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Nursing Home Subventions. (28 Jun 2006)

Brian Lenihan Jnr: Tá a fhios agam. Ba mhaith liom buíochas a ghabháil leis an Teachta as ucht an cheist seo a phlé ar Athló on Tí. It gives me an opportunity to outline to the House the current position on the nursing home subvention scheme. I fear the Deputy has heard these ominous word before. The Deputy is aware of the principles of the subvention, the criteria applied and the fact that there are...

Nursing Home Subventions. (28 Jun 2006)

Brian Lenihan Jnr: The average rate of subvention paid by the HSE generally exceeds the current approved basic rates. Although the Deputy appealed to me not to trespass on her time and outline to the House the amount of expenditure that takes place on the subvention, I have to point out that expenditure on the scheme has increased from €5 million in 1993 to €140 million last year. I do not propose to go...

Nursing Home Subventions. (28 Jun 2006)

Brian Lenihan Jnr: The Department is examining primary legislation to expand the policies and principles of the subvention scheme to facilitate implementation of the scheme by the HSE throughout the country. This is proceeding through the Dáil and may afford the Deputy a legislative peg on which to hang her argument again. The thresholds contained in the Nursing Homes (Subvention) Regulations 1993 on an...

Credit Union Act. (28 Jun 2006)

Brian Lenihan Jnr: I am replying on behalf of the Minister for Finance, Deputy Cowen. I thank Deputy Healy for raising the matter. It is an important issue which the Department of Finance is examining. Under section 35 of the Credit Union Act, loan terms over five and ten years are limited to 20% and 10% respectively of each credit union's portfolio overall. These limits may be changed by ministerial order...

School Accommodation. (28 Jun 2006)

Brian Lenihan Jnr: I thank the Deputies for raising this matter and giving me an opportunity to reply on behalf of the Minister for Education and Science. I will outline to the House the strategy being implemented by the Department of Education and Science to ensure there is adequate primary school provision for the rapidly expanding area of Laytown and Bettystown in County Meath, not just for next September...

School Accommodation. (28 Jun 2006)

Brian Lenihan Jnr: I assume they will have to be.

Written Answers — Foreign Adoptions: Foreign Adoptions (28 Jun 2006)

Brian Lenihan Jnr: In accordance with the 1991 Adoption Act, in order to adopt, a person, or persons, who are resident in Ireland must apply for a Declaration of Eligibility and Suitability. Such Declarations are issued by the Adoption Board. The application must be made through their local Health Service Executive Office / Adoption Society. A list of these offices is attached below for the Deputy's...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I move amendment No. 1: In page 5, line 20, to delete "This Act" and substitute "Subject to subsection (3), this Act". This issue was discussed on Committee Stage when the Minister indicated that she was prepared to introduce appropriate amendments on Report Stage. Amendments Nos. 1 to 4 have the effect of ensuring that all sections of the Bill will take effect within one year of enactment....

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I move amendment No. 4: In page 5, between lines 23 and 24, to insert the following: "(3) If, immediately before the expiration of the period of one year from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: As the Deputy indicated, the Minister tabled a Committee Stage amendment, the purpose of which was to permit the governing body of an institute, with the approval of the Minister, to call the chief officer of that institute by a title other than director. In fact, the amendment tabled by the Minister gives greater flexibility to institutes than the Deputy's amendment. Under the former, an...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: There is no disagreement between Deputy Enright and I on this issue and I thank her for tabling an amendment to highlight the need to enshrine in legislation the principle of access to education in institutes for persons with disabilities.

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I move amendment No. 9: In page 9, to delete line 49 and substitute the following: "disadvantaged persons, by persons who have a disability and by persons".

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: Deputy O'Sullivan raises interesting questions on tenure and academic freedom. The issues relating to tenure which are the subject of the amendments tabled by the Deputy were discussed on Committee Stage. It is not entirely clear what is meant by the expression "tenure" in this particular context. I will declare an interest in that I was once a lecturer in a university and my understanding is...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I move amendment No. 27: In page 13, line 32, after "be" to insert ", but not later than 3 months,". On Committee Stage Deputies Enright and Gogarty raised the issue of requiring annual reports to be finalised within a fixed period after the end of the academic year. The Minister indicated she would bring forward amendments on Report Stage to address this point and the purpose of amendments...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: While I appreciate the spirit in which Deputy O'Sullivan tabled this amendment, one must think through the implications of it. The legislation is modelled on the traditional system, with which we are all familiar in the county councils, where distinction is drawn between executive and reserve functions. As Deputy O'Sullivan indicated, the reserve functions are matters for the governing body....

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: The view the Minister took was that the Oireachtas must determine in the legislation what are the respective functions. Perhaps I overstated the position somewhat in explaining her position. It is only in the case of a dispute that the Minister has power. The delineation of the functions is set out in the Bill and would require legislative change. It may be that a particular dispute could...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: I regret to advise Deputy Enright that the Minister remains unpersuaded. The Minister maintains that these amendments are not necessary because section 21D provides that a governing body must prepare a statement of the institute's policies on access to education by economically or socially disadvantaged people, people with disabilities and people who are significantly under-represented in the...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: First, the prohibition on the director questioning or expressing an opinion on the merits of Government or ministerial policy is limited to the circumstances of giving evidence to the Committee of Public Accounts. That constraint does not apply in any other forum. Therefore, the director can leave the Committee of Public Accounts and make a statement criticising Government policy ten minutes...

Institutes of Technology Bill 2006: Report Stage. (29 Jun 2006)

Brian Lenihan Jnr: Deputy Enright obviously participates in discussions by her party's Front Bench on many issues. I have noted the use to which her party has applied the Committee of Public Accounts in recent months. The job of the committee is not to interrogate public policy but to check State accounts. This is not an accidental matter referred to in Standing Orders but a fundamental practice in Departments....

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Order for Second Stage. (29 Jun 2006)

Brian Lenihan Jnr: I move: "That Second Stage be taken now."

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