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Dáil Éireann debate -
Thursday, 24 May 2012

Vol. 766 No. 3

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 11, inclusive, answered orally.

Schools Building Projects

Dessie Ellis

Question:

12 Deputy Dessie Ellis asked the Minister for Education and Skills the project timetable for the construction of the new school build project in respect of a school (details supplied); if he will provide a current progress report on this project; and if he will confirm the expected completion date of the build. [25781/12]

As the Deputy will be aware, I recently announced a programme for the delivery of school buildings over the next five years as part of a major investment programme. A project for a new building for the school to which the Deputy refers was included in that announcement. My Department has reached agreement with Dublin City Council to acquire a site for the new school building and it is my Department's intention for the project to go to construction during the period 2014/15. Officials from my Department recently attended a public information meeting to apprise the local community of the proposed school design. I expect that a planning permission application for the development will be submitted to the local authority in the coming weeks.

Languages Programme

Éamon Ó Cuív

Question:

13 Deputy Éamon Ó Cuív asked the Minister for Education and Skills his views on a new commissioned research paper for the NCCA on the need for a new common integrated language curriculum for primary schools; and if he will make a statement on the matter. [25909/12]

The NCCA has commissioned three "language" reports in order to inform their work in implementing some of the commitments, contained in the National Literacy and Numeracy Strategy, that relate to the language curriculum in primary schools. The review of research, to which the Deputy refers, is one of three papers commissioned by NCCA to support the development of a new language curriculum for primary schools, beginning with infant classes. The other research reports focus on oral language in early childhood and primary education, and literacy in early childhood and primary education. The research paper on the common integrated language curriculum was written by Dr. Pádraig Ó Duibhir (St. Patrick's College, Drumcondra) and Professor Jim Cummins (Ontario Institute for Studies in Education, University of Toronto). It aims to gather research evidence on the feasibility and the advisability of a fully-integrated language curriculum for primary schools. The three reports are scheduled to be launched on 29th May.

Public Service Allowances

Robert Troy

Question:

14 Deputy Robert Troy asked the Minister for Education and Skills if he will provide an update of the review of public service allowances; and if he will make a statement on the matter. [25913/12]

As the Deputy will be aware, the review of allowances in the public service which is ongoing at the moment is being conducted by the Department of Public Expenditure and Reform. It would not be appropriate for me at this stage to comment on the detail of this review or to speculate on its possible outcome pending the completion of the review and its consideration by Government.

Schools Building Projects

Richard Boyd Barrett

Question:

15 Deputy Richard Boyd Barrett asked the Minister for Education and Skills the reason for postponing the new build at a school (details supplied) in County Dublin in view of the poor condition of the school buildings since the 1970’s; and if he will make a statement on the matter. [25920/12]

Newpark Comprehensive is one of five post primary schools in the Dun Laoghaire Post Primary Feeder Area. Overall enrolments in Newpark have increased by 4% in the last 4 years.

The building project for Newpark Comprehensive has been included in the 5 year construction programme and is scheduled to commence construction in 2015/16. A stage 2(b) submission was received last week and is currently under review. This submission includes tender documents and is the precursor to tender and construction stage.

Due to annual financial constraints and the need to prioritise the funding available each year for the provision of new school accommodation to meet the increasing demographic requirements it is not possible to advance all projects to construction in the early years of the programme.

School Staffing

Seamus Kirk

Question:

16 Deputy Seamus Kirk asked the Minister for Education and Skills if he will outline the number of retired teachers who were recently rehired in his Department; the details of their contracts in terms of length and pay; and if he will make a statement on the matter. [25899/12]

A circular governing recruitment of teachers was issued last May. This circular sets out to ensure, as far as possible, that people appointed to teach are registered teachers with qualifications appropriate to the sector and suitable to the post for which they are employed and that unemployed teachers are offered employment in preference to those who have retired. I also indicated last November that second level schools would be allowed to re-hire certain teachers to minimise any negative impact on Leaving and Junior Certificate students.

