Written Answers.

Questions - Written Answers

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Questions Nos. 1 to 12, inclusive, answered orally.

02/03/2017WRA00400Office of Public Works Projects

02/03/2017WRA0050013. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the cost and works required for the Seanad Éireann move to the ceramics room in the National Museum of Ireland; the arrangements in place; the safeguards in place for this room; and if he will make a statement on the matter. [3742/17]

02/03/2017WRA00600Minister of State at the Department of Public Expenditure and Reform (Deputy Seán Canney): Prior to and following the agreement with the National Museum of Ireland to tem-porarily relocate Seanad Éireann to the Ceramics Room of the Museum, the Office of Public Works has been actively engaged with the management and the staff of the Museum to assist with the process of their preparation of the detailed plans and tender documentation required to advance these works. Any and all works proposed will ensure that the integrity of the museum will be maintained and respected at all times. The outcome of investigative works that are now being undertaken will inform the detailed design and specifications of the works required and this accordingly will facilitate detailed cost estimates.

Questions Nos. 14 and 15 answered orally.

02/03/2017WRA00800Garda Stations

02/03/2017WRA0090016. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform if the legal negotiations on the site for the new Garda station in Bailieborough will be finalised as a priority; if there is a problem with the proposed new site in view of the fact legal negotiations have been ongoing for 15 months; and if he will make a statement on the matter. [10489/17]

02/03/2017WRA01000Minister of State at the Department of Public Expenditure and Reform (Deputy Seán Canney): The OPW is progressing the legal matters relating to the acquisition of the site as a matter of high priority. Legal negotiations, by their very nature, are complex and can take significant time to complete. It is expected that the current process will be completed shortly.

02/03/2017WRA01100Public Sector Pensions

02/03/2017WRA0120017. Deputy Jackie Cahill asked the Minister for Public Expenditure and Reform if he will

Written Answers.

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

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ensure that as public sector pay progresses post-FEMPI that all public sector pensions will rise pro rata; and if he will make a statement on the matter. [10500/17]

02/03/2017WRA01300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In the past, the ocupational pensions received by public service pensioners were generally adjusted in line with changes in the wages or salary of the pensioner’s grade at retirement. Sometimes referred to as “pay parity”, this non-statutory linkage lapsed in 2010 when pensions were left unchanged notwithstanding salary cuts at the beginning of that year affecting all public servants.

This pension protection, albeit tempered from 2011 in some cases by the imposition of the Public Service Pension Reduction (PSPR), has worked to the benefit of pensioners, as indeed have the “grace periods” in respect of new-award pensions which accompanied the public ser-vice salary cuts in 2010 and 2013.

In addition, the PSPR burden on pensioners is now being significantly alleviated under FEMPI 2015. This substantial part-reversal of the PSPR is proceeding in three stages over the period 2016 to 2018. When complete on 1 January 2018 it will mean that most public service pensioners are not affected by PSPR.

In light of these developments, the issue of how to adjust the post-award value of public service pensions through appropriate pay or other linkages will be considered by Government in due course.

02/03/2017WRA01400Public Sector Pay

02/03/2017WRA0150018. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the cost to revert to a single tier pay structure across the public sector; and if he will make a state-ment on the matter. [10498/17]

02/03/2017WRA0160021. Deputy Ruth Coppinger asked the Minister for Public Expenditure and Reform his Department’s progress in bringing to an end the two tier pay system that exists across the public service to the detriment of more recent entrants to the public service. [10626/17]

02/03/2017WRA01700Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): I propose to take Questions Nos. 18 and 21 together.

The 10% reductions in starting pay for certain new entrants were introduced in January 2011 as part of the National Recovery Plan in order to reduce the Public Service Pay Bill by the then Government and as a response to the serious fiscal position presenting at that time.

The issue of addressing the difference in incremental salary scales between those public servants, who entered public service employment since 2011 and those who entered before that date was addressed with the relevant union interests under the provisions of the Haddington Road Agreement (HRA). From 1 November 2013 pre and post-2011 pay scales were merged into a single consolidated scale applicable to each grade. Generally, the third point of 1 No-vember 2013 payscale is equivalent to the first point of scale of the pre 2011 scale. Guidelines in relation to the merging of the scales are available on my Departments website www.per.gov.ie/en/haddington-road-agreement/.

There are various factors which impacted on the pay scale and point of scale under which employees were recruited in the period from January 2011 such as prior public service experi-ence and incremental credit agreements. Detailed costings would require collation and estima-tion on an individual sector level, based on detailed data on the position of staff on each salary


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scale across the public service for each individual grade.

Any further remuneration adjustment, for any group of public servants including new en-trants, can be examined under the framework of the Lansdowne Road Agreement but must also be considered in the context of the total cost of the agreement (€844m) and the total cost of the outstanding FEMPI restoration post Lansdowne Road (€1.4bn).

Acting within these constraints, the Agreement has provided the flexability to address par-ticular sectoral issues such as the restoration of supervision and substitution payments and new entrant payments in the Education Sector and the restoration of rent allowances to new entrant firefighters and members of An Garda Síochána.

02/03/2017WRA01800Expenditure Reviews

02/03/2017WRA0190019. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if he will report on the expenditure reviews current and capital his Department is undertaking on Government spending in the lead up to budget 2018; the areas that will be reviewed; if these reviews will be brought to the budgetary oversight committee; and if he will make a statement on the matter. [10493/17]

02/03/2017WRA02000Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Work on the Spending Review announced in my speech accompanying the publication of the Estimates last October is now underway. This review will systematically examine existing spending pro-grammes to assess their effectiveness in meeting policy objectives and also to identify scope for re-allocating funding to meet expenditure priorities. The review differs from the ‘compre-hensive’ reviews of expenditures carried out in previous years, moving to a ‘rolling’ system of selective reviews. A significant proportion of current Departmental expenditure - with the exception of pay rates - will be examined this year, with the remainder to be covered in 2018 and 2019. The topics selected for review in this year’s round are currently being finalised. This approach to the review is informed by the Irish Government Economic Evaluation Service pa-per ‘Spending Reviews in Ireland: Lessons for the Future’ and has been tailored to reflect the changed context and lessons from previous reviews.

A review is also being carried out of the Capital Plan ‘Building on Recovery’, to ensure that capital spending is strictly aligned with national economic and social priorities, consistent with the objectives of the Programme for Partnership Government. The review will be undertaken in two stages. Phase one will be aimed primarily at advising the Government in the context of the Estimates 2018 on how the additional funding committed for capital funding should be al-located, over the remainder of the period of the plan. This will involve examination of priority areas for investment, consistent with the objectives of the existing capital plan, as well as re-flecting the specific investment priorities set out in the Programme for Government. Phase two of the review will assess and report on the framework required to underpin longer term analysis of Ireland’s infrastructure planning needs. The Taoiseach, in his recent address to the Institute of European Affairs ‘Ireland at the heart of a changing European Union’ reaffirmed that the new National Planning Framework for spatial planning due to be finalised later this year will be complemented with a long-term (i.e. 10 year) capital plan.

Regarding engagement with the Committee on Budgetary Oversight on the outcomes of these reviews, this will build on those already in place between my Department and the Com-mittee throughout the Budget cycle.

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02/03/2017WRA02100Public Procurement Regulations

02/03/2017WRA0220020. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the failures or non-compliance with public procurement rules identified by his Department; and if he will make a statement on the matter. [10496/17]

02/03/2017WRA02300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Public Pro-curement guidelines require that a competitive process should be the norm when purchasing and awarding public contracts except in duly justifiable circumstances. Even in the case of procurement which might not be subject to the full scope of EU Directives, the EU Commis-sion and European Court of Justice have ruled that EU Treaty principles must be observed. The essential Treaty principles include non discrimination, equal treatment, transparency, mutual recognition, proportionality, freedom to provide service and freedom of establishment. There is also a requirement to publicise contracts of significant value to a degree which allows parties in other Member States the opportunity to express an interest or to submit tenders.

Department of Finance Circular 40/02: Public Procurement Guidelines requires Central Government Departments to complete an annual report in respect of contracts above a €25,000 threshold (exclusive of VAT) which have been awarded without a competitive process. The circular states that all contracts awarded without a competitive process should be subject to an internal review, preferably by the Internal Audit Unit or alternatively by an appropriate senior officer who is not part of the procurement process. The annual report signed-off by Accounting Officers sets out a legitimate reason for not using a competitive process in relation to each con-tract. The report is forwarded to the Office of the Comptroller and Auditor General.

The Corporate Governance Standard for the Civil Service and the Code of Practice for the Governance of State Bodies also identify procurement as one of a number of activities requiring special attention in promoting good corporate governance. It is the responsibility of the Gov-ernment Departments and State Bodies to satisfy themselves that they adhere to the require-ments for public procurement and to make the necessary arrangements to ensure that tender processes are carried out in an appropriate manner.

In relation to compliance, public bodies are subject, at the Comptroller and Auditor Gen-eral’s discretion, to examination regarding their adherence to EU and National rules on public procurement.

Question No. 21 answered with Question No. 18.

02/03/2017WRA02500Direct Provision Data

02/03/2017WRA0260022. Deputy Fiona O’Loughlin asked the Tánaiste and Minister for Justice and Equality the latest data and the date it was recorded, on the number of persons currently in direct provision for one year or less, one year to two years, two years to three years, three years to four years, four years to five years and more than five years in tabular form; and if she will provide the equivalent data for the same date in 2015. [10789/17]

02/03/2017WRA02700Minister of State at the Department of Justice and Equality (Deputy David Stanton): According to the Reception and Integration Agency database, there were 4,644 persons residing in State provided accommodation at the end of February 2017. At the same date in 2015, there were 4,460 persons availing of State provided accommodation. This increase in the overall number of persons in accommodation masks the fact that there has been a significant decrease in the length of time protection applicants are spending in the system and the natural churn in


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the system. For example in 2016 alone, 1,960 persons left State provided accommodation and 1,685 persons took up the offer of State provided accommodation.

The following table sets out the duration of stay of those in State provided accommodation (based on their last entry into State provided accommodation) at end of February 2017 and the corresponding statistics for the same date in 2015.

Duration End February 2015 End February 2017 0 > 1 Year 1,172 1,754 1 > 2 Years 531 1,229 2 > 3 Years 408 603 3 > 4 Years 366 303 4 > 5 Years 352 181 5 years + 1,631 574 Total: 4,460 4,644As can be seen from the table, significant progress has been made in resolving the long stay

cases and this is evidenced by the fact that just over 64% of those persons residing in RIA ac-commodation at the end of February 2017 have been there for less than two years.

02/03/2017WRA02800Garda Communications

02/03/2017WRA0290023. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda stations with no Internet access. [10794/17]

02/03/2017WRA0300024. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda stations that have been allocated or issued with a computer; and the number of these stations that have no Internet access. [10795/17]

02/03/2017WRA0310025. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the number of memory sticks that have been allocated to each Garda station. [10796/17]

02/03/2017WRA0320028. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the number of digital cameras allocated to each Garda station. [10799/17]

02/03/2017WRA03300Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I propose to take Questions Nos. 23 to 25, inclusive, and 28 together.

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT, are matters for the Garda Commissioner and I, as Minister, have no direct role in these matters.

However, I understand from the Garda authorities that every Garda station has been allo-cated a computer but, as I informed the Deputy in response to Parliamentary Question No. 13 of 16 February 2017, there are some 178 stations that are not connected to the Garda Network. The Deputy will be aware that the matter of enhancing rural access to the Garda network by connecting non-networked sites to the Garda Network is an initiative under the Garda Síochána Modernisation and Renewal Programme 2016-2021. This includes plans to introduce mobile technology solutions to enable operational Gardaí to access core information systems, includ-ing PULSE, while on duty and away from Garda stations. Providing members with real-time information on mobile devices, as well as enabling investigation teams to collect and share information digitally, will improve the effectiveness of the service provided to communities.

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Work on this has commenced.

In relation to the number of memory sticks allocated to each and every Garda station in the State, I have been advised by the Garda authorities that this information is not readily available and that the provision of the information would require a disproportionate amount of Garda time and resources. I have asked the Garda Commissioner for the other information requested by the Deputy and will revert to him when it is to hand.

I might add that the Garda Síochána Modernisation and Renewal Programme 2016-2021 is intended to professionalise, modernise and renew An Garda Síochána to ensure that the or-ganisation can meet present and future challenges. I am informed that the Programme priori-tises technology projects with the aim of improving the services delivered to communities by members of An Garda Síochána. The Government is highly supportive of these initiatives and this is underpinned by significant Government investment under the Capital Plan of some €205 million in additional funding for Garda ICT.

02/03/2017WRB00200Garda Resources

02/03/2017WRB0030026. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the cost of the Garda information services centre each year since its establishment; and the number of Garda personnel and the number of civilian personnel allocated to it. [10797/17]

02/03/2017WRB00400Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): The Dep-uty will appreciate, it is the Garda Commissioner who is responsible for the distribution of re-sources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter.

I have asked the Garda Commissioner for the other information requested by the Deputy and will revert to him when it is to hand.

02/03/2017WRB00500Garda Transport Data

02/03/2017WRB0060027. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda cars currently in operation; and the number of these cars that have satellite navigation installed. [10798/17]

02/03/2017WRB00700Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): As the Deputy will appreciate, the Garda Commissioner is responsible for Garda resources, including the acquisition of vehicles for the Garda fleet, and I, as Minister, have no direct role in the mat-ter.

I am, however, advised by the Garda Authorities that, as at the 27 February 2017 which is the latest date for which figures are available, the Garda fleet comprised of some 2,815 vehicles. While the standard specification for official Garda vehicles does not include satellite naviga-tion, I am advised for example that some 32 vehicles were purchased in 2016 which had satel-lite navigation installed


02/03/2017WRB00900Asylum Applications


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02/03/2017WRB0100029. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality if she will return the original birth certificates (details provided) submitted with asylum applications as these are now required for passport applications. [10809/17]

02/03/2017WRB01100Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): Officials of the Irish Naturalisation and Immigration Service (INIS) of my Department are seeking to resolve this issue and I will write to the Deputy shortly to update him on the matter.

The Deputy might note that queries in relation to individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy should consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

02/03/2017WRB01200Garda Deployment

02/03/2017WRB0130030. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the total number of gardaí assigned to the Waterford Garda division for each of the years 2010 to 2016 and to date in 2017; and if she will make a statement on the matter. [10911/17]

02/03/2017WRB01400Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): The Dep-uty will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minis-ter, have no direct role in the matter. I am assured by the Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am further informed by the Commissioner that the Garda strength of the Waterford Divi-sion, on the 31 January 2017, the latest date for which figures are readily available, was 277. There are also 24 Garda Reserves and 28 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and the Organised Crime Bureau.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Waterford Division. I

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am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end.

This focus on investment in personnel is critical. The moratorium on recruitment intro-duced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division including the Waterford Division, in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government’s Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

For the Deputy’s information I have set out in the following table the strength of the Water-ford Division for the years 2010 to 2016 and up to 31 January 2017, the latest date for which figures are readily available, as provided by the Commissioner.

Waterford Garda Strength 2010-2017Year Strength 2010 3052011 2902012 2842013 2742014 2742015 2822016 2772017* 277*up to 31 January 2017

02/03/2017WRB01500Prisoner Health

02/03/2017WRB0160031. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the supports being provided to a person (details supplied) who is on the waiting list for admission to the central mental hospital; when the person will be admitted to the hospital; and if she will make a statement on the matter. [10975/17]

02/03/2017WRB01700Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Prison Service that in-reach mental health services are made available to the persons in its custody through its collaboration with the Health Service Executive, and the National Forensic Mental Health Service. The National Forensic Mental Health Service is cur-rently providing forensic mental health sessions in Cloverhill Prison.

The Irish Prison Service has access to a limited number of places in the Central Mental Hospital for prisoners who require residential mental health treatment. There is currently an average of 20 prisoners each week awaiting transfer to the Central Mental Hospital.


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The Health Service Executive confirmed in recent correspondence that the person referred to in the Deputies question was 15th on the waiting list. This person continues to be treated under the mental health services available from the Prison In-Reach and Courts Liaison Service team.

The Irish Prison Service understands that, in view of the pressures on capacity in the Central Mental Hospital at present, the National Forensic Mental Health Service is currently manag-ing the competing priorities of all patients who have been assessed as having a requirement for admission to the Central Mental Hospital on the basis of assessed clinical need.

The Health Service Executive has confirmed that the National Forensic Mental Health Ser-vice Clinical Team will continue to provide the best care and treatment possible in the prison environment to the person referred to. However, it is not in a position at present to give an estimate of when this person will be admitted to the Central Mental Hospital.

02/03/2017WRB01800Civil Legal Aid

02/03/2017WRB0190032. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the way in which a person with limited resources is able to defend themselves in civil matters against a publicly funded institution with its own publicly funded legal supports; and if she will make a statement on the matter. [10979/17]

02/03/2017WRB02000Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): As the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Le-gal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations 1996 to 2016. The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain finan-cial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.

All applicants for civil legal aid and advice are required to meet both the merits test and the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are also required to pay some contribution. The minimum amount is €30 for legal advice and a minimum of €130 applies for legal aid, which includes the advice contribution already paid.

It should be noted that the Civil Legal Aid Act provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant.

02/03/2017WRB02100Civil Legal Aid

02/03/2017WRB0220033. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if she will consider putting a fund in place for persons and publicly funded institutions to apply for resources in civil legal cases where the same limits of funding would apply to both; and if she will make a statement on the matter. [10980/17]

02/03/2017WRB02300Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): As the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Le-

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gal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2013). The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain finan-cial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.

Overall, this Government has made significant strides in improving the efficiency of the le-gal aid system and I am satisfied that the current model is appropriate to meet the needs of those people seeking civil legal aid insofar as is possible.

02/03/2017WRB02400Legal Services Regulation

02/03/2017WRB0250034. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equal-ity the way in which the independence of the legal services regulator is assured; and if she will make a statement on the matter. [10981/17]

02/03/2017WRB0260035. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if the new legal services regulator has a remit to examine cases retrospectively; if any statute of limitations applies; and if she will make a statement on the matter. [10982/17]

02/03/2017WRB02700Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I propose to take Questions Nos. 34 and 35 together.

Under section 13(3) of the Legal Services Regulation Act 2015 it is provided that, subject to the Act, the Legal Services Regulatory Authority “shall be independent in the performance of its functions”. This principle permeates the entire 2015 Act and its respective provisions including in terms of the independence of the nomination of the Legal Services Regulatory Au-thority which has eleven members including a lay majority and a lay Chairperson. Under Part 2 of the 2015 Act, the Regulatory Authority, which has its own corporate identity and can sue or be sued in its own right, also appoints its own staff and Chief Executive subject to the usual oversight framework of the Department of Public Expenditure and Reform. It can establish its own committees in the conduct of its day to day business. It is subject, under the Act, to a suite of annual, business and strategic reporting obligations while also being financially and opera-tionally accountable, including through its Chief Executive, to the Office of the Comptroller and Auditor General, the Public Accounts Committee, and the Oireachtas Joint Committee on Justice and Equality. In short, and with the benefit of a series of reinforced independence provi-sions introduced under Government amendments following publication of the Legal Services Regulation Bill in 2011, the Regulatory Authority now has the structures, functions and pow-ers consistent with an effective, independent regulator while being democratically accountable including to the Houses and relevant Committees of the Oireachtas.

The statutory independence conferred by the 2015 Act also extends to potential members of the Legal Services Regulatory Authority. Such persons are each, under the relevant provi-sions of Part 2 of the 2015 Act, put forward by one of ten prescribed nominating bodies that are intended to represent a regulatory balance of interests between lawyers and the consumers of legal services. Neither the Government nor any other non-specified entity can nominate or otherwise insert additional candidates for membership of the Authority under these nomination and appointment provisions. In the consideration of nominees for membership of the Regula-tory Authority both the nominating bodies and the Government are obliged to ensure that the nominees have relevant knowledge and expertise in a range of areas that are specified in Part 2 of the 2015 Act. By way of further safeguard, it is provided under section 9(2)(a) of the Act that when the members of the Regulatory Authority are to be appointed by the Government, there


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first has to be a resolution approving such appointment passed by each House of the Oireachtas. There is no departmental official sitting on the Authority and its membership is also staggered by way of both ensuring continuity of function and preventing change to the full membership at one time. Not only, therefore, is the independence of the Regulatory Authority set out in its own establishment and governance provisions, it is also copper-fastened by its chain of public accountability which is laid out under the 2015 Act as I have just described.

The independence of the Legal Services Regulatory Authority provided in the 2015 Act mir-rors that which the Act also applies in relation to the legal professions and their clients. Under section 13(4) of the Act, the objectives to be observed by the Regulatory Authority in the perfor-mance of its functions include those of supporting and promoting the interests of the public and consumers and of competition in the provision of legal services in the State. They also include the objectives of supporting the proper and effective administration of justice, encouraging an independent, strong and effective legal profession and promoting and maintaining adherence to the professional principles. The professional principles, as set out in section 13(5), of the 2015 Act, are that legal practitioners must act with independence and integrity, act in the best inter-ests of their clients and maintain proper standards of work. Moreover, they must comply with the duties that are rightfully owed to the court, and they must, subject to professional obliga-tions, keep the affairs of their clients confidential. In a similar vein, the Regulatory Authority is also free from any Government or Ministerial involvement in relation to its regulation of codes of practice or professional codes under sections 22 and 23 of the 2015 Act, respectively.

Independence of function is also a cornerstone of the professional conduct and public com-plaints procedures that will be introduced with the commencement, at the appropriate time, of Part 6 of the 2015 Act. This will include the establishment of a new Legal Practitioners’ Disciplinary Tribunal that will deal with allegations of misconduct in relation to both solicitors and barristers. At the same time, the Disciplinary Tribunal will be independent in its functions of the Regulatory Authority, the Government and the legal professional bodies. Relevant com-plaints will no longer be made by the public through the legal professional bodies as happens at present, but directly to the new Authority. Complaints made and completed under the existing professional conduct and disciplinary regimes operated by the Law Society or the Bar Council or their respective disciplinary tribunals cannot be made again to the new Regulatory Author-ity. Similarly, under the 2015 Act, any ongoing complaints already made under these existing regimes will have to be completed under their existing procedures and existing law.

With regard to the question of dealing with cases retrospectively, when Part 6 of the Legal Services Regulation Act 2015 is commenced then any new complaints from the date of com-mencement will be dealt with by the Regulatory Authority. It is my understanding that under the transitional provisions set out under section 91 of the 2015 Act, if they concern acts or omis-sions by solicitors that have occurred before the commencement date of Part 6, the Authority will deal with them. If such pre-commencement acts or omissions relate to inadequate services this will be done under the 2015 Act but if they relate to alleged misconduct by a solicitor then “misconduct” for the purposes of the complaint will continue to have the meaning it currently has under section 3 of the Solicitors (Amendment) Act 1960. Where new complaints concern acts or omissions arising following the commencement of Part 6 of the 2015 Act then they will be dealt with by the Regulatory Authority under the new provisions and procedures of that Act. There is a three-year time limit set out under section 58(7) of the 2015 Act for what might be described essentially as service-level complaints. This would be where, for example, it is being alleged that the legal services provided by a legal practitioner are of an inadequate standard, or that an amount of costs was excessive. However, the Deputy will particularly wish to note that, as currently is the case, there is no time limit set under Part 6 of the 2015 Act for complaints about professional misconduct. Complaints at this level would concern acts or omissions that

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may be considered as constituting professional misconduct as set out under section 50 of the 2015 Act. Such misconduct would, for example, include the seeking of an amount of costs in respect of the provision of legal services that is “grossly excessive” or the committing of certain listed breaches or offences.

02/03/2017WRB02800Visa Applications

02/03/2017WRB0290036. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the travel visa requirements that apply to a person (details supplied). [10990/17]

02/03/2017WRB03000Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as the person mentioned by the Deputy is a South African citizen, they do not need to apply for a visa to join their Irish spouse or accompany them if they are moving to Ireland. Details are available at the following link www.inis.gov.ie/en/INIS/Pages/non-visa-long-family-irish.

After entering the State, the person mentioned must apply for permission to stay in Ireland and register with their local Immigration Office prior to the expiry of their visitor’s permission, (i.e. landing stamp in their passport). The person mentioned and their Irish spouse must attend at their local immigration office to register as the spouse of an Irish National. Details on the requirements are available on the website at www.inis.gov.ie/en/INIS/Pages/WP07000024. In this instance route A applies.

It is important to appreciate that this process cannot start from outside the State.

Once registered, the person’s passport will be endorsed with a Stamp 4 which will enable the person to reside in the State, enter employment without the need for a work permit or set up a business in the State without the consent of the Minister. Renewal of permission will be subject to attendance with his spouse at their local Immigration Office, the provision of his passport, their spouse’s passport, marriage certificate and proof of address.

If they propose to live in the Dublin area they will have to make an appointment to register their permission at the Burgh Quay Registration Office as soon as they arrive in the state. INIS advises applicants to book an appointment up to ten weeks before their permission expires. Ap-plicants who have not managed to secure an appointment before the expiry of their permission should check the website at 2:30pm daily to secure an early appointment. I am informed that INIS recognises that emergency situations can arise. Such cases are with dealt with on a case by case basis and enquiries should be sent to [email protected].

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is in the Deputy’s view, inad-equate or too long awaited.

02/03/2017WRB03100Naturalisation Applications

02/03/2017WRB0320037. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [10996/17]


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02/03/2017WRB03300Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy - which was received in January this year - is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satis-fied.

As the Deputy will appreciate, 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.

It is recognised that all applicants for citizenship would wish to have a decision on their ap-plication without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Ques-tions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

02/03/2017WRB03400Residency Permits

02/03/2017WRB0350038. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 46 of 19 January 2017, when update of stamp 4 will be arranged in the case of a person (detail supplied); if all matters relating to the request from INIS by way of letter dated 6 January 2017 and not referred to in the aforementioned reply have now been complied with; and if she will make a statement on the matter. [10997/17]

02/03/2017WRB03600Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy was granted a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child on 12 January 2016. An application for renewal of residency was received in the relevant Section of the INIS on 16 November 2016. The application is under consideration at present and the INIS will be in contact with the person concerned when the case has been finalised.

I wish to advise the Deputy that Parliamentary Question No. 46 of 19 January 2017 does not relate to the person referred to by the Deputy.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

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02/03/2017WRB0380039. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [10998/17]

02/03/2017WRB03900Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11 March 2005, following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to ‘affirm’ or to ‘revoke’ the exist-ing Deportation Order.

The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended) and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to re-admit, or refuse to re-admit, the person concerned to the asylum/protection process.

The Deputy may also wish to note that queries in relation to the status of individual immigra-tion cases may be made directly to the INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

02/03/2017WRB04000Family Reunification Applications

02/03/2017WRB0410040. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [11000/17]

02/03/2017WRB04200Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am in-formed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of a request being received from the person referred to by the Deputy concerning either family reunification or their general immigration status. I am also informed by INIS that the person in question appears to be currently illegal in the State as their permission expired on 10 November 2014.

They should be aware that it is illegal for them under the Immigration Act 2004, to remain in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under Section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In ad-dition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of


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registration.

If the person referred to by the Deputy wishes the Minister to consider their immigration status, they should apply for the appropriate immigration permission as soon as possible. The person concerned should be referred to the INIS website - www.inis.gov.ie - which details the policies, procedures and application process for the various types of immigration permission.


02/03/2017WRB0440041. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [11003/17]

02/03/2017WRB04500Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I refer the Deputy to my answer to his Parliamentary Question No. 70 of 2 February 2017. The position remains as stated. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was deemed ineligible for reasons provided to the person concerned in a letter issued on 23 May 2016.

The records show that the person’s permission to reside expired on 22 November 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.

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 Citi-zenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line natu-ralisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Ques-tions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

02/03/2017WRB04600Visa Applications

02/03/2017WRB0470042. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when a joint spouse visa application will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [11007/17]

02/03/2017WRB04800Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I am ad-vised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was refused by the Visa Office in Dublin on 16 February 2017. The decision was communicated to the applicant who was advised that an appeal could be submitted up to two months following the visa refusal.

No appeal has been submitted as yet. If an appeal is made, the applicant should bear in mind the refusal reasons communicated to the applicant and be in a position to address them.

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Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained with-out the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

02/03/2017WRB04900Garda Station Closures

02/03/2017WRB0500043. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 29 of 15 November 2016, the status of a pilot scheme for the re-opening of Garda stations; if the six stations for re-opening on a pilot basis in line with the commitment in the programme for a partnership Government have been identified; the dates on which they will re-open; if the wider review being overseen by the Policing Authority has concluded; and if she will make a statement on the matter. [11062/17]

02/03/2017WRB05100Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): The Dep-uty will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expec-tations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.

In line with the commitment in the Programme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. I understand that work is currently underway in An Garda Síochána to identify the 6 stations for inclusion in the pilot. I have not received a report on any aspect of this matter from the Garda authorities and, pending receipt of that report, I am not in a position to give any further information.

It is intended that the results of the pilot scheme will feed into the wider ongoing review by the Garda Síochána Inspectorate, at the request of the Policing Authority, of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.

02/03/2017WRB05200International Conventions

02/03/2017WRB0530044. Deputy Jim O’Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the implementation of the Istanbul Convention; and if she will make a statement on the matter. [11098/17]

02/03/2017WRB05400Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): This Gov-ernment is totally committed to tackling domestic violence, as am I as Tánaiste and Minister for Justice and Equality.

The Programme for Government commits to full implementation of the Istanbul Conven-tion. This Convention is a significant legal instrument in tackling violence against women and domestic violence. Many of the actions required by provisions in the Istanbul Convention are being implemented on a daily basis under current legislation and administrative practice. The


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18 outstanding actions necessary to ratify the Istanbul Convention were published in the multi-annual action Plan which was published when Ireland signed the Convention on 5th November 2015. These actions are also contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, published in January, 2016. It is intended that they will be delivered by the first quarter of 2018.

Some of the key actions required for ratification of Istanbul include the enactment of the Do-mestic Violence Bill. This will extend access to interim barring orders and give judges power to refer perpetrators to programmes both of which are required under the Istanbul Convention. The enactment of the Criminal Justice (Victims of Crime) Bill will also support ratification.

The overall position in respect of the 18 actions required for ratification at the end of June 2016 was:

i) 8 actions were on target

ii) 2 actions were completed (establishment of a Strategic Oversight Committee and the removal of reasonable chastisement as a common law offence)

iii) 4 actions are delayed less than six months (the Domestic Violence Bill covers 3 of these actions, the other action is the Victims Bill)

iv) 4 actions have yet to commence (2 of these actions do not arise until the Convention is ratified - amendment of Mutual Assistance Act and the provision of information by the Irish Human Rights and Equality Commission; one action is scheduled to commence in quarter two 2017 - annual report to be placed in Oireachtas library and one action has a timescale of quarter 4 2017 - legislation for extraterritorial offences).

A review of implementation of the Strategy for the year ended December 2016 is currently being finalised.

The Deputy may also wish to note I launched a national awareness campaign as part of the Second National Strategy in November 2016. It is intended that it will run for a period of 6 years up to 2021, subject to the continued availability of the necessary funding. The overall aim of the campaign is to increase the awareness of domestic and sexual violence, to bring about a change in long established societal behaviours and attitudes and to activate bystanders with the aim of decreasing and preventing this violence. It will recognise that women and men are victims of such crimes.

02/03/2017WRC00200Legislative Process RIA

02/03/2017WRC0030045. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the legis-lative proposals published by her Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by her Department that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11156/17]

02/03/2017WRC0040046. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if regula-tory impact assessments for legislative proposals published by her Department include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11171/17]

02/03/2017WRC00500Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I propose to take Questions Nos. 45 and 46 together.

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The information requested by the Deputy is provided in the following table. I am informed that the preparation of each Regulatory Impact Assessment is guided by the Department of the Taoiseach’s Revised RIA Guidelines. The guidelines state that the following impacts must be considered as part of the process:

- National competitiveness

- The socially excluded and vulnerable groups

- The environment

- Whether there is a significant policy change in an economic market, including consumer and competition impacts

- The rights of citizens

- Compliance Burden

- North-South and East-West Relations.

However, this list is indicative only and if other specific impacts arise in the context of pro-posals, these also fall to be considered as part of the process. In addition, not all impacts are relevant to every legislative proposal/RIA and so they are only applied as considered relevant to each case. The guidelines also set out the various exceptions to the requirement for a Regu-latory Impact Assessment. If the Deputy requires further detail regarding the relevant impacts considered in respect of any specific RIA, the published documents are available on my Depart-ment’s website www.justice.ie.

Name of Legislation Date Published RIA (Y/N)Criminal Justice (Victims of Crime) Bill 2106

29 December 2016 Yes

Courts (No. 2) Bill 2016 21 December 2016 YesBail (Amendment) Bill 2016 08 December 2016 YesJudicial Appointment Com-mission Bill 2016


Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016

22 July 2016 No

Commission of Investigation (IBRC) Bill 2016

29 June 2016 No

Proceeds of Crime (Amend-ment) Bill

28 June 2016 No

General Scheme for the Equality/Disability (Miscel-laneous Provisions) Bill

01 March 2016 Yes

Criminal Justice (Offences Relating to Information Sys-tems) Bill 2016

19 January 2016 No

General Scheme Paternity Leave Bill

01 January 2016 Yes

The Courts Act 2015 20 December 2015 No


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Name of Legislation Date Published RIA (Y/N)Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2014


Bankruptcy (Amendment) Bill 2015

09 December 2015 No

Prisons Bill 2015 01 December 2015 NoInternational Protection Bill 2015

17 November 2015 Yes

Criminal Law (Sexual Of-fences) Bill 2015

23 September 2015 No

Marriage Bill 2015 (enacted as Marriage Act 2015)

17 September 2015 Yes

Criminal Justice (Burglary of Dwellings) Bill 2015


Choice of Court (Hague Convention) Bill 2015

24 June 2015 No

International Protection Bill 25 March 2015 YesGarda Síochána (Amend-ment)(No. 3) Bill 2014

09 March 2015 No

Children and Family Rela-tionships Bill 2015 (enacted as the Children and Family Relationships Act 2015)

19 February 2015 Yes

Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill 2015

23 January 2015 No

Redress for Women Who Were In Certain Institutions Bill 2014

10 December 2014 No

Personal Insolvency (Amendment) Bill 2014

21 October 2014 Yes

Criminal Justice (Mutual Assistance) (Amendment) Bill 2014

18 August 2014 No

Criminal Justice (Terrorist Offences) (Amendment) Bill

15 August 2014 No

Court of Appeal Bill 2014 02 July 2014 YesCriminal Justice (Forensic Evidence and DNA Data-base System) Bill 2013


Fines (Payment and Recov-ery) Bill 2013

17 July 2013 Yes

Assisted Decision Mak-ing (Capacity) Bill 2013 (enacted as Assisted Deci-sion Making (Capacity) Act 2015)

17 July 2013 Yes

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Name of Legislation Date Published RIA (Y/N)Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013

05 July 2013 No

Prison Development (Con-firmation of Resolutions) Bill 2013

20 June 2013 No

Criminal Law (Human Traf-ficking) (Amendment) Bill 2013

12 April 2013 No

Courts Bill 2013 (later the Courts and Civil Law (Mis-cellaneous Provisions) Bill 2013

14 March 2013 Yes

Criminal Justice (Money Laundering & Terrorist Fi-nancing) (Amendment) Bill 2013 – (later the Criminal Justice Act 2013)

29 January 2013 Yes

Europol Bill 2012 24 July 2012 NoEuropean Arrest Warrant (Application to Third Coun-tries and Amendment) and Extradition (Amendment) Bill 2012

24 July 2012 No

National Vetting Bureau (Children and Vulnerable Persons) Bill 2012

18 July 2012 Yes

Criminal Justice (Search Warrants) Bill 2012

06 June 2012 Yes

Criminal Justice (Spent Con-victions) Bill 2012

02 May 2012 Yes

Criminal Justice (Withhold-ing of Information on Of-fences against Children and Vulnerable Adults) Bill 2012

23 April 2012 Yes

Twenty-Ninth Amendment of the Constitution(Judges’ Remuneration) Act 2011

17 November 2011 No

Legal Services Regulation Bill 2011

10 October 2011 Yes

Criminal Justice Bill 2011 11 May 2011 YesCriminal Justice (Commu-nity Service) (Amendment) (No. 2) Bill 2011

16 March 2011 Yes

02/03/2017WRC00600Help-To-Buy Scheme Eligibility

02/03/2017WRC0070047. Deputy Josepha Madigan asked the Minister for Finance if there are plans for sepa-


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rated persons who have agreed to relinquish their ownership of a family home on foot of a court order to be treated as a first-time buyer for the help-to-buy initiative announced in the last bud-get (details supplied); and if he will make a statement on the matter. [10824/17]

02/03/2017WRC00800Minister for Finance (Deputy Michael Noonan): The tax treatment referred to by the Deputy, regarding an exemption from Stamp Duty for certain first-time buyers ceased to apply to instruments executed on or after 8 December 2010.

The legislation that introduced the Help to Buy incentive in Finance Act 2016, now con-tained in Section 477C of the Taxes Consolidation Act 1997, defines a first-time purchaser as “an individual who ... has not, either individually or jointly with any other person, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling”. This definition is in line with that which underpins the Central Bank’s macro-prudential mortgage rules.

Those who previously purchased homes are not eligible for the Help to Buy scheme. Such individuals may have already received the assistance of the State in relation to their original home purchase through grants or through mortgage interest relief. I have no plans to introduce the amendment suggested by the Deputy.

02/03/2017WRC00900Help-To-Buy Scheme Eligibility

02/03/2017WRC0100048. Deputy Bernard J. Durkan asked the Minister for Finance if assistance under the help-to-buy scheme will be afforded to a person (details supplied) who moved into their new property just a couple of weeks before the scheme was initiated; and if he will make a statement on the matter. [10815/17]

02/03/2017WRC01100Minister for Finance (Deputy Michael Noonan): The commencement date for the Help to Buy scheme of 19 July 2016 was chosen as it was the date of the launch of ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’, in which the development of such a scheme for inclusion in the Budget was initially announced. The intention to backdate the scheme to this date was announced at that time with a view to avoiding any potential interruption in house sales, by purchasers who may otherwise have deferred purchases, pending the commencement of the incentive.

I have no plans to backdate the scheme prior to 19 July, as to extend eligibility for the scheme further back than the date of its initial announcement would consist entirely of dead-weight. One of the primary policy aims of the incentive is to assist those struggling to save for the deposit required in purchasing a house. Individuals who purchased new homes before the announcement of the incentive, did not need the assistance of the State to fund the required deposit. Such individuals made their purchasing decisions on the basis of the information avail-able to them at the time of purchase, and could not have expected a subsequently introduced tax relief to also be available to them. Similarly, those who commenced the drawdown of agreed mortgages in respect of self built properties before 19th of July, could also not have expected a subsequently introduced tax relief to be available to them.

As with all time bound reliefs, there will always be those who just miss out on qualification. I do not intend to extend the parameters of this new measure any further as it would become less targeted and more costly.

02/03/2017WRC01200Tax Collection

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02/03/2017WRC0130049. Deputy Brendan Griffin asked the Minister for Finance the anticipated timeframe for the test case and subsequent result of an issue (details supplied); if the Revenue Commissioners have taken on board concerns expressed regarding the handling of this case; and if he will make a statement on the matter. [10871/17]

02/03/2017WRC01400Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commis-sioners that as the Tax Appeal Commission (TAC) is an entirely independent statutory body with sole responsibility for accepting or refusing appeals, deciding the manner in which the appeals process is to be conducted and for managing the adjudication and determination of appeals, that they are not in a position to advise on the anticipated time-frame for the appeals process to be conducted.

It is not clear which concerns the Deputy is referring to as there has been considerable com-mentary on many aspects of the issue in question. As I have indicated to the House, Revenue’s responsibility is to implement the Taxes Acts. Where a taxpayer disagrees with an assessment raised by Revenue, he or she can appeal any such assessment and the assessment will be deter-mined by the TAC and if necessary, the Courts. In relation to this particular issue, that process is now underway and it would be inappropriate for me to comment further.

02/03/2017WRC01500Tax Collection

02/03/2017WRC0160050. Deputy Pearse Doherty asked the Minister for Finance the number of appeals in which the Revenue Commissioners have participated in the Tax Appeals Commission process, in each of the past three years by cases won, lost or a decision not yet reached; and if he will make a statement on the matter. [10974/17]

02/03/2017WRC0170051. Deputy Pearse Doherty asked the Minister for Finance the number of Tax Appeals Commission decisions the Revenue Commissioners have appealed to the High Court in each of the past three years; the number of cases won on appeal; the number of cases lost in the High Court that were further appealed; the total cost in legal and other fees incurred as a result of these appeals; and if he will make a statement on the matter. [10976/17]

02/03/2017WRC0180052. Deputy Pearse Doherty asked the Minister for Finance the value of tax that has been collected due to legal challenges by the Revenue Commissioners of a Tax Appeals Commission decision that otherwise would not have been collected; and if he will make a statement on the matter. [10977/17]

02/03/2017WRC01900Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 50 to 52, inclusive, together.

I am advised by Revenue that it is not in a position to provide all of the information re-quested by Deputy Doherty as certain appeals-related data is either not routinely captured by Revenue or is not captured in a form that is readily accessible. Revenue is currently taking steps to address this issue by developing its case management system to track all stages in the management of appeals. When completed it will be possible to extract more flexible and rel-evant appeals-related data from Revenue’s case management system.

In relation to the number of appeal cases that Revenue has participated in and the outcome of those appeals for the years 2014 to 2016, Revenue is not in a position to provide the com-plete set of figures. Figures can be provided in relation to those cases where Revenue engaged a barrister to argue its case, but not for those cases where Revenue officers themselves argued the case.


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Table 1 OUTCOME OF APPEAL COMMISSIONER HEARINGS (Barrister engaged by Revenue)

Year Revenue Win Taxpayer Win Split Decision Awaiting Determination(see end note)

2014 12 9 0 36 2015 20 17 2 92016 2 0 0 22Note to table 1: These are the number of cases for which a determination had not been

made by the end of the particular year. It does not mean that the number of cases shown for each year is still awaiting an Appeal Commissioner determination.

I am also advised by Revenue that the following table contains information in relation to the years 2014 to 2016 for the number of cases that Revenue appealed to the High Court in those years, the outcome of these cases and the associated legal and other fees incurred. These are appeals whereby Revenue requested that the Appeal Commissioners state a case for the opinion of the High Court on a point of law.

Table 2 REVENUE COMMISSIONER APPEALS TO THE HIGH COURT

Year No. appeals Settled and/or withdrawn

Awaiting a hearing

Revenue un-successful

Legal and other fees (note 1)

2014 3 3 N/A N/A €55,6482015 16 8 7 1 €510,595

(note 2)2016 No Appeal

Commis-sioner de-terminations appealed by Revenue in 2016

Notes to table 2

1. Each party pays their own costs before the Appeal Commissioners. High Court costs usu-ally follow the event and the successful party is awarded their costs.

2. This figure comprises €208,848 for the cases that were settled and/or withdrawn and €301,747 for the cases that are awaiting a hearing. The costs for the appeal in which Revenue was unsuccessful have yet to be agreed between the parties or taxed by the Taxing Master of the High Court in default of agreement.

I am further advised by Revenue that it is not in a position to provide information on the amount of tax that is collected as a result of its successful appeal to the Courts against a de-termination made by the Appeal Commissioners. However, Revenue has advised that it could carry out an exercise to establish this information and revert to the Deputy at a future date. The information requested in question no. 10977/17 has an open-ended timeframe. In an attempt to make this exercise manageable and to provide the information within a reasonable period, Revenue has proposed that the information be provided in relation to the same three year period

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requested by the Deputy for the other information requested, i.e. for the years 2014 to 2016.

The Tax Appeals Commission will be producing its first annual report over the next number of weeks which will contain statistics regarding the number of appeals received in 2016.

02/03/2017WRC02000Fuel Rebate Scheme

02/03/2017WRC0210053. Deputy Pearse Doherty asked the Minister for Finance the tax rebate to date to bus and coach operators under the fuel rebate scheme since it was extended to them by rebates to State-owned companies and private companies; and if he will make a statement on the matter. [10983/17]

02/03/2017WRC02200Minister for Finance (Deputy Michael Noonan): A relief on mineral oil tax paid on auto-diesel purchased within the State by qualifying passenger transport operators, on or after 1st July 2013, was provided for by Section 99A of the Finance Act 1999 (as inserted by Section 51 of the Finance Act 2013). The repayment amount is calculated by reference to a sliding scale based on the average price at which auto-diesel is available for purchase during a repayment period. The maximum relief is 7.5 cents per litre for fuel purchased at €1.54 or over and no relief applies where the purchase price is €1.23 or less.

Repayments under the scheme may be made to licensed passenger transport operators. To qualify for the repayment, passenger transport operators must hold either a national road pas-senger transport operator’s licence or an international road passenger transport operator’s li-cence issued under the Road Traffic and Transport Act 2006. Passenger transport operators with a licence issued in another EU Member State must hold a ‘Community Licence’ within the meaning of Regulation (EC) No. 1073/2009. Furthermore, the passenger transport vehicle concerned must be classified as an M2 or M3 vehicle under the EU “type approval” Directive 2007/46/EC. This includes buses, and minibuses with seating for a minimum of nine passen-gers.

Full details on the requirements for qualifying road transport operators in relation to repay-ments under the scheme are available on Revenue’s website at www.revenue.ie/en/tax/excise/diesel-rebate-scheme. A repayment will not be made where, in the case of qualifying road transport operator in the State, the claimant does not hold a current tax clearance certificate. Claimants based in other EU Member States must provide a statement from the tax authority of that Member State that the claimant is tax compliant in that Member State. Repayment is also disallowed in the case of a claimant who is a mineral oil trader, and who has not complied with the requirements set down in mineral oil tax law for dealing in and with, and delivering, mineral oil.

Under the rebate scheme, the total amount refunded to State and privately owned bus and coach operators to date is €7.2m. Due to the small numbers of cases involved and the Rev-enue Commissioners’ obligation to observe the confidentiality of taxpayer information, it is not possible to provide a breakdown of the rebate to State-owned companies and privately owned companies separately.

02/03/2017WRC02300Revenue Commissioners

02/03/2017WRC0240054. Deputy Pearse Doherty asked the Minister for Finance the Revenue Commissioners offices in which it is planned to end the walk-in service; the timeframe and date it is planned to end this service in each office; and if he will make a statement on the matter. [10991/17]


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02/03/2017WRC02500Minister for Finance (Deputy Michael Noonan): I am assured by Revenue that they are committed to making it as easy and as straightforward as possible for taxpayers to be compliant. Revenue’s Statement of Strategy 2017 - 2019 makes clear that commitment to providing advice and information both online and through other channels.

The extension of an appointments service reflects a reduced demand for the traditional ‘walk-in’ services to Revenue’s public offices and I set out the information on this trend in re-sponse to Question Nos. 7012 and 7013 of 2017. I am informed by Revenue that they propose to extend the appointments service to all their public offices in the course of 2017. In certain offices where the requirement for walk-in services remains high, the walk-in service will con-tinue to be available in parallel with the appointments service. Revenue has not yet finalised its plans in relation to the timeframe and date of closure of the walk-in service in offices where that service is currently available.

02/03/2017WRC02600Revenue Commissioners Resources

02/03/2017WRC0270055. Deputy Pearse Doherty asked the Minister for Finance the cost to date in 2017 and estimated cost annually of the Revenue Commissioners’ use of an outsourced call centre to handle queries regarding the local property tax; and if he will make a statement on the matter. [10993/17]

02/03/2017WRC02800Minister for Finance (Deputy Michael Noonan): I am advised by Revenue that the out-sourced Local Property Tax (LPT) Helpline plays a major role in achieving year on year com-pliance rates of circa 97% for the tax. The Helpline also played a key role in the collection by Revenue of over €65m in Household Charge (HHC) arrears in respect of 360,000 properties.

The outsourced model provides Revenue with a flexible, cost effective solution that can be scaled up or down to meet the unpredictable customer service demand of LPT. For example, the Helpline can very quickly increase its capacity from a minimum of 30 operators to a peak of 200 operators as the need arises. It would not be possible for Revenue to provide the required level of support for such a large customer base from its own resources without negatively im-pacting on other core services.

Revenue publishes payment data on a quarterly basis and the cost of the outsourced LPT Helpline for the first quarter of 2017 will be published in April. The costs of the service in the years 2013 to 2016 are set out in the following table.

2013 2014 2015 2016€3.6m €5.2m (includes

HHC peak)€2.8m €2.7m


02/03/2017WRC0300056. Deputy Niall Collins asked the Minister for Finance the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact as-sessment; and if he will make a statement on the matter. [11152/17]

02/03/2017WRC03100Minister for Finance (Deputy Michael Noonan): The Department of Finance undertakes Regulatory Impact Analyses (RIAs) in accordance with the latest guidelines as published by the Department of the Taoiseach. A RIA is carried out where it is deemed necessary to do so in respect of a policy or programme that is being developed. There are cases where a RIA is

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not required. For example, a RIA is not required in the case of emergency legislation. Neither is a RIA required for the Finance Bill which is exempted from the requirement in the Cabinet Handbook.

In the period in question, 2011 to 2016, a total of 38 Bills have been published by me as Minister for Finance. They are as follows:

1. Bretton Woods Agreements (Amendments) Bill 2011

2. Finance Bill 2011

3. National Asset Management Agency (Amendment) Bill 2011

4. Central Bank and Credit Institutions (Resolution) Bill 2011

5. Finance (No. 2) Bill 2011

6. Ministers and Secretaries (Amendment) Bill 2011

7. Central Bank and Credit Institutions (Resolution) (No. 2) Bill 2011


9. Central Bank (Supervision and Enforcement) Bill 2011

10. Insurance (Amendment) Bill 2011

11. European Financial Stability Facility and Euro Area Loan Facility (Amendment) Bill 2011

12. Bretton Woods Agreements (Amendment) (No. 2) Bill 2011


14. Euro Area Loan Facility (Amendment) Bill 2012

15. European Stability Mechanism Bill 2012

16. Fiscal Responsibility Bill 2012

17. Betting (Amendment) Bill 2012

18. Credit Reporting Bill 2012

19. Credit Union and Co-operation with Overseas Regulators Bill 2012

20. Finance (Local Property Tax) Bill 2012

21. Euro Area Loan Facility (Amendment) Bill 2013

22. Irish Bank Resolution Corporation Bill 2013


24. Finance (Local Property Tax) (Amendment) Bill 2013

25. Betting (Amendment) Bill 2013



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27. Central Bank Bill 2014

28. National Asset Management Agency (Amendment) Bill 2014

29. Strategic Banking Corporation of Ireland Bill 2014

30. Irish Collective Asset-management Vehicles Bill 2014


32. Central Bank (Amendment) Bill 2014

33. Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015

34. Finance (Tax Appeals) Bill 2015

35. Finance (Miscellaneous Provisions) Bill 2015


37. Finance (Certain European Union and Intergovernmental Obligations) Bill 2016


In respect of the above Bills, RIAs were completed for the seven following Bills:

1. Central Bank (Supervision and Enforcement) Bill 2011

2. Fiscal Responsibility Bill 2012 in the form of a Screening Regulatory Impact Assess-ment.

3. Credit Reporting Bill 2012 in the form of the Report of the Inter-Agency Working Group on Credit Histories.

4. Credit Union and Co-operation with Overseas Regulators Bill 2012

5. Strategic Banking Corporation of Ireland Bill 2014

6. Irish Collective Asset-Management Vehicles Bill 2014

7. Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015.


02/03/2017WRC0330057. Deputy Niall Collins asked the Minister for Finance if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11167/17]

02/03/2017WRC03400Minister for Finance (Deputy Michael Noonan): The Regulatory Impact Analyses (“RIA”) published by this Department are conducted in accordance with the latest guidelines as published by the Department of the Taoiseach. Impacts are considered as part of the RIA depending on the subject matter of the Bill and include, for example, national competitiveness, SMEs, socially excluded and vulnerable groups, poverty proofing, rural communities, the en-vironment, whether there is a significant policy change in an economic market, including con-sumer and competition impacts, the rights of citizens, the compliance burden, industry costs, employment, quality regulation, North-South, East-West Relations and gender equality.

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02/03/2017WRC03500School Patronage

02/03/2017WRC0360058. Deputy Ruth Coppinger asked the Minister for Education and Skills if he will report on the consultation with Educate Together and with persons regarding the plans to change the patronage of schools in line with the programme for Government commitments. [10807/17]

02/03/2017WRC03700Minister for Education and Skills (Deputy Richard Bruton): As Minister, I am con-sulting with all education stakeholders on an ongoing basis and on a range of issues. My of-ficials, advisors and I have had regular engagement with all groups with an involvement in the issue of patronage, including Educate Together, since I took up office nine months ago. This includes interaction in relation to the plans to change the patronage of schools in line with the programme for government commitments.

02/03/2017WRC03800School Patronage

02/03/2017WRC0390059. Deputy Ruth Coppinger asked the Minister for Education and Skills if religious in-struction and faith formation lessons in newly divested schools will be taking place outside of core school hours; and if he will make a statement on the matter. [10808/17]

02/03/2017WRC04000Minister for Education and Skills (Deputy Richard Bruton): The format and delivery of religious education in divested schools is a matter for the patron to which the school has been divested. Different multi-denominational patrons have different arrangements in this regard.

02/03/2017WRC04100State Examinations Commission

02/03/2017WRC0420060. Deputy Shane Cassells asked the Minister for Education and Skills if he will review the case of a person (details supplied) who has not been provided with a reader or scribe for the 2017 junior certificate examinations; and if he will make a statement on the matter. [10838/17]

02/03/2017WRC04300Minister for Education and Skills (Deputy Richard Bruton): The State Examinations Commission has statutory responsibility for operational matters relating to the certificate ex-aminations. The Commission in this regard operates a scheme of Reasonable Accommodations in the Certificate Examinations.

