Dáil Éireann

1. Deputy Barry Cowen asked the Minister for Social Protection the number of welfare cases reviewed by her in 2009, 2010 and to date in 2011; the amount saved by anti-fraud measures [691]in 2009, 2010 and to date in 2011; and the number of staff overall who have been investigating fraud in her Department in 2009, 2010 and to date in 2011. [29194/11]

Minister for Social Protection (Deputy Joan Burton): The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of the Department, which processes in excess of 2 million claims each year and makes payments to some 1.4 million people every week. However, it is important to recognise that the majority of people receive the entitlement due to them.

In terms of control work, in 2009 nearly 751,000 cases were reviewed by the Department and some €484 million was recorded as savings achieved. In 2010, more than 929,000 cases were recorded as reviews and some €483 million was recorded as being achieved in control savings. However, due to industrial action, the total 2010 control savings and reviews were not fully recorded. In the period January to August 2011, nearly 401,000 cases were reviewed and some €388 million control savings have been recorded. The savings achieved to date this year are substantially ahead of the €281 million achieved in the same period last year. Under the fraud initiative 2011-13, there is a provisional target of achieving €625 million in control savings in 2012. This is an increase of €85 million on the 2011 target.

Control savings are an estimate of savings from various control activities across the schemes in payment, but are not actual moneys recovered by the Department. If this control work did not take place, social welfare expenditure would increase by this level over time.

Control activity is also focused on the prevention of fraud and error at new claim stage. This is the most cost effective mechanism of reducing losses through fraud and error in social welfare schemes. Savings made from the prevention of fraud and error at application stage cannot be estimated as the claims in question will not go into payment.

Additional information not given on the floor of the House

There are some 620 staff whose work includes control activities. This figure includes staff involved in the processing and payment of new claims, including staff in investigation units who work at local, regional and headquarters levels. Some 200 of those staff work full-time on control work, while the other 420 staff are responsible both for routine investigations in relation to new claims on the various schemes and for reviews of customers’ claims. Of the 200 inspectors, 89 are in the special investigation unit, SIU, whose exclusive function is fraud prevention, detection and deterrence.

I recently launched a new fraud initiative 2011-13, which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure public confidence and trust in the system. There are a number of themes and approaches in this plan as follows: greater inter-agency co-operation among public bodies at national and local level to combat fraud and abuse; greater presence of social welfare inspectors on the ground; the targeting of sectors where fraud is more likely to occur; new ways to recover overpayments to be examined; increased penalties for those operating in the hidden economy to be examined; greater liaison at national and, in particular, at local level with employers, their representative organisations and businesses generally to ensure good information exchange on emerging fraudulent trends in the labour market and to maintain a fair and level playing pitch for all enterprises; the roll-out of the new public service card; and the enhancement of the technical and auditing capacity of the Department through modern data matching and data interrogation techniques.

I consider that the combination of these elements of the plan will lead to more focused and efficient activity and to more trust in and credibility of the social protection system. This fraud initiative is a work in progress and covers the period 2011 to 2013. It will be reviewed periodically and updated, as required, given emerging trends.

[692]Social welfare fraud undermines public confidence in the entire system as well as being unfair to other recipients of social welfare payments, businesses run on a legitimate basis and taxpayers. As Minister, I am very conscious of the need to protect public money and I am determined to ensure that abuse of the system is prevented and is dealt with effectively when detected.

Deputy Barry Cowen: I thank the Minister for her response. Am I correct in saying there has been no major dividend in savings this year? Was the target inherited by the Minister not €540 million for this year? Last year’s target was €550 million and €483 million was recorded as achieved, up to the time industrial action curtailed the activities. Has that industrial action continued this year and is that the reason this year’s target may not be achieved?

There seems to be no major increase in the number of cases under review. In 2009, there were approximately 750,000 cases reviewed and to August this year, 401,000 have been reviewed. In March of this year there were 89 inspectors targeting this area. Are there more now considering what the Minister has been saying in recent months with regard to the plan she has brought forward to target this area specifically and to make savings which might allow her to retain the rates of payment? Will she elaborate on this? While the Minister intends the targeted review to be a success, based on these figures and the comparison with recent years, is it as successful as she thought it would be?

Deputy Joan Burton: We have figures up to August, as the year is not complete yet. There were 401,000 reviews up to that date and these resulted in some €388 million in control savings. This compares with €281 million achieved in the same period last year. Therefore, the staff of the Department are doing very well on this. The reviews are yielding more control savings. We will know the total outturn by the end of the year, but the review is yielding significant savings.

With regard to the inspectors and fraud, the work of approximately 620 staff includes control activity. This includes staff involved in the processing and payment of new claims, including staff in investigations who work at local and regional headquarters level. Some 200 of those staff work full-time on control work while the other 420 staff are responsible for both routine investigations relating to new claims and the reviews of customer claims. Of the 200 inspectors, 89 are in the special investigation unit, the exclusive function of which is fraud prevention, detection and deterrence. The Deputy will recall that in the debate on the Social Welfare and Pensions Bill before the summer recess, I sought and got from the Dáil additional powers relating to multi-agency investigations and co-operation. We want to have a greater presence of social welfare inspectors on the street, as it were. For example, next year we propose to increase significantly the number of visits to employers for the purpose of deterring black economy activity, where people in employment are not recorded as working.

Deputy Barry Cowen: Despite the apparent effort by the Department to beef-up the sector and to tackle this issue, the numbers do not seem to support this effort. The number of staff, 620, is little different from the 600 in 2009 and the number of inspectors remains the same as it was in March. The yield in savings is very similar to last year and we wonder if we will meet the target. The Minister said that industrial action last year had curtailed the figure, but that has not been the case this year. The review is not yielding the results we hoped it would.

Deputy Joan Burton: What is different is that we are targeting the use of the investigators. In other words, they are targeting areas where there may be evidence to suggest there are problems. This has been a particular feature of the work of the Department recently and I have stressed that this is important. We have continued to conduct a huge number of reviews, which involves writing to people to check whether they are living at the address given and so on. Most people are honest and, therefore, modern audits target the areas where there is reason [693]to suspect there may be abuse. That is where I would like to see the emphasis. We are targeting for next year a significant increase in control savings, but we also want to target specifically areas where we have reason to believe there may be fraud. Up to September, some 12,000 members of the public had made contact with the Department pointing out areas of abuse of the system. They are not always right but it is interesting information.

2. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if her attention has been drawn to the recent media focus on the JobBridge scheme exposing displacement of real jobs; and the steps she will take to prevent such displacement and exploitation. [29196/11]

Deputy Joan Burton: JobBridge, the national internship scheme, is part of the Government’s job initiative and was launched on 1 July 2011. As of last Friday, a total of 2,477 internship opportunities with host organisations were available on the website. To date 1,769 interns have commenced an internship under the JobBridge scheme. Of these, 625 individuals have converted their work placement programme placement into a JobBridge internship to avail of the €50 top-up. In other words, some 1,100 people on internships had not been doing any other job placement or internship beforehand. The aim of JobBridge is to assist individuals bridge the gap between unemployment and the world of work. JobBridge aims to offer individuals of all skill levels, ranging from those who left school early to highly qualified graduates and postgraduates, a unique opportunity to develop new skills and earn valuable experience. JobBridge can offer a diverse range of jobseekers a chance that will at the very least improve their prospects of securing employment in future.

Feedback on the scheme has revealed that there have been many excellent internships for non-graduates in the retail, catering and services sectors where participants are learning new skills, staying in touch with the labour market and putting themselves in a better position to get a full-time job. Measures to minimise displacement include the following: all host organisations must declare in their application that they are not displacing an employee and that they have no vacancy in the specific area; the JobBridge team, part of the FÁS team in County Offaly, checks all applications against recent vacancies advertised on the FÁS Jobs Ireland website; and if the JobBridge team suspects that displacement may be an issue, it can liaise with regional FÁS management to find out more information on the company.

Additional information not given on the floor of the House

In order for all applications from host organisations to be approved they must also meet a number of criteria so as to ensure the potential internships are of sufficient quality. These include the following: that the internship does not allow the intern to work unsupervised; and that the intern accrues significant experience throughout the entire internship. In order for an internship to commence a standard internship agreement must be signed by both the intern and the host organisation. This agreement clearly stipulates the terms of the internship and states the specific learning outcomes the intern will receive over the course of their internship.

To ensure compliance with the scheme, my Department and the JobBridge team are monitoring internships to ensure that both host organisations and interns are abiding by the spirit and rules of the scheme.

This involves the monitoring of monthly compliance reports which the host organisation uses to verify that the internship is proceeding as set out in the standard internship agreement. In addition, contact with the host organisations and interns including random site visits will begin shortly as part of this process.

The scheme also has a whistle blowing feature, where any individual who suspects that an internship may be in breach of the scheme’s criteria, including in cases of suspected displacement or poor quality, may contact the national call centre. All such claims will be investigated. [694] Where it is proven that displacement has occurred in a host organisation their internship opportunities will be removed and they will not be allowed to participate in JobBridge.

Deputy Aengus Ó Snodaigh: I spent five to ten minutes yesterday browsing the website, during which I found 11 objectionable new advertisements. Has the Minister looked at the website? She will see internships that clearly displace what should be real jobs and wages and exploit people. Some of the internships include posts as retail assistants, car valets, catering assistants and general maintenance assistants. The posts are dressed up in fancy language to give the impression they are meaningful internships but cursory research dispels that myth. A retail assistant post based in Waterford city claims the intern “will also be trained in the use of highly specialized Microsoft RMS software, used for point of sale”. According to the Microsoft website, the RMS software package enables employees “to learn POS procedures in minutes”, not 30 hours a week over nine months.

Does the Minister agree she has failed to prevent displacement and exploitation that was an inevitable outworking of the scheme? Does she agree that some employers are using the JobBridge scheme to avoid employing people on proper terms and conditions to undertake standard functions on which their businesses and profits to date depended? Does she agree the design of the scheme facilitates this outrageous exploitation?

Deputy Joan Burton: Over 4,000 employers have offered to host internships. JobBridge is an internship and work experience programme, not a job. Of those 4,000 employers, only 2,500 have had the request to host an internship accepted. In some cases, more must be done because the specifications do not meet the requirements. It is important to avoid displacement. In the hotel and catering industry, Fáilte Ireland has done a detailed and valuable amount of work for the hospitality sector to identify good internships and what they do.

Regarding what the Deputy describes as low-level jobs, someone who left school without many qualifications may be interested in a different kind of job and experience to someone who is a postgraduate archaeologist. The Department and I made a decision to make JobBridge open to different levels and not to make it an internship open only to graduates and postgraduates. It is open to a wide range of people. Over 1,100 people have started internships and 625 people have transferred from the work placement programme. Feedback is positive but that does not mean there are no problems and that we do not need constant vigilance. I am sure it is providing a valuable experience to a significant number of people.

Deputy Aengus Ó Snodaigh: I agree with the last point about the meaningful experience. The practice to date seems to be that this is used as cheap or free labour. Does the Minister agree the scheme is a giant disincentive to job creation? Why would an employer create a real job when he or she can exploit free labour courtesy of this Government? What steps will the Minister take to ensure the experience on JobBridge is meaningful and that the employee gets full training, not three hours in nine months? This means training could be carried over to the next employment the employee will hopefully find.

Deputy Joan Burton: There are a series of monitoring processes, including the steering committee chaired by Mr. Martin Murphy, CEO of HP, which meets on a regular basis. There is also a stakeholders’ group and we take into account the advice of stakeholders, including employers’ organisations and trade unions. Internationally, there is recognition that a good quality internship is an opportunity for people who cannot get a job when there are very few jobs available. They cannot get a job because they do not have experience and they cannot get experience because they cannot get a job. The JobBridge was set up to get out of that catch-22. The variety of internships on offer, bearing in mind that Deputy Ó Snodaigh may have thought this applied only to graduates——

[695]Deputy Aengus Ó Snodaigh: I did not.

Deputy Joan Burton: ——apply to people at different levels. The feedback is quite positive. Many people are voluntarily monitoring for us. There is a risk of displacement but the FÁS workers in the centre in Edenderry are doing work to make sure this aspect is dealt with at the beginning.

3. Deputy Thomas Pringle asked the Minister for Social Protection her views on amending the pay related social insurance for self-employed persons to allow them through extra contributions to be able to claim jobseeker’s benefit in the event that their business closes or they are out of work, the new system would require an additional contribution and a qualification period; and if she will make a statement on the matter. [29367/11]

Deputy Joan Burton: I am very aware of the very difficult financial position of some self-employed people. However, there must be a balance between contributions made and benefits received. Self-employed persons are liable for PRSI at the class S rate of 4%, which entitles them to access long-term benefits such as State contributory pension and widow’s, widower’s or surviving civil partner’s contributory pension. Ordinary employees, who have access to the full range of social insurance benefits including jobseeker’s benefit, pay class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full rate PRSI class A. For employees earning less than €356 per week, the rate of employer’s PRSI is 4.25%.

In this context, it may be noted that self-employed workers generally achieve better value for money from social insurance compared to employees. The 2005 actuarial review of the social insurance fund found that a self-employed contributor can expect to receive over ten times what he contributes, compared to an employee, who on average receives only three times what he and his employer contribute, despite the fact that the range of benefits available to employees is greater.

The contributory State pension increased at a greater rate than inflation or earnings growth in the period up to 2010, while annuities offer CPI-linked increases. The market cost of an inflation-linked annuity with €12,000 a year in initial benefits is greater than €300,000, without any associated survivors’ benefits.

Additional information not given on the floor of the House

Any changes to the PRSI system in order to provide access to short-term benefits such as jobseeker’s benefit would have significant financial implications and would have to be considered in the context of a much more significant rise in the rate of contribution payable.

I established the advisory group on tax and social welfare earlier this year to meet the commitment made in the programme for Government. The group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable. I look forward to receiving its report.

The Deputy should be aware that self-employed persons may establish eligibility to assistance-based payments, including jobseeker’s allowance. In general, in assessing means, account will be taken of the level of earnings in the last 12 months in determining expected income for the following year. In the current climate, account is taken of the downward trend in the economy.

[696]Deputy Thomas Pringle: I thank the Minister for her response. While it may be true that class S contributors receive more than ordinary employees, that is after they reach the age of 66 and retire. There are a large number of self-employed people who, through no fault of their own in this recession, have ended up without work and dependent on social welfare and have been unable to avail of jobseeker’s benefit. I ask the Minister to give serious consideration to increasing the class S contribution rate to ensure there is a safety net. This would be a labour activation measure as well as a way of encouraging people to set up their own businesses. They can do so in the knowledge that there is a type of safety net they can avail of after an appropriate qualification period.

Deputy Joan Burton: The Deputy’s proposal that self-employed people be allowed to make full contributions at class A level is worth examining. The advisory group on social welfare and taxation, which is currently examining the issue of family supports and child payments in the social welfare system, will next consider the issue of social welfare for the self-employed. We are all aware that during the boom, the last thing on the minds of many people, particularly young men in the construction industry, was making large social insurance contributions, because it felt as though the boom would never end. I am aware of what the Deputy is saying; many of those people have ended up in difficult circumstances. If we want to have a proper welfare system, we must start designing the system so that the self-employed are included as well.

An Leas-Cheann Comhairle: I ask all Deputies to keep their questions brief. Deputy Pringle is not the worst offender, but we have to make some progress.

Deputy Thomas Pringle: I welcome the fact that the Minister has asked for this to be examined and I look forward to seeing the outcome. However, I ask the Minister to ensure, if she is agreeable to some sort of system being established, that it will not be voluntary. There is a voluntary scheme under class P for share fishermen, but over the last ten years only 15 fishermen per year on average have availed of it. Thus, it will have to be a compulsory scheme. Overall, it would be for the greater good.

Deputy Joan Burton: If we want to build a modern welfare state for the 21st century, there are things we must take into account. People who are leaving school today or leaving college this year or next year will spend some of their time as employees and some of their time as contractors or self-employed. In some cases they will set up companies and become directors. Our welfare system needs to make provision in the future for all those people.

Obviously, people need to contribute so that the system is self-funding. This year, there is a deficit in the social insurance fund of the order of €1.9 million, that is, the contributions have been less than what is being paid out because of the high level of unemployment.

4. Deputy Barry Cowen asked the Minister for Social Protection the number of persons in receipt of rent allowance; her plans to expand this scheme; and if she will make a statement on the matter. [29195/11]

Deputy Joan Burton: Rent supplement expenditure increased from €369 million in 2005 to €516 million in 2010. The number of people claiming the allowance increased from almost 60,200 in 2005 to 95,700 as at October 2011, that is, by nearly 60%. There are no plans to expand the scheme by relaxing the eligibility rules, thereby increasing the number of people in receipt of rent supplement. The main strategic emphasis of policy initiatives undertaken by the Department over the last number of years is to return rent supplement to its original incar[697]nation as a short-term income support for people who are renting and have lost their jobs but, in a better labour market, would probably find jobs within a year or so.

Two main initiatives are currently being pursued by the Department to transfer long-term rent supplement recipients to housing solutions supported by local authorities. These are the rental accommodation scheme, popularly known in Dublin as the RAS, and the new housing policy initiative launched in June of this year.

The RAS, which was introduced in 2004, gives local authorities specific responsibility for meeting the longer-term housing needs of people who receive rent supplement for 18 months or more. Local authorities meet the housing needs of these individuals through a range of approaches, including the traditional range of social housing options, the voluntary housing sector and, in particular, the RAS. In June 2011, the Minister for the Environment, Community and Local Government and the Minister of State with responsibility for housing published a new housing policy framework statement. The object, in terms of reform, is the transfer of the rent supplement scheme to local authorities. One other feature of the rent supplement scheme is that it constitutes a welfare trap in certain cases, acting as a disincentive for people to return to work. A multi-agency steering group involving my Department and the Department of the Environment, Community and Local Government is considering the implementation of this transfer.

Additional information not given on the floor of the House

This will help achieve a key Government commitment of removing barriers to employment, while at the same time returning rent supplement to its original purpose, that of a short-term income support payment for those who are temporarily unemployed.

In line with commitments in the programme for Government, the Department is also working closely with the Private Residential Tenancies Board to ensure that rent supplement tenancies comply with the statutory system of tenancy regulation and safeguards. The Department is also working with the Revenue Commissioners to ensure that landlords are tax-compliant.

Deputy Barry Cowen: I agree that the concept of transferring responsibility to the local authorities is to be welcomed, and I agree that the emphasis should be on the RAS, as has been the case in recent years. There are 100,000 people on our housing waiting lists, which means there are almost 100,000 people on rent allowance. The number on the housing list has risen to 56,000 since 2008. The Minister mentioned some schemes announced by the Minister of State with responsibility for housing. However, there is a dilemma with regard to social protection and the pressure to maintain social welfare rates as per the programme for Government, to which the Government re-committed after 100 days in office. Should the Government not seek to create schemes that would benefit the greatest number of people at a lesser cost to the taxpayer? In this instance, such goals cannot be achieved through a large budget for rent allowance, but could be achieved through utilisation of the social dividend that NAMA owes to the taxpayers of this State. Has there been some co-operation on this between the Minister and the Minister of State with responsibility for housing? Has the Minister sought to advance the prospect of co-opting NAMA in order for the State to capitalise on what was promised initially as a social dividend?

Deputy Joan Burton: My colleague Deputy Penrose, the Minister of State with responsibility for housing, has continual contact with NAMA with a view to obtaining this social dividend for citizens and taxpayers, who are paying the cost of NAMA, through the use of properties in the NAMA portfolio which may be suitable for housing. The Minister of State has been active in pursuing this.

One of the reasons the numbers on local authority housing lists have risen is that a person must register with the housing authority in order to receive rent supplement. However, many [698]of those receiving rent supplement are young and single. There is a great deal of work to be done in terms of examining how the system of rent supplement has developed and expanded. Some 95,000 people are currently in receipt of the supplement, amounting to a cost to the State of €500 million per year. My Department is the largest purchaser of housing services from private landlords in the State. As such, I agree that we could obtain better value for money.

Deputy Barry Cowen: That is precisely why this issue should be pursued more vigorously than heretofore. The Department of the Environment, Community and Local Government today produced figures indicating that 19,000 houses are vacant and a further 17,000 are at various stages of construction. That oversupply must be tackled vigorously and immediately in order to seek the dividend which could be demanded of NAMA for the State. Such an approach would afford the Minister the leverage she needs to honour the commitments she and her party have given.

Deputy Joan Burton: Another priority in terms of saving money is for the Department to secure better deals from landlords in regard to rents. That is best handled by the local authorities, which is why I am anxious to see the rent supplement scheme transferred to them. Community welfare officers, who are experts in this area, joined my Department’s staff on 1 October. There is a committee of officials and people with expertise in the area between my Department and the Department of the Environment, Community and Local Government. They are working closely together with a view to effecting the transfer of the scheme to the local authorities and initiating the new system in the new year.

5. Deputy Mick Wallace asked the Minister for Social Protection if, following the observation during the UN review of Ireland’s human rights record that austerity measures should not disproportionately impact the elderly, she will guarantee that the State pension and the free travel pass will be protected in Budget 2012; and if she will make a statement on the matter. [29402/11]

Deputy Joan Burton: I am very conscious of the needs of people on social welfare and fully understand that a wide range of groups depend on the welfare budget for vital support. In the context of a very tough budgetary environment, I will do my utmost to protect the most vulnerable people in Irish society, including retired and older people in receipt of social welfare pensions and the free travel scheme. My Department will spend more than €77 million in 2011 on the free travel scheme. This will benefit more than 700,000 people, some 520,000 of whom are aged over 66.

5 o’clock

Sustainable public finances are a prerequisite for maintaining an adequate system of social protection as well as for achieving future economic stability and growth. For these reasons, the State must pursue a determined deficit reduction strategy. Accordingly, there will be an ongoing requirement to curtail expenditure and prioritise resources in my Department and all other Departments in 2012 and in later years. In this regard, my Department has completed a comprehensive review of expenditure, the purpose of which is to assess the effectiveness and value for money of spending programmes across all Departments and agencies. All spending lines are being examined without exception, and possible ways of reducing spending are being considered in every area of expenditure. The fact that particular ways have been identified in which spending could potentially be reduced does not mean all of these approaches will be implemented.

The intention behind the methodology being followed is to provide the Government with a set of decision options to enable it to meet three objectives. These objectives are, first, to achieve overall fiscal consolidation outcomes, both as regards spending and numbers reduction [699]targets; second, to re-align spending with programme for Government priorities; and, third, to consider new ways of implementing Government policy in the context of public sector reform.

Additional information not given on the floor of the House

In my discussions with my colleagues in Government I will have regard to any views expressed by the UN and by welfare representative organisations. In this regard, I held a pre-budget forum on 16 September which was attended by 34 organisations. I and my officials had the opportunity to listen carefully to their proposals relating to the next budget. I stress that no decisions have been made to date in regard to welfare expenditure next year. Those decisions will be made in due course after full consideration by the Government and will be announced on budget day.

Deputy Mick Wallace: There can be no doubt that the Government’s austerity measures have had the greatest impact on the more vulnerable members of society, including the elderly. A new report published by researchers at UCD and St. Mary’s Hospital in the Phoenix Park, Dublin, shows that more than 10,000 elderly people per year are subjected to some type of abuse, of which the most common is financial abuse. Funding must be ring-fenced to protect the vulnerable members of society. Such people, who include many of our older citizens, are already in extreme difficulty even before the inevitable further cutbacks are introduced. We discussed the challenges facing the community and voluntary sector during Private Members’ business this week. Older people must be protected in the context of cutbacks in State spending and support for community initiatives.

Will the Minister indicate whether there are there any plans to implement a fuel poverty strategy, as indicated in the programme for Government?

Deputy Joan Burton: The most effective means of ensuring people’s homes are adequately heated is to install adequate insulation. The Deputy will be aware that older people tend to live in older houses which may be poorly insulated. It is important that we seek to have an active programme for insulating houses. In the case of local authority houses built in the 1970s, for example, the insulation standards are very low.

The Deputy should bear in mind that in the case of a pensioner couple where both people are aged over 66, the combined State contributory pension is €436, a significant increase since 2004. In addition, the couple are entitled to household benefits and free travel. That level of provision is the reason the ESRI found that elderly persons have for some years been at a lower risk of poverty, whether measured simply in terms of income or using measures of deprivation. We should also bear in mind that the pensions and other payments older people receive are spent largely in this country. It is important from an economic point of view that they should continue to have that level of purchasing power.

Deputy Mick Wallace: I agree that many older people have difficulty keeping their homes heated to a safe level. I recently received information from a company called Wexford Viking Glass which installs glass in window frames without taking the frames out, offering an increase in insulation levels of 60%. The company has proposed that the Government consider abolishing the VAT on its services in order to assist its business and promote efforts to improve insulation in older homes. Taking out the entire window involves a great deal of labour in terms of re-plastering, re-painting and so on. Replacing the glass only is a tidier job and much more cost effective.

Deputy Joan Burton: The Deputy might send me a note with the details of the company’s proposal. A great deal of work is ongoing in terms of insulation initiatives, many of which are carried out under community programmes in different areas throughout the State and have been very successful. There is a challenge in that in the case of council houses built in the [700]1970s, for instance, some long-standing tenants still have their original windows. I would be very interested in any proposals similar to that to which the Deputy referred, as would my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte.

6. Deputy Michael McGrath asked the Minister for Social Protection the actions she has taken to alleviate pressure on those affected by the fuel allowance cuts since July 2011; and if she will make a statement on the matter. [29151/11]

12. Deputy Richard Boyd Barrett asked the Minister for Social Protection the way she will ensure there will be adequate heating for the elderly and vulnerable in view of the cuts to the fuel allowance and the household benefits package; and if she will make a statement on the matter. [29130/11]

27. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection her response to the pre-budget submissions of Age Action and Social Justice Ireland both of which underline the threat posed by the recent households benefits package cuts to the health and well-being of older persons and those with disabilities and which call for the reversal of those cuts. [29054/11]

Deputy Joan Burton: I propose to take Questions Nos. 6, 12 and 27 together.

My Department will spend over €530 million in 2011 on the fuel scheme and the telephone, gas and electricity elements of the household benefits package which will benefit some 390,000 people on household benefits and 375,000 on the fuel allowance. In 2005 there were 325,000 people on household benefits and 265,000 on the fuel allowance at a cost of €280 million. The costs have almost doubled in six years while the number of customers has risen by more than 20%.

The fuel allowance is paid for 32 weeks, beginning on 26 September. All customers will receive the standard rate of €20 per week, the rate previously received by the majority of customers, with no additional allowance for living in a smokeless area. The number of free units provided under the electricity and gas allowance were reduced from 2,400 to 1,800 with a view to generating savings of €17 million in 2011 and €65 million annually.

The House should be aware that my Department will cover the cost of the price increases in electricity which came into effect from 1 October and maintain the value of these allowances at 1,800 units. In other words, the price increases will not have an impact on the customers who benefit from this support. The electricity allowance, which was €35.80 per month, will increase to €39.40. The price increases recently announced will cost the Department over €4 million in 2011 and €17.3 million in a full year.

I am aware that some of the reductions may affect some people but it is important to remember that with the plus 20% increase in energy prices the Department will fully cover people who have the fuel allowance for all of those price increases. I am anxious that elderly people in particular would not be worried that the increases in fuel costs will not be covered by their allowance. It will be absorbed by the Department at a cost of up to €17 million per year.

Deputy Barry Cowen: I thank the Minister for her detailed answer. We know these cuts will start impinging greatly on the elderly. The cuts in the benefits package for fuel allowance will [701]reduce payments to pensioners and other social welfare recipients by €20 a month and up to €35 in the winter months.

I welcome the Minister’s comment that the price increase in electricity is to be absorbed by the Department and will not affect the household benefits package. However, she also stated that the cost of that in the past five years alone has doubled which means the benefit to the providers has also doubled; the suppliers’ incomes and profits have doubled.

When these cuts came into effect some months ago we spoke about the Department’s continued negotiations with the providers to get a discount and while that might be clouded by virtue of the increase not being passed on it should go even further. There should be a discount to this State for the amount of funding being put into that sector and it is only right and proper that they come back to us with a recommendation in that regard.

Deputy Joan Burton: I thank the Deputy for his support on this because the Department is a major purchaser of fuel in the sense of paying for people’s fuel, electricity and gas bills but we do not get discounts. The view was taken quite a long time ago by the Competition Authority that the Department did not have status in regard to negotiation. We are currently negotiating it. However, it may be necessary to put it out to tender and in that way achieve a reduction because given all of the reductions other businesses have made, it is more than appropriate that the big utility companies should recognise the difficulty of the economic position the country finds itself in, step up to the plate and offer saving measures to the Department. It must be remembered that when we pay the fuel allowances, ESB bills and so on there is no bad debt experience. The big utility companies are in the newspapers every other week regarding their difficulty with bad debts. They do not experience that with the Department.

An Leas-Cheann Comhairle: Three questions were tabled. I will come back to Deputy Cowen.

Deputy Richard Boyd Barrett: Is it not the case that the cuts to the fuel allowance the Minister is proposing and the cuts she has already indicated to the household benefits package are the sharp edge of an obscene attack on the most vulnerable sectors of our society and that despite soothing words about covering the cost of electricity and gas price increases the reality of these cuts is a matter of life and death for people? Is the Minister aware — I am sure she is — that there were 2,000 winter related deaths among elderly people, most of them pneumonia, colds and other winter related ailments? Is it not a fact that these cuts mean more people will die?

An Leas-Cheann Comhairle: Thank you, Deputy.

Deputy Richard Boyd Barrett: How can that be justified when Ministers are earning €140,000 a year, gas company executives are earning €400,000 a year and ESB executives are earning €650,00 a year when we are talking about equality of pain? None of them will die because of any increased taxes but elderly people may die as a result of these cuts.

An Leas-Cheann Comhairle: Thank you, Deputy.

Deputy Richard Boyd Barrett: I urge the Minister to reverse these cuts and any thought of imposing cuts on fuel allowance.

An Leas-Cheann Comhairle: Other Deputies wish to ask questions.

Deputy Joan Burton: The Deputy would be aware that in addition to the household benefits package and the fuel allowance, we have 1,000 community welfare officers employed whose job is to assist people who may have exceptional needs in regard to fuel payments. We employ [702]1,000 people to do that at very significant cost to the taxpayer and it surprises me that the Deputy would not acknowledge the work the community welfare officers do to assist very vulnerable people who may have exceptional needs.

If an elderly person has an illness such as pneumonia and is hospitalised I would seriously hope that a Deputy like Deputy Boyd Barrett would be aware of the work of the community welfare officers at local level because in the event of anybody who is dependent on social welfare becoming very ill it might be that they would need additional assistance in respect of fuel. As I stated earlier, however, the best way we can all help older people is to ensure that their houses are better insulated because many older people’s houses suffer extreme heat loss. In addition, the utility companies should be giving us a discount. Eircom did that in that it no longer charges for the rental of the telephone.

Deputy Richard Boyd Barrett: A Cheann Comhairle——

An Leas-Cheann Comhairle: No, Deputy.

Deputy Richard Boyd Barrett: Come on.

An Leas-Cheann Comhairle: Deputy Ó Snodaigh tabled a question. He is perfectly entitled to ask a question. We have very limited time.

Deputy Aengus Ó Snodaigh: I wish to ask two brief questions. First, given that this is a life and death issue — nearly 2,000 people died from cold last year — would the Minister not agree that before any cut was contemplated in the fuel allowance and the household benefits package the discount route should have been rigorously pursued? Second, is the Minister aware that a realisable discount of only 14% is all that is needed to cover the cost? That is realisable and it should have been the first route before any cut came in or was even contemplated.

Deputy Joan Burton: I very much share the Deputy’s sentiments. I was in a particular difficulty in that a number of measures or savings in 2011 and future years were specified as part of budget 2011 but were not announced by the then Fianna Fáil Government at the time. They were specified and laid down when I came into office. They included a saving of €30 million in the energy and telephone elements of the household benefits package in 2011 and subsequent years. The specific way in which the saving was to be made was not specified. They also included the abolition of the smokeless fuel allowance with a saving of €7.7 million in 2011 and €17.5 million in subsequent years.

The numbers receiving fuel allowances are greater this year than was foreseen by Fianna Fáil when in Government last year. In addition, fuel prices have risen by 22%. I believe the discount route is the appropriate route to take. We may have to take other action because of legal difficulties but I have been working continuously on this issue. Eircom has given us some discount, by no longer charging the Department €2 per month in perpetuity for the rent of the telephone.

Deputy Aengus Ó Snodaigh: Will the Minister reverse the cuts if the Department gets the discount?

An Leas-Cheann Comhairle: I am running out of time. I want three brief questions from Deputies Cowen, Boyd Barrett and Ó Snodaigh.

Deputy Barry Cowen: The Minister said that the Competition Authority had problems with the issue of discounting. She repeated that there were legal difficulties in pursuing it. What had the Competition Authority to say about Eircom’s acquiescence to the State’s request? As Deputy Ó Snodaigh said, and I said it earlier, we asked the Minister to pursue this line some [703]months ago and we want to see results in order to alleviate the threats that elderly people experience by virtue of these cuts.

Deputy Richard Boyd Barrett: How can the Minister use the work of community welfare officers as a smokescreen for the substantial question that is being asked of her? If we have already had 2,000 winter related deaths, is it because the funds to procure fuel and electricity to provide warmth for elderly and vulnerable citizens are inadequate? Many of them would not have the confidence, knowledge or ability to contact a community welfare officer. The reality is that an unacceptable situation is now going to be made worse because of cuts to fuel allowance and household benefits package. More elderly and vulnerable people will die if we continue to cut the fuel allowance and other vital allowance for electricity and gas. That is not acceptable and I do not know how the Minister can justify it. Surely we can look to the well paid and the wealthy to bear this burden instead of putting it on the most vulnerable and elderly sections of our society where it will result in deaths.

Deputy Aengus Ó Snodaigh: I welcome the Minister’s answer. Will she reverse the cuts if she achieves the discount? Will she change the law if there is a problem from the Competition Authority to allow the discount route to be pursued? We on this side of the House will support any measure that ensures that Government spending is effective and efficient and that the Department can gain the same benefits that other purchasers gain.

Deputy Joan Burton: On the energy side, the negotiations with the ESB are continuing. There were difficulties with the Competition Authority for a number of years. The core of the difficulty is that the Department is not recognised as a bulk purchaser. The contract for fuel supplies is deemed to be between the individual social welfare client, the pensioner or whoever, and the energy company. If a view is taken that we are bulk purchasers and that we pay in bulk, there is the possibility of a discount. In regard to the charge for the telephone, it is a charge for an actual appliance but I am very grateful that Eircom recognised our argument. The legal route to avail of a discount may be to put the benefits out to tender and have a tender price that is negotiated downwards. If there is a benefit from that, it will be reflected ultimately in a better quality of service.

I wish to stress to Deputy Boyd Barrett that throughout the country, particularly in older local authority housing estates, insulating older houses and farm properties saves money and improves the quality of life. That is the reason that in the Jobs Initiative, my ministerial colleague, Deputy Pat Rabbitte has emphasised this.

Deputy Richard Boyd Barrett: We all agree with that idea but it does not justify the cuts.

Deputy Joan Burton: It is the most important thing that we should do but it will take time.

7. Deputy Michael Moynihan asked the Minister for Social Protection the areas she identified for potential reductions in the comprehensive spending review in view of the Taoiseach’s refusal to clarify the details of same; and if she will make a statement on the matter. [29155/11]

Deputy Joan Burton: Sustainable public finances are a pre-requisite for maintaining an adequate system of social protection as well as achieving future economic stability and growth. For these reasons, the State must pursue a determined deficit reduction strategy. Accordingly, there will be an on-going requirement to curtail expenditure in my Department and in all other Departments, in 2012 and in later years. All Departments are aware that the Government has to bring forward major savings across the full range of public expenditure and to prioritise resources very carefully. The purpose of the Comprehensive Review of Expenditure is to assess [704]the effectiveness and value for money of spending programmes across all Departments and agencies.