The data in my Department in respect of secondary and community/comprehensive schools indicate that two hundred and fifty four teachers who retired in February have been re-employed since the 1st March. The data also indicates that sixty seven primary teachers who retired in that period have been re-employed. The data in relation to teachers employed by VECs is not readily available.

The precise details of the duration of the contracts are not available in my Department. However the data available suggests that the terms of the circular are being complied with.

Schools Building Projects

Catherine Murphy

Question:

17 Deputy Catherine Murphy asked the Minister for Education and Skills if he will indicate definitively the date on which the new school building for a school (details supplied) in County Kildare will be opened for its purpose; and if he will make a statement on the matter. [25916/12]

The project to which the Deputy refers commenced construction in December 2010. The brief is for a new 16 classroom generic repeat design school. The project had a construction period of twelve months and was anticipated to be completed in January 2012. During construction a number of technical and legal issues arose which have delayed the completion of the project. These issues need to be resolved before the building project can be deemed to be substantially complete. The Design Team for the project are currently liaising with the Contractor with a view to having the remaining issues resolved as soon as possible. However it is not possible at this juncture to give a definitive date as to when the building will be opened. My officials have been in contact with the school authorities to inform them of the situation.

Departmental Funding

Martin Ferris

Question:

18 Deputy Martin Ferris asked the Minister for Education and Skills if he will commit to ring-fencing the moneys allocated by FÁS for the refurbishment of Lourdes Youth and Community Services until such time as the ownership of the property has been resolved. [25799/12]

The issue of allocating moneys for the refurbishment of Lourdes Youth and Community Services is a day-to-day administrative matter for FÁS. However I understand that the following is the position.

Last year the FÁS Board approved a grant for Lourdes Youth and Community Services and the North City Centre Community Action Project to undertake the refurbishment of Rutland Street School. The prime purpose was to enable them to relocate to this building to run their FÁS-funded Community Training Centre.

The building is in the ownership of the Dublin Diocesan Trust which is in negotiations with Dublin City Council to transfer ownership to the Council. The process is taking longer than anticipated. The Council has agreed that the community groups can refurbish the former school once negotiations are completed. Until then the Council can not offer a lease to the groups. In the absence of the legal certainty afforded by such a lease, FÁS can not, at this stage, commit funding for the refurbishment.

Adult Education

Barry Cowen

Question:

19 Deputy Barry Cowen asked the Minister for Education and Skills the kind of engagement SOLAS will have with industry in relation to the types of courses that are needed once it is set-up; and if he will make a statement on the matter. [25891/12]

Following the Government Decision to create SOLAS, an Implementation Group was set up to establish SOLAS. My Colleague, Minister of State, Ciaran Cannon is chairing this Group and its membership includes representatives from the Department of Education and Skills, FÁS, the Irish Vocational Education Association, the Department of Social Protection, the Department of the Taoiseach, and a representative of the private training sector. This is part of a wider reform programme that also includes the rationalisation of 33 VECS into 16 Education and Training Boards.

As part of its work, the Group already organised a public consultation process in which industry participated. Once SOLAS is established it will have strategic responsibility for training and further education. SOLAS will ensure that further education and training programmes are more flexible and responsive to meet the needs of jobseekers and industry. Accordingly, courses and their curricula will be constantly reviewed to ensure that they are aligned to the skills needs identified by SOLAS, the National Employment and Entitlements Service, the Expert Group on Future Skills Needs, and through direct contact with employers.

Schools Building Projects

Sandra McLellan

Question:

20 Deputy Sandra McLellan asked the Minister for Education and Skills if he will review the decision to exclude a school (details supplied) in County Galway from the capital building programme, while at the same time looking for expressions of interests for a new gaelscoil school in the same area, in which there is still capacity in adjacent schools to take up any envisaged increase in pupil numbers in the foreseeable future. [25782/12]

The decision to open a new school in Knocknacarra was made following a detailed study of the available demographic data for the area. My officials had a meeting with a deputation of principals from the area in late March to discuss the local principals' concerns regarding the need for a new school in the area. The issues raised by the principals at that meeting are being considered further.