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

02/03/2017WRC04400Student Grant Scheme Delays

02/03/2017WRC0450061. Deputy Niamh Smyth asked the Minister for Education and Skills the reason for the delay in approving a SUSI grant in the case of a person (details supplied). [10842/17]

02/03/2017WRC04600Minister for Education and Skills (Deputy Richard Bruton): As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas mem-bers. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service complements the established channels provided by SUSI which include online


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application tracking, a dedicated website, a telephone helpdesk, email and social media, includ-ing Facebook and Twitter.

Enquiries may be emailed direct to SUSI at [email protected]. Staff in SUSI are respond-ing to email queries within a matter of days.

If an individual applicant considers that she/he has been unjustly refused a student grant or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI.

Where an individual applicant has had an appeal turned down in writing by SUSI and re-mains of the view that the scheme has not been interpreted correctly in his/her case, an ap-peal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board within the required timeframe.

02/03/2017WRC04700Languages Programme

02/03/2017WRC0480062. Deputy Paul Murphy asked the Minister for Education and Skills his views on a re-cent EUROSTAT report (details supplied) showing that Ireland has the second lowest level of foreign-language learning in schools in the EU27 and a rate significantly below the average; his further views on the decline since 2009; the measures he will take to improve resources for foreign language learning; and if he will make a statement on the matter. [10852/17]

02/03/2017WRC04900Minister for Education and Skills (Deputy Richard Bruton): In Ireland, there are two national languages, Irish and English, given recognition under the Constitution. The recent EU-ROSTAT report compares Ireland to other EU countries on the basis of the number of foreign languages studied by students at the equivalent of Junior Cycle. Ireland reports on the numbers taking languages other than Irish or English. Several other countries who also have more than one official language report some of their official languages as foreign. The report therefore classifies Irish students as taking one foreign language when in fact the majority of our students are studying three languages (Irish, English and a foreign language). In contrast, in most other countries a student studying three languages will be reported as studying two foreign languages.

As regards the decline since 2009 it should be noted that only four languages are included by Ireland in the survey - French, German, Italian and Spanish, as these are the only foreign lan-guages examined at Junior Cycle level. These figures do not capture those students studying up to sixteen non-curricular languages for Leaving Certificate, or other non-EU heritage languages such as Russian, Arabic and Japanese.

I am committed to further developing and diversifying our provision for languages in post-primary education.

In 2015 the Framework for Junior Cycle was published. New subject specifications are being introduced on a phased basis. A new specification for Modern Languages will be intro-duced from September 2017. This will involve French, German, Spanish and Italian. In addi-tion, Junior Cycle students may study short courses in other languages such as Polish, Chinese Language and Culture and Sign Language

In Senior Cycle there are a number of languages available, in addition to French, German, Spanish and Italian Russian, Japanese and Arabic are available in the Leaving Certificate ex-amination. For students whose mother tongue is an EU language other than those listed above, they can present for examination in a non-curricular EU language. In 2016 candidates pre-sented in some sixteen EU Languages.

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Under the Action Plan for Education 2016-2019 my Department is developing a new For-eign Languages in Education Strategy. The strategy will be published shortly and will set out clear actions to further improve the quality and delivery of our provision for foreign languages. It would be hoped with the emphasis that will be placed on foreign languages that more students will study these languages and that the diversity of languages studied will be greater.

02/03/2017WRC05000Delivering Equality of Opportunity in Schools Scheme

02/03/2017WRC0510063. Deputy Mary Butler asked the Minister for Education and Skills the reason a school (details supplied) was not successful in its application for urban DEIS band 1 from urban DEIS band 2; the criteria and methodology that was used to determine this decision; the process for this school to appeal this decision; and if he will make a statement on the matter. [10861/17]

02/03/2017WRC05200Minister for Education and Skills (Deputy Richard Bruton): DEIS is my Department’s main policy initiative to tackle educational disadvantage. The DEIS Plan for 2017 sets out our vision for future intervention in the critical area of social inclusion in education policy.

A key element of DEIS Plan 2017 is the availability of a new identification process for the assessment of schools for inclusion in DEIS using centrally held CSO and DES data.

The key data sources are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Pobal HP Index for Small Areas which is a method of measuring the relative affluence or dis-advantage of a particular geographical area. Variables used in the compilation of the HP Index include those related to demographic growth, dependency ratios, education levels, single parent rate, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the rela-tive level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly across all schools in the country. Through the use of centrally held data, schools were not required to submit an application for inclusion in the programme.

Further information on the development of the identification process is available in the DEIS Review report which can be found on my Department’s website at www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/.

In its initial application, the new identification model has identified that there are schools in disadvantaged areas, not previously included in DEIS, whose level of disadvantage is signifi-cantly higher than many schools already in the programme. Accordingly, we are moving as a first step to include these schools within the DEIS School Support Programme.

Schools included in the list published by my Department on 13th February are those whose level of concentrated disadvantage has been identified as being at the same level as the current DEIS category for schools serving the highest concentrations of disadvantage. This includes 15 new Urban Band 1 schools, 30 Urban Band 2 schools raised to Urban Band 1 status, 51 new Rural DEIS schools and 13 new Post Primary DEIS schools.

Schools which have not been included or upgraded at this stage are those which have not been identified as having the highest levels of concentrated disadvantage amongst their pupil cohort, under the new model which is fair and objective.

The new DEIS Plan provides for a verification process and any school wishing to seek verification of the information used to assess the level of disadvantage of its pupil cohort may submit an application for same to [email protected].


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It is important to note that the school details published on 13th February represent a first step in the application of the assessment process to support pupils in schools with the highest con-centrations of disadvantage. I am fully aware that there are further schools whose concentrated level of disadvantage may not be at the highest level, but may nevertheless be at a level which warrants additional supports for pupils under DEIS.

However, as noted in the DEIS Plan, the implementation of a new objective central data-based model of identifying levels of disadvantage within school populations will be followed by a further programme of work to create a more dynamic model where levels of resource more accurately follow the levels of need identified by that model.

Once this work has been completed, consideration will be given to extending DEIS supports to a further group of schools as resources permit.

In delivering on the DEIS Plan 2017 we must be conscious that there are ongoing changes in demographics which may be more marked in some areas than others. Populations in some ar-eas have changed considerably since schools were originally evaluated for inclusion in DEIS in 2006. The new model may reveal that some schools currently included in DEIS have a level of disadvantage within their school population much lower than that in some schools not included within DEIS. If this turns out to be the case, then we must consider whether it is fair that those schools continue receiving these additional resources, using resources that may be more fairly allocated to the schools with greater levels of disadvantage.

It is important to note that the fact that a school has not been included in the DEIS pro-gramme on this occasion does not preclude its inclusion at a later date, should its level of dis-advantage warrant the allocation of additional resources.

02/03/2017WRC05300Special Educational Needs Staff

02/03/2017WRC0540064. Deputy David Cullinane asked the Minister for Education and Skills the total number of special needs assistants in each school in Waterford city and county for each of the years 2014 to 2016; and if he will make a statement on the matter. [10912/17]

02/03/2017WRC05500Minister for Education and Skills (Deputy Richard Bruton): I wish to advise the Deputy that Special Needs Assistants (Ss) are allocated to mainstream Primary, Post Primary schools and to Special Schools to assist children with special educational needs who also have addi-tional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports, including SNA support. The NCSE allocates SNA support to schools in accordance with the criteria set out in my Department’s Circular 0030/2014, which is available on my Department’s website at www.education.ie.

As part the Budget announcements, I announced that an additional 115 SNA posts at an annual cost of €3.75m will be provided for allocation from January to June 2017, bringing the total number of SNAs available for allocation to schools to 13,015. This represents an increase of 23% over the numbers allocated in 2011. This is a higher level of SNA support than ever before, which ensures that children with special educational needs can continue to participate in education and be supported in a manner appropriate to their needs.

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The NCSE has published details of the SNA allocations for all schools which are available to view on a per county basis, including for Waterford City and County. Details of the SNA al-locations for Waterford from 2014 to 2016 can be accessed on the NCSE website at www.ncse.ie or by using the following link http://ncse.ie/statistics.

02/03/2017WRC05600Technological Universities

02/03/2017WRC0570065. Deputy David Cullinane asked the Minister for Education and Skills when he plans to progress legislation on technological universities; and if he will make a statement on the matter. [10913/17]

02/03/2017WRC0580068. Deputy David Cullinane asked the Minister for Education and Skills the proposed funding model for technological universities; the way it will differ from funding for traditional universities; and if he will make a statement on the matter. [10916/17]

02/03/2017WRC0590069. Deputy David Cullinane asked the Minister for Education and Skills if technological universities will receive baseline funding for research and development; and if he will make a statement on the matter. [10917/17]

02/03/2017WRC0600071. Deputy David Cullinane asked the Minister for Education and Skills his plans to change the sequencing in the process of applying to become a technological university by allowing the international panel of experts to play a role much earlier; and if he will make a statement on the matter. [10919/17]

02/03/2017WRC0610072. Deputy David Cullinane asked the Minister for Education and Skills the stakeholder engagement meetings and outreach work he and his Department have engaged in on progress-ing technological universities since the general election; the groups and persons he and his Department have engaged with; and if he will make a statement on the matter. [10920/17]

02/03/2017WRC0620076. Deputy David Cullinane asked the Minister for Education and Skills the way in which he will deliver on a programme for Government commitment to examine the eligibility criteria for institutes of technology applying to become technological universities, specifically changes to the merger requirement; his plans to implement the commitment; and if he will make a state-ment on the matter. [10926/17]

02/03/2017WRC06300Minister for Education and Skills (Deputy Richard Bruton): I propose to take Questions Nos. 65, 68, 69, 71, 72 and 76 together.

As the Deputy will be aware, the Programme for Government outlines that this Government will continue to support the creation of Technological Universities.

This is in line with the National Strategy for Higher Education to 2030 which provides a framework for the development of the higher education sector to 2030. With regard to the insti-tute of technology sector, the Strategy recommended significant reforms to position the sector to meet national strategic objectives. In particular, the Strategy recommended consolidation within the sector and a pathway of evolution for those consolidated institutes of technology, to allow them to demonstrate significant progress against robust performance criteria and to apply to become technological universities.

Consortiums who have applied to become Technological Universities:

As part of the implementation of the Strategy, the Higher Education Authority (HEA) in 2012 published a four-stage process and criteria for applicant groups of institutes of technol-


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ogy wishing to apply to become technological universities. There are currently four consortia engaged with the process to become designated as TUs.

These are TU4Dublin (Dublin Institute of Technology, Institute of Technology Tallaght, Institute of Technology Blanchardstown), Technological University for the South-East (TUSE – consisting of Waterford Institute of Technology and Institute of Technology Carlow), Mun-ster Technological University (MTU – consisting of Cork Institute of Technology and Institute of Technology Tralee) and the Connacht Ulster Alliance (CUA – consisting of Galway-Mayo Institute of Technology, Institute of Technology Sligo and Letterkenny Institute of Technology).

Funding:

The process for designation as a Technological University consists of four stages. The “phase-gate” model for the process allows for assessment of the projects at set points. In rela-tion to costs, these are considered during each stage of the process and in particular there is an onus on each consortium to develop financial models and estimated costings.

In terms of the financial costs, the two consortia that have finalised stage 3 (TU4Dublin and MTU) and developed implementation plans acknowledge the costs involved in merger and the designation process, but also commit to meeting those costs within their own budgets. They also acknowledge that while there are up-front costs in the shorter term, in the longer term, designation as a Technological University will allow them to recoup these costs and provide for new income streams.

However, it is recognised that these changes to the landscape of Irish higher education carry some up-front additional costs and the HEA has provided for a fund to support HEIs with these costs. In terms of additional financial support, having regard to the benefits that will arise for the institutions, students and the higher education system more generally, the HEA has provided funding in 2013, 2014, 2015 and 2016 to provide support to institutions involved in the TU process.

In terms of 2016, the four consortiums made joint presentations and submission to the High-er Education Authority in May 2016, seeking funding to underpin the next phase of engagement in respect of their ongoing merger processes. Arising from these presentations and submis-sions, the HEA provided a ring-fenced sum of €4.702 Million in 2016 to the four consortiums that are involved in merger processes with the ultimate aim of becoming Technological Univer-sities. This funding is in addition to their own resources to the projects being provided by the respective consortiums.

Future Funding:

As already outlined, the Institutions involved in the processes will be required to meet a significant amount of the costs involved in the creation of Technological Universities from within their own resources. However, given the significant benefits that will arise from the de-velopment of Technological Universities, the Department of Education and Skills and the HEA will continue to provide financial support to the consortiums to assist in their progress towards Technological University status.

The Deputy has asked specific questions around the future funding for Technological Uni-versities which will have to be addresses in the context of the wider issue around future funding of Higher Education. The Expert Group on Future Funding for Higher Education, under the chairmanship of Peter Cassells, was established to develop a strategy for funding the third level sector. The Report which was published in July 2016, clearly outlines the funding challenges in the higher education sector and offers a number of approaches and recommendations for

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consideration for the medium term.

As committed to in the Programme for Government, the report has been referred to the Edu-cation Committee as part of the process for formulating a plan for the future of the sector. The Department is looking forward to working with the Education Committee as it analyses all of the options put forward by the Expert Group and hears the voice of all stakeholders.

While the Cassells Report deals with the medium and long term funding needs of higher education we also have to consider the immediate challenges and in that context the Department placed a particular focus on this area in Budget 2017 securing additional funding for the sector for the first time in recent years.

This year an additional €36.5 million will be made available with €160 million additional over the next three years. This will allow the sector keep pace with demographic increases and introduce targeted initiatives in areas such as disadvantage, skills, research and flexible learn-ing. Among those who will benefit from the additional third level funding being made available are students from disadvantaged backgrounds, lone parents and travellers.

In Budget 2017 the Minister for Public Expenditure and I announced a policy review with the aim of designing and implementing a sustainable and predictable multi-annual funding model for higher and further education and training involving increased Employer and Exche-quer contributions from 2018. This review will be undertaken as part of the overall response to meeting the anticipated skills needs in the economy over the coming years, in line with the policy framework set out in the National Skills Strategy.

This review will include an analysis of the business case for enhanced investment in the higher and further education and training sectors. In this context it will identify key elements of the new funding model and of the expected impacts including those on employers. The review will include consultation with stakeholders.

The policy review will complement the ongoing work by the Oireachtas Committee in rela-tion to the Cassells report. A review of the funding model for higher education (RGAM) is also being carried out and the new model is due to be in place for the 2018 budget allocation. Com-pletion of the review will underpin delivery across the sector and enhance progression on the goals set out in the Action Plan for Education.

Position of Technological Universities Bill:

In relation to the legislation, the third Government Legislative Programme of this Partner-ship Government was published on 17 January 2017, and the Technological Universities Bill is listed on the Dáil Order Paper and is awaiting Committee Stage.

I recognise that there were a significant number of matters raised previously in respect of the Bill at both Committee and Report Stage. A consultation process is ongoing with all of the relevant stakeholders in relation to both the matters raised during the legislative process and the commitments contained in the Programme for Government.

Following the finalisation of this consultation process I will then advance the legislation having determined a position in relation to any matters raised as part of this consultation pro-cess.

02/03/2017WRC06400Institutes of Technology Expenditure


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02/03/2017WRC0650066. Deputy David Cullinane asked the Minister for Education and Skills if Waterford In-stitute of Technology was running a surplus or deficit in each of the years 2008 to 2016; if so, the amount of the surplus or deficit for each year; and if he will make a statement on the matter. [10914/17]

02/03/2017WRC06600Minister for Education and Skills (Deputy Richard Bruton): Details of the surplus/deficit position of Waterford Institute of Technology (WIT) are set out in the following table.

Deficits Incurred by Waterford Institute of Technology:

- €’0002008/09Operating surplus/deficit -€2,5242009/10Operating surplus/deficit -€5122010/11Operating surplus/deficit -€2722011/12Operating surplus/deficit -€5632012/13Operating surplus/deficit -€3062013/14Operating surplus/deficit -€826Note 1: It should be noted that the above figures refer to operating deficits/surpluses in a

given year and that for the years 2008/09 and 2009/10 WIT had accumulated reserves to help meet the deficit.

Note 2: Financial Statements in respect of 2014/15 and 2015/16 have not yet been finalised.

My Department and the Higher Education Authority (HEA) are aware of the financial dif-ficulties being experienced by a number of the Institutes of Technology (IoTs) including WIT. The HEA has been closely monitoring the financial position of all of the IoTs and in particular are working closely with those Institutes operating in deficit to ensure appropriate mechanisms are put in place to eliminate the deficit as quickly as possible.

The Financial Review of the Institutes, published last year by the HEA, was carried out in order to provide an overview of the financial health of the sector, to consider capacity issues and to examine the challenges for the institutions given their respective plans for the future. The report makes a number of recommendations on how some of the issues which contribute to funding problems in the IoT sector can be addressed and my Department is working with the HEA in relation to those recommendations. These policy recommendations will also feed into the work being undertaken on developing a sustainable funding model for the sector.

In addition, the HEA has a policy framework in place for engaging with vulnerable IoTs which requires Institutes to submit a three year plan to return them to a balanced budget situation. If the Institute is unable to demonstrate how a return to a balanced budget can be achieved within this timeframe, or if actual performance deviates significantly from the plan, then the HEA will seek the appointment of an independent financial expert to work with the Governing Body and Executive Management Team to agree a revised plan and programme of remedial action.

With regard to WIT, the HEA has agreed measures with the Institute to achieve financial stability through targeted strategic changes within the Institute and the HEA continues to moni-

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tor progress by WIT in relation to the agreed actions.

Funding overall for the higher education sector is a key concern for me, particularly in light of the additional pressure that will fall on the system over the next decade or so – an issue which is clearly set out in the Report of the Expert Group on the Future Funding for Higher Educa-tion, which is currently with the Joint Oireachtas Committee for consideration. However, in seeking to address the issue in the short term, I have for the first time in nine years secured addi-tional funding for the sector with €36.5m additional being made available this year and €160m additional overall over the next three years.

In addition, in Budget 2017 the Minister for Public Expenditure and Reform and I, an-nounced a policy review with the aim of designing and implementing a sustainable and pre-dictable multi-annual funding model for higher and further education and training involving increased Employer and Exchequer contributions from 2018. The review will be undertaken as part of the overall response to meeting the anticipated skills needs in the economy over the coming years, in line with the policy framework set out in the National Skills Strategy.

It will include an analysis of the business case for enhanced investment in the higher and further education and training sectors. In this context it will identify key elements of the new funding model and of the expected impacts including those on employers. The review will in-clude consultation with stakeholders. It is expected that the policy review will be published by the end of April 2017, and will complement the ongoing work by the Oireachtas Committee in relation to the Cassells report.

02/03/2017WRC06700Technological Universities

02/03/2017WRC0680067. Deputy David Cullinane asked the Minister for Education and Skills if newly formed technological universities will have the ability to borrow; and if he will make a statement on the matter. [10915/17]

02/03/2017WRC06900Minister for Education and Skills (Deputy Richard Bruton): Provision has already been made in the Technological Universities Bill, 2015 which will allow that a technological uni-versity, or any company in which the technological university has a proprietary interest, may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by any person.

However, this will be subject to the development by the Higher Education Authority of a Borrowing Framework for Technological Universities which will require the approval of the Minister for Education and Skills, the Minister for Public Expenditure and Reform and the Minister for Finance.

Questions Nos. 68 and 69 answered with Question No. 65.

02/03/2017WRD00250Technological Universities

02/03/2017WRD0030070. Deputy David Cullinane asked the Minister for Education and Skills if he has received this Deputy’s discussion document on a technological university of the south east; and if he will make a statement on the matter. [10918/17]

02/03/2017WRD00400Minister for Education and Skills (Deputy Richard Bruton): I can confirm that I have


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received a copy of the Deputy’s discussion document on a Technological University for the South-East.

As the Deputy will be aware, the new Programme for Government outlines that this new Government will continue to support the creation of Technological Universities. The Techno-logical University for the South-East (TUSE – consisting of Waterford Institute of Technology and Institute of Technology Carlow) is one of four consortia currently engaged with the process to become designated as Technological Universities.

Accordingly, I have asked my officials to follow up directly with the Deputy in relation to his discussion document.


02/03/2017WRD00550Third Level Staff Data

02/03/2017WRD0060073. Deputy David Cullinane asked the Minister for Education and Skills the difference between a teaching contract operational at institutes of technology and university contracts; and if he will make a statement on the matter. [10923/17]

02/03/2017WRD00700Minister for Education and Skills (Deputy Richard Bruton): There is an agreed contract between the Institutes of Technology and the Teachers Union of Ireland which governs the terms and conditions applying to the different grades of lecturing staff in all of the IOTs.

In line with the Universities Act, 1997, universities have autonomy in relation to human resource policies including lecturing contracts, subject to compliance with Government policy in respect of employment numbers and pay policy, national industrial relations agreements and employment law. I understand that as part of commitments given under the Public Service (Croke Park) Agreement 2010 – 2014, the universities have introduced new contracts for aca-demic staff following agreement with the trade unions.

02/03/2017WRD00750Institutes of Technology

02/03/2017WRD0080074. Deputy David Cullinane asked the Minister for Education and Skills if capital funding will be made available to progress the building of an engineering block at WIT; and if he will make a statement on the matter. [10924/17]

02/03/2017WRD0090075. Deputy David Cullinane asked the Minister for Education and Skills if his Department has received proposals from WIT to extend laboratory spaces and capacity at the institution; if consideration will be given to capital funding for such proposals; and if he will make a state-ment on the matter. [10925/17]

02/03/2017WRD01000Minister for Education and Skills (Deputy Richard Bruton): I propose to take Questions Nos. 74 and 75 together.

The Department of Education and Skills is aware of the infrastructure challenges faced by Waterford Institute of Technology. The proposals referred to by the Deputy are among the many competing demands on the Department’s capital budget for higher education.

The Higher Education Authority, following consultations with my Department, has recently issued a circular letter to all institutions under its remit. This circular has been issued for the purpose of updating and consolidating the information available in relation to priority capital

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projects in higher education institutions. This Circular will, inter alia, assist in identifying the full extent of capital requirements in the higher education sector. It will also assist in iden-tifying the projects that could be prioritised for capital funding should it become available.

In that context, a submission has been received from Waterford Institute of Technology and an assessment of same is underway.


02/03/2017WRD01150Apprenticeship Programmes

02/03/2017WRD0120077. Deputy John McGuinness asked the Minister for Education and Skills the number of colleges providing courses for apprentice mechanics; if all colleges charge the apprentices for courses provided or if there are different rates applied depending on the college; if his Depart-ment pays the colleges for any aspect of such courses; the way in which the delivery of such courses is monitored relative to standards expected by his Department; if the colleges or his Department have agreed a fee whereby students request a review of examination results; if so, the amount charged; and if he will make a statement on the matter. [10959/17]

02/03/2017WRD01300Minister of State at the Department of Education and Skills (Deputy John Halligan): Apprenticeship is a blended alternance training programme, with the off the job training ele-ment of apprentice mechanics courses delivered by Education and Training Board (ETB) train-ing centres and Institutes of Technology (IoTs).

Students are not charged a fee for participating in phase 2 of apprentice mechanic courses, which are delivered in ETB training centres. Phase 4 and phase 6 of these mechanic courses are delivered by IoTs. The Annual Student Contribution (ASC) is levied on all students attending IoTs and the amount due by apprentices is calculated on a pro rata basis of the time which they spend in IoTs during the academic year. This is typically one third of the ASC paid by students attending for the full academic year and amounts to €1,000. SOLAS fund ETBs for phase 2 training and the Higher Education Authority (HEA) fund provision in the IoTs.

IoTs and ETBs are independently validated by Quality and Qualifications Ireland (QQI) as appropriate providers of education and training programmes and as such are required to comply with QQI quality assurance requirements. However, as the co-ordinator of craft apprentice-ships, SOLAS, in accordance with QQI quality assurance requirements, conducts independent external verification of craft apprenticeship assessment activities conducted by collaborating providers, on a sample basis. In addition, SOLAS Authorised Officers attend IoTs Results Ap-proval Board meetings to ensure compliance with the SOLAS marking requirements. With the implementation of the recently QQI validated new version 4 curricula for craft apprenticeships SOLAS has developed a revised Memorandum of Understanding for collaborating providers, in accordance with QQI requirements, which will extend the scope of the existing monitoring arrangements.

I understand that no fee is charged to review examination results, however, in the event of a formal appeal, normally following such a review, a fee is set by each institution which is re-funded should the appeal be upheld.

02/03/2017WRD01350Pátrúnacht Scoileanna

02/03/2017WRD0140078. D’fhiafraigh Deputy Carol Nolan den an Aire Oideachais agus Scileanna cén sásra a


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bheidh ann chun measúnú agus freastal a dhéanamh ar an éileamh ar oideachas lán-Ghaeilge faoin bplean nua chun dífheistiú pátrúnachta a chur chun cinn, ós rud é go bhfuil sé luaite mar cheann de na príomhfheidhmeanna a bheadh ag an bpróiseas dífheistithe. [10960/17]

02/03/2017WRD0150079. D’fhiafraigh Deputy Carol Nolan den an Aire Oideachais agus Scileanna an n-aon-taíonn sé le Gaeloideachas go bhfuil baol ann, tríd an gcur chuige nua atá beartaithe, gur pobals-coileanna náisiúnta trí mheán an Bhéarla a bheidh mar thoradh ar an bpróiseas, toisc na Boird Oideachais agus Oiliúna a bheith i mbun an chomhairliúcháin agus iad cheana féin aitheanta mar a rogha pátrúin ag an gComhpháirtíocht Scoileanna Caitliceacha. [10961/17]

02/03/2017WRD0160080. D’fhiafraigh Deputy Carol Nolan den an Aire Oideachais agus Scileanna an n-aon-taíonn sé go bhfuil sé de riachtanas go mbeadh áisíneacht nó údarás neamhspleách agus neo-drach ag tabhairt faoin gcomhairliúchán le tuismitheoirí maidir le dífheistiú, agus mar sin de nach bhfuil sé feiliúnach go dtabharfadh an Boird Oideachais agus Oiliúna faoi ós rud é go bhfuil siad san iomaíocht chun pátrúnacht bunscoileanna nua a bhaint amach. [10962/17]

02/03/2017WRD01700Minister for Education and Skills (Deputy Richard Bruton): Tógfaidh mé Ceisteanna Uimh. 78, 79 agus 80 le chéile.

Creidim go bhfuil na Boird Oideachais agus Oiliúna (BOO), mar údarás oideachais áitiúil an Stáit, foirfe chun tabhairt faoin gcomhchomhairle leis na tuismitheoirí réamhscoile sa phróiseas seo. Ceann de na gearáin a bhí ann maidir leis an bpróiseas roimhe seo ná nár cuireadh pobail áitiúla agus geallsealbhóirí áitiúla san áireamh a dhóthain. Tá na BOO, mar údaráis oideachais reachtúla, i láthair i ngach contae, le hionadaíocht ó ghrúpaí áitiúla agus óna mbord, an-fhei-liúnach go deo chun an próiseas seo a chur i gcrích.

Tá na pleananna nua deartha chun scoileanna breise il-sainchreidmheacha a sholáthar i gceachtar de dhá theanga oifigiúla an náisiúin. Tá líon suntasach gaelscoileanna faoi phátrúnacht pátrún sainchreidmheacha i láthair na huaire. Faoi réir cinntí maidir leis na scoileanna atá le haistriú, is dócha go mbeidh gaelscoileanna i measc na scoileanna sin a bheidh á mbreithniú lena n-aistriú chuig pátrúin il-sainchreidmheacha, lena n-áirítear pátrúin le Gaeilge.

Sa chéim a bhaineann le cur i bhfeidhm an phróisis, leagfar níos mó béime ar na pátrúin atá ann cheana a rachaidh i mbun comhchomhairle leithne le scoileanna agus le pobail sna limistéir atá i gceist agus leis na pátrúin ionchasacha sula ndéanfar cinneadh maidir le ceann scríbe an aistrithe pátrúnachta. Déanfar gach pátrún, lena n-áirítear pátrúin le Gaeilge, a bhreithniú sa phróiseas. Toisc gur scoileanna “beo” nó scoileanna atá ann cheana iad na scoileanna a bheidh le haistriú, beidh tuairimí phobal na scoile maidir leis an bpátrúnacht nua, mar aon le tuairimí na gcomhlachtaí pátrún ionchasach, mar chuid nach beag ina thaobh seo.

02/03/2017WRD01750State Examinations Reviews

02/03/2017WRD0180081. Deputy Carol Nolan asked the Minister for Education and Skills if the State Examina-tions Commission has written to schools to advise them of the process for the classroom based assessment for the junior certificate after the ASTI ballot; and if he will make a statement on the matter. [10963/17]

02/03/2017WRD01900Minister for Education and Skills (Deputy Richard Bruton): The State Examinations Commission (SEC) has responsibility for the administration of the Final Examinations that form part of the assessment procedures for Junior Cycle. The SEC has provided reassurance in relation to concerns that some students may not have opportunities to complete all elements of the SEC’s Junior Cycle Final Examination, in English, in 2017. The Examination in English comprises an Assessment Task, undertaken in schools, which is worth 10% of the available

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marks and a Final Examination, in June 2017, representing 90% of the marks. Both elements are marked externally by the SEC.

Schools were advised of a second window for the completion of the second Classroom Based Assessment (CBA) and the Assessment Task (AT) in English. The new window will be in the week beginning 24 April 2017.

The SEC will shortly provide further guidance to schools regarding the completion of the Assessment Task. The SEC has assured parents and students that this guidance to schools will make clear that all their students will have an opportunity to undertake the AT, and in this way to complete all elements that are marked by SEC within the Junior Cycle Final Examination.

The class teacher role, in facilitating students to the complete the Assessment Task, is to engage with their students in relation to stimulus material and questions (provided by the Na-tional Council for Curriculum and Assessment), and then to supervise the class in completing the SEC-provided booklet. Class teachers have no role in marking the Assessment Task.

I welcome the reassurance provided by the State Examinations Commission on this issue and I am satisfied that all students will have the opportunity to complete the Assessment Task and Final Examination.

02/03/2017WRD01950Special Educational Needs Service Provision

02/03/2017WRD0200082. Deputy Carol Nolan asked the Minister for Education and Skills if schools will be expected to make provision for newly enrolled or newly diagnosed children with special edu-cational needs under the current allocation under the new resource allocation model; and if he will make a statement on the matter. [10964/17]

02/03/2017WRD0210083. Deputy Carol Nolan asked the Minister for Education and Skills the procedure where-by a child with special educational needs transfers to another school; if the resource hours al-located to that child transfer with the child to the new school or if the new school is required to make an additional application; the way in which this type of scenario operates under the new resource allocation model; and if he will make a statement on the matter. [10965/17]

02/03/2017WRD02200Minister for Education and Skills (Deputy Richard Bruton): I propose to take Questions Nos. 82 and 83 together.

On 18th January last, I announced that a new model for allocating Special Education Teach-ing Resources to mainstream primary and post primary schools will be introduced from Sep-tember 2017.

The aim of this new model is to deliver better outcomes for children with special education-al needs. Large amounts of research, analysis, consultation with service users and stakeholders, and piloting have gone in to the development of this model and all the evidence points to the fact that this new system will deliver better outcomes for children.

No school will lose supports as a result of the implementation of the new model. In addi-tion, no school will receive an allocation, for the support of pupils with complex needs, less than the allocation they received to support such pupils during the 2016/17 school year. No al-location made for such pupils by the NCSE will be removed from schools as long as that pupil remains in the school.

I also announced that an additional 900 teaching posts will be provided to support the in-


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troduction of this new allocation model. The provision of an additional 900 teaching posts is a very significant investment in the provision of additional teaching support for pupils with special educational needs in our schools. This is additional to an increase of 41% in the number of resource teachers allocated to schools annually by the NCSE since 2011, when 5265 teachers were allocated, as opposed to provision for 7542 posts in the current school year.

The additional funding will provide additional supports to over 1000 schools who are iden-tified as needing additional supports as a result of the new model. Supports for children with special educational needs is a huge priority for this Government. We currently spend over €1.6 billion, or one fifth of the total education budget, on supports for children with special educa-tional needs.

This investment will ensure that all schools receive a sufficient allocation of special educa-tion needs resources to provide additional teaching support to all pupils who require such sup-port.

Under the new allocation model, schools will be provided with a total allocation which in-cludes a baseline allocation for the school and an allocation based on the school profile.

The provision of a profiled allocation will give a fairer allocation for each school which recognises that all schools need an allocation for special needs support, but which provides a graduated allocation which takes into account the actual level of need and pupils in each school.

Schools will be frontloaded with resources, based on each school’s profile, to provide sup-ports immediately to those pupils who need it without delay. This will reduce the administrative burden on schools as they will no longer have to complete an application process annually and apply for newly enrolled pupils, or pupils transferring in to the school, who require resource hours. Children who need support can have that support provided immediately rather than hav-ing to wait for a diagnosis.

Schools will therefore no longer have to make applications for newly enrolled pupils, for whom resource teaching hours may have been provided under the old model, as school will now receive a single allocation for all of their special education teaching needs, based on their school size and profile.

Accordingly, the NCSE advised schools that there was no longer a requirement for schools to make applications for special education teaching supports for individual pupils with special education teaching needs, as resources would be provided for schools by the profiled allocation.

For the introduction of the new allocation model, from September 2017, the NCSE ‘Low Incidence’ allocations which had been made for each school during the preceding year 2016/17 school year, have been used to establish the complex needs component of the new allocation model for each school.

A model for the identification of pupils with complex needs in future is being devised by the NCSE, in consultation with the Health Service Executive and National Educational Psychologi-cal Services (NEPS). This model will take account of the qualification criteria for the selection of children for access to HSE Children Disability Network Teams.

For the next re profiling of the model, the pupils with newly identified Complex Needs will be included in this revised allocation.

It should be noted that this is a brand new model of allocation and is not comparable to the existing model. By using a broad range of attainment and socio-economic criteria it is expected that allocations made to school will be sufficient to meet both current and future needs as they

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arise until the next review.

Currently most schools’ educational profiles remain relatively constant from year to year. Each year, some students with additional teaching needs will leave and others will enrol, broad-ly balancing the school profile.

The model will provide, from this year, additional resources to schools where it is expected that there will be additional needs. In protecting resources in schools where the profiles indi-cate that the levels of need are lower than are currently provided for some additional capacity is also provided for in those schools. Accordingly, all schools should have the capacity to meet the needs of additional children enrolling in the school in the following school year without the need for additional or new resources.

The model will, however, allow for some additional provision for very exceptional circum-stances or where a school’s enrolment levels increase very substantially prior to the next review of the model. The Inclusion Support Service, being established under the National Council for Special Education will support schools in managing their special education teaching allocations in the first instance. Only in very exceptional circumstances, where it can be demonstrated that the schools profile has changed very significantly since the allocation was made to the school, may an additional allocation of hours be made to the school.

A new Circular will be issued to schools shortly which will provide details of how the scheme will operate while details of the allocations for each school will also be provided to schools.

02/03/2017WRD02250Delivering Equality of Opportunity in Schools Scheme

02/03/2017WRD0230084. Deputy Carol Nolan asked the Minister for Education and Skills if his Department will review the decision not to designate a school (details supplied) as a DEIS school; and if he will make a statement on the matter. [10966/17]

02/03/2017WRD02400Minister for Education and Skills (Deputy Richard Bruton): DEIS is my Department’s main policy initiative to tackle educational disadvantage. The DEIS Plan for 2017 sets out our vision for future intervention in the critical area of social inclusion in education policy.

A key element of DEIS Plan 2017 is the availability of a new identification process for the assessment of schools for inclusion in DEIS using centrally held CSO and DES data.

The key data sources are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Pobal HP Index for Small Areas which is a method of measuring the relative affluence or dis-advantage of a particular geographical area. Variables used in the compilation of the HP Index include those related to demographic growth, dependency ratios, education levels, single parent rate, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the rela-tive level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly across all schools in the country.

Further information on the development of the identification process is available in the DEIS Review report which can be found on my Department’s website at www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/.

In its initial application, the new identification model has identified that there are schools in


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disadvantaged areas, not previously included in DEIS, whose level of disadvantage is signifi-cantly higher than many schools already in the programme. Accordingly, we are moving as a first step to include these schools within the DEIS School Support Programme.

Schools included in the list published by my Department on 13th February are those whose level of concentrated disadvantage has been identified as being at the same level as the current DEIS category for schools serving the highest concentrations of disadvantage. This includes 15 new Urban Band 1 schools, 30 Urban Band 2 schools raised to Urban Band 1 status, 51 new Rural DEIS schools and 13 new Post Primary DEIS schools.

Schools which have not been included at this stage are those which have not been identified as having the highest levels of concentrated disadvantage amongst their pupil cohort, under the new model, which is fair and objective.

The new DEIS Plan provides for a verification process and any school wishing to seek verification of the information used to assess the level of disadvantage of its pupil cohort may submit an application for same to [email protected].

It is important to note that the school details published on 13th February represent a first step in the application of the assessment process to support pupils in schools with the highest con-centrations of disadvantage. I am fully aware that there are further schools whose concentrated level of disadvantage may not be at the highest level, but may nevertheless be at a level which warrants additional supports for pupils under DEIS.

However, as noted in the DEIS Plan, the implementation of a new objective central data-based model of identifying levels of disadvantage within school populations will be followed by a further programme of work to create a more dynamic model where levels of resource more accurately follow the levels of need identified by that model.

Once this work has been completed, consideration will be given to extending DEIS supports to a further group of schools as resources permit.

In delivering on the DEIS Plan 2017 we must be conscious that there are ongoing changes in demographics which may be more marked in some areas than others. Populations in some areas have changed considerably since schools were originally evaluated for inclusion in DEIS in 2006. The new model may reveal that some schools currently included in DEIS have a level of disadvantage within their school population much lower than that in some schools not included within DEIS. If this turns out to be the case, then we must consider whether it is fair that those schools continue receiving these additional resources, using resources that may be more fairly allocated to the schools with greater levels of disadvantage.

It is important to note that the fact that a school has not been included in the DEIS pro-gramme on this occasion does not preclude its inclusion at a later date, should its level of dis-advantage warrant the allocation of additional resources.

02/03/2017WRD02450Pupil-Teacher Ratio

02/03/2017WRD0250085. Deputy Carol Nolan asked the Minister for Education and Skills if he will provide a breakdown of the staff included in the calculation of the pupil-teacher ratio including resource teachers, learning support teachers and any other staff including classroom teaching staff; and if he will make a statement on the matter. [10967/17]

02/03/2017WRD02600Minister for Education and Skills (Deputy Richard Bruton): The pupil-teacher ratio

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(PTR) is calculated at each level by dividing the total number of pupils by the total number of allocated posts (classroom teachers and support teachers). This calculation differs from other such calculations (for example the staffing schedule at primary level which is the basis for al-locating classroom teachers to each school based on their enrolments).

The Statistics Section of my Department’s website contains extensive data relating to schools, including information on pupil teacher ratio at both primary and secondary level.

02/03/2017WRD02650Pupil-Teacher Ratio

02/03/2017WRD0270086. Deputy Carol Nolan asked the Minister for Education and Skills the estimated pupil-teacher ratio for DEIS schools, primary schools and post-primary schools if only mainstream classroom teachers were used in the calculation; and if he will make a statement on the matter. [10968/17]

02/03/2017WRD02800Minister for Education and Skills (Deputy Richard Bruton): The information sought by the Deputy is not being compiled by my Department and there are no immediate plans to compile information in the format requested.

However there is a range of key statistics available on my website at www.education.ie/en/Publications/Statistics/Data-on-Individual-Schools/ which provides detailed information on class size on individual schools at primary level. Class size information is not collected for post primary schools.

02/03/2017WRD02850Third Level Fees

02/03/2017WRD0290087. Deputy Ruth Coppinger asked the Minister for Education and Skills if he will oppose an end to the free fees scheme and abolish the student registration charges in view of the recent figures on the number of students in receipt of grants in third level institutions (details sup-plied); and if he will make a statement on the matter. [10972/17]

02/03/2017WRD03000Minister for Education and Skills (Deputy Richard Bruton): The Report of the Expert Group on Future Funding for Higher Education, published in July 2016, clearly outlines the funding challenges in the higher education sector and offers a number of approaches and rec-ommendations for consideration. As committed to in the Programme for Government, I have referred the report to the Education Committee as part of the process for formulating a plan for the future of the sector. This will ensure that all views can be heard and considered.

We will require reasonable consensus to enable us to move forward with a realistic and achievable strategy for funding the system into the future. I shall work with the Education Committee as it analyses all of the options put forward by the Expert Group and hears the voice of all stakeholders and all sides of the debate.

While Cassells deals with the medium and long term funding needs of higher education we also have to consider the immediate challenges and in that context I am pleased that we placed a particular focus on this area in Budget 2017 and I secured additional funding for the sector for the first time in recent years. In Action Plan Education 2017, Higher Education will be a particular focus. In 2017 an additional €36.5 million will be made available with €160 million additional over the next three years. This will allow the sector keep pace with demographic increases and introduce targeted initiatives in areas such as disadvantage, skills, research and flexible learning. Among those who will benefit from the additional third level funding being


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made available are, students from disadvantaged backgrounds, lone parents and Travellers.

02/03/2017WRD03050Third Level Funding

02/03/2017WRD0310088. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the checks and balances in place to ensure third level institutions are not using public funds to access legal services to defend themselves against persons who have no access to similar legal services thus placing them at a disadvantage to the publicly funded institution; and if he will make a state-ment on the matter. [10978/17]

02/03/2017WRD03200Minister for Education and Skills (Deputy Richard Bruton): My Department allocates recurrent funding to the Higher Education Authority (HEA) for direct disbursement to the HEA institutions. The HEA allocates this grant to institutions for the purpose of free fees and core grant funding.

Higher education institutions are autonomous institutions and my Department does not have any function in their day to day operational affairs, including issues of a legal nature, for which the Governing Bodies and the management staff of the institutions are responsible.

02/03/2017WRD03250Education Policy

02/03/2017WRD0330089. Deputy Niall Collins asked the Minister for Education and Skills his views on the Eu-ropean Commission’s country report on Ireland and the finding that skills shortages are increas-ing in certain sectors and the quality and availability of upskilling and reskilling opportunities remain inadequate (details supplied); the policy measures he is taking to tackle this; and if he will make a statement on the matter. [11035/17]

02/03/2017WRD03400Minister of State at the Department of Education and Skills (Deputy John Halligan): I welcome the publication of the European Commission’s Country Report for Ireland. I also welcome the findings that Ireland performs well regarding early-school-leaving and tertiary educational attainment and has made significant progress in improving the provision of basic skills. It is good that the report also notes the increased expenditure on education and the Gov-ernment’s plans to continue to address investment in education.

I am also well aware of the challenges identified in the area of skills shortages, demographic trends for all levels of the education system and capital investment.

A number of my Department’s policies and strategies include measures which will identify and address the skills needs of enterprise and learners in a number of sectors including those in the Commission’s Report.

The central vision of the Action Plan for Education 2016-2019, which was launched in 2016, is that Irish Education and Training should become the best in Europe over the next de-cade. The plan contains hundreds of actions to be implemented with particular focus on disad-vantage, skills, and continuous improvement within the education service. Implementation and monitoring arrangements have been put in place within the Department.

With over 120 Actions involving over 50 stakeholders, the purpose of the National Skills Strategy 2025, which was also published in 2016 is to provide a framework for skills devel-opment that will help drive Ireland’s growth both economically and societally over the next decade. The continued implementation of the Strategy will provide up skilling and reskilling opportunities in sectors where there are identified skills needs including those identified in the

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Country Report.

The Action Plan for Education and the National Skills Strategy 2025, provide for the estab-lishment of the National Skills Council (NSC) and a refreshing of the mandate of the Expert Group on Future Skills Needs (EGFSN) as key elements of a new national skills infrastructure. The Council, when established shortly, will oversee research and provide advice on the priori-tisation of identified skills needs and how to secure the delivery of identified needs. Informa-tion will be provided to the Council from a range sources, including the EGFSN, the Skills and Labour Market Research Unit in SOLAS and the Regional Skills Fora.

At this point, the nine Regional Skills Fora are at varying stages of development. Early indications from their work are positive about the potential of the Fora to have a major impact at regional level in bringing together the key stakeholders to develop swift responses to emerg-ing skills needs across a number of sectors, and also to build better data around the needs of enterprise and employers in the region. Ongoing interaction with the Fora is planned to ensure their work is fully supported and we will be prioritising the production of robust information to be presented to the National Skills Council when established.

The Skills Planning and Enterprise Engagement Unit of my Department was established in 2016 to support the implementation of the National Skills Strategy 2025 in a manner that links Further Education, Higher Education and skills issues involving the wider Department. The Unit will provide support to the soon to be established National Skills Council and the network of Regional Skills Fora. The Unit will also seek to facilitate co-operation across all Govern-ment Departments that have responsibility for specific aspects of the measures outlined in the National Skills Strategy.

The Higher Education Authority (HEA), which manages Springboard+ on behalf of my Department, has recently issued a competitive Call to all Higher Education providers for course proposals which will be funded under Springboard+ 2017. Springboard+ provides free full-time and part-time higher education courses in areas where there are identified skills needs and/or employment opportunities. Courses to date have been delivered in areas such ICT, Manufac-turing which includes the biopharma sector, Construction, Entrepreneurship, Cross-Enterprise Skills, the Hospitality Sector and International Financial Services. Springboard+ incorporates the ICT skills conversion programme. Springboard + 2017 has now be extended to other prior-ity groups where new talent can be reached and supported. From 2017, the eligibility criteria for Springboard+ will be expanded to include Homemakers, and those in employment in the Biopharma/Med Tech sector who wish to up skill or reskill to meet a specific emerging skills need.

The second ICT Action Plan was published in 2014 and covers the period 2014 – 2018. The 2nd System Performance Report for Higher Education, published in December 2016, shows that the number of graduates from ICT-related programmes at levels 8 to 10 has increased from 2,362 in 2012 to 3,341 in 2014. Through Springboard+ and ICT conversion courses, more than 3,500 graduates achieved ICT qualifications at levels 6 to 9 in 2014 and 2015. Given the increasing demand for ICT professionals, the Department of Education and Skills is currently reviewing the ICT Action Plan and a new plan is to be published this year.

Within the Further Education and Training (FET) sector, significant improvements have been made in the planning and funding of provision since the publication of the FET Strategy in 2014. Education and Training Boards engage in a service planning process annually against a range of detailed parameters set by SOLAS. This process has been refined and improved each year and includes the use of strengthened labour market data provided by the Skills and Labour Market Research Unit to ensure that the skill needs of learners and enterprise are met.


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The FET services plan published by SOLAS each year since 2014 sets out measures to address FET skill needs in line with labour market and EGFSN forecasts. ETBs are currently reviewing existing provision for the purpose of matching capacity with potential demand for specific programmes e.g. apprenticeship, engineering, entrepreneurship and IT. This will also enable the realignment of course provision to meet identified skills shortages. To meet identi-fied skill needs, the 2016 Service Plan provided for a number of new programmes in various business sectors including IT, Entrepreneurship, Healthcare, business & finance, manufacturing and the built environment.

I will continue to ensure the delivery of the actions in all of the education strategies and, in particular, the Action Plan for Education and am assured that Ireland’s skills needs will continue to be addressed in the coming months and years.

02/03/2017WRD03450Further Education and Training Programmes

02/03/2017WRD0350090. Deputy Niall Collins asked the Minister for Education and Skills the participation rate in lifelong learning in 2014, 2015 and 2016 based on latest data at hand, in addition to the EU average rate, in tabular form; and if he will make a statement on the matter. [11036/17]

02/03/2017WRD03600Minister for Education and Skills (Deputy Richard Bruton): The participation rates in lifelong learning over the past 3 years in Ireland and the EU 28 average, listed below, are based on the latest EUROSTAT data. There are a number of challenges to improving these rates, which are not unique to Ireland.

National policies including the National Skills Strategy 2025, the Further Education Strat-egy and the Action Plan for Education 2016-2019 all acknowledge through a number of actions, that the development of the skills of those at work will play a key role in the context of lifelong learning, and confirm the need to work with employers and employees.

SOLAS are currently developing a FET Policy Framework to provide for Employee De-velopment. Implementation of the framework will contribute to and support the increase of overall rates of lifelong learning participation. I understand that progress on development of the framework is well advanced with publication scheduled for Q2 2017.

Lifelong Learning participation rate

2014 2015 2016

EU 28 average 10.8 10.7 10.8* Ireland 6.9 6.5 6.5*Source: Eurostat

* data for 2016 is provisional.

02/03/2017WRE00200Skills Development

02/03/2017WRE0030091. Deputy Niall Collins asked the Minister for Education and Skills the percentage of persons in the labour force who have basic or above basic digital skills based on latest data at hand in addition to the corresponding EU average rate; and if he will make a statement on the matter. [11037/17]

02/03/2017WRE00400Minister of State at the Department of Education and Skills (Deputy John Halligan): EUROSTAT data for 2015, the latest available, records that the percentage of the labour force

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in Ireland with basic overall digital skills is 22% with the EU average being 31%. 29% of the labour force in Ireland had above basic digital skills as against an EU average of 32%.

A range of actions are in place across the entire education system to support the acquisition of enhanced digital skills and to increase the use of digital technologies in teaching and learn-ing.

In March 2014, my Department and the Department of Jobs Enterprise and Innovation, launched the ICT Skills Action Plan 2014 - 2018. The plan sets out a collaborative, system-wide response, across Departments, agencies and the education and enterprise sectors aimed at building the domestic supply of graduates from the education system and ensuring Ireland maintains a strong ICT talent pool and promoting Ireland internationally as a centre for high-level ICT skills.

A number of significant developments have taken place since the ICT Action Plan was published. In 2015, my Department published the Digital Strategy for Schools 2015-2020 and last year the National Skills Strategy 2025 was published, each of which includes a range of rel-evant actions that will support the development of digital skills both directly through curricula and through technology enhanced learning.

A key theme in the 2017 Action Plan for Education is enhanced use of digital technologies in teaching, learning and assessment at all levels. Actions this year include the commencement of the implementation of the Digital Strategy for Schools 2015-2020, supporting SOLAS on the implementation of the Strategy for Technology Enhanced Learning in FET 2016-2019 which this year will see each ETB develop a bring your own device policy.

Within the Higher Education sector, a number of actions are included to implement the Roadmap for Enhancement in a Digital World 2015-2017 aimed at supporting the development and embedding of digital capacity in teaching and learning activities and developing consistent digital experiences for learners.

02/03/2017WRE00500National Educational Psychological Service Staff

02/03/2017WRE0060092. Deputy Carol Nolan asked the Minister for Education and Skills if the recently an-nounced appointment of ten additional NEPS psychologists will be used to deal with staff short-ages due to leave; and if he will make a statement on the matter. [11080/17]

02/03/2017WRE00700Minister for Education and Skills (Deputy Richard Bruton): I can inform the Deputy that, under my Department’s Action Plan for Education 2017, the ten NEPS posts to which refers will be targeted at enhancing NEPs service to DEIS schools with particular emphasis on well-being.

As the Deputy may be aware my Department’s National Educational Psychological Service (NEPS) provides an educational psychological service to schools through the direct assignment of a NEPS psychologist and in some cases through by providing schools access to the Scheme for Commissioning Psychological Assessments (SCPA) where schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

Access to SCPA is afforded to schools, in the situation instanced by the Deputy, where the school’s assigned psychologist is not available due to maternity leave, long-term sick leave or carer’s leave, necessitating a temporary hiatus in NEPS direct coverage. This situation returns to normal as individual staff members return to work.


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In the interim the affected schools will allowed access to the SCPA scheme for their as-sessment needs and will continue to be supported by NEPS personnel in the event of a critical incident.

In the broader context, the Deputy will be aware that my Department will recruit in total, 21 NEPS psychologists in the coming months to bring the total number of NEPS psycologists to 183 (a 13% increase from the current level of 162). 11 of these will be in place by the end of the current academic year filling vacancies in the current complement, while the ten posts referred to above will be in place for the commencement of the 2017/2018 academic year.

02/03/2017WRE00800School Services Staff

02/03/2017WRE0090093. Deputy Róisín Shortall asked the Minister for Education and Skills the current salary scale for primary school caretakers. [11084/17]

02/03/2017WRE01000Minister for Education and Skills (Deputy Richard Bruton): Salary scales for school caretakers employed in National Schools under the 1978/79 Scheme are set out in circular letter 0068/2015 which is available on my Department’s website at www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0068_2015.pdf.

These are the only salary scales for National school caretakers published by my Depart-ment. While a small number of these staff remain in schools, the scheme is being phased out and has been superseded by a more extensive capitation grant scheme.

The majority of primary schools in the Free Education Scheme now receive capitation grant assistance to provide for caretaking services. Within the capitation grant schemes, it is a matter for each individual school to decide how best to apply the grant funding to suit its particular needs and my Department does not stipulate how caretaking services are to be obtained.

Where a school uses the grant funding to employ a caretaker, such staff are employees of individual schools. My Department therefore does not have any role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities.

Notwithstanding the above, in 2015 my Department agreed to engage with the union side in relation to the pay of School Secretaries and Caretakers who are employed using grant funding and to enter an arbitration process. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 for School Secretaries and Caretakers comprehended by the terms of the arbitration process and that a minimum hourly pay rate of €13 for such staff be phased in over the period 2016 to 2019. My Department recently published circular letter 0080/2016, setting out the application of the second phase increases of the Arbitrator’s recom-mendations. The circular is available at: www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0080_2016.pdf.