The appropriate level of overall expenditure by my Department in the years ahead will be considered in the context of budget 2012 and subsequent budgets. All considerations will be informed by the commitment in the Programme for Government to maintain social welfare rates and by the Comprehensive Review of Expenditure. My Department has forwarded preliminary savings options to the Department of Public Expenditure and Reform as part of the Comprehensive Review of Expenditure. My officials continue to engage with the Department on the options outlined in the review, with a view to preparing material for the Economic Management Council and the Government.

All decisions arising from the review will be decided in the final instance by Government. As is the norm during the initial stage of the budgetary process, details will not be released in advance of Government decisions. My ministerial colleague, Deputy Howlin, has already indicated that he intends to publish the reports submitted as part of the review process following the finalisation of the budgetary process later this year.

Deputy Barry Cowen: I thank the Minister for her reply. I am glad to see that she remains consistent in this regard, in spite of repeated questions from myself and others throughout the course of the year. The problem is that the Tánaiste is also consistent.

One hears members of the Government refer to the Memorandum of Understanding. Some are set in stone and some are not. The agreement was made against the background of the necessary austerity that was required because of the interest rate that was struck at that time, but subsequently the interest rate has been reduced, not necessarily by design, by accident. The savings the State will make on foot of the interest rate reduction have been bandied about as €1 billion per annum. In the discussions of our finance spokesperson with the troika, it was stated that any austerity measures should not impinge on the less well off or those most in need.

Meetings are taking place this week with the relevant authorities and the troika. Could the Minister have asked those who are negotiating on our behalf to secure a condition from the troika that due to the savings, there is wriggle room for the Minister to honour the commitments that she and her partners in Government made?

Deputy Joan Burton: The most effective way of reducing the cost of social welfare expenditure is to get people back to work. The difficulty that the budget labours under is that when the then Government made the forecasts this time last year and signed off on the Memorandum of Understanding, it estimated a higher growth rate but more importantly from the point of view of the Department, that only 405000 people would be unemployed, whereas unemployment figures are higher and are running at 45,000 ahead of what was estimated. To try to reduce expenditure we have to focus on getting people back to work, something I have emphasised.

The IMF, because of its experience in other countries, is very conscious of the role played by social expenditure and social welfare expenditure in demand in domestic economies. Therefore, it has emphasised its understanding of that. The ECB, as part of the troika, is very interested in seeing moneys it has set aside for Ireland being secured as quickly as possible.

Deputy Barry Cowen: The Department of Social Protection offers every alternative option and support system to people to get them back to work, the area which is relevant. There were outlandish predictions made by the Minister’s partners in government allied to the NewERA project and the number of jobs it was going to create. It has become more realistic in recent months. Funding for it is up in the air. If the proposed sale of assets is to yield funds will they be used for NewERA or to pay the debt? I ask the same question in regard to rate reduction. [705] This week’s negotiations could yield a dividend for the State of by virtue of job creation and the rates which the Minister and Government have continuously asked to supplement.

Deputy Joan Burton: In the regard to the memorandum of understanding and the deal with the troika we have to balance two concerns. We have been doing well. We were told renegotiation of the interest rate was impossible by Fianna Fáil when it was in government. I predicted it could be done and it has been done. We now need to negotiate the structure of the promissory note to Anglo Irish Bank which totals €3 billion a year plus interest of, I understand, 8%. It is very expensive for us as a country.

The troika, in particular the IMF, was conscious that the best way of meeting targets is to have growth and job creation in the economy. Every person who returns to work comes off social welfare and starts to pay income tax, as well as beginning to spend money. It is probably worth between €15,000 and €20,000 to the economy. It is important that we pursue a twin track strategy and deal with the debt and deficit, as well as getting people back to work.

Deputy Aengus Ó Snodaigh: I presume, based on the Minister’s comments, rent supplement and RAS have been identified as part of her Department’s budget cuts under the spending review. Would the Minister agree transferring people from the rent supplement scheme to RAS is like moving the deck chairs on the Titanic?

Has any consideration being given to front-loading rent supplement to local authorities, along with asking the Minister for Finance or NAMA to transfer properties? Such a change would allow local authorities to get people off rent supplement and the RAS scheme, which would result in longer term savings. It would be a more sustainable review of spending than an overnight cut which has been contemplated.

Deputy Joan Burton: I gave my view earlier. Rent supplement should be transferred to local authorities. It was meant as a temporary housing support for people in rented accommodation who lost their jobs. It has become a permanent feature of the system, encompassing 95,000 people and costing approximately €500 million this year. The other major problem with rent supplement is that it can constitute a severe employment trap, particularly for a couple with two or more children. To rent a house for such a family in many Dublin areas would cost €1,000. Somebody moving to work from rent supplement could lose €12,000 a year, whereas if he or she was on a local authority differential rent he or she would be able to predict roughly the level of rent proportional to his or her income. It is an important reason to reform the system and move it from social welfare to local authorities.

8. Deputy Billy Kelleher asked the Minister for Social Protection if she will review the criteria for the back to education allowance to ensure that it is sufficiently flexible to accommodate those who need same; and if she will make a statement on the matter. [29143/11]

Deputy Joan Burton: The back to education allowance, BTEA, scheme is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on certain social welfare payments to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.

The number of participants engaged with BTEA has grown steadily in recent years. In the 2010-11 academic year there were 25,032 participants, an increase of 20.3% on the previous year, which comprised 20,808 participants. The 2009-10 academic year saw a dramatic increase of 79% on the previous year. As of 30 September 2011, there were 18,440 participants availing of the scheme. Final figures for the current academic year are not yet available as claims are still being processed. However, it is expected that participation levels will increase this year. [706] Significant resources have been devoted to BTEA. Some €519 million has been allocated over the lifetime of the National Development Plan 2007-13. The budget for BTEA in 2011 is €198.8 million, which represents over 10% of an increase on 2010 expenditure.

A person wishing to pursue BTEA will have to satisfy certain conditions, such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications, among others.

Additional information not given on the floor of the House

In general, a BTEA applicant must be in receipt of a relevant social welfare payment and be at least 21 years of age or 24 years for postgraduate courses, prior to commencing an approved course of study. However, lone parents and persons in receipt of jobseeker’s payments can qualify at 18 years of age provided they are out of formal education for at least two years. An age criterion is necessary as BTEA was never intended to be an alternative form of funding for people entering or re-entering the education system.

A waiting period prior to entitlement is considered essential to enable people to engage in job search and consider options available to them. BTEA confers entitlement to income support for an extended period and a waiting period avoids establishing a pull factor to the live register for the purpose of accessing schemes of this nature. The qualifying period for the second level option is three months in recognition of the need for more urgent intervention for this cohort, while the qualifying period for third level courses is nine months having been reduced from 12 months only last year. A person awarded statutory redundancy may access BTEA immediately, provided an entitlement to a relevant social welfare payment is established.

State support for education purposes is grounded on a student progressing from one qualification level to a higher one and BTEA mirrors this fundamental principle which is necessary to ensure displacement does not occur. With effect from 19th July 2010, changes were introduced to the qualifying conditions of the scheme to reflect a deteriorating economic situation which built on other enhancements made to the scheme in recent years. Changes included allowing BTEA in cases where applicants were resuming studies having previously dropped out, had been granted exemptions for previous studies and allowing courses started on a part time basis to be completed full time under BTEA.

The BTEA is an administrative scheme and scheme guidelines are evaluated on a continuous basis to ensure scarce resources remain focused on those with the greatest need who are furthest from the labour market. The BTEA, in conjunction with other employment support schemes, will continue to be monitored on an ongoing basis to ensure it continues to meet its objectives.

Deputy Barry Cowen: I thank the Minister for the detailed response. I acknowledge an increase was given this year by the previous Government. There has been an increase in applications which is to be welcomed and expected, given the predicament in which we find ourselves. It is something we have to promote and improve.

Education is one of the primary ways out of the situation in which those whom we represent find themselves. I ask the Minister to be open to suggestions from all Deputies on gaps in the current scheme. Some people cannot access it through no fault of their own. Some people have returned from abroad and wish to avail of opportunities to further their education in order to make themselves more accessible to the employment market.

There is a grey area in the adjudication system on one moving a grade above what one has already achieved. I ask the Minister to allow us to make suggestions in that regard. I know of [707]a woman who has a primary degree, a higher diploma and a masters degree. She wished to study a further higher diploma to avail of a teaching opportunity but unfortunately could not access a grant. If she wants to pursue further study it will be at great cost to her. In these times such people are the very ones we have to congratulate and help.

Deputy Joan Burton: The short answer is that it is a fundamental rule that educational progression is upwards. As the Deputy probably knows, many people availing of the BTEA are returning to second level education because they did not complete it. If somebody has already completed a high level of education such as a masters degree it is difficult to deprive someone in second level who is completing his or her education of funding. A number of Deputies have raised this issue. In the current financial situation it is difficult to find extra resources to allow people to step back in terms of qualification. I am certainly open to a more detailed discussion on this with the committee or to bringing in some people who are qualified to comment on this. The back to education allowance, which we are spending €200 million on, is money that is well worth spending. The best chance of getting a job as the recession starts to lift is to have appropriate qualifications.

Deputy Barry Cowen: I thank the Minister and take on board her suggestion about bringing this to the attention of the relevant committee. We must recognise, and many young people do recognise, that despite the level of qualifications they may have achieved in these straitened times, there is a need to go beyond that. They must be complimented on that and rewarded in whatever way we can. To that end, I expect we will bring this to the attention of the committee and seek ways and means to support everyone who wishes to improve their education, be it at second or third level or beyond even a primary degree.

Deputy Richard Boyd Barrett: I have had a lot of calls about this. A simple criterion should apply; if someone wants to go back to education or to further their education, he should not be put in a position where he must stay on the dole for another six months before qualifying. It is an extraordinary situation. One young woman approached me recently. She decided not to sign on after having been away because she did not want to be a drain on the State. She was forced to sign on somewhat later and was subsequently refused the back to education allowance because she had not signed on earlier. When she put it to the social welfare office that she had not signed on because she did not want to do so unnecessarily and be a drain on the State, she was told she should have signed on, been a drain on the State and she would then have qualified. It is crazy. If people show the energy and dynamism of wanting to improve their education and not be forced into dependency on social welfare, we must deal with the anomalies that would people in that position and I would urge the Minister to do that.

Deputy Aengus Ó Snodaigh: If someone is unemployed in February, most of the third level opportunities start in September. That is a problem because we are then asking those people to spend another 12 months on the dole. Can that nine month figure be reduced to five months or can the criteria be totally changed so a full assessment is done?

Many people have achieved level 8, the highest a person can go, and were previously employed but now need to do another level 8 course but they are not allowed to do an equivalent. They are not going higher, they are changing tack, particularly those who have been in employment for a long time. Those aged 40 or 50, or even younger, who wish to transfer to a totally different career should be able to achieve the equivalent level.

Deputy Joan Burton: The points being made are reasonable and understandable. The qualifying period for the second level option is three months. Those who become unemployed in February face a problem but it takes people a while to identify the courses they want to do. It is a principle of the scheme that there should be upward progression, although I recognise that where someone wants to change career, there may be a reason to look at it. We should bear [708]in mind, however, that the previous period for third level courses was 12 months but has now been reduced to nine. I will gladly keep the matter under review but being honest, the financial leeway I have in a budgetary context is limited and I must ensure we keep within spending limits.

Written Answers follow Adjournment.

The Dáil adjourned at 5.45 p.m. until 2 p.m. on Tuesday, 18 October 2011.

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The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

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Questions Nos. 1 to 8, inclusive, answered orally.

9. Deputy Pearse Doherty asked the Minister for Social Protection if she will consider introducing an amnesty for persons who become aware that they are in receipt of an overpayment through no conscious fault of their own in view of the fact that this would encourage more persons to bring their case to the attention of their social welfare officer without fear which would consequently give rise to Exchequer savings. [29051/11]

16. Deputy Sandra McLellan asked the Minister for Social Protection her views that the issue of welfare fraud has been exaggerated by some in the media (details supplied) with knock-on negative consequences for the public’s understanding and confidence in the system; and the steps she will take to ensure that the issue is reported in a more measured way. [29050/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 9 and 16 together.

In 2010, total overpayments amounted to €83.4 million representing 0.41% of total Departmental expenditure. Overpayments arising from suspected fraudulent activity amounted to less than 0.1% of total Departmental expenditure in 2010. It is important to emphasise, therefore, that the vast majority of people are receiving the entitlement due to them each week, a point that tends to be lost in some of the media reports around this issue.

There are essentially 3 elements to the work of the Department namely income support payments, activation support and services, and control of fraud and abuse. It is vital that a balance is maintained between these 3 elements and that any initiatives in the control area take full account of income poverty. As I have said on a number of occasions, the Department processes in excess of 2 million applications each year and makes payments to some 1.4 million people each week. I want to emphasise that the vast majority of people are receiving the entitlement due to them. I therefore agree with the Deputy that issues in relation to fraud and abuse should always be reported in a fair and balanced way.

[710]The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of the Department. As the Deputies may be aware, I recently launched a new Fraud Initiative (2011-2013) which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure that public confidence in the system is improved.

Those customers who are aware that they are being, or have been, overpaid by the Department should contact their local social welfare office without delay. An overpayment recovery plan, acceptable both to the customer and to the Department, will then be agreed. I therefore have no plans to introduce an amnesty for customers as suggested by the Deputy as I do not consider this to be an appropriate response. The Department is fully committed to recovering 100% of overpayments arising as a result of suspected fraud or error. Effective debt recovery is seen as an integral part of the deterrent to fraudulent claiming.

Most social welfare customers fully declare their means and circumstances and, therefore, do not receive more than their entitlements. From an equity perspective, it is also important that the Department seeks to recover overpayments where they occur. An overpayment debt will remain on the customer’s records until fully recovered. This will result in a reduction of all future entitlements up to and including state pension. Following the death of a customer who owes a debt, the Department will have a claim on any estate remaining.

10. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if she will provide information on the new public service identity card including a complete list of the personal data that will be contained on this card; and if she will make a statement on the matter. [29029/11]

Minister for Social Protection (Deputy Joan Burton): The Department has developed, in conjunction with a number of other Government Departments, the specifications for a Public Services Card (PSC) under the Standard Authentication Framework Environment (SAFE) programme. The aim is to develop a card that acts as a key for access to public services in general.

Significant achievements over the last couple of years include:

procurement of a complete managed service for the production, maintenance and distribution of the card,

construction of a secure card personalisation and distribution centre in Bray Co. Wicklow. A specimen card was personalised on this site on 8th December, 2010,

finalisation of card design and technical specifications and

development of structures and processes and a technical infrastructure within the Department to support client registration as well as the management and administration of the cards.

The phased introduction of the Public Services Card started this month. The registration process is currently being piloted in a number of local offices in the Department, including Tullamore, Sligo and King’s Inn in Dublin. It is anticipated that up to 4,000 people will be issued with cards by end of year. Roll out of the card will be done as securely and speedily as possible but it will take a number of years to complete. The initial focus will be on roll out to Department clients of working age.

[711]The front of the card shows a person’s name, photograph and signature, along with the card expiry date. The back of the card shows the person’s PPS Number and a card number. It also has a magnetic stripe for compatibility with existing Social Services Cards. The card will electronically hold a person’s name, PPS Number, date of birth, place of birth, sex, nationality, all former surnames, all former surnames of their mother, a photograph and a signature. The principle is that the card only holds identifying data and that any other sensitive data relating to a particular use would be held on a secure server in the relevant agency. Each card will also hold data relating to its own issue (e.g. card number) and security (e.g. to check it is being read by an authorised device).

11. Deputy Niall Collins asked the Minister for Social Protection the year on year increase in social welfare appeals from 2008, 2009, 2010 and to date in 2011; and the number of additional staff who have been transferred to the social welfare appeals office. [29136/11]

Minister for Social Protection (Deputy Joan Burton): The year on year increase in social welfare appeals, requested by the Deputy are as set out in the table. Overall, appeals increased from 14,070 in 2007 to 32,432 in 2010. However, at 30 September 2011 the number of appeals received since the beginning of the year is 2,172 less than the numbers received in the same period in 2010. In April of this year the Department appointed 9 additional Appeals Officers who augmented the 3 appointments made to the Office in 2010 and brought the total number of appeals officers serving in the Office to 29. In addition, since July 2010, 8 retired appeals officers, equating to a further 3 full-time officers, have been assisting on a strictly part-time basis with the backlogs of appeals and it is intended that they will be employed until the end of the year.

I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals. In that regard some 3,000 cases, registered prior to 31/12/10, have been ring-fenced and a team of 10 of the Office’s most experienced appeals officers have been freed from all other work in the Office and will concentrate on clearing this backlog. This project commenced on July 1st. Also, some 70% of appeals cases are now decided by way of summary decision which because of the logistics involved in organizing oral hearings, greatly reduces the overall processing times.

As a result of the various initiatives taken, 18,236 decisions were made by appeals officers in the first nine months of 2011, in comparison to 12,692 for the same period in 2010 and the backlog of cases awaiting determination has reduced from 20,274 at the beginning of the year to 17,651 at 30th September 2011.

Table: Year on Year increase in appeals 2008 - September 2011

Year	Appeals
2008	3,733
2009	8,130
2010	6,469
2011*	—2,172

*Figures as at 30 September 2011 as compared to the position at September 2010

Question No. 12 answered with Question No. 6.

13. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which adequate staff remain available to her or can be acquired to address the ever growing issue of backlog due to the effects of the downturn in the economy, with particular reference to the need to address such areas as carer’s allowance applications and appeals, disability and invalidity pensions and/or emergency payments; and if she will make a statement on the matter. [29128/11]

101. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which redeployment of staff from other Departments is required to augment staffing levels in her Department having particular regard to the increased workload arising from the economic situation; if an assessment has been done to determine the full extent of any outstanding requirements in this regard; and if she will make a statement on the matter. [29295/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 13 and 101 together.

I would like to assure the Deputy that the staffing needs of my Department are regularly reviewed, having regard to workloads and the competing demands arising, to ensure that the best use is made of all available resources. The Department will continue to source available staff to fill critical vacancies by way of redeployment, or transfer from within the Department and other Government Departments, taking account of the employment control framework (ECF) target, as determined by the Department of Public Expenditure and Reform.

As previously indicated to the House, since May 2008, some 900 staff have been assigned across the Department to fill critical vacancies and additional posts allocated to deal with the increased volume of claims. Processing times vary across schemes because of the volume of applications and the differing qualification criteria. For example, means assessments are required for all social assistance schemes, medical examinations are required for some of the illness related schemes and customers must also satisfy the habitual residence conditions. In the case of insurance based schemes, it may be necessary to ascertain details of foreign insurance records.

With regard to the particular schemes referenced by the Deputy, I would advise that the Department is involved in a major service delivery modernisation project to improve the efficiency with which it processes applications for its carer’s allowance, invalidity and disability pensions, amongst other schemes. The project involves the development of new IT functionality and associated business process re-organisation.

The invalidity pension scheme is fully operational on the new system since May 2011 with most claims now being desk assessed by medical assessors to determine medical suitability. All new carer’s allowance claims are being processed on the new IT system since August 2011. The next phase of the project involves the migration of the existing claims, and this is currently planned for the second quarter of 2012.

In relation to the disability allowance scheme there has been a significant increase in the number of claims being desk assessed thus reducing the number of cases being referred for investigation by social welfare inspectors. In addition, since August 2009 all claims for disability allowance are being desk assessed by the medical assessors thus obviating the need to call claimants for in-person medical examinations. Since November 2010, all medical reports for new disability allowance claims are being scanned which facilitates easier access by more medical assessors. A project was commenced in July 2011 to provide for the processing of disability [713]allowance claims on the new IT system. It is expected that the first batch of new claims will be dealt with in the first quarter of 2012.

The modernisation project is being given high priority and requires a significant level of time and commitment from staff in the scheme areas involved in the project. This necessary diversion of resources has resulted in a negative impact on claim processing times which is expected to continue in the short-term until the projects are fully implemented and the backlogs can be cleared. As an interim measure overtime and additional temporary staff have been deployed to assist with clearing the backlogs. Also, resources from within the Carer’s Allowance section have been deployed to deal with the backlog of appeals cases on hands for submission to the Social Welfare Appeals Office.

While every effort is made to decide on entitlement in a timely manner, there are cases where delays will necessarily be experienced. In situations where customers find themselves suffering financial hardship while awaiting the outcome of a claim, the facility to receive supplementary welfare allowance (SWA) is provided for. More than 95% of basic SWA applications are decided and paid within a week. I am very pleased to inform the House that the Community Welfare Service (CWS) transferred from the HSE to my Department on 1st October 2011. The integration of the service will bring about further enhanced, more streamlined service delivery to our customers.

14. Deputy Willie O’Dea asked the Minister for Social Protection the numbers of appeals outstanding for jobseeker’s allowance and family income support schemes; and if she will make a statement on the matter. [29159/11]

Minister for Social Protection (Deputy Joan Burton): I am informed by the Social Welfare Appeals Office that there are currently 4,077 jobseekers assistance appeals and 88 family income supplement appeals outstanding. These figures must be seen against a background where there has been a very significant increase in the number of appeals received in the Social Welfare Appeals Office since 2007, when the intake was 14,070, to 32,432 in 2010.

In April of this year the Department appointed 9 additional Appeals Officers who, together with the 3 appointments made to the Office in 2010, brought the total number of appeals officers serving in the Office to 29. In addition, since July 2010, 8 retired appeals officers, equating to a further 3 full-time officers, have been assisting on a strictly part-time basis with the backlogs of appeals and it is intended that they will be employed until the end of the year.

I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals. In that regard some 3,000 cases, registered prior to 31/12/10, have been ring-fenced and a team of 10 of the Office’s most experienced appeals officers have been freed from all other work in the Office and will concentrate on clearing this backlog. This project commenced on July 1st. Also, some 70% of appeals cases are now decided by way of summary decision which, because of the logistics involved in organizing oral hearings, greatly reduces the overall processing times.

15. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection her views that the refusal to count credited contributions accrued while on maternity leave when calculating a person’s eligibility for carer’s benefit serves disadvantage and discriminates against women. [29055/11]

Minister for Social Protection (Deputy Joan Burton): Carer’s benefit is a payment for people who have made social insurance contributions and are planning to leave or have recently left the workforce to care for somebody who needs full-time care and attention. It is paid for two years for each person cared for and can be claimed in a single continuous period or in separate periods adding up to a total of two years. The scheme operates in conjunction with the Carer’s Leave Act, 2001 which ensures the protection of the person’s employment rights during an absence on Carer’s Leave.

The scheme is particularly targeted at those people who have to leave paid employment to care. In addition to the conditions regarding full-time care, there are two main qualifying conditions in relation to employment and PRSI contributions which must be satisfied in order to qualify for the scheme. These qualifying conditions are in place to ensure that recipients of the scheme have a reasonable recent attachment to the workforce.

The first condition is that the person must have been employed for at least 16 hours per week for 8 weeks in the 26 week period immediately before claiming carer’s benefit. Persons who have been on maternity, annual, adoptive, parental or term-time leave immediately prior to becoming a carer are eligible for carer’s benefit. The leave period is disregarded so that the 26 week period to be assessed (to find 8 weeks of remunerative full-time insurable employment, whether consecutive or not) is the period prior to that leave.

Secondly the person must satisfy the PRSI contribution conditions. For carer’s benefit only paid contributions are counted when determining eligibility for the scheme. The carer must have 156 PRSI contributions paid since entry into insurable employment and either 39 contributions in the relevant tax year or 39 contributions paid in the 12 months immediately before the commencement of the carer’s benefit claim or 26 contributions paid in the ‘relevant tax year’ and 26 contributions paid in the tax year prior to that. The ‘relevant tax year’ is the second last complete tax year before the year in which the benefit is claimed; for claims made in 2011, the relevant tax year is 2009.

While it is the case that credited contributions accrued on maternity leave do not count towards the PRSI contribution condition for carer’s benefit, the period of this leave is disregarded for the purposes of the employment condition. A person will be awarded credits while in receipt of carer’s benefit in order to protect their social insurance record and these credits may help them to qualify for future social welfare payments.

A person who is not entitled to carer’s benefit can apply for carer’s allowance which is a means-tested payment for people looking after certain people in need of full-time care and attention. A person caring on a full-time basis can also apply for a respite care grant which is an annual payment of €1,700 made regardless of the carer’s means.

Question No. 16 answered with Question No. 9.

17. Deputy Richard Boyd Barrett asked the Minister for Social Protection in view of the recent Central Statistics Office reports on the increase in poverty and child poverty here, the measures she intends to take; and if she will make a statement on the matter. [24752/11]

[715]Minister for Social Protection (Deputy Joan Burton): The elimination of poverty is a key objective of Government and the National Action Plan for Social Inclusion 2007-2016 (NAPSincl) includes a target to reduce the number of people experiencing consistent poverty to between 2 and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. Consistent poverty is the Government’s official measure of poverty. People are in consistent poverty if their household income is below 60% of median income (at-risk-of poverty) and they are living in a household experiencing two or more items of basic deprivation, out of an 11 item list.

The NAPSincl target is reiterated in the National Reform Programme 2010, which sets out Ireland’s commitments to achieving the poverty target in the Europe 2020 Strategy. The Department has overall responsibility in relation to monitoring and reporting on the implementation of the NAPSincl. This involves monitoring poverty trends based on the annual CSO Survey of Income and Living Standards (SILC), a periodic progress report on the detailed actions in the plan and the report on stakeholders’ views articulated at the annual Social Inclusion Forum.

The most recently published SILC data in this area relates to 2009 and it is expected that 2010 SILC data will be available later this year. The 2009 data shows that the challenge to meet the national poverty target in the present economic situation is considerable, as indicated by the rise in the consistent poverty rate from 4.2 per cent in 2008 to 5.5 per cent in 2009. Analysis of the SILC 2009 data suggests that the increase in consistent poverty appears to be driven by an increase in the deprivation element of the measure while the relative income element appears to be largely unchanged.

Arising out of the deliberations in drawing up the National Reform Programme, the Government decided to undertake a comprehensive review of the national poverty target, as proposed in the Memorandum for Government on Ireland’s National Reform Programme under the Europe 2020 Strategy. The purpose of the review is to enable the Government to adopt appropriate and achievable national poverty targets to meet Ireland’s contribution to Europe 2020 and the commitments in the Programme for Government. The review is to be completed by November 2011.

Notwithstanding this review, the overriding objective for the Government is to increase employment and build real and sustainable economic growth and to protect those who are most vulnerable in our society. The Government Programme sets out the framework to achieve these aims. Employment opportunities will be increased through labour market activation, skills training and education measures. The Government is committed to ensuring that the social protection system remains an important stabiliser for people against the impact of the economic and fiscal downturn.

Tackling child poverty is a priority for the Government and a key goal of NAPSincl. Four-fifths of those in consistent poverty are found in households with children and 8.7 per cent of children (96,000 in absolute numbers) were in consistent poverty in 2009. Factors contributing to childhood poverty include living in lone parent households, labour market inactivity, low educational attainment and living in households dependent on income support.

Government targets in the area of financial support for low-income families continue to be met. One of the high level goals relating to children in NAPsincl is to maintain the combined value of child income support measures at 33-35 per cent of the minimum adult social welfare payment rate over the course of the plan. The value of the combined child income supports measures (child benefit plus qualified child increases) in both Budget 2010 and Budget 2011 was equivalent to 33 per cent of the main working age payment rates.

18. Deputy Peadar Tóibín asked the Minister for Social Protection if she will revise and publish the guidelines governing the decision making of community welfare officers when it comes to discretionary payments. [29057/11]

Minister for Social Protection (Deputy Joan Burton): Under the supplementary welfare allowance (SWA) scheme an exceptional needs payment (ENP) can be made to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Those who qualify are normally in receipt of a social welfare or HSE payment. Examples of the main types of needs that are met under this provision are:

assistance towards the purchase of household appliances, bedding, clothing & child related items such as cots and prams,

household repair and maintenance,

rent deposits,

funeral & burial expenses,

travel costs,

financial hardship such as lost/stolen money.

The principal consideration in making a single payment of SWA to address a particular need is that the need to be met must be ‘exceptional’. Payments should arise only under abnormal conditions and should not become a regular or standard practice. The use of ENPs and every such decision must be based on the careful consideration of all the circumstances of an individual case.

In addition to the payment of ENPs, SWA legislation also provides for assistance in the form of an Urgent Needs Payment (UNP). In certain circumstances, this payment can be made to persons who would not normally be entitled to SWA. Examples of situations where such assistance may be provided would be in the aftermath of flooding or a domestic fire where the immediate needs, such as food, clothing, fuel, household goods and perhaps shelter, of the people affected may be met by a UNP in cash or in kind.

A working group in the Department is currently undertaking a complete review of the exceptional needs and urgent needs payments which should be completed shortly. Arising from this review the Department expects to produce and publish guidelines for staff dealing with such payments.

19. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her views on the fact that participation in JobBridge can result in the loss of fuel allowance with the effect that a household can be worse off by virtue of its participation; and if she will amend the rules of the scheme to prevent this. [29026/11]

Minister for Social Protection (Deputy Joan Burton): An intern participating in JobBridge will continue to receive the social welfare entitlements, including secondary entitlements such as fuel allowance, that they are entitled to immediately prior to commencing the scheme. However, during their JobBridge internship, interns will not receive additional benefits, such as fuel allowance, if they were previously not entitled to this benefit before they began their [717]internship. This means that by participating in JobBridge, an individual will not lose an existing entitlement, such as fuel allowance, provided they were already entitled to it before commencing their internship.

20. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her views on the fact that JobBridge is not open to one parent family payment recipients; and if she will amend the rules of the scheme to accommodate those who wish to participate in view of the higher level of long-term welfare dependency among this category. [29027/11]

Minister for Social Protection (Deputy Joan Burton): In order to be eligible to participate in JobBridge the National Internship Scheme, an individual must:

currently be in receipt of a live claim (Jobseeker’s Allowance/Jobseekers Benefit/Signing for Social Insurance Contribution Credits) on the Live Register;

have been in receipt of Jobseeker’s Benefit, Jobseekers Allowance or signing for Social Insurance Contribution Credits for a total of 78 days or more in the last 6 months.

Given the scale of the unemployment crisis, one of the key objectives of labour market policy is to keep those on the Live Register close to the labour market and prevent their drift into long-term unemployment. For these reasons, the eligibility for the JobBridge scheme is confined to those on the Live Register.

The policy objective for this scheme is to concentrate on those on the Live Register so as to increase their chances of leaving it and ensure a reduction in exchequer costs over time. Individuals in receipt of One Parent Family Payment may access a wide range of activation supports including the FÁS Work Placement Programme, which is designed to provide participants with valuable work experience, thereby improving their prospects of securing employment.

21. Deputy Gerry Adams asked the Minister for Social Protection if her attention has been drawn to the fact that a number of part-time firefighters have been refused jobseeker’s payments on the stated grounds that the conditions applying to their work as a part-time firefighter impose unreasonable restrictions on the locations at which they can accept work; if, in the interests of public safety, she will amend the rules of the scheme or produce new guidelines on the interpretation of the available for work criterion, to ensure that part-time firefighters are not excluded from such benefits due to the fact that their vital role in the fire service requires them to be in certain geographic locations. [29052/11]

Minister for Social Protection (Deputy Joan Burton): Social welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to jobseeker’s benefit or jobseeker’s allowance. Any person who fails to satisfy these conditions is not entitled to a jobseeker’s payment. Part-time fire-fighters are entitled to a jobseeker’s payment in respect of days that they are engaged in fire-fighting or training. They are, however, required to satisfy the statutory conditions for the receipt of a jobseeker’s payment of being available for and genuinely seeking work. In this respect, Deciding Officers do not treat them differently to any other jobseeker’s benefit or allowance claimant.

In applying the legislation, Deciding Officers have regard to the availability of job vacancies in the locality, as well as the age, educational qualifications and family circumstances of the particular claimant. Regard is also had to the extent to which a claimant has sought to take advantage of existing labour market opportunities in their locality.

[718]The legislation does not impose any restriction or limitation on the right of a person to the opportunity to engage in the employment of his or her choice. Where a person is seeking work in his or her usual employment and there is a reasonable prospect of securing work of that nature, he or she would normally satisfy the conditions for receipt of payment.

After a period of unemployment, a person must be prepared to accept any employment for which he or she is qualified. It is a principle of the availability for work condition that a person’s unemployment must be involuntary and it is not possible for an unemployed person to hold herself or himself available exclusively for employment that is within a restricted distance from a fire station where he or she is employed as a part-time fireperson. Such action would be taken as placing an unreasonable restriction on his or her availability to secure full-time employment.

While the importance of retained fire brigade personnel is fully recognised, the introduction of special arrangements exempting them from the requirement to fulfil the statutory conditions for entitlement to jobseeker’s benefit or allowance would raise equity issues vis-a-vis other claimants to jobseeker’s payments. However, taking account of the unusual circumstances of these workers and general efforts to develop and standardise our jobseeker schemes, a group has been established in the Department to examine the position of part-time fire-fighters. This group will report to me over the coming period.

22. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if her attention has been drawn to the recent media focus on the JobBridge scheme exposing displacement of real jobs; and the further steps she is now taking to prevent such displacement and exploitation occurring. [29028/11]

Minister for Social Protection (Deputy Joan Burton): The JobBridge scheme contains a number of measures to minimise displacement including the following:

all Host Organisations must declare in their application that they are not displacing an employee and that they have no vacancy in the specific area;

the JobBridge team check all applications against recent vacancies advertised on the FAS Jobs Ireland website; and

if the JobBridge team suspects that displacement may be an issue, they can liaise with regional FÁS management to find out more information on the company.

In order for all applications from host organisations to be approved they must also meet a number of criteria so as to ensure that the potential internships are of sufficient quality. These include the following:

that the internship does not allow the intern to work unsupervised; and

that the intern accrues significant experience throughout the entire internship.

In order for an internship to commence a Standard Internship Agreement must be signed by both the intern and the host organisation. This Agreement clearly stipulates the terms of the internship and states the specific learning outcomes the intern will receive over the course of their internship. To ensure compliance with the scheme, my Department and the JobBridge team are monitoring internships to ensure that both host organisations and interns are abiding by the spirit and the rules of the scheme.

[719]This involves the monitoring of monthly compliance reports which the host organisation uses to verify that the internship is proceeding as set out in the Standard Internship Agreement. In addition, contact with the host organisations and interns including random site visits will begin shortly as part of this process.

The scheme also has a ‘whistle blowing’ feature, where any individual who suspects that an internship may be in breach of the scheme’s criteria, including in cases of suspected displacement or poor quality, may contact the National Call Centre. All such claims will be investigated. Where it is proven that displacement has occurred in a Host Organisation their internship opportunities will be removed and they will not be allowed to participate in JobBridge.

23. Deputy Bernard J. Durkan asked the Minister for Social Protection if she is satisfied and in a position to make adequate budgetary provisions to meet the ongoing effects of the economic downturn with particular reference to the need to assist back to work and back to education schemes over the next 12 months thereby making positive provision for the future notwithstanding the exigences within which she has to work; and if she will make a statement on the matter. [29129/11]

Minister for Social Protection (Deputy Joan Burton): The 2012 provision for all schemes and services operated by my Department, including the back to work and back to education schemes, will be considered in the context of the forthcoming Budget. The Budget will be framed in a manner that has regard to the necessity to ensure public finances are sustainable. This is a prerequisite to maintaining an adequate system of social protection as well as achieving future economic stability and growth.