For the five year construction programme, new school building projects as well as major extensions have been prioritised to meet projected increases in demographic needs in areas where such needs have been identified as being most acute.

School building projects currently in architectural planning, including the project referred to by the Deputy, will continue to be advanced within the context of the funding available. However, in light of current competing demands on my Department's capital budget, it is not possible to progress this project to construction at this time.

Brendan Griffin

Question:

21 Deputy Brendan Griffin asked the Minister for Education and Skills if he will prioritise the immediate construction of a school (details supplied) in County Kerry; and if he will make a statement on the matter. [25720/12]

The major building project for the school referred to by the Deputy has been included in the 5 year construction programme announced in March. The project is at the very early stage of architectural planning and has been scheduled to commence construction in 2015/16.

The Design Team has, earlier this month, started work on Stage 1 of architectural planning and has been invited to set a date for a meeting with the Department when they are ready to present their initial design strategy.

Once that strategy has been agreed, the design team will then progress the project through the remaining stages of architectural planning, completing the detailed design of the new school, securing planning permission and preparing the tender documents. The project will then progress to tender and construction in line with the schedule outlined above.

Question No. 22 answered with Question No. 7.

Institutes of Technology

Micheál Martin

Question:

23 Deputy Micheál Martin asked the Minister for Education and Skills if he will provide an update on funding for the DIT campus at Grangegorman, Dublin, following the recent approval by An Bord Pleanála; and if he will make a statement on the matter. [25901/12]

On 14th May 2012 An Bord Pleanála decided to approve the proposed Strategic Development Zone planning scheme for Grangegorman thereby allowing the development of the site to proceed.

Under the Infrastructure and Capital Investment Programme 2012-2016 announced last November, only projects in the higher education sector with existing contractual commitments will be completed during the period of that programme.

Notwithstanding this, the Government reaffirmed its support for the DIT campus development at Grangegorman with the proviso that works would not commence until after 2016.

In light of this, the Grangegorman Development Authority and the Dublin Institute of Technology have been exploring alternative strategies to allow a scaled back interim development to commence on the site. A proposal in this context is currently under development and discussion.

School Transport

Denis Naughten

Question:

24 Deputy Denis Naughten asked the Minister for Education and Skills if he will outline the conclusions of his review of forthcoming school transport changes; the impact that this will have on the viability of small schools; if consideration was given to these factors prior to the review of the staffing allocations for rural schools; and if he will make a statement on the matter. [25721/12]

I take it the Deputy is referring to the primary school transport changes. You will be aware that from September 2012, primary school transport eligibility for those pupils entering in September 2012, will be restricted to pupils who meet the distance eligibility criterion and are travelling to their nearest school.

Sample surveys undertaken by Bus Éireann show that the majority of children are in fact attending their nearest school, so this budgetary measure will not have any practical impact on the majority of children.

The criteria used for the allocation of teachers to schools are published annually on my Department's website.

The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing arrangements in schools for the 2012/2013 school year can also be affected by changes in their enrolment, the impact of budget measures and the reforms to the teacher allocation process.

Schools Building Projects

John Halligan

Question:

25 Deputy John Halligan asked the Minister for Education and Skills the reason for postponing the new build at a school (details supplied) in County Dublin in view of the poor condition of the school buildings since the 1970’s; and if he will make a statement on the matter. [25917/12]

Newpark Comprehensive is one of five post primary schools in the Dun Laoghaire Post Primary Feeder Area. Overall enrolments in Newpark have increased by 4% in the last 4 years.

The building project for Newpark Comprehensive has been included in the 5 year construction programme and is scheduled to commence construction in 2015/16.

A stage 2(b) submission was received last week and is currently under review. This submission includes tender documents and is the precursor to tender and construction stage.