02/03/2017WRE01100EU Bodies

02/03/2017WRE0120094. Deputy Thomas Byrne asked the Minister for Education and Skills if his Department entered into discussions with the EU with regard to the relocation of a school (details supplied); and if he will make a statement on the matter. [11092/17]

02/03/2017WRE01300Minister for Education and Skills (Deputy Richard Bruton): The decision to close the European School (ES) Culham and to establish the Europa School UK, located on the same and

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on an adjacent site was taken by the Board of Governors of the European Schools in 2007 and 2014 respectively. My Department was represented on the Board of Governors of the European Schools by an Assistant Chief Inspector during this decision making process.

The ES, Culham was established in 1978 to support the EFTA- JET nuclear fusion proj-ect. When a decision was made to expand the JET project at its French site in Cardarache, the ‘raison-d’etre’ for a full Type I ES in Culham ceased to exist.

Following the publication of the Van Dijk report (2007) on the viability of the school going-forward, a decision was taken by the Board of Governors in April 2007 to phase out the ES, Culham over a period of 10 years. The ES, Culham will close its doors at the end of this school year.

In order to ensure multi-lingual education and a future school for those ES, Culham students who would not otherwise be in a position to complete their secondary education to Baccalau-reate level, a group of parents of ES, Culham decided to pursue the establishment of a multi-lingual free school. Thus the Europa School UK was established in 2012.

This school was officially recognised by the Board of Governors as an accredited school of the ES system in December, 2014.

02/03/2017WRE01400Teacher Secondment

02/03/2017WRE0150095. Deputy Thomas Byrne asked the Minister for Education and Skills the number of secondments which have exceeded five years in the period July 2009 to October 2014, inclu-sive; the length of time for which the five years was exceeded; and the number of secondments refused or terminated in this period on the grounds that the secondment exceeded five years. [11122/17]

02/03/2017WRE01600Minister for Education and Skills (Deputy Richard Bruton): I will arrange for the in-formation that is available in my Department relating to the request from the Deputy to be for-warded to him as soon as possible.

02/03/2017WRE01700English Language Training Organisations

02/03/2017WRE0180096. Deputy Róisín Shortall asked the Minister for Education and Skills if his attention has been drawn to the lack of regulation covering pay and conditions for teachers in the English language college sector; and his plans to properly regulate the sector. [11126/17]

02/03/2017WRE01900Minister for Education and Skills (Deputy Richard Bruton): The majority of English language colleges in Ireland are privately run, and issues such as pay and conditions are a mat-ter between teachers and the individual colleges. If teachers have a concern about their terms and conditions of employment they should contact the National Employment Rights Authority in this regard.

In line with the Government decision of 19 May 2015, a series of reforms to the student im-migration system for international education are being implemented. These reforms include the restriction of the list of education programmes considered to justify the granting of permission to students to live and work in Ireland (known as the Interim List of Eligible Programmes – the ILEP).

As part of this new process all providers of English language training wishing to recruit


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non-EEA students are required to apply to the Department of Justice and Equality for inclusion on the ILEP. All English language providers seeking inclusion on the ILEP have to comply with certain new requirements including declaration of ownership, teacher qualifications, atten-dance rates, compulsory exam registration policies and maximum class size. The regulations governing the ILEP also specify a requirement that all obligations concerning national legisla-tive requirements, including national employment regulations, are complied with.

The ILEP was introduced in January 2016 and is managed by the Department of Justice and Equality in association with my Department. The ILEP continues to be updated at regular intervals.

The ILEP process is an interim measure until the introduction of the International Education Mark (IEM) for the provision of education to international learners, which will provide a full quality framework in the future. The measures necessary to facilitate the introduction of the IEM are being progressed by my Department.

02/03/2017WRE02000Legislative Process RIA

02/03/2017WRE0210097. Deputy Niall Collins asked the Minister for Education and Skills the legislative propos-als published by his Department between 2011 to 2016, inclusive, that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11150/17]

02/03/2017WRE0220098. Deputy Niall Collins asked the Minister for Education and Skills if regulatory im-pact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11165/17]

02/03/2017WRE02300Minister for Education and Skills (Deputy Richard Bruton): I propose to take Questions Nos. 97 and 98 together.

The following are the Bills published by my Department between 2011 and 2016.

1. Qualifications and Quality Assurance (Education and Training) Bill 2011. A RIA was completed;

2. Education (Amendment) Bill 2012. A RIA was completed;

3. Education and Training Boards Bill 2012. A RIA was completed;

4. Education (Admissions to Schools) Bill 2015. A RIA was completed;

5. The Technological Universities Bill 2015. A RIA was completed;

6. Teaching Council Amendment Bill 2015. A RIA was completed.

7. Education (Miscellaneous Provisions) Bill 2014. A RIA was not completed as it amended previous legislation.

The Guidelines on RIAs published in 2009 by Department of the Taoiseach set out the fol-lowing impact categories for consideration, where relevant, in regulatory impact assessments.



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- The environment



- Compliance Burden

- North-South and East-West Relations

In line with the Guidelines, these impacts have been considered by my Department, where relevant, in Regulatory Impact Assessments on Bills.

02/03/2017WRE02400Planning Issues

02/03/2017WRE0250099. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to a planning application (details supplied) cur-rently before Cavan County Council; and if he will make a statement on the matter. [10791/17]

02/03/2017WRE02600Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): The regulation of dog breeding establishments is a matter for local authorities in ac-cordance with the Dog Breeding Establishments Act 2010.

Furthermore, under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned; consequently, I may not direct the planning authority in relation to this matter and it would be inappropriate for me to comment in relation to any individual case.

More generally, the holding, transport or management of waste is a matter for my colleague, the Minister for Communications, Climate Action and the Environment.

02/03/2017WRE02700Local Authority Housing Funding

02/03/2017WRE02800100. Deputy Bernard J. Durkan asked the Minister for Housing, Planning, Community and Local Government the extent to which his Department can offer further latitude for imme-diate expenditure by the various local authorities on measures to address the housing crisis by way of direct build; and if he will make a statement on the matter. [11016/17]

02/03/2017WRE02900Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): With €5.35 billion in place under Rebuilding Ireland to support the delivery of social housing, the financial means are in place for local authorities to make immediate progress with their programmes of social housing construction. A substantial pipeline of new social housing construction projects, is already in place both in terms of local authority direct build and ap-proved housing body projects. We are now seeing progress through this pipeline, as is evident in the Social Housing Construction Projects Status Report which I published on 20 February last. This lists all approved social housing construction projects, including those delivered in 2016 and those at various stages of advancement through planning, design and construction, and it can be accessed at the following link: http://rebuildingireland.ie/news/social-housing-developments/.


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For 2017, the budget for local authority direct build and purchase of new social housing has been increased by over 70% and given the scale of the new construction projects, I expect that to be fully spent. At individual local authority level, the level of funding to be provided will be directly linked to the scale and speed of delivery a local authority achieves on their projects. I am keen that all local authorities advance their social housing projects as speedily as possible and I have assured them that funding is in place to support their activity in this regard.

02/03/2017WRE03000Housing Assistance Payments Data

02/03/2017WRE03100101. Deputy Maurice Quinlivan asked the Minister for Housing, Planning, Community and Local Government the number of persons who have been awarded an increase in rental payments uplifts by county under the housing assistance payment, in 2016 and in January 2017. [10781/17]

02/03/2017WRE03200Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): Under the Housing Assistance Payment (HAP) scheme, a tenant sources their own accommodation, the tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancy Act 2004 (as amended). Recognising the pressures in the rental market, the Government increased the maximum rent limits available under the HAP scheme across the country with effect from 1 July 2016. Furthermore, additional flexibility above the existing HAP rent limits was made available to all HAP local authorities from the same date.

Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis.

My Department does not hold data on the number of HAP payments that utilised additional flexibility being made during 2016. From data that is available, at 14 February 2017, 8.5% of the total number of households (excluding qualified homeless households) being supported by HAP were benefitting from the additional flexibility that was provided to local authorities to exceed the maximum rent limits.

02/03/2017WRE03300Local Authority Housing Provision

02/03/2017WRE03400102. Deputy Jan O’Sullivan asked the Minister for Housing, Planning, Community and Local Government the number of houses and apartments that will be built and turnkey ready in Limerick city in 2017 excluding void figures; and if he will make a statement on the matter. [10811/17]

02/03/2017WRE03500104. Deputy Jan O’Sullivan asked the Minister for Housing, Planning, Community and Local Government the percentage of new social housing builds that will be suitable for and al-located to single persons in Limerick city in 2017; and if he will make a statement on the matter. [10813/17]

02/03/2017WRE03600Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): I propose to take Questions Nos. 102 and 104 together.

On 20 February 2017, I published a Social Housing Construction Projects Status Report, which lists all approved projects including those delivered in 2016 and those at various stages

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of advancement through planning, design and construction. This report can be accessed at the following link: http://rebuildingireland.ie/news/social-housing-developments/.

The report contains a range of information in relation to each separate social housing con-struction project, including the local authority area, project name, AHB name where applicable, the number of units and the status of each application in terms of its current level of advance-ment. I expect that a number of the projects listed for Limerick City & County Council will commence on site in 2017, but the precise timing for the advancement of each of these projects is a matter for the Council, in the first instance.

I am keen that all local authorities advance their social housing projects as speedily as pos-sible and I have assured them that funding is in place to support their activity in this regard.

Precise information on the percentage of newly constructed social housing units that will be suitable for and allocated to single persons in Limerick City in 2017 is not available to my Department and is a matter for the Council.

02/03/2017WRE03700Local Authority Housing Data

02/03/2017WRE03800103. Deputy Jan O’Sullivan asked the Minister for Housing, Planning, Community and Local Government the percentage of social housing allocations to homeless persons and fami-lies in Limerick city; and if he will make a statement on the matter. [10812/17]

02/03/2017WRE03900Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): The allocation of social housing support to qualified households is a matter for the housing authority concerned in accordance with the authority’s allocation scheme made under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Allocation Regulations 2011.

While the development and implementation of an allocation scheme is a matter for the hous-ing authority concerned, being a reserved function of the elected members, Section 22(17) of the 2009 Act provides that the Minister may issue directions to a housing authority regarding the operation of an allocation scheme and the housing authority shall comply with any such direction in operating the scheme. In this regard, a Ministerial Direction was put in place in January 2015 which required the Limerick City and County Council to allocate at least 30% of tenancies under their control to homeless and other vulnerable households. The Direction was subsequently renewed on two occasions, with the last renewal expiring on 30 April 2016. An exercise carried out during the operation period of the Direction indicated that Limerick City and County Council was achieving the target percentage.

At the time of the last renewal in February 2016, the Housing Agency was requested to conduct a review of the operation of the Direction and provide an impartial assessment. The Agency recommended that the Direction should be allowed to lapse upon its expiry.

This Direction was only ever intended to operate for a short period of time to provide an immediate increase in the number of social housing tenancies being allocated to homeless households. In the normal course, local authorities and their elected members are best placed to determine the allocation of social housing for their own areas, in line with national policy.

Among the Agency’s findings was that the well-established allocation procedures of hous-ing authorities are capable of responding to particular housing need without an on-going Min-isterial Direction. This analysis is vindicated by the fact that during 2016 local authorities nationally achieved in the region of 2,700 sustainable exits from homelessness into independent


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tenancies; this is a record level of exits, with the comparable figure for 2015 having been 2,300.

Taking account of the Housing Agency’s report, my predecessor decided not to renew the Ministerial Direction after 30 April 2016 and I do not propose to revisit the issue. I am confi-dent that the comprehensive range of actions and initiatives underway to increase housing sup-ply generally, as set out in the Rebuilding Ireland Action Plan for Housing and Homelessness, will enable local authorities to prioritise appropriately the level of housing allocations to home-less households and other vulnerable groups achieved under the Direction.


02/03/2017WRE04100Tenant Purchase Scheme Eligibility

02/03/2017WRE04200105. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government his plans to improve the criteria pertaining to the tenant purchase scheme (details supplied); and if he will make a statement on the matter. [10816/17]

02/03/2017WRE04300Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme.

The Housing (Sale of Local Authority Houses) Regulations 2015 governing the Scheme provides for a number of specified classes of houses to be excluded from sale, including houses provided to Local Authorities under Part V of the Planning and Development Act 2000, as amended, houses specifically designed for older persons, group Traveller housing and houses provided to facilitate people with disabilities transferring from institutional care to community-based living.

The provisions of Part V of the Planning and Development Act 2000, as amended, are de-signed to enable the development of mixed tenure, sustainable communities. Part V housing units are among the classes of house excluded from the tenant purchase scheme, and this is to ensure that units delivered under this mechanism will remain available for people in need of social housing support, and that the original policy goals of the legislation are not eroded over time.

In line with the commitment given in Rebuilding Ireland - Action Plan for Housing and Homelessness, a review of the first 12 months of operation of the Tenant (Incremental) Purchase Scheme is being conducted by my Department. To facilitate this review a public consultation process on the terms of operation of the scheme was undertaken by my Department during January and February of this year. Any changes to the terms and conditions of the scheme that are considered necessary based on the evidence gathered as part of the overall review process will be brought forward. I expect the review to be completed on schedule by the end of Quarter 1 2017.


02/03/2017WRE04500106. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government the number of children on local authority housing lists according to the last count, by authority area; and if he will make a statement on the matter. [10821/17]

02/03/2017WRE04600Minister for Housing, Planning, Community and Local Government (Deputy Simon

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Coveney): The results of the latest Summary of Social Assessments, carried out as at 21 Sep-tember 2016, show that of the 91,600 households qualified for social housing support at this date, 46,294 households included at least one child, with an overall total of 84,025 children.

The following table provides a breakdown of the number of children included in households qualified for social housing support by housing authority:

Housing Authority Number of Children Housing Authority Number of Children Carlow 758 Limerick City &

County 2,513

Cavan 800 Longford 689 Clare 1,661 Louth 2,232 Cork City 3,755 Mayo 1,040 Cork County 3,886 Meath 3,569 Donegal 989 Monaghan 426 Dublin City 14,803 Offaly 999 Dún Laoghaire Rath-down

2,895 Roscommon 555

Fingal 9,967 Sligo 485 Galway City 2,513 South Dublin 6,939 Galway County 2,020 Tipperary 1,473 Kerry 2,823 Waterford City &

County 1,344

Kildare 5,210 Westmeath 1,700 Kilkenny 1,389 Wexford 2,631 Laois 1,290 Wicklow 2,385 Leitrim 286 Total: 84,025

02/03/2017WRE04700Local Authority Housing Eligibility

02/03/2017WRE04800107. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government the basis on which the qualifying income thresholds for local authori-ties are set; when these were last set; and if he will make a statement on the matter. [10822/17]

02/03/2017WRE04900114. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government his plans to exclude family income supplement from assessment of income in eligibility limits for social housing; and if he will make a statement on the matter. [11066/17]


The Social Housing Assessment Regulations 2011 prescribe maximum net income limits for each housing authority, in different bands according to the area, with income being defined and assessed according to a standard Household Means Policy.

The income bands and the authority area assigned to each band were based on an assess-ment of the income needed to provide for a household’s basic needs plus a comparative analysis of the local rental cost of housing accommodation across the country. The limits also reflect a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn and thereby promote sustain-able communities.


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Under the Household Means Policy, which applies in all housing authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI and the universal social charge. The Policy provides for a range of income disregards, and housing authorities also have discretion to decide to disregard income that is temporary, short-term or once off in nature. Most payments received from the Department of Social Protection are as-sessable, including Family Income Supplement.

Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. I am satisfied that the cur-rent income eligibility requirements generally achieve this and that they provide for a fair and equitable system of identifying those households unable to provide accommodation from their own resources. These income limits will continue to be kept under review by my Department, as part of the broader social housing reform agenda set out in the Social Housing Strategy 2020.

02/03/2017WRE05100Rental Accommodation Scheme Data

02/03/2017WRE05200108. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government the number of landlords who have dropped out of the rental accommo-dation scheme in each of the past three years, by authority area; and if he will make a statement on the matter. [10823/17]

02/03/2017WRE05300Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): Final detailed data relating to 2016 Rental Accommodation Scheme (RAS) activity at local authority level are not yet available. The information requested by the Deputy relating to the years 2013 to 2015 is set out as follows.

While some 3,286 RAS contracts relating to 4,712 separate tenancies, ended during this three year period, a further 6,706 new RAS tenancies commenced. This represented a net gain of 1,994 active RAS tenancies in the 3 year period outlined.

It should be noted that the Housing Assistance Payment (HAP) scheme, which also provides social housing support through the private rental sector, began its phased statutory roll out in September 2014. At the end of 2015, there were more than 6,000 households being supported by the scheme with more than 4,000 separate landlords and agents receiving housing assistance payments at that time. More than 15,000 separate landlords and agents are currently in receipt of housing assistance payments (HAP) on behalf of more than 18,000 separate households who are being supported by HAP.

Total number of Landlords who left the Rental Accommodation Scheme

Local Authority 2013 2014 2015 Carlow County Council

12 14 12

Cavan County Coun-cil

42 15 18

Clare County Coun-cil

25 27 18

Cork County Coun-cil

58 68 54

Cork City Council 19 33 38

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Local Authority 2013 2014 2015 Donegal County Council

13 24 32

Dublin City Council 101 105 131 DLR County Coun-cil

19 31 25

Fingal County Coun-cil

68 96 91

Galway City Council 26 27 25 Galway County Council

15 30 28

Kerry County Coun-cil

29 45 35

Kildare County Council

19 0 25

Kilkenny County Council

22 25 33

Laois County Coun-cil

22 16 18

Leitrim County Council

10 14 4

Limerick City & Council

288 27 75

Longford County Council

76 44 19

Louth County Coun-cil

22 18 22

Mayo County Coun-cil

33 37 62

Meath County Coun-cil

5 0 26

Monaghan County Council

2 10 16

Offaly County Coun-cil

10 4 9

Roscommon County Council

33 36 23

Sligo County Coun-cil

7 42 4

South Dublin County Council

40 84 80

Tipperary County Council

36 33 43

Waterford City & Council

40 40 34

Westmeath County Council

26 11 36


170

Local Authority 2013 2014 2015 Wexford County Council

21 32 45

Wicklow County Council

30 24 24

Total 1,169 1,012 1,105 While RAS continues to be an effective and secure form of social housing support and re-

mains a significant part of the suite of social housing options available to local authorities when meeting housing need and fulfilling the ambitious programme under Rebuilding Ireland, I will keep its operation under review.


02/03/2017WRE05500109. Deputy Mary Butler asked the Minister for Housing, Planning, Community and Lo-cal Government the number of residential units that will be commenced in 2017 by Waterford City and County Council; and if he will make a statement on the matter. [10862/17]

02/03/2017WRE05600113. Deputy Mary Butler asked the Minister for Housing, Planning, Community and Lo-cal Government the level of funding that has been approved for Waterford City and County Council for the construction of houses in 2017 in respect of specific housing schemes; and if he will make a statement on the matter. [10866/17]


My Department has put in place a wide range of programmes that are available to all local authorities to generate increased social housing supply, to address specific special needs and to improve the standards and condition of the social housing stock.

Arising from the Social Housing Strategy, targets and provisional funding allocations were notified to each local authority in April 2015 that covered the period out to end 2017. This re-leased €1.5 billion nationally for nearly 23,000 new social housing units to be delivered via a combination of building, buying and leasing schemes. Waterford’s target is for the delivery of 760 units to the end of 2017, with a funding allocation of €35 million.

Now, with the increased national targets under Rebuilding Ireland, increased targets beyond 2017 will be set for all local authorities. These will be based on the results of the most recent statutory Summary of Social Housing Assessments, published in late 2016, so that delivery and resources can be aligned with the up-to-date, priority housing needs locally. I anticipate these new targets for individual local authorities will be finalised in Q2 2017.

The development and advancement of appropriate targeted proposals under the capital sup-ply programmes is, in the first instance, a matter for Waterford City and County Council. My Department is in regular contact with Waterford City and County Council with a view to fa-cilitating the early advancement and delivery of its proposals, and funding for 2017 will be provided by my Department in line with their progress. Accordingly, rather than a pre-set allo-cation of funding for this year, the level of funding to be provided to Waterford City and County Council will be directly linked to the scale of delivery they achieve on their approved proposals.

Indeed, it should be noted that my Department has been working closely with all local

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authorities including Waterford City and County Council to facilitate and accelerate the de-livery of social housing. Waterford City and County Council already has a strong pipeline of construction projects in development and is being encouraged by my Department to prepare and submit additional construction proposals to further strengthen that pipeline. Details of the Waterford City and County construction pipeline are available at the following weblink: http://rebuildingireland.ie/news/social-housing-developments/.

02/03/2017WRE05800Local Authority Housing Applications Data

02/03/2017WRE05900110. Deputy Mary Butler asked the Minister for Housing, Planning, Community and Local Government the number of social housing applicants currently in Waterford City and County Council and in locations (details supplied) in tabular form. [10863/17]

02/03/2017WRE06000Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): Details on the number of households qualified for social housing support in each housing authority area are provided in the statutory Summary of Social Housing Assessments. The most recent figures available are the results of the 2016 Summary which are available on my Department’s website at the following link: www.housing.gov.ie/sites/default/files/publica-tions/files/summary_of_social_housing_assessments_2016.pdf.

The 2016 results show that there were 1,596 households on Waterford City and County Council’s record of qualified households as at 21 September 2016. The results do not provide a breakdown of the numbers for individual areas within the Council’s administrative area and my Department does not hold such detailed data.

02/03/2017WRE06100Local Authority Housing Maintenance

02/03/2017WRE06200111. Deputy Mary Butler asked the Minister for Housing, Planning, Community and Local Government the amount of voids in Waterford City and County Council that are currently under refurbishment; and if he will make a statement on the matter. [10864/17]

02/03/2017WRE06300Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): Local authorities including Waterford City and County Council have recently sub-mitted the list of properties, they wish to be included in the 2017 Voids Programme. These units are currently been assessed and I expect to announce details shortly of the 2017 funding for local authorities to address vacant social housing stock, including the breakdown of the targets and funding for each local authority. Local authorities have been advised that they should not delay in carrying out the necessary refurbishment works on eligible units while waiting for the assessment and allocations.

It should be noted that over the period 2014-2016, my Department provided funding of over €1.8 million to bring a total of 181 Void units in Waterford back into use. This Deputy will, of course, be aware that the Voids Programme is separate from any other refurbishment works that Waterford City and Council may undertake from their own resources.

02/03/2017WRE06400Local Authority Housing Maintenance

02/03/2017WRE06500112. Deputy Mary Butler asked the Minister for Housing, Planning, Community and Lo-cal Government the current turnaround time of voids in each of the 31 local authorities; if he is satisfied with these times; and if he will make a statement on the matter. [10865/17]


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02/03/2017WRE06600Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): The information on the turnaround time for voids is not collected by my Department. However the key objective of the Voids Programme is aimed at minimising the turnaround and re let time of vacant units and returning them to use in a very energy efficient condition. Since the commencement of the Voids Programme in 2014 over 7,100 vacant social housing units have been returned to productive use. This figure does not include units which are returned by local authorities through funding from their own resources.

In the Rebuilding Ireland Action Plan for Housing and Homelessness commitments are set out in line with best asset management practices, which will see all local authorities operating to a national re-letting performance standard and greater use of a preventative maintenance ap-proach to housing stock management.



02/03/2017WRF00300Repair and Leasing Scheme

02/03/2017WRF00400115. Deputy Carol Nolan asked the Minister for Housing, Planning, Community and Local Government the allocation to Offaly County Council and Tipperary County Council under the repair and leasing scheme announced recently; and if he will make a statement on the matter. [11082/17]

02/03/2017WRF00500Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): The Repair and Leasing Scheme (RLS), has been developed to assist private prop-erty owners and local authorities or Approved Housing Bodies (AHBs) to harness the accom-modation potential that exists in certain vacant properties across Ireland. The scheme is tar-geted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental property. Subject to the suitability of the property for social housing, and the agreement of the property owner, the cost of the necessary repairs will be met up-front by the local authority or an AHB. This allows for the property owner to sign-up to a lease arrangement for a length that is linked to the value of the repairs, subject to a minimum of 10 years. The value of the repairs will then be offset incrementally against the agreed rental payment over a defined period within the lease.

Following on from the success of the initial pilot in Waterford and Carlow local authorities, last week I announced that the pilot Repair and Leasing Scheme (RLS) was being rolled out on a national basis from 23 February 2017.

I am making an additional €26m available to fund this scheme in 2017, which brings the to-tal amount available this year to €32m. This additional investment in 2017 means that delivery under the scheme can be accelerated and up to 800 vacant properties can be brought back into use as new homes for families on local authority waiting lists this year. This funding represents a frontloading of the €140m being made available for the scheme over the next 5 years. Over the period 2016 to 2021, it is anticipated that up to 3,500 units will be secured for social hous-ing under this scheme.

Local Authorities are encouraged to engage early with the scheme and to collaborate where possible with AHBs at a local level to drive the project forward and to achieve maximum output in 2017. The delivery of 800 units nationally will be spread across all areas and the onus will

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be on individual LAs to maximise their output. A specific budgetary allocation is not being made on a county by county basis, but rather, in order to ensure that the maximum output can be achieved, funding will be available on the basis of performance and capacity to deliver new social homes using the scheme.

I will be carefully monitoring the scheme in 2017 to ensure that it works and is cost effec-tive. Likewise, this analysis will assist in determining its delivery potential for future years, as well as whether additional financial resources are required in that context.

The Repair and Leasing Scheme is one of a number of initiatives in Rebuilding Ireland to address vacant properties around the country. Other initiatives including the Buy and Renew scheme will operate in parallel to harness the maximum potential of vacant properties available for social housing. The full details of the Buy and Renew Scheme initiative are being finalised and will be communicated to local authorities shortly. I have made an initial €25 million avail-able for this initiative this year and propose to increase this to as much as €50 million in 2018, depending on the uptake. I expect this investment to deliver between 400 and 500 renewed houses for social housing use. The initiative may present opportunities for local authorities and approved housing bodies to tackle dereliction in towns and urban areas, but prospective hous-ing units will always need to be suitable for social housing use, in an area of need and represent reasonable value for money.

02/03/2017WRF00600Commercial Rates

02/03/2017WRF00700116. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Lo-cal Government his plans to reform the commercial rates system; the timeframe for any forth-coming legislation; and if he will make a statement on the matter. [11093/17]

02/03/2017WRF00800Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation pursuant to the Valuation Act s 2001 to 2015. The levying and collection of rates are matters for each individual local authority.

Commercial rates form an important element of the funding of all local authorities. The principle of local authorities levying rates based on an independent valuation is well established and I have no plans to change this. However, the legislative basis for the levying of rates is spread over a number of enactments, some dating back to the 19th century. I have asked my Department to develop proposals for the preparation of a consolidated Rates Bill to modernise and consolidate the legislation in this area. I hope to bring proposals in this area to Government in the coming weeks.

02/03/2017WRF00900Legislative Process RIA

02/03/2017WRF01000117. Deputy Niall Collins asked the Minister for Housing, Planning, Community and Local Government the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Depart-ment that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11151/17]

02/03/2017WRF01100118. Deputy Niall Collins asked the Minister for Housing, Planning, Community and Local Government if regulatory impact assessments for legislative proposals published by his Depart-


174

ment include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11166/17]

02/03/2017WRF01200Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney): I propose to take Questions Nos. 117 and 118 together.

The following table gives details of Bills published by my Department between 2011 and 2016, indicating whether or not a regulatory impact assessment (RIA) was undertaken in each case:

Name and Number of Bill RIA completed Yes/No Electoral (Amendment) Bill 2011 (32 of 2011)

Yes

Dormant Accounts (Amendment) Bill 2011 (46 of 2011)

Yes

Water Services (Amendment) Bill 2011 [Seanad] (63 of 2011)

Yes

Local Government (Household Charge) Bill 2011 (74 of 2011)

No

Electoral (Amendment) (Political Funding) Bill 2011 (79 of 2011)

No

Motor Vehicle (Duties and Licences) Bill 2012 (7 of 2012)

No

Local Government (Miscellaneous Provi-sions) Bill 2012 (40 of 2012)

No

Electoral (Amendment) (No. 2) Bill 2012 (61 of 2012)

No

Residential Tenancies (Amendment)(No. 2) Bill 2012 (69 of 2012)

Yes

Electoral (Amendment) (Dáil Constituen-cies) Bill 2012 (84 of 2012)

Yes

Water Services Bill 2013 [Seanad] (1 of 2013)

No

Motor Vehicle (Duties and Licences) Bill 2013 (14 of 2013)

No

Non-Use of Motor Vehicles Bill 2013 (37 of 2013)

Yes

Housing (Amendment) Bill 2013 (44 of 2013)

No

Electoral, Local Government and Planning and Development Bill 2013 (70 of 2013)

Yes

Local Government Bill 2013 (98 of 2013) Yes Water Services No. 2 Bill 2013 (123 of 2013)

No

European Parliament Elections (Amend-ment) 2013 Bill (124 of 2013)

Yes

Pyrite Resolution Bill 2013 No Electoral (Amendment) (No.2) Bill 2014 (28 of 2014)

No

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Name and Number of Bill RIA completed Yes/No Electoral (Amendment) (No.4) Bill 2014 (67 of 2014)

Yes

Environment (Miscellaneous Provisions) Bill 2014 (later known as the Environment (Miscellaneous Provisions) Act 2015)

No

Environment (Miscellaneous Provisions) Bill 2014 (Reform of Household Waste Col-lection Provisions)

Yes

Housing (Miscellaneous Provisions) Bill 2014

No

Radiological Protection (Miscellaneous Pro-visions) Bill 2014

Yes

Climate Action and Low Carbon Develop-ment Bill 2015 (No. 2 of 2015)

Yes

Electoral (Amendment) (No. 2) Bill 2015 Yes Urban Regeneration and Housing Bill 2015 (51 of 2015) (formerly entitled Planning and Development (No 1) Bill

Yes

Electoral (Amendment) (No. 2) Bill 2015 (87 of 2015)

Yes

Planning and Development (Amendment) Bill 2015 (109 of 2015)

No

Dublin Docklands Development Authority (Dissolution) Bill 2015

Yes

Housing (Regulation of Approved Housing Bodies) Bill 2015

Yes

Motor Vehicle (Duties and Licences) Bill 2015

No

Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015

No

Water Services (Amendment) Bill 2016 (No. 2 of 2016)

No

Planning and Development (Amendment) (No.2) Bill 2016

Yes

Electoral (Amendment) Bill 2016 (59 of 2016)

No

Maritime Area and Foreshore (Amendment) Bill

Yes

Planning and Development (Housing) and Residential Tenancies Bill 2016

Yes

Where a RIA is undertaken, it is usually done at an early stage in the policy development process to assist in deciding the best approach to take.

The Template for Regulatory Impact Analysis (RIA) provided by the Department of the Taoiseach is used by way of guidance for the majority of RIAs published by my Department. RIAs are also carried out in line with that Department’s RIA Guidelines - How to Conduct a Regulatory Impact Analysis.


176

These guidelines state that a RIA should provide sufficient evidence to respond to concerns and objections that can be anticipated in the context of the decision-making process and in terms of public reaction. Examining relevant impacts under a range of appropriate categories forms part of this process for each RIA undertaken by the Department.

Social and economic impacts are included for the majority of RIAs undertaken. A number of RIAs have also addressed environmental impacts. Where relevant, other impact categories as included in the RIA guidelines are also referenced, such as competitiveness, impacts on so-cially excluded and vulnerable groups, the rights of citizens, North-South and East-West rela-tions and impacts in relation to any potential compliance burden.

02/03/2017WRF01300Disability Allowance Appeals

02/03/2017WRF01400119. Deputy Charlie McConalogue asked the Minister for Social Protection the status of a referral from the disability allowance section to the appeals office for a person (details sup-plied); and if he will make a statement on the matter. [10969/17]

02/03/2017WRF01500Minister of State at the Department of Social Protection (Deputy Finian McGrath): The application for disability allowance (DA) from this gentleman was disallowed by a decid-ing officer (DO) who decided that he did not satisfy the medical conditions for the scheme. Notification of this decision issued on 29 April 2016.

Following a request for a review of this decision and following a review of all the available evidence, a DO upheld the original decision to disallow on medical grounds. The outcome of this review was notified to the person concerned on 26 October 2016.

The person in question has lodged an appeal with the independent Social Welfare Appeals Office (SWAO). All the relevant papers requested by that Office recently were submitted by the Department and the SWAO will be in touch with the person in due course in relation to the progress of the appeal.

I trust this clarifies the matter for the Deputy.

02/03/2017WRF01600Carer’s Allowance Appeals

02/03/2017WRF01700120. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a carer’s allowance appeal by a person (details supplied); and if he will make a statement on the matter. [10790/17]

02/03/2017WRF01800Minister for Social Protection (Deputy Leo Varadkar): The Social Welfare Appeals Of-fice has advised me that an appeal by the person concerned was registered in that office on 23 February 2017. It is a statutory requirement of the appeals process that the relevant Departmen-tal papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

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

I hope this clarifies the matter for the Deputy.

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02/03/2017WRF01900Social Welfare Schemes

02/03/2017WRF02000121. Deputy Richard Boyd Barrett asked the Minister for Social Protection his plans for a social welfare programme for artists. [10805/17]

02/03/2017WRF02100Minister for Social Protection (Deputy Leo Varadkar): One of the initiatives announced as part of the Creative Ireland Programme which was launched by the Taoiseach in December was that the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs in conjunc-tion with my Department would devise a mechanism during 2017 to assist self-employed artists who have applied for Jobseeker’s Allowance.

I have been in contact with my colleague the Minister for Arts on the matter and officials of our two Departments have already begun working on this initiative in consultation with the Arts Council. Details of the pilot scheme will be announced as soon as possible.

02/03/2017WRF02200Rent Supplement Scheme Administration

02/03/2017WRF02300122. Deputy Bernard J. Durkan asked the Minister for Social Protection when rent sup-port will increase in line with current rent in the case of a person (details supplied); and if he will make a statement on the matter. [10999/17]

02/03/2017WRF02400Minister for Social Protection (Deputy Leo Varadkar): Under the new Private Rental Tenancies Legislation a landlord must give a minimum of 90 days written notice prior to in-creasing a tenant’s rent.

The client concerned should submit to the Department an up to date Rent Supplement ap-plication form, lease agreement and verification of this 90 days’ notice confirming any increase in their monthly rent. On receipt of this documentation the client’s rate of Rent Supplement entitlement can be re-assessed.


02/03/2017WRF02500Disability Allowance Applications

02/03/2017WRF02600123. Deputy Bernard J. Durkan asked the Minister for Social Protection the position in regard to disability allowance in the case of a person (details supplied); and if he will make a statement on the matter. [11001/17]

02/03/2017WRF02700Minister of State at the Department of Social Protection (Deputy Finian McGrath): I confirm that an application from this lady for disability allowance (DA) was received by my Department on 13 May 2016.

The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report to DA section, a decision will be made on the application and the person concerned will be notified directly of the outcome.


02/03/2017WRF02800Disability Allowance Payments


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02/03/2017WRF02900124. Deputy Bernard J. Durkan asked the Minister for Social Protection if the informa-tion supplied by way of parliamentary question previously has been withheld from the relevant section in view of the correspondence dated 13 February 2017 indicating the intention to with-hold the entire underpayment of €477.70 and further weekly deduction from their disability al-lowance in the case of a person (details supplied); and if he will make a statement on the matter. [11004/17]

02/03/2017WRF03000Minister of State at the Department of Social Protection (Deputy Finian McGrath): The information provided to my Department previously by the Deputy was available to the debt recovery unit. My Department is obliged to recoup any debt to it in an appropriate and timely manner and has attempted to contact this lady on multiple occasions regarding proposals for recovery, including the setting off of arrears due against the debt and the commencement of weekly deductions to cover the remaining balance of the debt.

However, there has been no response to any of these correspondence, my Department pro-ceeded to deduct the arrears of disability allowance from the outstanding debt and commenced weekly deductions from 22 February 2017. Notification of this decision issued on 13 February 2017. No response has been received to date.

On the basis of this representation by the Deputy, the weekly deductions will be suspended for two weeks in order that this lady can submit an income and expenditure sheet. On receipt of this information, proposals for recovery of the outstanding debt can be negotiated. If there is no response from the person concerned within the stated time frame, deductions will automatically recommence at the previous rate.


02/03/2017WRF03100Rent Supplement Scheme Payments

02/03/2017WRF03200125. Deputy Bernard J. Durkan asked the Minister for Social Protection if arrears of rent will be paid in the case of persons (details supplied); and if he will make a statement on the matter. [11006/17]

02/03/2017WRF03300Minister for Social Protection (Deputy Leo Varadkar): The Department has not, to date, received an application for Rent Supplement from the clients concerned. The client should forward an application to be assessed for entitlement to Rent Supplement to the Mid-Leinster Rents Unit, PO Box 11758, Dublin 24.


02/03/2017WRF03400Rent Supplement Scheme Applications

02/03/2017WRF03500126. Deputy Bernard J. Durkan asked the Minister for Social Protection when rent sup-port in line with current rent will be increased in the case of persons (details supplied); and if he will make a statement on the matter. [11008/17]

02/03/2017WRF03600Minister for Social Protection (Deputy Leo Varadkar): Under the new Private Rental Tenancies Legislation a landlord must give a minimum of 90 days written notice prior to in-creasing a tenant’s rent.

The client concerned should submit to the Department an up to date Rent Supplement ap-plication form, lease agreement and verification of this 90 days’ notice confirming any increase

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in their monthly rent. On receipt of this documentation the client’s rate of Rent Supplement entitlement can be re-assessed.


02/03/2017WRF03700Rent Supplement Scheme Applications

02/03/2017WRF03800127. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which arrears of rent are due to the landlord in the case of a person (details supplied); and if he will make a statement on the matter. [11009/17]

02/03/2017WRF03900Minister for Social Protection (Deputy Leo Varadkar): I refer the Deputy to Parliamen-tary Question No 985 of 16th February 2017, No 144 of 9th February 2016 and Parliamentary Question No 123 of 14th July 2016. The client concerned has not, to date, provided the De-partment with an up to date Rent Supplement application form confirming an increase to their monthly rent. On receipt of same, the client’s entitlement can be assessed.


02/03/2017WRF04000Labour Activation Projects

02/03/2017WRF04100128. Deputy Niall Collins asked the Minister for Social Protection his views on the Euro-pean Commission’s Country Report Ireland (details supplied) and the finding that it is difficult to draw conclusions on the effectiveness of upskilling programmes such as JobBridge, Spring-board and Momentum, due to the lack of formal, rigorous evaluation; the detail of all evaluation programmes currently in place; and if he will make a statement on the matter. [11029/17]

02/03/2017WRF04200Minister for Social Protection (Deputy Leo Varadkar): In 2015 My Department initiated a rolling, multi-annual evaluations programme, using econometric and qualitative methods, of Pathways to Work programme and process reforms. This includes large-scale annual customer satisfaction surveys. It draws upon an episodic administrative database, the Jobseekers’ Longi-tudinal Database (JLD), capturing jobseekers spells of unemployment and exits to employment, training and education, from 2004.

The two major evaluations currently under way using the JLD are the evaluation of the Intreo ‘one-stop-shop’ service for jobseekers, and of the Back to Work Enterprise Allowance (BTWEA).

As part of this evaluation programme, the JobBridge evaluation report was published in October 2016. It had 3 elements: a rigorous counterfactual impact evaluation (that used co-hort-building techniques to continuously assess impacts); a survey (response rate: 33.5% of all participants and 23.3% of all host organisations); and a cost-benefit analysis. Key findings included:

- Individuals similar to those who participated in JobBridge had a 36.6% probability of securing employment within one year, whereas the JobBridge interns’ probability of securing employment within one year increased to 48.4% (an 11.8 percentage point difference and a 32% increase in the probability of becoming employed).

- The overall economic cost-benefit analysis, taking account of increased employment and incomes, indicates a positive economic net benefit.


180

- Among interns, there was broad agreement that the internship provided them with new job skills and an opportunity to gain quality work experience. However, there was dissatisfaction with the value of the top-up payment and some aspects of the administration of the scheme.

Following publication of the evaluation in October 2016, the Minister announced his inten-tion to replace JobBridge in 2017 with a new work experience programme that better reflected the improved labour market and addressed certain criticisms of the scheme. The design of the scheme will be informed by learning from the evaluation, by proposed design principles as rec-ommended by the Labour Market Council, and by consultation with stakeholders.

In relation to Springboard and Momentum, which are operated under the aegis of the De-partment of Education and Skills there have been formal evaluations undertaken of both pro-grammes in recent years. The latest statistics for Springboard show that 80% of participants between 2011 and 2015 are no longer on the Live Register.

The above information was supplied to the European Commission during the drafting of the Country Report.

02/03/2017WRF04300Disability Activation Projects

02/03/2017WRF04400129. Deputy Niall Collins asked the Minister for Social Protection the total amount of funding allocated in each of the years 2014 to 2017 for pre-activation support for persons with disabilities in tabular form; and if he will make a statement on the matter. [11030/17]

02/03/2017WRF04500Minister of State at the Department of Social Protection (Deputy Finian McGrath): The Government is committed to increasing the share of people with disabilities working in the open labour market, given that employment plays a key role in helping to ensure economic independence and offering the best protection against poverty. To this end, the Department provides a wide range of work related supports for people with disabilities. It should be noted that these employment supports are of a voluntary nature and are tailored to individual circum-stances and a person’s capacity to engage with education, training or job-search programmes.

The Department often uses the term “activation” to describe how it engages with jobseekers in their search for work. However, it is acknowledged that not all young people with disabilities are ready to enter the work force and that an element of “pre-activation” is required as an initial step.

Budget 2017 made provision for a new pre-activation and training programme for people with disabilities. The objective of this programme is to provide support across a range of activi-ties such as the development of participant’s skills, (for example using public transport indepen-dently), work preparation, placements and sampling that would assist people with disabilities to obtain and sustain employment.

Prior to 2017, some pre-activation activities were delivered through disability activation projects (DACT), which was jointly funded by the European Social Fund (ESF) and the De-partment. However, not all DACT projects were pre-activation in nature. The following table provides details of all expenditure under the DACT programme in 2014 and 2015, on the basis that it is not possible to provide a breakdown of this spending in terms of pre-activation and other activities.

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Year Disability Activation pro-gramme (ESF Co-funded)€ million

Pre-activation programmes for people with disabilities€ million

2014 2.892015 1.662016 €0.102017 €3.00Notes:

i. Expenditure in 2016 relates to interim funding of the Providing Equal Employment Routes (PEER) project delivered by the Walkinstown Association for People with an Intellectual Dis-ability (WALK).

ii. Expenditure in 2017 is an estimate for this year and includes the Budget 2017 provision of €2 million for a pre-activation programme for people with disabilities and €1 million be-ing provided through the new ESF programme: Programme for Employability, Inclusion and Learning (PEIL) 2014-2020.

I hope this clarifies the issue for the Deputy.

02/03/2017WRF04600Programme for Government Initiatives

02/03/2017WRF04700130. Deputy Niall Collins asked the Minister for Social Protection when the pathways to work for jobless households strategy as committed to under the programme for Government will be published; and if he will make a statement on the matter. [11032/17]

02/03/2017WRF04800Minister for Social Protection (Deputy Leo Varadkar): My Department has been work-ing on the drafting of a strategy in line with commitments in Pathways to Work 2016-2020 and in the Programme for Government. In this preparation work DSP has consulted both with other relevant government Departments and with the Labour Market Council.

I hope to bring a draft for consultation with government colleagues before the relevant Cabi-net Committee towards the end of March. Subject to the outcome of that consultation and any follow-up action required I hope to publish the strategy paper before the end of May.

02/03/2017WRF04900Jobseeker’s Benefit Payments

02/03/2017WRF05000131. Deputy Bernard J. Durkan asked the Minister for Social Protection when a social welfare payment will resume in the case of a person (details supplied); and if he will make a statement on the matter. [11069/17]

02/03/2017WRF05100Minister for Social Protection (Deputy Leo Varadkar): The person concerned had been in receipt of Jobseeker’s Benefit and was requested to attend a scheduled activation meeting with her Case Officer at the local Intreo Centre on 15th February 2017. She failed to attend this meeting and, because she did not contact the office to explain her absence, she did not receive her payment. In order to have her payment issue resolved, the person concerned should contact her local Intreo Centre and explain her absence.

02/03/2017WRF05200Social Welfare Benefits Eligibility


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02/03/2017WRF05300132. Deputy Bernard J. Durkan asked the Minister for Social Protection if possible en-titlement to social welfare payment, for example, illness benefit or disability allowance deriving from self employment exists in the case of a person (details supplied); and if he will make a statement on the matter. [11071/17]

02/03/2017WRF05400Minister of State at the Department of Social Protection (Deputy Finian McGrath): Illness Benefit is an insurance based payment payable to person who satisfy certain PRSI con-tribution conditions. One of these requires that the person have at least 39 reckonable contribu-tions, either paid or credited, in the governing contribution year which, at present, is the 2015 year. According to my Department’s records the person concerned has no contributions for that year. The last contributions received were in respect of the year 2012. Illness Benefit could not therefore be paid.

I can confirm that my Department received an application for disability allowance from this lady on 30 September 2016. On 10 January 2017 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on her eligibility. No response was received and a reminder issued on 4 February 2017. No response has been received to date.

On receipt of this information a decision will be made and the person concerned will be notified of the outcome.


02/03/2017WRF05500Invalidity Pension Payments

02/03/2017WRF05600133. Deputy Pat Breen asked the Minister for Social Protection when a decision on an invalidity pension will issue to a person (details supplied); and if he will make a statement on the matter. [11079/17]

02/03/2017WRF05700Minister of State at the Department of Social Protection (Deputy Finian McGrath): The lady referred to has been awarded invalidity pension with effect from the 10 November 2016. Payment will issue to her nominated bank account on the 16 March 2017. Any arrears due from 10 November 2016 to 15 March 2017 (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The lady in question was notified of this decision on the 01 March 2017.

I hope this clarifies the matter for the Deputy.

02/03/2017WRF05800School Meals Programme

02/03/2017WRF05900134. Deputy Carol Nolan asked the Minister for Social Protection if his attention has been drawn to schools that will run out of funding for school meals in 2017; the reason for this; the number of schools affected; and if he will make a statement on the matter. [11081/17]

02/03/2017WRF06000Minister for Social Protection (Deputy Leo Varadkar): The Deputy may not be aware that funding for the school meals scheme was increased this year, as part of Budget 2017, by an additional €5.7 million (almost 14% over the previous year’s allocation) which will benefit more than 50,000 children. I want to emphasise that recent reports suggesting that funding under this scheme has reduced is not the case.

The school meals programme provides funding towards the provision of food to schools

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and organisations benefitting over 200,000 children at a total cost of some €47.7 million during 2017. For the current academic year, 2016/2017, a total of some €44 million has been allo-cated to schools under the scheme which includes an additional €2.5 million to provide further increases to DEIS schools, which are prioritised under the scheme. In addition, a further 21 DEIS schools have joined the scheme this year. Funding is now being provided to enable DEIS schools to provide breakfast for all children and lunch for the majority of children. Breakfast clubs are prioritised as they provide very positive outcomes for vulnerable children in terms of their energy levels, punctuality and school attendance.

Schools are notified in writing of their allocation at the beginning of the academic year, many of which have received significant increases over that provided in previous years, and are expected to manage within the funding provided. The issue of running out of funding should not arise as schools are responsible for operating the scheme within their allocation and to en-sure that value for money is provided.


02/03/2017WRF06100Disability Allowance Applications

02/03/2017WRF06200135. Deputy Willie Penrose asked the Minister for Social Protection the steps he will take to expedite an application for disability allowance by a person (details supplied); and if he will make a statement on the matter. [11102/17]

02/03/2017WRF06300Minister of State at the Department of Social Protection (Deputy Finian McGrath): I confirm that my Department received an application for disability allowance from this gentle-man on 16 January 2017. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.

The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circum-stances and the information they provide in support of their claim.


02/03/2017WRF06400Legislative Process RIA

02/03/2017WRF06500136. Deputy Niall Collins asked the Minister for Social Protection the legislative proposals published by his Department between 2011 to 2016 which underwent a regulatory impact as-sessment; the legislative proposals published by his Department that did not undergo a regula-tory impact assessment; and if he will make a statement on the matter. [11158/17]

02/03/2017WRF06600Minister for Social Protection (Deputy Leo Varadkar): Regulatory Impact Analyses (RIAs) are undertaken by my Department in accordance with the relevant Department of the Taoiseach guidelines on significant legislative, policy and other changes.

A Regulatory Impact Analysis is not ordinarily undertaken on the package of tax, welfare and other measures announced in the annual Budget Day Statements. As most of the Social Welfare Bills provide for the implementation of various budgetary measures, RIAs are not con-sidered necessary in relation to these measures. Social Welfare Bills also provide for a range of other miscellaneous and technical amendments to the social welfare code and these types of amendments are not considered amenable to the undertaking of a RIA.


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Two RIAs have been published by my Department in the period 2011 to 2016. One of these RIAs relates to amendments to the funding standard applying to defined benefit pension schemes, which were provided for in Part 3 of the Social Welfare and Pensions Act 2012. This RIA is available at www.welfare.ie/en/downloads/riapension.pdf.

The other RIA relates to the measures to provide for the transposition of certain aspects of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as they relate to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The amendments necessary to transpose these provisions were contained in sec-tion 19 of the Social Welfare and Pensions Bill Act. This RIA is available at www.welfare.ie/en/downloads/RIADirective2010-41-EU.pdf.

The Bills published by my Department since 2011 are set out in the following table.

Title of Bill Status RIA UndertakenSocial Welfare and Pensions Bill 2011

Enacted 29th June 2011 Not considered necessary

Social Welfare Bill 2011 Enacted 19th December 2011

Not considered necessary

Social Welfare and Pensions Bill 2012

Enacted 1st May 2012 RIA undertaken on Part 3 of the Bill

Social Welfare Bill 2012 Enacted 21st December 2012


Civil Registration (Amend-ment) Bill 2012

Enacted 26th December 2012


Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013

Enacted 28th June 2013 Not considered necessary


Enacted 9th November 2013 Not considered necessary

Social Welfare and Pensions (No. 2) Bill 2013

Enacted 25th December 2013



Enacted on 17th July 2014 RIA undertaken on section 16 of the Bill

Civil Registration (Amend-ment) Bill 2014

Enacted on 4th December 2014


Social Welfare Bill 2014 Enacted on 25th December 2014 as the Social Welfare and Pensions (No. 2) Bill 2014


Social Welfare (Miscella-neous Provisions) Bill 2015

Enacted on 6th May 2015 Not considered necessary

Gender Recognition Bill 2014

Enacted on 22nd July 2015 Not considered necessary

Social Welfare Bill 2015 Enacted on 16th December 2015 as the Social Welfare and Pensions Act 2015


Social Welfare Bill 2016 Enacted on 19th December 2016


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02/03/2017WRG00200Legislative Process RIA

02/03/2017WRG00300137. Deputy Niall Collins asked the Minister for Social Protection if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11173/17]

02/03/2017WRG00400Minister for Social Protection (Deputy Leo Varadkar): Regulatory Impact Analyses (RIAs) are undertaken by my Department in accordance with the relevant Department of the Taoiseach guidelines on significant legislative, policy and other changes.

In recent years two RIAs have been published by my Department. One of these RIAs relates to amendments to the funding standard applying to defined benefit pension schemes, which were provided for in Part 3 of the Social Welfare and Pensions Act 2012. This RIA is available at www.welfare.ie/en/downloads/riapension.pdf.

The other RIA relates to the measures to provide for the transposition of certain aspects of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as they relate to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The amendments necessary to transpose these provisions were contained in sec-tion 19 of the Social Welfare and Pensions Act 2014. This RIA is available at www.welfare.ie/en/downloads/RIADirective2010-41-EU.pdf.

It should be noted that the RIA guidelines state that the impact categories (national com-petitiveness, the socially excluded and vulnerable groups, the environment, whether there is a significant policy change in an economic market, including consumer and competition impacts, the rights of citizens, compliance burden and North-South and East-West Relations) are in-tended to be indicative only.

In respect of the provision in the Social Welfare and Pensions Act 2012, the format of the RIA was not based on the impact categories. However, a significant process of consultation was undertaken with relevant stakeholders in the pensions sector, employer representative or-ganisations and trade unions. The RIA guidelines emphasise that consultation with relevant stakeholders is recommended as such stakeholders are usually well placed to outline both the direct and indirect consequences of the implementation of proposals.

In respect of the Social Welfare and Pensions Act 2014, the RIA on the social welfare provi-sions of Directive 2010/41/EU specifically considered the categories listed below:



- The environment



- Compliance burdens

- North-South and East-West Relations.

In addition, relevant stakeholders in the farming sector and women’s representative organi-


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sations were consulted.

02/03/2017WRG00500Passport Applications

02/03/2017WRG00600138. Deputy Pat Deering asked the Minister for Foreign Affairs and Trade if copy birth certificates are acceptable for passport applications as the originals have not been returned from INIS which were submitted with asylum applications. [10810/17]

02/03/2017WRG00700Minister for Foreign Affairs and Trade (Deputy Charles Flanagan): The Passports Act, 2008 (the Act) makes provision for the regulation and issuance of passports. Under section 7(1)(b) of the Act, the Department must be satisfied as to the identity of a passport applicant before a passport can issue. An original birth certificate is a key, primary identity document to support a passport application and therefore a copy is not acceptable.

02/03/2017WRG00800Passport Services

02/03/2017WRG00900139. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade his plans to launch additional promotional campaigns in respect of the timeframe for new and renewal passport applications due to the increasing number of applications and delays occurring; and if he will make a statement on the matter. [10943/17]

02/03/2017WRG01000Minister for Foreign Affairs and Trade (Deputy Charles Flanagan): In general terms I and my Department use all available opportunities to highlight the targeted turnaround times for different categories of passport and to promote good practice including in public statements, media engagements and in the Houses of the Oireachtas. The passport portal on the website of my Department, www.dfa.ie/passport, contains comprehensive guidance and advice to ap-plicants.