Accordingly, there will be an on-going requirement to curtail expenditure and prioritise resources in my Department and in all other Departments, in 2012 and in later years. However, I am very conscious of the needs of people who currently rely on Social Welfare, including those avail, or may in the future avail, of the back to work and back to education schemes. In the context of a very tough budgetary environment, I will do my utmost to protect the most vulnerable people in Irish society.

24. Deputy Mary Lou McDonald asked the Minister for Social Protection if she will publish an analysis of the distributive and poverty impacts on families of budget 2012 tax or welfare package prior to the finalisation of the budget and the Dáil Votes. [29048/11]

32. Deputy Sandra McLellan asked the Minister for Social Protection her views that her Department’s analysis of the distributive and poverty impacts on families of the budget 2012 tax or welfare package should supplement the relative at risk of poverty measure with a mechanism to gauge the impact on minimum essential incomes, that is, the capacity of households to secure a standard of living which meets their physical, psychological and social needs, UN definition of adequate lifestyle; and if, to this end, she will incorporate and build on the Vincentian Partnership for Social Justice’s work on minimum essential budgets. [29049/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 24 and 32 together.

I am aware of the research of the Vincentian Partnership for Social Justice on minimum essential budgets for selected household types. I met representatives of the partnership when they made a submission on its work at my Department’s pre-budget forum on 16th September. [720] In addition, my Department and the partnership jointly participated in an EU peer review on the use of minimum essential budgets for drawing up the requirements of a minimum income scheme and assessing adequacy in 2010, a report on which is available on the EU peer review website.

I understand that the partnership will in due course update its analysis of minimum essential budgets to take account of budgetary changes and adjustments in the cost of living. I look forward to receiving this updated analysis.

My department undertook an analysis of the distributive and poverty impacts on families of the Budget 2011 tax and welfare package, in conjunction with the Department of Finance. I arranged for this to be published on the department’s website in March 2011. It is my intention that a similar analysis of Budget 2012 will be published early next year.

As part of the deliberative process for Budget 2012, my department will analyse, in so far as possible, the distributive and poverty impact of possible welfare changes prior to the finalisation of the Budget. Due to the requirements of the budgetary process, it will not be possible to publish this material prior to the finalisation of the Budget and the associated Dáil votes.

25. Deputy Pearse Doherty asked the Minister for Social Protection her plans to provide an exemption to the qualifying criteria for rent allowance in respect of victims of domestic violence and their children. [29053/11]

30. Deputy Catherine Murphy asked the Minister for Social Protection the way and when she will transfer responsibility for paying rent support to local authorities; if staff will be transferred from her Department to the local authorities to administer this scheme; the time frame in which she foresees the transfer of function to be effected within; if she intends to change the terms of the scheme to become more work friendly by allowing workers on low incomes to avail of the scheme in some way; and if she will make a statement on the matter. [28950/11]

31. Deputy Mary Lou McDonald asked the Minister for Social Protection if she explored the possibility of using the National Asset Management Agency properties to reduce spending on the rent supplement; and if she has entered any discussions regarding same. [29047/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 25, 30 and 31 together.

There are several commitments contained in the Programme for Government in relation to the rent supplement scheme including removing barriers to employment. The most appropriate way for this to happen is for local authorities to take over responsibility for meeting the accommodation needs of people claiming rent supplement. In this regard the Minister for the Environment, Community and Local Government and the Minister for Housing & Planning on the 16th June 2011 announced a new housing policy framework statement reflecting the content of the Programme for Government (Government for National Recovery 2011-2016) and setting out the principles to underpin the development of housing policy into the medium term. This policy framework statement contained an announcement in relation to the transfer of responsibility for providing for the housing needs of long term rent supplement recipients to housing authorities on a phased basis.

This transfer of tenants from rent supplement to the local authorities will help achieve a key Government commitment of removing barriers to employment and return rent supplement to its original intention of a short-term income support payment. A steering group has been [721]established by Minister Penrose to oversee the development of the project and a number of working groups have been established to address the wide range of complex issues arising. Subject to the successful conclusion of the work of the steering group, it is the intention to bring proposals to Government later in 2011. A date to begin implementing the new arrangements can then be formally agreed. There are no plans to transfer staff from the Department to the local authorities.

No discussions have taken place between the Department and the National Assets Management Agency on using their properties to reduce expenditure on rent supplement. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs and the Department does not source/rent properties on behalf of tenants. If the Department were to rent properties directly from the National Assets Management Agency or any other major landlord then it would significantly change the administration and operation of the rent supplement scheme. A change such as this would incur additional obligations and responsibilities on the Department and would lead to rent supplement becoming a housing solution rather than an income support payment as it is currently intended.

However, I understand that discussions have taken place with NAMA and the Department of Environment, Community and Local Government in relation to utilising NAMA properties to provide such housing solutions. I can confirm that where a claimant’s safety and well-being are at risk, staff in the Department have been provided with special discretionary powers to make a payment to meet the person’s accommodation need.

26. Deputy Peadar Tóibín asked the Minister for Social Protection if she will amend the rules of the back to education allowance scheme to allow persons to undertake a course at a qualification level below one already held when the qualification they hold is in a field with no jobs and within which jobs are not likely to emerge in any significant numbers in the foreseeable future. [29056/11]

Minister for Social Protection (Deputy Joan Burton): The focus of the Back to Education Allowance (BTEA) is to assist those who are most marginalised and distant from the labour market to acquire the necessary education to improve their chances of becoming independent of the social welfare system. The BTEA scheme can offer participation in second and third level education by enabling eligible people in receipt of certain social welfare payments to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.

A person wishing to pursue BTEA will have to satisfy a number of conditions such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications among others.

Progression has always been a fundamental condition of BTEA. State support for education purposes is grounded on a student progressing from one qualification level to a higher one. This is necessary to ensure displacement does not occur, in that courses could be offered to students who are not progressing at the cost of students progressing from a lower education level. It should be noted that, in the 2010/2011 academic year, of the 25,032 participants supported through BTEA, 43% pursued second level courses. Furthermore, the scheme was never intended to be an alternative form of funding for people entering or re-entering the third level education system.

[722]However, if a person wishes to pursue a part time education course they may be able to do so while still obtaining their jobseeker’s payment. They must apply at their local social welfare office and verify that participation on the course does not reduce their availability for work. In the case of jobseekers benefit, participation on a course does not grant any extension to the normal period for which jobseekers benefit is paid.

On May 10th, as part of the Government’s Jobs Initiative, 20,900 new and additional places were announced in training, education and work experience programmes. As part of this initiative, a new fund, entitled Springboard, which is being managed by the Higher Education Authority (HEA) on behalf of the Department of Education and Skills, provides education and training opportunities to support unemployed people. The primary objective of Springboard is to help unemployed people to remain as close as possible to the labour market by accessing part-time flexible higher education and training opportunities to upskill or reskill in areas where sustainable employment opportunities may arise as the economy recovers.

The target group for this programme of over 200 courses includes unemployed people with a previous history of employment who already hold a higher level qualification at NFQ Levels 6 to 9, who may also require additional upskilling or reskilling in order to re-enter employment. By way of the part-time education option, unemployed people on jobseekers’ payments will be facilitated in retaining their payment, subject to continuing entitlement, within the broader back to education framework.

FÁS, as the National Training Authority, anticipates the needs of, and responds to, a constantly changing labour market. It strives to do this through the provision of tailored training programmes that suit various needs. Access to many training programmes is not determined by a person’s welfare status. Through a regional network of 66 offices and 20 training centres, FÁS operates these training programmes including some in co-operation with community, voluntary and statutory organisations. Further information is available locally at these FÁS offices. The BTEA, in conjunction with other employment support schemes, will be monitored on an ongoing basis to ensure that it continues to meet its objectives.

Question No. 27 answered with Question No. 6.

28. Deputy Denis Naughten asked the Minister for Social Protection her plans to amend the Civil Registration Act 2004; and if she will make a statement on the matter. [28931/11]

Minister for Social Protection (Deputy Joan Burton): The administration of the Civil Registration Service is statutorily a matter for the Registrar General. I have made inquiries with the Registrar General and he has informed me that the general review of the provisions of the Civil Registration Act 2004 is expected to be completed by the end of this year. The intention is to bring forward legislative proposals in 2012 based on this review.

There are a range of issues to be considered in relation to the scope and implementation of any proposed changes to the provisions of the Act and some of these issues have cross-departmental implications, which need to be considered also. One of the main priorities of the review is to examine possible legislative solutions to the issue of marriages of convenience and consultations with other departments in relation to this and other issues are ongoing.

29. Deputy Gerry Adams asked the Minister for Social Protection if her attention has been [723]drawn to the proposals from Social Justice Ireland for the creation of 100,000 part-time jobs in the public, community and voluntary sector in which the long-term unemployed could volunteer to participate in exchange for which they would be paid the going rate for the job and work the number of hours required to earn the equivalent of their social welfare payment up to a maximum of 19.5 hours plus a small top-up, €20; that participants would be remunerated principally through the re-allocation of social welfare payments and they would be allowed to take up other work in their spare time without incurring loss of benefits; and that income would be liable to tax in the ordinary way should their income level bring them into the tax net; and if she will introduce such a scheme. [29046/11]

Minister for Social Protection (Deputy Joan Burton): I am aware of the proposals made by Social Justice Ireland and the key features that would underpin the operation of such an initiative. I have some concerns about this proposal relating to the displacement effects and other distortions that might be caused to an already difficult labour market, including the longer term sustainability of the sector and volunteering. In addition, based on experience with the operation of a number of community and work placements initiatives, my Department is not convinced that the capacity exists to provide meaningful and rewarding employment opportunities within the sectors referred to in the proposal.

The Department currently operates a number of initiatives that use a similar model to that proposed. These include community employment, the rural social scheme, job initiative, Tús and the community services programme. Together, these initiatives will support over 35,000 people in work placements under various initiatives by the end of 2011. These are in addition to the JobBridge initiative which launched during the summer as part of the Government’s Jobs Initiative and which aims to supports 5,000 people in internships.

Questions Nos. 30 and 31 answered with Question No. 25.

Question No. 32 answered with Question No. 24.

33. Deputy Michael McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29268/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): There are no State agencies, and consequently no State boards, under the aegis of my Department.

34. Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has met with or sought further clarification from the Royal College of Surgeons of Ireland, a body licensed and supported by the Government and taxpayers, regarding the continued brutal and unjust treatment of medical staff in Bahrain and the recent sentencing of some 20 of them; and if he will make a statement on the matter. [29378/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): My Government remains highly concerned about the situation in Bahrain, and the recent sentencing of 20 medical professionals, a number of whom were either trained by or have worked with the [724]Royal College of Surgeons in Ireland (RCSI), to sentences ranging from five to fifteen years. Ireland raised the situation in Bahrain at the EU Foreign Affairs Council on 10 October where we made clear our concerns and urged continued attention on the part of the EU to persuade the Bahrain authorities to rescind these harsh sentences and engage in meaningful national dialogue and reform. We also expressed appreciation for HR Ashton’s efforts and for her strong statement of 30 September criticising the sentencing which she had made in response to requests from a number of Member States, including Ireland. Ireland’s concerns were shared by HR Ashton and a number of other partners and there was broad agreement that the EU should remain actively engaged on this issue and the general human rights situation in Bahrain.

At the bilateral level, I have already requested our Ambassador in Saudi Arabia, accredited to Bahrain, to convey our concerns directly to the Bahraini authorities. UN Secretary General Ban Ki-moon and the US Administration have also issued critical statements on the sentencing which I believe have been influential and timely.

There is some evidence that the concerted international pressure is having an impact, not least in the decision on 5 October to order retrials in civilian courts of the 20 medical professionals, a step in the right direction which I obviously welcome. I also believe that the situation in Bahrain can be positively impacted by the work of the Independent International Commission into last Spring’s events whose final report should issue in the coming weeks. I hope that this report, once issued, can act as a positive catalyst for change in Bahrain.

I have met representatives of the RCSI and officials at the Department of Foreign Affairs and Trade also maintain regular contact regarding the situation in Bahrain, about which the RCSI is very concerned. It is my understanding that the RCSI has at all times sought to use its influence in a positive way, by encouraging the Bahraini authorities to embark upon a process of reconciliation and pointing out the damage that current actions are having on Bahrain’s international reputation.

I have already placed on record my views on the RCSI on a number of occasions and would again emphasise that it is necessary to distinguish between the involvement of the Royal College of Surgeons in the training of Bahraini medical personnel, which is entirely positive, and the detention of medical personnel by the Bahraini authorities, about which the Government is very concerned. I would further add that I regard the activities of the RCSI in assisting with the training of foreign medical personnel overseas as a highly worthwhile activity through which the College makes a significant contribution to the quality of life of millions of people around the world. The RCSI, as an educational provider, also has a responsibility to all of its students and ensuring they are able to complete their medical training. I can assure the Deputy that the Government will remain vigilant and continue to exert pressure bilaterally and through the EU regarding Bahrain.

35. Deputy Bernard J. Durkan asked the Minister for Finance if he will review the grounds on which a person (details supplied) in County Kildare was refused a primary medical certificate; his views on this person’s need for a specially adapted motor vehicle and entitlement to excise relief; and if he will make a statement on the matter. [29304/11]

Minister for Finance (Deputy Michael Noonan): The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Disabled Drivers Medical Board of Appeal, National [725]Rehabilitation Hospital, Rochestown Avenue, Dún Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

36. Deputy Ann Phelan asked the Minister for Finance if, in view of the substantial revenue loss to the State from the illegal laundering and resale of diesel and kerosine fuels and the huge costs attached to policing the criminal industry around this issue, he will consider using other methods of subsidising agricultural and other legitimate users of those fuels. [29368/11]

Minister for Finance (Deputy Michael Noonan): Marked gas oil, commonly known as green diesel, is subject to Mineral Oil Tax at the rate of €88.66 per 1,000 litres, while the rate for auto-diesel is €465.70 per 1,000 litres. In addition, marked gas oil is subject to a lower VAT rate of 13.5 per cent. The resulting total tax differential is around 50 cent a litre. Marked kerosene is subject to a rate of Mineral Oil Tax, €38.02 per 1,000 litres, which is also considerably lower than that for auto-diesel. This difference in rates offers a considerable incentive for oil laundering. The Revenue Commissioners, who are responsible for collection of Mineral Oil Tax and the control of mineral oils, are very aware of the threat posed by laundered fuel, and undertake a multi-faceted programme of enforcement action to counter it (see details below).

It is assumed that the Deputy’s question envisages a movement away from the current system of marking of oil to which a reduced rate of tax applies, to one in which certain users would be given refunds of part of the Mineral Oil Tax paid on oil consumed by them. This would, however, involve the establishment of an extensive repayments system, which would give rise to a considerable administrative burden and costs for oil traders, users and Revenue. It is important to note that marked gas oil has a number of uses such as agricultural diesel, home heating oil among others. Moreover, repayment systems are vulnerable to abuse and likely to be exploited by criminal elements, such as those currently involved in oil laundering. In addition, as oil can also be laundered from UK marked gas oil, a move away from marking would not eliminate the problem of oil laundering unless the UK were to do likewise. For these reasons, the intention is to ensure that controls relating to the sale and distribution of oils, and enforcement action in combating illegal oil laundering activity are as effective as possible.

Mineral Oil Enforcement

Revenue employs a broad range of compliance and enforcement strategies to detect and counteract illegal practices involving mineral oils. These include ongoing analysis of the nature and extent of the problem; development and sharing of intelligence with agencies on both sides of the border; the conduct of intelligence driven operations using covert surveillance to identify oil laundry locations; seizure of illicit product, laundering equipment and vehicles; physical sampling at road checkpoints; and prosecution of those involved in illegal activities in relation to mineral oils.

In 2010, Revenue enforcement staff detected four oil-laundering plants in this jurisdiction and seized 228,000 litres of laundered oil. In addition, nine retailers were found dealing in laundered oil and eight haulage companies were detected using it in their vehicles. There were four Court convictions last year for laundered oil offences. So far this year, nine oil laundries and 327,000 litres of laundered fuel have been seized, together with nine oil tankers and twenty-nine other vehicles. Thirteen persons were arrested in the course of these operations and files have been sent to the Director of Public Prosecutions, who has to date issued directions to prosecute on indictment in respect of two of the cases. Revenue will maintain its programme of stringent action against this illegal trade, and will continue to work closely with Her Majesty’s Revenue and Customs in Northern Ireland to address the problem on an all-island basis.

[726]Legal changes have been introduced over recent years to support Revenue’s work in this area, including a power to raise assessments on companies and individuals in respect of evaded excise duty. As well as this, the Finance Act 2010 provided for a substantial increase in the fine that may be imposed where a person is convicted on indictment of an offence relating to mineral oils: the previous fine of €12,695 was replaced by a fine not exceeding €126,970. Other possible changes to the law, in particular from the point of view of control of the supply of oil, will be considering in the forthcoming Finance Bill process and in addition, the potential development of an enhanced fuel marker is being considered.

37. Deputy Mary Lou McDonald asked the Minister for Finance if the National Treasury Management Agency is the appropriate body to manage the State’s shareholdings in semi-State companies in view of the secrecy that surrounds the working of the company and the current practice that NTMA staff do not have to adhere to the same pay scales, terms and conditions as the civil and public service. [28644/11]

Minister for Finance (Deputy Michael Noonan): The Government decided to establish NewERA on a non-statutory basis as a Shareholder Executive within the NTMA. The NTMA has the necessary specialist skills to manage NewERA and its business model provides it with the flexibility to compete in the market to recruit additional specialist staff as required. The policy objective behind NewERA is to modernise the manner in which Government manages its shareholding in the semi-state companies and it will oversee the corporate governance from a shareholder perspective of the ESB, Bord Gáis, EirGrid, Bord na Mona and Coillte.

In this capacity, NewERA will have responsibility for reviewing the capital investment plans of these commercial semi-state companies and will identify possible synergies between the investment programmes of the different companies. Where requested by Government, it will also advise on, and if appropriate oversee, any restructuring or disposal of State companies. It will also work with Departments to develop and implement proposals for investment in line with NewERA Programme for Government commitments in energy, water and next-generation telecommunications.

Regarding publication of details of remuneration, the NTMA complies with the Code of Practice for the Governance of State Bodies and publishes details of the remuneration of the Chief Executives of the NTMA, the NDFA and NAMA in the relevant annual reports. In addition, I have supplied information on salary bands and performance-related payments in the NTMA in response to Parliamentary Questions.

Furthermore, I have stated that the approach to remuneration in the NTMA will be examined in more detail in the coming months following consultation with my colleague, the Minister for Public Expenditure and Reform. As part of this process, the views of the NTMA and the NTMA Advisory Committee will be taken into account. Following detailed examination of this matter, I will then see what changes, if any, might be appropriate in relation to the remuneration of all staff in the NTMA, having regard to the changing economic circumstances of the State and the need for transparency in public expenditure.

38. Deputy Pearse Doherty asked the Minister for Finance his views on increasing the excise on fuel in the upcoming budget; if he will carry out an impact assessment on Border filling [727]stations before such a decision is made including the loss of PAYE-PRSI, corporation tax and VAT; and if he will make a statement on the matter. [29173/11]

Minister for Finance (Deputy Michael Noonan): This question relates to potential Budgetary measures. It is the usual practice for the Minister for Finance not to speculate or comment in advance of the Budget what it will contain and I do not propose to deviate from that practice. The Deputy may wish to note that in relation to potential Budgetary measures such as this that cross-border issues are taken into consideration.

39. Deputy Peter Mathews asked the Minister for Finance if he will confirm that section 61 of the Credit Institutions (Stabilisation) Act 2010 provides him with the ability to move any asset or liability of the banks to a new company and that this ability will remain with himself until 1 January 2013 when the Central Bank and Credit Institutes (Resolution) Bill 2011 is passed and then this ability will be transferred to the Governor of the Central Bank from 1 January 2013; and if he will make a statement on the matter. [29180/11]

Minister for Finance (Deputy Michael Noonan): Part 5 of the Credit Institution (Stabilisation) Act 2010 (“CIS Act”) provides the Minister with the power to transfer assets and/or liabilities of a “relevant institution”— i.e. an institution within the scope of the CIS Act — to another institution, subject to the approval of the Court. Part 5 of the Central Bank and Credit Institutions (Resolution) (No. 2) Bill (“the Bill”) provides the Central Bank with similar powers to transfer the assets and/or liabilities of an “authorised credit institution”— i.e. an institution within the scope of the Bill — to another institution subject to the approval of the Court. To address any overlaps between the scope of the CIS Act and the Bill following its enactment, section 3 of the Bill provides that where an institution is a relevant institution within the scope of the CIS Act, it does not fall within the scope of the Bill.

The CIS Act ceases to have effect on 31 December 2012, or a later date substituted by a resolution of both Houses of the Oireachtas, and from that point on all relevant institutions will be considered authorised credit institutions and will fall within the scope of the Bill. In addition under section 55 of the CIS Act the Minister can, after consulting with the Governor of the Central Bank, make an order to declare that a relevant institution shall be taken not to be a relevant institution for the period specified in the order. In this event, section 3 of the Bill provides that the institution will fall under the scope of the Bill and not the CISA for that specified period.

Section 61of the CIS Act does not confer on the Minister for Finance a power as described in the Deputy’s question. Section 61of the CIS Act 2010 deals with instruments to which relevant institutions or their subsidiaries or holding companies are a party. Commercial instruments frequently provide for their termination or other consequences where the ownership in or control of one of the contracting parties changes, where particular orders are made against the parties or where certain events happen. The section specifies that certain consequences for such instruments, such as termination, or triggering of payments due, shall not have effect as a result of the Act or the announcement by the Minister of the intention to enact this legislation, or any statement made by the Minister or the Governor of the Central Bank in relation to this Act or the use of any powers in the Act. Neither shall these consequences arise as a result of the making of an order or requirement for the making of an order or any act taken or omitted by any person in compliance with the order. A similar provision is made in the Bill in section 99 of the Bill as amended in the Select Sub-Committee on Finance.

40. Deputy Michael Creed asked the Minister for Finance when he expects the report of the Commission on Credit Unions to be presented to him; and if he will make a statement on the matter. [29213/11]

Minister for Finance (Deputy Michael Noonan): The Interim Report of the Commission on Credit Unions was provided to me on 30 September 2011. I presented the Report to Government on 11 October 2011 and it will be published tomorrow, Friday 14 October 2011.

41. Deputy Kevin Humphreys asked the Minister for Finance the number of general practitioner practices that were audited for tax compliance annually since 2007; the number found to be non-compliant; and if he will make a statement on the matter. [29222/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the number of audits carried out in relation to Medical Practice activities in each of the Years 2007 to 2011 (to August), and the related yield across all tax heads, business and personal, is as follows:

Year	No. of Audits	€m
2007	99	2.69m [62 yielding/63%]
2008	89	€2.54m [65 yielding/75%]
2009	87	€3.59m [66 yielding/75%]*
2010	156	€3.30m [113 yielding/72%]*
2011 (to August)	146	€3.24m. [104 yielding/71%]*

*yielding cases in 2009 to 2011 includes cases where there was no cash yield but reliefs and losses were restricted.

The increased activity in 2011 reflects Revenue’s focus on self-assessed taxpayers in the cash economy.

These statistics are compiled based on cases with a NACE Code of 8512. NACE Code 8512 is a classification that encompasses a broad range of practitioners and businesses in the medical sphere including doctors, consultants such as eye specialists, homoeopaths, physiologists etc.

I am further advised by the Revenue Commissioners that General Practitioners are controlled and monitored for tax compliance purposes in the same way as taxpayers in all other sectors. General Practitioners, like all taxpayers, are obliged to make accurate returns under the self-assessment system and are liable to Revenue audit in the normal way. I am assured by Revenue that the audit of General Practitioners is an ongoing aspect of their work.

The main focus of Revenue continues to be on selecting cases for intervention based on the presence of various risk indicators and other information available. This is the type of targeted intervention that gets best results and that is most likely to change the behaviour of the taxpayer into the future. The targeted approach is greatly enhanced by the computerised Risk Evaluation Analysis and Profiling System (REAP) developed by Revenue. This system categorises taxpayers in accordance with defined risk criteria. The system allows for the screening of all tax returns against sectoral and business norms and provides a selection basis for checks or audits. This effectively means that 100% of self-assessed taxpayers are risk assessed a number of times a year. REAP contains considerable information on all self-assessed taxpayers, including General Practitioners.

42. Deputy Michael McGrath asked the Minister for Finance if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29267/11]

Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question I have made no appointments to state boards since I was appointed as Minister for Finance.

43. Deputy Brendan Griffin asked the Minister for Finance the position regarding State help for struggling mortgage holders; and if he will make a statement on the matter. [29319/11]

Minister for Finance (Deputy Michael Noonan): There are a number of measures in place to assist people who are having genuine difficulties in meeting their mortgage repayments. The Central Bank’s revised Code of Conduct on Mortgage Arrears (the Code) applies to mortgage lending activities with borrowers in respect of their principal private residence in the State. Compliance with the Code is mandatory on all mortgage lenders registered with the Central Bank. The Code came into effect on 1 January 2011. With effect from 30 June 2011, lenders must have in place the required systems and trained staff necessary to support the implementation of the Code. The Code sets out the framework that lenders must use when dealing with borrowers who are in arrears or are in pre-arrears. For the purposes of the Code a “pre-arrears” case arises when the borrower contacts the lender stating that he or she is in danger of getting into financial difficulties and/or is concerned about getting into mortgage arrears. The Code can be accessed at www.centralbank.ie.

The Central Bank has produced, with input from the National Consumer Agency, a consumer guide to assist consumers in understanding the new process under the revised Code. Financial assistance is available to eligible claimants under the Department of Social Protection’s Mortgage Interest Supplement Scheme. People in debt or in danger of getting into debt can avail of the services of the Money Advice and Budgeting Service. This is a national, free, confidential, and independent service.

The Government, however, also recognises that more needs to be done in this area and prior to the Summer recess the Economic Management Council asked an Inter-Departmental Group to consider further necessary actions to alleviate the increasing problem of mortgage over-debtedness. The Group’s report was published yesterday and is available on my Department’s website. The Government are proposing that the Dail be given an opportunity to debate the findings and recommendations of the report and will make time for a debate next week. This will give all sides of the House the opportunity to contribute in a constructive and realistic manner to the deliberations on this important issue. The Minister for Justice and Equality and myself will formulate an implementation strategy to be set out at the conclusion of the Dail debate. This implementation strategy will set out the necessary steps to put into effect all the measures that are deemed feasible.

In the meantime work is already underway to implement some of the key recommendations of the report:-

The Minister of State at the Department of the Environment, Community and Local Government with special responsibility for Housing and Planning will launch two [730]mortgage-to-rent schemes in line with the report’s recommendations. These will operate on a pilot basis initially subject to prompt review ahead of wider roll-out. Under each scheme households in extreme mortgage distress who are eligible for social housing will be able to remain in their homes as social housing tenants with either their lending institution or a housing association taking ownership of the property.

The Minister for Justice and Equality has already undertaken extensive work on the Heads of a Personal Insolvency Bill as set out in the report and these will be published shortly.

I have instructed the Banking Division of my Department to begin discussions with the banks to ensure speedy implementation of the measures set out in the report.

44. Deputy Michael McGrath asked the Minister for Finance his views on whether the planned eurozone bank recapitalisation programme will have any impact on the covered institutions here in view of the fact that the stress tests on banks here published at the end of March 2011 did not take account of the possibility of the banks incurring losses on sovereign bonds held; his further views that the planned round of recapitalisations will require additional money for the Irish banks; if he has consulted with the Central Bank of Ireland on this specific issue; and if he will make a statement on the matter. [29341/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank have informed me that as no formal measures or proposals have been announced by the authorities or the EBA they are not in a position to advise on possible future capital requirements arising. The Central Bank has advised me that as agreed in the Memorandum of Understanding (MoU) and the Memorandum of Economic and Financial Policies (MEFP) with our external partners, a further Prudential Capital Assessment Review (PCAR 2012) will be carried out in 2012 to assess the adequacy of the capital of the banks at that time as part of an ongoing programme of capital review.

45. Deputy Michael McGrath asked the Minister for Finance when he expects the interest rate reductions applying to funds available to Ireland under the European Financial Stability Fund and European Financial Stability Mechanism to take legal effect; and if he will make a statement on the matter. [29342/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the Euro Area Heads of State or Government (HOSG) agreed on 21 July 2011 to reduce the cost of the European Financial Stability Facility (EFSF) to lending rates equivalent to those of the Balance of Payments facility close to, without going below, the EFSF funding cost. The EFSF Amendments are currently the subject of ratification by all Euro Area Member States. The parliamentary procedures are completed in sixteen out of the seventeen countries at this stage. Slovakia has yet to complete its parliamentary procedures. It is understood that Slovakia is endeavouring to complete these procedures by the end of this week.

The amendment EFSF Framework Agreement, which enables the interest rate reductions, will take legal effect when all Euro Area Member States have completed the ratification of the amendments. It will be applied to our EFSF loans once a revised loan agreement has been [731]signed. Earlier this week, the Council of the European Union approved the EU Commission’s proposal to eliminate the margin of 2.925% on the EFSM facility.

46. Deputy Michael McGrath asked the Minister for Finance if he will provide details, for each eurozone country, of the amount of Government bonds held by each of the covered institutions; and if he will make a statement on the matter. [29343/11]

Minister for Finance (Deputy Michael Noonan): The latest publicly available figures on the amount of Eurozone Government bonds held by AIB, Bank of Ireland and Irish Life & Permanent were published as part of the EU wide bank stress tests on 15 July 2011. A link to the main release on the Central Bank of Ireland’s website is below. http://www.centralbank.ie/press-area/press-releases/Pages/2011EU-WideBankStressTestResultsforIrishBanksPublished.aspx

The results published by the Central Bank contain an individual PDF report for each of the institutions detailing their Eurozone and other Sovereign exposures as of 31 December 2010. For each institution, the Sovereign debt exposures are shown starting on page 7. Additionally, AIB provided updated partial disclosure on their sovereign exposures as part of their 30 June 2011 half year results, the full detail of which can be found on page 27 of the document at the link below on the AIB website. http://www.aib.ie/servlet/ContentServer?pagename=AIB_Investor_Relations/AIB_Download/aib_d_download&c=AIB_Download&cid=1314616620712&channel=IRFP

The Eurozone Sovereign debt exposure for EBS also as of 31 December 2010 is detailed starting on page 69 of the Financial Measures Programme report which was published by the Central Bank on 31 March 2011. It should be noted that the definition of sovereign debt exposure used in the Financial Measures Programme differs slightly from that used in the Euro wide stress tests. A link to the report is shown below.

http://www.centralbank.ie/regulation/industry-sectors/credit-institutions/Pages/Financial MeasuresProgramme.aspx Finally, Anglo Irish Bank’s exposure to sovereign bonds is detailed on pages 46 and 47 its interim report for the 6 months to 30 June 2011. A copy of the bank’s results can be found on the bank’s group website at the following link: http://www.angloirishbank.com/Media-Centre/Reports/

47. Deputy Michael McGrath asked the Minister for Finance if he will provide a comprehensive statement on the promissory note arrangement in place for the recapitalisation of Anglo Irish Bank and Irish Nationwide Building Society, including the total cost of the arrangement to the Exchequer; his plans to reduce this cost; and if he will make a statement on the matter. [29344/11]

Minister for Finance (Deputy Michael Noonan): During 2009 it was determined that Anglo and INBS required additional capital. A commitment was provided by the Minister to Anglo and separately to INBS to provide capital of €8.3 billion and €2.7 billion, respectively. This capital was provided on 31 March 2010. In relation to Anglo, this €8.3 billion of capital was injected by way of a capital contribution. This capital contribution is treated as equity capital for regulatory capital purposes. In relation to INBS, a special investment share was acquired for €100 million in cash and a further €2.6 billion was subsequently injected by way of a capital contribution.

[732]The Government did not pay for these capital contributions in Anglo and INBS with cash. The Government effectively issued an IOU, in the form of promissory notes, to Anglo and INBS for €8.3 billion and €2.6 billion, respectively. As the State had a debt to the institutions, it also had an associated interest charge. This interest charge was set by reference to Government yields at the date of issue on 31 March 2010. Subsequently, it was determined that Anglo and INBS needed additional capital, which was again provided by increasing the 31 March 2010 promissory notes. The final promissory note increase was on 31 December 2010 bringing the total promissory notes in Anglo and INBS to €30.6 billion. See table below for the increases:

Date	Anglo	INBS	Total (IBRC)
	€ billion	€ billion	€ billion
31 March 2010	8.30	2.60	10.90
28 May 2010	2.00	—	2.00
23 August 2010	8.58	—	8.58
31 December 2010	6.42	2.70	9.12
	25.30	5.30	30.60

When the final capital contribution was made on 31 December 2011 an interest holiday was inserted into each of the promissory notes which meant that between 1 January 2011 and 31 December 2012 no interest was payable. Absent the interest holiday the weighted average interest rate on these promissory notes would have been 5.8%. However, as a result of the insertion of the interest holiday the weighted average interest rate from 1 January 2013 is 8.2%.

While there was an interest holiday this does not affect the promissory note repayments of the principal amount. The cash flows on the promissory notes are 10% (€3.06billion) of the original amount per annum until the full amount is repaid. Set out below is a detailed aggregated schedule of capital repayments and interest payments on the promissory notes:

Promissory Note Schedule — Anglo and INBS *

Date	Total interest Paid: A	Total Capital Reduction: B	Repayments: A + B
	€bn	€bn	€bn
31/032011	0.55	2.51	3.06
31/032012	—	3.06	3.06
31/032013	0.49	2.57	3.06
31/032014	1.84	1.22	3.06
31/032015	1.75	1.31	3.06
31/032016	1.65	1.41	3.06
31/032017	1.55	1.51	3.06
31/032018	1.44	1.62	3.06
31/032019	1.32	1.74	3.06
31/032020	1.19	1.87	3.06
31/032021	1.06	2.00	3.06
31/032022	0.91	2.15	3.06
31/032023	0.75	2.31	3.06
31/032024	0.57	1.52	2.09
31/032025	0.45	0.47	0.91
31/032026	0.39	0.52	0.91
31/032027	0.33	0.58	0.91
31/032028	0.26	0.65	0.91
31/032029	0.19	0.73	0.91
31/032030	0.10	0.81	0.91
31/032031	0.01	0.05	0.05
	16.8	30.6	47.4

*These numbers may not tot exactly as a result of rounding

As set out above, the total interest cost for the State for all tranches of the Anglo and Irish Nationwide promissory notes is €16.8 billion with annual repayments of €3.06 billion per annum until 2023, reducing thereafter until 2031 when the final repayment is made. These annual repayments reduce over time as the various tranches of the promissory notes are repaid. The final payment on the promissory notes of circa €0.1 billion will be made on 31 March 2031. The total cost of the promissory notes including the principle amount and interest will be €47.4 billion over the life of the promissory notes.

The Deputy will be aware that the funds which become available to the State as a result of borrowing undertaken by the Exchequer are not generally assigned to one particular area of expenditure. Rather they are available, along with the funds sourced from revenues such as tax revenue, non-tax revenue and capital receipts, to fund overall expenditure. Accordingly, there was no one tranche of borrowing that was undertaken solely for the purpose of funding the Promissory Note payments to Anglo Irish Bank and Irish Nationwide Building Society.

The draw downs of funds so far under the Joint EU/IMF Programme of Financial Support have been used for a range of different purposes including of course the general running of the day-to-day operations of the State. It is difficult therefore to isolate precisely the exact cost of the interest payments on the borrowing undertaken to fund the Promissory Note payments. However, for illustrative purposes, on the basis of the original 5.8% blended average interest rate which applied to borrowing under the Programme, the interest costs on borrowing of €3,060 million would be just under €180 million per annum. In light of the recently agreed reduction in interest rates on funding available under the Joint EU/IMF Programme of Financial Support however, the estimated interest cost on such borrowing reduces to approximately €115 million per annum.