Due to annual financial constraints and the need to prioritise the funding available each year for the provision of new school accommodation to meet the increasing demographic requirements it is not possible to advance all projects to construction in the early years of the programme.

Skills Development

Dara Calleary

Question:

26 Deputy Dara Calleary asked the Minister for Education and Skills if he is satisfied that targets set in the action plan for addressing high level skills shortages in the ICT sector go far enough and quick enough in view of the fact that there were 1,800 job vacancies in the ICT sector as of December 2011; and if he will make a statement on the matter. [25886/12]

The ICT Action Plan, developed in close collaboration with the ICT sector and the enterprise agencies, establishes a target of doubling the annual output of ICT graduates to 2,000 by 2018. In recognition of the fact that it will take time for recent increases in demand for STEM programmes to convert into increased graduate it also provides for a number of measures to increase the supply of domestic skills in the short term. 750 places have already been made available this year on intensive graduate skills conversions programmes with industry placements. Graduates will be available in early 2013. In addition, 530 people with a qualification at level 8 or Master's level in ICT are graduating this month from the first phase of Springboard 2011. A further 2,200 places on ICT programmes from certificate to masters degree level are also opening for application this week as part of the second phase of Springboard.

FÁS Training Programmes

Timmy Dooley

Question:

27 Deputy Timmy Dooley asked the Minister for Education and Skills if there will be a root and branch review of all course provision under the new SOLAS once it is established; and if he will make a statement on the matter. [25892/12]

Once established, SOLAS will have strategic responsibility for the training currently delivered by FÁS and the further education currently delivered by VECs. The programmes will be integrated, flexible, value-for-money and responsive to the needs of learners and the requirements of a changed and changing economy. SOLAS will also ensure that further education and training programmes are more flexible and responsive to meet the particular needs of jobseekers and enterprise. As part of this process, courses and their curricula will be constantly reviewed in consultation with the VECs, which are being rationalised into 16 Education and Training Boards to ensure that they are fully aligned to the skills needs identified by the Expert Group on Future Skills Needs (EGFSN). These reviews will be facilitated by the FÁS National Skills Database, regular contact with the Department of Social Protection, together with information from a range of sources, including direct contact with employers, independent surveys on course outcomes, and national and international research on skills needs.

Niall Collins

Question:

28 Deputy Niall Collins asked the Minister for Education and Skills the number of places available on FÁS IT courses in each year between 2008 and 2012; the number of persons that completed FÁS IT courses in each year between 2008 and 2011; the number expected to complete such courses this year [25889/12]

This is a day to day operational matter for FÁS. The information sought by the Deputy is set out in a document:

2008

2009

2010

2011

2012

Course Category — Information Technology:

Course Calendar

Course Calendar

Course Calendar

Course Calendar

Course Calendar

Capacity

Throughput

In Training

Capacity

Throughput

In Training

Capacity

Throughput

In Training

Capacity

Throughput

In Training

Capacity

Computer Applications

6,987

4,899

2,835

10,361

9,213

3,494

7,929

10,610

2,872

5,604

5,407

2,077

6,847

Computer Hardware/ Networks/ Programming

1,433

378

244

2,711

450

536

4,520

2,077

475

2,650

853

768

4,048

Total:

8,420

5,277

3,079

13,072

9,663

4,030

12,449

12,687

3,347

8,254

6,260

2,845

10,895

Note:

In the years 2009-2011 inclusive more places were allocated to I.T. training than per the original course calendar due to course demand.

Throughput — number of learners that completed the course in the year.

In Training — number of learners that were still participating on the course at year-end.