Different categories of passport require different turnaround times – for example first time applications take longer than renewals because additional anti-fraud measures are involved.

The advised turnaround time for passport renewals through Passport Express is 15 working days. For first time applicants, we advise a turnaround time of 20 working days.

As a matter of good practice, we advise applicants to check the validity of their passports in advance of booking travel, to ensure passport application forms are correctly completed and any relevant additional documentation is included. Those with no immediate travel plans should allow six weeks’ for a passport application to be processed in case any difficulty arises with the application. Please note that the validity periods for children’s passports are shorter than those for adult passports. The Passport Service offers a free reminder service and we invite citizens to please register for an email reminder to ensure people are aware that they need to apply for a new passport (www.eforms.gov.ie/en/reminder/passport/).

There are different ways to apply for a passport and it is important to ensure that the correct channel is used. Applicants travelling in less than 15 working days (renewals) and 20 work-ing days (first time applicants) should make an appointment at the Passport Office in Dublin or Cork. There are a limited number of appointments available and applicants are required to show proof of travel. Appointments can be booked online (www.passport.ie).

Passport Express is the most cost effective and efficient means of applying for a passport and is available in post offices throughout Ireland.

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There is currently a high volume of passport applications in the system and the Passport Of-fice is focussed on ensuring the turnaround targets are met. In 2016, 87% of Passport Express applications were processed within these targets. There is also a link to the turnaround times on the An Post website.

A process of Passport Reform is underway and I hope to introduce a new adult online re-newal system in the near future. This will mean a more efficient service for applicants.

In the meantime I would ask that the Deputy and all Members of the Houses join with me in promoting good practice.

02/03/2017WRG01100Diplomatic Representation

02/03/2017WRG01200140. Deputy John Paul Phelan asked the Minister for Foreign Affairs and Trade his views on a recent incident at Trinity College Dublin wherein an ambassador was denied a speaking opportunity; and if he will make a statement on the matter. [11072/17]

02/03/2017WRG01300Minister for Foreign Affairs and Trade (Deputy Charles Flanagan): I deeply regret that an Ambassador accredited to Ireland, in this case the Ambassador of Israel, was unable to speak at a recent event in Trinity College.

I would hope that we can all respect the principle of free speech, including allowing a hear-ing to those we might disagree with. This goes in particular for Ambassadors in the performance of their representative duties. If we expect Irish Ambassadors to represent our interests and our values abroad, then we must extend the same courtesy and respect to other representatives here.

I do not know the precise details of what occurred, but whatever the intent of the protestors the outcome was that the College authorities, who are an autonomous body, and the student organisers of the event, felt that it could not proceed. It is entirely possible to make a protest, if that is desired, without obstructing or disrupting a legitimate meeting held by others. I have confidence in the ability of our students, and our people, to hear arguments, ask questions, and make up their own minds.

I appreciate fully that the Middle East Peace Process is an issue of great interest to people in Ireland and one which ignites animated discussion. I have myself voiced strong criticisms of some policies of the Government of Israel, and I have defended in this House the position that the BDS movement is a legitimate point of view, even if it is one I fundamentally disagree with. I hope that those who support that point of view, will recognise that others have legitimate viewpoints also, and permit them to be heard.

And I likewise believe that meetings or conferences organized to express or explore their point of view should also be respected and allowed to proceed.

The unfortunate outcome of events such as this is that Ireland’s reputation has suffered, those in Israel most sympathetic to our arguments have been dismayed, and those who are most resistant to our views have been strengthened.

02/03/2017WRG01400Legislative Process RIA

02/03/2017WRG01500141. Deputy Niall Collins asked the Minister for Foreign Affairs and Trade the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory im-pact assessment; the legislative proposals published by his Department that did not undergo a


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regulatory impact assessment; and if he will make a statement on the matter. [11153/17]

02/03/2017WRG01600142. Deputy Niall Collins asked the Minister for Foreign Affairs and Trade if regulatory impact assessments for legislative proposals published by his Department include impacts (de-tails supplied); the impact categories not included; and if he will make a statement on the mat-ter. [11168/17]

02/03/2017WRG01700Minister for Foreign Affairs and Trade (Deputy Charles Flanagan): I propose to take Questions Nos. 141 and 142 together.

Since March 2011 my Department has sponsored four items of legislation which are set out in the following table.

A regulatory impact assessment (RIA) should be prepared in relation to all proposals for primary legislation involving changes to the regulatory environment. However, most of the legislation brought forward by my Department does not impact significantly on the regulatory environment. A regulatory impact assessment was finalised in July 2016 in relation to the Dip-lomatic Relations (Miscellaneous Provisions) Bill. It was carried out in accordance with the RIA Guidelines published by the Department of the Taoiseach, including analysis of relevant costs, benefits and impacts. The RIA is available on my Department’s website at the follow-ing link: www.dfa.ie/our-role-policies/international-priorities/international-law/privileges-and-immunities/.

Name of Bill Year European Communities (Amendment) Bill 2012Thirtieth Amendment of the Constitution Bill (Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) Bill.

2012

Diplomatic Relations (Miscellaneous Provi-sions) Bill

2016

Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Bill

2017

02/03/2017WRG01800EU Funding

02/03/2017WRG01900143. Deputy Eamon Ryan asked the Minister for Public Expenditure and Reform the capi-tal projects that have secured funding from the European Investment Bank or the Juncker in-vestment fund during the lifetime of the Government. [10847/17]

02/03/2017WRG02000Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): I should be-gin by pointing out that my Department is not the lead Department in relation to EFSI or EIB matters, nor has my Department responsibility for coordinating applications for funding from EFSI or EIB, or for reporting on lending by EFSI or EIB to Ireland. However, I understand information on projects approved by EFSI, by country, is available on the website of the EIB at www.eib.europa.eu/efsi/efsi-projects/index.htm?c=IE&se.

I should also make clear that, while EIB funding may help in reducing the cost of finance for some projects, it will not increase the overall envelope available to Government for capital expenditure due to the need to continue to comply with the requirements of the Stability and Growth Pact. In that context, owing to the importance of ensuring the long-term sustainability of the public finances and the contribution of sustainable public finances to long-term growth potential, clear prioritisation of sectors and capital projects remains as the central concern in

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infrastructure planning under the review of the Capital Plan which is currently underway.

I understand that the EIB is involved in financing some projects included in the Capital Plan. The decision to avail of EIB financing for such projects is based on the expert advice of the NTMA based on the specific financial profile and characteristics of the project concerned. As such my Department does not monitor or report on the use of such financing. However, I am aware of the following projects availing of EIB financing:

- the Luas Cross City project;

- the redevelopment of Dublin Port;

- €200m support for investment in 71 Irish schools; and

- the N25 New Ross bypass.

In relation to the European Fund for Strategic Investments (EFSI), or the Juncker Fund as it is commonly referred to, this is the joint initiative of the EIB Group and the European Com-mission aimed at mobilising private financing for strategic investments, mainly through loan funding. In Ireland’s case, the main potential beneficiaries of EFSI are likely to be commer-cial investment projects, including PPPs, and indeed EFSI funding is being provided for the Primary Care Centres PPP project. There is little or no scope to use EFSI funding to increases public capital investment, due to the need to continue to comply with the requirements of the Stability and Growth Pact.

02/03/2017WRG02100Public Procurement Regulations

02/03/2017WRG02200144. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the number of breaches in public procurement rules as published by the Comptroller and Auditor General in public bodies from 2011 to date in 2017, by year, by public body, by public contract and by amount, in tabular form; and if he will make a statement on the matter. [10893/17]

02/03/2017WRG02300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): The data re-ferred to by the Deputy is reported on by the Comptroller and Auditor General (C&AG) in a number of annual reports relating to the period in question. Any such reports compiled by the C&AG are available in either published form or through their website.

Under Circular 40/02 - Public Procurement Guidelines, all procurement contracts which a Department proposes to award without a competitive process, which exceed €25,000 in value (exclusive of VAT), should be reviewed within the Department, preferably by the Internal Audit Unit or alternatively by an appropriate senior officer who is not part of the procurement process. Circular 40/02 was developed in consultation with the Comptroller and Auditor General, to obligate each Department to complete an Annual Report (signed off by the Accounting Officer) in respect of such contracts.

The State procures in the order of €12 billion in goods, works and service annually. Given the volume of expenditure, the procurement rules do allow for circumstances where it is not possible to carry out a full procurement procedure. These circumstances are provided for in the European Union and in most countries that have a developed procurement system. Currently, direct procurement without use of a competitive process is provided for under Article 32 of EU Directive 2014/24/EU. This Article lists specific cases and circumstances where it is justifiable to award public contracts by a negotiated procedure without prior publication. The cases listed in the Directive are not exhaustive and include the following:


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- Where no tenders or suitable tenders have been submitted in response to an open proce-dure or a restricted procedure. (i.e. following a procedure)

- Where only a proprietary product will meet requirements. Examples might include parts for specialist equipment such as airplanes, ships, security equipment, or certain types of soft-ware licencing arrangements;

- Where an agent, licensee or franchise holder has sole rights to supply a service or prod-uct. In general, the OGP would recommend that the purchase of such products or services be avoided but it can be unavoidable.

- Where due to extreme emergency arising from events that are unforeseeable by the Con-tracting Authority a competitive process cannot be undertaken in the normal timeframe. Such circumstances should be relatively rare. An example in this area would be where an immediate purchase must be made in order to avoid risk to persons, property or significant financial loss.

- where a change of supplier would oblige the contracting authority to acquire supplies hav-ing different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance;

- For bargain purchases or purchases under advantageous conditions, e.g. liquidation sale, creditors’ agreement, winding-up

- For supplies quoted and purchased on commodity exchanges

Such procurements do not constitute breaches of the public procurement rules. The EU Di-rectives recognises that there are situations and circumstances where direct procurement with-out a competitive process is both necessary and legitimate.

Finally, I would point out that overall responsibility for ensuring compliance with all na-tional and EU procurement rules and procedures rests with contracting or purchasing Depart-ments and public agencies.


02/03/2017WRG02500145. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the public procurement rules that are in place here; and if he will make a statement on the matter. [10894/17]

02/03/2017WRG02600Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Public Pro-curement is governed by EU and National rules and guidelines. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which deliv-ers best value for money.

The main EU Directives governing public procurement are Directive 2014/24/EU on public procurement in relation to goods, services and works and Directive 2014/25/EU which deals with procurement by entities operating in the water, energy, transport and postal services sec-tors. These Directives were transposed into Irish law by way of Statutory Instrument Nos. 284 and 286 of 2016 respectively.

The EU Directives on public procurement require that public works, supplies and service contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For works contracts the thresh-old is €5,225,000; for supplies and service contracts awarded by Government Departments the

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threshold is €135,000 and for the remainder of public bodies the threshold is €209,000. The threshold for supplies and service contracts of entities operating in utility sectors (water, energy, transport and postal) is €418,000. For contracts below these thresholds, the general require-ment is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers. In line with this, the following national rules apply to below EU threshold procurements:

- supplies or services costing less than €5,000 in value may be purchased on the basis of verbal quotes from one or more competing suppliers.

- contracts for supplies or services between €5,000 and €25,000 in value should be awarded on the basis of responses to specifications sent by fax or email to at least three suppliers or ser-vice providers.

- goods and general services with an expected value of €25,000 or more should be adver-tised on the eTenders website

It is the responsibility of each contracting authority to ensure that they comply with EU and national rules in relation to public procurement. Template Request for Tender (RFT) and con-tract documents have been developed in conjunction with the Chief State Solicitor’s Office and the Office of the Attorney General to assist contracting authorities involved in carrying out rou-tine, non-bespoke and low to medium risk procurements. These are available on the national public procurement website www.etenders.gov.ie.


02/03/2017WRG02800146. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the sanctions and penalties that are in place for breaches of public procurement rules by Govern-ment bodies; and if he will make a statement on the matter. [10895/17]

02/03/2017WRG02900Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Public Pro-curement is governed by EU and National rules. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

It is a matter for individual contracting authorities to ensure that their public procurement function is discharged in line with the standard accounting and procurement rules and proce-dures. Under Section 19 of the Comptroller and Auditor General (Amendment) Act, 1993, each Accounting Officer is personally responsible for the safeguarding of public funds and property under his or her control; for the regularity and propriety of all the transactions in each Appro-priation Account bearing his or her signature; and for the efficiency and economy of administra-tion in his or her Department.

It is the responsibility of the Government Departments and State Bodies to satisfy them-selves that they adhere to the requirements for public procurement and to make the necessary arrangements to ensure that tender processes are carried out in an appropriate manner. Ac-counting Officers in their 40/02 returns in this regard certify that appropriate national and EU procedures were followed and that the contract prices were fair and reasonable and represented best value for money. The EU Directives recognises that there are situations and circumstances where direct procurement without a competitive process is both necessary and legitimate. Such procurements while exceptional do not constitute breaches of the public procurement rules.


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Compliance with financial management rules, including public procurement, is subject to scrutiny by the internal audit function of public bodies and to external audit by the Comp-troller and Auditor General and further examination by the Public Accounts Committee.

The role of the Office of Government Procurement (OGP) is to ensure that public bodies are aware of their legal obligations from a national and EU perspective, so that they are in a position to understand the rules and procedures around public procurement. The OGP pro-vides guidance notes, documentation and a customer service function to support public bodies undertaking procurement directly themselves. It is one of the aims of the OGP to promote standardisation of procedures and practices as a way of ensuring best practice in public procure-ment. For example, standard template tender and contract documents have been developed by the OGP in conjunction with the Chief State Solicitor’s Office and the Office of the Attorney General to assist contracting authorities involved in carrying out routine, non-bespoke and low to medium risk procurements. These are available on the national public procurement website www.etenders.gov.ie.

02/03/2017WRG03000Government Expenditure

02/03/2017WRG03100147. Deputy David Cullinane asked the Minister for Public Expenditure and Reform the total amount of goods and services bought by the State from 2008 to date in 2017, by year; and if he will make a statement on the matter. [10904/17]

02/03/2017WRG03200Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): As the Depu-ty is aware, my Department is responsible for policy on allocating public funds across each area of Government spending and ensuring that expenditure is managed in line with these alloca-tions by the Government Departments and State Bodies. Within the overall allocations set by my Department, individual Ministers and their Departments allocate funds across various proj-ects and programmes and monitor performance in line with their Department’s priorities. My Department does not have the information requested by the Deputy as the expenditure data is, and will continue to be, held by the individual Government Departments and State Bodies that purchase goods, services and works.

However, based on a comprehensive data gathering and analysis conducted in the prepara-tion of the Capacity and Capability Review of Central Procurement Function by Accenture in 2012 for my Department, the Office of Government Procurement (OGP) estimates that the State’s annual procurement expenditure on goods and services (excluding works) totals ap-proximately €8.5 billion. The procurement addressable spend under the remit of the OGP and its sector partners (Health, Education, Local Government and Defence) is estimated to be in the order of €6 billion when expenditure relating to areas such as the General Medical Services Scheme, grants to Community and Voluntary bodies, interagency payments and rent on prop-erty are excluded.

Since late 2013 the Office of Government Procurement (OGP) has been engaged in a sub-stantial project to gather source data on procurement expenditure from Government Depart-ments and State Bodies and create a central data repository that will support its sourcing and policy activities. The OGP published its first report Public Service Spend and Tendering Analy-sis Report for 2013 - in March 2015 with the second report, Public Service Spend and Tender-ing Analysis Report for 2014 published in September 2016. The Public Service Spend and Tendering Analysis Report for 2014 analysed almost two-thirds of addressable expenditure (€3.9 billion) across the 16 procurement spend categories. These reports are available on the OGP website www.procurement.ie.

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02/03/2017WRG03300Public Expenditure Policy

02/03/2017WRG03400148. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if he is satisfied that all Government Departments and bodies under their aegis remain within the required expenditure and reform guidelines; and if he will make a statement on the matter. [11010/17]

02/03/2017WRG03500149. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if expenditure and reform principles will continue to remain a feature of Government policies over the next three years; and if he will make a statement on the matter. [11011/17]

02/03/2017WRG03600150. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the sectors that have most obediently adhered to expenditure and reform guidelines over the past five years; his plans to ensure reward for such compliance; and if he will make a statement on the matter. [11012/17]

02/03/2017WRG03700151. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the sectors that have not followed or have breached public expenditure and reform guidelines; the extent to which agreement can be reached with such groups in the near future; and if he will make a statement on the matter. [11013/17]

02/03/2017WRG03800152. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which public expenditure and reform will remain a feature of Government in the future; and if he will make a statement on the matter. [11014/17]

02/03/2017WRG03900159. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the degree to which he expects public expenditure constraints and reform policies effective in the context of economic recovery to be used as a basis for prudent economic development in the future; if he expects to implement innovation in this regard in the future to maximise economic benefit; and if he will make a statement on the matter. [11022/17]

02/03/2017WRG04000Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): I propose to take Questions Nos. 148 to 152, inclusive, and 159 together.

Managing the delivery of public services within budgetary allocations is a key responsibil-ity of each Minister and their Department and important measures are in place to help ensure that these budgetary targets continue to be met. My Department is in regular communication with all Departments and Offices to ensure that expenditure is being managed within the overall fiscal parameters. The drawdown of funds from the Exchequer is monitored against the pub-lished expenditure profiles. There is regular reporting to Government on these matters and in-formation in relation to voted expenditure is published monthly with the Exchequer Returns.

Total gross expenditure to end-December 2016 amounted to €56 billion which was €142 million or (0.3%) ahead of profile with 12 out of 16 Ministerial Vote Groups broadly in line or below profile. Where Vote Groups were ahead of profile this reflected specific policy decisions to allocate funds by way of Supplementary Estimate for transport infrastructure repairs, school building, capital expenditure in the Department of Jobs, Enterprise and Innovation and for a Christmas Bonus for long term social welfare recipients. The performance in 2016 indicates the commitment of Departments to manage expenditure within allocations.

As set out in Expenditure Report 2017, in the three year period since 2014, gross voted expenditure is set to have increased by 9%. Given our recent history and the impact that the economic crisis had on society, this represents a level of growth that is prudent and responsible. As we plan for further prudent growth in expenditure, the effective management of expenditure


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by Departments will remain a key priority.

Public Service Reform was a central element of the response to the challenges of recent years and remains an essential part of building for the future. A comprehensive Progress Report on the Public Service Reform Plan 2014-16 was published in April 2016. The report was sent to all Deputies and is also available at www.reformplan.per.gov.ie. We must build on this prog-ress and maintain a focus on Public Service Reform over the coming years. It is essential that targeted recruitment and investment in public services is done in tandem with further Public Service reform measures, not least as current and future demographic trends will continue to place demands on public service delivery.

In addition to overseeing the final phase of the implementation of the current Reform Plan, I have asked my Department to initiate the development of the next phase of Public Service Re-form. In this context, I can assure the Deputy that Public Service Reform remains a key priority for this Government and for the public sector.

Stable and sustainable public finances are essential if we are to provide the necessary infra-structure to encourage economic growth and job creation and continued delivery of core public services for our citizens. In this context, the Government is committed to increasing public expenditure on a sustainable basis to meet the additional costs arising from an ageing and growing population and to provide for targeted improvements in public services all within the framework of what is permissible under the EU Fiscal Rules. The expenditure allocated in the Revised Estimates Volume (REV) 2017 will support the delivery of key priorities with fund-ing provided, for example, to: additional staffing in Health, Justice and Education; progressing the Action Plan for Housing in 2017; the introduction of a new single Affordable Childcare Scheme; and a number of increases to Social Welfare rates.

As the Deputy is aware, the Capital Plan is now being reviewed to ensure that capital spend-ing is aligned with national economic and social priorities, consistent with the Programme for a Partnership Government. A key goal of the review is to focus available capital resources on investment that that can best underpin sustainable economic growth and social progress and enhance Ireland’s future growth potential.

02/03/2017WRG04100Public Sector Pay

02/03/2017WRG04200153. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform if the unions that signed up to the various agreements, including Lansdowne Road, will not be penalised as a result; and if he will make a statement on the matter. [11015/17]

02/03/2017WRG04300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): The Lansd-owne Road Agreement (LRA), provides a negotiated pathway for public service pay increas-es through a phased partial unwinding of the FEMPI measures over three years at a full year cost of €844m in 2018 and represents a considerable investment in public service remunera-tion. Those unions/associations who hold representation rights for public service grades who subscribe to collective agreements such as the Lansdowne Road Agreement attract the benefits of such agreements. Accordingly, no union that has signed up for the Lansdowne Road Agree-ment will be penalised as a result.

02/03/2017WRG04400Infrastructure and Capital Investment Programme

02/03/2017WRG04500154. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform

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the degree to which his Department can facilitate capital expenditure under various headings with particular reference to addressing infrastructural deficits, thus generating greater employ-ment and providing a basis for future economic development; and if he will make a statement on the matter. [11017/17]

02/03/2017WRG04600155. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which his Department has received communication from other Departments and bodies or agencies under their aegis seeking expenditure on such issues as the upgrade of mo-torways, new roadworks, investment in water and other items of infrastructural importance; and if he will make a statement on the matter. [11018/17]

02/03/2017WRG04700Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): I propose to take Questions Nos. 154 and 155 together.

The Capital Plan ‘Building on Recovery: Infrastructure and Capital Investment 2016-2021’ set out a €42 billion framework to address our priority infrastructure needs up to 2021. The Pro-gramme for a Partnership Government (PfPG) makes clear that the existing Capital Plan is the starting point for increased investment in priority areas into the future. The PfPG committed to seeking Oireachtas approval for an additional €4 billion in Exchequer capital investment over the period of the Plan, to be allocated to such areas as transport, broadband, health, education and flood defences, on the basis of the outcome of the mid-term review of the Capital Plan to be undertaken in early 2017.

This commitment to increased capital expenditure was subsequently increased to €5.14 bil-lion in the 2016 Summer Economic Statement (SES).

The Capital Plan is now being reviewed to ensure that capital spending is strictly aligned with national economic and social priorities, consistent with Programme for Partnership Gov-ernment objectives. The review of the Plan is being undertaken in two phases:

Phase 1 of the review is a focused examination of priorities aimed primarily at advising Government, in the context of Budget 2018, on how the additional capital funding, committed by Government, should be allocated over the remainder of the plan to 2021. This will exam-ine priority areas for investment, consistent with the objectives of the existing Capital Plan and the specific investment priorities contained in the Programme for Government.

The second phase of the review, which will begin before the end of 2017, will then as-sess and report on the framework required to underpin longer term (10-20 years) analysis of Ireland’s infrastructure planning needs. This long-term capital planning framework is intended to comprise a fundamental review of public capital infrastructural requirements into the future. In this context, the Deputy may be aware that the Taoiseach, in his recent address to the Insti-tute of European Affairs ‘Ireland at the heart of a changing European Union’ reaffirmed that the new National Planning Framework for spatial planning due to be finalised later this year will be complemented with a long-term (i.e. 10 year) capital plan.

My Department has written to all Departments initiating the review process and has sought submissions, including proposals for any of the additional capital funding available, by the end of February 2017. A public consultation will also be undertaken to inform the Review.

02/03/2017WRG04800Brexit Issues

02/03/2017WRG04900156. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he and his Department can take steps to minimise the impact of Brexit on


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the economy; and if he will make a statement on the matter. [11019/17]

02/03/2017WRG05000Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Cleary Brexit will pose significant challenges right across the economy. The Government is committed to addressing these challenges, to mitigating the impacts and to maximising the available oppor-tunities.

In the short term, the Minister for Finance and I were able to deliver a Budget for 2017 set-ting out our approach to Brexit and to building a national economic response. For the third year in succession it has been possible to increase resources for public services and infrastructure. The gross voted expenditure allocation of €58.1 billion in 2017 will be over 3 per cent higher than the 2016 allocation. Resources have been allocated towards areas that may be significantly impacted by Brexit, in particular enterprises dealing with the impact of Brexit and our regional and rural communities.

In the longer term, the design of this year’s Spending Review reflects the changed economic and fiscal context, including Brexit. Of course, while moderate and sustainable expenditure growth is planned over the medium-term, increasing and competing public service demands will mean managing expenditure will prove challenging.

The Capital Plan Building on Recovery sets out a €42 billion framework to address our priority infrastructure needs up to 2021. This plan is now being reviewed to ensure that capital spending remains strictly aligned with national economic and social priorities, consistent with Programme for Partnership Government objectives. This includes examining how available capital funds can continue to best be allocated to underpin sustainable medium-term economic growth and future growth potential, in light of recent developments since the Plan was pub-lished, including Brexit.

My Department also has responsibility for the European Structural & Investment Funds in Ireland, including two regional ERDF programmes and three EU-funded programmes with the UK: the PEACE and INTERREG programmes with Northern Ireland and the Ireland Wales programmes. These EU co-funded Programmes have a significant social and economic impact in the Irish regions. The Government remains firmly committed to the successful implementa-tion of these programmes and to successor programmes post-2020.

02/03/2017WRH00200Economic Policy

02/03/2017WRH00300157. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which those in the public and the private sectors can now benefit from the sacri-fices they made in terms of income reduction and longer working hours; the extent to which each section of the economy can expect to be fairly treated in this regard; and if he will make a statement on the matter. [11020/17]

02/03/2017WRH00400Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): The Govern-ment is committed to increasing public expenditure in a sustainable way and the Programme for a Partnership Government committed to the introduction of budgets that will involve at least a 2:1 split between investment in public spending and tax reductions. In actuality, Budget 2017 introduced a package of €1.3 billion which favours expenditure increases over revenue reduc-tions by over 3:1. This reflects the Government’s commitment to rebuilding and investing in public services and will allow expenditure to be increased to meet the additional costs arising from an ageing and growing population and to provide for targeted improvements in public services.

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Budget 2017 represents the third consecutive year in which the Government was in a posi-tion to allocate significant additional resources to public spending with a €1.9bn increase in Gross Voted Expenditure compared to 2016. This level of investment allowed for the recruit-ment of additional nurses, doctors, teachers, garda and special needs assistants which will im-prove public service delivery to citizens, it also funded the Action Plan for Housing, the new single Affordable Childcare Scheme; and a number of increases to Social Welfare rates. This is the third consecutive Budget to increase expenditure in a sustainable fashion.

For public servants, the Lansdowne Road Agreement (LRA), which provides a negotiated pathway for public service pay increases through a phased partial unwinding of the FEMPI measures at a full year cost of €844m in 2018, represents a considerable investment in public service remuneration. A comprehensive Collective Agreement of this kind allows for strong fis-cal planning, with budget allocations ring-fenced within multi-annual expenditure ceilings and pay increases taking an appropriate share of available fiscal space. This phased and sustainable programme of pay increases underpins the fiscal targets in Budget 2017 and our international commitments to a prudent fiscal policy under the Stability and Growth Pact. In addition, the Public Service Pension Reduction (PSPR) is being significantly reversed in three stages under FEMPI 2015, via substantial restoration of the PSPR cuts on 1 January 2016, 1 January 2017 and 1 January 2018. The cost of these PSPR changes is estimated at about €90 million on a full-year basis from 2018.

02/03/2017WRH00500Public Procurement Regulations

02/03/2017WRH00600158. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which public procurement can be utilised to benefit the Exchequer in a meaningful way; and if he will make a statement on the matter. [11021/17]

02/03/2017WRH00700Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Procurement reform is a key element of the Government’s overall reform programme and is aimed at deliver-ing increased value for money, more accurate and timely data and improvements in the capacity and capability of the procurement function across the public service. The fragmented procure-ment arrangements across the public service which existed prior to this facilitated amongst other things suppliers charging different public service bodies different prices for the same goods and services. This was not sustainable, as the State could not afford to continue to pur-chase works, goods and services in a manner that undermined the efficient delivery of services.

All public bodies are keenly aware of the importance of maximising the value for money achievable when procuring any commonly acquired goods or services. The central procure-ment frameworks and contracts established by the Office of Government Procurement (OGP) have been designed to optimise benefits to the public service through the strategic aggregation of its buying power.

Central procurement frameworks are targeted at securing best value for money and facilitat-ing contracting authorities to deliver services within their budgetary constraints. In this regard, public bodies are encouraged to use these frameworks arrangements. The benefits arising from these central procurement frameworks include: cash savings; administrative savings from re-duced duplication of tendering; greater purchasing expertise; improved consistency; enhanced service levels and legal certainty. It is Government policy, as set out in Circular 16/2013, that public bodies, where possible, should make use of all such central arrangements. Where public bodies choose not to utilise central procurement frameworks they should be in a position to provide a value for money justification. It should also be noted that the OGP issued Circular 10/2014 which contains initiatives aimed at facilitating SME access to public contracts.


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The State spends around €12 billion on goods, works and services each year. This repre-sents a very significant portion of overall spending and it is, therefore, essential that the public service achieves maximum value for money and operational efficiency in its approach to public procurement. Developing a strategic approach to public procurement means that the state can deliver much needed public service in a sustainable manner at a time when Exchequer resources are limited.

There is a perception that the move towards aggregation will mean that competitions will be won by larger foreign companies to the detriment of the SME Sector. While the OGP has stimulated the market, and there will obviously be more losers than winners in any competitive process, this not borne out by the facts to date. The Public Service Spend and Tendering Analy-sis Report for 2014, published by the OGP and launched by Minister of State Eoghan Murphy last September, indicates that 95% of the analysed expenditure is with firms with a base in the State and the majority of the spend analysed is with SMEs. In addition the OGP conducted an analysis of the 94 Framework Agreements it had in place last November which shows that 68% of Framework members are SMEs and 63% of the Frameworks had multiple lots, facilitating SME access.

Ireland’s procurement reform programme has been successful in establishing new structures and building momentum but, of course, more needs to be done and the OGP, in line with the Programme for Government Commitments, will continue to refine the model.

Finally, I would point out that while the main driving force behind the establishment of the OGP has been the need to deliver better value and sustainable savings for citizens, great care has been taken to ensure this is achieved in a manner that fully recognises the important role SMEs play in the Irish economy and also taking account of wider societal concerns where prac-tical and appropriate.


02/03/2017WRH00900Public Sector Staff Recruitment

02/03/2017WRH01000160. Deputy Bernard J. Durkan asked the Minister for Public Expenditure and Reform the extent to which he expects recruitment in specific vital areas of the public sector to become a policy initiative in the future; and if he will make a statement on the matter. [11023/17]

02/03/2017WRH01100Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In my role as Minister for Public Expenditure and Reform, I have overarching policy responsibility for workforce planning in the Civil Service, including recruitment.

The initiation of a recruitment campaign for any particular civil service grade is determined by such factors as identified workforce planning requirements and the need to establish priori-ties for targeted recruitment into the civil service to meet specific service and skill needs.

As the Deputy will recall in Budget 2015, it was announced that there would be a targeted programme of recruitment into the Civil Service to address service needs and a shortfall in key skills

As the Deputy will be aware a number of open graduate recruitment campaigns have been held in late 2015 and 2016 for Administrative Officer, Junior Diplomat and Trainee Auditor. There have also been open competitions for Executive Officer and Higher Executive officer for people with experience in Information and Communications Technology. Open Assistant Principal and Principal Officer competitions have also been held.

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This ongoing recruitment programme supports Action 8 of the Civil Service Renewal Plan, to “open up recruitment and promotion processes at all levels”. Under the Renewal Plan the established policy of open competition for senior management positions (Assistant Principal and higher) has been extended following a hearing at the Civil Service Arbitration Board.

I understand from the Public Appointments Service, who are the independent recruiter for the civil service, that since then in the region of 3,800 civil servants, excluding temporary assignments, have been assigned to Government departments and offices across all general service grades from open competitions. These increases would be offset by people leaving the Civil Service including retirements.

Further consideration will be given throughout 2017 to resourcing and staffing needs for the Civil Service.

Recruitment plans for the public service more generally are a matter, in the first instance, for the Minister with responsibility for each of the relevant sectors of the public service.

02/03/2017WRH01200National Archives

02/03/2017WRH01300161. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will consider establishing a consolidated mechanism for record keeping, in view of the fact that Government Departments, State agencies and the broader public service are responsible for their own off-site file storage and archiving arrangements; and if he will make a statement on the matter. [11063/17]

02/03/2017WRH01400Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): In response to the Deputy’s question, my Department is working with other Departments and the National Archives to develop a plan to improve record management within the Public Service aiming to assist in the establishment of a coherent and consistent approach to records management. Over the next three years, we will bring together a number of Departments and agencies to develop a collective approach to records management. The plan will also focus on the promo-tion of digital records management aiming to reduce the amount of paper used by Departments and agencies. My Department developed and deployed an electronic document and records management system last year. This system is being rolled out to other Departments ensuring a consistent approach to digital records management.

In the context of property rationalisation, the Commissioners of Public Works are reviewing storage requirements of Government Departments with a view to identifying potential options to meet file storage and archiving requirements in a more efficient manner into the future.

02/03/2017WRH01500Brexit Issues

02/03/2017WRH01600162. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform his Department’s role in providing financial assistance to any other Department’s Brexit unit; his consideration of the costs associated with each Department’s Brexit unit when allocating each Department’s annual budget; and if he will make a statement on the matter. [11064/17]

02/03/2017WRH01700Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Dealing with the potential impact of Brexit is a key Government priority and, as the Deputy will be aware, the Government has adopted a whole-of-Government approach to the challenges posed by Brexit, led by the Cabinet Committee on Brexit which the Taoiseach chairs and of which I am a mem-


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ber. These challenges require action both in the short-term and long-term which may have implications for Departmental expenditure allocations.

My Department is responsible for the annual Estimates process culminating in the approv-al by the Oireachtas of the allocation of resources to Departments consistent with Govern-ment priorities. Where additional resources are required to fund costs relating to Brexit units that cannot be met by reprioritisation of expenditure within existing Departmental allocations, those demands will be considered in the context of the Estimates process.

It should be noted that the Estimates for 2017 saw resources allocated towards areas that may be significantly impacted by Brexit, in particular in our regional and rural communities.

The Department of Agriculture, Food and the Marine will see an increase in its allocation of almost 9%, with, as outlined in the Expenditure Report 2017, funding for the Rural Develop-ment Programme set to rise to €601 million in 2017. The increased allocation to the Depart-ment of Agriculture, Food and the Marine also allows for continued investment in Foodwise 2025 to aid the development of Ireland’s agrifood sector.

Funding provided to the Department of Arts, Heritage, Regional, Rural and Gaeltacht Af-fairs will help fund the Action Plan on Rural Development.

Based on the objective to grow the number of jobs supported by the enterprise agencies, ad-ditional resources have been provided for Enterprise Ireland and the IDA specifically to help enterprises to deal with the impact of Brexit.

In the longer term, a sustainable approach to delivering public services and investing in infrastructure requires ongoing critical examination of spending to maximise efficiency and effectiveness and to help ensure that resources are being targeted where they are most needed. This examination is being undertaken through a Spending Review now underway. The design of this year’s Spending Review reflects the prevailing economic and fiscal context and chal-lenges.

A review of the Capital Plan is also now underway and seeks to ensure that capital spending is strictly aligned with national economic and social priorities, consistent with the Programme for a Partnership Government objectives. This includes examining how available capital funds can best be allocated to underpin sustainable medium-term economic growth and future growth potential, in light of recent developments since the Plan was published, including Brexit.

02/03/2017WRH01800Brexit Issues

02/03/2017WRH01900163. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the costs associated with his Department’s Brexit unit; the number of staff allocated to that unit; and if he will make a statement on the matter. [11065/17]

02/03/2017WRH02000Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): Brexit issues in my Department are coordinated centrally by the Department’s EU/North South/Brexit Unit. The Unit oversees Brexit work across the Department and acts as the contact point with the Department of the Taoiseach and other Government Departments. It is represented on the Inter-Departmental Group on Brexit and related groups, and supports me in my work as a member of the Cabinet Committee on Brexit. Brexit issues are also addressed by staff in relevant areas across the Department.

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02/03/2017WRH02100Legislative Measures

02/03/2017WRH02200164. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform the status of the Public Sector Standards Bill 2015; and if he will make a statement on the matter. [11070/17]

02/03/2017WRH02300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): The Public Sector Standards Bill 2015 was published on 23rd December 2015, and completed Second Stage in the Dáil on 20th January 2016. I expect that it will recommence at committee stage in the Dáil in early April with a view to enactment before the summer.

This Bill aims to significantly enhance the existing framework for identifying, disclosing and managing conflicts of interest and minimising corruption risks, to achieve a shift towards a more dynamic and risk-based system of compliance and to ensure that the institutional frame-work for oversight, investigation and enforcement is robust and effective. This Bill consoli-dates the current legislative framework governing the ethical obligations of public officials and gives effect to the recommendations of the Tribunals.

02/03/2017WRH02400Legislative Process RIA

02/03/2017WRH02500165. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the legis-lative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11157/17]

02/03/2017WRH02600166. Deputy Niall Collins asked the Minister for Public Expenditure and Reform if regula-tory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11172/17]

02/03/2017WRH02700Minister for Public Expenditure and Reform (Deputy Paschal Donohoe): I propose to take Questions Nos. 165 and 166 together.

In response to the Deputy’s questions, the following table outlines the Bills published by my Department since it was established in 2011 and indicates whether a regulatory impact as-sessment was conducted.

No. Description Regulatory Impact Assess-ment

1 Ministers and Secretaries (Amendment) Act 2011

No

2 Appropriation Act 2011 No3 Financial Emergency Mea-

sures in the Public Interest (Amendment) Act 2011

No

4 Statute Law Revision Act 2012

Yes

5 Public Service Pensions (Single Scheme and Other Provisions) Act 2012

No


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6 Ombudsman (Amendment) Act 2012

No

7 Appropriation Act 2012 No8 Houses of the Oireachtas

Commission (Amendment) (No. 2) Act 2012

No

9 Houses of the Oireachtas Commission (Amendment) Act 2013

No

10 National Lottery Act 2013 No11 Financial Emergency Mea-

sures in the Public Interest Act 2013

No

12 Ministers and Secretaries (Amendment) Act 2013

No

13 Houses of the Oireachtas (Inquiries, Privilege and Procedures) Act

No

14 Construction Contracts Act 2013

Yes

15 Appropriation Act 2013 No16 Public Service Management

(Recruitment and Appoint-ments)(Amendment) Act 2013

No

17 Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014

No

18 Protected Disclosures Act 2014

Yes

19 Freedom of Information Act 2014

Yes

20 Appropriation Act 2014 No21 Regulation of Lobbying Act

2015Yes

22 Valuation (Amendment) Act 2015

No

23 Statute Law Revision Act 2015

Yes

24 Houses of the Oireachtas (Appointments to Certain Offices) Act 2015

No

25 Financial Emergency Mea-sures in the Public Interest (Amendment) Act 2015

Yes

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26 Public Sector Standards Bill 2015

Yes

27 Appropriation Act 2015 No28 Houses of the Oireachtas

Commission (Amendment) Act 2015

No

29 Statute Law Revision Bill (No. 2) 2015

No

30 National Shared Services Office Bill

Yes

31 Appropriation Act 2016 NoThe Regulatory Impact Assessments for legislative proposals published by my Department

were outlined in the reply to PQ 9426 on 23 February, 2017:

Name of Bill / Act Website AddressProtected Disclosures Act 2014 www.per.gov.ie/wp-content/uploads/Pro-

tected-Disclosures-Bill-2013-Regulatory-Impact-Assessment.pdf

Freedom of Information Act 2014 www.per.gov.ie/wp-content/uploads/RIA-FOI.pdf

Regulation of Lobbying Act 2015 www.per.gov.ie/en/regulation-of-lobbying/Public Sector Standards Bill 2015 www.per.gov.ie/en/public-sector-standards-

bill/The factors outlined in the question were considered while conducting the regulatory impact

assessments in relation to the Protected Disclosures Act 2014, Freedom of Information Act 2014 and the Public Sector Standards Bill 2015. The regulatory impact analysis for the Regula-tion of Lobbying Act 2014 did not include the factors outlined in the question. The impact of the legislation was evaluated in terms of being fair and balanced to all parties and the disclosure of information being proportionate not giving rise to an onerous administrative burden for lob-byists.

While a formal process of regulatory impact analysis was carried out on the above men-tioned Acts, the principle of proportionate analysis and significance of the planned legislative change is always applied, and comprehensive analysis is carried out to ensure that policy op-tions are explored and alternatives considered.

02/03/2017WRH02800Cultural Policy

02/03/2017WRH02900167. Deputy Richard Boyd Barrett asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to increase funding to achieve the aims of Creative Ireland. [10804/17]

02/03/2017WRH03000Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys): The Taoiseach and I launched the Creative Ireland Programme/Clár Éire Ildán-ach 2017 – 2022 on the 8 December 2016 as the Government Legacy Programme for Ireland 2016 and as the main implementation vehicle for the priorities identified in Culture 2025/ Éire Ildánach, the draft cultural policy which I published in July 2016.


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In Budget 2017, I secured €5m to commence implementation of the Creative Ireland Pro-gramme which includes an ambitious plan to deliver 10 major initiatives by the end of this year, further details of which are available on http://creative.ireland.ie.

Budget 2017 also includes:

- an additional €5m for the Arts Council

- an additional €2m for the Irish Film Board

- increased funding for all of the National Cultural Institutions;

- an increase of €1 million for Culture Ireland;

- an additional €1 million to the Heritage Council

All of this represents real and substantial funding increases across the arts and cultural area and has been welcomed across the sector.

It re-affirms the commitment of this Government to progressively increase funding for the arts as the economy improves, as set out in the Programme for a Partnership Government.

02/03/2017WRH03100Post Office Network

02/03/2017WRH03200168. Deputy Brendan Smith asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to implement the recommendations in a report (details supplied); and if she will make a statement on the matter. [10818/17]

02/03/2017WRH03300Minister of State at the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Michael Ring): The report in question was published in January 2016 and made a number of recommendations to support the future sustainability of post offices.

Two Working Groups were established to progress the recommendations. The first Group examined issues such as the number and spatial distribution of post offices, branch modernisa-tion, the streamlining of products and services, postmaster payments and contracts, and training and qualifications for post office employees. Arising out of the Group’s work, a report was submitted to An Post for their consideration on 23 December 2016.

A separate Working Group was established to identify potential models under which the post offices could act as community hubs, especially in rural areas. This Group has completed its work and I will report to Government shortly on its findings.

02/03/2017WRH03400Arts Funding

02/03/2017WRH03500169. Deputy Brendan Griffin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the reason a facility (details supplied) in County Kerry did not qualify for capital funding; and if she will make a statement on the matter. [10873/17]

02/03/2017WRH03600Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys): The Arts and Culture Capital Scheme was considerably over-subscribed. The Department received 106 applications in total under Stream 1 and 2 seeking total funding of over €20m with eligible requests for funding totalling over €14.6m.

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A total of 56 projects were selected for funding of €9m based on the detailed selection crite-ria and eligibility requirements which were published in the Guidelines of the Scheme.

Unfortunately the application to which the Deputy refers did not attain a sufficiently high score relative to those of other projects to be offered funding. My Department has written to inform the project promoter of the Stream 3 small capital grant scheme for arts and cultural facilities which I will be announcing shortly.

02/03/2017WRH03700National Parks

02/03/2017WRH03800170. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans for the recruitment of rangers in Killarney National Park (details supplied); and if she will make a statement on the matter. [10970/17]

02/03/2017WRH03900Minister of State at the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Michael Ring): I am advised that my Department is currently working with the Public Appointments Service (PAS) to create a Conservation Ranger panel. The campaign was advertised by PAS on 11 November 2016, on www.publicjobs.ie, and was open for applica-tions until 1 December. I expect that a panel will be available shortly from which appointments will be made across the country, taking account of available financial resources to meet pay costs in the context of Government policy on public sector pay and staffing, as advised by the Department of Public Expenditure and Reform.

I am further advised that my Department has recently filled 4 permanent posts at other grades in Killarney National Park.

02/03/2017WRH04000Rural Development Plan

02/03/2017WRH04100171. Deputy Dara Calleary asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the details of the action plan for rural development; the projects that will be eligible for the scheme; if structural refurbishment of existing business premises such as bed and breakfasts will be included in the scheme; and if she will make a statement on the matter. [11117/17]

02/03/2017WRH04200Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys): The Action Plan for Rural Development was launched on 23 January this year and includes many schemes and programmes for implementation across a range of Government Departments, State agencies and other organisations over the next three years.

I assume the Deputy’s question refers to the Town and Village Renewal Scheme which comes under my Department’s remit. I have secured funding of €12 million for the scheme this year. The first phase of the scheme will be launched shortly, with a focus on improving the economic development of our towns and villages. Full details of the scheme and the applica-tion process will be made available when the scheme is launched.

As a second phase of the Town and Village Renewal scheme this year, I intend to launch a pilot project to encourage residential occupancy in rural towns and villages. This scheme will be targeted at owner-occupiers and will not be available for commercial enterprises. I do not anticipate, therefore, that bed and breakfast establishments will be included in the scheme.

This pilot will be launched separately in the second half of the year, when details of the scheme have been finalised in consultation with relevant Departments. Full details of the crite-


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ria to apply will be announced when the pilot is launched.

02/03/2017WRH04300Legislative Process RIA

02/03/2017WRH04400172. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural and Gael-tacht Affairs the legislative proposals published by her Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by her Depart-ment that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11146/17]

02/03/2017WRH04500173. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural and Gael-tacht Affairs if regulatory impact assessments for legislative proposals published by her De-partment include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11161/17]

02/03/2017WRH04600Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys): I propose to take Questions Nos. 172 and 173 together.

As I informed the House in my response to Parliamentary Question No. 284 of 23 February, my Department carried out Regulatory Impact Assessments in respect of the Amendment of the National Archives Act 1986 (October 2014) and the Implementation of De-designation Propos-als of the Review of Raised Bog Natural Heritage Area Network under the Wildlife (Amend-ment) Bill (July 2016).

The Regulatory Impact Assessments carried out in respect of these, including details of impacts, are available at:

www.ahrrga.gov.ie/app/uploads/2017/02/regulatory-impact-analysis-20-year-rule.pdf and www.ahrrga.gov.ie/app/uploads/2016/08/review-of-raised-bog-nha-network-ria-2016.pdf

Regulatory impact assessments were not undertaken in the following cases:

- Irish Film Board (Amendment) Bill 2011 (since enacted as the Irish Film Board (Amend-ment) Act 2011);

- Bille na Gaeltachta 2012/Gaeltacht Bill 2012 (since enacted as the Acht na Gaeltachta 2012/Gaeltacht Act 2012);

- Wildlife (Amendment) Bill 2012 (since enacted as the Wildlife (Amendment) Act 2012); and

- National Cultural Institutions (National Concert Hall) Bill 2015 (since enacted as the Na-tional Cultural Institutions (National Concert Hall) Act 2015).

- Heritage Bill 2016.

Finally, the European Communities (Bird and Natural Habitats) Regulations were intro-duced in 2011. These Regulations consolidated and updated the European Communities (Natu-ral Habitats) Regulations of 1997 to comprehend both existing amendments to the Regulations, as well as rulings by the European Court of Justice in relation to a number of provisions under the EU Birds and Habitats Directives. As neither the EU Directives nor the Regulations in-troduced new provisions, the draft Regulations of 2011 did not undergo a formal Regulatory Impact Analysis. My Department, did, however, consult widely on the draft Regulations, in-cluding all Government Department, bodies under their aegis, and relevant statutory bodies.

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02/03/2017WRH04700Primary Medical Certificates Applications

02/03/2017WRH04800174. Deputy Niamh Smyth asked the Minister for Health the reason a person (details sup-plied) has not been granted a primary medical certificate. [10845/17]

02/03/2017WRH04900Minister of State at the Department of Health (Deputy Finian McGrath): In order to qualify for the Revenue Commissioners’ Drivers and Passengers with Disabilities Tax Relief Scheme, an applicant must be permanently and severely disabled within the terms of the Dis-abled Drivers and Disabled Passengers (Tax Concessions) Regulations Act 1994 and be in possession of a Primary Medical Certificate. Applications for Primary Medical Certificates are processed through the Health Service Executive (HSE) Local Health Offices.

As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.

02/03/2017WRH05000Cross-Border Health Services Provision

02/03/2017WRH05100175. Deputy Michael McGrath asked the Minister for Health the status of a refund for a person (details supplied); and when payment will issue. [10776/17]

02/03/2017WRH05200Minister for Health (Deputy Simon Harris): Under the Health Act 2004, the Health Ser-vice Executive (HSE) is required to manage and deliver, or arrange to be delivered on its be-half, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The Health Service Executive operates the EU Directive on Patients’ Rights in Cross Border Healthcare in Ireland. In line with practice in other EU Member States, the HSE, through the National Contact Point (NCP) office, provides information for patients on the Cross-Border Di-rective on its website - www.hse.ie/eng/services/list/1/schemes/cbd/ - and also by phone. The principal function of the NCP (which is the mechanism specified under the Directive for the dissemination of information on the Directive by Member States) is to facilitate exchange of information for patients concerning their rights and entitlements relating to receiving healthcare in another Member State, in particular the terms and conditions for reimbursement of cost and the procedures for accessing and determining those entitlements.

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

02/03/2017WRH05300Medicinal Products Availability

02/03/2017WRH05400176. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (de-tails supplied) regarding Respreeza; and if he will make a statement on the matter. [10778/17]

02/03/2017WRH05500Minister for Health (Deputy Simon Harris): The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013.

In reaching its decision, the HSE examines all the evidence which may be relevant in its view for the decision (including the information /dossier submitted by the Company) and will take into account such expert opinions and recommendations which may have been sought by


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the HSE at its sole discretion (for example, from the National Centre for Pharmacoeconomics).

In considering an application, the HSE will also have regard to Part 1 and Part 3 of Schedule 3 of the 2013 Act. Part 3 requires the HSE to have regard to the following criteria:

1. the health needs of the public;

2. the cost-effectiveness of meeting health needs by supplying the item concerned rather than providing other health services;

3. the availability and suitability of items for supply or reimbursement;

4. the proposed costs, benefits and risks of the item or listed item relative to therapeutically similar items or listed items provided in other health service settings and the level of certainty in relation to the evidence of those costs, benefits and risks;

5. the potential or actual budget impact of the item or listed item;

6. the clinical need for the item or listed item;

7. the appropriate level of clinical supervision required in relation to the item to ensure pa-tient safety;

8. the efficacy (performance in trial), effectiveness (performance in real situations) and added therapeutic benefit against existing standards of treatment (how much better it treats a condition than existing therapies); and

9. the resources available to the HSE.

I am informed that the HSE received a request and economic dossier from the manufac-turer of Respreeza for maintenance treatment of emphysema in adults with documented severe alpha1-proteinase inhibitor deficiency.

In June of last year the HSE asked the NCPE to carry out a health technology assessment on the cost effectiveness of this treatment. The NCPE completed its assessment and made a recommendation on 9 December 2016. The NCPE determined that the manufacturer failed to demonstrate cost-effectiveness of the drug and did not recommend it for reimbursement.

A summary of the health technology assessment has been published on the NCPE website and is available at: http://www.ncpe.ie/wp-content/uploads/2016/02/NCPE-website-summary_Final.pdf .

The HSE considers the NCPE assessment, and other expert advice, as part of its decision-making process for reimbursement and is made on objective, scientific and economic grounds by the HSE in line with the 2013 Act.

The HSE has confirmed that the drug Respreeza was considered by HSE Drugs Group which did not make a recommendation for reimbursement on clinical grounds. The HSE Lead-ership team has accepted the Drugs Group recommendation of non-reimbursement.

Under the HSE statutory assessment process the HSE is required to set out a notice of any proposed decision to an applicant company. The HSE is legally required to provide at least a 28 days period (from the formal written notice of proposal) to enable the pharmaceutical com-pany to consider any such proposal not to reimburse and to make representations to the HSE if it wishes to do so. The HSE is legally required to consider any such representations in advance of a formal decision.

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Therefore as the statutory process is still on-going the Company has an opportunity to have further discussions with the HSE.

In relation to the compassionate access scheme operated by the manufacturer, CSL Beh-ring, I note and welcome the decision of the Company to extend the scheme by a further two months. However it is important to point out that the operation of such compassionate schemes is at the discretion of manufacturers. I as Minister for Health have no role in the operation of these schemes. There is no provision in Irish legislation for the approval of compassionate use programmes for specific groups of patients with an unmet medical need.

I have previously said that any attempts by manufacturers to link continued access for pa-tients already being treated with a new medicine with decisions under the statutory reimburse-ment process is both inappropriate and unethical. Manufacturers should operate such schemes in a compassionate and not a commercially-motivated manner.

My office replied directly to the Deputy setting out the position on this issue on 28 February 2017.

02/03/2017WRH05600Hospital Procedures

02/03/2017WRH05700177. Deputy Bernard J. Durkan asked the Minister for Health if assurance will be given that an orthopaedic operation on 24 March 2017 will not be postponed in the case of a person (detail supplied); and if he will make a statement on the matter. [10782/17]

02/03/2017WRH05800Minister for Health (Deputy Simon Harris): Under the Health Act 2004, the Health Ser-vice Executive (HSE) is required to manage and deliver, or arrange to be delivered on its be-half, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient’s general practitioner consider that the patient’s condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.

02/03/2017WRH05900Child Abuse

02/03/2017WRH06000178. Deputy Peadar Tóibín asked the Minister for Health the number of allegations of child abuse received by the Health Service Executive; the number of cases referred for prosecu-tion; the number of cases that were deemed to be unfounded; and the number of cases of false reporting referred for prosecution under section 5 of the Protection for Persons Reporting Child Abuse Act 1998, each year after that Act was signed into law and before the responsibility for dealing with allegations of child abuse was transferred to Tusla. [10786/17]

02/03/2017WRH06100Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service issue, this question has been referred to the HSE for direct reply.