While the State has budgeted to meet both the interest and cash requirements I am eager to have the Promissory Notes examined to see if they can be re-engineered in a better way for the State, for example, by lengthening their maturity and reducing their interest rate on them. This examination, which has commenced, will have to be completed in a manner which does not impact on the capital position of Anglo. In addition to the Promissory Notes issued to Anglo and INBS a Promissory Note was also issued to EBS. For completeness, the following is the detail of this Note.

Promissory Note Schedule — EBS

Date	Total interest Paid: A	Total capital reduction: B	Repayments: A + B
	€bn	€bn	€bn
17/06/2011	0.014	0.011	0.025
17/06/2012	0.013	0.012	0.025
17/06/2013	0.012	0.013	0.025
17/06/2014	0.012	0.013	0.025
17/06/2015	0.011	0.014	0.025
17/06/2016	0.010	0.015	0.025
17/06/2017	0.009	0.016	0.025
17/06/2018	0.009	0.016	0.025
17/06/2019	0.008	0.017	0.025
17/06/2020	0.007	0.018	0.025
17/06/2021	0.006	0.019	0.025
17/06/2022	0.005	0.020	0.025
17/06/2023	0.004	0.021	0.025
17/06/2024	0.002	0.023	0.025
17/06/2025	0.001	0.020	0.022
	0.12	0.25	0.37

The Promissory Note carries an interest rate of 5.5% with annual repayments of €25mn on 17 June. There is no interest holiday on the EBS Promissory Note.

48. Deputy Michael McGrath asked the Minister for Finance the specific measures he has implemented to date since coming into office to assist persons in difficulty with their mortgage repayments. [29345/11]

Minister for Finance (Deputy Michael Noonan): Earlier this year, the Economic Management Council, of which I am a member, requested an Inter-Departmental Group to consider further necessary actions to alleviate the increasing problem of mortgage over-indebtedness. The Group’s report was published yesterday and is available on my Department’s website.

The Government are proposing that the Dáil be given an opportunity to debate the findings and recommendations of the report and will make time for a debate next week. This will give all sides of the House the opportunity to contribute in a constructive and realistic manner to the deliberations on this important issue. The Minister for Justice and Equality and myself will formulate an implementation strategy to be set out at the conclusion of the Dail debate. This implementation strategy will set out the necessary steps to put into effect all the measures that are deemed feasible. In the meantime work is already underway to implement some of the key recommendations of the report:—

The Minister of State at the Department of the Environment, Community and Local Government with special responsibility for Housing and Planning will launch two mortgage-to-rent schemes in line with the report’s recommendations. These will operate on a pilot basis initially subject to prompt review ahead of wider roll-out. Under each scheme households in extreme mortgage distress who are eligible for social housing will be able to remain in their homes as social housing tenants with either their lending institution or a housing association taking ownership of the property.

The Minister for Justice and Equality has already undertaken extensive work on the Heads of a Personal Insolvency Bill as set out in the report and these will be published shortly.

[735]

I have instructed the Banking Division of my Department to begin discussions with the banks to ensure speedy implementation of the measures set out in the report.

49. Deputy Michael McGrath asked the Minister for Finance the amount of European Central Bank and Central Bank of Ireland funding currently extended to the covered institutions; his plans to reduce the reliance on this funding; if specific targets in terms of amounts and dates have been set for the reduction of this funding; and if he will make a statement on the matter. [29346/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank has informed me that borrowing from the Eurosystem relating to monetary policy operations by the covered institutions stood at €68.430bn as of 31 August 2011. The figure for Exceptional Liquidity Assistance (ELA) is contained within the other assets of the Financial Statement of the Central Bank of Ireland. As at the 26th of August the figure for other assets was €55.949bn. This figure is predominantly made up of ELA.

A key component of the Financial Measures Programme is the establishment of transparent plans to reduce the Irish banking system to a manageable size and to stabilise its funding base. The Central Bank has agreed with the External Partners that a sustainable Loan to Deposit Ratio for the aggregate domestic banking system is 122.5%. Banks will implement deleveraging plans agreed with the Central Bank in order to transition to smaller balance sheets and a more stable funding base, which includes reduced reliance on ECB and ELA funding.

50. Deputy Michael McGrath asked the Minister for Finance his plans to impose losses on the remaining unsecured, unguaranteed senior bondholders at Anglo Irish Bank and Irish Nationwide Building Society; when he will finalise his position on the repayment of the $1 billion Anglo Irish Bank bond due for repayment on 2 November 2011; who is the holder of this bond; and if he will make a statement on the matter. [29347/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, the Government is considering burden sharing with senior bondholders in both Anglo and INBS in consultation with our EU partners. In the current circumstances, the State is not in a position or minded to act unilaterally in this regard. I had the opportunity to meet with President Trichet on the margins of the Ecofin meeting in Poland on Saturday, 17th September. I raised with him the issue of the burden sharing with the senior unguaranteed bondholders in Anglo (including INBS). This was unresolved business and I pressed the case for such burden sharing. However, President Trichet was of the strong view that such action was not in the interests of Ireland or the Euro Area, particularly given the challenges facing the euro area at this time and the contagion that we witnessed recently that has affected Italy and Spain. Commissioner Rehn also made the same point on this issue when I met him at a separate meeting.

President Trichet was very complimentary of the progress being made by Ireland and he noted the narrowing of bond spreads that had taken place, which he would not wish to see put at risk. I noted the points he made and I said I would report back to Government on the discussion.

I also mentioned to President Trichet, and in the separate meeting with Commissioner Rehn, the situation in relation to the Promissory Notes. These Promissory Notes are amounts due from the State to Anglo Irish Bank as consideration for the capital provided in 2010. While the State has budgeted to meet both the interest and cash requirements I am eager to have the Promissory Notes examined to see if they can be re-engineered in a better way for the State, [736]for example, by lengthening their maturity and reducing their interest rate. This re-engineering, which is under consideration, would have to be completed in a manner which does not impact on the capital position of Anglo.

The Deputy will be aware that as bonds are usually issued in bearer form the purchasers of the bonds are unknown to the issuing bank. When a bank issues a bond, whether by private placement or public issue, it would be usual practice for a securities depository company, such as Clearstream and Euroclear, to hold the bond on behalf of their customers and the banks would not necessarily know the actual owner of the bond. Securities depository companies such as Clearstream and Euroclear usually manage, safekeep and administer the securities that it holds on behalf of the purchasers of the bonds and the identity of the purchasers of the bonds is not disclosed in the public domain or to the issuer.

51. Deputy Michael McGrath asked the Minister for Finance if the European Central Bank has indicated to him, either formally or informally, that the ECB would, under certain circumstances including the non-repayment of unguaranteed senior bonds by the covered institutions, no longer make the liquidity funding support available to Irish banks; and if he will make a statement on the matter. [29348/11]

Minister for Finance (Deputy Michael Noonan): Irish credit institutions access ECB liquidity under the same rules and subject to the same conditions as credit institutions around Europe, and it has not been suggested to me that this situation would change. Clearly the ECB has given very large amounts of liquidity assistance to Irish banks and it maintains a keen interest in the Irish banking sector. In this regard, I would point to the statement of the ECB on 31 March last to the effect that against the background of the recapitalisation of the banks “the Eurosystem will continue to provide liquidity to banks in Ireland”. Together with other decisions announced on this date, the ECB was and is clear about its support for Irish banks, and I am not aware of anything to suggest otherwise.

52. Deputy Michael McGrath asked the Minister for Finance the dates and details of any meetings he has had, since coming into office, with the chief executives, chairpersons and boards of each of the covered institutions; the purpose of such meetings; and if he will make a statement on the matter. [29350/11]

Minister for Finance (Deputy Michael Noonan): The Minister meets with and has telephone conversations with the Chief Executives, Chairpersons and Directors of covered institutions on a regular basis. These contacts are generally routine in nature but on occasion may address specific issues relating to the particular institution or to the financial system as a whole. The following entries appear in Minister Noonan’s diary commencing from when he came into office in March 2011 and represent formal meetings with financial institutions involving the Minister. Meetings also take place at official level between the Department and financial institutions on an ongoing basis.

Date	Covered Institution
24 March 2011	Meeting with Alan Dukes, Chairman of Anglo Irish Bank
29 March 2011	Meeting with the Governor and CEO of Bank of Ireland.
05 April 2011	Meeting with Mr Alan Cook, Chairman and Kevin Murphy, CEO, ILP
05 May 2011	Meeting with AIB Directors.
02 June 2011	Meeting with Alan Dukes, Chairman and Mike Aynsley, CEO Anglo Irish Bank
10 June 2011	Meeting with Chair of ILP.

53. Deputy Michael McGrath asked the Minister for Finance his plans for the top rate of value added tax in view of the commitments in the memorandum of understanding with the EU and IMF; if he will raise the matter with the EU and IMF during the present visit; and if he will make a statement on the matter. [29352/11]

Minister for Finance (Deputy Michael Noonan): The EU/IMF Programme provides for a 1% increase in the standard VAT rate to 22% with effect from January 2013, and a further 1% increase in the standard VAT rate to 23% with effect from January 2014. The Programme for Government limits the standard rate of VAT to 23%, but does not specify the timeframe for this increase. The level and timeframe of any increases in the standard VAT rate will be determined in the context of the annual Budget cycle.

54. Deputy Ciarán Lynch asked the Minister for Education and Skills if he will reinstate the school bus provision in respect of a school (details supplied) in County Cork in view of the disproportionate effect on that school’s viability; his views on the proportionally greater effect on one faith community over another as a consequence of the changes to the school transportation system; and if he will make a statement on the matter. [29168/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Changes in the School Transport Scheme were announced by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. One of the changes announced included an increase to ten in the minimum number of eligible pupils, residing in a distinct locality, required to establish or retain an individual school transport service.

Bus Éireann, which operates the school transport schemes on behalf of my Department, has advised that in this case, the number of applications from eligible pupils did not match the above requirement and consequently the service was withdrawn from the beginning of the current school year. This minimum number requirement has been applied to all individual school transport services nationally from the commencement of the 2011/12 school year.

As is currently the position, families of eligible pupils, for whom there is no school transport service available, may apply for a remote area grant towards the cost of making private transport arrangements. It is essential to stress that the wider context within which this change is taking place, is a situation of the most serious financial difficulties. Under the four year recovery plan, there is a requirement to deliver savings of €17 million on the school transport budget and this measure is an integral part of this.

55. Deputy Michael Healy-Rae asked the Minister for Education and Skills the options for a person (details supplied) in County Kerry to secure more funding for a course; and if he will make a statement on the matter. [29169/11]

[738]Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I understand from FÁS that the FÁS Technical Employment Support Grant (TESG) is the relevant support in the case in question. I am informed that under the FÁS TESG guidelines, the TESG allows for a maximum of €500 towards the cost of the programme or 100% of the cost of the programme, whichever is the lesser amount, per applicant every 12 months. This payment is subject to registration and career guidance interview with a FÁS Employment Services Officer.

56. Deputy John Paul Phelan asked the Minister for Education and Skills his plans to include teaching of driving skills in the mainstream curriculum or in the transition year programme; and if he will make a statement on the matter. [29174/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I have no plans to introduce driver education, in the form of driving lessons in schools, and this is not the norm within the EU. Research available internationally is inconclusive on the benefits of teaching young people to drive at school. Particular issues highlighted include the gap arising between the time practical skills are learned initially and put into regular practice, and the risks arising from more young people taking up driving at an earlier age.

However, a Road Safety programme for Transition Year, has been developed by the Road Safety Authority in collaboration with my Department, the National Council for Curriculum and Assessment and the Professional Development Service for Teachers and has been offered nationally as an option since September 2008, following a successful pilot in 2007/8. The programme is available in twenty hour and forty-five hour units. It features inputs from agencies such as the ambulance service, fire service and An Garda Síochána, as well as providing for visiting speakers, trips out of school, projects and case studies.

The programme provides for an introduction to road safety for pedestrians, cyclists, motorcyclists and motorists, and covers such issues as seatbelts and airbags, driver fatigue, drink/drug driving, enforcement, basic first aid at road crashes, emergency services and rehabilitation. The programme is also supported by digital resources, including DVD support and access to international websites on road safety issues. Relevant Driver Theory Test learning is included at the end of each module. The programme does not include driving lessons.

In addition, the Social Personal and Health Education (SPHE) programme, which is mandatory in primary schools and at junior cycle level, provides a framework under which the generic values and skills which underpin responsible decision-making, and respect for the rights and safety of others, can be developed and promoted among students. SPHE has a specific personal safety strand within the programme, and this provides a mechanism through which road safety issues for all can be best dealt with in an age appropriate way. Road safety programmes have been developed by the Road Safety Authority at primary and junior cycle level for this purpose.

57. Deputy Brendan Griffin asked the Minister for Education and Skills if he will revise clause 17.3 of the higher education scheme, which restricts retraining and upskilling due to progression failure (details supplied); if he will put in place a fairer and more market responsive system; and if he will make a statement on the matter. [29191/11]

Minister for Education and Skills (Deputy Ruairí Quinn): To satisfy the terms and conditions of the student grant scheme in relation to progression, a student must be moving from year to year within a course having successfully completed the previous year or be transferring from [739]one course to another where the award for the subsequent course is of a higher level than the previous course.The objective of this policy is to help as many students as possible in obtaining one qualification at each level of study thereby increasing their employment prospects.

Given the level of demand on the student grant budget from first time students and students that are progressing with their studies to a higher level, there are no plans at present to change the arrangements in place. However, Section 473A, Taxes Consolidation Act, 1997, as amended by Section 11 of the Finance Act 2011, provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in E.U. Member States and in non EU countries. This information may be useful to the student to which the Deputy refers.

58. Deputy Finian McGrath asked the Minister for Education and Skills the amount being spent on third level grants this year; the number of students that will receive grants; the way this compares to last year’s figure; if any students who had been provisionally promised a grant subsequently had it withdrawn; the breakdown of the different level of grants provided and the way this compares to last year; if he plans to cut the student grant in the future; and if he will make a statement on the matter. [29226/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The allocation for student grants in 2011 is just over €386m. This is an increase of some 5% or €19m over the 2010 provision. Preliminary information supplied by the 66 grant awarding authorities indicates that some 72,500 students were in receipt of a grant for the 2010/2011 academic year. A comparable figure for 2011/2012 will not be available until the end of the academic year. The rates of grant effective from January 2011 are:

	Non-Adjacent Rate	Adjacent Rate
Full Maintenance	€3,120	€1,250
Part Maintenance (75%)	€2,340	€940
Part Maintenance (50%)	€1,560	€625
Part Maintenance (25%)	€780	€315

Standard Rates of Grant applicable from January 2010 are:

	Non-Adjacent Rate	Adjacent Rate
Full Maintenance	€3,250	€1,300
Part Maintenance (75%)	€2,435	€980
Part Maintenance (50%)	€1,625	€650
Part Maintenance (25%)	€810	€330

Special Rate of Grant applicable from January 2011

	Non-Adjacent Rate	Adjacent Rate
Full Special Rate	€6,100	€2,445
Of which top-up represents	€2,980	€1,195

[740]Special Rate of Grant applicable from January 2010

	Non-Adjacent Rate	Adjacent Rate
Full Special Rate	€6,355	€2,545
Of which top-up represents	€3,105	€1,245

Data is not collected on the number of students from whom an offer of a grant may be withdrawn. In relation to any potential changes to the student grant scheme under the Budget for 2012, the Deputy will appreciate that the preparation of the Estimates for any Budget is carried out on a strictly confidential basis and it would not be appropriate for me to comment on specific issues or proposals, including those relating to student grants, in advance of the Budget announcement

59. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding Protestant fee paying schools (details supplied); and if he will make a statement on the matter. [29234/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I refer the Deputy to the decision of the previous Government to increase the pupil/teacher ratio in schools and to remove certain funding from Protestant fee-charging schools in the Budget of October 2008.There are currently 55 fee-charging second level schools in the country, of which 20 are Protestant, two Inter-denominational, one Jewish and the remaining 32 Catholic.

It is estimated that the withdrawal, with effect from 1 January 2009, of the ancillary grant to fee-charging schools with a Protestant ethos has realised an annual saving of €2.8m to the Exchequer. The grant was withdrawn due to concerns about the constitutionality of making it available to fee-charging schools of one ethos and not to those of another. Fee-charging schools do not receive capitation or related supports and since becoming Minister, I have prioritised the limited funding available for Summer Works Schemes to non fee-paying schools on the grounds of equity.

The previous Government also decided in October 2008 to make changes to how fee-charging schools should be treated in relation to the number of publicly funded teaching posts they are allocated. Teachers in fee-charging schools are now allocated at a pupil teacher ratio of 20 to 1, which is a point higher than allocations in non fee-charging post-primary schools. Teachers in all fee-charging schools are paid by the State; this arrangement pre-dated the introduction of free education arrangements and has existed since the foundation of the state. The estimated cost of these posts in 2011 is in the order of €100m and the estimated saving for a one point increase in the pupil/teacher ratio is €3 million. I am already on record as saying that this is not a simple matter as these arrangements, which are historic and of long standing, impact upon a substantial number of schools which cater for religious minorities.

I, along with my colleagues in Government, recognise the importance of ensuring that students from a Protestant background can attend a school that reflects their denominational ethos. My Department provides funds for the Protestant Block grant, which currently amounts to €6.5 million per year. The block grant is distributed through the Secondary Education Committee, established by the Protestant churches involved in the provision of education. This fund ensures that necessitous Protestant children can attend a school of their choice.

[741]In this regard, I wish to advise the Deputy that students who board at a Protestant school which does not charge fees may also apply for a grant from the Secondary Education Committee to assist with boarding costs. I will continue to work with representatives of the Protestant educational sector to ensure that State funding made available to the Protestant community is targeted in the fairest way possible to meet the needs of their children and their schools.

60. Deputy Michael McGrath asked the Minister for Education and Skills if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29265/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Since my appointment as Minister, the following appointments have been made to the Boards of the Bodies under the aegis of my Department.

Mr. Eamonn Devoy, Mr. Tony Donohoe, Professor Anne Scott, Ms. Maria Bourke and Ms. Audrey Deane were all appointed to the Board of the National Qualifications Authority of Ireland (NQAI) with effect from end March 2011. While the terms of office for these appointments are for a five year period the NQAI is to be merged with both the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC) to form a new body to be known as the Qualifications and Quality Assurance Authority of Ireland (QQAAI) in the coming months. No remuneration applicable.

Mr. Micheál Ó Fiannachta, a Departmental official, was appointed to the Board of Skillnets Ltd with effect from June 2011. No remuneration applicable.

Dr Maria Hinfelaar and Mr Aengus Ó Maoláin were appointed to the Higher Education and Awards Council (HETAC) in June 2011. No remuneration applicable. Like the NQAI, this body is to be merged into the Qualifications and Quality Assurance Authority of Ireland in the coming months. It is customary for the Union of Students in Ireland (USI) to have one representative on the board of HETAC. Mr Ó Maoláin was nominated by the USI.

Ms. Maureen Costello was appointed to the National Council for Special Education Board in September 2011. No remuneration applicable. Ms. Costello is the Director of the National Educational Psychological Service and her appointment was made because of the close interactions between the two agencies concerned.

Mr. Michael Moriarty was appointed to the FÁS Board in July 2011. Remuneration fee of €11,790 per annum applicable. The vacancy on the FÁS Board arose in July 2011 following the resignation of Mr. Sean Gallagher. Mr. Moriarty, who is General Secretary of the IVEA, was appointed because of his expertise in the Vocational Education Committees which will be availed of particularly when FÁS is transformed into SOLAS, the new further education and training authority.

Mr. Gary Redmond was re-appointed to the Higher Education Authority in July 2011. Remuneration fee of €7,695 per annum applicable. It is customary for the Union of Students in Ireland (USI) to have one representative on the board of the Higher Education Authority. Mr. Redmond was nominated by the USI.

[742]None of the appointments above were to the position of Chairperson in the bodies concerned. My Department’s officials are currently considering options to effect the government decision regarding direct Ministerial appointments to Boards and issues regarding the public advertising of future vacancies will be considered in this context.

61. Deputy Joanna Tuffy asked the Minister for Education and Skills if his attention has been drawn to the need for special needs assistants, SNAs, at a school (details supplied) in Dublin 20; if he will ensure that SNAs are assigned to this school; and if he will make a statement on the matter. [29317/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to clarify that the recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE has now advised all mainstream schools, including the school referred to by the Deputy, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school.

The NCSE has recently published statistical information in relation to the allocation of Special Needs Assistant posts and resource teaching hours to Primary Special and Post Primary Schools. The information is provided on a county by county and school by school basis on its website at www.ncse.ie. The school referred to by the Deputy has an allocation of 4 SNA posts and 55.8 Resource Teaching Hours. It is considered that, with equitable and careful management and distribution of these resources, there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria.

The NCSE will advise schools early in the new school year of a process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

62. Deputy Brendan Griffin asked the Minister for Education and Skills the specific opportunities that will arise in County Kerry for redundant workers as a result of the recent announcement of €55 million of the European Globalisation Fund finance; what the inter-agency group in his Department overseeing the maximisation of the supports available to redundant workers has provided in County Kerry to date; and if he will make a statement on the matter. [29318/11]

[743]Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): On 7 October 2011 the European Commission approved co-financing of €35.7m under the European Globalisation Adjustment Fund (EGF) in respect of three applications for assistance submitted in June 2010 for almost 9,000 former workers made redundant in the construction NACE 41, 43 and 71 subsectors between 1 July 2009 and 31 March 2010. These applications still require to be approved by the other EU budgetary authorities of the European Council of Ministers and the European Parliament. In total, including national co-financing, the three applications will total €55m to provide guidance, training, education and enterprise supports to eligible beneficiaries.

A number of national measures, for which EGF co-financing has been sought, are already being provided by the relevant service providers and funded from national sources. These measures include career guidance, full, part-time and evening further education and training courses, apprenticeship on- and off-the-job training, full and part-time third level education programmes and related training and education allowances where appropriate.

The main service providers delivering these supports are FÁS, Vocational Education Committees and publicly funded higher education institutes. Training is also being provided through contracted private providers and the technical employment support grant mechanism administered by FÁS. As data is being collated from a number of service providers at present, it is not possible to provide a breakdown by county of expenditure and participation rates to date. It is estimated nationally that at least 4,500 interventions for this cohort have been commenced in the areas of guidance, training and third level education.

All eligible individual beneficiaries will be contacted in due course and be made aware of the specific interventions available to them under the relevant EGF programmes. I will make a further announcement on how those interventions will be made available and on how eligible persons will be informed in the next couple of weeks.

63. Deputy Brendan Griffin asked the Minister for Education and Skills his views on a proposal for the improvement of the Irish language (details supplied); and if he will make a statement on the matter. [29320/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The proposal referred to by the Deputy has been received and a direct response will issue as soon as possible. The 20 year Strategy for the Irish Language 2010-2030 contains a number of actions relating to improving the quality of Irish teaching. A working group has recently been established, under the auspices of the Department of Community, Equality and the Gaeltacht, to scope out and agree the steps required to implement the strategy over the 20 year period. Implementation will also have to take account of the availability of resources.

This Government is committed to supporting the overall thrust of 20 Year Strategy for the Irish Language 2010-2030 and will deliver on the achievable goals and targets proposed. There are already a range of supports through the teaching support services and the education centre network in all subject and programme areas. If there are specific needs identified, the support services endeavour to respond within the resources at their disposal. Should my Department wish to commission work by an external provider, there is an obligation to undergo a public competitive process.

64. Deputy Kevin Humphreys asked the Minister for Education and Skills if he will report [744]on the planning and design of new school buildings (details supplied) in Dublin 8; and if he will make a statement on the matter. [29326/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that a technical inspection was carried out by my Department’s officials at the school to which he refers in September 2011. The information gathered during the visit is currently being examined to determine the level and configuration of development that the site is capable of hosting. My Department will be in contact with the school authorities as soon as this process has been completed.

65. Deputy John Deasy asked the Minister for Education and Skills the details of the European Globalisation Fund application that he has made on behalf of the former employees of a company (details supplied). [29355/11]

66. Deputy John Deasy asked the Minister for Education and Skills when it is envisaged that the European Globalisation Fund application for a company (details supplied) will be assessed; and when workers can expect a decision. [29357/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I propose to take Questions Nos. 65 and 66 together.

Since the announcement of the proposed redundancies at the Talk Talk company in Waterford, consultations as to the feasibility of submitting a sustainable application for co-financing from the European Globalisation Adjustment Fund (EGF) have been carried out by my Department with the Minister for Jobs, Enterprise and Innovation, the state Industrial Development Agencies, other state bodies and with the company itself. As I announced publicly this week, my Department is now satisfied, after detailed investigation and on the basis of subsequent information received, that a sustainable application can be made in due course to the European Commission.

In order to ensure that a reasoned and detailed case satisfying the stringent EGF eligibility conditions can be advanced with the greatest prospect of success, the next step is the technical application preparation process involving the collection, verification and analysis of supporting data and the development of a tailored package of support for each individual redundant worker. This process has duly commenced in the Department. It will take a period of some weeks at least to complete. In the meantime, my Department will continue to work with all relevant stakeholders who are currently providing services to the workers and to seek to develop any additional measures for implementation as quickly as possible. I would also propose to meet with the workers as soon as possible to explain the EGF process and to set out our plans to provide supports to help them get back to work.

67. D’fhiafraigh Maureen O’Sullivan den Aire Oideachais agus Scileanna maidir leis an 50% — 60% den obair a dhéanfaidh na daltaí trí phunann scoilbhunaithe, an ndéanfar meastóireacht ar an nGaeilge mar atá molta d’ábhair áirithe faoin gcóras nua don Teastas Sóisearach; má dhéantar, an bhfuil sé i gceist scrúdú cainte a chur san áireamh sa phunann, rud a chuirfeadh go mór le foghlaim na Gaeilge inár scoileanna; agus an ndéanfaidh sé ráiteas ina thaobh. [29451/11]

[745]Minister for Education and Skills (Deputy Ruairí Quinn): Táim díreach tar éis comhairle na Comhairle Náisiúnta Curaclaim agus Measúnachta (CNCM) a fháil faoi leasúchán ar an Teastas Sóisearach. Doiciméad creatlaíé seo agus níl aon mhionsonraí suntasacha ann i dtaobh na sonraíochtaí d’ábhair aonair.

Táim tar éis tosú ar chomhairle na Comhairle Náisiúnta Curaclaim agus Measúnachta a bhreithniú agus níl aon chinneadh deiridh déanta agam go fóill faoi fheidhmiú. Is í comhairle na CNCM ná go measúnófar gach aon ábhar trí scrúdú scríofa a cheapfaidh agus a mharcálfaidh Coimisiún na Scrúduithe Stáit, agus trí phunann, de réir mionteagaisc a bheidh ceaptha ag Coimisiún na Scrúduithe Stáit, ach a bheidh marcáilte ag an múinteoir ranga agus modhnaithe go seachtrach ag Coimisiún na Scrúduithe Stáit. Beidh na socruithe mionsonraithe i gcomhair gach aon ábhair le scrúdú trí struchtúir chomhairleacha na Comhairle Náisiúnta Curaclaim agus Measúnachta, de réir an ghnáthchleachtais.

Mar is eol don Teachta, áfach, is fiú anois 40% de na marcanna sa Ghaeilge don Ardteistiméireacht an bhéaltriail sa Ghaeilge. Is fiú chomh maith 40% de na marcanna iomlána an bhéaltriail dheonach sa Ghaeilge don Teastas Sóisearach, áit a fheidhmíonn an scoil í. Is aidhm lárnach oideachasúil athrú suntasach béime i dtreo na Gaeilge mar theanga labhartha, inar féidir le micléinn comhchaidreamh agus idirghníomhú a bheith acu lena chéile go nádúrtha, agus ina labhraítear an Ghaeilge gach lá insna scoileanna. Bheinn ag súil go gcuirfeadh aon athrú a bheidh ann an próiseas seo chun cinn a thuilleadh. Fanfaidh mé, áfach, ar chomhairle na Comhairle Náisiúnta Curaclaim agus Measúnachta maidir leis an leasúchán ar shiollabas na Timthrialla Sóisearaí in am tráth sula ndéanfaidh mé cinneadh ar bith faoin gceist seo.

68. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the person responsible for providing insurance cover for buildings that are used for the purpose of polling station at election times, for example, if a community centre is asked for permission to be used, should a letter issue indemnifying the committee in charge of the community centre from any subsequent claims or issues that may arise in the future; and if he will make a statement on the matter. [29178/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Under the National Treasury Management Agency (Amendment) Act 2000, the management of personal injury and property damage claims against the State and of the underlying risks was delegated to the NTMA. When performing these functions, the NTMA is known as the State Claims Agency (SCA). In the conduct of elections under the Election Acts, Returning Officers and their staff will be indemnified by the State from all losses, damages, liabilities, costs and expenses arising out of injury to any person or loss or damage of any kind.

The State, its servants and/or agents, will indemnify the owner of the third party premises in respect of any claims for personal injury and third party property damage, arising from the negligence of the State, its servants and/or agents in respect of the use of the third party premises by the State for polling station purposes. This indemnity extends to cover only the negligence of the State, its servants and/or agents, and does not extend to indemnify any third party, its servants and/or agents concerning any negligent act or omission by the latter by reference to Statute or at Common Law. It would be expected that third parties would have adequate public liability insurance in place to cover potential losses associated with their negligence.

69. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he [746]will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29272/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The information requested by the Deputy in relation State Boards under the aegis of the Department of Public Expenditure and Reform is contained in the table.

Public Appointments Service

Name of board member	Remuneration
Mr. Eddie Sullivan, Chairman	€11,970 pa
Mr. Des Dowling, Assistant Secretary — Department of the Environment, Community and Local Government	NIL
Ms Deirdre O’Keeffe, Assistant Secretary — Department of Justice and Equality	NIL
Patricia Coleman, Director — Department of Public Expenditure and Reform	NIL
Mr. Seán McGrath — National Director of HR in the HSE	NIL
Ms Judith Eve — former Chairperson the Civil Service Commissioners, Northern Ireland — Ministerial Nomination	€7,695 pa
Mr. Eddie Molloy — HR Consultant — Ministerial Nomination	€7,695 pa
Mr. Dan Murphy, former General Secretary of the PSEU — nominated by ICTU	€7,695 pa
Mr. Bryan Andrews as CEO of the PAS holding office on an ex officio basis.	NIL

All members were appointed on 1 September 2011. The members receive Travel and Subsistence as set out by Department of Finance Policy.

The Vacancies on the Public Appointments Service board were not publicly advertised and prospective nominees were not referred to the Oireachtas committee. They were made in accordance with Section 36 of the Public Service Management (Recruitment and Appointments) Act 2004.

On the 26th July 2011, the following re-appointments were made to the Arbitration Boards under the terms of the conciliation and arbitration schemes for the Civil Service, the Defence Forces, the Gardaí and Teachers:

Mr. Turlough O’Donnell, SC, Chairperson;

Mr. Gerard Barry, Government nominee;

Mr. Tom Wall, staff side representative in the cases of the conciliation and arbitration schemes for the Civil Service and Teachers;

Mr. George Maybury, staff side representative in the case of the conciliation and arbitration scheme for the Defence Forces;

Mr. Hugh O’Flaherty, staff side representative in the case of the conciliation and arbitration scheme for the Gardaí.

The duration of these appointments is for the period ending 30th June 2012.

The Chairperson of the Arbitration Boards receives €786 per sitting day. Mr Wall who sits on the Arbitration Boards for the Civil Service and Teachers receives an annual retainer of €4,625 to cover 11 sitting days. Other Board members are paid €416 per sitting day.

70. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform when he expects to complete the comprehensive spending review; if he is satisfied with the level of co-operation and engagement with the review by all Government Departments; the level of savings that have been submitted for consideration by each Department for 2012; and if he will make a statement on the matter. [29349/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Comprehensive Review of Expenditure (CRE) process has involved input from all Departments and their agencies along with work carried out by my Department on cross-cutting issues. The Departmental submissions are a central part of the pre-budget deliberations of the Government.

I am engaging with every Department and there is a universal view across the Government that this is a common endeavour, no area is exempt from full participation in the adjustment that needs to be made and the Government will make policy decisions having full regard to the priority issues identified in the Programme for Government. Decisions arising from the CRE process will be announced by the Government in the context of the December Budget and Estimates.

71. Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation if he has granted approval for the appointment of a new north west regional manager of the Industrial Development Agency in order to fill the currently vacant post; if not, if he will confirm that it is his intention to approve the request for an exemption; the date by which he proposes to give his decision on the matter; and if he will make a statement on the matter. [29443/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): IDA is an autonomous Agency set up by statute with a mandate to attract foreign direct investment in manufacturing and internationally-traded service industries into Ireland, and to support new and existing FDI operations so as to maximise the related industrial employment, output, exports, economy expenditures including wages, and corporation tax contributions.

As with all Departments and agencies, the total number of staff employed by IDA is not fixed and varies from time to time depending on the resources available to Government and the requirements of the Agency. In recent times, the Government’s financial position is of course particularly difficult, and a moratorium on the filling of vacancies arising in all Departments, Offices and agencies has been in operation since early 2009.

Against this background, the Government is however determined to facilitate the delivery of the industrial employment and other targets in the current IDA Strategy. To achieve this, IDA is amongst those who have been approved, in recent times,through consultation with my Department and the Department of Public Expenditure and Reform, to fill mission-critical vacancies that would otherwise have remained vacant under the moratorium. I am glad to say that one of these posts has been that of North West Regional Manager based in Sligo. I have been informed by IDA that a competitive process in underway to fill this post.

72. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any [748]remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29270/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton):

Competition Authority

While it does not have a typical board structure, the Competition Authority consists of a Chairperson and up to four other members who act as an executive board. The Competition Acts 2002 to 2010 set out the requirements pertaining to appointments to the Authority. I re-appointed Mr Declan Purcell as Chairperson of the Competition Authority on 1 July 2011 and following his retirement, I subsequently appointed Ms Isolde Goggin as Chairperson following her selection by the Public Appointments Service (PAS). The Chairperson of the Authority is paid at a salary level equivalent to Deputy Secretary General Grade.

Advertisements for three full time members of the Competition Authority were published in June 2011 and pending the completion of the PAS selection process for these posts, I appointed Ms Noreen Mackey and Mr David McFadden as temporary members of the Authority in July 2011. I subsequently re-appointed both from 1st October. On 9th August 2011, I re-appointed Mr Ciarán Quigley as a temporary member of the Authority. These temporary appointments were made in accordance with the Competition Acts 2002 to 2010 and did not require to be publicly advertised. Members of the Authority are paid a salary equivalent of the Assistant Secretary grade. I intend to appoint the full time members selected from the PAS process as soon as the necessary contractual details are finalised.

Personal Injuries Assessment Board

One appointment was made to the Personal Injuries Assessment Board (PIAB), re-appointing Ms Ann Fitzgerald in her capacity as Chief Executive of the National Consumer Agency, which is a statutory position on the Board. No remuneration is payable to Ms Fitzgerald in respect of her membership of the Board and PIAB did not pay any expenses to board members in 2009 or 2010.

Irish Auditing and Accounting Supervisory Authority

Two appointments were made to the Irish Auditing and Accounting Supervisory Authority (IAASA). Mr Dave Martin and Mr Kevin O’Donovan were both appointed as Nominees of the Prescribed Accountancy Bodies on 26 May 2011. Board fees for a full calendar year amount to €7,695 however both of the above will receive €4,489 to take account of their date of appointment.

National Standards Authority of Ireland Board (NSAI)

Helen Curley, a Principal Officer in my Department, was appointed on 8 July 2011. No remuneration applies to this appointment. Travelling and subsistence expenses in accordance with Civil Service Regulations are applicable in respect of journeys undertaken to attend meetings of the Board or to transact the business of the Board. Two vacancies have been publicly advertised for the NSAI Board. A shortlisting of possible appointees has been conducted and I am currently considering the matter.