Schools Building Projects

Caoimhghín Ó Caoláin

Question:

29 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills if he will provide an update on his plans for an extension to a school (details supplied) in County Cavan; the status of the school’s future development plans; and the action he will take in the coming period in relation to the school. [25788/12]

To ensure that every child has access to a school place, the delivery of projects to meet the increasing demographic demands will be the main focus for capital investment over the next 5 years, particularly in those areas where it has been identified that most future demographic growth will be concentrated. The project for the school referred to by the Deputy, will continue to progress through the design stages of architectural planning within the context of available funding. However, due to competing demands on my Departments capital budget, it is not possible at this time to progress the project to tender and construction stage.

EU Funding

Pearse Doherty

Question:

30 Deputy Pearse Doherty asked the Minister for Education and Skills the total number of persons who have accessed interventions from the European globalisation fund for redundant construction workers; the types of interventions that these persons have accessed and the total spend to date on these interventions; and if he will make a statement on the matter. [25790/12]

The three programmes in support of eligible redundant workers in the construction subsectors coded NACE 41, NACE 43 and NACE 71 which are being co-financed under the European Globalisation Adjustment Fund (EGF) are all ongoing until 9 June 2012. The Department is required under the EGF Regulations to submit a final report and accompanying statement of expenditure to the European Commission in relation to each programme by 9 December 2012. As such, final data on activity levels and related expenditure remain to be collated and certified within this period. In this context a number of claims will be made in due course to the Department for reimbursement on behalf of service providers.

However, in overview terms the Department currently estimates that since 1 July 2009 over 8,000 interventions have been commenced to date in support of the eligible redundant workers in question. These interventions include guidance, training, further education, higher education and enterprise supports.

Letter of notification of relevant EGF services issued to eligible redundant workers on 19 December 2011 including a number of additional interventions such as the provision of EGF Training Grants and tailored career planning courses run by Vocational Education Committees.

A number of reports compiled by WRC Social and Economic Consultants for the Department which detail the take up of EGF interventions since 19 December 2011 are available on the Department's dedicated website www.egf.ie. The latest report setting out the position to 27 April 2012 will be available shortly. This report indicates some 451 persons at various stages of engagement in accessing relevant interventions and another 152 persons being actively case managed in this regard; a further 205 persons have either indicated that they are not interested in taking up EGF interventions, or have not to date sought or engaged in a specific EGF intervention.

State Examinations

Gerry Adams

Question:

31 Deputy Gerry Adams asked the Minister for Education and Skills the number of junior certificate students who will sit the 2012 junior certificate Irish exam. [25779/12]

The number of students who took the optional Junior Certificate Irish oral test in 2012 is 7,355 in 142 schools. These figures are indicative. As schools hold these tests themselves our experience has been that the final picture will only become known when the resulting process is complete which will be later in the summer.

The total number of students entered for Junior Certificate Irish this year is 51,385. The written examinations are on 7th June.

Special Educational Needs

Michael Colreavy

Question:

32 Deputy Michael Colreavy asked the Minister for Education and Skills the provisions he has put in place for schools in which their July Programme overseer has been withdrawn. [25796/12]

Michael Colreavy

Question:

56 Deputy Michael Colreavy asked the Minister for Education and Skills if he will provide a list of all schools on a county basis that have had their funding withdrawn for their 2012 July Programme overseer. [25797/12]

Mary Lou McDonald

Question:

58 Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will reinstate the overseer position in a school (details supplied) in Dublin 5 for the 2012 July Programme. [25794/12]

Mary Lou McDonald

Question:

65 Deputy Mary Lou McDonald asked the Minister for Education and Skills the number of schools that have had their July Programme overseer funding withdrawn for 2012. [25795/12]

Finian McGrath

Question:

77 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding cuts in respect of a school (details supplied) in County Offaly. [25960/12]

I propose to take Questions Nos. 32, 56, 58, 65 and 77 together.