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02/03/2017WRH06300179. Deputy Jan O’Sullivan asked the Minister for Health the HSE’s future plans for the laundry department at Our Lady of Lourdes Hospital; and if he will make a statement on the matter. [10792/17]

02/03/2017WRH06400Minister for Health (Deputy Simon Harris): In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

02/03/2017WRJ00150Nursing Home Accommodation Provision

02/03/2017WRJ00200180. Deputy Jan O’Sullivan asked the Minister for Health when construction work will commence on the redeveloped St. Mary’s Hospital and Boyne View House expansion project in Drogheda, County Louth; the overall cost of the project; the timeframe for the completion of the work; and if he will make a statement on the matter. [10793/17]

02/03/2017WRJ00300Minister of State at the Department of Health (Deputy Helen McEntee): The Capital Programme announced in January 2016 provides for the replacement and refurbishment of 90 public nursing homes across the country over the next five years. Under this Programme it is proposed to deliver a combination of a new build and refurbishment at St Mary’s Hospital and Boyne View House by 2020. This will replace existing facilities where the physical environ-ment requires significant improvement.

Significant work has been undertaken by the HSE in determining the most appropriate scheduling of projects over the period 2016 to 2021, within the phased provision of funding, to achieve compliance and registration with HIQA. All healthcare infrastructure developments, including this development, must comply with DPER guidelines and EU directives and will require a lead-in time to complete the various stages. These stages include appraisal, project brief, design feasibility, detailed design, some of which may overlap, the review of costing es-timates and finalisation of financing.

02/03/2017WRJ00350Nursing Home Accommodation Provision

02/03/2017WRJ00400181. Deputy Jan O’Sullivan asked the Minister for Health when construction work will commence on the development of a new residential care facility for older persons at St. Brigid’s complex, Ardee, County Louth; the overall cost of the project; the timeframe for the completion of the work; and if he will make a statement on the matter. [10800/17]

02/03/2017WRJ00500Minister of State at the Department of Health (Deputy Helen McEntee): I presume the Deputy is referring to St Joseph’s Hospital, as the St Brigid’s complex is a large former psy-chiatric hospital which now accommodates a variety of HSE services. The Capital Programme announced in January 2016 provides for the replacement and refurbishment of 90 public nurs-ing homes across the country over the next five years. Under this Programme it is proposed to deliver a 50 bed replacement unit at St Joseph’s Hospital, Ardee by 2021. This will replace existing facilities where the physical environment requires significant improvement.

Significant work has been undertaken by the HSE in determining the most appropriate scheduling of projects over the 5 year period from 2016 to 2021, within the phased provision of funding, to achieve compliance and registration with HIQA. All healthcare infrastructure de-velopments, including this development, must comply with DPER guidelines and EU directives and will require a lead-in time to complete the various stages. These stages include appraisal, project brief, design feasibility, detailed design, some of which may overlap, the review of cost-ing estimates and finalisation of financing.

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02/03/2017WRJ00550Hospital Appointments Status

02/03/2017WRJ00600182. Deputy Barry Cowen asked the Minister for Health the status of the case of a person (details supplied) and when the person can expect an appointment at St. James’s Hospital, Dub-lin. [10801/17]

02/03/2017WRJ00700Minister for Health (Deputy Simon Harris): Under the Health Act 2004, the Health Ser-vice Executive (HSE) is required to manage and deliver, or arrange to be delivered on its be-half, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.


02/03/2017WRJ00750Home Help Service Provision

02/03/2017WRJ00800183. Deputy Bernard J. Durkan asked the Minister for Health if post-operative home help will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [10819/17]

02/03/2017WRJ00900Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service matter it has been referred to the Health Service Executive for direct reply.

02/03/2017WRJ00950Hospital Appointments Status

02/03/2017WRJ01000184. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [10820/17]



02/03/2017WRJ01150Hospital Appointments Delays

02/03/2017WRJ01200185. Deputy Niamh Smyth asked the Minister for Health the reason a person (details sup-plied) has been waiting a significant length of time to receive a hospital appointment. [10844/17]


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02/03/2017WRJ01350Medical Card Eligibility

02/03/2017WRJ01400186. Deputy Ruth Coppinger asked the Minister for Health when he will make medical cards available to persons in receipt of domiciliary care allowance without the requirement of a means test; and if he will make a statement on the matter. [10854/17]

02/03/2017WRJ01500241. Deputy Pat The Cope Gallagher asked the Minister for Health his plans to introduce medical cards for the children of parents in receipt of domiciliary care allowance; if primary legislation is required to allow this; if so, the timeframe for its introduction; and if he will make a statement on the matter. [11113/17]

02/03/2017WRJ01600Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 186 and 241 together.

I have received permission from Government to publish the Health (Amendment) Bill 2017 which will enable the granting of full eligibility for general practitioner and other health ser-vices to all children in respect of whom a Domiciliary Care Allowance (DCA) is paid. Grant-ing a medical card to all children in respect of whom a DCA payment is made will benefit ap-proximately 9,800 children in this cohort who do not currently qualify for a medical card. The legislation will begin its passage through the Oireachtas next week and it is hoped to complete all Stages before the end of March.

The HSE is also finalising the administration processes that need to be in place so that the proposal can be implemented in a smooth and efficient manner.

02/03/2017WRJ01650Health Services

02/03/2017WRJ01700187. Deputy Brendan Griffin asked the Minister for Health the reason a person (details supplied) in County Kerry who has been formally diagnosed here and in Germany as being a sufferer of Lyme disease has not received any further contact from the HSE since November 2016 despite having informed the HSE of the positive diagnosis at that time; if he will intervene with the HSE to ensure the person receives the treatment that is required immediately; and if he will make a statement on the matter. [10868/17]

02/03/2017WRJ01800Minister for Health (Deputy Simon Harris): As this matter relates to an individual case, it has been referred to the Health Service Executive for a direct reply to the Deputy.

02/03/2017WRJ01850Health Services

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02/03/2017WRJ01900188. Deputy Brendan Griffin asked the Minister for Health the reason diagnostics here for Lyme disease appear to be at odds with those of other countries such as Germany; the measures he is taking to ensure that persons with Lyme disease are accurately diagnosed; his views on cases in which persons with Lyme disease are being told in error that they are Lyme disease negative; and if he will make a statement on the matter. [10869/17]

02/03/2017WRJ02000189. Deputy Brendan Griffin asked the Minister for Health the efforts he is making to make the public aware of the risk of Lyme disease; if he will increase public awareness of the methods of contraction, the symptoms, the treatments available and the consequences of not treating the condition; the amount the HSE spends annually on public awareness surrounding Lyme disease; and if he will make a statement on the matter. [10870/17]

02/03/2017WRJ02100Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 188 and 189 together.

Lyme disease (also known as Lyme borreliosis or LB) is an infection caused by a spiral-shaped bacterium called Borrelia burgdorferi that is transmitted to humans by bites from ticks infected with the bacteria. The infection is generally mild affecting only the skin, but can oc-casionally be more severe. Lyme disease is the commonest cause of tick-borne infection in Europe.

Lyme borreliosis can be asymptomatic or have a range of clinical presentations. Current best advice is that diagnosis should be made only after careful examination of the patient’s clinical history, physical findings, laboratory evidence and exposure risk evaluation. Exposure to ticks prior to disease manifestations is necessary for the diagnosis of Lyme borreliosis. Since an awareness or recollection of a tick-bite is not always present, however, this should not ex-clude the diagnosis of Lyme borreliosis. Later stages require the use of antibody detection tests (or advanced DNA detection techniques). Testing for Lyme Disease is undertaken in most of the larger hospitals in Ireland. In undertaking Lyme testing, it is essential that the results are interpreted in the light of the clinical condition of the patient. If the result of this initial screen is equivocal, the patient’s samples are referred to the U.K.’s Public Health England Porton Down facility which uses a two-tier system recommended by American and European authorities. This involves a screening serological test followed by a confirmatory serological test.

Some laboratories abroad do not use antibody tests like the EIA (screening ELISA test) and Western Blot and instead will use other types of tests, for example, testing for levels of a specific white blood cell (CD-57) or lymphocyte transformation tests (tests to measure how specific cells in a person’s immune system respond when exposed to antigens against Borrelia burgdorferi - the bacterium responsible for Lyme disease). These types of tests are not currently recommended by international groups such as the CDC, IDSA or BIA for a number of reasons:

1. There is not enough scientific evidence that they are suitable tests to diagnose Lyme dis-ease.

2. There is no standard method to perform and interpret these kind of tests and

3. Positive results in these kinds of tests may be due to other illnesses or conditions and not just Borrelia infection.

Since 2013, the HPSC has held an annual ‘Lyme Awareness Week’ at the beginning of the tick biting season, the purpose of which is to draw attention - particularly in the media - to Lyme disease and the ticks that can spread this disease. Lyme cases tend to appear in Ireland with greater frequency after April, hence the choice of this time of year for Lyme Awareness Week.

The literature on the HPSC website points out that campers, walkers and certain occupa-


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tional groups such as forestry workers, conservation workers, deer cullers and farmers are at particular risk of exposure to ticks (and therefore LB). That said, anyone walking or hiking in the countryside is at risk of biting ticks. The ticks responsible for LB are generally hard-bodied ticks (Ixodidae). Ixodes ticks are hosted by a wide range of mammals including deer, sheep and cows, and occasionally birds; their tiny size (less than 2mm unfed) means they can remain undetected for long periods.

Ixodes ticks are most likely to be found in:

- Shady and humid woodland clearings with grass;

- Open grassland, walking paths (especially those bordered by long grasses);

- Wooded and forested areas;

- Vegetation close to lakes and seaside beaches;

- Parkland areas; and

- Open fields and bushes.

They are present in both urban and rural environments and are active from spring to autumn.

Both the Health Protection Surveillance Centre and Tick Talk Ireland provide guidance on protection against contracting Lyme borelliosis. The best protection is to prevent tick bites, when walking in grassy, bushy or woodland areas, particularly between May and October:

- Arms and leg should be covered; wearing long trousers tucked into socks or boots, and long-sleeved shirts with cuffs fastened is advised. Shoes or boots should be worn rather than open-toed sandals.

- The use of insect repellent on clothes is recommended, or on limbs if it is not practicable to cover up. DEET or permethrin (insect repellents) can be used – advice can be obtained from pharmacies.

- Skin and clothing should be inspected for ticks every three to four hours and children’s skin and clothes checked frequently.

- Ticks should be removed as soon as they are seen attached to the skin. Further advice on tick removal can be obtained from the HPSC website.

- It is not recommended that antibiotics are given to prevent the transmission of Lyme dis-ease following a tick bite. Only if the area becomes inflamed may treatment be required; and advice should be sought from a doctor.

- People should see their doctor if they develop a rash or become unwell with other symp-toms, letting the doctor know of exposure to ticks.

Further advice can be obtained from the HPSC website (www.hpsc.ie) and the HPSC pro-duced a leaflet on “Protecting Yourself Against Tick Bites and Lyme Disease” which is available for the public to download.

A Lyme Borreliosis Sub-Committee of the Scientific Advisory Committee of the HPSC has been established to look at methods of raising awareness especially in those areas (including recreation areas) where Lyme carrying ticks can be most expected to be found. The aim of this Sub-Committee is to develop strategies to undertake primary prevention in order to mini-mise the harm caused by Lyme Borreliosis in Ireland. In addition to staff from the HPSC, the

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membership of the Sub-Committee includes specialists in Public Health Medicine, Consultants in Infectious Diseases, Clinical Microbiology, Occupational Health an Entomologist from the Parks and Wildlife Service, a representative from the Local Government Management Agency, an Environmental Health Officer, and member of Tick Talk has been invited to be the patient representative on the Sub-Committee. The initial involves a survey of laboratory methods for the diagnosis of Lyme borreliosis in Ireland, the development of Lyme borreliosis guidance for general practitioners, the publication of medical media articles to highlight diagnostics and laboratory methods relating to Lyme borreliosis available in Ireland for general practitioners, and ongoing work in drawing together the Final Report of the Sub-Committee.

02/03/2017WRJ02150Mental Health Commission

02/03/2017WRJ02200190. Deputy David Cullinane asked the Minister for Health the number of visits from the Mental Health Commission to University Hospital Waterford in each year from 2010 to date in 2017, in tabular form; and if he will make a statement on the matter. [10876/17]

02/03/2017WRJ02300192. Deputy David Cullinane asked the Minister for Health if the Mental Health Commis-sion has outlined to the HSE a shortage in therapies and therapy positions in the psychiatric unit at University Hospital Waterford. [10878/17]

02/03/2017WRJ02400193. Deputy David Cullinane asked the Minister for Health if the Mental Health Com-mission highlighted a lack of physical space in the psychiatrist position at University Hospital Waterford; the nature of the issues highlighted; and if he will make a statement on the matter. [10879/17]

02/03/2017WRJ02500Minister of State at the Department of Health (Deputy Helen McEntee): I propose to take Questions Nos. 190, 192 and 193 together.

The Mental Health Act 2001 provides that the Inspector of Mental Health Services visits, inspects and reports on every approved centre at least once every year.

Between 2010 and 2017, the Department of Psychiatry, Waterford was inspected on the fol-lowing dates:

Year Inspection date2010 22 April 20102011 16 June 20112012 25 June 2012 and 8 November 20122013 5 June 20132014 31 July 2014, 1 August 2014, 15 August

20142015 24-26 August 20152016 11-13 June 2016 and 13-14 July 20162017 24-25 January 2017The Inspector of Mental Health Services has informed the Mental Health Commission that

in both the annual inspection on 11 May 2016 and the focused Inspection on 13 July 2016 the Inspectorate highlighted the lack of therapeutic services and programmes resulting in non-compliance with Regulation 16. Both inspection reports have been published.

The Inspector also advised that there was not a shortage of therapy posts in Waterford, as there were 0.6 occupational therapist and 2.6 WTE activity nurses, but that there was a lack of


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therapeutic services and programmes and recreational activities provided rather than staffing difficulties.

The following outlines the actions taken in respect of therapeutic services and programmes since that time:

- Local Quality and Safety Committee has been established to provide oversight and gov-ernance of the therapeutic programme in the DOP;

- A Senior Occupational Therapist has been appointed in the DOP and will act as co-ordi-nator of the therapeutic programme in the DOP;

- A therapeutic programme is now in place in the DOP which reflects the recovery ethos and includes input from all of the multi-disciplinary team with copies of programmes available for all service users;

- Senior Occupational Therapist provides for ongoing review of the therapeutic programme and timetable to ensure programme is meeting service user needs;

- All service users now have a timetable of daily therapeutic activities to choose from across a range of multi-disciplinary activities incl. mindfulness, stress management, art, recov-ery workshops, preparation for discharge, health and fitness related activities etc; and

- The weekly multidisciplinary meetings are now inclusive of a forum for service users to provide feedback and thereby creating opportunities to continually improve and develop the therapeutic services available.

With regard to the physical space of the Psychiatry Department, the Inspector noted, in the 2016 reports, that no provision had been made for dedicated dining, visiting, recreational or communal social facilities for residents.

The Mental Health Commission considered that the HSE’s original proposed programme of works would not have addressed these issues. The HSE has now made representations to the Commission detailing how they intend to address the points above, including a revised pro-gramme of works with associated timelines.

Discussions are ongoing between the Mental Health Commission and the HSE. As Minister I am continuing to closely monitor the situation in Waterford and the issues raised by the Mental Health Commission, in conjunction with my Department and the HSE, to ensure that all neces-sary corrective actions are taken.

02/03/2017WRJ02550Hospital Staff Data

02/03/2017WRJ02600191. Deputy David Cullinane asked the Minister for Health the number of vacant posts at the department of psychiatry at University Hospital Waterford, by post and grade; the length of time the posts are vacant; when they will be filled; and if he will make a statement on the mat-ter. [10877/17]

02/03/2017WRJ02700Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service issue, this question has been referred to the HSE for direct reply.


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02/03/2017WRJ02850Hospital Services

02/03/2017WRJ02900194. Deputy David Cullinane asked the Minister for Health if University Hospital Wa-terford has furnished the South-South West Hospital Group with proposals to deploy a mobile catheterisation laboratory for the hospital; if it has been given attention by the hospital group; and if he will make a statement on the matter. [10880/17]

02/03/2017WRJ03000195. Deputy David Cullinane asked the Minister for Health the cost of deployment of a mobile catheterisation laboratory to University Hospital Waterford; the body that will cover the costs; and if he will make a statement on the matter. [10881/17]

02/03/2017WRJ03100196. Deputy David Cullinane asked the Minister for Health the times and days it is planned a mobile catheterisation laboratory will be deployed in County Waterford; and if he will make a statement on the matter. [10882/17]

02/03/2017WRJ03200Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 194 to 196, inclusive, together.

I have asked the HSE to respond to you directly in relation to your specific queries on the operation of mobile cath labs.

02/03/2017WRJ03250Home Help Service Data

02/03/2017WRJ03300197. Deputy David Cullinane asked the Minister for Health the number of home help hours provided by the HSE for each of the years from 2011 to 2016, by county, in tabular form; and if he will make a statement on the matter. [10883/17]

02/03/2017WRJ03400199. Deputy David Cullinane asked the Minister for Health the number of home help hours provided by the HSE in Waterford city and county for each of the years from 2011 to 2016, in tabular form; and if he will make a statement on the matter. [10885/17]

02/03/2017WRJ03500Minister of State at the Department of Health (Deputy Helen McEntee): I propose to take Questions Nos. 197 and 199 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

02/03/2017WRJ03550Speech and Language Therapy

02/03/2017WRJ03600198. Deputy David Cullinane asked the Minister for Health the number of filled speech and language and occupational therapist positions in place to assist children with complex needs for each of the years from 2011 to 2016, by county, in tabular form; and if he will make a statement on the matter. [10884/17]

02/03/2017WRJ03700200. Deputy David Cullinane asked the Minister for Health the number of filled speech and language and occupational therapist positions in place to assist children with complex needs in County Waterford for each of the years from 2011 to 2016, in tabular form; and if he will make a statement on the matter. [10886/17]

02/03/2017WRJ03800Minister of State at the Department of Health (Deputy Finian McGrath): I propose to take Questions Nos. 198 and 200 together.


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The Government is committed to providing services and supports for people with disabili-ties which will empower them to live independent lives, provide greater independence in ac-cessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.



02/03/2017WRJ04050National Children’s Hospital Expenditure

02/03/2017WRJ04100201. Deputy David Cullinane asked the Minister for Health the original costs approved by his Department in respect of the national children’s hospital; the projected costs as they stand today; the reason for any variation; and if he will make a statement on the matter. [10887/17]

02/03/2017WRJ04200Minister for Health (Deputy Simon Harris): The project to develop the new children’s hospital is an extraordinary opportunity to enhance paediatric services for children. The Gov-ernment decision in 2012 to locate the hospital on St James’s Hospital campus was made in the best interests of children from a clinical perspective. St. James’s has the broadest range of na-tional specialties of all our acute hospitals, in addition to a strong and well-established research and education infrastructure, making it the hospital that best meets the criteria to enable the children’s hospital achieve our vision of excellence in modern paediatric practice.

A major milestone was achieved in this long awaited, much needed project when An Bord Pleanála granted planning permission in April 2016 to build a state of the art hospital on a campus shared with St. James’s Hospital, together with two Paediatric Outpatients and Urgent Care centres at Tallaght Hospital and Connolly Hospital. The first phase of construction (site clearing works) on the site of the new children’s hospital began in August 2016 and will be substantially completed within a matter of weeks.

The previous Government committed to making €200m available from the sale of the Na-tional Lottery for the new children’s hospital, adding to the existing €450m Exchequer funding and underlining the Government’s commitment to the project. The cost estimate for the core construction elements of the new children’s hospital and the Paediatric Outpatients and Urgent Care centres at Tallaght and Connolly Hospitals was prepared in early 2014. This estimate of €650m was prepared at a time when annual construction inflation predicted at 3% per annum.

The National Paediatric Hospital Development Board was appointed in 2013 to design, build and equip the new children’s hospital. An internationally recognised design team sup-ported by an experienced Board and Project Team are in place, have followed best international design, planning and procurement process at each stage of the project. The Project Team, dur-ing the design, planning and tendering phases, has constantly monitored the external environ-ment – tracking construction inflation and market costs.

The recently concluded tendering process for the main construction works determined the actual market cost of the construction elements of the project. Due to annual construction infla-tion rising from 3% in 2013 to more than 9% in 2017 and the lengthened project timeline in the planning, design and procurement process, the cost of the core construction of the hospital and

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Paediatric Outpatients & Urgent Care Centres has increased from the original estimate. The increase reflects the increasing volume of activity in the Irish construction industry which is having a significant impact on construction inflation.

The updated capital costs have now been incorporated into the Final Project Brief, and were submitted to the HSE for review. The HSE has now submitted the Final Project Brief to the Department of Health. While I am not in a position to comment on updated costs at this stage, I intend to bring a Memorandum to Government in the coming weeks on the new children’s hospital. Full details of the costs will be set out in the Memorandum for Government.

02/03/2017WRJ04250Hospital Accommodation Provision

02/03/2017WRJ04300202. Deputy David Cullinane asked the Minister for Health his plans to open prefabs at acute hospitals to ease emergency room pressures; and if he will make a statement on the mat-ter. [10888/17]

02/03/2017WRJ04400Minister for Health (Deputy Simon Harris): As the Deputy may be aware, the Winter Ini-tiative Plan which the HSE launched in September last year, provided €40 million of additional funding for winter preparedness and to manage the expected surge in demand for hospital care in an integrated way across Primary, Acute and Social Care.

As part of this the HSE put in place a National Framework for the provision of temporary alternative accommodation, as just one part of a broad range of measures undertaken to allevi-ate pressure on our Emergency Departments. Under the Framework, the HSE has advised that consideration will be given to managed temporary patient accommodation solutions which are staffed. The next stage will be for a mini-tender to be conducted to request proposals in relation to temporary patient accommodation solutions.

This year’s gross budget for the Health Sector is in excess of €14 billion and represents an increase of almost half a billion compared to the 2016 allocation. The additional funding secured will continue to ease the pressure on the Health Service to provide the optimum level of safe services for patients within the budgetary limits. In addition to increasing capacity by providing additional financial resources to the public health system over the last two years, this Government has also demonstrated its commitment to increasing bed capacity in the public hospital system. Under the Winter Initiative, funding has been provided to open around 100 extra acute beds this year; of these 90 are already open.

So far, the Winter Initiative has also delivered a reduction in delayed discharges nationally from a high of 659 earlier in 2016 to 517 as of this week, freeing up hospitals beds to alleviate ED pressures, aids and appliances to over 4,250 patients, as well as almost 1,050 additional home care packages and 615 additional transitional care beds approvals, all enabling patients to be discharged from hospital sooner.

There is a commitment in the Programme for a Partnership Government regarding the con-duct of a bed capacity review in the public health system. This review is already under way. It will be comprehensive with a wider scope than previous reviews, which focused on bed capac-ity in acute hospitals only.

Hospital Beds Data

02/03/2017WRK00200203. Deputy David Cullinane asked the Minister for Health the number of beds the HSE


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plans to open in prefabs at acute hospitals, by hospital; and if he will make a statement on the matter. [10889/17]

02/03/2017WRK00300Minister for Health (Deputy Simon Harris): As the Deputy may be aware, the Winter Ini-tiative Plan which the HSE launched in September last year, provided €40 million of additional funding for winter preparedness and to manage the expected surge in demand for hospital care in an integrated way across Primary, Acute and Social Care.

As part of this the HSE put in place a National Framework for the provision of temporary alternative accommodation, as just one part of a broad range of measures undertaken to allevi-ate pressure on our Emergency Departments. Under the Framework, the HSE has advised that consideration will be given to managed temporary patient accommodation solutions which are staffed. The next stage will be for a mini-tender to be coordinated in the coming weeks to re-quest proposals in relation to temporary patient accommodation solutions.

Decisions in relation to the opening of temporary alternative accommodation in specific locations will be made based on the outcome of this procurement process and the submissions made by hospitals and hospital groups.

This year’s gross budget for the Health Sector is in excess of €14 billion and represents an increase of almost half a billion compared to the 2016 allocation. The additional funding secured will continue to ease the pressure on the Health Service to provide the optimum level of safe services for patients within the budgetary limits. In addition to increasing capacity by providing additional financial resources to the public health system over the last two years, this Government has also demonstrated its commitment to increasing bed capacity in the public hospital system. Under the Winter Initiative, funding has been provided to open around 100 extra acute beds this year; of these 90 are already open.

So far, the Winter Initiative has also delivered a reduction in delayed discharges nationally from a high of 659 earlier in 2016 to 517 as of this week, freeing up hospitals beds to alleviate ED pressures, aids and appliances to over 4,250 patients, as well as almost 1,050 additional homecare packages and 615 additional transitional care beds approvals, all enabling patients to be discharged from hospital sooner.

There is a commitment in the Programme for a Partnership Government regarding the con-duct of a bed capacity review in the public health system. This review is already underway. It will be comprehensive with a wider scope than previous reviews, which focused on bed capac-ity in acute hospitals only.

Hospitals Expenditure

02/03/2017WRK00400204. Deputy David Cullinane asked the Minister for Health if the HSE has costed the provision of beds in prefab units at acute hospitals; the details of the costings; the comparison with a bed in an acute hospital ward; and if he will make a statement on the matter. [10890/17]

02/03/2017WRK00500Minister for Health (Deputy Simon Harris): The HSE has put in place a National Frame-work for the provision of temporary alternative accommodation, as just one part of a broad range of measures undertaken under the Winter Initiative Plan 2016-2017. Under the Frame-work, the HSE has advised that consideration will also be given to managed temporary patient accommodation solutions which are staffed. The next stage will be for a mini-tender to be coordinated in the coming weeks to request proposals in relation to temporary patient accom-modation solutions.

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Decisions in relation to the opening of temporary alternative accommodation in specific locations and information on associated costs will be made based on the outcome of this pro-curement process and the submissions made by hospitals and hospital groups.

Hospital Staff Recruitment

02/03/2017WRK00600205. Deputy David Cullinane asked the Minister for Health the additional staff that will be hired to work in any additional acute hospital beds in prefabs being considered by the HSE; and if he will make a statement on the matter. [10891/17]

02/03/2017WRK00700Minister for Health (Deputy Simon Harris): The HSE has put in place a National Frame-work for the provision of temporary alternative accommodation, as just one part of a broad range of measures undertaken under the Winter Initiative Plan 2016-2017. Under the Frame-work, the HSE has advised that consideration will also be given to managed temporary patient accommodation solutions which are staffed. The next stage will be for a mini-tender to be coordinated in the coming weeks to request proposals in relation to temporary patient accom-modation solutions.

Decisions in relation to the opening of temporary alternative accommodation in specific locations and associated staffing requirements will be made based on the outcome of this pro-curement process and the submissions made by hospitals and hospital groups.

Hospital Accommodation Provision

02/03/2017WRK00800206. Deputy David Cullinane asked the Minister for Health his plans to open a prefab at University Hospital Waterford, UWH, to provide additional beds at the hospital; and if he will make a statement on the matter. [10892/17]

02/03/2017WRK00900Minister for Health (Deputy Simon Harris): As the Deputy may be aware, the Winter Ini-tiative Plan which the HSE launched in September last year, provided €40 million of additional funding for winter preparedness and to manage the expected surge in demand for hospital care in an integrated way across Primary, Acute and Social Care.

As part of this the HSE put in place a National Framework for the provision of temporary alternative accommodation, as just one part of a broad range of measures undertaken to allevi-ate pressure on our Emergency Departments. Under the Framework, the HSE has advised that consideration will be given to managed temporary patient accommodation solutions which are staffed. The next stage will be for a mini-tender to be coordinated in the coming weeks to re-quest proposals in relation to temporary patient accommodation solutions.

It is open to hospitals to submit applications within the guidelines as set out in this Frame-work.

Nursing Staff Data

02/03/2017WRK01000207. Deputy David Cullinane asked the Minister for Health the number of full-time equiv-alent nursing positions in place in each acute hospital for each of the years 2011 to 2016 and to date in 2017; and if he will make a statement on the matter. [10896/17]

02/03/2017WRK01100Minister for Health (Deputy Simon Harris): In relation to the particular query raised, as


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this is a service matter, I have asked the HSE to respond to you directly.

Hospital Staff Data

02/03/2017WRK01200208. Deputy David Cullinane asked the Minister for Health the total number of vacant posts at acute hospitals here, by profession, grade, duration of vacancy and hospital; and if he will make a statement on the matter. [10897/17]

02/03/2017WRK01300Minister for Health (Deputy Simon Harris): In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

Hospital Staff Data

02/03/2017WRK01400209. Deputy David Cullinane asked the Minister for Health the number of vacant posts at University Hospital Waterford, UHW, by post, grade and duration of vacancy; and if he will make a statement on the matter. [10898/17]


Hospital Beds Data

02/03/2017WRK01600210. Deputy David Cullinane asked the Minister for Health the total number of acute hos-pital beds operational from 2008 to 2017, by year and by hospital; and if he will make a state-ment on the matter. [10905/17]


Hospital Beds Data

02/03/2017WRK01800211. Deputy David Cullinane asked the Minister for Health the total number of hospital beds closed in acute hospitals in 2016, by hospital; and if he will make a statement on the mat-ter. [10906/17]


Hospital Appointments Status

02/03/2017WRK02000212. Deputy Martin Ferris asked the Minister for Health when a person (details supplied) will receive appropriate inpatient treatment at a facility suitable for children. [10949/17]

02/03/2017WRK02100Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service issue, this question has been referred to the HSE for direct reply.

Services for People with Disabilities

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02/03/2017WRK02200213. Deputy John McGuinness asked the Minister for Health if consideration will be given to putting in place a personalised budget plan to cover the cost of care of a person (details supplied); the actions that were taken by the HSE arising from the Ombudsman report of 2012; if the plan being developed by the HSE will include adequate supports for the person’s parents and an overall seamless delivery of every service required; and if he will make a statement on the matter. [10954/17]

02/03/2017WRK02300Minister of State at the Department of Health (Deputy Finian McGrath): The Govern-ment is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the servic-es they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy’s question relates to an individual case, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Health Services Provision

02/03/2017WRK02400214. Deputy John McGuinness asked the Minister for Health if home support and care will be provided to a person (details supplied). [10955/17]

02/03/2017WRK02500Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Aids and Appliances Provision

02/03/2017WRK02600215. Deputy John McGuinness asked the Minister for Health if a stroller will be provided for a person (details supplied). [10957/17]

02/03/2017WRK02700Minister for Health (Deputy Simon Harris): As this is a service matter, it has been re-ferred to the HSE for reply to the Deputy.

HSE Staff

02/03/2017WRK02800216. Deputy John McGuinness asked the Minister for Health if he will request a report from Portlaoise hospital relative to the case of a person (details supplied); and if an external in-dependent review will be carried out of the issues concerning the person’s treatment. [10958/17]

02/03/2017WRK02900Minister for Health (Deputy Simon Harris): It is noted that the matter raised by the Dep-uty relates to a person’s employment and the individual’s treatment as a HSE employee. As set out in the Health Acts the Minister for Health has no direct role in addressing such employment matters. The Acts specify that the HSE appoints persons to be its employees. It determines the duties, terms and conditions of employment of employees.

However, having regard to the matter raised by the Deputy I have asked the Office of the Director of National HR in the HSE to ensure that it is satisfied that the individual mentioned has been treated fairly and in accordance with the appropriate policies and procedures as set out in the HSE Employee Handbook 2016 - 2017. The Office has been requested to respond to my


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Department within the next 4 weeks.

Health Services Provision

02/03/2017WRK03000217. Deputy Denise Mitchell asked the Minister for Health the reason for the decision to remove the public nurse from Ballymun; and the services that are now in place to carry out development examinations of toddlers at various stages. [10984/17]

02/03/2017WRK03100Minister for Health (Deputy Simon Harris): As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.

Hospital Appointments Administration

02/03/2017WRK03200218. Deputy Denise Mitchell asked the Minister for Health the number of inpatient and outpatient did not attends at Beaumont Hospital for the years 2013, 2014, 2015 and to date in 2017, in tabular form; and if he will make a statement on the matter. [10985/17]


Hospitals Data

02/03/2017WRK03400219. Deputy Denise Mitchell asked the Minister for Health the number of theatres opera-tional at Beaumont Hospital for each of the years 2011 to 2015 and to date in 2017; and if he will make a statement on the matter. [10986/17]


Hospitals Capital Programme

02/03/2017WRK03600220. Deputy Denise Mitchell asked the Minister for Health the capital projects agreed and funded at Beaumont Hospital; the details and overview of each project; and if he will make a statement on the matter. [10987/17]

02/03/2017WRK03700221. Deputy Denise Mitchell asked the Minister for Health the cost of each capital project funded by the HSE and-or his Department at Beaumont Hospital for each of the years 2009 to 2015 and to date in 2017; and if he will make a statement on the matter. [10988/17]

02/03/2017WRK03800Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 220 and 221 together.

My Department has not funded any capital project at Beaumont Hospital. As the HSE is responsible for the delivery of health care infrastructure projects, the Executive has been re-quested to reply directly to you in relation to the approved projects it has funded at Beaumont Hospital for each of the years 2009 to 2016 and to date in 2017.

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Hospitals Policy

02/03/2017WRK03900222. Deputy Denise Mitchell asked the Minister for Health the number of times the full capacity protocol was initiated at Beaumont Hospital in each of the years 2011 to 2015 and to date in 2017; and if he will make a statement on the matter. [10989/17]


State Claims Agency

02/03/2017WRK04100223. Deputy Clare Daly asked the Minister for Health further to Parliamentary Questions Nos. 214 and 215 of 15 February 2017, if the table supplied as part of the response to that question relates to the actuarial estimated damages spend under the heading “maternity cases” or relates to the actuarial estimated spend on damages across the entire health service (details supplied). [10992/17]

02/03/2017WRK04200Minister for Health (Deputy Simon Harris): The table provided in PQ reply No. 207 of 8 February showed, for the Clinical Indemnity Scheme, the annual actuarial estimates/predic-tions of the likely total cost of the Scheme for the years 2014 - 2016. The actuarial estimates/predictions do not separately break out the estimated/predicted costs of maternity cases as a subset of total costs, but rather, they refer to the overall estimated/predicted cost of the Scheme, to include all clinical negligence cases across the range of clinical specialties. Similarly the table in reply to questions 214 and 215 related to the annual actuarial estimates/predictions of the likely total cost of the Clinical Indemnity Scheme for the years 2009 - 2013. Total costs include damages, experts’ and legal costs.

Community Care

02/03/2017WRK04300224. Deputy Eugene Murphy asked the Minister for Health the cost per person to ac-commodate a person on a weekly basis in the community nursing unit in Creagh, Ballinasloe, County Galway; and if he will make a statement on the matter. [10994/17]

02/03/2017WRK04400Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service matter it has been referred to the Health Service Executive for direct reply.

02/03/2017WRL00100Written Answers Nos. 226-248

02/03/2017WRL00150Dental Services Provision

02/03/2017WRL00200226. Deputy Bernard J. Durkan asked the Minister for Health if dental benefit is avail-able in the case of a person (details supplied); and if he will make a statement on the matter. [11005/17]

02/03/2017WRL00300Minister for Health (Deputy Simon Harris): As this is a service matter it has been re-ferred to the HSE for reply to the Deputy.


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02/03/2017WRL00350Hospital Waiting Lists

02/03/2017WRL00400227. Deputy Robert Troy asked the Minister for Health to set out the status of surgery for a person (details supplied); and if he will make a statement on the matter. [11067/17]

02/03/2017WRL00500Minister for Health (Deputy Simon Harris): Under the Health Act 2004, the Health Ser-vice Executive (HSE) is required to manage and deliver, or arrange to be delivered on its be-half, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.


02/03/2017WRL00550National Children’s Hospital Location

02/03/2017WRL00600228. Deputy Brendan Smith asked the Minister for Health if he will have the issues raised in correspondence (details supplied) and similar concerns expressed by persons regarding the provision of the new national children’s hospital considered; and if he will make a statement on the matter. [11074/17]

02/03/2017WRL00700Minister for Health (Deputy Simon Harris): The project to develop the new children’s hospital is an extraordinary opportunity to enhance paediatric services for children. The Gov-ernment decision in 2012 to locate the hospital on St James’s Hospital campus was made in the best interests of children from a clinical perspective. St. James’s has the broadest range of na-tional specialties of all our acute hospitals, in addition to a strong and well-established research and education infrastructure, making it the hospital that best meets the criteria to enable the children’s hospital achieve our vision of excellence in modern paediatric practice.

As announced in June 2015, the Coombe Women and Infants University Hospital will re-locate to the campus in time, achieving tri-location of adult, paediatric and maternity services. Tri-location has benefits for children, adolescents, newborns and mothers. In all cases, the benefits of tri-location are maximised where the adult hospital provides the broadest possible range of clinical sub-specialties and expertise, which are readily accessible for paediatric and maternity patients on the shared campus. Also, tri-location that delivers the most significant breadth and depth of clinical and academic research on site will enhance the potential of re-search to drive best clinical outcomes.

Furthermore, excellence in modern paediatric practice cannot be achieved without an em-bedded culture of, and focus on, research, education and innovation. More than a hospital, the new children’s hospital and satellite centres will be a research-intensive academic healthcare institution. To deliver this vision, the main facilities for research and innovation will be located at the Children’s Research and Innovation Centre on the St James’s campus. This facility will be located adjacent to the existing Institute of Molecular Medicine, a cross university facility which delivers both undergraduate and postgraduate education and has a strong research plat-form in cancer, infection and immunity and neurosciences. This direct adjacency reflects one of the many and significant opportunities being leveraged by co-locating on the campus with St James’s Hospital, with its rich history in clinical research. Clinical management and research staff at the new children’s hospital will be able to study, evaluate, and improve the healthcare

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services provided to children and young people in Ireland.

A major milestone was achieved in this long awaited, much needed project when An Bord Pleánala granted planning permission in April 2016 to build a state of the art hospital on a campus shared with St. James’s Hospital, together with two Paediatric Outpatients and Urgent Care centres at Tallaght Hospital and Connolly Hospital. The first phase of construction (site clearing works) on the site of the new children’s hospital began in August 2016 and will be substantially completed within a matter of weeks.

I wish to again reassure parents and families that the plans and design for the hospital recog-nise the need of most families to access the hospital by car, while noting that the campus is better served by public transport than any other hospital in the country. In relation to parking, as approved by an Bord Pleanála, the plans for the new children’s hospital provide for 1,000 car parking spaces, of which 675 will be dedicated for use by families, three times the number currently available at the three Dublin children’s hospitals combined. Parents will be able to reserve their space ahead of arriving at the hospital. The National Paediatric Hospital Develop-ment Board, the statutory body responsible for planning, designing, building and equipping the new children’s hospital has confirmed that this level of parking provision will facilitate 100% car parking provision for inpatient, daycase and emergency attendances, and 65 car parking provision for outpatient attendances. The car parking stock and appointment schedules will be actively managed to ensure that all patients wishing to avail of parking will be facilitated. In addition, a condition of the planning permission granted by An Bord Pleanála is that a minimum of 20 spaces be marked and designated as ‘parent and child’ spaces and reserved for parents of children with specific needs (equipment etc.) and there will also be 27 specific car parking spaces provided for emergency drop-off parking.

In relation to access to the site, the planning application included a traffic management and traffic mobility plan for the construction and operational phase which was endorsed by the National Transport Authority and Dublin City Council. A 10-day oral hearing took place in De-cember 2015 in which traffic evidence was presented in detail and allowed for cross questioning by those who had concerns. Planning permission was granted in April 2016 without change to the proposed traffic and mobility plan. An Bord Pleanála’s inspector’s report, which includes assessment and recommendations in relation to traffic impact at construction and operational stages, can be found at http://www.pleanala.ie/documents/reports/PA0/RPA0043.pdf.

02/03/2017WRL00750Medical Card Applications

02/03/2017WRL00800229. Deputy Peter Burke asked the Minister for Health further to his visit to a hostel (de-tails supplied) when a house medical card will be issued; and if he will make a statement on the matter. [11075/17]

02/03/2017WRL00900Minister for Health (Deputy Simon Harris): A person who is in receipt of a medical card must register with a General Practitioner. If they move temporarily from their official postal address, and are resident in a place not ordinarily served by their medical card GP, they will be regarded as a “temporary resident” and can avail of medical services with any GP registered to provide GMS services.

The question of a person submitting a change of doctor request may arise if the cardholder intends to relocate to a new area for longer than three months and/or on a permanent basis.

Following my recent visit, the Health Service Executive has been asked to examine the ma-ter of a “house” medical card and to reply to the Deputy as soon as possible.


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02/03/2017WRL00950Nursing and Midwifery Board of Ireland

02/03/2017WRL01000230. Deputy Peter Burke asked the Minister for Health to outline the reason for the delay in responding to a person returning to County Westmeath from Australia in respect of registra-tion (details supplied). [11077/17]

02/03/2017WRL01100Minister for Health (Deputy Simon Harris): The question raised by the Deputy relates to registration with the Nursing and Midwifery Board of Ireland (NMBI) which maintains a register of nurses eligible to practise in Ireland. Prior to registration, persons must have their qualifications assessed to determine if they meet the reference standards for Nursing in Ireland, described in the Requirements and Standards for Nurse Registration Education Programmes (NMBI, 2005): www.nmbi.ie/nmbi/media/NMBI/Requirements-and-Standards-for-Nurse-Registration-Education-Programmes-3rd-Ed.pdf?ext=.pdf).

The NMBI has advised that the applicant in question applied for registration in the General Nurse Division of its Register in February 2016. She submitted certain documents herself and other documents had to be sent directly from her training institution & registration authority; the latter were not received until late June 2016. Her file was then assessed and further information on her professional training was requested and immediately provided by her. I understand from the NMBI that, due to an administrative oversight, the further assessment of the application was not undertaken. I am advised that the Director of Registration has contacted the applicant to apologise for the administrative oversight. A decision will be issued to the applicant this week.

The NMBI have confirmed that process improvements have been introduced in the Regis-tration Department to ensure that this type of administrative error does not occur again.

02/03/2017WRL01150Home Help Service Provision

02/03/2017WRL01200231. Deputy Brendan Smith asked the Minister for Health to outline his plans to have home help hours provided on a demand led basis; if his attention has been drawn to the consid-erable delays that can occur in having home help hours put in place following approval depend-ing on the availability of resources; his views on the fact that when a person is deemed to need home help hours, there should be no delay in having such a service provided and that in many instances home help can reduce demands on other aspects of the health services; and if he will make a statement on the matter. [11078/17]

02/03/2017WRL01300Minister of State at the Department of Health (Deputy Helen McEntee): Homecare is an increasingly important part of the supports we offer to older people, and will continue to increase in importance into the future, as our ageing population grows.

Government policy is to promote care in the community for older people so that they can continue to live in their own homes for as long as possible and long-term nursing care should be a last resort after home support and other community based supports have been exhausted. Under this Government that emphasis is being strengthened.

The overall funding for Services for Older People has increased to €765 million in 2017, with over €400 million available for homecare. This additional funding is aimed at allowing people to continue to live in their own homes and at facilitating discharge of older people from acute hospitals and the HSE has set a target to deliver 10.57 million home help hours, 16,750 home care packages and 190 intensive homecare packages this year. Demand for home care services is rising as more people are supported in their own home and there are challenges in managing home care budgets. There is no doubt that the resources available for homecare are

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less than we need to meet demand, and for that reason the Programme for Partnership Gov-ernment commits to increasing funding for these services. The increased resources provide additional flexibility to managers who are responsible for meeting these challenges in each geographic area. I must emphasise that prudent management of available resources is needed as demand for services increases.

Home care services are not currently regulated and are provided on the basis of assessed health care need and there is no means-testing. Government accepts the need to regulate the home care sector to ensure consistency of provision, and work on developing an appropriate system is already underway. However, a considerable amount of preparatory work will be needed to develop policy proposals. This will include a public consultation process which is scheduled for May of this year.

02/03/2017WRL01350Ambulance Service Accommodation

02/03/2017WRL01400232. Deputy Carol Nolan asked the Minister for Health to outline the progress on the new Edenderry ambulance station; and if he will make a statement on the matter. [11083/17]

02/03/2017WRL01500Minister for Health (Deputy Simon Harris): As this is a service matter, I have asked the HSE to respond to you directly.


02/03/2017WRL01600233. Deputy Michael Healy-Rae asked the Minister for Health to set down the status of a medical card for a person (details supplied); and if he will make a statement on the matter. [11085/17]



The Health Service Executive operates the General Medical Services scheme, which in-cludes medical cards and GP visit cards, under the Health Act 1970, as amended. It has es-tablished a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas members.


02/03/2017WRL01800234. Deputy Carol Nolan asked the Minister for Health to outline the reason for the exces-sive delay in an operation for a person (details supplied); when the operation will be carried out; and if he will make a statement on the matter. [11086/17]

02/03/2017WRL01900Minister for Health (Deputy Simon Harris): Under the Health Act 2004, the Health Ser-vice Executive (HSE) is required to manage and deliver, or arrange to be delivered on its be-


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half, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.


02/03/2017WRL01950Occupational Therapy

02/03/2017WRL02000235. Deputy Carol Nolan asked the Minister for Health to set out the number of vacancies under each school age team in the areas of speech and language, clinical psychology and occu-pational therapy; the length of the vacancy; if staff are currently on extended leave, the number of same; and if he will make a statement on the matter. [11087/17]

02/03/2017WRL02100238. Deputy Carol Nolan asked the Minister for Health to set out the number of new posts appointed to speech and language therapy, occupational therapy and clinical psychology under the school age teams since the Government took office; and if he will make a statement on the matter. [11090/17]

02/03/2017WRL02200Minister of State at the Department of Health (Deputy Finian McGrath): I propose to take Questions Nos. 235 and 238 together.

The Government is committed to providing services and supports for people with disabili-ties which will empower them to live independent lives, provide greater independence in ac-cessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

02/03/2017WRL02250Speech and Language Therapy

02/03/2017WRL02300236. Deputy Carol Nolan asked the Minister for Health to outline the terms of reference of the review of speech and language therapy services; when the review is due to be completed; and if he will make a statement on the matter. [11088/17]

02/03/2017WRL02400Minister for Health (Deputy Simon Harris): As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.

02/03/2017WRL02450Occupational Therapy

02/03/2017WRL02500237. Deputy Carol Nolan asked the Minister for Health to set down the number of children currently waiting over six months for speech and language therapy, clinical psychologist or occupational therapy; if the waiting list is for an assessment or therapy; and if he will make a

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statement on the matter. [11089/17]

02/03/2017WRL02600Minister for Health (Deputy Simon Harris): As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.



02/03/2017WRL02800239. Deputy Peter Burke asked the Minister for Health if he will expedite an application for a medical card for a person (details supplied); and if he will make a statement on the matter. [11091/17]



The Health Service Executive operates the General Medical Services scheme, which in-cludes medical cards and GP visit cards, under the Health Act 1970, as amended. It has es-tablished a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas members.


02/03/2017WRL03000240. Deputy Willie Penrose asked the Minister for Health when a person (details supplied) in County Kildare will receive a medical appointment; and if he will make a statement on the matter. [11104/17]




02/03/2017WRL03250Hospital Consultant Recruitment


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02/03/2017WRL03300242. Deputy Pat The Cope Gallagher asked the Minister for Health to outline his plans for the appointment of a second endocrinologist at Letterkenny General Hospital; if no changes occurred in the staffing of the endocrinologist services at Letterkenny in a specific time period (details supplied) in either the treatment of adult patients or children; if the service is appro-priately staffed for the demands placed on it; and if he will make a statement on the matter. [11114/17]

02/03/2017WRL03400Minister for Health (Deputy Simon Harris): In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

02/03/2017WRL03450Long-Term Illness Scheme Eligibility

02/03/2017WRL03500243. Deputy Pat The Cope Gallagher asked the Minister for Health to outline his plans to extend the long-term illness scheme to include those persons who currently suffer from Crohn’s disease and asthma, in view of the fact that currently they are not covered by this scheme; and if he will make a statement on the matter. [11115/17]

02/03/2017WRL03600Minister for Health (Deputy Simon Harris): The LTI Scheme was established under Sec-tion 59(3) of the Health Act 1970 (as amended). The conditions covered by the LTI are: acute leukaemia; mental handicap; cerebral palsy; mental illness (in a person under 16); cystic fibro-sis; multiple sclerosis; diabetes insipidus; muscular dystrophies; diabetes mellitus; parkinson-ism; epilepsy; phenylketonuria; haemophilia; spina bifida; hydrocephalus; and conditions aris-ing from the use of Thalidomide. Under the LTI Scheme, patients receive drugs, medicines, and medical and surgical appliances directly related to the treatment of their illness, free of charge.

There are no plans to extend the list of conditions covered by the Scheme.


02/03/2017WRL03700244. Deputy Michael Healy-Rae asked the Minister for Health to set down the status of the case of a person (details supplied) who is awaiting an outpatient appointment in the South Infirmary Victoria University Hospital, Cork; and if he will make a statement on the matter. [11116/17]


In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly.

02/03/2017WRL03850Medical Products Supply

02/03/2017WRL03900245. Deputy Billy Kelleher asked the Minister for Health whether, in view of the compas-sionate extension by a company (details supplied) of Respreeza to persons for the next two months, the HSE will enter into negotiations with the company; if the HSE is setting out to complete the negotiations before the compassionate timeframe expires; and if he will make a statement on the matter. [11119/17]

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02/03/2017WRL04000Minister for Health (Deputy Simon Harris): The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013.

In reaching its decision, the HSE examines all the evidence which may be relevant in its view for the decision (including the information /dossier submitted by the Company) and will take into account such expert opinions and recommendations which may have been sought by the HSE at its sole discretion (for example, from the National Centre for Pharmacoeconomics).

In considering an application, the HSE will also have regard to Part 1 and Part 3 of Schedule 3 of the 2013 Act. Part 3 requires the HSE to have regard to the following criteria:

1. the health needs of the public;

2. the cost-effectiveness of meeting health needs by supplying the item concerned rather than providing other health services;

3. the availability and suitability of items for supply or reimbursement;

4. the proposed costs, benefits and risks of the item or listed item relative to therapeutically similar items or listed items provided in other health service settings and the level of certainty in relation to the evidence of those costs, benefits and risks;

5. the potential or actual budget impact of the item or listed item;

6. the clinical need for the item or listed item;

7. the appropriate level of clinical supervision required in relation to the item to ensure patient safety;

8. the efficacy (performance in trial), effectiveness (performance in real situations) and added therapeutic benefit against existing standards of treatment (how much better it treats a condition than existing therapies); and

9. the resources available to the HSE.

I am informed that the HSE received a request and economic dossier from the manufac-turer of Respreeza for maintenance treatment of emphysema in adults with documented severe alpha1-proteinase inhibitor deficiency.

In June of last year the HSE asked the NCPE to carry out a health technology assessment on the cost effectiveness of this treatment. The NCPE completed its assessment and made a recommendation on 9 December 2016. The NCPE determined that the manufacturer failed to demonstrate cost-effectiveness of the drug and did not recommend it for reimbursement.

A summary of the health technology assessment has been published on the NCPE website and is available at: http://www.ncpe.ie/wp-content/uploads/2016/02/NCPE-website-summary_Final.pdf.

The HSE considers the NCPE assessment, and other expert advice, as part of its decision-making process for reimbursement and is made on objective, scientific and economic grounds by the HSE in line with the 2013 Act.

The HSE has confirmed that the drug Respreeza was considered by HSE Drugs Group which did not make a recommendation for reimbursement on clinical grounds. The HSE Lead-ership team has accepted the Drugs Group recommendation of non-reimbursement.


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Under the HSE statutory assessment process the HSE is required to set out a notice of any proposed decision to an applicant company. The HSE is legally required to provide at least a 28 days period (from the formal written notice of proposal) to enable the pharmaceutical com-pany to consider any such proposal not to reimburse and to make representations to the HSE if it wishes to do so. The HSE is legally required to consider any such representations in advance of a formal decision.

Therefore as the statutory process is still on-going the Company has an opportunity to have further discussions with the HSE.

In relation to the compassionate access scheme operated by the manufacturer, CSL Beh-ring, I note and welcome the decision of the Company to extend the scheme by a further two months. However it is important to point out that the operation of such compassionate schemes is at the discretion of manufacturers. I as Minister for Health have no role in the operation of these schemes. There is no provision in Irish legislation for the approval of compassionate use programmes for specific groups of patients with an unmet medical need.

I have previously said that any attempts by manufacturers to link continued access for pa-tients already being treated with a new medicine with decisions under the statutory reimburse-ment process is both inappropriate and unethical. Manufacturers should operate such schemes in a compassionate and not a commercially-motivated manner.

02/03/2017WRL04050Alcohol Sales Legislation

02/03/2017WRL04100246. Deputy Peter Burke asked the Minister for Health to outline the progress of the Public Health (Alcohol) Bill in view of the concern from small business regarding alcohol curtains and enforcement of same; and if he will make a statement on the matter. [11121/17]

02/03/2017WRL04200Minister of State at the Department of Health (Deputy Marcella Corcoran Kennedy): The enactment of the Public Health (Alcohol) Bill is included in the Programme for a Partner-ship Government and is a priority for Government. The Public Health (Alcohol) Bill contains a suite of meaningful measures to reduce the level of harmful consumption of alcohol in Ireland. The aim of the legislation is to reduce alcohol consumption and the harms caused by alcohol.