[749]Science Foundation Ireland

I have re-appointed Dr. Martina Newell-McGloughlin and Dr. Rita Colwell to the Board of Science Foundation Ireland with effect from 26th July 2011. Board membership fees amount to €11,970 per annum. Both are internationally renowned scientists based in the USA.

Labour Court

I have appointed Linda Tanham, a worker representative, as a Member of the Labour Court on 29 August 2011 for a period of 3 years. I re-appointed Peter D.R. Murphy, an employer representative, as a Member of the Labour Court on 17 September 2011 also for a period of 3 years. The annual remuneration for Labour Court members is €104,481.

Forfas

There have been no appointments to the Board of Forfas since I took office. There is one vacancy on the Forfas Board which is an ex officio post due to be filled by the Director General of Science Foundation Ireland. Each year the two longest serving board members must resign however they are eligible for reappointment. As a Category 2 State Body, the Forfas Chair is entitled to a fee of €20,520 while board members / directors are entitled to a fee of €11,970.

73. Deputy Anthony Lawlor asked the Minister for Jobs, Enterprise and Innovation the amount of funding received by the National Consumer Agency from 2009 to date in 2011. [29327/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The National Consumer Agency received €6.105 million and €5.578 million by way of public funds in the years 2009 and 2010 respectively. Up to the end of September 2011 the Agency has received a total of €3.774 million in public funds. The Agency’s total allocation for 2011 is €6.366 million.

From 1st January 2011 the Agency assumed responsibility for the consumer education and information functions of the Financial Regulator. The Agency has received additional public funds to cover the cost of the exercise of certain elements of this function, albeit that these funds and the further costs of exercising this function will be fully recouped by the imposition of a levy on prescribed regulated financial service entities later this year.

74. Deputy Maureen O’Sullivan asked the Minister for Jobs, Enterprise and Innovation when legislation to re-establish joint labour committees will be brought forward; and if he will commit that the new legislation will not reduce the income of low wage workers. [29382/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): On 26 July 2011 the Government agreed a package of radical reforms to the Joint Labour Committee and Registered Employment Agreement wage settling mechanisms. The reform proposals deal with recommendations made and issues raised in the Independent Report on the JLC/REA systems (Duffy-Walsh report) as well as the outcome of the recent High Court ruling in the Grace Fried Chicken constitutional challenge.

The proposed measures will provide for the retention of the JLC and REA systems, subject to the reforms that are required to place them on a more secure legal and constitutional footing. [750] They will also reinstate a robust system of protection for workers in these sectors in the aftermath of the High Court ruling.

The report of the Independent Review does not recommend, nor have I proposed, specific adjustments in wage rates for the sectors covered by JLCs and REAs. Heads of a Bill to give effect to the reform proposals have been prepared by the Department of Jobs, Enterprise and Innovation, agreed by Government, and communicated to the Attorney General, who has agreed to give the highest priority to drafting this legislation. It is my intention is to have a Bill ready to introduce to the Oireachtas at the earliest possible opportunity this term.

75. Deputy Ray Butler asked the Minister for Social Protection the reason the Civil Registration Office (details supplied) is currently closed to members of the public from Monday, 3 October 2011 until 15 October 2011, inclusive; and if she will make a statement on the matter. [29192/11]

Minister for Social Protection (Deputy Joan Burton): As this is a matter for the Health Service Executive, it has been referred to the HSE for their attention and direct reply to the Deputy.

Question No. 76 withdrawn.

77. Deputy Michael McGrath asked the Minister for Social Protection if she has conducted any review of the impact of the JobBridge scheme announced in May 2011; the number of new jobs she estimates have been created by the initiative; and if she will make a statement on the matter. [29351/11]

Minister for Social Protection (Deputy Joan Burton): JobBridge — the national internship scheme was launched on 29 June 2011 and came into operation on 1 July 2011. As the scheme has been running for only 3 months and the minimum internship term is 6 months, no review of the impact of JobBridge has yet taken place. A full evaluation of the scheme will be undertaken. The JobBridge scheme does not create jobs. Instead, it provides individuals with the opportunity to undertake an internship of 6 or 9 months with the aim of providing them with valuable experience and enhancing their prospects of securing employment. As of Friday 7th October, a total of 1,769 individuals had commenced an internship under the scheme and a further 2,477 internship opportunities were available to be filled.

78. Deputy Bernard J. Durkan asked the Minister for Social Protection when payment will issue in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29165/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned has been awarded disability allowance on 10 October 2011 with effect from 27 April 2011, at the reduced weekly personal rate of €57.80 and a child dependent allowance of €29.80. Payment will be at Clane Post Office on 26 October 2011. Arrears due, if any, will issue shortly after this date.

79. Deputy Tom Fleming asked the Minister for Social Protection the position regarding a [751]disability allowance application in respect of a person (details supplied) in County Kerry. [29170/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 6 August 2009. His claim was disallowed as he failed to satisfy the medical conditions and his means exceeded the statutory limit for receipt of disability allowance. The person subsequently appealed this decision to the Social Welfare Appeals Office and his appeal was disallowed on two grounds, means and medical. Following further correspondence received by the appeals office on behalf of the person the appeal was re-opened and an oral hearing was heard in the case.

The appeal was allowed, with assessable means derived from the capital value of a property plus rental income, entitling the person to a reduced weekly rate of disability allowance. The person’s disability allowance was awarded on 9 August 2011 with effect from 12 August 2009. The person’s claim will now be forwarded to a Social Welfare Investigator in order to review his weekly means. A decision on his rate of disability allowance will be given on receipt of the social welfare investigator’s report and the person will be notified directly of the outcome.

80. Deputy John Paul Phelan asked the Minister for Social Protection if a person (detailed supplied) from County Kilkenny will be included in the local community employment scheme. [29175/11]

Minister for Social Protection (Deputy Joan Burton): The criteria for participating on community employment, and similar initiatives, have not encompassed customers not in receipt of social welfare payments. The opportunities to broaden the criteria and duration on CE are greatly limited notwithstanding the justifiable cases made and set out in the details supplied. The eligibility criteria for a number of initiatives are being considered as part of a wider evaluation of the supports offered to those who are unemployed. Unemployed persons who are not in receipt of any social welfare payments can still participate on many education and training programmes.

81. Deputy Bernard J. Durkan asked the Minister for Social Protection the way it was concluded in respect of refusal of an appeal for jobseeker’s allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29176/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 31st August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

82. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection when approval will issue for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29183/11]

[752]Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS), and the community welfare officers providing it, formally transferred to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned was refused rent supplement on the grounds that the rent exceeded the rent limit for the area. The person concerned has submitted an appeal against this decision and is currently awaiting the outcome of this appeal.

83. Deputy John Lyons asked the Minister for Social Protection if she will review an application for back to education allowance in respect of a person (details supplied) in Dublin 9; if an exception will be made in this case as employment opportunities in the archeology sector have become virtually non-existent, a point which has been well documented in the media; and if there are any further supports available to assist this person. [29209/11]

Minister for Social Protection (Deputy Joan Burton): A person wishing to qualify for the Back to Education Allowance (BTEA) must satisfy a number of conditions. The person must be a certain age, be in receipt of a prescribed social welfare payment for a specified time period, and be pursuing a full time course of study leading to a recognised qualification in a recognised college.

In addition, the approved course must lead to a higher qualification on the National Framework of Qualifications than that already held by the person. Progression has always been a feature of the BTEA. Graduates do not have an entitlement to the BTEA to pursue a further full time course at a similar qualification level to that already held by the person, as this could, inter alia, lead to displacement of other persons seeking such qualifications for the first time.

The person concerned applied for a BTEA. The application was not approved as the person already holds a qualification at a higher level than the one in respect of which the application was made. I have reviewed the application, but, under the circumstances, it is not possible to approve the BTEA.

Springboard is part of the Government’s Jobs Initiative. It offers people the opportunity to study on a part-time basis for higher education qualifications in areas where more employment opportunities are expected to arise as the economy recovers. The course that the person concerned is pursuing is a full-time course and, therefore, does not come within the scope of the Springboard Initiative.

Other forms of support to persons who wish to further their qualifications include the option of retaining a jobseeker’s payment while pursuing a part-time education course. The person must apply to the social welfare local office and verify that participation on the course does not reduce availability for work. In the case of jobseeker’s benefit, participation on a course does not grant any extension to the normal period in respect of which the benefit is paid. It is also open to persons to apply to their local authority for a student grant.

84. Deputy Michael Creed asked the Minister for Social Protection when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for illness benefit; and if she will make a statement on the matter. [29214/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the illness benefit claim of the person concerned was disallowed following an examination by a Medical Assessor who expressed the opinion that he was medically unsuitable [753]for the benefit. An appeal was registered on 15th September 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an examination by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

85. Deputy Michael Creed asked the Minister for Social Protection the position regarding the liability of self-employed persons for minimum PRSI contributions to secure an entitlement to contributory pension on retirement; if she will specifically address this issue in the context of those self-employed persons who are in receipt of means tested social welfare payments; and if she will make a statement on the matter. [29215/11]

Minister for Social Protection (Deputy Joan Burton): Self-employed people are liable for PRSI at the Class S rate of 4% as long as their annual income exceeds €5,000. PRSI paid under Class S contributes to building entitlement to long-term benefits such as the State pension (contributory) and widow’s, widower’s or surviving civil partner’s pension (contributory). If self-employed people are on low incomes as a result of a downturn in demand for their services, they may establish eligibility to assistance-based payments including payments such as jobseeker’s allowance.

For the purposes of establishing their entitlement to assistance-based payments, the individual’s means will take account of the level of earnings in the last 12 months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy. An individual who continues to be self-employed while in receipt of a social assistance payment such as jobseeker’s allowance may continue to pay Class S contributions as long as his or her income from self-employment exceeds the €5,000 insurability threshold. This would assist towards establishing their entitlement to long-term social insurance pensions.

86. Deputy Michael Creed asked the Minister for Social Protection, further to Parliamentary Questions Nos. 285 of 27 September and No. 371 of 4 October 2011, if she will now consider the entitlement to mortgage supplement by a person (details supplied) in County Cork; and if she will make a statement on the matter. [29217/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service, and the community welfare officers providing it, formally transferred to the Department of Social Protection from 1 October 2011. The service and the staff are now part of the Department. The person concerned is in receipt of mortgage interest supplement of €17.67 per week. This amount is her full entitlement based on her personal circumstances.

Question No. 87 withdrawn.

88. Deputy Billy Kelleher asked the Minister for Social Protection if she will be hiring temporary staff to cope with any backlog at an office (details supplied) in County Cork; and if she will make a statement on the matter. [29229/11]

[754]Minister for Social Protection (Deputy Joan Burton): An additional 12 temporary posts were assigned to Cork Local Office to deal with the increased volume of claims as a result of the downturn in the economy. However, the Department had a difficulty securing permanent staff at SO and EO grades to fill the posts. As an interim measure temporary Clerical Officers were recruited to fill the posts, pending the assignment of permanent staff. These temporary contracts are terminated as permanent staff are assigned to the office. There are no plans to hire further temporary staff at this time.

89. Deputy Billy Kelleher asked the Minister for Social Protection if her attention has been drawn to the fact that existing temporary staff at an office (details supplied) are having their contracts terminated; if she is satisfied that, first, the purposes for which they were hired were met and, second, that there will be no impact to clients or remaining staff; and if she will make a statement on the matter. [29230/11]

Minister for Social Protection (Deputy Joan Burton): Six temporary clerical officers are employed on fixed purpose contracts in the Department’s Local Office at Hanover Street in Cork. The three temporary officers referred to in the Deputy’s question are employed on fixed purpose contracts to provide temporary cover pending the assignment of permanent staff to that office. Three permanent assignments were recently made in the Cork Local Office. I am satisfied that the purpose for which the temporary clerical officers were recruited has ceased. Allowing for an overlapping period, the people concerned have been advised that their contracts of employment will terminate on Friday, 4 November 2011. There will be no change in the overall staffing number in the Cork Local Office.

90. Deputy Finian McGrath asked the Minister for Social Protection the position regarding a grant (details supplied) in Dublin 9. [29231/11]

Minister for Social Protection (Deputy Joan Burton): The Department offers assistance towards the purchase of hearing aids to customers (and their dependant spouse/partner) who meet certain PRSI conditions. The precise conditions vary with age, but customers aged over 66 must (among other conditions) have either 39 weeks reckonable PRSI paid or credited in either of the last two tax years before their 66th birthday; or 39 weeks reckonable PRSI paid or credited in the last tax year before their 60th birthday. In this context, it should be noted that only PRSI paid at class A, E, H, or P counts towards this benefit. According to the Department’s records, the person concerned has no reckonable contributions paid in the relevant years so neither they nor their spouse qualify for this benefit. However, if they are medical card holders they should be entitled to assistance under the similar Department of Health scheme. Their local HSE office will be able to advise them of the benefits available.

91. Deputy Seán Crowe asked the Minister for Social Protection if her attention has been drawn to the fact that there was an error in the production of dockets for a number of persons in receipt of jobseeker’s benefit or jobseeker’s allowance; if she will investigate the way it happened; the number of persons affected by the error; if the Data Protection Commissioner has been informed; and if, in view of the concerns expressed by some of the persons who have received dockets belonging to another and whose dockets were also sent to another, the persons involved will be offered the option of an alternative PPS number. [29240/11]

Minister for Social Protection (Deputy Joan Burton): Signing dockets are issued in groups of four dockets to certain Job Seeker customers who have part-time employment. The customer [755]is required to enter details of their employment for each week and to return them to their local office in order that the correct payment may be made. Approximately 1.2 million dockets are issued per annum.

On 28th September last an operator error occurred in the production of a batch of dockets as a result of which customers instead of receiving four of their own dockets, received two of their own dockets and two dockets belonging to another customer. The dockets displayed the customer’s PPS Number, name and address details and Local Office signing location. As a consequence, a total of nine hundred and ninety four customers received the details of one other customer and also had their details sent to one other customer. The Data Protection Commissioner was notified of the incident immediately. All customers affected were contacted by my Department and supplied with replacement dockets and were also asked to destroy the dockets that were sent to them in error.

My Department takes its responsibilities as the custodian of customer information very seriously. We are committed to implementing the highest standards of data protection in respect of the information entrusted to us and following this incident my Department has further tightened its print production procedures to prevent a recurrence. My Department will write to the individuals affected to offer those who have particular concerns the option of a replacement PPS Number.

92. Deputy Michael McGrath asked the Minister for Social Protection if she will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, she has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29273/11]

Minister for Social Protection (Deputy Joan Burton): The three statutory bodies operating under the aegis of the Department are the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department but it does not have a board. Much of the information requested by the Deputy in relation to the boards of the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board is available on the Department’s website www.welfare.ie/EN/AboutUs/Pages/stateagencies.aspx and is updated as required.

Social Welfare Tribunal

The Social Welfare Tribunal consists of a Chairman and four ordinary members, all members were appointed on 5th October 2009 and are not due for renewal until 4th October 2012.

Citizens Information Board

I have made one appointment to the Citizens Information Board since coming into office, that of Mr Eugene McErlean who was appointed with effect from 7 September 2011. This followed my public request for expressions of interest from suitably qualified and experienced individuals announced on 22 July 2011. In addition to the fee paid to appointees details of which are also contained in the link above, board members are entitled to claim such travel and subsistence as is necessary to facilitate them to attend board and/or other committee meetings and events deemed appropriate in line with the provisions of the Department of Finance travel and subsistence circulars. There is no arrangement in place for prospective nominees of the Citizens Information Board to go before an Oireachtas committee for questioning.

[756]Pensions Board

The Pensions Board is a representative body and the composition of its membership is set out in the Pensions Act 1990. The Board must comprise representatives of;

Trade Union Members,

Employers,

Occupational Pension Schemes,

The Actuarial Profession,

The Accounting Profession,

The Legal Profession,

Consumer Interests,

Pensioner Interests,

The Minister for Finance, and

The Minister for Social Protection.

While all of its members are appointed by me, the Pensions Act 1990 provides that of the 16 members, eight are nominated by representative bodies. These eight members represent the first six of the interests set out above. This comprises two representatives each of the trade union and employer groups and one representative each of the occupational pension schemes, the actuarial, accounting and legal professions. There is no change proposed in these arrangements. A new Board was appointed on 21st December 2010 for a period of five years. There is currently one vacancy on the Pensions Board to be filled by a nominating body.

93. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue in respect of a person (details supplied) in County Clare regarding their jobseeker’s benefit application; and if she will make a statement on the matter. [29281/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

[757]

94. Deputy Brendan Griffin asked the Minister for Social Protection if a decision will be made on a rent allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [29286/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that a Supplementary Welfare Allowance appeal by the person concerned was registered in that office on 29th September 2011 and will be referred to an Appeals Officer in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

95. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal in respect of an application for disability allowance will be heard in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29287/11]

96. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an oral hearing will take place in respect of an application for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29289/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Following the submission of additional evidence the Appeals Officer agreed to review the case. The Appeal Officer concluded that there were insufficient grounds for a revision of his earlier decision.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. The legislation also provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing was not warranted. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

97. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for disability allowance on hand and pending decisions at present; the anticipated timescale to clear any backlog; and if she will make a statement on the matter. [29291/11]

99. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for disability allowance received in each of the past three years and to date in 2011; the number approved, rejected or pending; and if she will make a statement on the matter. [29293/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 97 and 99 together.

At the end of August 2011 there were 7,901 disability allowance claims pending decision. The statistics requested are shown in the tabular statement. The average number of weeks taken to decide a disability allowance claim for the period January to August 2011 was just over 16 weeks.

The Department is committed to delivering the best possible service to its customers. Operational processes and procedures and the organisation of work are continually reviewed in all areas of the department, including disability allowance section, to ensure that claims are processed and decided in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme. It should also be noted that many factors outside the Department’s control can impact upon claim processing times e.g. the supply of relevant information by the customer, employers or other third parties.

Measures being taken to improve processing times for disability allowance applicants include an increase in the number of claims being desk assessed thus reducing the number of cases being referred for investigation by social welfare inspectors. Since August 2009 all claims are being desk assessed by the medical assessors thus obviating the need to call claimants for in-person medical examinations. Since November 2010, all medical reports for new disability allowance claims are being scanned which facilitates easier access by more medical assessors. Additional temporary staff has been deployed to assist with backlog clearance and will be in place until December 2011.

As part of the Department’s programme of service delivery modernisation the disability allowance scheme will be moved onto a new IT administration platform. This work commenced in July of this year and it is expected that the first batch of new claims will be dealt with on the new system in the first quarter of 2012. It is anticipated that the new system will introduce significant processing efficiencies and a quicker and more responsive service to customers.

Statistics requested on disability allowance

Year	No. of Applications Received	No. of Applications Approved	No. of Applications Disallowed
2008	21,358	13,176	8,046
2009	20,794	10,179	9,677
2010	21,409	8,306	10,316
2011 (To 31/08/11)	15,451	6,051	7,909

98. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of [759]appeals currently on hand for carer’s allowance; the extent to which this figure has fluctuated over the past three years and to date in 2011; and if she will make a statement on the matter. [29292/11]

Minister for Social Protection (Deputy Joan Burton): I am informed by the Social Welfare Appeals Office that there are currently 1,524 Carers Allowance appeals in progress in the Office. This compares to 594 at the end of 2008, 1,339 at the end of 2009 and 2,145 at the end of 2010.

In that regard some 3,000 cases, registered prior to 31/12/10, have been ring-fenced and a team of 10 of the Office’s most experienced appeals officers have been freed from all other work in the Office and will concentrate on clearing this backlog. This project commenced on July 1st. Also, some 70% of appeals cases are now decided by way of summary decision which. because of the logistics involved in organizing oral hearings, greatly reduces the overall processing times.

As a result of the various initiatives taken,18,236 decisions were made by appeals officers in the first nine months of 2011, in comparison to 12,692 for the same period in 2010 and the backlog of cases awaiting determination has reduced from 20,274 at the beginning of the year to 17,651 at 30th September 2011.

Question No. 99 answered with Question No. 97.

100. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for old age pension, contributory and non-contributory, received in each of the past three years and to date in 2011; the number approved, rejected or pending; and if she will make a statement on the matter. [29294/11]

Minister for Social Protection (Deputy Joan Burton): The statistics the Deputy requests in relation to State pension (contributory) and State pension (non-contributory) applications are set out in the table.

Table 1: State pension (contributory):

Year	Received	Awarded	Disallowed	Pending
2008	29,528	12,394	11,974
2009	30,478	15,927	12,794
2010	32,940	20,098	10,625
2011 (Sept)	27,612	12,281	6,011	3,280

[760]Table 2: State pension (non-contributory)

Year	Received	Awarded	Disallowed/ Withdrawn	Pending
2008	10.980	7,797	3,194
2009	10,802	7,811	3,139
2010	9,835	7,191	2,725
2011 (Sept)	7,139	5,357	2,132	1,857

Question No. 101 answered with Question No. 13.

102. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for carer’s allowance in respect of children affected by autism, Asperger’s syndrome or similar conditions received in her Department in each of past three years and to date in 2011; the number approved, rejected or pending; if sufficient budgetary provision can be made in the coming year to meet such requirements; and if she will make a statement on the matter. [29296/11]

Minister for Social Protection (Deputy Joan Burton): The information requested by the Deputy in relation to certain conditions is not available. Social welfare payments are demand led and if a person meets the eligibility conditions he/she then has an entitlement.

103. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which her Department proposes to assist in retraining and up skilling in conjunction with other Departments with particular reference to the need to use the downturn in the economy as an opportunity to improve the skills of the workforce in preparation for economic recovery; and if she will make a statement on the matter. [29297/11]

Minister for Social Protection (Deputy Joan Burton): The Programme for Government states that a new National Employment and Entitlements Service will be established under the management of the Department of Social Protection. The objective is to integrate all employment and benefit support services in a single delivery unit which will provide a ‘one stop shop’ for people wishing to establish their benefit entitlements, seek employment and, or, advice about their training options. A key objective of the Government in relation to the new service is to prioritise the provision of more intensive support for those on the live register who are identified as being most at risk of long-term unemployment.

As part of this reform agenda, on 1st October 2011, the Community Welfare Service transferred to the Department of Social Protection. The transfer of the Community Welfare Service to my Department is an important element in the establishment of the new National Employment and Entitlements Service. The development of this new service is the start of a major and comprehensive programme of change management entailing the integration of services previously, or currently, provided by other agencies — including both the Community Welfare Services of the HSE and the Employment Services and Community Employment Programmes of FÁS. A key principle of the new service will be that proactive engagement on the part of the individual in seeking employment and improving employability will be a precondition of benefits payments.

In July 2011, the Government decided to create a new further education and training authority called SOLAS under the aegis of the Department of Education and Skills. SOLAS will [761]facilitate a coherent integrated strategic national response across the further education and training sectors both to the National Skills Strategy objectives and to the significant increase in demand due to the current employment situation. It will facilitate the further education sector in playing a significant role in the work of the National Employment and Entitlements Service.

104. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which she expects her Department to be in a position to improve access to back to education allowance with the objective of maximising education and skills for the future; and if she will make a statement on the matter. [29298/11]

Minister for Social Protection (Deputy Joan Burton): The back to education allowance (BTEA) scheme is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on certain social welfare payments, mainly unemployment, lone parents and illness and disability payments, to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.

The number of participants engaged with BTEA has grown steadily in recent years. In the 2010/2011 academic year there were 25,032 participants which represented an increase of 20.3% on the previous academic year. The 2009/2010 academic year saw an increase of 79% on the previous year. The BTEA, in conjunction with other employment support schemes, will continue to be monitored on an ongoing basis to ensure that it continues to meet its objectives.

105. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for contributory old age pension in respect of the spouses of taxpayers where payment was refused on the basis that a partnership did not exist; the number of applications approved in each of the past three years and to date in 2011; the number rejected and or pending; and if she will make a statement on the matter. [29299/11]

Minister for Social Protection (Deputy Joan Burton): Spouses who operate in a commercial partnership, and who satisfy certain criteria, may apply to the Department to be brought into the social insurance system, with retrospective effect. Where a commercial partnership is formally recognised, both spouses incur a liability to pay self-employed PRSI contributions and must discharge the liability in full before the contributions can be awarded. The numbers of such applications for recognition of a commercial partnership processed since June 2008 (when Information Leaflet ‘SW124 — Working with your Spouse’ was published) are set out in the table.

Table: Retrospective Business Partnership Applications

Date / Year Received	Number Received	Partnership Status Approved	Partnership Status Rejected	Pending / Withdrawn
Jun-Dec 2008	578	408	23	147
2009	500	302	46	152
2010	354	168	31	155
Jan-Sep 2011	256	60	5	191

Where retrospective commercial partnership status is approved, these persons are eligible to apply for State pension (contributory) (SPC). It is not possible to provide statistics on the [762]breakdown between pending/withdrawn applications and on the SPC application outcomes of individuals who have been granted commercial partnership status. Such pension applicants are not specifically identifiable on the Department’s pension systems.

106. Deputy Bernard J. Durkan asked the Minister for Social Protection if there is a particular reason for the large number of requests for repayment of adult dependent allowance in respect of persons receiving various forms of social welfare benefits; the way same transpired that such payments were made in the first instance in view of the fact that these payments are means tested and that the recipients were unaware of the qualification guidelines and that considerable hardship is now being caused by having to refund such payments made over several years; and if she will make a statement on the matter. [29300/11]

Minister for Social Protection (Deputy Joan Burton): An increase for qualified adult (IQA) is payable to recipients of certain benefits, allowances and pensions in respect of a qualified adult (their spouse, partner or civil partner) who is being wholly or mainly maintained by them, and where the qualified adult’s personal means from any source(s) do not exceed a weekly means limit.

A condition of continuing eligibility for IQA is that the recipient or their qualified adult must immediately notify the Department of any changes in the qualified adult’s circumstances that may affect the IQA entitlement. The obligation to notify such changes is provided for in social welfare legislation. The specific changes of circumstance which must be reported are listed in the IQA award letter and in a range of related information publications.

Under the Department’s Control Strategy, scheme administrations are obliged to carry out annual and periodic reviews of IQA entitlement. Review projects for State pension (contributory) and Invalidity pension recipients are currently being undertaken. It is the Departments policy to pursue the full recovery of all overpayments identified in these control activities in accordance with its debt recovery guidelines, and to put in place a debt recovery plan by agreement with the person concerned at a rate of repayment which does not cause them undue financial hardship.

107. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason mortgage interest relief in the case of a person was refused (details supplied) in County Kildare; and if she will make a statement on the matter. [29301/11]

Minister for Social Protection (Deputy Joan Burton): The community welfare service (CWS), and the community welfare officers providing it, formally transferred to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned was refused mortgage interest supplement as it is considered that she has sufficient income to meet her mortgage interest costs.

108. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when it is expected to award jobseeker’s allowance in the case of a person (detail supplied) in County Kildare; and if she will make a statement on the matter. [29302/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned submitted an application for jobseeker’s allowance with effect from 30 September 2011. His application is currently being processed and the person concerned will be informed of the outcome in the coming days.

109. Deputy Bernard J. Durkan asked the Minister for Social Protection, further to [763]Parliamentary Question No. 99 of 6 October 2011, the extent of review or investigation carried out to date in respect of any payment of carer’s allowance which might have been made to a person who may not have provided care; and if she will make a statement on the matter. [29303/11]

Minister for Social Protection (Deputy Joan Burton): Arrangements are being made to have the case in question investigated. Once the outcome of the investigation is known, appropriate steps will be taken by my Department.

110. Deputy Joanna Tuffy asked the Minister for Social Protection if her attention has been drawn to the fact that an organisation (details supplied) has called for the qualifying period for JobBridge eligibility to be reduced from three months on the live register to four weeks, this call being aimed at helping more recently qualified graduates to be eligible for the scheme and to ensure maximum take up of the scheme by unemployed graduates; her view on same; and if she will make a statement on the matter. [29312/11]

Minister for Social Protection (Deputy Joan Burton): I am aware of the call from the Union of Students of Ireland to reduce the JobBridge qualifying period from three months to four weeks. However, it should be noted one of the policy objectives of the JobBridge scheme is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it thereby ensuring a reduction in Exchequer costs over time.

It should also be noted that approximately 60% of individuals who first sign onto the Live Register actually sign off within the first three months. Reducing the three month eligibility period would have implications for this factor and consequently increase the Live Register cost to the Exchequer. The optimum time for interventions of this nature is set therefore at three months which represents a reasonable timeframe within which graduates and others who have become unemployed can seek employment. It is not therefore intended to change eligibility criterion.

111. Deputy Michelle Mulherin asked the Minister for Social Protection if the community services programme will be funded in 2012; if any changes are planned; and if she will make a statement on the matter. [29325/11]

Minister for Social Protection (Deputy Joan Burton): The community services programme co-funds the services delivered by around 440 community based not-for-profit enterprises across the State. Some €47.4 million has been allocated to the programme in 2011. A key requirement of the programme is that the service provider must generate a significant element of their turnover from traded activity or other non-public sources of income. The funding position for the programme in 2012 will be determined in the context of the forthcoming budget. I have no immediate proposals to alter the operation of the programme which currently supports some 2,800 people in full and part time employment.

112. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue in respect of a person (details supplied) in County Clare on their application for domiciliary allowance review; and if she will make a statement on the matter. [29334/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that both appeals by the person concerned were registered in that office on 21 June [764]2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 4th August 2011 and the appeal was assigned to an Appeals Officer on 14 September 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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

113. Deputy Barry Cowen asked the Minister for Social Protection her views on community welfare officers not paying rent supplement direct to compliant landlords in situations where tenants have lost cases of rent arrears by determination orders from the Private Residential Tenancies Board; if she considers that continued payment to claimants in such cases can contribute to fraud, notwithstanding that the legislative provisions provide that the tenant’s relationship is with her Department and previously the Health Service Executive; and if she will make a statement on the matter. [29386/11]

114. Deputy Barry Cowen asked the Minister for Social Protection if she will undertake a review of the legislation regarding the payment of rent supplement to tenants; if she will acknowledge that there are three parties involved, tenant, social services and landlord, and that evidence of non-payment by the tenant to a compliant landlord should be considered as fraud; if she will acknowledge the role of compliant landlords in eliminating fraud against her Department; and if she will make a statement on the matter. [29387/11]

115. Deputy Barry Cowen asked the Minister for Social Protection if there is a specific form to be completed by a tenant requesting that rent supplement be paid direct to a compliant landlord, or another third party; if the request has to be made and signed in the presence of the community welfare officer; if a signed letter from a tenant, given to a landlord, is acceptable; and if she will make a statement on the matter. [29388/11]

116. Deputy Barry Cowen asked the Minister for Social Protection the circumstances in which a tenant can request payment of rent supplement to a compliant landlord; her views on whether same is best practice for tenants to agree to this in their own interests and to help combat fraud; her further views that the provision for direct payment to landlords and others repeated in May circulars to community welfare officers, should be the norm, or only in exceptional cases; and if she will make a statement on the matter. [29389/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 113 to 116, inclusive, together.

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. There is no direct relationship between the landlord and the Department in the administration of the scheme.

[765]Current legislation provides for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord’s agent) on behalf of the recipient, at the tenant’s written request and subject to the consent of the Department. Where a tenant wishes to have the rent supplement paid directly to the landlord, the tenant is requested to sign an indemnity form authorising payment of the supplement directly to the landlord. The form does not have to be signed in the presence of the Department’s representative. Approximately 20% of rent supplement payments are currently paid to a person other than the tenant.

Under the current arrangements, even with direct payment, landlords still have to collect the tenant contribution towards their rent (a minimum of €104 per month). The amount of rent supplement payable depends on the tenant’s income; in some cases tenants pay only the minimum contribution while for others the tenant makes an additional contribution to their rent based on their financial circumstances. For example, where a person is in part-time income and receives just 10% of his or her rent directly from the State, the landlord would receive the 10% directly whilst still having to collect the 90% from the tenant.

It is open to the landlord to bring to the attention of the Department any instance where a tenant is receiving rent supplement but is not paying their rent. Where the Department becomes aware that a person receiving rent supplement is not using that supplement to meet housing costs, payment of the supplement is suspended and the matter investigated. Any overpayment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant.

Where a landlord has a grievance in relation to the non payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board (PRTB) to have the dispute resolved through the Board’s dispute resolution process.

117. Deputy Thomas Pringle asked the Minister for Arts, Heritage and the Gaeltacht his views on allowing controlled burning of grass and heather when weather conditions are favourable in order to prevent the wide scale damage experienced this spring in County Donegal; and if he will make a statement on the matter. [29278/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My responsibilities in this area derive from the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011 and relate to the conservation of protected species and habitats. Under Section 40 of the Wildlife Acts, the cutting, grubbing, burning or destruction by other means of vegetation growing on uncultivated land or in hedges or ditches is prohibited during the nesting and breeding season for birds and wildlife, from 1 March to 31 August. This is subject to certain exceptions, which address practical issues in the ordinary course of agriculture and forestry, as well as fisheries development works; destruction of noxious weeds; road construction and other building works; and the extinguishing or prevention of a fire.

Burning of upland areas, in patches and in a suitable rotation, can be a useful tool in preventing large, wild fires and can be compatible with sustainable ecological management and is allowed in the six months outside the prohibited period. However, my Department’s consent may be required for any burning in some Special Areas of Conservation and Special Protection Areas. Local staff of the National Parks and Wildlife Service will provide advice on this matter. Consent will be given where the activity has no negative impact on the habitats and species of conservation interest in the site in question, and where it is clear that there are adequate precautions in place to ensure that the fire can be controlled.

118. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the [766]number of persons who have applied to sell their interests in the raised bog sites designated as special areas of conservation. [29358/11]

119. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the number of persons who applied to sell their interests in the raised bog sites designated as special areas of conservation that have been paid to date. [29359/11]

120. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the number of persons who have applied to sell their interests in the raised bogs sites designated as special areas of conservation that are still waiting to be paid. [29360/11]

121. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the amount of money he has paid out to date to applicants selling their interests in the raised bog sites designated as special areas of conservation. [29361/11]

122. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the average waiting time to be paid for persons who have applied to sell their interests in the raised bog sites designated as special areas of conservation. [29362/11]

123. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the number of persons in County Roscommon that have applied to sell their interests in the raised bogs sites designated as special areas of conservation. [29363/11]

124. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht the number of persons in County Leitrim that have applied to sell their interests in the raised bog sites designated as special areas of conservation. [29364/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 118 to 124, inclusive, together.

Over €26 million has been paid under the Voluntary Bog Purchase Scheme since it was launched in 1999. Details of applications relating to Special Areas of Conservation are set out in the table. In May 2010, the voluntary bog purchase scheme was closed to new applicants. Completion of applications on-hand has been slower than anticipated due to capacity constraints in undertaking the conveyancing work involved. The time it takes to process applications can also vary depending on the legal complexities involved.

It is acknowledged that some applicants have been waiting for several years for their sales to complete. My Department will be writing to all remaining applicants under the voluntary purchase scheme in the coming weeks to outline their options in light of recent policy decisions regarding the availability of alternative compensation arrangements.

Applications in Special Areas of Conservation under the Cessation of Turf Cutting Compensation Scheme
Total Applications Received	Approx 1,700
Completed Transactions	1,047
Applications on hand	348
Applications with no response to Offer	88
Invalid applications	220
Total Roscommon	225
Total Leitrim*	0

* There are no Special Areas of Conservation (SACs) in Leitrim which come under the terms of this scheme.

125. Deputy Michael McGrath asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29261/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The information sought by the Deputy in relation to appointments made by me to State Boards and the remuneration costs arising are set out in the table. In relation to expense arrangements that apply in the bodies funded from my Department’s Vote Group, I am advised that any such expenses are paid in accordance with the guidelines and rules set down by the Department of Public Expenditure and Reform.