The July Education Programme (July provision) allows schools to open for the month of July, to accommodate pupils with severe and profound educational needs, and children with autism. In order to facilitate the July Education Programme, four payments are payable to school staff:

1. A Preparation allowance (generally paid to Principals);

2. An Overseer allowance (generally paid to Principals);

3. An allowance payment to Special Needs Assistants for work on delivery of the programme;

4. A payment to teachers for delivering the programme.

While the payment to teachers is being fully maintained, the Preparation and Overseer allowances and the allowance payment to SNAs, fall within the terms of the public service wide review of allowances currently being undertaken by the Department of Public Expenditure and Reform. Given the exceptional circumstances of these allowances, and the potential disruption to planning and delivery of services in the near future, I can advise that the Department of Public Expenditure and Reform has provided sanction for these allowances to be paid to principals and SNAs for this year. A revised letter will issue from my Department in the coming days to this effect.

If schools decide not to offer July provision, my Department will make home tuition allowances available to the parents of children who would qualify to participate in July provision.

I am committed to continuing to support the educational needs of all children, and sincerely hope that most schools who have evidence of local demand will continue to offer July provision as a way of supporting those children and their parents.

School Staffing

Pearse Doherty

Question:

33 Deputy Pearse Doherty asked the Minister for Education and Skills in view of the numbers of teachers on the panel in the Diocese of Raphoe and the lack of permanent positions within County Donegal; his views that this panel will empty prior to the new school year in September; and his further views on whether teachers will be asked to return to their schools carrying out administrative duties. [25791/12]

The redeployment of all surplus permanent teachers is key to the ability of the Department to manage within its payroll budget and ceiling on teacher numbers. Schools with vacancies are required to fill their vacancies from the list of surplus permanent teachers on the redeployment panels.Surplus permanent teachers are redeployed within each panel area to permanent posts and then as necessary to temporary posts. The redeployment process also include contingency arrangements to facilitate the redeployment of any residual surplus permanent teachers to other panels.

The main redeployment panels issued on 30 April, 2012 and my Department provides regular updates on the website in relation to the operation of the panels including the panel for the Diocese of Raphoe.

Departmental Staff

Dessie Ellis

Question:

34 Deputy Dessie Ellis asked the Minister for Education and Skills if he will provide details of the retired teachers who are employed by the teacher education section in providing continuing professional development and the details of payments or expenses paid to each in the past three years. [25780/12]

Since September 2010, Blackrock Education Centre has been responsible for a central database of part time personnel available for work with the professional development support services and for the management of payments and engagement of such personnel within approved limits. The arrangements in place provide for education centres to directly engage personnel, which may include retired personnel, to work on behalf of the professional development support services. The professional development support services for teachers funded by my Department currently have 1,251 teachers registered for part time employment to supplement the provision of full time personnel, and to provide support in specialist areas where there is no capacity within the full-time teams. Of this amount just over 8% (104) are retired personnel. In the school year 2010-2011 retired personnel worked for an average of just over 4 days, and in the school year 2011-2012 retired personnel worked for an average of just over 5 days. The amounts paid by Blackrock EC in the period 2010-2012 are as follows:

2010 —€104,509 of which €53,233 relates to travel and subsistence expenses.

2011 —€247,380 of which €135,444 relates to travel and subsistence expenses.

2012 —€39,787 of which €21,916 relates to travel and subsistence expenses.

School Evaluations

Robert Troy

Question:

35 Deputy Robert Troy asked the Minister for Education and Skills the reason for the delay in publishing the value for money review of small schools; and if he will make a statement on the matter. [25912/12]

Work is under way to finalise the report of the value for money review of small primary schools which I expect to receive shortly. After I have received and considered the report, I will arrange publication. I am committed to publication of the review and I look forward to hearing views and contributions from the House to further debate on this issue.

Technological University

Michael Moynihan

Question:

36 Deputy Michael Moynihan asked the Minister for Education and Skills the progress made to date in relation to the establishment of technological universities; and if he will make a statement on the matter. [25907/12]

A clear four stage process and criteria for designation as Technological University was published in February of this year. Institutions proposing to merge and apply for designation as technological universities, including those in the South-East will need to submit a formal expression of interest within a six month period and will be advised within a further six months whether they can proceed to the second stage for designation. The drafting of legislative proposals to provide for the amalgamation of Institutes of Technology and the establishment of Technological universities will be advanced in tandem with the designation process as part of the work which is underway on implementing the higher education strategy.