The Bill provides for restrictions on the display, advertisement and visibility of alcohol products in mixed trade retail outlets. These provisions address concerns that alcohol is not an ordinary consumer product but a psychoactive drug that requires a licence for sale. The separation and reduced visibility of alcohol products in the manner prescribed will achieve the following objectives:

- access to alcohol products will be controlled in premises to which it applies;

- alcohol products cannot be on open display near grocery products, thereby discouraging impulse purchases and the purchase of alcohol products as part of everyday household grocery shopping;

- separate display of alcohol products or closed display in storage units will make alcohol products less visible to children and protect them from in-store marketing techniques.

The options provided for in the Public Health (Alcohol) Bill addresses the reasonable need for flexible implementation of the requirement to separate and reduce visibility of alcohol prod-ucts in mixed trade retail outlets.

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The Bill commenced Committee Stage in the Seanad on the 26 October 2016. The Bill is scheduled to return to Committee Stage in the Seanad during this session of the Oireachtas. In the interim, consideration is being given as to how best this important public health measure can be brought forward.

02/03/2017WRL04250Nursing and Midwifery Board of Ireland

02/03/2017WRL04300247. Deputy Clare Daly asked the Minister for Health whether applications for registra-tion to the Nursing and Midwifery Board of Ireland will be closed after a year if they have not been processed within that time, forcing persons to reapply and again pay an application fee. [11124/17]

02/03/2017WRL04400248. Deputy Clare Daly asked the Minister for Health whether all notarised copies of passports, birth certificates and so on submitted by applicants for registration to the Nursing and Midwifery Board of Ireland are either destroyed or returned in the event that the person is unsuccessful or the application is closed. [11125/17]

02/03/2017WRL04500Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 247 and 248 together.

I wish to thank the Deputy for the matter raised.

Given that this is an operational matter, it is appropriate that it should be dealt with by the Nursing and Midwifery Board of Ireland (NMBI). I have referred the Deputy’s question to the NMBI for attention and direct reply within 10 working days.

02/03/2017WRM00200Mental Health Services

02/03/2017WRM00300249. Deputy James Browne asked the Minister for Health the reason for the delay in ad-mitting a person (details supplied) to the Central Mental Hospital; when they can expect to be seen and admitted; and if he will make a statement on the matter. [11129/17]

02/03/2017WRM00400Minister of State at the Department of Health (Deputy Helen McEntee): As this is a service issue, this question has been referred to the HSE for direct reply.

02/03/2017WRM00500Vaccination Programme

02/03/2017WRM00600250. Deputy Robert Troy asked the Minister for Health the role of the HSE and his Depart-ment regarding the Gardasil vaccine; if it is proactive or reactive to the claims made by persons (details supplied); and if he will make a statement on the matter. [11130/17]

02/03/2017WRM00700251. Deputy Robert Troy asked the Minister for Health his views on the national aware-ness of an ever increasing number of persons whose health may have been chronically damaged in the aftermath of the Gardasil vaccine (details supplied); and if he will make a statement on the matter. [11131/17]

02/03/2017WRM00800252. Deputy Robert Troy asked the Minister for Health his views on the Health Products Regulatory Authority statements on a television programme (details supplied). [11132/17]

02/03/2017WRM00900254. Deputy Robert Troy asked the Minister for Health his views on a matter (details sup-plied) concerning Gardasil; and if he will make a statement on the matter. [11134/17]


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02/03/2017WRM01000255. Deputy Robert Troy asked the Minister for Health his views on a statement (details supplied) concerning Gardasil; and if his Department has taken all these findings into consider-ation while deciding to continue with the vaccination programme. [11135/17]

02/03/2017WRM01100256. Deputy Robert Troy asked the Minister for Health his views on the numerous Garda-sil safety studies including one released recently (details supplied). [11136/17]

02/03/2017WRM01200259. Deputy Robert Troy asked the Minister for Health his views on matters (details sup-plied) relating to the HPV vaccine. [11139/17]

02/03/2017WRM01300260. Deputy Robert Troy asked the Minister for Health his views on the role of sodium borate in the HPV vaccine. [11140/17]

02/03/2017WRM01400261. Deputy Robert Troy asked the Minister for Health his views on the role of sodium bo-rate in the HPV vaccine; if his attention has been drawn to the fact that the US Centres for Dis-ease Control and Prevention vaccine excipient and media summary lists four vaccines (details supplied) that contain sodium borate; and if he will make a statement on the matter. [11141/17]

02/03/2017WRM01500Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 250 to 252, inclusive, 254 to 256, inclusive, and 259 to 261, inclusive, together.

The immunisation programme in Ireland is based on the advice of the National Immunisa-tion Advisory Committee (NIAC). NIAC is a committee of the Royal College of Physicians of Ireland comprising of experts in a number of specialties including infectious diseases, pae-diatrics and public health. The committee’s recommendations are informed by public health advice and international best practice. The Health Products Regulatory Authority (HPRA) and the European Medicines Agency (EMA) in Europe continually monitor adverse events to vac-cination. All relevant and appropriate information is taken into account when deciding to make changes to the State’s immunisation programmes.

Each year in Ireland around 300 women are diagnosed with cervical cancer. The HPV vac-cine protects against two high risk types of HPV (16 & 18) that cause 73% of all cervical can-cers. Vaccinated women and girls will still be at risk from other high risk types of HPV that can cause cervical cancer and will therefore need to continue to have regular cervical smear tests. NIAC recommended that the human papillomavirus (HPV) vaccine be given to all girls aged 12-13 in 2009 and in September 2010 the HPV vaccination programme was introduced for all girls in first year of second level schools.

Gardasil is the HPV vaccine used in Ireland in the context of the HSE schools immunisa-tion programme. In Ireland more than 660,000 doses of Gardasil have been administered and almost 250,000 girls have been vaccinated against HPV. Over 205 million doses of the HPV vaccine Gardasil have been distributed worldwide, either as part of national immunisation pro-grammes or by private doctors. Gardasil is currently used in over 25 European countries, the United States, Canada, Australia and New Zealand.

No medicine, including vaccines, is entirely without risk, there is therefore on-going phar-maco vigilance and monitoring of medicinal products once they are authorised for use. The safety profile of Gardasil has been continuously monitored since it was first authorised both nationally and at EU level. In Ireland, the HPRA is the statutory regulatory authority for medicines in Ireland and, along with the EMA in Europe, continually monitors adverse events to vaccination.

The HSE provides information for parents about diseases, the vaccines to prevent them and side effects to allow them to choose whether or not to give consent to vaccination. All vaccina-tion information provided to parents is prepared from the available licensed documentation for

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each vaccine, the Summary of Products Characteristics and Patient Information Leaflet. The information booklets include information on the most common adverse events that can occur after each vaccination. Seizures, muscle weakness, leg pain, joint pain and chronic fatigue are not mentioned as known side effects to Gardasil in the Patient Information Leaflet. There are no known long term side effects to the vaccine Gardasil. The information is presented in clear simple language and approved by the National Adult Literacy Agency so that it can be under-stood by all adults. The Patient Information Leaflet does not state ovarian failure, painful and chronic severe daily headaches, seizures, neurological condition, chest pain, paralyses, onset of auto immune conditions, muscle weakness, joint and leg pain, heart problems, systemic inflam-mation, short term memory. Parents are also given contact details for their local immunisation office and advised to speak to a member of the school immunisation team if they have any further questions.

Should parents require additional information about vaccines the immunisation leaflet refers to the HSE’s national immunisation website (www.immunisation.ie). The national immunisa-tion website has been accredited by the World Health Organisation for credibility, content and good information practices. The website allows members of the public to contact the National Immunisation Office to ask a question if they require further information. These questions, when possible, are answered by the staff of the National Immunisation Office within one work-ing day.

I am aware of claims of an association between HPV vaccination and a number of condi-tions experienced by a group of young women. An illness that occurs around the time a vaccine is given and is already known to be common in adolescence does not imply the vaccine caused the problem. It appears that some girls first suffered symptoms around the time they received the HPV vaccine, and understandably some parents have connected the vaccine to their daugh-ter’s condition. As there is no scientific evidence that the vaccine causes long term illnesses, the HPV vaccine cannot be held responsible for these illnesses. It is important to reassure people that anyone who is suffering ill health is eligible to seek medical attention, and to access appropriate health and social care services, irrespective of the cause of their symptoms. The individual nature of the needs of some children may require access to specialist services and the HSE are currently working to put in place a clinical care pathway appropriate to the medical needs of this group.

The HPRA which monitors the safety of all medicines in Ireland has received 1072 sponta-neously reported adverse reactions and events associated with use of the HPV vaccines from doctors and members of the public since 2006. The vast majority of reports received by the HPRA have been consistent with the expected pattern of short term and self limited adverse ef-fects for the vaccines, as detailed above from the Patient Information Leaflet. Though the Irish media report that anti-vaccine groups report there are several hundred girls suffering chronic fatigue like conditions adverse events after the HPV vaccine, the HPRA has received less than 30 reports of chronic fatigue like conditions and autoimmune disease together and one report of suspected premature ovarian failure after HPV vaccine administration since 2006. These numbers are much less than the estimated prevalence of chronic fatigue syndrome likes condi-tions and premature ovarian failure occurring by chance among a population of almost 250,000 Irish girls who have received the vaccine. One would expect to see at least 300 cases of chronic fatigue syndrome like conditions and more than 20 cases of premature ovarian insufficiency re-ported in a group this size. However this has not been seen despite all the media attention given to this vaccine. This HPRA surveillance data provides evidence supporting the good safety profile of the HPV vaccine and is consistent with data from international regulatory bodies. Consequently, there is no scientific biological or epidemiological evidence of the HPV vaccine causing chronic medical conditions.


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The focus for the HPV programme in 2017 is to counter misinformation in relation to the safety of the HPV vaccine, and to increase the uptake rate in girls as part of the schools im-munisation programme. The benefits of HPV vaccines outweigh the known side effects. The safety of these vaccines, as with all medicines, will continue to be carefully monitored and will take into account any future new evidence of side effects that becomes available. I encourage the parents of all eligible girls to ensure that their daughters receive this important cancer pre-venting vaccine.


02/03/2017WRM01900253. Deputy Robert Troy asked the Minister for Health if he has indemnified the manufac-turers of the Gardasil vaccine. [11133/17]

02/03/2017WRM02000Minister for Health (Deputy Simon Harris): My Department has contacted the HSE who have confirmed that as the Gardasil vaccine has been approved for use in the European Union by the European Medicines Agency there is no requirement for indemnity.

Questions Nos. 254 to 256, inclusive, answered with Question No. 250.


02/03/2017WRM02500257. Deputy Robert Troy asked the Minister for Health his views on a report (details sup-plied). [11137/17]

02/03/2017WRM02600Minister for Health (Deputy Simon Harris): This question refers to a paper published in an academic journal. All relevant information is taken into account by my Department.


02/03/2017WRM02800258. Deputy Robert Troy asked the Minister for Health if the manufacturer of the HPV vaccine failed to inform the US Food and Drug Administration and the European Medicines Agency regarding Gardasil vaccine research omitting data concerning ovarian failure and its implications for the current HPV vaccination programme administered by the HSE on behalf of his Department. [11138/17]

02/03/2017WRM02900Minister for Health (Deputy Simon Harris): In Ireland, the Health Products Regulatory Authority (HPRA) is the statutory regulatory authority for medicines in Ireland. The HPRA and the European Medicines Agency (EMA) in Europe continually monitor adverse events to vaccination. Gardasil is the HPV vaccine used in the HSE schools immunisation programme its safety profile has been continuously monitored since it was first authorised. In Ireland more than 660,000 doses of Gardasil have been administered and almost 250,000 girls have been vaccinated against HPV. Over 205 million doses of the HPV vaccine Gardasil have been dis-tributed worldwide, either as part of national immunisation programmes or by private doctors.

The European Medicines Agency (EMA) is a decentralised agency of the European Union (EU) responsible for the scientific evaluation, supervision and safety monitoring of medicines developed by pharmaceutical companies for use in the EU. The EMA granted market authori-sation for Gardasil on 20 September 2006. I am not privy to interactions between vaccine manufacturers and the EMA so cannot answer the Deputy’s question in that regard.

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The Food and Drug Administration (FDA) is a federal agency of the Government of the United States of America and has no role in the approval of vaccines for use in the EU.

Questions Nos. 259 to 261, inclusive, answered with Question No. 250.


02/03/2017WRM03400262. Deputy Robert Troy asked the Minister for Health if his attention has been drawn to an issue (details supplied). [11142/17]

02/03/2017WRM03500Minister for Health (Deputy Simon Harris): I am not familiar with the website refer-enced or its content.


02/03/2017WRM03700263. Deputy Robert Troy asked the Minister for Health if his attention has been drawn to the fact that the toxicity of borate compounds has been studied in laboratory animals with most studies using either borax or boric acid (details supplied). [11143/17]

02/03/2017WRM03800Minister for Health (Deputy Simon Harris): I understand the question refers to a report released by the United States Forest Service which is an agency of the United States Department of Agriculture. Other than the Deputy’s question, it has not been drawn to my attention, but my Department will now consider whether any further examination of this matter is required.

02/03/2017WRM03900Legislative Process RIA

02/03/2017WRM04000264. Deputy Niall Collins asked the Minister for Health the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact as-sessment; and if he will make a statement on the matter. [11154/17]

02/03/2017WRM04100265. Deputy Niall Collins asked the Minister for Health if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11169/17]

02/03/2017WRM04200Minister for Health (Deputy Simon Harris): I propose to take Questions Nos. 264 and 265 together.

Bills published between 2011 and 2016 are shown in the following table.

Bills published between 2011 and 2016Public Health (Tobacco) (Amendment) Bill 2011Medical Practitioners (Amendment) Bill 2011Health (Provision of General Practitioner Services) Bill 2011Health Insurance (Miscellaneous Provisions) Bill 2011Clotting Factor Concentrates and Other Biological Products Bill 2012Health (Pricing and Supply of Medical Goods) Bill 2012Health Service Executive (Governance) Bill 2012Health and Social Care Professionals (Amendment) Bill 2012


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Bills published between 2011 and 2016Health Insurance (Amendment) Bill 2012Public Health (Tobacco) (Amendment) Bill 2013Health (Alteration of Criteria for Eligibility) Bill 2013Health (Amendment) Bill 2013Protection of Life During Pregnancy Bill 2013Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013Health Insurance (Amendment) Bill 2013Health Identifiers Bill 2013Health Service Executive (Financial Matters) Bill 2013Public Health (Sunbeds) Bill 2013Health (General Practitioner Service) Bill 2014Public Health (Standardised Packaging of Tobacco) Bill 2014Health (Miscellaneous Provisions) Bill 2014Medical Practitioners (Amendment) Bill 2014Health Insurance (Amendment) Bill 2014Misuse of Drugs (Amendment) Bill 2015Health (General Practitioner Service) Bill 2015Public Health (Alcohol) Bill 2015Health Insurance (Amendment) Bill 2015Misuse of Drugs (Amendment) Bill 2016Health (Amendment) Bill 2016Health Insurance (Amendment) Bill 2016Health (Miscellaneous Provisions) Bill 2016RIAs were published for the following Bills:

- Health (Pricing and Supply of Medical Goods) Bill 2012

- Public Health (Sunbeds) Bill 2013

- Public Health (Standardised Packing of Tobacco) Bill 2014

- Public Health (Alcohol) Bill 2015

A RIA was also published for the General Scheme of the Health Information and Patient Safety Bill in November 2015.

The Deputy will appreciate that for various reasons a RIA was not always necessary in regard to the Bills published during this time period, for example a number of Bills made tech-nical amendments to existing legislation, dealt with urgent matters or implemented budgetary measures. In these cases a RIA was not carried out.

When carrying out RIAs for legislative proposals my Department takes account of the RIA Guidelines as issued by the Department of the Taoiseach. The approach taken is dependent on the nature of the proposal and the extent to which particular impacts are relevant.

02/03/2017WRM04300Single Payment Scheme Applications

02/03/2017WRM04400266. Deputy Michael D’Arcy asked the Minister for Agriculture, Food and the Marine

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when a person (details supplied) in County Wexford will be paid a single farm payment grant in view of the fact all documentation has been provided; and if he will make a statement on the matter. [10777/17]

02/03/2017WRM04500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named submitted three 2016 Transfer of Entitlements applications to my Department seeking the transfer of entitlements by lease. As the herd number shown had been changed from an individual to a Company name after the submission of the 2016 Basic Payment Scheme appli-cation, it was necessary to have a Declaration of Undertaking form completed in order to allow the transfer applications to be processed.

A letter issued with a Declaration of Undertaking form to the person named on 12 Novem-ber 2016. The completed Declaration of Undertaking form was subsequently returned to my Department and processed. However, as there were multiple transfers involved in this case it was necessary for my Department to revert to the person named again to clarify issues pertain-ing to the transfers. These issues have now been clarified and payment will issue shortly.

02/03/2017WRM04600GLAS Applications

02/03/2017WRM04700267. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason for the refusal of a GLAS payment for a person (details supplied); and if he will make a statement on the matter. [10779/17]

02/03/2017WRM04800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named was approved into GLAS 2 with a contract commencement date of the 1 January 2016.

The holding of the person named was selected for a ground inspection which took place on the 9 December 2016. It was during this inspection that the person named was deemed non-compliant in respect of the Geese and Swans (Whole of parcel) action. A letter issued on the 6 February 2017 notifying the person named of the non-compliances found on inspection and giving the right to request a review of this decision within 20 working days.

A review request was received from the Agricultural Advisor of the person named and it is currently being considered. The person named will be notified in writing of the outcome of this review once a decision has been made.

02/03/2017WRM04900Horse Sport Ireland

02/03/2017WRM05000268. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the role played by Horse Sport Ireland in overseeing the welfare of horses used by hunt clubs. [10783/17]

02/03/2017WRM05100Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The Hunting Association of Ireland is an affiliate body of Horse Sport Ireland (HSI). HSI does not have any overseeing role in relation to the welfare of horses used by hunt clubs. However HSI has informed me that as an organization it is committed to ensuring that the welfare of horses is never compromised in the pursuit of sporting excellence or commercial gain. It expects that all its affiliates would adhere to the highest standards of animal welfare and that these standards are maintained at all times. It would be normal for all hunts to have a close relationship with veterinary surgeons in their area of operation, in this regard.


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02/03/2017WRM05200Laboratory Facilities

02/03/2017WRM05300269. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine the amount it costs to remedy a recent design fault in the newly designed category four high con-tainment laboratory at the Backweston facility in County Kildare; and if he will make a state-ment on the matter. [10806/17]

02/03/2017WRM05400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): My Depart-ment in collaboration with the Office of Public Works is currently developing a high contain-ment laboratory at Backweston to enhance our National capability in the laboratory diagnosis of exotic viral diseases of farmed animals. An outbreak of Foot and Mouth disease in the UK in 2007 attributable to an escape of live virus from Pirbright was the prompt for us to upgrade a pre-existing laboratory space within the Backweston Laboratory Complex to the highest at-tainable international standard. A specialist US engineering firm was contracted to ensure the integrity of the design and to have confidence that the project would deliver a facility to the required certified standard. The tendered cost of the main building works were € 4.9 million excluding VAT.

During the construction works an underlying issue in the fabric of the original building was discovered. Although this does not affect the stability of the structure, it had the potential to compromise containment. The engineering solution to rectify this problem and the associated project delays have cost an additional €219,572. Building works are currently scheduled to be completed in early May 2017. On completion we will have the laboratory infrastructure re-quired for safe, rapid and reliable laboratory diagnosis of exotic viral disease – this self-reliance constitutes a critical support for our expanding, export-dependent livestock sectors.

02/03/2017WRM05500Bord na gCon Expenditure

02/03/2017WRM05600270. Deputy Mary Butler asked the Minister for Agriculture, Food and the Marine when Bord na gCon secured finance to build Limerick greyhound stadium at Greenpark in 2010; the greyhound stadia here that were used as collateral; and if he will make a statement on the mat-ter. [10835/17]

02/03/2017WRM05700Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958, under the Greyhound Industry Act, 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry.

Bord na gCon has informed me that bank loans relating to the Limerick Stadium were agreed with Allied Irish Bank on June 24th 2009. These facilities involved granting security to Allied Irish Bank over assets held at Waterford, Limerick and Shelbourne Park in Dublin.

02/03/2017WRM05800Bord na gCon Expenditure

02/03/2017WRM05900271. Deputy Mary Butler asked the Minister for Agriculture, Food and the Marine his plans to reduce the €21 million debt currently owed by Bord na gCon; and if he will make a statement on the matter. [10836/17]

02/03/2017WRM06000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958, under the Greyhound Industry Act, 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry.

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Bord na gCon has informed me the bank debt has been reduced by circa €2.0m between 2015 and 2016 and that they have recently entered negotiations with Allied Irish Bank to re-structure the remaining loan facility.

02/03/2017WRN00150Greyhound Industry

02/03/2017WRN00200272. Deputy Mary Butler asked the Minister for Agriculture, Food and the Marine his plans to secure the future of Kilcohan Park greyhound stadium in Waterford city; and if he will make a statement on the matter. [10837/17]

02/03/2017WRN00300Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958 under the Greyhound Industry Act 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry.

Bord na gCon has informed me that it plans to operate Kilcohan Greyhound Stadium under the race schedule that has been in place for the past number of years.

02/03/2017WRN00350Rural Development Programme

02/03/2017WRN00400273. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine if he will provide for the inclusion of a representative of an organisation (details supplied) to the EU monitoring committee for the rural development programme; and if he will make a statement on the matter. [10839/17]

02/03/2017WRN00500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The request by the Irish Natura and Hill Farmers Association for membership of the Monitoring Committee for Ireland’s Rural Development Programme (RDP) 2014 – 2020 is currently under consideration.

02/03/2017WRN00550Farmers Charter Review

02/03/2017WRN00600274. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine if he will provide for the inclusion of a representative of an organisation (details supplied) to the charter of rights committee; and if he will make a statement on the matter. [10840/17]

02/03/2017WRN00700Minister for Agriculture, Food and the Marine (Deputy Michael Creed): A Farmers’ Charter Review Group was set up in 2014 with a view to agreeing a new Farmers’ Charter of Rights. The Farmers’ Charter Review Group was chaired by an Assistant Secretary General of the Department of Agriculture, Food and the Marine and comprised of senior Department offi-cials and representatives of farming organisations. Following on from positive engagement by all parties, negotiations between my Department and farming organisations on a new Farmers’ Charter of Rights concluded on Thursday 11 June 2015 with consensus achieved on the Charter.

Subsequently a Farmers’ Charter of Rights Monitoring Committee was established to moni-tor agreed targets and standards. This Monitoring Committee comprises representatives of farming organisations, staff of the Department of Agriculture, Food and the Marine and an in-dependent chair. While my Department is satisfied that the committee is meeting its objective with the current composition of the Committee, the question of extending the representation on the Committee is currently under consideration.


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02/03/2017WRN00750Farmers Charter

02/03/2017WRN00800275. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine if he will respond to correspondence from the Oireachtas Committee on Agriculture, Food and the Marine regarding the addition of a representative of an organisation (details supplied) to certain farming representational committees under his remit; and if he will make a statement on the matter. [10841/17]

02/03/2017WRN00900Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I have re-ceived correspondence from the Oireachtas Committee on Agriculture, Food and the Marine and other correspondence regarding the addition of a representative of the organisation named to certain representational committees under the remit of my Department. This correspondence is currently under consideration and replies will issue in due course.

02/03/2017WRN00950Horse Racing Ireland

02/03/2017WRN01000276. Deputy Donnchadh Ó Laoghaire asked the Minister for Agriculture, Food and the Marine if consideration has been given to amendments to the legislation governing bookmakers on course to allow that all staff for the bookmaker in question be licensed, provided that at least one person on course has a licence, rather than requiring all staff to obtain a licence, including a lengthy and arduous process; and if he will make a statement on the matter. [10858/17]

02/03/2017WRN01100277. Deputy Donnchadh Ó Laoghaire asked the Minister for Agriculture, Food and the Marine the reason bookmakers on course are required to have a licence for each member of staff on course, as distinct from bookmaking shops such as chain outlets, which are only required to have a single licence for the entire shop and all the staff therein, even when located on course. [10859/17]

02/03/2017WRN01200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I propose to take Questions Nos. 276 and 277 together.

I have made enquiries with Horse racing Ireland (HRI) and I have been informed that the current legislative provisions require that any person carrying on the business of a bookmaker at a racecourse must be the holder of both a State Betting Licence issued by the Revenue Com-missioners and either a Course Betting Permit or Course Betting Representative Permit issued by HRI.

Staff working for any such bookmaker are not required to obtain a licence once the permit holder is present.

I have no plans at this time to amend legislation governing bookmakers and betting in the Irish Horseracing Act, 1994.

02/03/2017WRN01250GLAS Payments

02/03/2017WRN01300278. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment for a person (details supplied) [10942/17]

02/03/2017WRN01400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received full entitlements in respect of the 2015 scheme year.

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During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases. Department officials are actively working to resolve this issue with a view to further processing the application for the 2016 payment as soon as possible.

02/03/2017WRN01450Laboratory Facilities

02/03/2017WRN01500279. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine the amount spent on a piece of equipment called maldi-TOF in the regional veterinary laboratory at Backweston facility; when this piece of equipment was purchased; if it is in daily use; the number of samples tested on it on a daily basis; if full time staff are working on the instrument; and if he will make a statement on the matter. [10944/17]

02/03/2017WRN01600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Following an open tender process, conducted on behalf of my Department by the Education Procurement Service, under the auspices of the OGP, a Maldi-TOF instrument was purchased from Cruinn Diagnostics Ltd at a cost of €229,900 plus 23% VAT in November 2015. This is inclusive of a five year service contract ( 20/11/2015 – 20/11/2020). The instrument was installed and com-missioned in early 2016.

The Maldi-TOF was purchased to provide rapid, low-cost typing of bacterial isolates; it is primarily used by staff based in Bacteriology Division at Backweston. As the initial priority was using the instrument in support of typing isolates from regulatory programmes the focus was directed towards having the technology validated and accredited for this purpose. It is hoped that accreditation of the method will be achieved during the accreditation assessment scheduled for the coming months.

A number of staff have been trained and use this instrument routinely for typing Salmonella, Campylobacter, E. coli and mastitis pathogens as well as isolates from some other diagnostic submissions. It is not used daily as samples are batched for processing. Over 3,500 samples were processed during 2016.

A research assistant is currently being recruited to help further application of the Maldi-TOF in processing isolates from pathological material sourced from regional laboratories. This is expected to advance rapidly in the coming months.

02/03/2017WRN01650Laboratory Facilities

02/03/2017WRN01700280. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to any perceived problem at the Dublin regional veterinary post mortem facility at Backweston; if so, the costs spent to remedy it; his plans to remedy same; and if he will make a statement on the matter. [10945/17]

02/03/2017WRN01800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): My Depart-ment will begin operating a High Containment Laboratory in May 2017. The Laboratory will operate to the highest attainable international standard. In keeping with best international prac-tice in the operation of such facilities the Department will control access to the Backweston site. In addition and to avoid any perception of risk for persons who have daily contact with farmed animals, alternative arrangements are being considered for farmers who wish to submit carcases of farmed animals for post mortem examination at Backweston. The simplest and most cost effective option will be to provide a drop off point at an adjacent premises owned and operated by the Department. However consideration is also being given to the possibility of


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establishing a carcase collection point at a location further afield as this would have the added advantage of providing greater ease of access to the diagnostic service and encouraging further voluntary submissions for surveillance purposes.

02/03/2017WRN01850Commonage Framework Plans

02/03/2017WRN01900281. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the status of an appeal from a group (details supplied) regarding the appointment of a planner to the commonage; when he expects the appeal to be finalised; and if he will make a statement on the matter. [10950/17]

02/03/2017WRN02000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): A Common-age Advisor was assigned to prepare Commonage Management Plans for these two common-ages in Donegal. A second advisor had also applied and was unsuccessful and appealed against the decision of the Department. Both advisors were notified in writing on 13 January 2017 that the matter has been referred to the Independent Commonage Implementation Committee for consideration. The recommendation of the Committee is expected to issue in the coming weeks.


02/03/2017WRN02100282. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine when payment will issue to a person (details supplied) in County Donegal under the GLAS scheme; and if he will make a statement on the matter. [10951/17]

02/03/2017WRN02200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received a first payment instalment in respect of the 2015 scheme year.

During the 2015 balancing prepayment checking process an issue in relation to the Com-monage action presented on the computerised crosscheck of Department databases. Depart-ment officials are actively working to resolve this issue with a view to further processing the application for the 2015 balancing payment as soon as possible.

Following the issue of payment in respect of the 2015 scheme year, the 2016 scheme year payment will be processed.

02/03/2017WRN02250Rural Environment Protection Scheme Appeals

02/03/2017WRN02300283. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine the outcome of an appeal lodged on 23 August 2011 by a person (details supplied); if their re-quest of 2 August 2016 to have their appeal re-examined will be granted; and if he will make a statement on the matter. [10952/17]

02/03/2017WRN02400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The Agricul-ture Appeals Office has confirmed that the person named lodged an appeal in relation to the Rural Environment Protection Scheme. A decision letter was issued on 2 February 2012 by an Appeals Officer to the person named notifying him of the outcome of the appeal. A request for a review of the appeal decision by the Director of the Agriculture Appeals Office was received from the person named in August 2016. Under the Act only the Director may perform such

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reviews which must be undertaken in full compliance with the legal requirements and following an assessment of the case to be reviewed. Currently there is a considerable number of requests for reviews being dealt with by the Director. Every effort is being made to finalise the review requested by the person named as a matter of urgency.

02/03/2017WRN02450Farmers Charter

02/03/2017WRN02500284. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine the support services available to persons that cannot read or write; if information on schemes and courses organised nationally or with the support of the EU are promoted in a way that en-sures universal access; if his Department has provided training to members of the agricultural consultants association to enable them to assist persons with learning difficulties; the instruc-tions issued to agricultural advisors and agencies regarding this issue; and if he will make a statement on the matter. [10953/17]

02/03/2017WRN02600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): My Depart-ment has responsibility for delivering a wide range of schemes and services to its many custom-ers. Many of these schemes are, by their very nature, complex. In order to provide the best possible customer service it is important to ensure that participants in these schemes have a good understanding of their terms and conditions. To this end, my Department endeavours to ensure that the language used in application forms, supporting documentation and information campaigns is clear, concise and accurate and only necessary detail is provided and requested.

My Department aims to ensure that the needs of all its customers are met and that rights to equal treatment are upheld in the delivery of services. However, it is also conscious that some of its customers may have literacy difficulties and cannot easily access, understand and/or use information on the Department’s schemes and services. In this regard, my Department has a number of measures in place including a “BrowseAloud” facility on its website which reads web pages aloud for people with literacy and/or visual impairments.

In accordance with Section 26(2) of the Disability Act, two Access Officers have been as-signed to ensure, when requested, that material can be provided in a format more suitable to individual circumstances.

Bearing in mind the need to communicate clearly in both written and verbal communica-tions, my Department also provides step by step guidelines, user friendly explanatory manuals, question and answer sheets and working examples for most schemes, as well as telephone help lines to deal with queries.

In addition to the above and as part of its quality customer service, my Department has put in place a Farmers Charter which among other things is intended to provide information in re-lation to the delivery of services and implementation of schemes in a clear, simple and easily understood format.


02/03/2017WRN02700285. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the number of outstanding GLAS 1 and GLAS 2 payments to be paid in County Kerry and na-tionally; and if he will make a statement on the matter. [10971/17]

02/03/2017WRN02800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The informa-


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tion requested by the Deputy is set out in the following table.

Scheme Numbers of active applica-tions for Kerry

Number of ap-plications not paid for Kerry

Numbers of ac-tive applications nationally

Number of ap-plications not paid nationally

GLAS 1 1,794 269 25,825 4,094GLAS 2 894 168 11,668 2,140Under the EU Regulations governing the Scheme and other area-based payment schemes,

a comprehensive administrative check, including cross-checks with the Land Parcel Identifica-tion System, must be completed before any payment can issue.

Work on processing cases which did not pass the required pre-payment checks, is on-going with a view to effecting payment as quickly as possible.

02/03/2017WRN02850Organic Farming Scheme Payments

02/03/2017WRN02900286. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the organic farming scheme will issue to a person (details supplied) in County Roscommon; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [10973/17]

02/03/2017WRN03000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named was selected for an on-farm inspection, the report of which had to be finalised before payment could be processed. I understand that this has now been done and that the person named is being included in the next payment run.


02/03/2017WRN03100287. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the total number of persons in receipt of GLAS 1 and GLAS 2 that have received 85% of their total 2016 payment, by county, in tabular form; the number of persons that have passed all payment approval checks and are awaiting their 2016 payment; the total number of GLAS recipients that have yet to receive payment by county; and if he will make a statement on the matter. [11041/17]

02/03/2017WRN03200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The informa-tion requested by the Deputy set out in the following table.

County GLAS 1 GLAS 1 GLAS 1 GLAS 1 GLAS 2 GLAS 2 GLAS 2 GLAS 2

Number of Number sent Number Number Number of Number sent Number Number

Active Ap-plicants

for payment PPV Pass Unpaid Active Ap-plicants

for payment PPV Pass Unpaid

Carlow 283 224 1 58 131 111 0 20

Cavan 916 802 5 109 448 384 6 58

Clare 1,631 1,435 6 190 703 614 5 84

Cork 2,225 1,812 16 397 1,069 849 8 212

Donegal 1,978 1,649 8 321 1,024 802 7 215

Dublin 65 50 0 15 17 14 0 3

Galway 3,144 2,510 36 598 1,351 1,023 26 302

Kerry 1,794 1,510 15 269 894 714 12 168

Kildare 256 206 3 47 86 62 0 24

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County GLAS 1 GLAS 1 GLAS 1 GLAS 1 GLAS 2 GLAS 2 GLAS 2 GLAS 2

Number of Number sent Number Number Number of Number sent Number Number

Kilkenny 445 367 5 73 216 178 1 37

Laois 375 309 3 63 207 170 2 35

Leitrim 1,035 892 14 129 429 365 7 57

Limerick 1,065 898 7 160 313 273 1 39

Longford 519 456 6 57 360 316 4 40

Louth 150 120 0 30 82 71 1 10

Mayo 2,610 2,119 36 455 1,365 1,010 19 336

Meath 442 361 3 78 211 171 0 40

Monaghan 585 504 5 76 152 130 0 22

Offaly 485 418 0 67 292 244 2 46

Roscommon 1,551 1,330 17 204 566 494 4 68

Sligo 958 840 14 104 372 319 14 39

Tipperary 1,162 957 6 199 533 421 2 110

Waterford 367 283 5 79 136 99 0 37

Westmeath 657 566 4 87 279 237 0 42

Wexford 792 623 4 165 272 225 2 45

Wicklow 335 270 1 64 160 108 1 51

25,825 21,511 220 4,094 11,668 9,404 124 2,140

02/03/2017WRN03250Agri-Environment Options Scheme

02/03/2017WRN03300288. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the total number of persons that applied for agri-environment options scheme, AEOS, that have received their total 2016 payment, by county, in tabular form; the number of persons that have passed all payment approval checks and are awaiting their 2016 payment; the total number of AEOS recipients that have yet to receive payment, by county [11042/17]

02/03/2017WRN03400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehen-sive administrative check, including cross-checks with the Land Parcel Identification System must take place. As all AEOS 2 participants will be receiving their final payments under the scheme, re-checks on payments made for all scheme years must be completed before final pay-ment can be processed. Officials are working through these files and payment will be made in all cases as soon as possible. All cleared cases are being paid on a weekly basis.

County Totals Paid Awaiting PaymentCarlow 49 40 9Cavan 244 198 46Clare 556 466 90Cork 428 321 107Donegal 1360 1106 254Dublin 9 9 0Galway 1245 1004 241Kerry 568 457 111Kildare 39 29 10Kilkenny 109 79 30Laois 80 54 26Leitrim 430 363 67Limerick 224 145 79


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County Totals Paid Awaiting PaymentLongford 89 58 31Louth 41 28 13Mayo 1399 998 401Meath 83 55 28Monaghan 151 93 58Offaly 110 79 31Roscommon 478 359 119Sligo 335 246 89Tipperary 245 148 97Waterford 82 59 23Westmeath 122 78 44Wexford 84 47 37Wicklow 80 56 24Totals 8,640 6,575 2,065

02/03/2017WRN03450GLAS Data

02/03/2017WRN03500289. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the number of persons that joined the first and second tranche of the green low carbon agri environment scheme that are eligible for GLAS plus payments; the estimated average payment that will be due to each eligible person for GLAS plus payments; and if he will make a state-ment on the matter. [11043/17]

02/03/2017WRN03600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The informa-tion requested by the Deputy is not currently available. To establish eligibility for GLAS+, ac-tions included in all applications must first be verified and this occurs following the calculation of the basic scheme payment for each application each year.

The current priority is the processing of outstanding basic scheme payments to which my Department has committed all available resources, after which 2016 GLAS+ entitlement will be established and payment processed.

02/03/2017WRN03650Agrifood Sector

02/03/2017WRN03700290. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the steps he has taken with relevant US authorities since it was reported that a product (details supplied) has been withdrawn from retail outlets in Wisconsin; the direct contact that has been made with relevant authorities to ensure this product is available for consumers to purchase; and if he will make a statement on the matter. [11044/17]

02/03/2017WRN03800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I am aware of this issue which relates to the implementation of local laws in the state of Wisconsin. Officials in my Department, including our Agricultural Attaché at the Irish Embassy in Washington, have kept in close contact with the company concerned to try and facilitate a solution and I under-stand that a solution to the problem is now close to finalisation. Once the technical steps are complete it should see the resumption of the sale of the product concerned again.

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02/03/2017WRN03850Basic Payment Scheme

02/03/2017WRN03900291. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the expenditure for total payments under the 2016 basic payment scheme, including the greening payment, according to BPS payment values (details supplied), in tabular form; and if he will make a statement on the matter. [11045/17]

02/03/2017WRN04000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): To date the expenditure for total payments under the 2016 Basic Payment Scheme including Greening is €1.179 bn. Please see the following table as requested.

Range Total Herdowners PaidBetween 0 and 5000 53341Between 5001 and 10000 32677Between 10001 and 20000 24117Between 20001 and 30000 7690Between 30001 and 40000 2827Between 40001 and 50000 1251Between 50001 and 60000 600Between 60001 and 70000 346Between 70001 and 80000 197Between 80001 and 90000 135Between 90001 and 100000 93Between 100001 and 110000 50Between 110001 and 120000 31Between 120001 and 130000 26Between 130001 and 140000 19Between 140001 and 150000 17>150000 37

02/03/2017WRN04050Beef Exports

02/03/2017WRN04100292. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the total amount in volume and value terms of total beef exports to Saudi Arabia in 2015 and 2016, in tabular form; the specific increase in volume and value terms that was secured during the current trade mission to the Gulf region; and if he will make a statement on the mat-ter. [11046/17]

02/03/2017WRN04200293. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the total amount in volume and value terms of total manufacturing beef exports to Saudi Arabia in 2015 and 2016; the specific details in volume and value terms secured during the cur-rent trade mission to the Gulf region; and if he will make a statement on the matter. [11047/17]

02/03/2017WRN04300Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I propose to take Questions Nos. 292 and 293 together.

Central Statistics Office figures show the following data regarding beef exports to Saudi Arabia in 2015 and 2016. These beef exports were restricted to intact cuts only and no manu-facturing or processed beef was exported as access had not been secured for them before this week.


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- 2015 2016€ 000 3405 518Tonnes 1134 197This week as part of my trade mission to Saudi Arabia, I secured agreement from the Saudi

authorities to enhance Irish beef access to now include processed, cooked, minced and bone-in beef to the range of beef products that can be exported from Ireland to Saudi Arabia. This trade had been previously confined to boneless intact cuts of beef. Part of the arrangement agreed this week in Saudi Arabia is also to have a more straightforward way of having plants approved to export to Saudi Arabia whereby they can be listed for export on the approval by DAFM and our subsequent recommendation to the Saudi authorities, should it be accepted.

It is not possible at this point to quantify exactly the effect on beef exports to Saudi Arabia but this week’s outcome is significant boost to Irish exporters by expanding the range of prod-ucts which they may export. According to the OECD, beef and veal consumption in Saudi Ara-bia in 2015 was 176,000 tonnes and is forecast to increase thanks to rising populations, higher per capita consumption and rising consumer affluence.

Whilst we exported approximately 97% of our beef exports in 2016 to EU (including the UK), I am conscious of the importance of growing third country markets as a valuable outlet for any increased Irish beef production. Indeed, this is a crucial component of the Food Wise 2025 strategy. Significant progress has been made in this context in recent years and my Depart-ment is currently in the process of attempting to secure beef access to a range of third countries including China, South Korea, Ukraine, Thailand and Vietnam. This builds on the opening of some major markets in the last two years including the US, Canada and Japan. This is a vital means of providing Ireland’s beef sector with as many commercial opportunities as possible for Irish beef in addition to our existing European markets.

02/03/2017WRN04350Knowledge Transfer Programme

02/03/2017WRN04400294. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the number of persons who have applied to the knowledge transfer group scheme under the Rural Development Programme 2014 to 2020 to date, in each of the sectors of beef, sheep, dairy, tillage, equine and poultry, in tabular form; the number of persons in each sector that have officially notified his Department that they are withdrawing participation; and if he will make a statement on the matter. [11048/17]

02/03/2017WRN04500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The number of applicants to Knowledge Transfer Groups is broken down between the sectors in the follow-ing table:

Total Beef Dairy Sheep Tillage Poultry EquineNum-ber of Par-ticipants Applied

20,252 10,072 4,258 4,310 885 248 479

To date approximately 30 withdrawals of individual farmers from the Knowledge Transfer Programme have been notified to my Department.

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02/03/2017WRO00150Knowledge Transfer Programme

02/03/2017WRO00200295. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine his views on the knowledge transfer programme under the rural development programme and the reported complaints about the high costs associated with animal health measures and veterinary charges, the tight timeframe for completing work and the high levels of bureaucracy involved which may be disincentivising greater participation in the scheme; and if he will make a statement on the matter. [11049/17]

02/03/2017WRO00300Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The Knowl-edge Transfer Programme is included in Ireland’s Rural Development Programme (RDP) 2014-2020. Year one of the scheme runs from 1st June, 2016 to 31st May, 2017, and groups and national events are underway across all sectors. My Department is continuing to engage with Group Facilitators in relation to timelines for completion and the phased roll out of the Farm Improvement Plan element of the Programme. In relation, to the costs related to the veterinary input into animal health measures, this issue featured in the negotiation of the Programme with the EU Commission and veterinary costs are not eligible under the articles of the Rural Devel-opment Regulation on which the Knowledge Transfer Programme is based. However, costings for the farmers’ time in completing the animal health measures in conjunction with a veterinary practitioner are included in payments to farmers.

02/03/2017WRO00350Knowledge Transfer Programme

02/03/2017WRO00400296. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine if consideration will be given to extending the 31 May 2017 deadline for completion of works and actions under the knowledge transfer scheme in view of the fact that Teagasc, veteri-nary professionals and knowledge transfer protocol group facilitators have called for an exten-sion; and if he will make a statement on the matter. [11050/17]

02/03/2017WRO00500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The Knowl-edge Transfer Programme is included in Ireland’s Rural Development Programme (RDP) 2014-2020. Year one of the scheme runs from 1st June, 2016 to 31st May, 2017. Groups and national events are underway across all sectors, and at present there are no plans to extend the 31st of May, 2017 deadline.

02/03/2017WRO00550Live Exports

02/03/2017WRO00600297. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the live export fees currently in place for each livestock sector, in tabular form; and if he will make a statement on the matter. [11051/17]

02/03/2017WRO00700Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Veterinary in-spection fees payable on animals exported live from the state are set out in the following table.

Veterinary Inspection Fees on live exports of animals

Species Amount Note Bovine over 3 months of age

€4.80 per animal


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Species Amount Note Bovine under 3 months of age

€1.20 per animal

Cervine €4.80 per animal Equine €12.50 per equine Ovine/caprine €0.50 per animal Porcine (to NI) €0.63 per animal Maximum fee per inspec-

tion visit - €95 Porcine (other than to NI) €1.20 per pig Payment capped at maxi-

mum of 125 pigs per load Canine/Feline exported to non-EU

€50 per certificate

The following levies are payable under Section 37 of An Bord Bia Acts 1994 (as amended) on animals exported live from the State (or slaughtered in Ireland):

Species RateBovine €1.90 per headSheep €0.25 per headPigs €0.35 per headDisease Levies of €1.27 per bovine animal are also payable on all cattle exported live from

the State (or slaughtered in Ireland) in order to ensure that the farming sector contributes finan-cially to the TB disease eradication scheme.

I am very conscious of the vital role that live exports play in stimulating price competition and providing an alternative market outlet for farmers. The ongoing search for new third coun-try markets is a top priority for my Department, particularly in the context of the challenges posed by the upcoming UK exit from the EU.

In relation to veterinary inspection fees on live exports of calves, the fees payable on young-er bovines had been somewhat disproportionate on a consignment basis relative to older ani-mals. I have now moved to correct that anomaly and I am satisfied that this new arrangement is more equitable and will encourage exports.

Total live exports of cattle amounted to 146,000 in 2016. The continental market for young calves has traditionally been important for dairy farmers, providing an important source of income and underpinning the market for such stock. The export of these calves reduces the potential for over-supply of adult cattle at a later stage, which would put the beef market under pressure. In 2017, exports of live cattle have increased year on year to 5, 000 from 4, 482 (up to 19 February).

The value of live pig exports amounted to approximately €45m last year, with about 414,000 head exported to Northern Ireland. Sheep exports rose to nearly 48, 000 head last year, up from 32, 000 in 2015.

02/03/2017WRO00750Brexit Issues

02/03/2017WRO00800298. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine his views on the way a hard Border between the North and South following Brexit could

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affect knackery services; and if he will make a statement on the matter. [11052/17]

02/03/2017WRO00900Minister for Agriculture, Food and the Marine (Deputy Michael Creed): There are 40 knackeries (Category 2 Intermediate plants) approved to operate under the supervision of my Department in accordance with the standards laid out in the EU and national Animal By-Product Regulations.

The potential impact on animal collection of a hard border between north and south after Brexit is likely to be limited as the knackeries are approved to operate as collectors of fallen animals in this jurisdiction only, although they may in some cases, subject to compliance with the conditions of our TSE (Fallen Animal Subsidy) Scheme and authorisation by the Northern Ireland authorities, transport the fallen animal material to the North for disposal by rendering.

The total numbers of fallen bovines collected by animal collectors in recent years are 264,138 in 2016, 237,779 in 2015 and 228,460 in 2014.

02/03/2017WRO00950Poultry Industry

02/03/2017WRO01000299. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine his plans to safeguard the free range status of poultry farmers, in terms of labelling require-ments, after 17 March 2017 in view of the restrictions currently in place due to avian flu; and if he will make a statement on the matter. [11053/17]

02/03/2017WRO01100Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The EU Regu-lations which lay down detailed rules regarding marketing standards for eggs and poultrymeat including minimum requirements that must be met in order to use the term “Free Range”, including rules around access to the range, also provide for situations where veterinary re-strictions are imposed to protect public and animal health, as is the case currently in Ireland, whereby eggs and poultrymeat may continue to be marketed as “Free Range” for the duration of the restriction but not for more than 12 weeks. In Ireland, the 12 week period expires on the 17th of March 2017.

Cognisant of the specific impact of the expiration of the 12 week period on the marketing of free range eggs and free range poultrymeat, DAFM have engaged in consultations and invited feed-back from stakeholders, including producers, processors, retailers and their representative organisations on labelling requirements after the 17th March 2017.

The Department now intends to write to all free range egg and poultrymeat producers to advise them of procedures to follow and on the necessary actions to be undertaken to comply with the marketing standards regulations should the housing restriction remain in place after the 17th March 2017. The Department have produced a guidance note on the marketing of free range eggs and poultrymeat in the event that the housing restrictions continue beyond 12 weeks and this will issue to all free range egg and free range poultrymeat producers without delay.

The decision to maintain the Avian Influenza (Precautionary Confinement of Birds) Regula-tions 2016 is subject to regular review by officials in my Department.

02/03/2017WRO01150Common Agricultural Policy Reform

02/03/2017WRO01200300. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine his views on proposals at European level to allow member states to decide their own defini-tion of an active famer; the work ongoing in his Department on developing a national definition;


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and if he will make a statement on the matter. [11054/17]

02/03/2017WRO01300Minister for Agriculture, Food and the Marine (Deputy Michael Creed): As part of the Commission’s Omnibus Proposal, which proposes a limited number of simplification-related changes to the CAP reform regulations, the Commission, in recognition of the difficulties be-ing experienced by Member States in implementing the three criteria for being regarded as an active farmer, has proposed that Member States should have the possibility of being able to use just one or two of the criteria. This flexibility applies to the Direct Payments and Rural Devel-opment regulations.

Ireland supports the Commission’s proposal to simplify the definition of the active farmer. We will await the outcome of discussions at EU level before amending the current definition of active farmer in Ireland.

It should be noted that Ireland applied the three criteria set out in the EU Regulations regard-ing the active farmer in 2015 and 2016 and all farmers otherwise eligible for the Basic Payment Scheme have satisfied the active farmer requirements.

02/03/2017WRO01350Alternative Farm Enterprises

02/03/2017WRO01400301. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the grant aid support available for producing industrial chemicals from beet; and if he will make a statement on the matter. [11055/17]

02/03/2017WRO01500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): By way of explanation I would like to give the Deputy a short background to this issue. In 2011 the then Minister met with two separate groups which had conducted feasibility studies into the pos-sibility of establishing a new sugar and bioethanol production facility, using sugar beet, in this country. The figures published by the interested groups who are investigating the possibility of building a new facility, indicate that the overall capital cost costs involved could range from €250million to €400million, depending on what type of facility will be constructed.

The Minister informed both groups at the time and many times since in the Dáil and through the media, that any venture to develop a combined sugar/bioethanol production facility in Ire-land, would have to be a viable commercial proposition, and supported by a sufficiently robust business case in order to attract the funding from investors for the very substantial capital in-vestment required. Minister Coveney clearly informed both groups at the time that it was his job to look for agreement at EU level to allow for the growing of sugar beet for the manufacture of sugar, at the earliest possible date. In this connection, he secured agreement as part of the overall CAP reform package at the final EU Council of Agriculture Ministers, which he chaired in June 2013, to abolish all sugar quotas by 30 September 2017. This agreement removes, with effect from 1 October 2017, the current EU quota barrier for operators in Ireland or other Mem-ber State, wishing to re-establish a sugar industry.

At the time, this agreement was welcomed by those parties who are interested in seeking to re-establish a sugar industry here. It is now up to those same entities to move the project for-ward and to garner sufficient commercial and financial support to turn their plans into a viable reality. The Programme for a Partnership Government makes clear that “State enterprise bodies will be asked to examine any substantial business plans related to rebuilding the industry with a view to considering appropriate State supports”.

Also there is also an EU funding opportunity under the Bio-Based Industries Joint Under-taking that is relevant for the production of biobased materials including industrial chemicals

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from renewable biobased resources. This is a €3.7 billion Public-Private Partnership between the EU and the Bio-based Industries Consortium. This competitive fund operates under Ho-rizon 2020 and is driven by the vision and strategic innovation and research agenda (SIRA) developed by the Biobased Industries Consortium. This fund contains options for research and innovation, pilot and demonstration, coordination and support and Flagship/Facility actions. This competitive funding option has to date funded over 35 projects including a demonstration action for processing underutilised low value sugar beet pulp into value added products. See http://pulp2value.eu/ for further details. My Department promotes and supports participation in this competitive funding opportunity and would be happy to explain it further to any interested parties. I hope this explains the position.

02/03/2017WRO01550Tuberculosis Eradication Programme

02/03/2017WRO01600302. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine his views on policy actions to manage the spreading of TB via deer in an area (details sup-plied); and if he will make a statement on the matter. [11057/17]

02/03/2017WRO01700Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Responsibility for and the management of wild deer on public lands lies with the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs. My Department monitors the incidence of TB in wild deer nationally through the analysis of suspect lesions or carcases submitted by farmers and hunters who are permitted to slaughter deer under licence from that Department. Submissions of deer samples from the area referred to have indicated that there has been no confirmed case of TB in the area since 2014.


02/03/2017WRO01800303. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the specific Council of EU Fisheries Ministers meetings at which he made the case for pro-tecting Irish fishing interests during the UK’s two year exit phase from the EU and subsequent transition phase since taking office; the date of every such meeting at which this was raised, in tabular form; and if he will make a statement on the matter. [11058/17]

02/03/2017WRO01900304. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Ma-rine the specific Council of EU Fisheries Ministers meetings at which he made the case to pro-tect the current Hague preferences in future Brexit negotiations since taking office; the date of every such meeting at which this was raised, in tabular form; and if he will make a statement on the matter. [11059/17]

02/03/2017WRO02000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I propose to takes Questions Nos. 303 and 304 together.

There have been no formal discussions at the Council of Agriculture & Fisheries Minsters concerning Brexit to date. This is consistent with the overall EU position of not commencing negotiations before the invocation of Article 50 by the UK. In that context it would be inappro-priate for Ireland or indeed any other Member State to raise the possible impact of Brexit upon their respective fishing industries within these particular meetings.

That said, there has been substantial work on analysis and scenario building relating to the potential impact of Brexit on our seafood sector. My Department, together with its agen-cies and stakeholders, has been considering all of the possible impacts of Brexit, looking at the


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areas where the greatest risks will arise and on which we will need to focus when the negotia-tions begin. Ensuring that our fishing interests are reflected in the overall EU negotiating posi-tion will be a key priority.