Name of Body	All ministerial appointments to State boards since the appointment of the Minister for Arts, Heritage and The Gaeltacht	All ministerial appointments to position of Chairperson since the appointment of the Minister for Arts, Heritage and the Gaeltacht	Details of remuneration fee arrangements applicable in respect of each appointment	Were the vacancies publicly advertised?	Prospective Nominees that went before Oireachtas Committee for questioning
National Gallery of Ireland	Fred Krehbiel	Nil	N.A.	Yes	Nil
National Concert Hall	Kieran Tobin (Chair) Dearbhla Collins John McGrane Laurie Cearr Gina Menzies Bruce Arnold Margaret Ryan Ray Bates Alma Hynes Artemis Kent Deborah Kelleher Peter McEvoy Pat Heneghan Rachel Holstead Patricia Slavin	Kieran Tobin	Chairman’s annual remuneration fee —€8,978 Directors’ fees — Nil	Yes	Kieran Tobin
Arts Council	Eimear O Connor Ciaran Walsh Mark O’Regan John Fanning	Nil	Members’ annual remuneration fee —€5,985	Yes	Nil

126. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht his plans on a matter (details supplied) regarding Muckross House, County Kerry; and if he will make a statement on the matter. [29310/11]

[768]Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department is committed to the upkeep of Muckross House as an important building in itself and as a key element of Killarney National Park and, to that end, is at present considering the need for works of the nature referred to by the Deputy. All necessary and desirable works to the House will be carried out on an ongoing basis having regard to the financial resources available.

127. D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cad é an méid airgid atá curtha ar fáil sna meastacháin athbhreithnithe do chaiteachas ar thithíocht sa Ghaeltacht, áiseanna pobail agus spóirt, bóithre, uisce agus séarachas agus oibreacha mara, an caiteachas faoi gach fomhír go dáta; agus an ndéanfaidh sé ráiteas ina thaobh. [29374/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Léirítear sna táblaí leis seo an soláthar caipitil atá curtha ar fáil sna meastacháin athbhreithnithe agus an caiteachas atá déanta go dtí seo i mbliana i leith na Scéimeanna Tacaíochta Gaeltachta agus Oileáin. Tá mé sásta go bhfuil soláthar dóthanach sna fomhíreanna seo le freastal ar riachtanais na Gaeltachta agus na n-oileán i mbliana, ag cur san áireamh an maoiniú atá ceadaithe sna réimsíéagsúla agus atá le híoc ag an Roinn as seo go deireadh na bliana.

Fomhír	Soláthar	Caiteachas go dáta
D.1 Tithíocht, Áiseanna Caitheamh Aimsire, Bóithre, Uisce, Séarachas agus Muiroibreacha sa Ghaeltacht	€2,500,000	€1,326,624
D.8 Oileáin (soláthar caipitil)	€3,700,000	€2,468,600

128. D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta an bhfuil i gceist aige faomhadh a thabhairt do na dréachtscéimeanna atá molta ag Foras na Gaeilge ag cur san áireamh an mhíshástacht atá ar chuid mhaith den earnáil dheonach Ghaeilge faoi na scéimeanna agus an éiginnteacht a chothóidh na scéimeanna seo maidir le cistíocht leanúnach do chuid de na heagraíochtaí is foirfe Gaeilge dá bhfuil ann; agus an ndéanfaidh sé ráiteas ina thaobh. [29375/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Mar a thuigfidh an Teachta Dála, is í an Chomhairle Aireachta Thuaidh Theas (CATT) a ghlacann na cinntí straitéiseacha maidir le Foras na Gaeilge.

Ag an gcruinniú CATT ar 12 Deireadh Fómhair 2011, nótáladh an dul chun cinn atá déanta ag Foras na Gaeilge go dtí seo i ndáil le punann dréacht-scéimeanna a ullmhú don tsamhail mhaoinithe iomaíoch nua, a bhfuil sé mar sprioc aici tairbhí suntasacha luach ar airgead a bhaint amach agus dualgais reachtúla Fhoras na Gaeilge a chomhlíonadh go héifeachtach.

Iarradh ar an bhForas tréimhse bhreise chomhairliúcháin 12 seachtain a chur ar fáil i ndáil le punann na ndréacht-scéimeanna, go háirithe leis na heagraíochtaí bunmhaoinithe agus a chinntiú go dtabharfar deis do chomhlachtaí reachtúla bainteacha an tionchar a bheidh ag na dréacht-scéimeanna ar a réimsí feidhmiúcháin a bhreithniú. Iarradh freisin go ndéanfaí an punann dréacht-scéimeanna a leasú de réir mar is gá agus mar is cuí, ag féachaint don phróiseas comhairliúcháin leathnaithe.

Chomh maith leis sin, iarradh ar an bhForas cás gnó mionsonraithe a ullmhú, le cúnamh neamhspleách más gá, chun tacú le punann na ndréacht-scéimeanna, mar aon le plean tionsca[769]dail athbhreithnithe a ullmhú, i gcomhar leis na Ranna Urraíochta, a thabharfaidh aird mar is cuí ar chur i gcrích an phróisis athbhreithnithe mar bheart práinne.

D’aontaigh an CATT go ndéanfaí ordú ag an am cuí faoi alt 28(2)(b) den Acht um Chomhaontú na Breataine-na hÉireann 1999 (Uimh.1 de 1999) chun an tagairt do na heagraíochtaí atá liostaithe sa tábla sa mhír seo a bhaint. D’iarr an CATT tuarascáil eile ar an dul chun cinn maidir leis an bpróiseas athbhreithnithe ag an gcéad chruinniú eile den CATT i mí Feabhra 2012.

129. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources if he will provide a list of all appointments to State boards, including any appointments to the position of chairman (shown separately), that he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before an Oireachtas committee for questioning. [29263/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I can inform the Deputy that there are 18 State bodies under the aegis of my Department. Of these there are 15 whose boards are appointed in whole in or in part by the Minister and/or the Government. The table details the information requested on the board positions, including Chairpersons, which have been filled since I took office, taking into consideration requirements and qualifications set out in legislation governing the body, where applicable.

The Deputy will be aware, that following the Government Decision regarding new procedures for Appointments to State Boards, I publicly sought Expressions of Interest for appointments for vacancies which arise in bodies under the aegis of my Department in 2011.

Body	Appointee	Date of Appointment	Annual Board Fee Applicable	Vacancy Publicly Advertised Yes/No	Oireachtas Committee Appointment Yes/No
An Post	Mr Donal Connell	14/08/2011 (CEO of An Post — reappointed to the Board)	€15,750	No	No
	Mr James Wrynn	15/09/2011	€15,750	Yes	No
	Mr Paul Henry	15/09/2011	€15,750	Yes	No
Bord na Móna	Ms Denise Cronin	15/09/2011	€12,600	Yes	No
EirGrid	Dr Gary Healy	15/09/2011	€12,600	Yes	No
	Ms Regina Moran	15/09/2011	€12,600	Yes	No
	Mr Liam O’Halloran	15/09/2011	€12,600	Yes	No
	Ms Bride Rosney	15/09/2011	€12,600	Yes	No
ESB	Ms Noreen Wright	28/06/2011	€15,750	No	No
	Mr Seamus Mallon	Reappointed — 03/05/2011	€15,750	No	No
Irish National Petroleum Corporation Ltd	Mr Sean Fitzgerald	Reappointed 01/06/2011	€11,970	No	No
	Mr Vincent Caffrey	Reappointed 01/06/2011	€11,970	No	No
	Ms Aoife MacEvilly (DCENR)	11/04/2011	No fee applicable	No	No
National Oil Reserves Agency	Ms Aoife MacEvilly (DCENR)	11/04/2011	No fee applicable	No	No
Sustainable Energy Authority of Ireland	Ms Julie O’Neill	15/09/2011	€7,695	Yes	No
	Mr Michael Conlon	15/09/2011	€7,695	Yes	No

130. Deputy Thomas Pringle asked the Minister for Communications, Energy and Natural Resources the questions he has asked the Environmental Protection Agency to report on regarding the process of hydraulic fracturing; and if he will make a statement on the matter. [29279/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I am aware that concerns have been expressed about the potential impact of hydraulic fracturing on the environment and I take these concerns seriously. To that end, I have requested the Environmental Protection Agency (EPA) to conduct research and advise on the environmental implications of hydraulic fracturing as a means of extracting natural gas from underground reserves. However, I would point out that my Department has not received applications for, nor licensed the use of hydraulic fracturing in the Irish onshore at this time.

The three onshore petroleum licensing options awarded earlier this year are preliminary authorisations and are designed to allow the companies assess the natural gas potential of the acreage largely based on desktop studies of existing data. Exploration drilling, including drilling that would involve hydraulic fracturing is specifically excluded under these licensing options.

In the event that any of the companies involved decide to apply for an exploration licence that proposed the use of hydraulic fracturing, the application would have to be set out in detail and be supported by an environmental impact statement. The application would then be the subject of an environmental impact assessment which would include a public consultation phase. In assessing the application, my Department would also consult with other relevant statutory authorities such as the EPA and the National Parks and Wildlife Service before reaching any decision.

131. Deputy Thomas Pringle asked the Minister for Communications, Energy and Natural Resources if any consultation has taken place with him on recent issuing of an exploration license to a company (details supplied) for hydraulic fracturing in County Fermanagh; and if he will make a statement on the matter. [29280/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I can confirm that my Department has had informal contact with the Northern Ireland Authorities in relation to onshore petroleum authorisations in the North West Carboniferous Basin. The petroleum authorisations granted in both jurisdictions are at a very early stage and engagement will continue should these authorisations proceed to the drilling stage.

132. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural [771]Resources the position regarding Saorview in respect of an area (details supplied); and if he will make a statement on the matter. [29373/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Issues relating to television coverage in specific areas of the country are an operational matter for RTÉ. The Broadcasting Act 2009 provides for RTÉ to roll-out a digital TV network to the same extent as the analogue TV network. RTÉ has informed my Department that the current analogue TV network covers 98% of the population and that its new digital TV network called Saorview will also cover 98% of the population. RTÉ has developed a website providing information on the Saorview service including coverage information and this is available on its website www.saorview.ie.

In addition, RTÉ is planning to launch a new ‘free-to-air’ satellite service to cover the remaining 2% of the population. RTÉ is not obliged to provide a satellite service and is doing so on its own initiative. It is my understanding that, once the satellite service has launched, it will mean that Ireland will have a national TV network covering 100% of the population, for the first time. RTÉ is currently testing the satellite service to check, inter alia, coverage and other issues and to ensure the availability of satellite receivers, once it launches. RTÉ considers that the service will be ready to launch in early 2012.

133. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government when legislation will be enacted to regulate the metal recycling industry, in view of the increase in scrap metal theft; and if he will make a statement on the matter. [29171/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I am aware of the increased incidence of metal theft, which is a matter for the Garda in the first instance. Waste disposal and recovery activities in Ireland are required to hold an authorisation in accordance with the Waste Management Act 1996. Depending on the authorisation required, these activities are controlled either by the Environmental Protection Agency (EPA), in the case of higher risk facilities and larger scale activities, or by local authorities, and a variety of regulations exist including waste stream specific regulations for Waste Electrical and Electronic Equipment (WEEE) and End of Life Vehicles (ELVs).

The problem of large numbers of unauthorised ELV sites is high on the list of enforcement priorities and the Office of Environmental Enforcement — through its Enforcement Network of local authorities and other key agencies — is coordinating actions to deal with this problem. This has resulted in a significant decline in unauthorised facilities from over 300 in December 2008 to less than 50 currently, and I expect that a continued concerted multi-agency approach to enforcement will see this number decline further over the coming months. I am satisfied that all possible steps are being taken to address the issue and that existing powers in that regard are adequate to deal with the problem.

I am also aware of increased instances of unauthorised Waste Electrical and Electronic Equipment (WEEE) and End of Life Vehicles (ELVs) collections. Inadequately treated e-waste poses very significant environmental and health risks. Under the WEEE Regulations, retailers are obliged to take back WEEE from householders free of charge on a one-for-one like-for-like basis and members of the public can deposit household WEEE free of charge at local authority civic amenity facilities. All household WEEE deposited at retailers and civic amenity facilities is collected and recycled by two approved collective compliance schemes, [772]WEEE Ireland and the European Recycling Platform (ERP), and is treated in the appropriate manner.

Where the registered owner of a specified vehicle intends to discard that vehicle as waste, the End of Life Vehicle Regulations place an obligation on the owner to deposit that vehicle at an authorised treatment facility for appropriate treatment and recovery. This service is free of charge to members of the public and only authorised treatment facilities can issue a Certificate of Destruction. The Regulations also impose improved environmental standards to ensure that when a vehicle is scrapped, as much material as possible is recovered and recycled and that it takes place in a way that does not harm the environment.

In addition, in a drive to boost recycling markets, the European Union has adopted quality criteria for iron, steel and aluminium scrap, with similar rules in the pipeline for other materials such as copper. Council Regulation (EU) No 333/2011, which came into operation on 9 October 2011, sets out conditions to be fulfilled for each scrap material before it can be freely traded within the EU’s internal market. Iron, steel and aluminium scrap should be sufficiently pure and meet the relevant scrap standards or specifications required by the metal producing industry. The new regulation is expected to create legal certainty and a level playing field for the recycling industry, and remove administrative burdens for the recycling sector by releasing safe and clean secondary raw materials from the scope of waste legislation.

134. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a submission (details supplied) by the Irish Farmers’ Association regarding the spreading of slurry; and if he will make a statement on the matter. [29184/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Nitrates Directive and Ireland’s Nitrates Action Programme are given legal effect by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010. The objective of the Regulations is to protect ground and surface waters, including drinking water sources, primarily through the management of livestock manures and other fertilisers.

Good agricultural practice involves the application of fertilisers as early as practicable in the growing season, in order to maximise the uptake of nutrients by crops and to minimise pollution risks to water. In accordance with the requirements of the Nitrates Directive, the Regulations provide for periods when the application of certain types of fertilisers is prohibited. In addition, the Regulations prohibit such application at any time of the year when the ground is frozen, waterlogged or heavy rain is forecast.

The Irish Farmers Association has requested a deferral of the start of the closed period by 2 weeks, given the abnormally high rain fall during the month of September. I have considered this application in conjunction with my colleague, the Minister for Agriculture, Fisheries and Food. We recognise that the adverse weather conditions experienced in Ireland during September, in particular, have caused significant hardship for farmers and have made it extremely difficult to carry out regular farming activity. Consequently, I have decided, as an exceptional measure, to grant a two week extension to the period during which slurry may be spread, up to 31 October 2011.

135. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will provide a list of all appointments to State boards, including any [773]appointments to the position of chairman (shown separately) that he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before an Oireachtas committee for questioning. [29266/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested is set out in the table.

Agency / Board	Name of Appointee	Remuneration	Position Advertised	Appeared before Oireachtas Committee
An Bord Pleanála	Dr. Mary Kelly (Chairperson)	Linked to the pay of a High Court judge	Yes	N/A
Building Regulation Advisory Board (BRAB)	Mr Aidan O’Connor (DECLG)	Nil	No	N/A
BRAB	Mr Paul Kelly	Nil	No	N/A

Appointments to the Board of An Bord Pleanála are governed by sections 105 to 107 of the Planning and Development Acts 2000 to 2011 and articles 56 to 65 of Part 7 of the Planning and Development Regulations 2001, as amended.

Ordinary members are appointed from among nominees put forward by organisations, specifically prescribed for the purpose of making nominations for appointments as ordinary members of An Bord Pleanála. The position of Chair is advertised publicly. A new Chairperson, Dr. Mary Kelly, appointed by the Government in accordance with section 105 of the Planning and Development Acts 2000-2011, commenced her seven year term on 29 August 2011. The Chairperson of An Bord Pleanála holds office on such terms and conditions as are determined by the Minister for the Environment, Community and Local Government with the consent of the Minister for Finance and in accordance with section 106(14) of the Planning and Development Acts 2000-2011. While the pay of the Chairperson of the Board of An Bord Pleanála is currently linked to the pay of a judge of the High Court (€206,616), it will be adjusted downwards to not more than a new entrant Secretary General Level 3 on enactment of legislation scheduled for later this year.

The two appointments to the Building Regulations Advisory Board (BRAB) preceded the Government decision on advertising vacancies on State Boards.

In July 2011 my Department placed a notice on its website seeking expressions of interest from suitably qualified and experienced persons for consideration for appointments to State Bodies under its remit. Initially there were only vacancies in Irish Water Safety to be filled, but the notice pointed out that any expressions of interest would be kept on file and considered once a vacancy arises.

All appointments will be made in accordance with the legislation governing appointments to each body. The Minister will not be restricted to considering only those who have responded to this invitation. In considering applications due regard will be given to Government policy on gender balance on State Boards.

The website has been updated recently to include a specific call for expressions of interest from suitably qualified and experienced persons for appointments to a number of positions and other vacancies will be advertised as they arise. It is the Government’s position that those proposed for appointment as Chairs of State Boards would make themselves available to the appropriate Oireachtas Committee.

136. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the EU regulations on emissions and air pollution that apply to the operation of crematoriums; and if he will make a statement on the matter. [29313/11]

137. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government his views on amendments to the Local Government (Sanitary Services) Act 1948 in terms of the regulation of crematoriums here; and if he will make a statement on the matter. [29314/11]

138. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government his plans to establish a licensing regulatory authority for the establishment and operation of cemeteries; and if he will make a statement on the matter. [29315/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 136 to 138, inclusive, together.

There are no specific regulations governing crematoria in Ireland. My Department is not aware of any EU Directive on crematoria, nor are there specific provisions in the Air Pollution Act 1987 that apply to crematoria. However, the establishment and operation of a crematorium would be subject, where applicable, to the provisions of certain other legislation dealing with planning and development, environmental protection and air pollution. The provisions of the legislation on planning and environmental issues are sufficient to deal with the establishment of crematoria and I have no evidence to suggest that the matter warrants further regulation.

Under the Local Government (Sanitary Services) Acts, 1878 to 2001, local authorities are deemed to be burial boards for their respective functional areas. Acting in their capacity as burial boards, local authorities are responsible for the management, regulation and control of burial grounds in their functional area. With the coming into effect of the Local Government Act 1994 Ministerial consent for the use of land as a burial ground is no longer required. Therefore, ensuring the adequate provision of burial facilities, in their functional areas, is entirely a matter for the relevant local authority.

139. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if demolition is being considered in the case of some badly planned and unrequired ghost estates in the control of the National Asset Management Agency and unfinished developments that would prove cost prohibitive to complete; and if he will make a statement on the matter. [29316/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I am of the view that significantly completed housing is a potentially valuable resource and any consideration of demolition is a serious step, particularly in light of housing demand and social housing need. Notwithstanding this, my Department is aware that debtors and financial institutions, including NAMA, are considering the best long term solutions for their sites and in some cases this may include the removal of partially constructed or vacant buildings. This is a matter for those developers, receivers and financial institutions.

140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate [775]the requirements to obtain naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29188/11]

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

I shouldremind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality having regard to the serious break-in on 21 March 2011 last at the home of a person (details supplied) in County Kildare, the extent to which Garda divisional response can come from the nearest Garda station in a life-threatening situation rather than having to await Garda response from a station almost 20 miles away; if those involved have been apprehended in this case; and if he will make a statement on the matter. [29189/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that local Garda management is aware of the incident at the location referred to by the Deputy. Garda personnel from a Garda Station approximately seven miles from the location, who were on duty patrolling the Garda Sub-District, attended the scene around 20 minutes after the incident was reported. The incident remains under Garda investigation. The Garda Divisional Crime Prevention Officer has provided crime prevention and personal security advice to the person referred to.

142. Deputy Catherine Byrne asked the Minister for Justice and Equality when an application for naturalisation will be processed in respect of a person (details supplied); and if he will make a statement on the matter. [29224/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was granted permission to remain in the State on 2nd June, 2005 under the Revised Arrangements for the non-EEA national parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 scheme. This permission to remain was renewed and is currently valid to 25th April, 2012.

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service that a valid application for a Certificate of Naturalisation was received from the person concerned in August, 2010. This application is currently being processed with a view to establishing [776]whether the person concerned meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

143. Deputy Ciarán Lynch asked the Minister for Justice and Equality if he will review the licensing laws as they apply to the bar trade, especially in regard to opening and closing times; his plans to bring legislation before Dáil Éireann regarding the sale of alcohol; and if he will make a statement on the matter. [29225/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Government Legislation Programme provides for the publication of the Sale of Alcohol Bill in early 2012. This Bill will modernise all the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2010, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined and updated provisions. I will consider submissions in relation to the Bill from interested parties, including submissions on licensing hours, before finalising its contents.

144. Deputy Finian McGrath asked the Minister for Justice and Equality with regard to the deployment of gardaí at District Court cases, the position of Garda Síochána policy with regard to the presence of gardaí during sittings of District Court cases; if there is ever a situation where a District Court sitting is not supervised by gardaí; and if he will make a statement on the matter. [29227/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that while there is no legislative provision for members of An Garda Síochána to perform duty in the Courts, it is organisational policy for members of An Garda Síochána to be deployed to supervise district court sittings. The member-in-charge of the Garda sub-district where a courthouse is situated will detail a sufficient number of members of An Garda Síochána to keep order during the court hearings, to ensure that proceedings are not disturbed and to enforce any order or direction of the Judge regarding conduct in the court. Where there is a jury, a Garda member is detailed specifically to take charge of it.

145. Deputy Anne Ferris asked the Minister for Justice and Equality if a publicly accessible website will be introduced to access the disciplinary findings on misconduct by solicitors and barristers such as currently exists in the United Kingdom with its Bar Standards Board and Solicitors Regulation Authority; and if he will make a statement on the matter. [29233/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will be aware that the Legal Services Regulation Bill 2011 was published on 12 October 2011. The Bill provides for a new complaints procedure whereby complaints of misconduct against solicitors and barristers will be considered and determined within an independent and transparent framework by the Legal Practitioners Disciplinary Tribunal and the High Court. Where there is a finding of misconduct, provision is made under section 66(3) and (4) of the Bill for publication of determi[777]nations of the Tribunal and Orders of the High Court. The Legal Services Regulatory Authority will be able to publish such determinations and orders on a publicly accessible website.

As matters stand the Law Society of Ireland provides on its website a publicly searchable database of the disciplinary records of solicitors. The database contains all findings of misconduct made by the Solicitors Disciplinary Tribunal on or after 1 January 2004. Where the finding of misconduct is sent to the High Court for a decision on sanction the details of the High Court Order are also included in the database.

The Disciplinary Code for the Bar of Ireland provides that decisions of the Barristers Professional Conduct Tribunal and the Barristers Professional Conduct Appeals Board imposing on a barrister one or more of the disciplinary measures provided for in the Code shall be published on the Bar Council website and in such other manner as it may think fit. The General Rules of King’s Inns provide that all adverse disciplinary findings where a barrister is disbarred or suspended shall be published in a transparent and searchable manner on a website maintained by the Society or other suitable publication.

146. Deputy Michael McGrath asked the Minister for Justice and Equality if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the relevant Oireachtas committee for questioning. [29271/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that the information requested is as follows:

1. Equality Authority

I have re-appointed the outgoing Board of the Equality Authority until the end of February 2012, by which time, I intend to have the necessary legislation in place to establish a new and enhanced Human Rights and Equality Commission.

Mr. Christy Lynch (vice-chairperson)

Chairperson —€11,970 per annum

Ordinary Member —€7,695 per annum

2. Judicial Appointments Advisory Board

Ordinary Members

Dr. Simon Boucher

Ms. Karen Dent

Dr. Valerie Bresnihan

All of the above were appointed with effect from 7 June 2011.

Fees

No remuneration or expenses apply to these appointments

3. Mental Health (Criminal Law) Review Board

Chairperson

Judge Brian McCracken was re-appointed as Chairperson with effect from 27 September 2011

Both of these were appointed with effect from 27 September 2011

Fees

€250 per case reviewed.

[779]

4. Parole Board

Chairperson

Mr. John Costello was appointed with effect from 26 July 2011.

Ordinary Member

Ms. Ciarin de Buis was appointed with effect from 26 July 2011.

Fees

Chairperson

€11,970 per annum. A per diem payment of €149.75 is paid in respect of each visit to a prison for the purpose of interviewing prisoners in connection with the review of their case by the Parole Board subject to an overall limit of €12,600 per annum. Travel and subsistence allowances are paid in accordance with Civil Service regulations.

Ordinary Member

€7,695 per annum. The same per diem and travel and subsistence arrangements as those for the Chairperson apply.

5. Property Registration Authority

Ordinary Member

Ms. Deirdre Fox was appointed with effect from 4 August 2011.

Fees

Ordinary Member —€11,970 per annum

I can inform the Deputy that none of the above positions were publicly advertised and none of the persons listed above have appeared before the Oireachtas committee for questioning.

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of the case of a person (details supplied) in County Dublin will take place; and if he will make a statement on the matter. [29288/11]

Minister for Justice and Equality (Deputy Alan Shatter): It is not clear from the Deputy’s question what exactly the person in question is seeking. As there is no application from the person in question, they should be advised to contact the General Immigration section of INIS outlining the nature of their query.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when [780]stamp 4 will be updated in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29306/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was granted permission to remain in the State on Stamp 4 conditions on 6th October, 2009. This decision had regard for the fact that the person concerned was, at the time the decision was made, a dependant child of a non-EEA national parent of a child born in Ireland before 1st January, 2005 who was granted permission to remain in the State in 2000 as the parent of an Irish born citizen child. The person concerned has current permission to remain in the State until 17th October, 2011. She has made an application for the renewal of this permission. This renewal application is under consideration at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

149. Deputy Michael Moynihan asked the Minister for Justice and Equality the position regarding an outstanding application for naturalisation in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29331/11]

150. D’fhiafraigh Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cén treoir atá tugtha aige don tSeirbhís Chúirteanna maidir le seirbhís chúirte a chur ar fáil sa Ghaeltacht; agus an ndéanfaidh sé ráiteas ina thaobh. [29376/11]

151. D’fhiafraigh Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais an bhfuil aon eolas tugtha aige don tSeirbhís Chúirteanna maidir le tithe cúirte atá i gceist acu a dhúnadh [781]agus má tá, an bhfuil Cúirt Dhoire an Fhéich ina measc; agus an ndéanfaidh sé ráiteas ina thaobh. [29377/11]

Minister for Justice and Equality (Deputy Alan Shatter): Tógfaidh mé Ceisteanna Uimh. 150 agus 151 le chéile.

Iarraim ar an Teachta féachaint ar an bhfreagra a thug mé ar Cheisteanna 277, 278 agus 279, ar an 21 Meitheamh 2011, ina ndúirt mé. Is ceart dom a chur in iúl don Teachta, cé nach bhfuil amhras ar bith ná go bhfuil an Teachta ar an eolas faoi seo, go bhfuil an tSeirbhís Chúirteanna, faoi fhorálacha alt 5 den Acht um Sheirbhís Chúirteanna 1998, freagrach go neamhspleách as foirgnimh chúirte a sholáthar, a bhainistiú agus a chothabháil. Chuireas fiosrúcháin á ndéanamh, áfach, agus tá curtha in iúl dom go gcuirtear seirbhísí trí mheán na Gaeilge ar fáil faoi láthair sa teach cúirte i nDoire an Fhéich, Casla, Conamara, Co. na Gaillimhe. Suíonn an chúirt uair sa mhí agus dhéileáil sí le 607 cás i rith 2010.

Tá curtha in iúl dom thairis sin go bhfuil athbhreithniú eagrúcháin agus éifeachtúlachta á dhéanamh ag an tSeirbhís Chúirteanna ar a cuid oibríochtaí ar fud na tíre, agus é mar chuspóir ar leith ag an athbhreithniú sin a chinntiú gur féidir seirbhísí líne tosaigh a choinneáil sna cúinsí atá ann faoi láthair.

Tá dearbhaithe ag an tSeirbhís Chúirteanna go bhfuil teach cúirte Dhoire an Fhéich, agus áiseanna agus oibríochtaí coimhdeacha an tí cúirte sin, san áireamh san athbhreithniú réamhluaite sin. Táthar tar éis a dheimhniú dom go bhfuil gach rogha atá ar fáil á breithniú mar chuid den athbhreithniú agus go dtuigeann an tSeirbhís ach go háirithe go bhfuil Doire an Fhéich suite i limistéar Gaeltachta agus go ndéanfar é sin a bhreithniú go cuí i gcúrsa an athbhreithnithe.

Tá curtha in iúl dom go bhfuil beann ag an tSeirbhís Chúirteanna ar a cuid oibleagáidí faoi alt 8 d’Acht na dTeangacha Oifigiúla 2003. Glacann an tSeirbhís Chúirteanna cúram chun a chinntiú go gcuirtear seirbhísí cúirteanna ar fáil sa phríomhtheanga oifigiúil i gcás ina gcuireann aon pháirtí in aon imeachtaí cúirte in iúl gur mian leis nó léi a cheart nó a ceart a fheidhmiú maidir leis sin.

152. Deputy Anne Ferris asked the Minister for Justice and Equality if he will provide a list of payments earned from a State or semi-State contract or tribunal that each junior counsel and senior counsel barrister of the current Bar Council has received; if he will provide a breakdown for same for the past ten years; and if he will make a statement on the matter. [29379/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to advise the Deputy that it has not been possible to provide the information required in the time available. However, the information is currently being collated and will be sent to the Deputy as soon as possible.

153. Deputy Joanna Tuffy asked the Minister for Justice and Equality the position regarding the need for the law regarding wards of court to be reformed in order that relatives of the wards of court can more easily take decisions for the benefit of the ward of court; and if he will make a statement on the matter. [29380/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Government Legislation Programme indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will reform the law on mental capacity and will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. [782] Under the Bill the courts will be empowered to appoint appropriate persons, who may be family members, as personal guardians for those lacking the capacity to manage their own affairs. The Bill will contain guiding principles to assist personal guardians as well as the court in making decisions on behalf of the person. The statutory guiding principles will require in particular that any act done or decision made on behalf of the person must be in that person’s best interests.

154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29390/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 3rd December, 2007 and applied for asylum. His application was refused following detailed consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12th January, 2010, that it was proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 17th August, 2011. The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of him on 21st September, 2011. This Order was served by registered post dated 23rd September, 2011.

As a person subject of a Deportation Order, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau. The effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [29391/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned has been granted permission to remain in the State for the three year period to 28th July, 2014. This position was notified to the person concerned by letter dated 28th July, 2011. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made [783]directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [29392/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 23rd June, 2008, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The Judicial Review proceedings were refused by the High Court on 13th July, 2010 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [29393/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 7th July, 2006 and applied for asylum three days later on 10th July, 2006. Her application was refused following detailed consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17th September, 2009, that it was proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why she should not be [784]deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 1st February, 2011. The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of her on 7th February, 2011. This Order was served by registered post dated 15th February, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. The person concerned was deported from the State on 11th May, 2011.

If there has been a change in the circumstances of the person concerned, or if new information has come to light which has a direct bearing on her case, there remains the option of applying to me for revocation of her Deportation Order pursuant to the provisions of Section 3(11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29394/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 14th October, 2007 and applied for asylum. His application was refused following detailed consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27th March, 2009, that it was proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th August, 2011. The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deport[785]ation Order was made in respect of him on 20th September, 2011. This Order was served by registered post dated 22nd September, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

As the person concerned remains the subject of a Deportation Order, he is required to leave the State and remain thereafter out of the State. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29395/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 17th March, 2008 and applied for asylum. Her application was refused following detailed consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th May, 2010, that it was proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th August, 2011. The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of her on 20th September, 2011. This Order was served by registered post dated 22nd September, 2011. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. As the person concerned remains the subject of a Deportation Order, she is required to leave the State and remain thereafter out of the State.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29396/11]

[786]Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 19th July, 2003 and applied for asylum on 21st July, 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11th November 2004, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should not have a Deportation Order made against him.

The case of the person concerned was examined under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Consideration was given to all representations submitted on his behalf before a Deportation Order was made in respect of him on 11th March, 2005. This Order was served by registered post dated 1st April, 2005 which placed a legal obligation on the person concerned to attend at the Offices of the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 14th April, 2005 in order to make arrangements for his deportation from the State. The person concerned failed to attend as directed and was therefore classified as a person evading his deportation.

On 19th April, 2005, the person concerned applied for asylum in the United Kingdom. Once it was established by the UK immigration authorities that the person concerned had an immigration history in this State, arrangements were made to have the person concerned returned to this State. The person in question was formally returned to Ireland on 27th June, 2005. By letter dated 19th February, 2007, the legal representative of the person concerned lodged an application for the revocation of the Deportation Order pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended) and also lodged an application for Subsidiary Protection pursuant to the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

Following consideration of the Section 3(11) application, a decision was taken by the then Minister to affirm the existing Deportation Order. In relation to the application for Subsidiary Protection, the legal representative of the person concerned was advised that as his client was the subject of a Deportation Order, he must apply to the Minister, under Regulation 4(2) of the Subsidiary Protection Regulations, to exercise his discretion to enable an application for Subsidiary Protection to be considered. The relevant legal representative was also advised that any such application would need to be supported by evidence of new facts or circumstances relevant to the person concerned or to his country of origin which had arisen since the original decision to deport was made.

By letter dated 7th December, 2007, the legal representative of the person concerned lodged an application under Regulation 4(2) of the Subsidiary Protection Regulations. This application was carefully considered before a decision was taken to refuse the application. The person concerned, and his legal representative, were advised of this decision by letter dated 13th March, 2008. This communication also directed the person concerned to attend at the Offices of the GNIB on 27th March, 2008 in order to make arrangements for his removal from the State.

The person concerned remains the subject of a Deportation Order the effect of which is that he must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

[787]I shouldremind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29397/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned is an asylum applicant. However, the Deputy will be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made. The person concerned has separately submitted documentation to my Department to advance her case to remain in the State based on the principles of the Zambrano Judgment. Her case is under consideration at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29398/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned is the subject of a Deportation Order made on 3rd August, 2004 following the refusal of her asylum application and a comprehensive examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The person concerned, in June, 2010, sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). This application was given careful consideration before a decision was made to refuse the application. This decision was communicated to the person concerned through the medium of a letter dated 2nd July, 2010 sent to her then legal representative.

The person concerned remains the subject of a Deportation Order the effect of which is that she must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29399/11]

[788]Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 10th August, 2004 and applied for asylum. His application was refused following detailed consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14th November, 2005, that it was proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why he should not be deported. He was subsequently advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th March, 2011.

The person concerned remains the subject of a Deportation Order, the effect of which is that he must leave the State and remain thereafter out of the State. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29400/11]

Minister for Justice and Equality (Deputy Alan Shatter): The persons concerned are a husband and wife, who lodged separate asylum applications in 2005, and their two children who also lodged separate asylum applications in 2007 and 2009 respectively. Their respective asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, by letters dated 19th January, 2010 and the second child by letter dated 30th April, 2010, that the then Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Mini[789]ster setting out the reasons why a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29401/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned has had his temporary permission to remain in the State renewed for a further three year period, to 8th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 13th April, 2011.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29403/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned has had her temporary permission to remain in the State renewed for a further three year period, to 14th April, 2014. This decision was conveyed in writing to the person concerned by letter dated 13th April, 2011.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [29404/11]

[790]Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 15th April, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in respect of an application for residency in the case of a person (details supplied); and if he will make a statement on the matter. [29405/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9th June, 2011, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29406/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State on 14 June, 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, commonly known as the IBC/05 Scheme. This permission to remain was renewed in 2007 and in 2010, and is currently valid until 14 June, 2013. Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s question.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be outlined to date in respect of determination of residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [29407/11]

Minister for Justice and Equality (Deputy Alan Shatter): There is currently no application pending in my Department for residency in the case of the person whose details were supplied. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which make recommendations to me on whether such status should be granted. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on specific cases.