State Agencies

John Browne

Question:

37 Deputy John Browne asked the Minister for Education and Skills if he will provide a timeline for the establishment of SOLAS and the progress to date in establishing SOLAS; and if he will make a statement on the matter. [25915/12]

Following the Government Decision to create SOLAS, an Implementation Group was set up to establish SOLAS. I am chairing this Group and its membership includes representatives from the Department of Education and Skills, FÁS, the Irish Vocational Education Association, the Department of Social Protection, the Department of the Taoiseach, and a representative of the private training sector. This is part of a wider reform programme that also includes the rationalisation of 33 VECS into 16 Education and Training Boards. The Group has been meeting regularly to drive the process forward. The Heads of a Bill for the establishment of SOLAS have been approved by Government and have recently been referred to the Office of the Attorney General for drafting purposes. The Bill will, inter alia, provide for the establishment of SOLAS and for the dissolution of FÁS. I expect to publish this legislation in the autumn session.

Question No. 38 answered with Question No. 9.

State Examinations

Clare Daly

Question:

39 Deputy Clare Daly asked the Minister for Education and Skills the number of school leavers who completed leaving certificate during each of the past five years; the social backgrounds according to the Central Statistics Office classification; the average leaving certificate points secured by the students in each social class; his views on whether significant extra resources need to be allocated to post leaving certificates and institutes of technology to enable the children of workers defined by the CSO as from the lower socio-economic categories, to continue to access third level education and training (details supplied). [25724/12]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. Statistics in relation to the Junior Certificate and Leaving Certificate examinations (2000-2011) including the number of school leavers who completed the Leaving Certificate and Junior Certificate for the last 12 years can be downloaded from State Examinations Commission website:- www.examinations.ie/statistics. The State Examinations Commission does not have direct details on the socio-economic background of students. However, candidates whose parents or guardians hold a current medical card are exempt from paying examination entry fees. Approximately 30% of all candidates benefit under this scheme and the number of such candidates has increased in recent times. The fee alleviation scheme does not apply to appeal fees or to statement fees.

I wish to inform the Deputy that the HEA published, in January 2010, its report "Hidden Disadvantage? A study on the Low Participation in Higher Education by the Non-Manual Group". It provides a wealth of data on Leaving Certificate achievement and participation in higher education by social class. The research was conducted by the ESRI. The report highlights that participation in higher education has risen steadily in Ireland since 1960s. However, it also found that the only exception to this trend was those participants from the non-manual socio economic group — which in fact showed a decline in their estimated participation rate — from 29% in 1998 to between 25 and 27% in 2004.

The Post Leaving Certificate (PLC) programme is available to young people who have completed their Leaving Certificate and adults returning to education. Its purpose is to enhance their prospects of gaining employment or progressing to further or higher education. 65% of PLC participants were exempt from payment of the PLC participant contribution introduced this year. Full medical card holders (in their own right and their dependent children), those eligible under the student grant scheme and /or those in receipt of the Back to Education Allowance (BTEA) or Vocational Training Opportunities Scheme (VTOS) allowances are exempt from paying the contribution, which should ensure that those who are less well off will continue to have access to PLC courses.

In 2009, 1,500 additional PLC places were allocated to VECs and in May 2011 due to prioritisation and, as part of the Jobs Initiative, a further 1,000 PLC places were allocated, bringing the total number of approved PLC places nationwide to 32,688, which enabled some 36,600 people to participate in PLC courses in the current academic year. My Department is not in a position at this point to increase that number further, or to approve all the places sought. There is a continuing requirement to plan and control numbers, to manage expenditure and provide for future investment and growth, within the context of overall educational policy and provision.