I have established a dedicated Brexit unit in my Department, and a consultative committee of stakeholders has been convened in order to ensure a full exchange of information as negotia-tions proceed. My Department organised a dedicated Civic Dialogue on the Impact of Brexit for the Seafood Sector which was held last month. This was an excellent and well attended engagement dealing with all of the potential issues and we will continue to have an ongoing dialogue with key stakeholders. Subsequent to that, I arranged for all of the main fisheries sec-tor representatives to meet with An Taoiseach to outline their concerns and priorities.

I have had 3 separate meetings with Fisheries Commissioner Vella where I have discussed Ireland’s concerns regarding Brexit as well as a number of key bilaterals with other Ministers, many more of which are planned in the coming weeks and months. In addition, my officials are in constant contact with their counterparts in the European Commission and relevant Member States.

In all of these meetings I and my officials have stressed that, along with our other concerns, maintaining the Hague Preferences will be a key objective for Ireland. Every December we have to resist attempts by some Member States to block the application of the Hague Prefer-ences but as far as I am concerned they are an integral part of the CFP and I see no reason why Ireland should not continue to receive the same level of benefits from the Hague Prefer-ences post Brexit.

I will remain in close contact with fisheries stakeholders as the issues develop and work with them, my fellow fisheries Ministers and the Commission to ensure that we are all fully prepared for what are likely to be extremely complex negotiations.

02/03/2017WRO02050Departmental Staff

02/03/2017WRO02100305. Deputy Michael D’Arcy asked the Minister for Agriculture, Food and the Marine the criteria that the Public Appointments Service, PAS, implements when vacancies arise in his Department for veterinary inspectors; the way in which PAS decides on the persons called for interview; the appeals policy in place; the number of days applicants have to appeal; the num-ber of persons hired; the number retired from his Department; the age profile of the successful applicants; the recent Civil Service employment status of those who were called for interview; the age profile of those who were turned down for interview; and if he will make a statement on the matter. [11068/17]

02/03/2017WRO02200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The competi-tion to recruit Veterinary Inspectors is being administered by the Public Appointments Service (PAS) on behalf of my Department. The post was advertised by PAS on 14 October 2016 with a closing date of 3 November 2016. The competition is ongoing and my Department understands that the Public Appointments Service will hold interviews in March.

All aspects of the competition including the application process, selection of assessment methods, the number of candidates called to each stage of the competition and the issuing of results is a matter for the Public Appointments Service. Similarly all records relating to the competition are held by PAS and my Department is not in a position to provide any statistical analysis of the candidates.

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02/03/2017WRO02225Areas of Natural Constraint Scheme Payments

02/03/2017WRO02300306. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine when an areas of natural constraint, ANC, payment will issue to a person (details sup-plied); the reason for the delay; and if he will make a statement on the matter. [11073/17]

02/03/2017WRO02400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): An applica-tion under the 2016 Areas of Natural Constraints Scheme was received from the person named on 5 May 2016 and their Sheep/Goat census return was received on 19 May 2016.

The Terms and Conditions of the 2016 ANC scheme state that under EU Regulation 21/2004, all flock owners/sheep keepers are obliged to count the sheep in their flock on their holding, re-cord this number in the flock register and thereafter are obliged to return this number to my De-partment via the annual Sheep/Goat Census return by the closing date of 29 January 2016 and before 16 May 2016 for ANC purposes.

The person named has recently been informed that the late return of the census means his application can not be accepted, and of their right to seek a review of this decision within ninety days to the Agricultural Appeals Office.

02/03/2017WRO02450Greyhound Industry

02/03/2017WRO02500307. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine the rea-son the pension agreements with the Irish Greyhound Board, IGB, have not been honoured and the parameters changed for an organisation (details supplied) in County Westmeath; and if he will make a statement on the matter. [11099/17]

02/03/2017WRO02600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958 under the Greyhound Industry Act, 1958, chief-ly to control greyhound racing and to improve and develop the greyhound industry.

Bord na gCon has informed me that the Bord na gCon DB Plan pension scheme has been in deficit since 2008. The Trustee of the Plan (Irish Pension Trust Ltd) was required to put a Benefit Reduction and Funding Proposal in place in September 2016 under Section 49 and 50 of the Pensions Act which was approved by the Irish Pension Authority.

Under the Funding Proposal future pension service for current DB Plan members after 01 January 2019 will be required to move to DC plan accrual.

Staff members of the DB Plan and their trade union representatives were consulted about these changes and the details of the new DC scheme.

02/03/2017WRO02650Agriculture Scheme Payments

02/03/2017WRO02700308. Deputy Kevin O’Keeffe asked the Minister for Agriculture, Food and the Marine if he will arrange to have a payment issued in respect of a person (details supplied) in County Cork. [11100/17]

02/03/2017WRO02800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): My Depart-ment provides financial support measures for farmers under the Bovine Viral Diarrhoea pro-gramme (BVD). Payment is contingent on disposal of all persistently infected (PI) animals born in the herd within timeframes set down in the Terms and Conditions. For Dairy herd ani-


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mals born in 2015, payment is only available in respect of dairy breed heifer calves, no supports are available for cross breed calves. The animal to which the herdowner refers is a female dairy cross calf, therefore no payment is due.


02/03/2017WRO02900309. Deputy Kevin O’Keeffe asked the Minister for Agriculture, Food and the Marine if, before the decision was made to sell Harold’s Cross greyhound track, there was any valuation completed of the premises under certain criteria (details supplied). [11101/17]

02/03/2017WRO03000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon has statutory responsibility for the development of the greyhound racing industry. In that con-text, it runs commercial operations in a number of greyhound stadia, including Harold’s Cross.

As recommended within the Indecon report Harold’s Cross is being included in the asset disposal programme currently being implemented by Bord na gCon. Proceeds from the sale will be used to reduce BNG’s significant debt burden.

The detail requested by the Deputy is of a commercially sensitive nature and if released may compromise the sales process.


02/03/2017WRO03100310. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the additional supports that have been provided for the mushroom sector since the fall in the value of sterling following the British referendum on membership of the European Union; and if he will make a statement on the matter. [11106/17]

02/03/2017WRO03200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I am keenly aware of the challenges that the mushroom sector is experiencing in the aftermath of the UK Referendum decision last June to exit the EU, particularly in light of recent fluctuations in cur-rency. I am focused on working with the industry to meet these difficulties in the months and years ahead.

Budget 2017 underpins my Department’s efforts through strategic investment in key areas, such as in its agencies and in the agrifood sector. As part of Budget 2017 I secured an addi-tional €700,000 in funding for capital investments in the Commercial Horticulture sector. This means that this year’s budget for the scheme will be €5 million. In addition, the Horticulture sector will have access to the €150 million low interest cash flow support loan fund announced in Budget 2017 providing access to highly flexible loans for up to six years, for amounts up to €150,000, at an interest rate of 2.95%.

The impact that the devaluation of Sterling is having on mushroom producers and grower margins is a problem that has happened over a very short space of time. Grower production of this highly perishable product must be well aligned with demand and the mushroom sector, like many other exporting sectors, is particularly at risk because of the high dependency on the UK market. I am monitoring the situation regarding Sterling volatility closely and I have also established in my own Department a dedicated unit to consider the direct impact of Brexit on our industry. Although it is still a serious situation, the Sterling exchange rate has stabilised and is now holding at around 85p to the Euro.

My Department, along with the various State agencies, in particular Bord Bia, Teagasc

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and Enterprise Ireland, are working closely with the industry to provide the necessary support and assistance. Bord Bia is actively supporting the sector in the areas of Market Intelligence, UK consumer research and Quality Assurance. Towards the end of 2016 they held a currency and negotiation workshop specifically targeted at the sector which I understand was very well received by the mushroom industry. Bord Bia is also running a Marketing Intensification Pro-gramme which aims to provide targeted marketing supports to companies with high dependen-cy on UK markets. Grant supports will be prioritised to assist companies in strengthening their position in that market, and in their efforts to identify new markets. The CEO of Bord Bia and I have held a series of meetings with senior executives from the UK retailers, to highlight the obstacles that our producers are facing. I understand that representatives of mushroom grow-ers have recently met with a more positive reaction from their UK Multiple customers, to their need for fair and reasonable returns for their produce from the marketplace. Funding has also been made available for a pilot programme on LEAN processes through Bord Bia and Enter-prise Ireland. The programme has commenced with 6 mushroom growers, to assess efficiency across all aspects of the business, including supply chain, innovation, marketing and logistics. It is hoped that a template could be developed through this programme that will enable growers to optimise their production costs further.

I would also draw attention to support being provided to the industry through National and EU Schemes.

Under the National Development Plan (NDP) 2007 – 2013 my Department implemented the Scheme of Investment Aid for the Development of the Commercial Horticulture Sector. During this period my Department paid out over €4 million in grant payments to mushroom growers which supported €10.1 million in investment.

To ensure ongoing support for the sector, my Department extended, under EU sanction, the Scheme of Investment Aid for the Development of the Commercial Horticulture Sector to run until 31 December 2019. In the years to 2016, a further amount of €2.0 million in grant aid was paid to mushroom growers. The grant aid paid supported some €5.0 million in investment by these growers.

Under the 2017 Scheme of Investment Aid for the Development of the Commercial Horti-culture Sector, my Department received a total of 164 applications, 20 of these from mushroom growers. All applications received are currently being assessed. I have also provided a com-mitment to ensure that payments under this scheme are made as early as possible, so as to try to alleviate any financial pressure that growers are currently facing.

The EU Producer Organisation Scheme is also a vital support for mushroom growers, with around 80% of Irish growers in a producer organisation at present. This scheme provides an important mechanism for growers to achieve greater bargaining power in the marketplace by becoming part of a larger supply base. Between 2005 and 2016, a total of €40.5 million was paid to mushroom producer organisations as part of the EU Producer Organisation scheme.


02/03/2017WRO03300311. Deputy Kevin O’Keeffe asked the Minister for Agriculture, Food and the Marine the role and brief of a person (details supplied) appointed to the Irish Greyhound Board. [11107/17]

02/03/2017WRO03400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958 under the Greyhound Industry Act, 1958, chief-ly to control greyhound racing and to improve and develop the greyhound industry. Bord na


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gCon is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

While the issue referred to by the Deputy is an operational matter for Bord na gCon, the body has informed me that the current Chief Executive Officer (CEO) has been appointed on a six month fixed term contract. Part of the CEO brief is implementing the strategic direction of Bord na gCon as informed by the Indecon Report and as instructed by the Board.


02/03/2017WRO03500312. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the measures that have been introduced to assist sectors that are heavily or totally dependent on the sterling area for their export markets and that have been impacted negatively since the British referendum on EU membership and the fall in the value of sterling; and if he will make a state-ment on the matter. [11108/17]

02/03/2017WRO03600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): I am acutely aware of the challenges that arise for the agri-food and fisheries sectors as a result of the Brexit vote. I have taken a number of steps to date in an effort to both mitigate the short-term impact of the fall in the value of sterling against the euro, and to prepare for the longer-term implica-tions that are likely to arise in areas such as tariffs and trading arrangements, and border con-trols and certification requirements.

The currency challenges are being addressed through a number of measures that I have in-troduced under Budget 2017, including the new €150 million low-cost loan scheme, additional agri-taxation measures, and increased funding under the Rural Development Programme and the Seafood Development Programme. I have also allocated significant additional resources to Bord Bia (an additional €1.6m in 2016 and €2m in 2017) and to BIM so that they can provide Brexit-related supports to affected companies. As regards the longer-term impacts, analysis by my Department and its agencies is ongoing, and we are continuing to engage with Member States and with EU institutions to ensure that the concerns of the agri-food and fisher-ies sectors are fully taken on board in the course of the negotiations.

I can assure the Deputy that these efforts will continue, and that progress will be monitored on an ongoing basis in consultation with the affected sectors through my Department’s Consul-tative Committee of Stakeholders on Brexit and the All Island Civic Dialogue.

02/03/2017WRO03650GLAS Payments

02/03/2017WRO03700313. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment in respect of a person (details supplied); and if he will make a statement on the matter. [11109/17]

02/03/2017WRO03800Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The person named was approved into GLAS 1 with a contract commencement date of the 1 October 2015 and has received full entitlements in respect of the 2015 scheme year.

The 2016 prepayment checking process established that my Department has no record of receiving a completed Interim Commonage Management Plan (CMP) for one of the common-ages of the person named. My Department issued the Interim CMP form to the approved com-monage advisor for completion but the person named has not signed it. Upon receipt of a sat-

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isfactorily completed CMP form, the application of the person named will be further processed for 2016 payment.


02/03/2017WRO03900314. Deputy Kevin O’Keeffe asked the Minister for Agriculture, Food and the Marine if other options were explored before the Irish Greyhound Board took the decision to sell Harold’s Cross greyhound track; his views on whether the board took the easiest possible option, which was to sell the track; if the board had any less strategic or less used assets to sell other than the Harold’s Cross tragic; and if the board made any attempt to renegotiate its loan with a bank (details supplied). [11111/17]

02/03/2017WRO04000Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon is a commercial State body, established in 1958, under the Greyhound Industry Act, 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry.

The Indecon Report identified a number of assets to be disposed of to reduce Bord na gCon’s level of debt. Bord na gCon has already disposed of the old Henry Street Head Office in Limerick. The Harold’s Cross stadium is the most likely of the asset disposal to return suf-ficient funds to make a substantial contribution towards debt reduction by Bord na gCon.

Other recommendations designed to improve BNG’s financial performance, viz. calibration of races at underperforming tracks and the development of new products, such as co-mingling, were explored, but these measures on their own, were not sufficient to resolve the debt issue.

Bord na gCon has informed me that bank debt has been reduced by circa €2.0m between 2015 and 2016 and that they have recently entered negotiations with Allied Irish Bank to re-structure the remaining loan facility.


02/03/2017WRO04100315. Deputy Kevin O’Keeffe asked the Minister for Agriculture, Food and the Marine the exact date on which the decision was made to close Harold’s Cross greyhound stadium; the person or body that specifically made this decision; when he was notified of this decision; if he was given prior notice of its closure; and if he expressed any views to those persons who took this decision before this information became public, in view of the fact that his Department is a shareholder and provides funding to the greyhound industry. [11118/17]

02/03/2017WRO04200Minister for Agriculture, Food and the Marine (Deputy Michael Creed): Bord na gCon has statutory responsibility for the development of the greyhound racing industry. In that con-text, it runs commercial operations in a number of greyhound stadia, including Harold’s Cross.

On 13th February the Board of Bord na gCon took the decision to cease greyhound racing in Harold’s Cross. The Department of Agriculture, Food and the Marine was informed of the decision after the Board meeting.

While this development is very regrettable, Bord na gCon’s view is that there is no other option if the burden of debt on the organisation is to be reduced in any meaningful way. I un-derstand that its intention is to transfer the Harold’s Cross racing schedule to Shelbourne Park, a few kilometres away, and that all 12 staff at Harold’s Cross will be offered redeployment.


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02/03/2017WRO04250Single Payment Scheme Applications

02/03/2017WRO04300316. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine if he will review the case of a person (details supplied) with regard to a single farm payment; and if he will make a statement on the matter. [11123/17]

02/03/2017WRO04400Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The penalty applied under the 2014 Single Payment Scheme relates to breaches of the Cross Compliance requirements, specifically in relation to nitrates.

My Department will accept the Deputy’s question and supporting documentation as a re-view request on behalf of the person named. No request for review has previously been re-ceived by the Department.

This review request will now be examined by officials in my Department and the person named will be notified directly of the outcome as soon as possible. In the event that the person named is dissatisfied with the outcome of this review, the decision can be appealed to the inde-pendent Agriculture Appeals Office, within 3 months.

02/03/2017WRO04450Basic Payment Scheme Payments

02/03/2017WRO04500317. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when pay-ments will issue to a person (details supplied); and if he will make a statement on the matter. [11127/17]

02/03/2017WRO04600Minister for Agriculture, Food and the Marine (Deputy Michael Creed): An applica-tion under the Private Contract Clause measure of the 2015 Basic Payment Scheme was sub-mitted to my Department by the person named on 18 May, 2015 seeking the transfer of land and entitlements by lease as transferee. This application was accepted and payment issued on 1 December, 2015.

The person named submitted a request to have a review on the number of entitlements al-located under the Private Contract Clause measure on 9 December, 2016. This review has now been examined and has been deemed successful. Letters have issued to both parties informing them of their amended entitlement position. A supplementary payment will issue to the person named shortly.

02/03/2017WRP00150Legislative Process RIA

02/03/2017WRP00200318. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the legislative proposals published by his Department between 2011 to 2016 that underwent a regu-latory impact assessment; the legislative proposals published by his Department that did not un-dergo a regulatory impact assessment; and if he will make a statement on the matter. [11145/17]

02/03/2017WRP00300Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The following Bills published by my Department in the period 2011 to 2016 underwent regulatory impact as-sessment - Veterinary Practice (Amendment) Bill 2011, Welfare of Greyhounds Bill 2011, Ani-mal Health and Welfare Bill 2012, Forestry Bill 2013, Johnstown Castle Agricultural College (Amendment) Bill 2014 and the Horse Racing Ireland Bill 2015. The Foreshore (Amendment) Bill 2011 was the only Bill published by my Department in the period in question that was not subject to a regulatory impact assessment. It was introduced to provide clarity following the

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transfer of some the foreshore functions to the then Dept. of Environment, Community and Lo-cal Government.


02/03/2017WRP00400319. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if regu-latory impact assessments for legislative proposals published by his Department include im-pacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11160/17]

02/03/2017WRP00500Minister for Agriculture, Food and the Marine (Deputy Michael Creed): The impacts mentioned are part of the regulatory impact assessment process and were considered in the de-velopment of the Bills subjected to that process.

02/03/2017WRP00550Areas of Natural Constraint Scheme Payments

02/03/2017WRP00600320. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine when an areas of natural constraint, ANC, payment will issue to a person (details sup-plied); the reason for the delay; and if he will make a statement on the matter. [11175/17]

02/03/2017WRP00700Minister for Agriculture, Food and the Marine (Deputy Michael Creed): An applica-tion under the 2016 Areas of Natural Constraint (ANC) Scheme was received in my Depart-ment from the person named on 29 April 2016.

Under the 2016 ANC Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year.

Payment under the ANC scheme has not issued in this case as, at this stage, the holding con-cerned has not satisfied the scheme’s minimum stocking density requirements of seven consec-utive months. An official from my Department has been in direct contact with the nominated agent for the person named regarding this matter.

02/03/2017WRP00750Broadcasting Sector Regulation

02/03/2017WRP00800321. Deputy Donnchadh Ó Laoghaire asked the Minister for Communications, Climate Action and Environment if amateur boxing is included in any of the required free-to-air agree-ments regarding sports events with RTÉ. [10855/17]

02/03/2017WRP00900Minister for Communications, Climate Action and Environment (Deputy Denis Naughten): Amateur boxing is included in the Summer Olympics which is designated as an event of major importance to society to be made available for broadcasting on a free to air basis.

The events currently designated by Order (S.I. 99/2003 since 2003) are as follows:

Live:

- The Summer Olympics

- The All-Ireland Senior Inter-County Football & Hurling Finals


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- Ireland’s home and away qualifying games in the European Football Championship and the FIFA World Cup Tournaments

- Ireland’s games in the European Football Championship Finals Tournament and the FIFA World Cup Finals Tournament

- Ireland’s games in the Rugby World Cup Finals Tournament

- The Irish Grand National and the Irish Derby

- The Nations Cup at the Dublin Horse Show

Deferred:

- Ireland’s games in the Six Nations Rugby Football Championship.

02/03/2017WRP00950Postal Codes

02/03/2017WRP01000322. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that the Eircode website was down for approximately 24 hours over the weekend of 25 and 26 February 2017; and his views on the matter. [10874/17]

02/03/2017WRP01100323. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Climate Action and Environment his views on the fact that a piece of national infrastructure such as the Eircode website can have a 24-hour outage; and if consideration will be given to a more resilient offline global positioning service-based code for emergency services as a back-up. [10875/17]

02/03/2017WRP01200Minister for Communications, Climate Action and Environment (Deputy Denis Naughten): I propose to take Questions Nos. 322 and 323 together.

Capita Business Support Services Ireland, trading as Eircode, was awarded a 10 year con-tract in December 2013 to develop, implement, maintain and promote the National Postcode System “Eircode”.

My Department referred the issue raised by the Deputy to Capita who have informed my officials that the Eircode Finder website, which remains very popular with the public with just under 10 million searches since the finder went live, was fully operational and not affected by the technical issues experienced by the Eircode website. The Eircode website is used to provide information about the Eircode system, including a directory of Eircode Business Providers.

The National Ambulance Service (NAS) have integrated Eircodes into their own Computer Aided Dispatch system (CAD) and were not impacted. Having the Eircode integrated within the NAS system means that the patient’s address and the position of the nearest available am-bulance can be accurately pinpointed on a digital map. Enabling an ambulance to quickly and accurately be routed to someone in need of medical help. In addition, Google now integrate Eircodes within their Google Maps app, both offline and online for use with GPS devices, was unaffected by the outage.

The Eircode website is now fully operational and Capita have informed my Department that the technical issues they experienced is currently being investigated and their engineers are monitoring the situation.

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02/03/2017WRP01250Brexit Issues

02/03/2017WRP01300324. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the communications he has held with his UK counterpart with regard to the de-cision of the UK to withdraw from Euratom; and if he will make a statement on the matter. [11094/17]

02/03/2017WRP01400Minister for Communications, Climate Action and Environment (Deputy Denis Naughten): The decision of the UK Government to withdraw from the Euratom Treaty was confirmed on 26 January, 2017 on the publication of the Bill seeking Parliamentary approval to issue notification of the UK’s intention to withdraw from the EU. I have not, as yet, received any correspondence or engaged with my UK counterpart on this matter. Officials in my Depart-ment are examining the consequences of this decision and, over the coming months, will en-gage as appropriate with the UK Department for Business, Energy and Industrial Strategy and the UK Office for Nuclear Regulation, through the UK-Ireland Contact Group on Radiological Matters. A regular bi-annual meeting of this group is scheduled for late April where the mat-ter will be discussed and further discussions will be arranged as appropriate.

There are no immediate safety or security concerns as the UK remains a member of Eura-tom and the UK nuclear industry remains subject to oversight by the EU institutions until such time as their withdrawal from the EU is finalised, a process expected to take at least two years following notification.

The UK also applies the strict international standards on nuclear safety and security laid down by the International Atomic Energy Agency, and that will continue to be the case post Brexit.

02/03/2017WRP01450Carbon Budget

02/03/2017WRP01500325. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the status of reforms to the emissions trading scheme directive post-2021; and if he will make a statement on the matter. [11095/17]

02/03/2017WRP01600Minister for Communications, Climate Action and Environment (Deputy Denis Naughten): The Emissions Trading Scheme (ETS) is one of the main policies of the Euro-pean Union to reduce greenhouse gas (GHG) emissions in a cost-effective manner. Emissions Trading is a “cap and trade” scheme, whereby an EU wide cap or limit is set for participating installations. This cap is reduced over time so that total emissions are reduced. Within this cap, “allowances” for emissions are auctioned or allocated for free. Individual installations must report on their emissions on an annual basis and surrender sufficient allowances to cover their emissions, purchasing additional allowances if necessary.

The ETS includes 11,000 installations (98 in Ireland) and accounts for roughly 45% of EU emissions (25% of Irish emissions). The ETS was launched in 2005 and is currently in its third phase, covering the period 2013 to 2020.

Negotiations are currently under way regarding the design of the ETS for the post-2020 (Phase IV) period. On the basis of European Commission proposals, Member States in the Council, including Ireland, have been engaged in negotiations to ensure that the reformed ETS is able to meet its GHG reduction objectives in a cost-effective manner.

At a meeting of the Environment Council on 28 February, agreement was reached on a


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general approach on the revised ETS proposal, a position Ireland was able to support. This will now enable the Council to begin negotiations with the European Parliament on the proposal. It is currently anticipated that this process will reach a conclusion later this year.

02/03/2017WRP01650Broadband Service Provision

02/03/2017WRP01700326. Deputy Brendan Smith asked the Minister for Communications, Climate Action and Environment the details of plans to upgrade the broadband telecommunications infrastructure in an area (details supplied); if the requests of local residents and local business to have an ad-equate and modern broadband service provided in that area without further delay will be given urgent and favourable consideration; and if he will make a statement on the matter. [11105/17]

02/03/2017WRP01800Minister for Communications, Climate Action and Environment (Deputy Denis Naugh-ten): The National Broadband Plan (NBP) aims to deliver high speed broadband services to every city, town, village and individual premises in Ireland. The Programme for Government commits to the delivery of the NBP as a matter of priority. This is being achieved through a combination of commercial investment by the telecommunications sector and a State Interven-tion in those areas where commercial investment has not been fully demonstrated.

A key principle of the NBP is to support and stimulate commercial investment through policy and regulatory measures. Commercial investment since the publication of the NBP has considerably exceeded expectations. To date, the commercial telecommunications sector has invested over €2.5bn in upgrading and modernising networks which support the provision of high speed broadband and mobile telecoms services.

There has been significant progress in relation to broadband rollout so that today, approxi-mately 1.4m or 61% of premises in Ireland can get high speed broadband of a minimum of 30 Megabits per second. The NBP has been a catalyst in encouraging investment by the telecoms sector, which is continuing to expand this footprint.

The High Speed Broadband Map, which is available at www.broadband.gov.ie shows the current extent of the State Intervention area:

- The areas marked BLUE represent those areas where commercial telecommunications providers are either currently delivering or have previously indicated plans to deliver high speed broadband services,

- The areas marked AMBER on the High Speed Broadband Map represent the target ar-eas for the State Intervention, which are the subject of the current procurement process. It is intended that premises within this area will have access to services of at least 30 megabits per second when the procurement process is completed and the network rolled out.

The area of Latton, Co. Monaghan falls within the AMBER area and will therefore be in-cluded in the State intervention procurement process.

Individuals can check whether their premises is in a BLUE or an AMBER area by accessing the High Speed Broadband Map and entering their Eircode. Individuals can also check whether their area is in a BLUE or AMBER area by accessing the county and townland information at http://www.dccae.gov.ie/communications/en-ie/Broadband/Pages/County-and-Townland-Maps.aspx.

A formal procurement process is in train to select a company or companies who will roll-out a new high speed broadband network within the State Intervention Area. My Department will

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shortly update the High Speed Broadband map to finalise the Intervention Area for the Procure-ment process, taking into account industry investments that have not materialised in Blue areas, together with new industry investments within the proposed State Intervention Area, along with concrete and credible commitments by industry for further new investments within the Intervention Area.

The procurement process is being intensively managed, to ensure an outcome that delivers a future-proofed network that serves homes and businesses across Ireland, for at least 25 years. Intensive dialogue with bidders is continuing and the three bidders have indicated that they are proposing a predominantly fibre-to-the-home solution. This provides for a future proofed solution for the 25 years of the contract and beyond. A fibre-to-the-home solution means that householders and businesses may get speeds not just of 30 Megabits per second but much higher, potentially up to 1000 Megabits per second.

The timeframe for the procurement continues to be dependent on a range of factors includ-ing the complexities that may be encountered by the procurement team and bidders, during the procurement process. During the Department’s extensive stakeholder consultations in 2015, telecommunications service providers indicated a 3-5 year timeline to rollout a network of the scale envisaged under the NBP.

As part of the competitive process, the Department will engage with winning bidder(s) on the best rollout strategy, in order to target areas of particularly poor service, business needs and/or high demand. This will need to be balanced with the most efficient network rollout plan. A prioritisation programme will be put in place in this regard, in consultation with the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. A detailed rollout plan for the network will be published once contract(s) are in place.

The Programme for Government also commits to measures to assist in the rollout of the network once a contract is awarded.

In this regard, I and Minister Humphreys established a Mobile Phone and Broadband Task-force in July 2016. The findings of this Taskforce recommends practical actions that can be taken to remove barriers to and improve mobile phone and broadband access in Ireland. The Taskforce report is available at the following link:http://www.dccae.gov.ie/communications/en-ie/Pages/Publication/Report-of-the-Mobile-Phone-and-Broadband-Taskforce.aspx .

Minister Humphreys has established two regional action groups, working with Local Au-thorities, Local Enterprise Offices and other relevant agencies to unlock barriers to investment in mobile and broadband services. Since July, there has been significant progress made in discussions with the key stakeholders including local authority management representation, Government Departments and State agencies, as well as interaction with ComReg and telecoms operators.

I have signed Regulations allowing ComReg to proceed with the allocation of spectrum in the 3.6GHz band, in early 2017. This will provide an 86% increase in total spectrum available for mobile and fixed wireless services. I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum band, to provide enhanced mobile services.

These investments should assist in significantly improving the coverage and quality of broad-band and mobile voice and data services throughout the country including County Monaghan.



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02/03/2017WRP01900327. Deputy Niall Collins asked the Minister for Communications, Climate Action and Environment the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Depart-ment that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11148/17]

02/03/2017WRP02000328. Deputy Niall Collins asked the Minister for Communications, Climate Action and Environment if regulatory impact assessments for legislative proposals published by his De-partment include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11163/17]

02/03/2017WRP02100Minister for Communications, Climate Action and Environment (Deputy Denis Naughten): I propose to take Questions Nos. 327 and 328 together.

My Department undertakes Regulatory Impact Assessments (RIA) in accordance with the procedures set out in the RIA Guidelines published by the Department of the Taoiseach in June 2009. The impact categories in the RIAs have adhered, as appropriate, to those outlined in the RIA Guidelines.

The following is the list of legislative proposals published by my Department between March 2011 and 2016 in respect of which Regulatory Impact Assessments were undertaken:

- The Energy (Miscellaneous Provisions) Bill 2011, enacted on the 25 February 2012. A RIA for the Energy (Miscellaneous Provisions) Bill 2011 was published with the Bill on the 27 September 2011.

- The Gas Regulation Bill 2013, enacted on the 3 December 2013. A RIA on the Gas Regulation Bill 2013, setting out the policy context and rationale for the implementation of full ownership unbundling, including for the sale of Bord Gáis Energy, was prepared. Some of the material contained in the RIA was considered to be commercially sensitive in light of the ongo-ing transaction process. Therefore, it has not been published at this stage.

- The ESB (Electronic Communications Networks) Bill 2014, enacted on the 18 March 2014. A RIA was completed in respect of the Bill and was published on my Department’s website.

- The Energy Bill, enacted on the 30 July 2016. A RIA for the Energy Bill 2016 was com-pleted and published on my Department’s website.

- The Minerals Development Bill 2015 was published on the 9 July 2015 and is currently going through the Oireachtas. A Regulatory Impact Assessment was undertaken and published on my Department’s website.

- The general scheme of the Geothermal Energy Development Bill was approved by Gov-ernment on 13 July 2010. The general scheme was published along with a Regulatory Impact Assessment.

- Climate Action and Low Carbon Development Bill 2015. A RIA was completed in respect of the Bill and was published on the Department of Housing, Planning, Community & Local Government website.

- Climate Action and Low-Carbon Development Bill 2014. A RIA was completed in re-spect of the Bill and was published on the Department of Housing, Planning, Community & Local Government website.

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- EU Directive - Draft European Communities (Greenhouse Gas Emissions Trading) Regu-lations 2011. A RIA was completed in respect of the Regulations and was published on the Department of Housing, Planning, Community & Local Government website.

- The Petroleum (Exploration and Extraction) Safety Act 2015, enacted on the 22 July 2015. A RIA was completed in respect of the Bill and was published on my Department’s website.

- The Communications Regulation (Postal Services) (Amendment) Bill 2015 was published 02 July 2015. A RIA was completed in respect of the Bill and was published on my Depart-ment’s website.

- Environment (Miscellaneous Provisions) Bill, 2014 (Reform of Household Waste Collec-tion Provisions). A RIA on Household Waste Collection was published in July 2012.

- The Communications Regulation (Postal Services) (Amendment) Bill 2016 was pub-lished 22 December 2016 and is currently going through the Oireachtas. A RIA was completed in respect of the Bill but as some of the material contained in the RIA is considered to be com-mercially sensitive it has not been published.

- Radiological Protection (Miscellaneous Provisions ) Bill 2014. A RIA was produced with reference to the elements of the Bill which provided for the incorporation of the Amendment of the Convention on the Physical Protection of Nuclear Material into Irish law. It was not neces-sary to conduct a RIA on the merger of the Radiological Protection Institute of Ireland and the Environmental Protection Agency as this was required by an existing Government decision.

The following primary legislative proposals published by my Department did not undergo a regulatory impact assessment.

- The Access to Central Treasury Funds (Commission for Energy Regulation) Bill 2011, enacted on 23 of November 2011. No Regulatory Impact Analysis (RIA) was required for this Bill.

- The Electricity Regulation (Carbon Revenue Levy)(Amendment) Bill 2012, enacted on the 25 of May 2012. This was emergency legislation on foot of a Supreme Court Decision and therefore was exempt from RIA requirements.

- Environment (Miscellaneous Provisions) Act 2011.

- Environment (Miscellaneous Provisions) Act 2015.

The following is a list of the secondary legislation in respect of which regulatory impact assessments were undertaken.

S.I No TitleS.I. No. 687 of 2011 European Union (Stage II Petrol Vapour Re-

covery during refuelling of motor vehicles at service stations) Regulations 2011.

S.I. No. 320 of 2013 Radiological Protection Act 1991 (Respon-sible and Safe Management of Spent Fuel and Radioactive Waste) Order 2013.

The following is a list of additional secondary legislative proposals which did not undergo a regulatory impact assessment. These statutory instruments relate to transposition of Directive 2009/28/EC on the promotion of the use of energy from renewable sources, which was subject to extensive consultation and also to transposition of the 2012 Energy Efficiency Directive for


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which no regulatory impact assessment was required. A thorough public consultation on the transposition of the Directive was however conducted in 2013.

SI No. Title/DescriptionS.I. No. 147/2011 European Communities (Renewable En-

ergy) Regulations 2011.S.I. No. 148/2011 Sustainable Energy Act 2002 (Section 8(2))

(Conferral of Additional Functions — Re-newable Energy) Order 2011.

S.I. No. 32/2012 Energy (Biofuel Obligation and Miscel-laneous Provisions) Act 2010 (Section 3) (Commencement) Order 2012.

S.I. No. 33/2012 European Union (Biofuel Sustainability Criteria) Regulations 2012

S.I. No. 158/2012 Sustainable Energy Act 2002 (Section 8(2)) (Conferral of Additional Functions - Re-newable Energy) Order 2012.

S.I. No. 562/2012 National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2012.

S.I. No. 482/2014 Sustainable Energy Act 2002 (Conferral of Additional Functions - Renewable Energy)(Amendment) Order 2014.

S.I. No. 483/2014 European Union (Renewable Energy) Regu-lations 2014.

S.I. No. 225/2016 National Oil Reserves Agency Act 2007 (Biofuel Obligation Rate) Order 2016.

S.I. No. 581/2016 European Union (Renewable Energy) (Amendment) Regulations 2016.

S.I. No. 131 of 2014 European Union (Energy Efficiency Obliga-tion Scheme) Regulations 2014

S.I. No. 426/2014 European Union (Energy Efficiency) Regu-lations 2014

S.I. No. 634/2016 European Union (Energy Efficiency Obli-gation Scheme) (Amendment) Regulations 2016.

S.I. No. 646/2016 European Union (Energy Efficiency) (Amendment) Regulations 2016.

S.I. No. 155 of 2011 European Communities Act, 1972 (Envi-ronmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Wa-terway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011.

S.I. No. 180 of 2011 Air Quality Standards Regulations 2011. S.I. No. 263 of 2011 European Communities (Control of Emis-

sions of gaseous and particulate pollutants from non-road mobile machinery) (Amend-ment) Regulations 2011.

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SI No. Title/DescriptionS.I. No. 278 of 2011 Environmental Protection Agency Act

(Fluorinated Greenhouse Gas) Regulations 2011 .

S.I. No. 279 of 2011 Fluorinated Greenhouse Gas Regulations 2011.

S.I. No. 465 of 2011 Control of Substances that deplete the Ozone Layer.

S.I. No. 176 of 2012 European Communities Act, 1972 (Envi-ronmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Water-way vessels, agricultural and forestry trac-tors, and recreational craft) (Amendment) Regulations 2012.

S.I. No. 303 of 2012 European Communities (National Emission Ceilings) (Amendment) Regulations 2012.

S.I. No. 326 of 2012 Air Pollution Act (Marketing, Sale Distribu-tion and Burning of Specified Fuels) Regu-lations 2012.

S.I. No. 407 of 2012 European Communities (Control of Emis-sions of gaseous and particulate pollutants from non-road mobile machinery) (Amend-ment) Regulations 2012.

S.I. No. 454 of 2012 Environmental Protection Agency Act (Reg-istration of coal bagging operators and solid fuel suppliers) Regulations 2012.

S.I. No. 564 of 2012 European Union (Paints, Varnishes, Vehicle refinishing products and activities) Regula-tions 2012.

S.I. No. 565 of 2012 European Union (Installations and Activi-ties using organic solvents) Regulations.

S.I. No. 566 of 2012 European Union (Large Combustion Plants) Regulations 2012.

S.I. No. 137 of 2013 Environmental Protection Agency (Industri-al Emissions)(Licensing) Regulations 2013.

S.I. No. 417 of 2013 European Communities (Control of Emis-sions of Gaseous and Particulate Pollutants from non-road mobile machinery)(Amend-ment) Regulations 2013.

S.I. No. 273 of 2014 European Union (sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014.

S.I. No. 398 of 2014 European Union (Paints, Varnishes, Ve-hicle Refinishing Products and Activities) (Amendment) Regulations 2014.

S.I. No. 399 of 2014 European Union (Installations and Activi-ties using Organic Solvents)(Amendment) Regulations 2014.


274

SI No. Title/DescriptionS.I. No. 30 of 2015 Air Pollution Act (Marketing, Sale, Dis-

tribution and Burning of Specified Fuels)(Amendment) Regulations 2015.

S.I. No.236 of 2015 European Communities Act, 1972 (Envi-ronmental Specifications for Petrol, Diesel Fuels and Gas Oils for Use by Non-Road Mobile Machinery, including Inland Water-way vessels, agricultural and forestry trac-tors, and recreational craft) (Amendment) Regulations 2015.

S.I. No. 358 of 2015 Environment (Miscellaneous Provisions) Act 2015 (Commencement) Order 2015.

S.I. No. 633 of 2015 Air Pollution (Fixed Payment Notice) Regu-lations 2015.

S.I. No. 128 of 2016 Air Pollution Act (Marketing, Sale, Dis-tribution and Burning of Specified Fuels)(Amendment) Regulations 2016.

S.I. No. 129 of 2016 European Union (Stage II Petrol Vapour recovery during refuelling of motor vehicles at service stations) (Amendment) Regula-tions 2016.

S.I. No. 347 of 2016 Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016.

S.I. No. 348 of 2016 Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016.

S.I. No. 571 of 2016 Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regula-tions 2016.

S.I. No. 658 of 2016 European Union (Fluorinated Greenhouse Gas) Regulations 2016.

S.I. No. 659 of 2016 Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Am-bient Air (Amendment) Regulations 2016.

S.I. No. 391 of 2011 RADIOLOGICAL PROTECTION ACT, 1991 (LICENSING APPLICATION AND FEES) (AMENDMENT) REGULATIONS 2011.

S.I. No. 390 of 2011 RADIOLOGICAL PROTECTION ACT, 1991(NUCLEAR SAFETY) ORDER 2011.

S.I. No. 152 of 2012 European Communities (Ionising Radiation) (Amendment) Regulations 2012.

S.I. No. 360 of 2014 Radiological Protection (Miscellaneous Pro-visions) Act 2014 (Dissolution Day) Order 2014.

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SI No. Title/DescriptionS.I. No. 354 of 2014 Radiological Protection (Miscellaneous Pro-

visions) Act 2014 (Commencement) Order 2014.

S.I. No. 134 of 2015 Nuclear Test Ban Act 2008 (Commence-ment) Order 2015.

02/03/2017WRP02150Road Improvement Schemes

02/03/2017WRP02200329. Deputy Maurice Quinlivan asked the Minister for Transport, Tourism and Sport when he expects the Coonagh to Knockalisheen road to be operational following his allocation of funding as part of his announcement on 24 January 2017. [10780/17]

02/03/2017WRP02300Minister for Transport, Tourism and Sport (Deputy Shane Ross): The improvement and maintenance of regional and local roads within its area is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the Council’s own resources supplemented by State road grants.

As previously explained to the Deputy, before the main contract for the Coonagh to Knocka-lisheen Road Scheme can commence, important advance works must be undertaken. These advance works include special ground works treatment along a section of the proposed road. An allocation of €2.5 million has been provided to Limerick City & County Council to prog-ress the advance works contract. The timeframe for progressing the scheme is now a matter for Limerick City and County Council.


02/03/2017WRP02400330. Deputy Anne Rabbitte asked the Minister for Transport, Tourism and Sport the scope of works planned for the N63 at Ballyglunnin cross; and his plans to install lighting at this junc-tion. [10784/17]

02/03/2017WRP02500Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunc-tion with the local authorities concerned.

Noting the above position, I have referred your question to TII for direct reply. Please ad-vise my private office if you don’t receive a reply within 10 working days.


02/03/2017WRP02600331. Deputy Anne Rabbitte asked the Minister for Transport, Tourism and Sport his plans for upgrade works and to enlarge the roundabout at the Athenry junction on the N63 link road to the motorway (details supplied). [10785/17]

02/03/2017WRP02700Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunc-


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tion with the local authorities concerned.


02/03/2017WRP02750Road Tolls

02/03/2017WRP02800332. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amounts collected per year from every tolled road here, broken down by annual toll amount collected per toll facility for the past five years in tabular form; and if he will make a statement on the matter. [10825/17]

02/03/2017WRP02900Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy in relation to roads. The plan-ning, design and implementation of individual road projects on national roads are a matter for Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority. For regional and local roads it is a matter for each respective local authority.

More specifically, the statutory powers to levy tolls on national roads as well as regional and local roads, to make toll bye-laws and to enter into toll agreements with private investors are vested in TII (for national roads) and each local authority (for regional and local roads) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the matter for national roads to TII for direct re-ply. Please advise my private office if you do not receive a reply within 10 working days.

02/03/2017WRP02950Public Private Partnerships Cost

02/03/2017WRP03000333. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amount paid in 2015 and 2016 in respect of public private partnership, PPP, operational pay-ments as compensation to PPP companies in view of the fact that toll income was less than anticipated; and if he will make a statement on the matter. [10826/17]

02/03/2017WRP03100Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the na-tional roads programme. The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority.

More specifically, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in TII under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the matters to TII for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

02/03/2017WRP03150Public Private Partnerships Data

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02/03/2017WRP03200334. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the amount paid to tolling companies in respect of shadow tolls per year for the past five years, broken down by company and toll locations, in tabular form; and if he will make a statement on the matter. [10832/17]

02/03/2017WRP03300Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the na-tional roads programme. The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 1993-2015 in conjunction with the relevant local authority.

More specifically, the statutory power to levy tolls on national roads, to make toll bye-laws, to enter into toll agreements, the payment of shadow tolls and for the operation of concessions with private investors in respect of national roads is vested in TII under the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the matters to TII for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

02/03/2017WRP03350Vehicle Testing

02/03/2017WRP03400335. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will address a matter (details supplied) with regard to the new testing of trailers being pulled behind jeeps; and if he will make a statement on the matter. [10833/17]

02/03/2017WRP03500Minister for Transport, Tourism and Sport (Deputy Shane Ross): Trailers are classified according to their Design Gross Vehicle Weight (DGVW), which is the weight of the trailer including the maximum load it can carry in accordance with the manufacturer’s design specifi-cations. There are four categories of trailer; categories O1, O2, O3 and O4. Currently trailers of categories O3 and O4 are tested annually by the Vehicle testing network, VTN, while trailers of categories O1 and O2 are not. It is the responsibility of vehicle owners and operators to ensure that both the towing vehicle and trailer are mechanically sound, fit for purpose, and compliant with road traffic legislation at all times.

The categories of vehicles subject to roadworthiness testing and the frequency of such tests are governed by EC Directive 2009/40/EC on the roadworthiness testing of motor vehicles and their trailers. Under this Directive, category O1 and O2 trailers (with a DGVW of between 750kg to 3,500kg) are exempt from annual roadworthiness testing. However, since October 2012, O1 and O2 trailers must be type approved before they are sold thus ensuring that they are manufactured to a recognised and approved safety standard.

While heavy category O3 and O4 trailers (DGVW from 3,500kg to in excess of 10,000kg) are subject to Commercial Vehicle Roadworthiness Testing (CVRT), commercial vehicle op-erators are statutorily obliged to have appropriate maintenance and repair systems in place, conduct daily walk around checks of their vehicles and to make an annual declaration on their maintenance to the Road Safety Authority.

Any future amendments to the current testing regime under Directive 2014/45/EU, will be examined by the Road Safety Authority, who have statutory responsibility for vehicle testing arrangements, and will report their recommendations to my Department shortly.

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02/03/2017WRP03600336. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) with regard to motorcycles; and if he will make a statement on the matter. [10834/17]

02/03/2017WRP03700Minister for Transport, Tourism and Sport (Deputy Shane Ross): I understand that while Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trail-ers provides for the roadworthiness testing of motorcycles from 1 January 2022, EU Member States who have appropriate alternative road safety measures in place can avail of an exemption from this requirement.

An issue of concern in relation to this vulnerable cohort of road users is certain driving behaviour exhibited by and towards motorcyclists on our road network. While any measures which have a positive effect on road safety are to be welcomed, it is important to ensure that the optimal road safety impact is realised.

Having statutory responsibility for vehicle testing arrangements, the Road Safety Authority will examine the requirements of Directive 2014/45/EU and will report to my Department on their recommendations shortly.

02/03/2017WRP03750Brexit Issues

02/03/2017WRP03800337. Deputy Fergus O’Dowd asked the Minister for Transport, Tourism and Sport his views on correspondence (details supplied) relating to the complexities of the Brexit decision and Irish ports; his plans with regard to safeguarding trade in Irish ports when the UK com-pletes its withdrawal from the EU; and if he will make a statement on the matter. [10843/17]

02/03/2017WRP03900Minister for Transport, Tourism and Sport (Deputy Shane Ross): My Department has brought the paper referred to to the attention of the Department of Jobs, Enterprise and Innova-tion and to the Revenue Commissioners.

It is expected that the UK will trigger Article 50 within the coming few weeks. In antici-pation of that there has been an intensive process pf examining prospective scenarios for the anticipated negotiations on both the UK withdrawal from, and its future relationship with, the European Union. While it is not possible to predict with certainty what the attitude of the Com-mission and other Member States may be, or what position may be taken by the UK, one of our headline priorities is to minimise any negative impact for trade and the Irish economy.


02/03/2017WRP04000338. Deputy Jackie Cahill asked the Minister for Transport, Tourism and Sport when his Department will grant approval to Tipperary and Clare county councils to commence work on the bridge at Ballina and Killaloe in view of the fact the area is unable to make any economic progress while the current situation continues; and if he will make a statement on the matter. [10860/17]

02/03/2017WRP04100Minister for Transport, Tourism and Sport (Deputy Shane Ross): The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities’ own resources supplemented by State road grants. The initial selection and prioritisation of works to be funded is also a matter for the local authority.

The Shannon Bridge Crossing at Killaloe is one of a number of schemes included in the

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Capital Plan 2016-2021 designed to address bottlenecks on the road network. The bridge is the 1st phase of the Killaloe Bypass/R494 upgrade scheme. In planning the construction schedule for individual projects included in the Plan, account has to be taken of the annual budgets in the Capital Plan and the need to phase projects to manage the available budgets.

Following the conclusion of the judicial review relating to the the Killaloe Bypass/R494 scheme, it is now a matter for the local authority (Clare County Council) to progress the scheme. Clare County Council has been provided with an allocation of €500,000 in 2017.


02/03/2017WRP04200339. Deputy Mary Butler asked the Minister for Transport, Tourism and Sport his plans to improve the road network between Waterford city and Limerick city; and if he will make a statement on the matter. [10867/17]

02/03/2017WRP04300Minister for Transport, Tourism and Sport (Deputy Shane Ross): As Minister for Trans-port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993 to 2015 in conjunc-tion with the local authorities concerned.


02/03/2017WRP04350Bus Éireann

02/03/2017WRP04400340. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the number of reform plans he has received from Bus Éireann from 2013 to date in 2017; the detail of the responses from his Department to such plans; and if he will make a statement on the mat-ter. [10899/17]

02/03/2017WRP04500Minister for Transport, Tourism and Sport (Deputy Shane Ross): Since I assumed of-fice, Bus Éireann has submitted two documents, one of which I believe would fall to be catego-rised as stated by the Deputy and the second of which was a review for the Board of proposals being put forward within the company.

In July 2016 Bus Éireann submitted a draft document entitled “Bus Éireann Existence Plan”, two further drafts were submitted in August and in September.

These documents were submitted for discussion with my Department in line with the re-quirements of the Code of Practice for the Governance of State Bodies. As the Deputy is aware the Code states that the responsibility for the preparation, finalisation and adoption of such plans rest with the Board of the relevant Body with an opportunity allowed for Departmental consideration on draft proposals. My Department was assisted by NewERA in its consideration of those proposals.

Discussions between my Department and Bus Éireann highlighted some critical shortcom-ings that existed in the draft proposals as presented. Those shortcomings related to the com-mercial rationale, financing, implementation, sensitivity and risk analysis and the necessity to consider both State Aid and competition law interactions.

The second document submitted since I assumed office is actually a review of the propos-


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als that had been developed by the Company’s management in the first document. This is the review known as the ‘Grant Thornton’ report and was commissioned from these independent consultants by the Board of the Company in late September 2016. A draft of the review was made available to my Department in November 2016 and, in January 2017 following a meeting I held with the Chairman, I received the later version of the report as had been discussed and adopted by the Board of the Company. Unsurprisingly, that review by Grant Thornton for the Board found similar shortcomings with the proposals as those identified previously when the proposals were considered by the Department and NewERA. The Grant Thorton review also made recommendations to the Board about an approach to finding a way forward.

Arising from the Board’s consideration of the Grant Thornton report, the Company has now embarked upon developing a new plan to address the company’s loss making situation and restore it to a sustainable future, and the Company aims to have this plan in a few weeks’ time.

Public Service Obligation Services

02/03/2017WRQ00200341. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the amount of the public service obligation subsidy paid to Bus Éireann for each of the years 2008 to 2016 and to date in 2017, in tabular form; and if he will make a statement on the matter. [10900/17]

02/03/2017WRQ00300Minister for Transport, Tourism and Sport (Deputy Shane Ross): Since 2010 there is no Public Service Obligation (PSO) subvention paid directly by my Department to transport operators. The award and subvention of PSO contracts now falls under the independent statu-tory remit of the National Transport Authority (NTA), which has direct responsibility for this area along with the routes covered. The total PSO subvention provided to Bus Éireann by this Department for 2008 and 2009 was as follows:

Schedule of Exchequer Public Service Obligation Subvention to Bus Éireann for 2008 and 2009

Year Bus Éireann(€ Millions)�2008 �41.82009 49.3I have forwarded the portion of the Deputy’s Question in relation to PSO funding for 2010

- 2017 to the NTA for direct reply.

Greenways Funding

02/03/2017WRQ00400342. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the amount of money spent on greenway projects by his Department from 2011 to date in 2017, by project and local authority, in tabular form; and if he will make a statement on the matter. [10901/17]

02/03/2017WRQ00500Minister for Transport, Tourism and Sport (Deputy Shane Ross): Details of the green-ways funded by my Department since 2011 are set out in the table.

Under the Capital Plan €100 million is committed to smarter travel and carbon reduction measures, including greenways. The Programme for Government also commits to providing additional capital funding for various tourism projects, including greenways. I will be seeking

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to deliver this additional funding in the context of the mid-term review of the Capital Plan.

My Department is planning to develop a new Strategy for the future development and fund-ing of greenways. The proposed Strategy will include the approach to be taken by authorities and agencies tasked with delivering greenway infrastructure and when finalised, will feed into the approach to be taken to progress the delivery of greenways underway and those that may be awarded funding under future funding calls. The Department will undertake a public consulta-tion process in the near future to inform the development of the new Strategy and all interested parties will have the opportunity to give their views as part of the public consultation process.

Airport Development Projects

02/03/2017WRQ00600343. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the precise nature of restrictions in funding capital projects at regional airports; if he will provide further details with regard to comments made by the secretary general of his Department at the Committee on Public Accounts on 23 February 2017 that a change in national policy would be required to ensure greater flexibility in funding regional airports; the rationale for existing policy; his plans to change policy; and if he will make a statement on the matter. [10902/17]

02/03/2017WRQ00700344. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the ex-tent to which EU directives restrict capital funding at regional airports; the way in which these directives are applied here; if his Department has sought changes at EU level; and if he will make a statement on the matter. [10903/17]

02/03/2017WRQ00800349. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport if he has met the board or representatives of Waterford airport in 2017; the nature of the engagement; the persons present; the nature of the discussion; and if he will make a statement on the matter. [10921/17]

02/03/2017WRQ00900350. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport if of-ficials from his Department met the board or representatives of Waterford airport in 2016 and 2017; the number of meetings that took place; the nature of the engagements; the persons pres-ent; the nature of the discussions; and if he will make a statement on the matter. [10922/17]

02/03/2017WRQ01000Minister for Transport, Tourism and Sport (Deputy Shane Ross): I propose to take Questions Nos. 343, 344, 349 and 350 together.

The rules and restrictions governing the extent to which Member States may give finan-cial aid to airports are contained in the 2014 EU Guidelines on State aid to airports and air-lines (2014/C 99/03) which is published on the website of the European Commission.

My Department secured approval from the EU Commission in August 2015 for a multi-annual programme of supports for our four regional airports in Donegal, Ireland West Airport Knock, Kerry and Waterford. The Commission Decision, which is available on my Depart-ment’s website found that our programme complied with the compatibility criteria specified in the 2014 Guidelines and hence compatible with Article 107(3)(c) TFEU.