171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of the re-issue of a certificate of registration in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [29408/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned has had his temporary permission to remain in the State renewed for a further three year period, to 14th May, 2014. This decision was conveyed in writing to the person concerned by letter dated 30th May, 2011.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29409/11]

[792]Minister for Justice and Equality (Deputy Alan Shatter): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in June 2010. On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued to him on 17 June, 2010. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in respect of an application for family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29410/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Naturalisation and Immigration Service (INIS) that a decision issued to the person referred to by the Deputy on 13th September 2011. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

174. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29411/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18th May, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

[793]I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of a family reunification case in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29412/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalisation and Immigration Service (INIS) that the first person referred to by the Deputy was granted permission to remain in the State on 5th August, 2005 under the Revised Arrangements for the non-EEA national parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme. This permission to remain has been renewed and is currently valid to 5th August, 2013.

The Deputy should note that the position in the State of the first person referred to is not such as would bring any entitlement to family reunification, a facility which is only available to persons recognised as refugees or with Subsidiary Protection status. The position in the State of the second, third and fourth named persons fall to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

I would remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specially established for this purpose. The service enables up-to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

176. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29413/11]

177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if details of residency permission updates granted since 1998 will be furnished in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [29414/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my Reply below to Parliamentary Question No. 218 of Thursday, 7th July, 2011. That position is unchanged. The person concerned was granted permission to remain in the State for an initial [794]one year period. This decision was conveyed in writing to the person concerned by letter dated 20th April, 2006. This permission to remain was subsequently renewed and is currently valid to 29th May, 2013. Each period of permission to remain became operative once the person concerned had completed the registration process with the Garda National Immigration Bureau (GNIB).

If the person concerned requires a letter detailing his reckonable residency in the State, he should send a request in writing to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be taken in respect of an application for residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29415/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 381 of Tuesday, 17th May, 2011 — copied beneath. The position in the State of the person concerned is unchanged since that date.

The person concerned is the subject of a Deportation Order, signed on 13 January 2011, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

179. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29416/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th June, 2010, that the then Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

[795]The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her child, will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

180. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29417/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned applied for asylum on 16th September, 2004. Three of her children were included in her application. Her asylum application was successful and the person concerned was issued with a formal declaration of refugee status by letter dated 27th October, 2005 with this status applying equally to her three children. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State, one of which was that she would be permitted to reside in the State on Stamp 4 conditions.

Information came to light which suggested that the grant of refugee status may have been founded on false information and as a result the person concerned was notified by letter dated 3rd July, 2009 that the then Minister was proposing to revoke her refugee status in accordance with the provisions of Section 21(1)(h) of the Refugee Act 1996 (as amended) as it appeared that she had given false and misleading information during the course of her asylum application. She was informed that she had 15 working days from the date of that letter to make representations to the Minister in this regard. The person concerned made representations to the Minister within the specified period.

Following the review of the case of the person concerned, including all representations submitted, the then Minister decided to revoke her status as a refugee. The person concerned was notified of this decision by letter dated 4th December, 2009. This letter also informed her of her entitlement to appeal this decision to the High Court under Section 21(5) of the Refugee Act 1996 (as amended). Arising from the revocation of her refugee status, the person concerned no longer enjoys the benefits accruing from refugee status in the State and therefore her permission to reside in the State, and that of her three children, under Stamp 4 conditions was withdrawn.

The person concerned was notified by letter dated 15th January, 2010 that as she no longer had an entitlement to remain in the State, the then Minister proposed to make Deportation Orders in respect of her and her three children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her three children. In addition, she was [796]notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her three children, will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

It is noted that the address supplied in the Deputy’s Question does not match the address currently on record in my Department. If, as it appears, the person concerned has changed address, she is legally obliged to communicate such an address change to my Department and, as such, she should do so without further delay.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Question system.

181. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [29418/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned is the subject of a Deportation Order, made on 9th December, 2010, following a comprehensive and thorough examination of his asylum claims, his application for Subsidiary Protection and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [29419/11]

Minister for Justice and Equality (Deputy Alan Shatter): The persons concerned are a husband and wife, who lodged separate asylum applications in 2009 and 2008 respectively, and their adult daughter who lodged an asylum application in 2009. Their respective asylum appli[797]cations were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), they were separately notified, the husband and wife by letters dated 8th April, 2010 and their daughter by letter dated 7th July, 2010, that the then Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

183. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency, notwithstanding an order to deport, in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29420/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 214 of Thursday, 22nd September, 2011 — copied beneath. The position in the State of the person concerned is unchanged since that date.

The person concerned is a failed asylum applicant, having claimed asylum in the State in November, 2003. His asylum claim was investigated by the Offices of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. Against this background, I am satisfied that the asylum claim of the person concerned was fairly and comprehensively examined before a decision to refuse it was arrived at. I am equally satisfied that the representations submitted by and on behalf of the person concerned, for consideration under Section 3 of the Immigration Act 1999 (as amended), were given the fullest consideration under all the relevant headings before a decision was taken to make a Deportation Order in respect of him, on 2nd December, 2005. Overall, I am satisfied that the decision taken to deport the person concerned is justified.

The person concerned remains the subject of a Deportation Order. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter [798]out of the State. As the person concerned has not yet left the State, the enforcement of the Deportation Order is now an operational matter for the Garda National Immigration Bureau.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in Carlow; and if he will make a statement on the matter. [29421/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned entered into the State in August 2005 and has remained in the State since that time without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th July, 2010, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for a Garda National Immigration Bureau card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29422/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned was granted permission to remain in the State in January, 2003 based on her parentage of an Irish born citizen child. This permission to remain has been renewed on a number of occasions since that time with the last such renewal having expired on 28th March, 2011. The person concerned has applied to the Garda National Immigration Bureau to have her permission to remain further renewed.

However, it has not been possible to have this renewal process completed owing to a difficulty arising with some of the documentation presented by the person concerned during the course of her application for renewal. As a result, the case of the person concerned has been referred back to my Department by the Garda National Immigration Bureau for examination. A representative of my Department wrote to the person concerned on 15th July, 2011 to advise [799]her of the steps she must take to rectify the documentation related issue. Upon receipt of the requested documentation, the case of the person concerned can be considered further.

186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for a Garda National Immigration Bureau card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29423/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned was granted permission to remain in the State in January, 2003 based on his parentage of an Irish born citizen child. This permission to remain has been renewed on a number of occasions since that time with the last such renewal having expired on 28th March, 2011. The person concerned has applied to the Garda National Immigration Bureau to have his permission to remain further renewed.

However, it has not been possible to have this renewal process completed owing to a difficulty arising with some of the documentation presented by the person concerned during the course of his application for renewal. As a result, the case of the person concerned has been referred back to my Department by the Garda National Immigration Bureau for examination. A representative of my Department wrote to the person concerned on 15th July, 2011 to advise him of the steps he must take to rectify the documentation related issue. Upon receipt of the requested documentation, the case of the person concerned can be considered further.

187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for a stamp 4 visa in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29424/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was the subject of a Family Reunification Application which was approved on 2, September 2005. I am also informed by INIS that a letter outlining the residency status of the person referred to was issued by the Family Reunification Section on 30th August 2011.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures [800]to be followed in respect of an application for naturalisation in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29425/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position with respect to an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29426/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 15th May, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [29427/11]

[801]Minister for Justice and Equality (Deputy Alan Shatter): The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 10th March, 2005, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

Representations were submitted by the person concerned at that time. On 27th May, 2010 the person concerned submitted an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29428/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 282 on Tuesday, 12th April, 2011. The up to date position is that the case of the person concerned was considered under Section 3(11) of the Immigration Act 1999 (as amended). The outcome of that consideration was the earlier decision to make a Deportation Order in respect of the person concerned was affirmed. The person concerned remains the subject of a Deportation Order and, as such, she is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [29429/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 9th January, 2002 and applied for asylum. The Refugee Applications Com[802]missioner refused him a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. A Deportation Order was made in respect of him on 26th August, 2004 and affirmed on 30th June 2011. The person concerned instituted Judicial Review proceedings on 20th July 2011 challenging the Deportation Order made in respect of him and the refusal to revoke it and accordingly, as the matter is sub judice, I do not propose to comment further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [29430/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18th February, 2002, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received from and on behalf of the person concerned.

The person concerned applied for permission to remain in the State on the basis of being a parent of an Irish born citizen child, born before 1st January, 2005, in accordance with the revised arrangements announced by the then Minister on 15th January, 2005, commonly referred to as the IBC/05 scheme. His application was refused as he did not meet the Scheme’s good character requirements. He was notified of this decision by letter dated 8th September, 2005. By letter dated 26th January, 2010, the person concerned was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on his case. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

[803]

194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29431/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th March, 2011, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her child, will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in Dublin 11; if residency will be granted on humanitarian grounds in view of the special needs of the child; and if he will make a statement on the matter. [29432/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 19th August, 2010, that the then Minister proposed to make Deportation Orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her two children. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned, and that of her two children, will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All [804]representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29433/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my detailed Reply — details of which follow — to his earlier Parliamentary Question, No. 383 of Tuesday, 17th May, 2011. The position is unchanged since then.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th March, 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

On 2nd August, 2006, a formal “take back” request was received from the United Kingdom in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in the United Kingdom. This request was accepted by Ireland and arrangements were made for his return from the United Kingdom to Ireland on 14th August, 2006.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

It is noted that the address of the person concerned as supplied by the Deputy does not match the address currently on record in my Department for the person concerned. As it is incumbent on an applicant to notify my Department when they change address, the person concerned should inform my Department of his up to date address without further delay.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of reviewing an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29434/11]

[805]Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 7th July, 2006 and applied for asylum on 10th July 2006. Her application was refused following detailed consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 21st September, 2009, that it was proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 1st February, 2011.

The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of her on 7th February, 2011. This Order was served by registered post dated 15th February, 2011 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. The person concerned was deported from the State on 11th May, 2011.

The case of the person concerned was given careful and detailed consideration at all stages of the asylum and immigration processes. All representations submitted by and on behalf of the person concerned were given the fullest consideration before the decision to make a Deportation Order was taken. Against this background, I see no reason to re-visit the case of the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

198. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of deferring a deportation order in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29435/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 20th August, 2008 and applied for asylum. Her application was refused following detailed consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th March, 2009, that it was proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations [806]setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned, through her then legal representative, submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

The case of the person concerned was considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of her on 19th May, 2009. This Order was served by registered post dated 29th May, 2009 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

If there has been a change in the circumstances of the person concerned, or if new information has come to light which has a direct bearing on her case, there remains the option for her to apply to me for the revocation of her Deportation Order pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). However, any such application would need to reflect substantially changed circumstances on the part of the person concerned or her country of origin before it had any chance of a successful outcome.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [29436/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24th August, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those of a medical nature, will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

[807]I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

200. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [29437/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned arrived in the State on 24 April 2008 and applied for asylum on the same date. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal and she was notified that she was not eligible for subsidiary protection on 8 June 2011. The person concerned instituted Judicial Review proceedings on 1 July 2011 challenging the Subsidiary Protection decision made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29438/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7th October, 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 28th September, 2011. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

[808]

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29439/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the permission to remain in the State of the person in question expired on the 31st August 2010 and he has made no further application for permission to remain. I should point out that as provided for in Section 5 of the Immigration Act 2004 no non-national may remain in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister for Justice and Equality. A non-national who contravenes this requirement is for all purposes unlawfully in the State. There is no application currently on hand from the person concerned; if he remains in the State he should immediately contact INIS in relation to his residence in the State.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [29440/11]

Minister for Justice and Equality (Deputy Alan Shatter): Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th February, 2007, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that she was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 29th September, 2010. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on her case.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

204. Deputy Michael McGrath asked the Minister for Defence if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29264/11]

Minister for Defence (Deputy Alan Shatter): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Act 2002 provides that the Board shall consist of at least eight but not more than fourteen members who shall be appointed by the Minister for Defence. Legislation is currently being drafted to dissolve the Civil Defence Board and transfer the functions of the Board back into the Department of Defence. I appointed the current Board as an interim measure from 11 July 2011. Membership of the interim Board appointed from 11 July 2011 is set out in the following table:

Name	Nominating Bodies
Civil Defence Board Chairperson
Mr. Brian Spain Director, Department of Defence	Nominated by the Minister for Defence
Civil Defence Board Members
Mr. Cathal Duffy Principal Officer, Department of Defence	Nominated by the Minister for Defence
Ms. Clare Tiernan Principal Officer, Department of Defence	Nominated by the Minister for Defence
Mr. Robert Mooney Principal Officer, Department of Defence	Nominated by the Minister for Defence
Mr. Bill Smith Director General, Civil Defence Board	Appointed as Director General, Civil Defence Board
Mr. Ned Gleeson County Manager, Limerick City Council	Nominated by City & County Managers Association
Mr. Keith Leonard Assistant Fire Advisor	Nominated by the Minister for Environment, Community and Local Government
Dr. Barbara Rafferty	Nominated by Radiological Protection Institute of Ireland
Ms. Becci Cantrell	Nominated by the Environmental Protection Agency
Ms. Veronica Forde Assistant Civil Defence Officer	Nominated by the Civil Defence Officers Association
Lt. Col. Tony Kelly SSO, Defence Forces	Nominated by the Chief of Staff of the Defence Forces
Detective Superintendent Orla Mc Partlin An Garda Síochána	Nominated by the Commissioner of An Garda Síochána
Mr. Fergal Conroy	Elected volunteer member of Civil Defence
Ms. Eileen Joyce	Elected staff member of the Civil Defence Board

There is no remuneration attached to membership of the Civil Defence Board. However, members are entitled to claim reimbursement of travel and subsistence expenses in accordance with Department of Finance guidelines.

No appointments have been made to the Army Pensions Board or to the Board of Coiste an Asgard since I took office as Minister for Defence. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was [810]provided in 2010 or 2011. No appointments have been made since that decision was taken and the Board will be dissolved shortly.

205. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food in view of the importance of the direct payments to farm incomes, if he will ensure that at all times every possible effort is made to ensure that family farms will continue to remain viable and that he will do everything in his power to help in this matter; and if he will make a statement on the matter. [29186/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As is clear, while the timing of all direct aid payments to farmers is crucial, it is the Single Farm Payment that is of most importance to farmers, given that it represents in excess of €1.2 billion of the €1.7 billion that is paid out in direct aid. The SFP forms a significant part of the annual income of all farmers in Ireland, in many cases is used to subsidise the running costs of the farming enterprise and is, therefore, in certain cases greater than net farm income.

The legal situation is that under the provisions of the governing EU Regulations, payment of the SFP cannot commence until 1 December of the scheme year and can continue to be paid up to the 30 June of the following year. However, under exceptional circumstances, the Commission are entitled, under the provisions of the EU Regulations, at the request of a Member State, to grant approval for an advance payment (50%) to be made from 16 October (the first day of the EU financial year).

Earlier this year, mindful of the difficulties caused for farmers by the current financial crisis and also being acutely aware of the significance to the wider rural economy of the Single Payment, I successfully sought the approval of the Commissioner to have advance payments made. I am pleased to say that these payments will start issuing as and from next Monday, 17 October.

206. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the position regarding his views on reedbed technology as a way of dealing with farmyard effluent; if he has changed its views on this matter in 2011; if so, if he has communicated directly with individual farmers who have been using this technology and given them an appropriate lead-in time to change their effluent management practice; and if he will make a statement on the matter. [29212/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): A Guidance Document for the use of Integrated Constructed Wetlands (ICWs) for farmyard soiled water and domestic waste water applications was published by the Department of Environment, Community and Local Government in December 2010. To complement this Guidance Document, my Department also published a Specification for ICWs for use on farms, in June 2011. Any ICW constructed and certified in accordance with the Guidance Document and the Specification is acceptable for the treatment of farmyard soiled water. There is no requirement for a lead-in time as allowing this technology increases the options for management of farmyard soiled water.

207. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when a [811]payment will be awarded in respect of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [29235/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2011 Disadvantaged Areas Scheme was received from the persons named on 10 May 2011. As the payment validation process on the application has recently been completed, payment will issue in the coming days.

208. Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29260/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The information sought by the Deputy is laid out in the following table. In each case the fee mentioned is an annual fee and travel and subsistence expenses are also paid at civil service rates. All vacancies are advertised on the Department’s website.

Name of State Body/Agency	Appointments made since 9 March 2011	Remuneration/ Expenses Arrangements	Other vacancies	Nominees before Oireachtas Committee
Aquaculture Licensing Appeals Board (ALAB)	None	Ordinary member: €5,985	2	—
Bord Bia	Chair: Michael Carey	Chair: €20,520 Annual fees	None	Yet to appear before Oireachtas Committee
	5 new Board members: Gary Brown Michael Cronin Rhona Hollan John Kingston Brody Sweeney	Ordinary member: €11,970	None	—
Bord Iascaigh Mhara (BIM)	None	Ordinary member: €7,695	1	—
Bord na gCon	Chair: Philip Meaney	Chair: €21,600	None	—
Coillte	None	Director’s fee: €12,600	3 vacancies	—
Teagasc	Thomas Cooke — appointed 5 October for a five year termNominated by the ICMSA	Ordinary member: €11,970	None	—

209. Deputy Thomas Pringle asked the Minister for Agriculture, Fisheries and Food the reason he has set the minimum size for landing lobster at 110 mm when the European Commission has recommended 90mm placing Irish lobster fishermen at a disadvantage; and if he will make a statement on the matter. [29275/11]

[812]Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I assume the Deputy is referring to the minimum landing size for crawfish. Council Regulation 724/2001 requires a minimum landing size (MLS) of 95mm. National measures were introduced in 2001 through the Crawfish (Conservation of Stocks) Order 2001 (S.I. No. 322 of 2001) which set the MLS to 110mm for Irish fishermen so as to support the conservation of the stock which was under pressure at that time. I am aware that certain other Member States have enacted various national MLS limits above that figure, so Ireland is not unique is taking such conservation measures.

Following representations made, I am aware that continental markets have a preference for smaller crawfish and that this is presenting difficulties for Irish fishermen in maximising the economic return from their catch. In that context, I have asked BIM in conjunction with the Marine Institute, and in consultation with crawfish fishermen and their representatives to conduct a review of the present conservation measures for crawfish and to bring forward recommendations as soon as possible.

I want to see if we can find a management strategy for this species that will allow Irish inshore fishermen to compete in international markets, while stabilising the stock and ensuring its long term sustainability and bringing to an end undesirable by-catch. The review will focus on:—

the state of the crawfish stock;

undesirable by-catch of non-target and possibly protected species from the use of nets by some fishermen in fishing for crawfish;

the apparent market preference for smaller crawfish; and

the range of technical conservation measures for crawfish used internationally.

BIM are to make recommendations on the most appropriate strategy and/or Technical Conservation Measures to address the issues specified above and to ensure that its proposals will provide at least the equivalent or a higher level of protection to the reproductive potential of the stock, as provided by the present measures, and that a high level of compliance can be assured within available resources.

I will consider BIM’s report and recommendations before deciding on changes, if any, to the current measures and any new measures for this fishery. BIM advises that it will submit the report before the end of the year.

210. Deputy Thomas Pringle asked the Minister for Agriculture, Fisheries and Food the area of inshore fishery that can be exempted from the Common Fisheries Policy restrictions on fisheries; and if he will make a statement on the matter. [29276/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Commission Proposal on the Reform of the Common Fisheries Policy, COM (2011) 425 final was circulated by the European Commission on the 13th July 2011. The Common Fisheries Policy covers all fisheries and fish stocks and there would not be a basis for excluding inshore fisheries from the Policy. The CFP sets down the rules and regulations for the management and conservation of all fish stocks both those subject to quota restrictions covering both inshore and offshore fishing grounds and inshore stocks, many of which are not subject to quota.

[813]The proposed reformed CFP extends, to 2022, the right for Member States to restrict access in a zone within 12 nautical miles of the coastline as is currently in place. These restrictions have reduced fishing pressure in the 12 miles zone and have provided a level of protection against increased fishing effort from other Member States within the zone.

My overarching goal for the new CFP is for a sustainable, profitable and self reliant industry that protects and enhances the social and economic fabric of rural coastal communities dependent on the seafood sector, while balancing these objectives with the need to deliver a sustainable and eco centred fisheries landscape for future generations. I am pursuing initiatives that will deliver and sustain jobs in coastal communities rather than those that promote the concentration of wealth and delivery of excessive profits for a few big international businesses.

I intend to continue to liaise with our industry and other stakeholders over the coming months to pursue and secure Ireland’s priorities in a reformed Common Fisheries Policy.

211. Deputy Thomas Pringle asked the Minister for Agriculture, Fisheries and Food the number of farmers who have been paid their agri-environmental options scheme payment; when he expects that the payments will be up to date; and if he will make a statement on the matter. [29277/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the EU Regulations governing the Agri Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payment issues as soon as an application successfully passes these checks and to date, a total of 2,850 farmers have received 75% of their 2010 entitlement. In the remaining cases, payment will issue or the applicants will be informed of any issues to be resolved by the end of this month. Payment of the remaining 25% of the 2010 entitlement will also commence in the next few weeks. Payments in respect of 2011 will commence in December.

212. Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway will be awarded their area based payment; and if he will make a statement on the matter. [29282/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): In order to receive payment under the 2011 Disadvantaged Area Scheme, applicants were required to submit an application prior to the closing date, 16 May 2011. While records held by my Department indicate that a pre-printed 2011 SPS application form was sent to the person named on 29 March 2011, my Department has no record of receiving an application from the person named. All application forms sent out by my Department contained a pre-addressed return envelope, with a Swift-post label attached, for which the herd owner receives a receipt from the Post Office upon posting. If the person named can provide this proof of postage or provide an explanation as to why the application form was not returned, my Department will review the case based on any information and documentation submitted.

213. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Longford will receive their disadvantage area payment; and if he will make a statement on the matter. [29284/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named [814]on the 18th April 2011. This application was selected for and was the subject of a Ground Eligibility/Grassland Sheep Scheme Inspection. This inspection was initiated on the 7th of October and the results are now being processed.

Under EU regulations governing the Disadvantaged Areas Scheme and the Single Payments Scheme all Ground Eligibility Inspections must be completed before any payment can issue to any applicant under either scheme, including those not selected for a Ground Eligibility Inspection. In the vast majority of inspected cases amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing and priority is given to applications who were the subject of a Ground Eligibility Inspection.

214. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Westmeath will receive their disadvantage area payment; if other entitlements are due to them; and if he will make a statement on the matter. [29285/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 5 May 2011. This application is currently being processed, with a view to payment at an early date. The 50% advance payments under the Single Payment Scheme are scheduled to commence issuing as and from 17 October 2011.

215. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 168 of 6 October 2011, if he will confirm that incontrovertible evidence of the ownership of the property in the form of land registry deeds has been received by officers of his Department; if he accepts that regardless of any dispute, land registry deeds and not copy of probate is proof of ownership and that any dispute can have no bearing on the current position; if he will further set out the extent to which he proposes to review the position in view of these facts; and if he will make a statement on the matter. [29307/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application for registration as herd owner was received from the daughter of the deceased previous owner on 5th May 2011, accompanied by a Land Registry Sealed and Certified Copy relating to Folio Number CK24612 indicating that she was the registered owner of the land in question. Further copies of the Land Registry document were submitted to DVO officials in June 2011 and July 2011.

However, as previously indicated, the DVO has been aware for some time that there is a dispute over the ownership of the lands and the information available to the DVO is that this matter is currently before the courts. In this situation, I believe that the action taken by the DVO in registering the holding in the name of the representatives of the deceased person and assigning the role of keeper to the son of the deceased person was appropriate. I should point out that a herd number is an administrative arrangement under the disease eradication schemes and does not denote ownership of stock or lands. Further action on the registration of herd owner cannot take place until the issue of ownership has been resolved.

216. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when payment will be awarded to a person (details supplied) in County Tipperary in respect of their [815]single farm payment and disadvantaged area payment; and if he will make a statement on the matter. [29308/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 12 April 2011. With regard to the Disadvantaged Areas Scheme, the Terms and Conditions governing the Scheme require, inter alia, that applicants maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare declared, for at least three consecutive months, during the calendar year of application.

However, where the holding of an applicant is identified as not meeting this minimum requirement, the person in question is invited to submit evidence of satisfactory stocking i.e. Flock Register, Horse Passports or details of an environmental plan, which provides for a lower stocking level. The person named was written to on 1 September 2011 and invited to submit appropriate evidence of the numbers of livestock maintained on his farm. As the necessary evidence was supplied and has now been processed, the payment due will issue in the coming days. The 50% advance payments under the 2011 Single Payment Scheme are scheduled to commence issuing as and from 17 October 2011, with balancing payments scheduled to commence issuing as and from 1 December 2011.

217. Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food when payment will issue under the disadvantage areas payment scheme in respect of a person (details supplied); and if he will make a statement on the matter. [29309/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As the person named is not the registered owner of the herd number quoted, it would not be appropriate for me to comment further.

218. Deputy Arthur Spring asked the Minister for Agriculture, Fisheries and Food the expected processing time for REP scheme 4 and agri-environment options scheme at the Johnstown Castle office, County Wexford and the Portlaoise office, County Laois and if there is a discrepancy in the processing times between both offices. [29311/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Area-based schemes under the Rural Development Programme, 2007-13, are subject to EU Regulations which require detailed administrative checks on all applications to be completed before payments can issue. In the case of the Rural Environment Protection Scheme (REPS) and the Agri-environment Options Scheme (AEOS), these rigorous procedures include a cross check with the area declared by applicants under the Single Payment Scheme (SPS) and recorded in the Department’s Land Parcel Identification System as well as on-farm inspections to ensure that applications meet scheme conditions and cross-compliance requirements. REPS and AEOS are administered from the Department’s offices in Johnstown Castle, Wexford, while the SPS is administered from the offices in Portlaoise. Staff in both offices work closely on an on-going basis to resolve any issues relating to discrepancies in the areas declared under different schemes or other relevant queries as quickly as possible.

I am of course conscious of the financial pressures on many farm families and of the importance of grant payments to their incomes and cash-flow. Accordingly I have given the highest [816]priority to the processing and payment of all scheme payments and to the elimination of all unnecessary delays in processing grant applications.

219. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when a payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29323/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): While an application under the 2011 Disadvantaged Areas Scheme was received from the person named on 7 May 2011, payment has not yet issued as over-claims, which were identified on two of the land parcels declared by the applicant, required to be resolved. On foot of a reply received from the applicant on 7 October 2011 the issue has now been resolved, thereby allowing the payment to issue in the coming days.

220. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food the number of disadvantaged area payments being processed in his Department; the reason for delays in payment; the reason farmers were not notified of queries earlier in the year; and the steps being taken to ensure the early payments to the farmers affected. [29330/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The tabular statement shows the position nationally regarding applications and payments under the 2011 Disadvantaged Areas Scheme.

Applications received	Applications paid	Value of payments
101,661	78,848	€172.2m

There are no delays in payments to farmers under the Disadvantaged Areas Scheme, in relation to which there is no regulatory payment date — however, it is generally recognised and indeed acknowledged in the Farmers’ Charter, that a payment target of late September of the year in question is the most realistic.

Payments commenced, on target, on 22 September, with payments issuing to those farmers whose applications had been confirmed eligible for payment at that time. I can confirm that my Department has, in the interim, continued to pay individuals, as their cases became clear, with payment runs taking place twice a week. This is normal practise and will continue on an ongoing basis, as necessary. In this regard, while I am pleased to note that payments worth in excess of €173 million have issued to date, representing almost 80% of applicants, I remain confident that the full budget for the Scheme will have been exhausted by year-end.

As ever, the working relationship between my Department and the farming community greatly assists in the processing of these Schemes. Where in-house checks reveal anomalies in applicants’ applications, the necessary correspondence issues immediately. By replying to all such correspondence as quickly as possible farmers ensure the rapid resolution of issues, thereby allowing their payments to be made.

In the specific case of DAS, however, issues arise each year in relation to the required minimum stocking density of applicants’ holdings, usually affecting in the region of 10,000 farmers. These are cases where my Department cannot confirm adherence to this requirement [817]through the established computer-based animal systems and, therefore, the individuals concerned are required to submit the necessary hard-copy evidence. Farmers can only do this, obviously, when they are satisfied that they have met this requirement for the requisite three consecutive month period. Therefore, there are unpaid DAS applicants as they not yet satisfied this requirement.

221. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number of 2011 single farm payment applications received from applicants in County Roscommon; the corresponding figure for the years 2006, 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [29337/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The tabular statement shows the position regarding applications and payments to County Roscommon herd-owners under the Single Payment Scheme, for the years specified.

Year	Applications received	Applications paid	Value of payments
2006	5,838	5,806	€41.2m
2007	5,817	5,775	€41.1m
2008	5,761	5,718	€41.1m
2009	5,730	5,698	€41.7m
2010	5,700	5,675	€41.3m
2011	5,609	*	*

* Data not available as payments will not commence until 17 October 2011.

As is clear, while the timing of all direct aid payments to farmers is crucial, it is the Single Farm Payment that is of most importance to farmers, given that it represents in excess of €1.2 billion of the €1.7 billion that is paid out in direct aid. The SFP forms a significant part of the annual income of all farmers in Ireland, in many cases is used to subsidise the running costs of the farming enterprise and is, therefore, greater than the net farm income.

222. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number of 2011 single farm payment applications received from applicants in County Leitrim; the corresponding figure for the years 2006, 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [29338/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The tabular statement shows the position regarding applications and payments to County Leitrim herd-owners under the Single Payment Scheme, for the years specified.

Year	Applications received	Applications paid	Value of payments
2006	3,445	3,422	€17.4m
2007	3,423	3,398	€17.5m
2008	3,399	3,378	€17.5m
2009	3,365	3,347	€17.9m
2010	3,360	3,336	€17.7m
2011	3,329	*	*

* No data available as payments will not commence until 17 October 2011.

223. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number and value of 2011 disadvantaged area payments which have been made to applicants in County Roscommon; the number and value yet to be paid; and if he will make a statement on the matter. [29339/11]

	Applications received	Applications paid	Value of payments
Roscommon	5,687	4,157	€8.84m

[819]In the specific case of DAS, however, issues arise each year in relation to the required minimum stocking density of applicants’ holdings, usually affecting in the region of 10,000 farmers. These are cases where my Department cannot confirm adherence to this requirement through the established computer-based animal systems and, therefore, the individuals concerned are required to submit the necessary hard-copy evidence. Farmers can only do this, obviously, when they are satisfied that they have met this requirement for the requisite three consecutive month period. Therefore, there are unpaid DAS applicants who have not yet satisfied this requirement.

224. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number and value of 2011 disadvantaged area payments which have been made to applicants in County Leitrim; the number and value yet to be paid; and if he will make a statement on the matter. [29340/11]

	Applications received	Applications paid	Value of payments
Leitrim	3,487	2,518	€5.4m

In the specific case of DAS, however, issues arise each year in relation to the required minimum stocking density of applicants’ holdings, usually affecting in the region of 10,000 farmers. These are cases where my Department cannot confirm adherence to this requirement through the established computer-based animal systems and, therefore, the individuals concerned are required to submit the necessary hard-copy evidence. Farmers can only do this, obviously, when they are satisfied that they have met this requirement for the requisite three consecutive month period. Therefore, there are unpaid DAS applicants who have not yet satisfied this requirement.

225. Deputy Charlie McConalogue asked the Minister for Agriculture, Fisheries and Food [820] when he will renew the contracts for the appointment of external valuers to evaluate existing foreshore licence applications; and if he will make a statement on the matter. [29366/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department has responsibility for foreshore licensing in respect of activity which is wholly or primarily for the use, development or support of sea-fishing or aquaculture, as well as any function in relation to a designated Fishery Harbour Centre. In relation to foreshore licensing outside the designated Fishery Harbour Centres, my Department is in the process of undertaking a tendering exercise to secure the services of external valuers in accordance with standard public procurement procedures.

In relation to the designated Fishery Harbour Centres, on the 19th May 2008 my Department entered into a Framework Agreement with a particular external valuer to carry out valuations at the Fishery Harbour Centres. This agreement is due to expire on the 18th May 2012. The contract for the provision of a valuation service will be reviewed at that time and the appropriate arrangements put in place to offer that contract to tender, if required.

226. Deputy Charlie McConalogue asked the Minister for Agriculture, Fisheries and Food the way he proposes to overcome the current log-jam of existing foreshore licence applications; and if he will make a statement on the matter. [29441/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The current delay in the processing of new and renewal aquaculture licence and accompanying foreshore licence applications largely arises because the majority of areas for which the licences are sought are designated Special Areas of Conservation under the EU Habitats Directive and/or Special Protection Areas under the EU Birds Directive (Natura 2000 sites).

In the case of aquaculture sites located within Natura 2000 areas the Department of Agriculture, Fisheries and Food, in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) of the Department of Art, Heritage and the Gaeltacht is engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of these areas. This process is ongoing and significant progress has been made. This comprehensive data collection programme, together with the setting of appropriate conservation objectives by the NPWS, will enable all new, renewal and review applications to be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives. This work represents a significant financial, administrative and scientific investment by the State in resolving this issue. The Appropriate Assessment of aquaculture applications will be dealt with on a bay-by-bay basis.

My Department continues to make every effort to expedite the determination of all outstanding cases having regard to the complexities of each case and the need to comply fully with all national and EU legislation.

227. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if he will confirm when REP scheme payment will issue to a person (details supplied). [29444/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPs 4 in June 2009 and received full payment for the first two years of their contract. Arrangements are well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November once all the necessary checks have been completed.

[821]

228. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food when payment under the area aid scheme will issue to a person (details supplied). [29445/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 10th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was initiated on the 9th of August and the results are now being processed.

229. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the position regarding the process of map digitising; if this process will delay farmers’ payments indefinitely; how long more farmers will be left without payment; if he will issue farmers with their payments and continue the process afterwards; and if his attention has been drawn to the fact that most farmers are relying on these payments to pay off bank instalments on loans. [29446/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I can assure the Deputy, and the wider farming community, that my Department is committed to allocating such resources as is necessary to ensure that the essential digitisation of applicants’ maps onto the Department’s Land Parcel Identification System (LPIS) and the processing of payments are proceeding as quickly as possible. However, I must emphasise that any failings or shortcomings in LPIS would leave the Department open to the very real risk of significant fines. I am not prepared to take such a risk, nor will I compromisethe value of direct payments to Irish farmers.

In the case of the Single Farm Payment, it should be remembered that, while the earliest payment date provided for under EU rules is 1 December, as I am particularly conscious of the difficulties caused for farmers by the current financial crisis and am also acutely aware of the significance to the wider rural economy of the Single Payment, earlier this year I successfully sought the approval of the Commissioner to have advance payments made as and from 17 October. This is the earliest possible legal date for making payments, it being the start of the new EU financial year.

Following this agreement to my request for an advance payment of the SFP, I set a very demanding schedule of payments for the Disadvantaged Areas Scheme and the Single Payment Scheme, with payment of DAS scheduled for 22 September, the 50% advance of the SFP scheduled for 17 October and the 50% balance of the SFP scheduled for 1 December. I am pleased to say that the DAS payments commenced on target and the payment date for the advance of the SFP will also be achieved. In all cases, my Department will continue to make multiple payment runs, under both schemes, on a weekly basis, to pay farmers as their applications become fully processed and cleared.

I fully appreciate the value and importance of these schemes to Irish farmers and remain committed to ensuring that the maximum numbers are paid at the earliest possible date, mindful, of course, of the over-riding necessity to ensure compliance with the governing EU require[822]ments. I note that Ireland continues to be among the very first countries throughout the EU to be in a position to make such payments and perhaps sight should not be lost of this fact.

230. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if he will confirm when payment under the disadvantaged areas scheme will issue in respect of a person (details supplied). [29447/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 7 April 2011, processing of which has recently been completed, thereby allowing payment to issue under the 2011 Disadvantaged Area Scheme on 7 October 2011. The 50% advance payments under the Single Payment Scheme are scheduled to commence issuing as and from 17 October 2011.

231. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if he will confirm when payment under the disadvantaged areas scheme will issue in respect of a person (details supplied). [29448/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 18 April 2011. On processing of this application, an over-claim was identified on one of the land parcels listed. The person named has been written to in this regard and, on receipt of a satisfactory reply, the application will be further processed, with a view to completing the processing of the application without delay.

232. Deputy Pat Breen asked the Minister for Children and Youth Affairs when an application will be processed in respect of a school (details supplied) in County Clare; and if she will make a statement on the matter. [29335/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Early Childhood Care and Education (ECCE) programme, which is implemented by my Department, was introduced in January 2010 and provides a free pre-school year to all eligible children in the year before commencing primary school. Almost every pre-school service in the State is participating in the programme, ensuring it is available to children in all areas. An application on behalf of the child care service referred to by the Deputy, in relation to the entry to the ECCE programme, is currently being processed by the Childcare Directorate of my Department. I understand that evidence of staff qualifications is still outstanding. On receipt of such evidence a decision on the application will be made and the service will be advised of the outcome.

233. Deputy Michael McGrath asked the Minister for Children and Youth Affairs if she will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, she has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29262/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Since coming to office, I have made 6 appointments to State boards falling within the aegis of my Department. None [823]of these appointments related to the appointment of a Chairperson. The details of these appointments are set out in tabular format:

Agency	Name	Date of appointment	Remuneration payable
Family Support Agency	Mr. Dick Hickey	2 June 2011	€5,985 per annum
Family Support Agency	Ms. Catherine Hazlett	26 July 2011	No remuneration payable
Family Support Agency	Ms. Yvette O’Malley	1 September 2011	No remuneration payable
Family Support Agency	Ms. Marie Fenlon	1 September 2011	€5,985 per annum
National Educational Welfare Board	Mr. Brendan Broderick	15 September 2011	No remuneration payable
National Educational Welfare Board	Mr. Eamon Flynn	15 September 2011	No remuneration payable

The appointments to the Family Support Agency were out-going members who were re-appointed by me. No remuneration is payable to two of these members as they are officers of my Department and of the agency respectively. No remuneration is paid to ordinary members appointed to the National Educational Welfare Board.

I recently advertised 12 board vacancies across the different agencies that fall under the aegis of my Department and have received 24 expressions of interest from members of the public to-date, details of which are currently under review by officials from my Department.

Agency	No. of Vacancies	Expressions of interest
Adoption Authority of Ireland	2	1
Family Support Agency	7	13
National Educational Welfare Board	3	10

234. Deputy Michael Healy-Rae asked the Minister for Health if he will give an assurance that the forthcoming budget will be mindful of persons with disabilities; and if he will make a statement on the matter. [29185/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The level of funding available for the health budget is being considered as part of the Comprehensive Review of Expenditure and Estimates process for 2012 which is currently under way. Deliberations by the Government on the expenditure allocations for next year are likely to continue up until Budget time and it would not be appropriate for me to comment further at this stage pending the outcome of those deliberations. The very difficult financial position facing the Exchequer will obviously require very careful management across all areas of expenditure.

However, I would like to assure the Deputy that the National Disability Strategy is the cornerstone of Government policy on disability. Launched back in September 2004, the Government recognised the need for it to be revitalised and re-focused, which is why the Programme for Government has this specific commitment: “We will publish, following wide consultation, a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources. We will ensure whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector”.

[824]A whole of Government approach will be taken to the implementation process and in particular “the partnership with the disability sector”. One of the key features of the monitoring of the National Disability Strategy is the level of consultation with and direct input from the disability sector. This will continue and actually be improved upon in the new implementation structures.

A major priority for the Government in the coming months will be to finalise the current Value for Money and Policy Review of Disability Services to ensure that existing funding for people with disabilities is spent to best effect. It is now more important than ever that large scale spending programmes of this nature are subject to detailed periodic review. The VFM Efficiency and Effectiveness Review will make recommendations that will ensure that the very substantial funding, €1.5 billion, provided to the specialist disability health sector is used to maximum benefit for persons with disability, having regard to overall resource constraints which affect all sectors at this time.

As Minister for Equality, Disability, Mental Health and Older People I am committed to ensuring that the needs of our citizens who have a disability are addressed across the whole of Government.

235. Deputy Billy Kelleher asked the Minister for Health when a person (details supplied) in County Cork will receive a decision regarding their fair deal appeal. [29166/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

236. Deputy Pearse Doherty asked the Minister for Health the reason for the delay in allocating a fair deal nursing home place to a person (details supplied) in Dublin 24; if it is Health Service Executive policy to keep a person in a hospital ward for an indefinite period of time after treatment has concluded rather than transfer him or her to appropriate nursing home care; and if he will make a statement on the matter. [29167/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

237. Deputy Micheál Martin asked the Minister for Health the position regarding the new blood bank premises in County Cork following agreement on funding and design and the availability of a site; his views on the fact that some offices in the current centre have recently been forced to vacate for health and safety reasons; if his attention has been drawn to the fact that the Irish Medicines Board has cited the condition of the premises as being unsuitable; and if he will make a statement on the matter. [29172/11]

Minister for Health (Deputy James Reilly): Approval was given by the Board of the HSE in July 2011 to relocate the Munster Regional Transfusion Centre to a site at Cork University Hospital. This followed a decision in December 2008 to replace the current facility, with the allocation of capital funding for this purpose. The Programme for Government provided for a Comprehensive Spending Review which is now well under way. This exercise includes a review of the planned health care capital programme. The outcomes of this review will determine the health care capital allocations for 2012 and future years.

[825]The Irish Medicines Board reports annually to me on the results of its inspections of the Irish Blood Transfusion Service. In its 2010 Report the Irish Medicines Board has stated that, in its opinion, the provision of a purpose built facility is the only resolution that can ensure compliance of the Munster Regional Transfusion Centre with modern requirements of a transfusion service, which are in keeping with Good Manufacturing Practice (GMP). I am aware that some administrative/medical staff have recently been relocated to more modern office space and this has no implications for product safety.

238. Deputy Bernard J. Durkan asked the Minister for Health his plans, if any, for a primary health care centre in Clane, County Kildare, with particular reference to the ongoingdemand and need for such a service in the area; and if he will make a statement on the matter. [29177/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

239. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding funding in respect of an organisation; and if he will make a statement on the matter. [29179/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Health Service Executive (HSE) is working with the Jack and Jill Foundation to identify and prioritise the needs of each child on a case-by-case basis. The HSE will work closely with Jack and Jill to ensure that no child is hospitalised for want of adequate home support, provided by either Jack and Jill or the HSE. However, if a child needs hospital care, the HSE will provide this.

I am committed to ensure that there should be a particular focus on protecting services to vulnerable groups. In 2011 the Government gave favourable treatment to disability services by setting a lower savings target for disability services of a maximum budget reduction of 1.8%. As is the case with all charities, the HSE is not in a position to provide additional funding to compensate for a drop in their private fund-raising income.

240. Deputy Michael Healy-Rae asked the Minister for Health his views on personalised care plans and the future of same; and if he will make a statement on the matter. [29181/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): One of the key elements in all of our health service reforms has been the emphasis on keeping the patient, resident or client and their families at the very centre of all decisions and decision making. I would like to reassure the Deputy that all our efforts in health reform will continue to be centred on the people who need health services.

TheNational Quality Standards for Residential Care Settings for Older People in Ireland developed by the Health Information and Quality Authority, and approved by the Minister for Health, clearly outline what is expected of a provider of services and what a resident, their family, a carer, or the public can expect to receive in residential care settings. The standards deal with the areas of rights of older people, protection, health and social care needs, quality of life, staffing, the care environment, and management and governance. Standard 11 is of particular relevance to the Deputy’s question as it provides that“the arrangements to meet each resident’s assessed needs are set out in an individual care plan, developed and agreed with each resident, or in the case of a resident with cognitive impairment with his/her representative.”Article 8 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for [826]Older People) Regulations 2009, as amended, underpins this standard. The Article states, amongst other things that”the person in charge shall ensure each resident’s needs are set out in an individual care plan developed and agreed with each resident.

241. Deputy Finian McGrath asked the Minister for Health the position regarding assistance in respect of a person (details supplied). [29193/11]

282. Deputy Finian McGrath asked the Minister for Health the position regarding accommodation in respect of a person (details supplied) in Dublin 5. [29442/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I propose to take Questions Nos. 241 and 282 together.

As this is a service matter the question has been referred to the HSE for direct reply.

242. Deputy Kevin Humphreys asked the Minister for Health the amount spent on the indemnity refund for general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same was awarded; the conditions that apply; and if he will make a statement on the matter. [29198/11]

243. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners on an indemnity refund under the primary care reimbursement service; the largest amount paid to an individual practice on an annual basis from 2007; if this refund will be claimed on an annual or once-off basis; and if he will make a statement on the matter. [29199/11]

244. Deputy Kevin Humphreys asked the Minister for Health the amount spent on grants to general practitioners for heating their surgeries under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29200/11]

245. Deputy Kevin Humphreys asked the Minister for Health the amount available to general practitioners for attendance at Health Service Executive-convened case conferences under the primary care reimbursement service; the largest amount paid on an annual basis from 2007 to an individual practice; and if he will make a statement on the matter. [29201/11]

246. Deputy Kevin Humphreys asked the Minister for Health the amount spent on claims for attendance at Health Service Executive-convened case conference by general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; his views on whether this payment will be reformed; and if he will make a statement on the matter. [29202/11]

247. Deputy Kevin Humphreys asked the Minister for Health the amount spent on locum payments for annual leave for general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29203/11]

249. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners for locum payments for annual leave under the primary care reimburse[827]ment service; the largest amount paid to an individual practise on an annual basis from 2007; and if he will make a statement on the matter. [29205/11]

256. Deputy Kevin Humphreys asked the Minister for Health the amount spent on computer grants for general practitioners under the primary care reimbursement service, also known as the GMS scheme, on an annual basis since 2007; and if he will make a statement on the matter. [29244/11]

258. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners of the practice support subsidy under the primary care reimbursement service, also known as the GMS scheme; if he will specify the largest amount paid to an individual practice on an annual basis from 2007; and if he will make a statement on the matter. [29246/11]

259. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners on claims for study leave on an annual basis under the primary care reimbursement service, also know as the GMS scheme; the largest amount paid to an individual practice on an annual basis from 2007; if a GP can claim this payment on annual or once-off basis; and if he will make a statement on the matter. [29247/11]

260. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners on grants for practice premises under the primary care reimbursement service, also know as the GMS scheme; the largest amount paid to an individual practice on an annual basis from 2007; if a GP can claim this grant on an annual or once-off basis; and if he will make a statement on the matter. [29248/11]

261. Deputy Kevin Humphreys asked the Minister for Health the amount spent on grants for practice premises to general practitioners under the primary care reimbursement service on an annual basis since 2007; the terms of this grant; the uses it is for; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29249/11]

262. Deputy Kevin Humphreys asked the Minister for Health the amount spent on subsidies and grants for clerical services to general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29250/11]

263. Deputy Kevin Humphreys asked the Minister for Health the amount spent on claims for study leave by general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29251/11]

264. Deputy Kevin Humphreys asked the Minister for Health the amount spent on the rural practice allowance for general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; if a GP can claim this grant on an annual or a once-off basis; and if he will make a statement on the matter. [29252/11]

268. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners on computer grants under the primary care reimbursement service; if he will specify the largest amount paid to an individual practice on an annual basis form 2007; [828]if he will specify if a GP can claim this grant on annual or once-off basis; and if he will make a statement on the matter. [29256/11]

269. Deputy Kevin Humphreys asked the Minister for Health the amount spent on supplementary allowances covering rostering, practice maintenance, staff and so on, for general practitioners under the primary care reimbursement service on an annual basis since 2007; if he will detail specifically what this allowance can be used for; and if he will make a statement on the matter. [29257/11]

270. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners annually on supplementary allowances covering rostering, practice, maintenance, staff and so on, under the primary care reimbursement service; if he will specify the largest amount paid to an individual practice on an annual basis from 2007; and if he will make a statement on the matter. [29258/11]

271. Deputy Kevin Humphreys asked the Minister for Health the amount spent on the practice support subsidy towards receptionist, nurse, practise manager and so on, for general practitioners under the primary care reimbursement service on an annual basis since 2007; if he will detail specifically what this subsidy can be used for; and if he will make a statement on the matter. [29259/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I propose to take Questions Nos. 242 to 247, inclusive, 249, 256, 258 to 264, inclusive, and 268 to 271, inclusive, together.

The current agreement with General Practitioners (GPs) to provide services under the General Medical Services (GMS) Scheme was introduced in 1989.It has been updated over the years through a number of circulars, which can be found on-line at:

http://www.icgp.ie/go/in_the_practice/information_technology/egms.

The current rates of payments are set out in the Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. 638/2010).The fee payable to GPs for attendance at HSE-convened case conferences is €67.05.Under the Financial Emergency Measures in the Public Interest Act 2009, fees and allowances payable to GPs, which were reduced in 2009 and 2010, will be reviewed before the end of this year.

The full list of GMS payments to GPs for the years 2007 to 2009 is set out in the Primary Care Reimbursement Service (PCRS) “Statistical Analysis of Claims and Payments”, which can be viewed on-line at http://www.hse.ie/eng/staff/PCRS (PCRS Publications 2007, 2008 and 2009 — Page 37 — Table 3).The PCRS report for 2010 has not yet been published.

The GMS Contract makes provision for the appropriate refund of medical indemnity insurance to contracted doctors, based on the size of the GP’s panel.The refund is calculated as a percentage of the net premium paid by the GP. To qualify, the GP must produce evidence of payment of medical indemnity insurance.(Circular 1/92 dated 10th January 1992; revised in Circular 5/96 dated 22 July 1996).

The Contract makes provision for payments for locum cover while a GP is on leave (Circular 4/89 dated April 1989), including annual leave (revised in Circular dated 5th June 1997) and study leave (revised in Circular 2/90 dated 2 February 1990 and Circular 2/95 dated 6th February 1995).

The Contract makes provision for the payment of subsidies towards the cost of employing practice nurses, secretaries and managers (revised in Circular dated 7th June 1995; Circular [829]6/96 dated 23rd July 1996; Circular dated 5th June 1997; Circular dated April 1998; Circular dated 31st July 2001; and Circular dated 8th April 2002.)

In 1993, the Government agreed to the establishment of a General Practice Development Fund (Circular 1/93 dated 6th January 1993).The following payments were made to GPs out of the fund:

1. Payments for the provision of rostering and out-of-hours arrangements.

2. Payments towards practice maintenance, equipment and development.

3. A supplementary grant to employ practice nurses and secretaries.

Under the Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010, separate payments under these headings are no longer made. Under the Contract, GPs are eligible for a Rural Practice Allowance when he/she lives and practices in an area with a population of less than 500, where there is not a town with a population of 1,500 or more within a three mile radius of that centre and where the HSE considers it necessary to pay an Allowance to retain a doctor in the area.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to address the other aspects of the Deputy’s questions, including information which is not provided by the HSE to my Department as a matter of routine, and I will convey this information to the Deputy as soon as I have received it.

248. Deputy Kevin Humphreys asked the Minister for Health the maximum amount payable to general practitioners on the immunisation contract grant, for example, the cost of a fridge under the primary care reimbursement service; the largest amount paid to an individual practice on an annual basis from 2007; if this grant can be claimed on an annual or once-off basis; and if he will make a statement on the matter. [29204/11]

250. Deputy Kevin Humphreys asked the Minister for Health the amount spent on the immunisation contract grant that covers the cost of a fridge, for general practitioners under the primary care reimbursement service on an annual basis since 2007; the way same is awarded; the conditions that apply; and if he will make a statement on the matter. [29206/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 248 and 250 together.

The HSE is responsible for the operation of the immunisation programmes. The Deputy’s questions have been referred to the HSE for direct reply.

Question No. 249 answered with Question No. 242.

Question No. 250 answered with Question No. 248.

251. Deputy Dominic Hannigan asked the Minister for Health the reason for the delay with a medical card application in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29208/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

252. Deputy Gerry Adams asked the Minister for Health the number of staff who are employed in the Health Service Executive north-east area to deal with issues of suicide and self-harm; and if he will make a statement on the matter. [29236/11]

253. Deputy Gerry Adams asked the Minister for Health his strategy for dealing with the issues of suicide and self-harm in the Health Service Executive north-east region; and if he will make a statement on the matter. [29237/11]

254. Deputy Gerry Adams asked the Minister for Health the statistics he has for the incidence of suicide or self-harm in the Health Service Executive north-east region; and if he will make a statement on the matter. [29238/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I propose to take Questions Nos. 252 to 254, inclusive, together.

My Department has requested information from the HSE in relation to the number of staff that are employed in the Health Service Executive North East area to deal with issues of suicide and self harm and I will be in contact with the Deputy on its receipt.

Dealing with the current high levels of suicide and deliberate self harm is a priority for this Government. Reach Out— the National Strategy for Action on Suicide Prevention (2005 — 2014) provides a policy framework for suicide prevention activities in Ireland. It calls for a multi-sectoral approach to the prevention of suicidal behaviour involving health, education, community, voluntary and private sector agencies. The total funding available nationally through the HSE for suicide prevention is about €9 million of which €4.1 million is available to the National Office for Suicide Prevention (NOSP) and approximately €5 million is available regionally to fund Resource Officers for Suicide Prevention, Self-Harm Liaison Nurses in Hospital Emergency Departments and local suicide prevention initiatives including crisis awareness groups.

This Government has prioritised the reform of the mental health service in line with A Vision for Change and Reach Out. This commitment was clearly shown in the Programme for Government which provides that €35 million will be ring-fenced annually from within the overall health budget to develop community mental health services, ensure early access to more appropriate services for adults and children and to implement Reach Out . This is currently being considered as part of the Estimates process for 2012 and future years.

Provisional figures published by the Central Statistics Office show that there were 55 deaths by suicide in Counties Cavan, Meath, Louth and Monaghan in 2009 and 46 in 2010. There were 19 deaths by suicide in Fingal in 2009 and 18 in 2010. Data on Self-Harm presentations to Emergency Departments is compiled and published on an annual basis by the National Suicide Research Foundation (NSRF). The number of presentations of deliberate self-harm to Emergency Departments in the North East was 2,991 in 2009 and 2,800 in 2010.

255. Deputy Gerry Adams asked the Minister for Health if toilets for patients in wheelchairs are available in the emergency department of Drogheda Hospital; if in recent weeks there have been occasions on which the toilets were not accessible for patients in wheelchairs; and if he will make a statement on the matter. [29239/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

[831]Question No. 256 answered with Question No. 242.

257. Deputy Kevin Humphreys asked the Minister for Health the amount that has been paid in capitation fees on an annual basis since 2007 to general practitioners under the primary care reimbursement service, also know as the GMS, for patients who were deceased; and if he will make a statement on the matter. [29245/11]

265. Deputy Kevin Humphreys asked the Minister for Health the measures that have been put in place to ensure general practitioners are not paid capitation fees under the primary care reimbursement service for patients who are deceased; the measures in place to recoup overpayments; the amount that has been recouped on an annual basis since 2007; and if he will make a statement on the matter. [29253/11]

266. Deputy Kevin Humphreys asked the Minister for Health if he will consider compelling general practitioners to report to the primary care reimbursement service the death of a patient for whom they receive capitation payments; and if he will make a statement on the matter. [29254/11]

267. Deputy Kevin Humphreys asked the Minister for Health, given that it was reported in May 2010 that over €5 million had been overpaid to general practitioners from January 2009 to May 2010 (details supplied) for patients who were deceased to practitioners under the primary care reimbursement service, if he will detail the amount of these payments that have been reimbursed to the Health Service Executive, and if not, why not; and if he will make a statement on the matter. [29255/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I propose to take Questions Nos. 257 and 265 to 267, inclusive, together.

The overpayments/underpayments issue and improved audit and scrutiny measures will be considered as part of this process. There will be a full consultation process with relevant stakeholders. I will oversee the work of the officials, in consultation with the Minister for Health. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to address the other aspects of the Deputy’s questions, which include information which is not provided by the HSE to my Department as a matter of routine, and I will convey this information to the Deputy as soon as I have received it.

Questions Nos. 258 to 264, inclusive, answered with Question No. 242.

Questions Nos. 265 to 267, inclusive, answered with Question No. 257.

Questions Nos. 268 to 271, inclusive, answered with Question No. 242.

272. Deputy Michael McGrath asked the Minister for Health if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29269/11]

Minister for Health (Deputy James Reilly): My Department will shortly be inviting expressions of interest on its website in relation to future appointments to State boards at [832]which stage those being considered for appointment as Chairpersons will be required to make themselves available to the appropriate Oireachtas Committee. Where fees are approved, there are four categories payable to chairpersons and directors of Non-Commercial State Agencies subject to the “one person one salary” principle which provides that as a general rule public servants acting as chairpersons or directors of state-sponsored bodies do not receive additional remuneration for undertaking such duties. Members of the Boards would be entitled to claim travel and subsistence in the normal way. With effect from 1st January 2010 the annual rates in respect of those Boards to which I have made appointments are:

Category	Chair	Director	Board\Agency
1	€29,888	€14,963	Health Service Executive
2	€20,520	€11,970
3	€11,970	€7,695	Medical Council, Pharmaceutical Society of Ireland
4	€8,978	€5,985

No fees are approved in respect of the National Haemophilia Council and the National Cancer Registry Board. Instead of the fees mentioned above, members of the Hepatitis C and HIV Compensation Tribunal are paid a briefing fee of €17,526 when they take up their appointment and a daily rate of €992.68.

The following Board appointments have been made by me.

Board	Member	Position	Appointed	Applicable Fee
Pre-Hospital Emergency Care Council	Maureen Cronin	Ordinary Member	20/04/2011	No fee payable
Health Service Executive	Brian Gilroy	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Laverne McGuinness	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Philip Crowley	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Barry White	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Bairbre Nic Aongusa	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Paul Barron	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Tony Holohan	Ordinary Member	20/05/2011	No fee payable
Health Service Executive	Michael Scanlan	Ordinary Member	20/05/2011	No fee payable
National Haemophilia Council	Ann Grogan	Ordinary Member	23/05/2011	No fee payable
National Haemophilia Council	Deborah Greene	Ordinary Member	23/05/2011	No fee payable
Health Service Executive	Martin Connor	Ordinary Member	06/06/2011	€14,693
Pharmaceutical Society of Ireland Council	Catriona O’Driscoll	Ordinary Member	15/06/2011	No fee payable
Pharmaceutical Society of Ireland Council	Michael Barry	Ordinary Member	15/06/2011	No fee payable
Pharmaceutical Society of Ireland Council	Leonie Clarke	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	Jean Holohan	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	Ciaran O’Boyle	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	Fionan O’Cuinneagain	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	Kenneth McDonald	Ordinary Member	15/06/2011	No fee payable
Pharmaceutical Society of Ireland Council	Keith O’Hourihane	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	John David Corr	Ordinary Member	15/06/2011	€7,695
Pharmaceutical Society of Ireland Council	Ignatius Noel Stenson	Ordinary Member	15/06/2011	€7,695
National Haemophilia Council	Barry Harrington	Chairperson	19/07/2011	No fee payable
National Haemophilia Council	Mary Jackson	Ordinary Member	22/07/2011	No fee payable
Hepatitis C and HIV Compensation Tribunal	Kathryn Hutton	Ordinary Member	01/08/2011	Initial briefing fee of €17,526 and a daily rate of €992.68
National Cancer Registry Board	Anna Gavin	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	Donal Hollywood	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	Deirdre Murray	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	Mary Jackson	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	John McCormack	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	Paul Redmond	Ordinary Member	06/08/2011	No fee payable
National Cancer Registry Board	Tony O’Brien	Chairperson	06/08/2011	No fee payable
Pharmaceutical Society of Ireland Council	Fachtna Murphy	Ordinary Member	26/09/2011	€7,695
Medical Council	Michael Ryan	Ordinary Member	04/10/2011	€7,695
Medical Council	Marie Kehoe	Ordinary Member	04/10/2011	No fee payable

273. Deputy Bernard J. Durkan asked the Minister for Health when a medical card will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [29305/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

274. Deputy Jack Wall asked the Minister for Health his views regarding a submission (details supplied); the actions that can or will be taken to alleviate the problems expressed; and if he will make a statement on the matter. [29321/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

275. Deputy Brendan Griffin asked the Minister for Health when a person (details supplied) in County Kerry will be called for an operation; and if he will make a statement on the matter. [29329/11]

Minister for Health (Deputy James Reilly): I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made. As this is a service matter, it has been referred to the HSE for direct reply. Should the patient’s general practitioner consider that the patient’s condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

276. Deputy Denis Naughten asked the Minister for Health the plans which the Health Service Executive has to amalgamate Roscommon and Galway PCCC; and if he will make a statement on the matter. [29336/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

277. Deputy Frank Feighan asked the Minister for Health the position regarding the provision of a new community hospital and day centre in Ballinamore, County Leitrim and a new 60 bed community nursing unit in Carrick on Shannon, County Leitrim. [29365/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

278. Deputy Arthur Spring asked the Minister for Health when the Health Service Executive will make funding available in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [29370/11]

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient’s general practitioner consider that the patient’s condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

279. Deputy Maureen O’Sullivan asked the Minister for Health the reason the national lottery is being advertised on the website of the Health Service Executive; if this is appropriate in view of the rising numbers of those caught in gambling addiction; and if he will make a statement on the matter. [29383/11]

Minister for Health (Deputy James Reilly): The Health Service Executive has an allocation in the Revised Estimates Volume for 2011 of €7.513m which is part funded by proceeds of sales from the National Lottery. These funds are provided to support projects run by community groups and voluntary organisations in the provision of health and personal social services throughout the country. The Deputy will be aware that funding from National Lottery proceeds are also allocated to other Departments for a range of projects including youth, sport, recreation and amenities, culture and heritage and the Irish language. At a time of severe restraints on public expenditure, it is the view of the Government that where funding is available from other sources, then it should be utilised to ensure the continued support for these worthwhile projects.

280. Deputy Billy Kelleher asked the Minister for Health if there is a detailed timetable of services from St. Mary’s Orthopaedic Hospital, County Cork, to the South Infirmary Victoria Hospital, County Cork; and if he will make a statement on the matter. [29384/11]

Minister for Health (Deputy James Reilly): The HSE South this morning issued a press statement in relation to the re-location of orthopaedic services from St. Mary’s Orthopaedic Hospital to the South Infirmary Victoria Hospital. Work on this programme began in May 2010 and it is expected that the transfer will take place in December 2011. The transfer includes elective in-patient, rehabilitation trauma and day surgery. Trauma and emergency orthopaedic surgery will continue to be provided in Cork University Hospital.

[836]As the Deputy is aware, there has been considerable engagement with staff and key stakeholders in relation to the transfer of services. I believe that this process has been crucial and will greatly facilitate the new developments that are to be implemented. I reviewed this proposal earlier this year and I have made it clear that health services will continue to be provided at St. Mary’s, including mental health, maternity outpatient and ambulances services, a health centre and residential provision for community nursing and intellectual disability. In addition, extra services will be made available at the St. Mary’s campus, such as an Urgent Care Centre linked to the Mercy Hospital. The HSE is also examining the potential for locating a new primary care centre on the St. Mary’s site, to service the population of the north west of Cork city, and is in discussion with local GPs on this.

I am convinced that these developments will result in a greatly enhanced health service in Cork and Kerry region. I have arranged for the Communications Directorate of the HSE South to email its press statement to the Deputy, which contains details of the relocation.

281. Deputy Billy Kelleher asked the Minister for Health his future plans for St. Stephen’s Hospital, Glanmire, County Cork; and if he will make a statement on the matter. [29385/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter the question has been referred to the HSE for direct reply.

Question No. 282 answered with Question No. 241.

283. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he has approved changes in the operation of the nursing home support scheme whereby approval for support under the scheme will no longer be back dated and costs covered for those who have been in nursing homes while their applications are pending, a change entailing significant costs for them and their families; if he will reverse this change; and if he will make a statement on the matter. [29449/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Minister for Health has agreed to an amendment to the HSE’s National Guidelines for the Standardised Implementation of the Nursing Homes Support Scheme. The amendment was agreed subject to assurances from the HSE that:

individuals with complex cases will not be disadvantaged,

average processing times for complete applications should not exceed 4-6 weeks,

geographical location will not disadvantage applicants, and

acute hospitals will not be detrimentally affected, subject to the scheme being operated within the financial resources allocated.

The HSE’s Guidelines now state that, subject to overall resources, people who enter nursing homes will have their financial support paid either from the date that the application is approved, or date of admission to the nursing home, whichever is the later. It should be noted that the amendment will have no retrospective effect, will be reviewed in one year and will only apply to applications received after the 1st October 2011.

284. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the reason the system of medication support for mental health patients in Dublin has been changed; if he will reverse this change; and if he will make a statement on the matter. [29450/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Under the former Eastern Health Board, it was the practice to provide psychiatric medicines free to all patients who attended an outpatient clinic for services regardless of their eligibility status. Such arrangements were unique to the greater Dublin area. In all other former Health Board Areas, patients used either their medical card or Drug Payment Scheme card to access psychiatric medicines.

In 2009, the HSE decided to bring the arrangements for the supply of medicines to patients attending mental health outpatient clinics in the greater Dublin area into line with those operating in the rest of the country. These changes were introduced on a phased basis, starting on 1 October 2010 when medical card holders in the HSE Dublin North East area requiring psychiatric medicines were referred to their own GP for a GMS prescription. This arrangement is being extended to the Dublin Mid Leinster area from 1 November 2011. At the same time, Drug Payment Scheme cardholders will be required to pay for their prescription up to theco-payment threshold of €120 per month. Medical card holders will continue to receive their medication free of charge, subject to any applicable prescription charge. These arrangements will be kept under review.

People affected by these changes who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive will take into account medical costs incurred by an individual or a family, including the cost of medication.

285. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport if he will provide a list of all appointments to State boards, including any appointments to the position of chairperson shown separately, he has made since coming to office; the details of any remuneration or expenses arrangement that applies in respect of each appointment; the vacancies on the boards that had been publicly advertised; and the prospective nominees that went before the Oireachtas committee for questioning. [29274/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): A full list of the appointments to State Boards which I have made since coming into office on 9 March 2011 is in the reply which I gave to Dáil Question No. 544 on 11 October 2011. The Table sets out the Chairpersons which I have appointed since that date:

Body	Appointee	Date of Appointment
Bus Átha Cliath	Kevin Bonner	29/06/2011
Bus Éireann	Paul Mallee	29/06/2011
Iarnród Éireann	Phil Gaffney	29/06/2011
Railway Procurement Agency	Tom Wall	28/07/2011

In addition, Vivienne Jupp was appointed Chairperson of CIE by the Government on 29 June 2011. Ms Jupp, Mr. Bonner, Mr. Mallee and Mr. Gaffney all appeared before the Joint Oireachtas Committee on Environment, Transport, Culture and the Gaeltacht on 12 July 2011.

[838]Mr. Tom Wall was appointed as Chairperson of the RPA on an interim basis to the 18/04/2012 pending the merger of the RPA and the National Roads Authority next year. Given the short nature of his appointment, it was not considered necessary for him to appear before the Joint Oireachtas Committee on Environment, Transport, Culture and the Gaeltacht. The Chairperson for the merged body will be designated in advance of the completion of the merger and will appear before the Committee prior to his/her appointment.

Furthermore, I have proposed that Mr. Gay Byrne be re-appointed as Chairperson of the Road Safety Authority. However, he is required to appear before the Oireachtas Joint Com-mittee on Environment, Transport, Culture and the Gaeltacht before that re-appointment will take effect. I understand that he is due to appear before the Committee on the 15th of November 2011.

The table lists the remuneration which applies to Board members. Expense arrangements are a day to day matter for the agencies.

My Department advertised in the National press on Friday 8th April 2011 and on the Department’s website for expressions of interest from individuals who wished to serve as Chairpersons of CIE and of its subsidiary companies or, as vacancies arise, in any board capacity on any of the State agencies for which I have responsibility. Two of the above Chairpersons expressed interest under that process.

Breakdown of rates of remuneration paid to the Chairpersons and Directors of State boards with effect from 1 January 2010

Category 1

Board	Chairperson’s Rate	Director’s Rate
Córas Iompair Éireann	€31,500	€15,750
Dublin Airport Authority	€31,500	€15,750

Category 2

Board	Chairperson’s Rate	Director’s Rate
Cork Airport Authority	€21,600	€12,600
Cork Port Company	€21,600	€12,600
Dublin Bus	€21,600	€12,600
Dublin Port Company	€21,600	€12,600
Dun Laoghaire Port Company	€21,600	€12,600
Irish Aviation Authority	€21,600	€12,600
Bus Éireann	€21,600	€12,600
Bus Átha Cliath	€21,600	€12,600
Iarnród Éireann	€21,600	€12,600
Railway Procurement Agency	€21,600	€12,600
Shannon Airport Authority	€21,600	€12,600
Fáilte Ireland	€20,520	€11,970
National Transport Authority	€20,520	€11,970

[839]Category 3

Board	Chairperson’s Rate	Director’s Rate
Shannon Foynes Port Company	€12,600	€8,100
Waterford Port Company	€12,600	€8,100
National Roads Authority	€11,970	€7,695
Tourism Ireland	€12.600	€8,100
Road Safety Authority	€11,970	€7,695

Category 4

Board	Chairperson’s Rate	Director’s Rate
Drogheda Port Company	€9,450	€6,300
Galway Port Company	€9,450	€6,300
Medical Bureau of Road Safety	€8,978	€5,985
Marine Casualty Investigation Board	€7,618	€5,079
Irish Sports Council	€8,978	€5,985
National Sports Campus Development	€8,978	€5,985

Categories below 4

Board	Chairperson’s Rate	Director’s Rate
Dundalk Port Company	€3,825	€1,575
Wicklow Port Company	€3,825	€1,575
New Ross Port Company	€3,825	€1,575
Railway Safety Advisory Council	€750 per Diem*	T & S covered**

286. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will request Dublin Bus to improve the frequency of bus service in an area (details supplied) in Dublin 15; and if he will make a statement on the matter. [29332/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is an operational matter for Dublin Bus in conjunction with the National Transport Authority. I have referred the Deputy’s question to Dublin Bus for direct reply. He should inform my private office if he does not receive a reply within ten working days.

287. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport the efforts he has made to date in assisting the re-establishment of the Foyle ferry service from Magilligan, County Derry to Greencastle in Inishowen, County Donegal; the future measures and efforts he will make to re-establish the service; and if he will make a statement on the matter. [29371/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I have received representations on this matter, and am considering the issue. It is not the practice of my Department to subsidise shipping routes, nor are there any funds available to my Department for this [840]purpose. The subsidisation of loss-making ferry services across the board would result in significant financial costs to the state, and moreover, could potentially result in other transportproviders being disadvantaged. I understand that in the past Donegal County Council under the Department of Environment Heritage and Local Government along with the UK authorities provided some funding for ferry services on Lough Foyle.

288. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will review a matter (details supplied) regarding legislation; and if he will make a statement on the matter. [29372/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As the issue of car clocking relates to commercial trading it is a matter for the National Consumer Agency in relation to the Consumer Protection Acts. I understand that the Consumer Protection Act 2007 makes it an offence for a trader to engage in a misleading commercial practice, which would include the provision of false information in relation to a products usage or prior history, to the extent that the information would be likely to cause the average consumer to make a transactional decision that the consumer would not otherwise make. I understand that the National Consumer Agency enforces this legislation and provides advice for prospective buyers in its Guide to Buying a Car. The issue of further legislation in this area is a matter for the Department of Enterprise, Jobs and Innovation.