That programme, the Regional Airports Programme 2015-2019 , is also available on my Department’s website. This Programme details the manner in which the 2014 EU Guidelines are applied to our four regional airports and it also covers our support for PSO air services.

In the case of State aid for capital projects at the regional airports, referred to in our Pro-gramme as the ‘CAPEX Scheme’, Exchequer support is confined to safety and security related


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investments and is not available for developmental projects involving capacity extensions and enhancements at these airports. This is what the Secretary General of my Department referred to at the PAC meeting on 23 February last and it reflects policy adopted following a Value for Money Review of Exchequer Funding for Regional Airports in 2011.

Infrastructural capacity expansions at any of the regional airports are a commercial decision for those airports.

With regard to meetings with the Airport this year, I met with both the Chairman and the Chief Executive of the Airport, together with board member (and CEO of Waterford City and County Council) Michael Walsh on 13th February last. The discussion centred around the ef-forts to secure a carrier for the Airport. In February of last year, officials of my Department met with representatives from the four regional airports, including Waterford Airport, to review the operation of the current Regional Airports Programme which had been introduced at the end of the previous year. The Chief Executive and the General Manager represented Waterford Airport at that meeting.

Swimming Pool Programme Funding

02/03/2017WRQ01100345. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the total amount of funding allocated and total amount drawn down for public swimming pools for each of the years 2010 to 2016; and if he will make a statement on the matter. [10907/17]

02/03/2017WRQ01200Minister of State at the Department of Transport, Tourism and Sport (Deputy Patrick O’Donovan): Details of all allocations and payments under the Local Authority Swimming Pool Programme for 2010 to 2016 are published on the Department’s website at the following link: http://www.dttas.ie/sport/english/allocations-and-payments.

Public Transport Review

02/03/2017WRQ01300346. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport his views on the importance of public bus transport to regional development; and if he will make a statement on the matter. [10908/17]

02/03/2017WRQ01400Minister for Transport, Tourism and Sport (Deputy Shane Ross): As the Deputy may be aware, the Programme for Government commits to reviewing public transport policy so as to ensure services are sustainable into the future and are meeting the needs of a modern economy. This commitment is restated as an action in Realising Our Rural Development-Action Plan for Rural Development and includes reference to the rural transport dimension, to ensure that it meets the needs of rural communities.

My Department therefore plans to undertake work later this year on the development of a Public Transport Policy Statement. This Statement will take cognisance of relevant initiatives in several other areas of public policy on which Government is deeply engaged including the preparation of a new National Planning Framework (NPF), in addition to the Action Plan for Rural Development. The new NPF in particular will influence how best to achieve effective regional development.

In terms of funding, we must get the balance right in relation to regional and rural transport services and the associated investment. This must occur in the context of a step change in the overall funding of public transport. I will be ensuring that a strong case in this regard is made

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as part of the Mid-Term Review of the Government’s Capital Plan in 2017.

While all of these considerations are important in terms of public transport and regional de-velopment, I’m clear as to whom public transport should be about- the ordinary citizen. Placing the citizen at the heart of our policy will allow us to realise the true potential of public transport and allow it to play its full role in promoting social progress, economic prosperity and effective regional development.

Departmental Submissions

02/03/2017WRQ01500347. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the number of submissions his Department made to the development of regional plans or spatial planning strategies from 2014 to date in 2017; and if he will make a statement on the matter. [10909/17]

02/03/2017WRQ01600Minister for Transport, Tourism and Sport (Deputy Shane Ross): In May 2016, the Maritime section of my Department made a submission to the Department of Housing, Plan-ning, Community and Local Government on its Maritime Spatial Planning Consultation.

National Planning Framework

02/03/2017WRQ01700348. Deputy David Cullinane asked the Minister for Transport, Tourism and Sport the details of the work his Department has completed in preparation for and in response to the de-velopment of a new national planning framework; and if he will make a statement on the matter. [10910/17]

02/03/2017WRQ01800Minister for Transport, Tourism and Sport (Deputy Shane Ross): The National Plan-ning Framework (NPF) - known as “Ireland 2040-Our Plan” will be a long-term, 20 year+ strategy for the spatial development of Ireland that will seek to guide future planning and in-vestment decisions. It is being led on behalf of the Government by the Department of Housing, Planning Community and Local Government.

The process of developing the NPF is overseen by a senior officials cross-departmental steering group which includes both my Department and the National Transport Authority (NTA). The NTA is also represented on an expert group which supports the technical aspects of the development of the NPF. An initial consultation process is currently underway and is sup-ported by a detailed “issues and choices” consultation paper.

My Department has contributed to the consultation paper through a position paper outlining the relevance of the NPF to the Department’s remit and also through ongoing contact with the NPF project team. Input to date has emphasised the importance of a number of issues from my Department’s perspective including:

- Compact settlement patterns to underpin our transport system;

- Protecting the considerable investment made to date in our transport network, particularly in relation to the strategic road network;

- Protecting our landscapes, seascapes and cultural heritage;

- Robust monitoring and oversight of NPF implementation;


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- More formal integration between land use and transport across the country.

I am happy to report that my Department’s input to date has been reflected in the consul-tation paper. My officials will continue to work with the NPF project team over the coming months.


Driver Test Waiting Lists

02/03/2017WRQ02000351. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport the wait-ing times for each driver testing centre in County Donegal, in tabular form; and if he will make a statement on the matter. [10947/17]

02/03/2017WRQ02100Minister for Transport, Tourism and Sport (Deputy Shane Ross): This is an operational matter for the Road Safety Authority. I have referred the question to the Authority for direct reply. I would ask the Deputy to contact my office if a response is not received within 10 days.

Driver Test Waiting Lists

02/03/2017WRQ02200352. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport the aver-age waiting times for driving tests by county, in tabular form; and if he will make a statement on the matter. [10948/17]

02/03/2017WRQ02300Minister for Transport, Tourism and Sport (Deputy Shane Ross): This is an operational matter for the Road Safety Authority. I have referred the question to the Authority for direct reply. I would ask the Deputy to contact my office if a response is not received within 10 days.

Vehicle Registration

02/03/2017WRQ02400353. Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport the mech-anism in place for a person (details supplied) who is trying to replace a registration book for a vintage car whereby the tax office do not have the records for the car due to the documents being mislaid or lost. [11120/17]

02/03/2017WRQ02500Minister for Transport, Tourism and Sport (Deputy Shane Ross): My Department’s of-fices in Shannon issue Vehicle Registration Certificates (VRC) in lieu of all change of vehicle ownerships; and where an application is made for a replacement VRC at a motor tax office, for a vehicle registered after 1 January 1993. Applications for replacement documents (old style log book) for vehicles registered prior to this date can only be made by the vehicle owner to their local motor tax office.

Any subsequent requests on this matter should be made to that office.

02/03/2017WRQ02550Legislative Process RIA

02/03/2017WRQ02600354. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport the legisla-tive proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo

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a regulatory impact assessment; and if he will make a statement on the matter. [11159/17]

02/03/2017WRQ02700355. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport if regula-tory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11174/17]

02/03/2017WRQ02800Minister for Transport, Tourism and Sport (Deputy Shane Ross): I propose to take Questions Nos. 354 and 355 together.

Details of Regulatory Impact Assessments (RIAs) undertaken by the Department are avail-able on the Department’s website www.dttas.ie. Where undertaken, RIAs in relation to legisla-tive proposals follow the guidance contained in the revised RIA Guidelines published by the Department of the Taoiseach in 2009.

The impacts referenced by the Deputy were considered in RIAs where they were deemed relevant to the proposal under assessment. In a number of cases, RIAs were not undertaken. Details of these and the reasons for not carrying out an RIA are set out in the table:

Name of Act Reason for not completing a RIATransport (Córas Iompair Éireann and Sub-sidiary Companies Borrowings) Act 2012

The amending legislation had no impact on the existing regulatory framework.

Airport Charges Directive Given the intention at the time to carry out a full review of the regulation of airport charges at Irish Airports, no RIA was un-dertaken in relation to the Airport Charges Directive. The review of airport charges regulation was carried out in 2015.

Public Transport Act 2016 The Act involved technical amendments to existing legislation and did not impact on regulatory framework or involve new regu-latory policy.

The National Tourism Development Author-ity (Amendment) Act 2016.

The amending legislation had no impact on the existing regulatory framework.

Research Funding

02/03/2017WRQ02900356. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation her plans to put in place another five year cycle of the PRTLI for the period 2018 to 2022; her views on whether the €10 million allocation to the PRTLI in 2017 is sufficient to support research in universities and institutes of technology under the programme, in view of the fact that this amounts to just 17% of the 2011 allocation and 32% of the average annual allocation under the programme from 2011 to 2016; and when the new PRTLI will be finalised. [10788/17]

02/03/2017WRQ03000Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): My Department’s allocation to the Programme for Research in third Level Institutions (PRTLI) in 2016 was €30.4m; this included a Supplementary Estimate of €20m in December 2016. The allocation in 2017 is €14.4m.

The PRTLI allocation is being used to pay off an outstanding bill for PRTLI Cycle 5. Cu-mulatively, the HEI’s have yet to spend their full Exchequer allocations. The majority of proj-ects are progressing well at this stage and should reach completion by the middle of this year (some building projects have already been delivered but final expenditure declarations have


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yet to made). As with previous cycles, there is a long lead time expected before both the total spend and the administrative obligations are finalised. As the outstanding bill to HEIs has been reducing, the allocation to Cycle 5 in my Department’s Vote has reduced also.

The planning and design of a successor to Cycle 5 of PRTLI is an action in Innovation 2020 and is being progressed by my Department working closely with the Department of Education and Skills. My Department is currently preparing a proposal to seek funding for a successor to Cycle 5 of the PRTLI in the context of the Mid-term Review of the Capital Plan. There will be more clarity on a successor to Cycle 5 when this review is concluded, and the funding envelope for this and other projects is finalised.

Ministerial Responsibilities

02/03/2017WRQ03100357. Deputy James Lawless asked the Minister for Jobs, Enterprise and Innovation the areas of responsibility that have been transferred to Ministers of State (details supplied) in her Department; and the dates from which in each case. [10872/17]

02/03/2017WRQ03200Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): On 28th June 2016, the Government made delegation of function orders to my Department’s Min-isters of State at my request.

Under S.I. number 333 of 2016, the Minister of State for Employment and Small Busi-ness, Mr Pat Breen T.D., was delegated responsibility for legislation relevant to employment rights and industrial relations, workplace health and safety, standards and metrology and certain responsibilities relating to business and small and medium enterprises. This delegation was subsequently updated by S.I. number 6 of 2017 to include reference to the Credit Guarantee (Amendment) Act 2016.

Under S.I. number 334 of 2016, the Minister of State for Training, Skills and Innovation, Mr. John Halligan T.D., was delegated responsibility for legislation relevant to my Depart-ment’s responsibilities for innovation, research and development and intellectual property.

Jobs Data

02/03/2017WRQ03300358. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the number of IDA jobs created and lost in Waterford city and county in 2016; and if she will make a statement on the matter. [10927/17]

02/03/2017WRQ03400359. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the number of IDA jobs created and lost in the southeast in 2016; and if she will make a statement on the matter. [10928/17]

02/03/2017WRQ03500Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): I propose to take Questions Nos. 358 and 359 together.

IDA Ireland’s official employment data is tracked at a county and regional level through an employment survey which is conducted by my Department. Information at city level is unfor-tunately not available.

In 2016, IDA Ireland client companies created 697 new jobs in County Waterford. Job losses for the same period amounted to 136, meaning there was a net county-wide employment increase of 561.

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Low Pay Commission Report

02/03/2017WRQ03600360. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the number of times the Low Pay Commission met in 2016; the actions it took; the recommenda-tions it made to Government; and if she will make a statement on the matter. [10929/17]

02/03/2017WRQ03700Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The Low Pay Commission met on 10 occasions during 2016.

As part of its annual deliberations on the appropriate rate for the National Minimum Wage, the Commission advertised in national newspapers and through its website for submissions from interested parties.

Furthermore, as part of their 2016 work programme the Commission was asked to examine the underlying reasons for the preponderance of Women on the National Minimum Wage and to look at the sub minima rates allowable under the National Minimum Wage legislation. A further national consultation process took place in relation to these matters.

Submissions received were considered by the Commission and oral hearings were held in Dublin and Monaghan in relation to the appropriate rate for the national Minimum Wage.

On foot of the work of the Low Pay Commission, I received three reports in 2016. The Commission’s recommendation on the national minimum wage was brought before, and ap-proved by government. The new rate took effect from 1st January 2017.

Living Wage

02/03/2017WRQ03800361. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation her views on the concept of a living wage; her plans to bring forward proposals in this area; and if she will make a statement on the matter. [10930/17]

02/03/2017WRQ03900Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The Living Wage concept is grounded in the idea that a person’s wage should be sufficient to main-tain a safe, decent standard of living. At an individual level the resources required to achieve a minimum essential standard of living is very dependent on family circumstances and thus the interaction of individual earnings with household income and State-provided supports such as Child Benefit, Family Income Supplement as well as supports available in relation to housing, education and health all contribute to an individual’s standard of living.

It is important that Ireland’s statutory National Minimum Wage and the Living Wage con-cept are not conflated. The Living Wage is a voluntary societal initiative centred on the social, business and economic case to ensure that, wherever it can be afforded, employers will pay a rate of pay that provides an income that is sufficient to meet an individual’s basic needs, such as housing, food, clothing, transport and healthcare. The Living Wage is voluntary and has no legislative basis and is therefore not a statutory entitlement. It is different to the National Mini-mum Wage which is a statutory entitlement and has a legislative basis.

The Low Pay Commission was established in 2015 and its primary function is to, on an an-nual basis, examine and make recommendations on the national minimum wage, with a view to securing that the national minimum wage, where adjusted, is adjusted incrementally over time having had regard to changes in earnings, productivity, overall competitiveness and the likely impact any adjustment will have on employment and unemployment levels. The Commission presented its first report in July 2015 in which it recommended an increase of 50 cents per hour


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to the minimum hourly rate bringing it to €9.15. That increase, which was accepted by Govern-ment, came into effect on 1st January last.

The Commission presented its second report in July 2016 and its recommendation that the minimum wage be increased to €9.25 per hour was subsequently accepted by Government and came into effect on January 1st last.

The Deputy might note that the most recent figures published by Eurostat show that Ireland has the second highest national minimum wage of any country in the EU at €1,563 per month, behind only Luxembourg whose minimum wage is €1,999 per month. (In some countries the basic national minimum wage is not fixed at a monthly rate but at an hourly or weekly rate and Eurostat for comparison purposes converts countries hourly or weekly rates into monthly rates).

I have no plans to bring forward proposals outside of the work of the Low Pay Commission.

Legislative Measures

02/03/2017WRQ04000362. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation her plans to introduce legislation to prevent tactical insolvencies; and if she will make a statement on the matter. [10931/17]

02/03/2017WRQ04100Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): A number of actions were initiated as part of the Government’s response to the insolvency and immediate closure of Clerys. The Duffy-Cahill report provides a comprehensive analysis of the relevant provisions of employment law and company law. It makes a number of proposals for reform of the law, which are primarily concerned with amendments to employment law. My Department conducted a Public Consultation on the report following its publication on 26 April 2016.

The submissions received in response to the consultation are important in terms of assess-ing how the suggested reforms could operate in practice and in identifying any unintended consequences. They will inform the response to the report which will be brought forward for consideration by Government.

Separately, authorised officers of the Minister from the Workplace Relations Commission have sought information from a number of parties in relation to the collective redundancies that took place in OCS Operations Limited on 12 June 2015. The work of the authorised officers relates to the application of the Protection of Employment Act 1977 to the collective redundan-cies in question. A legal challenge was taken by two of the parties last year, on which the High Court ruled comprehensively in favour of the WRC Inspectors. Further legal challenges to the investigation are currently listed before the Courts. The work of the authorised officers is con-tinuing and the matter of prosecutions, where appropriate, is also being progressed.

The Company Law Review Group is continuing to examine legislation with a view to rec-ommending ways company law and indeed the wider legislative code could potentially be amended to better safeguard a company’s employees and unsecured creditors. That work is currently ongoing and any recommendations made by the Group will receive careful consider-ation, when received.

02/03/2017WRQ04150Employment Rights

02/03/2017WRQ04200363. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation her

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plans to introduce proposals contained in a University of Limerick study into low hours and if and when contracts; and if she will make a statement on the matter. [10932/17]

02/03/2017WRQ04300Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen): My colleague, Minister Mitchell O’Connor, and I intend to bring forward proposals in response to the Programme for Government commitment to tackle problems caused by the increased casualization of work and to strengthen the regulation of precarious work for consid-eration by Government. We intend to include protections aimed particularly at low-paid, more vulnerable workers. Our proposals will address the issue of employees on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours worked. The proposals will also seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms at an early stage in their employment.

The policy response to the Programme for Government commitment is being informed by the University of Limerick study on zero hour contracts and low hour contracts as well as the extensive material and practical examples provided by respondents to the public consultation on that study conducted by my Department.

Developing policy proposals on employment rights is a complex matter. A balance needs to be found between protecting the rights of employees and avoiding unintended consequences on business which may negatively affect the competitiveness of the Irish economy.

My Department is currently engaged in a dialogue process with ICTU and Ibec to secure broad agreement before proposals are finalised. This work is being progressed as expeditiously as possible and is nearing conclusion. The intention is to bring our proposals to Government in Q1 2017.

02/03/2017WRR00200Ministerial Meetings

02/03/2017WRR00300364. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the number of meetings she held with trade unions since taking up her post; the details and date of any such meeting; and if she will make a statement on the matter. [10933/17]

02/03/2017WRR00400365. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the number of meetings she held since taking up her post with employer organisations, including IBEC, ISME, SFA, chambers of commerce and others; the details and date of any such meeting; and if she will make a statement on the matter. [10934/17]

02/03/2017WRR00500Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): I propose to take Questions Nos. 364 and 365 together.

Details of the meetings that I have had with employers organisations and trade unions since my appointment as Minister are set out in the following tables.

Trade Union/Employer Or-ganisation Met

Date of Meeting Purpose of Meeting

Irish Congress of Trade Unions, IMPACT, Irish National Organisation for the Unemployed, SIPTU, UNITE

7th October 2016 Ministerial Stakeholder Roundtable for Action Plan for Jobs 2017


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Date of Meeting Purpose of Meeting

Irish Congress of Trade Unions, IMPACT, Irish National Organisation of the Unemployed

31st January 2017 Ministerial Stakeholder Pre-Briefing for Action Plan for Jobs 2017

American Chamber of Com-merce, IBEC

7th September 2016 Ministerial Stakeholder Roundtable for Action Plan for Jobs 2017

Chambers Ireland, ISME, Small Firms Association

7th September 2016 Ministerial Stakeholder Roundtable for Action Plan for Jobs 2017

American Chamber of Com-merce, Chambers Ireland, IBEC, Small Firms Associa-tion

31st January 2017 Ministerial Stakeholder Pre-Briefing for Action Plan for Jobs 2017


Date of Meeting Purpose of Meeting/Issues Discussed

IBEC 29 June 2016 Trade Agreements, CETA, TTIP, EU- Mercosur nego-tiations and Japan

Irish Congress Trade Unions 21 July 2016 Discussions re CETAIrish Exporters Association Nov 2016 Brexit and ongoing Trade

AgreementsIreland – Canada Business Ass.

Jan 2017 Trade Opportunities

American Chamber of Com-merce

27 Jan 2017 Trade Issues, Discussion on Am Cham priorities for 2017

Ardmore Studios Workers Representatives

16th December 2016 To discuss the position con-cerning Ardmore Studios.

Retail Ireland 11th July 2016 To discuss concerns of the Sector and their members

RGDATA 11th July 2016 To discuss concerns of the Sector and their members

Retail Consultation Forum members that are employer organisations: Small Firms Association, RGDATA, Retail Ireland, Retail Excel-lence Ireland, Irish Pharma-cy Union, Hardware As-sociation of Ireland, CSNA Chambers Ireland, ISME

11th July 2016 Quarterly meeting of The Retail Consultation Forum Chair by the Minister

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Date of Meeting Purpose of Meeting/Issues Discussed

Retail Ireland Council 21 September 2016 To hear from the Minister Government priorities rel-evant to the retail sector and to engage in a discussion with her on issues of key importance to the sector.

Retail Excellence Ireland 13 Oct 2016 To discuss concerns of the Sector and their members

Retail Consultation Forum members that are employer organisations: Small Firms Association, RGDATA, Retail Ireland, Retail Excel-lence Ireland, Irish Phar-macy Union, Dublin Town, ISME

21st Nov 2016 Quarterly meeting of The Retail Consultation Forum Chair by the Minister

Retail Excellence Ireland 24 November 2016 A photo call with An Taoise-ach to launch Small Busi-ness Saturday, followed by a meeting to discuss Dun Laoghaire and town centre revival

Retail Excellence Ireland 22 February 2017 To discuss concerns of the Sector and their members

Retail Consultation Forum members that are employer organisations: Small Firms Association, RGDATA, Retail Ireland, Retail Excel-lence Ireland, Irish Pharma-cy Union, Hardware As-sociation of Ireland, CSNA Chambers Ireland, Dublin Town, ISME

27th February 2017 Quarterly meeting of The Retail Consultation Forum Chair by the Minister

IDA, EI, SFA, ISME, IBEC 24th June 2016 Brexit ResponseSFA, IBEC, IEA, ISME 1st November 2016 Brexit ResponseIBEC 29th June 2016 Request from IBEC to dis-

cuss their prioritiesIFA 8th July 2016 Request from IFA to discuss

their prioritiesICTU 21st July 2016 Request from ICTU to dis-

cuss their policy priorities for workers

Round table discussion; ICTU/IMPACT/INOU/SIP-TU/UNITE

7th October 2016 Round table discussion on the Action Plan for Jobs


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02/03/2017WRR00600Proposed Legislation

02/03/2017WRR00700366. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the legislation she has brought forward or plans to enhance the rights of workers; and if she will make a statement on the matter. [10935/17]

02/03/2017WRR00800Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen): In conjunction with my colleague Minister Mitchell-O’Connor, I intend to bring for-ward proposals dealing with the Programme for Government commitments to tackle the in-creasing casualisation of work and to strengthen the regulation of precarious employment for consideration by Government. I intend to include protections aimed particularly at low-paid, more vulnerable workers. Our proposals will address the issue of workers on low hour con-tracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours worked. The proposals will also seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms at an early stage in their employment.

The policy response is being informed by the UL study itself as well as the extensive mate-rial and practical examples provided by respondents to the public consultation conducted by my Department. My Department is currently engaged in a dialogue process with ICTU and IBEC to secure broad agreement before proposals are finalised. This work is being progressed as expeditiously as possible and is nearing conclusion. It is intended to bring our proposals to Government in Q1 2017.

A number of actions were initiated as part of the Government’s response to the closure of Clerys. This included the Duffy-Cahill expert examination of legal protections for employees.

The Duffy-Cahill report provides a comprehensive analysis of the relevant provisions of employment law and company law. It makes a number of proposals for reform of the law, which are primarily concerned with amendments to employment law. My Department con-ducted a Public Consultation on the report following its publication on 26 April 2016.

The submissions received in response to the consultation are important in terms of assess-ing how the suggested reforms could operate in practice and in identifying any unintended consequences. They will inform the response to the report which will be brought forward for consideration by Government.

02/03/2017WRR00900Proposed Legislation

02/03/2017WRR01000367. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the legislation she plans to develop to prevent and penalise exploitation in the workplace; and if she will make a statement on the matter. [10936/17]

02/03/2017WRR01100Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen): Ireland has a comprehensive suite of employment rights legislation including measures to prevent exploitation in the workforce. We have a well-resourced labour inspectorate, which forms part of the Workplace Relations Commission (WRC). In addition, where an individual believes they are being deprived of employment rights applicable to employees, they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision enforceable through the District Court. Anti-penalisation and victimisa-tion provisions are strong in Irish employment rights legislation e.g. a former employee can be awarded compensation of up to five years’ remuneration for unfair dismissal on the grounds of

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having made a protected disclosure.

In conjunction with my colleague Minister Mitchell-O’Connor, I intend to bring forward proposals dealing with the Programme for Government commitments to tackle the increasing casualisation of work and to strengthen the regulation of precarious employment for consider-ation by Government. We intend to include protections aimed particularly at low-paid, more vulnerable workers. Our proposals will address the issue of workers on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours worked. The proposals will also seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms at an early stage in their employment.

The policy response is being informed by the University of Limerick (UL) study on zero hour contracts and low hour contracts as well as the extensive material and practical examples provided by respondents to the public consultation conducted by my Department. My Depart-ment is currently engaged in a dialogue process with ICTU and IBEC to secure broad agree-ment before proposals are finalised. This work is being progressed as expeditiously as possible and is nearing conclusion. The intention is to bring our proposals to Government in Q1 2017.

02/03/2017WRR01200Industrial Disputes

02/03/2017WRR01300368. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the nature of any contact she has had with a company (details supplied) and the Mandate trade union regarding industrial action involving pre-1996 worker contracts; and if she will make a statement on the matter. [10937/17]

02/03/2017WRR01400Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): As we are all aware the issue relates to Tesco workers on legacy contracts (pre 1996). I understand that over a year ago that there were over 1000 such workers in Tesco on these legacy contracts. I further understand that Tesco offered a redundancy package as part of the process in place to resolve the dispute with workers on these legacy contracts and the number of employees now remaining on these contracts is reported to be below 250.

In situations such as this I would always advise and appeal to parties to use the offices of the WRC and the Labour Court and they have done so on this occasion. Both sides have engaged with the Workplace Relations Commission and the Labour Court and considered the proposals and recommendations made. Unfortunately, the matters were not resolved and a strike ensued. Further talks between Mandate and Tesco aimed at resolving the strike also ended without agreement on Friday 17th February and balloting of stores continued during the week begin-ning February 20th.

On Friday last (February 24th) both sides agreed to talks under the auspices of the Labour Court, which culminated in an agreement that involved Mandate immediately suspending all industrial action and Tesco issuing a statement in which it confirmed it would not make any changes to the pre-1996 terms and conditions while the talks process is ongoing.

In terms of any contact I have had with the parties to this dispute I can confirm that Tesco did write to me setting out their position in relation to this dispute. While my office acknowledged receipt of the correspondence as is normal practice, no further engagement took place.

I hope that you can join with me in encouraging both sides to make every effort to reach a resolution by agreement between the company management and the workers represented by their trade unions with the assistance of the Labour Court.


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02/03/2017WRR01500Unemployment Data

02/03/2017WRR01600369. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the unemployment figures for Waterford city and county, with a comparison with the figures nation-ally; and the steps she will take to further create jobs in Waterford. [10938/17]

02/03/2017WRR01700Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The latest CSO’s figures show that there were 7,823 on the Live Register in Waterford County and 9,271 people in Waterford City on the Live Register in January 2017. These figures represent decreases of 1,084 and 1,310 respectively over the previous 12 months.

The source of data in relation to unemployment rates is the Quarterly National Household Survey (QNHS) undertaken by the CSO. This information is available at national and regional level, and not at individual county level. The most recent QNHS shows that the unemployment rate in the South East has fallen from a peak of 20.1% in 2012 to 9.4% in Q4 2016. This com-pares to the national average of 6.7%.

The South East Action Plan for Jobs is the key policy response for supporting employment growth in the South East region, including Waterford, with public and private stakeholders actively engaged in delivering a range of innovative and practical actions set out in the Plan.

The core objective of the Plan is to see a further 25,000 at work in the region by 2020 and to reduce the unemployment rate to within 1% of the State average.

The first progress report on the implementation of the Action Plan was published last De-cember and shows that good progress was made in implementing the actions. The second Progress Report, which will cover the period to end-2016, is currently being finalised and is expected to show similar progress.

While the unemployment figures are still too high, the jobs situation in the South East is improving. Since 2012, the South East has had the fastest rate of jobs growth, in percentage terms, of any region in the country. Almost 215,000 people are now at work in the South East - an increase of 33,500 since 2012.

These figures demonstrate that the overall trend is one of steady improvement and I remain positive that the region is on the road to recovery.

The enterprise agencies are working extremely hard towards the ambitious targets set put in the Regional Action Plan.

Waterford is home to 35 existing IDA Ireland clients who between them employ 6,135 peo-ple in a range of manufacturing and service operations. IDA Waterford reported a net gain of 561 jobs in 2016. In addition, I recently announced that software company RedHat, the world’s leading provider of open source solutions, will create up to 60 jobs in Waterford.

Enterprise Ireland companies currently support 20,450 jobs in the South East region, 5,721 of which are based in Waterford. This is an increase of 2,140 since end-2014 for the region.

The Waterford LEO is fully engaged in supporting the micro-enterprise and small business sectors to create and sustain jobs. In 2015, a total of 416 new jobs were created by micro-en-terprises that had been supported by LEO Waterford. Data for 2016 has not yet been published.

02/03/2017WRR01800Unemployment Data

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02/03/2017WRR01900370. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the unemployment figures for the south east, with a comparison with the figures nationally; and the steps she will take to create further jobs in the south east. [10939/17]

02/03/2017WRR02000Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The most recent Quarterly National Household Survey (QNHS) undertaken by the CSO shows that the unemployment rate in the South East has fallen from a peak of 20.1% in 2012 to 9.4% in Q4 2016. This compares to the national average of 6.7%.

The South East Action Plan for Jobs is the key policy response for supporting employment growth in the South East region, with public and private stakeholders actively engaged in deliv-ering a range of innovative and practical actions set out in the Plan.

The core objective of the Plan is to see a further 25,000 at work in the region by 2020 and to reduce the unemployment rate to within 1 percentage point of the State average.

Key sectors targeted in the South East as part of the Plan include agri-food, tourism, life sciences, manufacturing, retail and financial and business services. The first progress report on the implementation of the Action Plan to June 2016 was published in December last and shows that good progress is being made. The second Progress Report, which covers the period to end-2016, is currently being finalised and is expected to show similar progress.

Since 2012, the South East has had the fastest rate of jobs growth, in percentage terms, of any region in the country. Almost 215,000 are now at work in the South East - an increase of 33,500 since 2012.

While the current unemployment rate is still too high, these figures demonstrate that the overall trend is one of steady improvement.

In addition, both IDA and Enterprise Ireland are placing extra emphasis on regional de-velopment in their current strategies. IDA is targeting an uplift of 30-40% in investments in all regions outside Dublin by 2019. In this context, I was pleased to make two significant job announcements in recent weeks in the South East region. 140 jobs will be created in Kilkenny arising from a new animation projects involving Mercury Filmworks of Canada and local stu-dio Cartoon Saloon, while Red Hat, the world’s leading provider of open source solutions, will create up to 60 jobs in Waterford.

02/03/2017WRR02100Gender Equality

02/03/2017WRR02200371. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation the steps she will take to address issues pertaining to the gender pay gap between men and women; and if she will make a statement on the matter. [10940/17]

02/03/2017WRR02300Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen): Policy responsibility for gender equality in employment remains with my colleagues the Tánaiste and Minister for Justice and Equality Frances Fitzgerald TD and her colleague David Stanton, TD Minister of State for Justice at the Department of Justice and Equality with special responsibility for Equality, Immigration, and Integration.

To that end, Minister of State Stanton is chairing the Strategy Committee to advise the Department of Justice and Equality on the preparation of the new National Women’s Strategy. In the public consultation, the gender pay gap has emerged as an issue of concern to many re-spondents.


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Under Section 10 of the Irish Human Rights and Equality Commission Act 2014, the Irish Human Rights and Equality Commission (IHREC) have a statutory role to ‘ keep under review the adequacy and effectiveness of law and practice in the State relation to the protection of hu-man rights and equality’.

With regards to my Department, in 2015 Ministers Richard Bruton and Ged Nash (then Minister for Jobs, Enterprise and Innovation and Minister for Business and Employment, re-spectively) wrote to the Low Pay Commission to report on the preponderance of women on the national minimum wage.

The report found only 5% of employees are on the National Minimum Wage. It is self-evident that men and women on the National Minimum Wage receive the same remuneration per hour - €9.25 per hour. However, 64.7% of employees on the National Minimum Wage are women. Reasons suggested by the report for this are; women tend to work part-time more often than men because of caring responsibilities, the cost of childcare and women are over-represented in the Accommodation and Food sector, which carries the greatest risk factor of being on the National Minimum Wage. The report was brought to Government and published in October 2016.

02/03/2017WRR02400Gender Equality

02/03/2017WRR02500372. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the gen-der employment gap based on latest data at hand; and if she will make a statement on the matter. [11034/17]

02/03/2017WRR02600Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen): The gender employment gap is defined as the difference between the male and female employment rates (the number of male/females aged between 15 and 64 expressed as a percent-age of the total male/female population aged between 15 and 64). According to the Central Statistics Office release regarding Quarter 4 2016, the male participation rate is 71.2% and the female participation rate is 60.1%.

A recent report (October 2016) from the European Foundation for the Improvement of Liv-ing and Working Conditions, based in Ireland, on the topic of the gender employment gap points out that in almost all Member States, employment and labour market participation (or activity) rates for women, even if they have increased over the decades, are still systematically lower than for men, while unemployment and, especially, inactivity rates are higher, due in large part to the disproportionately high number of women who do not participate because of care responsibilities.

This is consistent with the findings of the Low Pay Commission when it examined the pre-ponderance of women on the NMW. The Commission report pointed to CSO data that dem-onstrates the differing reasons for taking up part-time work: - for females, 24% indicate that ‘caring for children or incapacitated adults’ is the reason, with a further 28% indicating ‘other personal or family reason’. Clearly the same issues arise in terms of participation.

The Low Pay Commission agreed that the Government has recognised the impact and im-portance of the costs of childcare both to parents and to the labour market, and through its pro-posed actions in Budget 2017 has begun to put in place measures to help address the difficulties surrounding the lack of affordability of childcare in Ireland.

The Eurofound report indicates that in 2014, the EU employment rate for people aged 15 to 64, as measured by the EU’s Labour Force Survey, was 59.6% for women and 70.1% for men.

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Since 2008, the female employment rate has increased only slightly, with the convergence in employment driven by the relative worsening of the male employment rate. The gender gap in employment rates is highest in Greece, Italy and Malta, while it remains low in northern coun-tries such as Finland, Latvia, Lithuania and Sweden. Ireland is in a middle group where the rate ranges between 60% and 69%.

As the deputy will be aware, policy responsibility for gender equality in employment re-mains with my colleagues the Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD and her colleague David Stanton TD, Minister of State for Justice at the Department of Jus-tice and Equality with special responsibility for Equality, Immigration, and Integration. To that end, Minister of State Stanton is chairing the Strategy Committee to advise the Department of Justice and Equality on the preparation of the new National Women’s Strategy. Issues such as female participation and gender pay gaps arise in that context. My Department is represented on that Group.

02/03/2017WRR02700Research and Development Funding

02/03/2017WRR02800373. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the po-sition of Ireland in the EU rankings on total public expenditure on research and development based on latest data at hand; and if she will make a statement on the matter. [11038/17]

02/03/2017WRR02900Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The Irish Government allocated $915.7m (adjusted for Purchasing Power Parity (PPP)) on research and development (R&D) in 2015, or $197 (PPP) on a per-capita basis in 2015 on R&D, com-pared with $246 (PPP) per capita on average in EU28 countries and $276 (PPP) per capita on average for all OECD countries. Ireland’s per-capita Government allocations on R&D equate to approximately 80% of those of other EU28 countries and 71% of OECD countries. This expenditure level places Ireland in 15th place out of 23 EU Member States for which data are available in 2015, between Estonia (14th) and Spain (16th).

The Government’s budget for research and development increased by 1.3% in 2015 over the previous year to €736m and is estimated to have increased again in 2016 by 3.2% with allo-cated funding of €761m. Innovation 2020, Ireland’s cross-governmental strategy for Research and Development, Science and Technology, commits all Government Departments to increase overall levels of investment in the area of research, year on year, to 2020.

Innovation 2020 is based on a shared vision of Ireland becoming a Global Innovation Lead-er, driving a strong, sustainable, high employment economy and a better society. This strategy, led by my Department, sets out a roadmap to deliver on our vision and focuses on the excellence of our research, the development of our talent and the impact of our investment. Continued implementation of Innovation 2020 will enable us to further narrow the gap with the world’s most innovative countries and drive our objective of becoming a global innovation leader.

Total Government Budget Allocations for Research & Development (GBARD)

2015 GBARD(current PPP $)

Population Per capita

PPP=Purchasing Power Parity

Thousands Thousands (current PPP $)Total OECD 352,400,185 1,276,563 $276.05


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2015 GBARD(current PPP $)

Population Per capita

PPP=Purchasing Power Parity

EU28 (OECD est.) 125,526,627 509,715 $246.27Ireland 915,747 4,642 $197.27Source: Main Science & Technology Indicators, OECD, 2016/2

These figures relate to total Government budget allocations for R&D (GBARD). Included is funding for research in the higher education sector (administered by the Higher Education Authority, Science Foundation Ireland, etc.), the business sector (administered by Enterprise Ireland, IDA Ireland, etc.) and carried out in Government Agencies (e.g. Teagasc, the Marine Institute).

Country GBARD Population GBARD p/c EU RankAustria 3,448.18 8,629.52 399.58 6Belgium 3,182.83 11,212.00 283.88 10Czech Republic 2,176.13 10,542.94 206.41 13Denmark 2,805.68 5,682.00 493.78 3Estonia 264.29 1,313.30 201.24 14Finland 2,214.88 5,480.50 404.14 5France 17,735.40 66,504.00 266.68 11Germany 34,329.65 81,687.00 420.26 4Greece 1,499.59 10,858.02 138.11 18Hungary 736.56 9,839.30 74.86 22Ireland 915.75 4,642.24 197.26 15Italy 11,520.50 60,730.60 189.70 17Latvia 94.24 1,979.45 47.61 23Luxembourg 360.00 568.70 633.03 1Netherlands 6,058.79 16,932.00 357.83 8Norway 2,956.59 5,191.00 569.56 2Poland 4,164.16 38,455.00 108.29 21Portugal 3,009.96 10,358.10 290.59 9Slovak Republic 682.36 5,422.34 125.84 20Slovenia 273.56 2,063.30 132.58 19Spain 9,060.20 46,426.00 195.15 16Sweden 3,716.53 9,799.20 379.27 7United King-dom

14,708.01 65,110.00 225.89 12

United States 138,544.00 321,704.00 430.66 n/aEuropean Union (28 countries)

125,526.63 509,714.93 246.27

European Union (15 countries)

114,565.94 404,619.88 283.14

OECD - Total 352,400.18 1,276,563.09 276.05

02/03/2017WRR03000Research and Development Data

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02/03/2017WRR03100374. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation her views on the European Commission’s country report for Ireland and the finding that public research and development intensity has declined since 2009 (details supplied); and if she will make a statement on the matter. [11039/17]

02/03/2017WRR03200Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): Pub-lic expenditure on research and development (R&D) has been rising steadily since 2014. How-ever, due to the fact that our GDP levels have been rising at a far greater rate (notably to 26% in 2015) the R&D intensity rate has shown an overall decline. While the level of R&D expen-diture has been increasing, it has not been increasing in line with the fluctuating GDP levels.

Supporting research is a key pillar of Ireland’s enterprise policy given its role in driving pro-ductivity, competitiveness and thereby the creation and maintenance of jobs. Innovation 2020, Ireland’s cross-governmental strategy for Research and Development, Science and Technol-ogy, commits all Government Departments to increase overall levels of investment in the area of research, year on year, to 2020. In line with this commitment, the Government’s budget for research and development increased by 1.3% in 2015 over the previous year and is estimated to have increased again in 2016 by 3.2%.

02/03/2017WRR03300Food Industry Exports

02/03/2017WRR03400375. Deputy Frank O’Rourke asked the Minister for Jobs, Enterprise and Innovation the specific actions the Government and-or its agencies have taken to support the exporting food sector industry since the UK voted to leave the European Union; her views on making Naas, County Kildare, and the surrounding areas a hub for the food sector; and if she will make a statement on the matter. [11060/17]

02/03/2017WRR03500Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): The Irish Food Sector is one of the most important sectors of the Irish Economy and remains Ire-land’s biggest exporter. The Food sector is a key priority for Enterprise Ireland and a significant employer across the regions and in County Kildare in particular.

Enterprise Ireland (EI) works in tandem with Bord Bia who is charged with the promotion of Irish food at home and abroad. Enterprise Ireland also has responsibility for attracting for-eign direct investment (FDI) in the food sector to Ireland.

Over 1400 EI client companies have recorded exports to the UK and over 200 of these are food companies. EI is working on an individual and a subsectoral basis where appropriate to support client companies to respond to Brexit.

Despite the uncertainty that the UK vote created, the UK market will continue to be a prior-ity market for Irish food exporters due to its geographical proximity, a common language and similar culture in food.

On 9th January this year, EI published its new strategy 2017-2020 – Build Scale, Expand Reach. Regarding the food sector, this Strategy will involve a targeted focus on supporting clients to enhance their competitiveness and innovation capability.

In 2016, EI increased the number of Lean Plus Grants available to companies to support their enhanced competitiveness. EI, in collaboration with Bord Bia, also developed a Market Access Grant, which is an internationalisation support for food companies. Customised man-agement development programmes are also provided to equip clients with the tools and tech-niques to operate more effectively and to build international scale.


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Innovation is a critical component of competitiveness and it also enables food companies to diversify into new products and in turn new markets. EI will continue to drive company level R&D and Industry-led research and provide funding for Higher Level Research Institutes and the Technology Centres programme to support the sector.

EI will continue to work closely with all the existing food companies in the Kildare region and any potential new start-up companies who may be looking to set up in the area.

The Government, under the Action Plan for Jobs, is supporting all eight Regional Action Plans for Jobs and providing investment of up to €60 million over the period to 2020 to support collaborative approaches to boost enterprise and job creation across the regions. This competi-tive funding is aimed at accelerating economic recovery in every part of the country by deliver-ing on the potential of local and regional strengths.

In particular, the Regional Action Plans for Jobs will respond proactively to economic de-velopments that have specific impacts on regions, such as Brexit and the Border region, through facilitating and encouraging the development of collaborative initiatives in the areas of entre-preneurship, capability development and mentoring, together with sector and cluster initiatives that could be successful in competitive calls for funding. Regional calls for funding adminis-tered by Enterprise Ireland will be issued shortly.

02/03/2017WRR03600Brexit Issues

02/03/2017WRR03700376. Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the measures that have been introduced to assist sectors that are heavily or totally dependent on the sterling area for their export markets and that have been impacted negatively since the British referendum on EU membership and the fall in the value of sterling; and if she will make a state-ment on the matter. [11110/17]

02/03/2017WRR03800Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): Giv-en that Brexit is likely to represent a structural shift in the UK trading relations with partners, short, medium and long term responses are needed. These include market diversification, cost reduction, innovation and price repositioning. My Department, Enterprise Ireland (EI) and the Local Enterprise Offices (LEOs) have measures in place to address these issues for client com-panies. These measures include:

- The LEO Capital allocation being increased by €4m for 2017 which will be used to en-hance the competitiveness of longer term start-ups, micro and small firms and will help the LEOs develop business capabilities in innovation, market diversification, cost competitiveness and business management.

- Securing monies for Enterprise Ireland to have an additional 39 targeted posts to enable it to support clients across markets. This will include management capability, leadership, mar-keting/sales skills, innovation and R&D to help companies build market share and create new market opportunities. EI will also support clients to reduce supply chain costs and drive ef-ficiencies and cost reductions.

My Department, along with stakeholder groups and the Department of Finance and the Strategic Banking Corporation of Ireland has conducted a structured engagement with a diverse range of companies across all sectors and regions. The aim of this engagement is to construct an evidence base on which appropriate, tailored and targeted responses can be delivered to meet real identified business needs.

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Results of this quantitative and qualitative research are currently being analysed.

The outcome of the structured engagement, along with market developments as a result of Brexit, will inform further discussions and the development of any initiatives for business.

02/03/2017WRR03900Legislative Process RIA

02/03/2017WRR04000377. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the legis-lative proposals published by her Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by her Department that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11155/17]

02/03/2017WRR04100378. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if regula-tory impact assessments for legislative proposals published by her Department include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11170/17]

02/03/2017WRR04200Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell O’Connor): I propose to take Questions Nos. 377 and 378 together.

2011Bill/Act published where Regulatory Impact Assessment was undertaken

Did the RIA include the Specific impacts referenced

Patents (Amendment) Bill 2011 YesProtection of Employees (Temporary Agency Work ) Bill 2011

Yes

Industrial Relations (Amendment) (No. 3) Bill 2011

No

Competition (Amendment) Bill 2011 YesBill/Act published which did not undergo Regulatory Impact AssessmentAll published Bills or Acts underwent Regulatory Impact Assessments

N/A

2012 Bill/Act published where Regulatory Im-pact Assessment was undertaken


Credit Guarantee Act 2012 NoMicroenterprise Loan Fund Act 2012 NoWorkplace Relations Bill 2012 NoCompanies Bill 2012 YesBill/Act published which did not undergo Regulatory Impact AssessmentCompanies (Amendment) Act 2012 N/A



County Enterprise Boards (Dissolution) Bill, 2013

Yes


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2013Employment Permits (Amendment) Bill 2014

Yes

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013

Yes

Companies (Miscellaneous Provisions) Bill 2013

Yes

Friendly Societies and Industrial Provident Societies (Miscellaneous Provisions) Bill 2013

No

Bill/Act published which did not undergo Regulatory Impact AssessmentIndustrial Development (Forfás Dissolution) Bill 2013

N/A



Intellectual Property (Miscellaneous Provi-sions) Act 2014

No

Workplace Relations Bill 2014 YesAmendment to Workplace Relations Bill 2014 to amend the Organisation of Working Time Act 2014

No

Competition and Consumer Protection Bill 2014

Yes

Bill/Act published which did not undergo Regulatory Impact AssessmentAll published Bills or Acts underwent Regulatory Impact Assessments

N/A



National Minimum Wage (Low Pay Com-mission) Bill 2015

No

Industrial Relations (Amendment) Bill 2015

No

Bill/Act published which did not undergo Regulatory Impact AssessmentAll published Bills or Acts underwent Regulatory Impact Assessments

N/A



Knowledge Development Box (Certifica-tion of Inventions) Bill 2016

Yes

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2016European Union (Electromagnetic Compat-ibility) Regulations 2016

Yes

Credit Guarantee (Amendment) Act 2016 NoHallmarking (Amendment) Bill 2016 NoCompanies (Accounting) Bill 2016 YesBill/Act published which did not undergo Regulatory Impact AssessmentAll published Bills or Acts underwent Regulatory Impact Assessments

N/A

02/03/2017WRR04300Child Abuse

02/03/2017WRR04400379. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the number of allegations of child abuse received by Tusla in each of the years 2014 to 2016; the number of cases referred for prosecution; the number of cases that were deemed to be unfounded; and the number of cases of false reporting referred for prosecution under section 5 of the Protections for Persons Reporting Child Abuse Act 1998. [10787/17]

02/03/2017WRR04500Minister for Children and Youth Affairs (Deputy Katherine Zappone): I can inform the Deputy that Tusla has advised that the numbers of referrals of child abuse received by social work for the years 2014 to 2016 are as follows:

- 2014 = 18,676 referrals of child abuse received during the reporting year

- 2015 = 18,235 referrals of child abuse received during the reporting year

- 2016 = 14,174 referrals of child abuse received up to end of September 2016 (Data is re-ported quarterly in arrears)

It should be noted that more than one referral can be received in respect of one child or a particular issue relating to that child. The other information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.

02/03/2017WRR04600Aftercare Services

02/03/2017WRR04700380. Deputy Jan O’Sullivan asked the Minister for Children and Youth Affairs the number of young persons in receipt of aftercare support who are not engaged in training or education; the number in full-time or part-time employment; the actions her Department and Tusla are tak-ing to encourage and support labour market activation for those young persons not currently in employment; and if she will make a statement on the matter. [11144/17]

02/03/2017WRR04800Minister for Children and Youth Affairs (Deputy Katherine Zappone): I can advise that at the end of Quarter 4 2016 there were 1,806 young adults aged 18 to 22 inclusive in receipt of aftercare supports.

I have been informed by Tusla that 1,040 (58%) of young adults receiving aftercare supports were in full time education/ accredited training. A total of 766 young adults (42%) were not in full time education/ accredited training. Tusla has advised me that it does not collate data in relation to the employment status of young adults in aftercare.


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The aftercare plan, agreed between the young person and Tusla, will identify the manner by which labour market activation is to be progressed. Tusla also supports young people in apply-ing for jobs, as well as developing their CVs and interview techniques. Tusla has stated that it works closely with other Departments and agencies to secure courses and training for young people where employment may not be an option available to them at the moment.

As the Deputy is aware, labour market activation policies and supports are a matter for the Department of Social Protection and representatives of that Department will work with young people in aftercare, taking into account their aftercare plan, to meet the young person’s ex-pressed and identified need .


02/03/2017WRR05000381. Deputy Niall Collins asked the Minister for Children and Youth Affairs the legisla-tive proposals published by her Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by her Department that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11147/17]

02/03/2017WRR05100Minister for Children and Youth Affairs (Deputy Katherine Zappone): A Regulatory Impact Analysis was published in respect of the following Bills:

Child and Family Agency Bill 2013

Children First Bill 2014

Children (Amendment) Bill 2015

Adoption (Amendment) Bill 2016

Adoption (Information and Tracing) Bill 2016

In respect of the Child Care (Amendment) Bill 2015, a Regulatory Impact Analysis was prepared and submitted to Government but not published on publication of the Bill. My De-partment is currently arranging for publication of the relevant Regulatory Impact Assessment on the Department’s website. In addition, the following three Bills were published without an associated Regulatory Impact Analysis:

31st Amendment to the Constitution (Children) Bill 2012

Child Care (Amendment) Bill 2013

Adoption (Amendment) Bill 2013

Both the Child Care (Amendment) Bill 2013 and the Adoption (Amendment) Bill 2013 were published as emergency legislation.


02/03/2017WRR05300382. Deputy Niall Collins asked the Minister for Children and Youth Affairs if regula-tory impact assessments for legislative proposals published by her Department include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11162/17]

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02/03/2017WRR05400Minister for Children and Youth Affairs (Deputy Katherine Zappone): Regulatory Im-pact Analyses were published by my Department in respect of the Child and Family Agency Bill 2013, the Children First Bill 2014, the Children (Amendment) Bill 2015, the Adoption (Amendment) Bill 2016 and the Adoption (Information and Tracing) Bill 2016.

In respect of the Child and Family Agency Bill 2013, impacts were assessed in respect of a number of matters in the Regulatory Impact Analysis including competitiveness and industry costs and it was found that there was no direct impact relating to these issues.

In respect of the Children (Amendment) Bill 2015, impacts were assessed in respect of a number of matters in the Regulatory Impact Analysis including north-south or east-west rela-tions, employment, gender equality, people with disabilities, industry costs or rural communi-ties and it was found that there was no direct impact relating to these issues. The Regulatory Impact Analysis also considered the impact on persons experiencing or at risk of poverty or social exclusion. It was considered that the Bill would have a beneficial impact in respect of children from socially excluded groups or communities as many of the children in contact with the criminal justice system are from such groups or communities and the Bill included provision for preventing the progression of children into the adult prison system to the greatest degree possible.

The Regulatory Impact Analyses in respect of the Children First Bill 2014, the Child Care (Amendment) Bill 2015 the Children (Amendment) Bill 2015, the Adoption (Amendment) Bill 2016 and the Adoption (Information and Tracing) Bill 2016 did not assess impacts under the various categories referred to by the Deputy.

02/03/2017WRR05500Defence Forces Retirements

02/03/2017WRR05600383. Deputy Fiona O’Loughlin asked the Taoiseach and Minister for Defence the number of Defence Forces personnel of NCO rank who have left the forces prior to their scheduled retirement dates on age grounds in each of the past five years; and if he will make a statement on the matter. [10802/17]

02/03/2017WRR05700Minister of State at the Department of Defence (Deputy Paul Kehoe): The Military Au-thorities have advised me that the information sought cannot be provided in the time available for reply. The information will be provided to the Deputy as soon as it is available.

02/03/2017WRR05800Defence Forces Retirements

02/03/2017WRR05900384. Deputy Fiona O’Loughlin asked the Taoiseach and Minister for Defence the number of Defence Forces personnel of commissioned officer rank who have left the forces prior to their scheduled retirement dates on age grounds in each of the past five years; and if he will make a statement on the matter. [10803/17]

02/03/2017WRR06000Minister of State at the Department of Defence (Deputy Paul Kehoe): The Military Au-thorities have advised me that the information sought cannot be provided in the time available for reply. The information will be provided to the Deputy as soon as it is available.


02/03/2017WRR06200385. Deputy Niall Collins asked the Taoiseach and Minister for Defence the legislative


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proposals published by his Department between 2011 to 2016 that underwent a regulatory im-pact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11149/17]

02/03/2017WRR06300386. Deputy Niall Collins asked the Taoiseach and Minister for Defence if regulatory im-pact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11164/17]

02/03/2017WRR06400Minister of State at the Department of Defence (Deputy Paul Kehoe): I propose to take Questions Nos. 385 and 386 together.

My Department published the following legislative proposals between 2011 and 2016:

1. Defence (Amendment) Act 2011;

2. Civil Defence Act 2012;

3. Defence Forces (Second World War Amnesty and Immunity) Act 2012;

4. Defence (Amendment) Act 2015.

In general, legislation emanating from the Department of Defence is focused on Defence issues only and does not apply to the ordinary citizen or to business. For this reason, it was considered that a formal regulatory impact assessment was not needed in relation to the legisla-tive proposals produced by the Department since 2011. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.

Written Answers.

Documents

Transcript of Written Answers.