The Department of Education and Skills allocates funding to third level institutions, including Institutes of Technology, to support the implementation of equality of access and lifelong learning policies, through the Recurrent Grant Allocation Model (RGAM). In 2012, a total of €20.2m in core access funding has been allocated to the thirteen Institutes of Technology to cater for students in each of the institutions who enter as mature students or who are from target socio-economic groups or have a disability. Each Institute of Technology also receives an annual allocation from the Student Assistance Fund. Full-time students registered in Institutes of Technology on courses of not less than one-year duration leading to an undergraduate or postgraduate qualification are eligible to apply for the Fund. Assistance is commonly provided to help students with the costs of rent, childcare, and books/materials. Students can make an application for support to their Access Officer.

A total of €9m was allocated for the Fund in 2011-12. Of this, €4.1m was allocated to the Institutes of Technology. A total of 3,454 students in the institutes of technology were supported by the Fund in 2010-11.

Special Educational Needs

Mick Wallace

Question:

40 Deputy Mick Wallace asked the Minister for Education and Skills further to the Dáil discussion relating to special educational needs on 19 April 2012, if he will confirm whether the right of parents to appeal the decision of a special education needs organiser in relation to special needs assistants allocation for their child has been removed; and if he will make a statement on the matter. [25925/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teaching support and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support which now includes a requirement for them to have regard to an overall cap on the number of posts available.

The NCSE has advised my Department that it is in the process of reviewing and developing an appeals process for schools, which will be in place for the 2012/13 school year allocations process. In the interim, for the current school year, the NCSE has retained a number of SNA posts in order to allocate them over the remainder of the school year in respect of emergency cases or new diagnosis. Where schools seek to have their SNA provision reviewed or make a new application, they should contact the NCSE in this regard. It is expected that schools, before requesting any review of their SNA provision, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

Educational Projects

Bernard J. Durkan

Question:

41 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which he and or his Department continues to examine and identify the quality, scale and skills requirement at all levels in the educational sector in the future; if discussions have taken place with industry and academia with a view to identifying how best to meet any such requirements emerging; his plans to meet such requirements in the short, medium to long term with particular reference to the recognition of the major role to be played by education towards economic recovery and future development; and if he will make a statement on the matter. [25922/12]

The education and training system has a central role to play in the development of workforce and entrepreneurship skills and supporting economic recovery. The enterprise sector is represented on the statutory agencies responsible for curriculum reform and assessment, quality assurance and policy advice across the education system and on the boards of further and higher education institutions and FÁS. Input from industry also informs the development of education policy, such as curriculum reform on an ongoing basis. An enterprise engagement forum also provides for regular interaction on between enterprise interests and the Secretary General and senior management team in my Department.

My Department and all of the education and training providers are also represented on the Expert Group on Future Skills Needs and reports from the EGFSN research and analysis from the Strategic Labour Market Research Unit of FÁS also inform programme development by education and training providers. There is also close interaction with the enterprise sector in the development of targeted skilling initiatives such as the ICT Skills Action Plan and Springboard.

FÁS Training Programmes

Sean Fleming

Question:

42 Deputy Sean Fleming asked the Minister for Education and Skills the steps being taken to ensure that the 2,183 redundant apprentices who have yet to complete their on the job training are enabled to do so by FÁS; and if he will make a statement on the matter. [25894/12]

This is a day to day operational matter for FÁS. I understand that FÁS, with the support of the social partners, are providing a temporary Redundant Apprentice Placement Scheme whereby FÁS approved employers in the public and private sectors will provide redundant apprentices with training and assessment on-the-job at Phase 3, Phase 5 and Phase 7 of their apprenticeships. FÁS will provide eligible redundant apprentices with an opportunity to complete their on-the-job training and assessments. As of 11th May 2012, 672 apprentices are currently on the scheme and 127 have completed their on-the-job training phase.

Schools Building Projects

Richard Boyd Barrett

Question:

43 Deputy Richard Boyd Barrett asked the Minister for Education and Skills if he will reverse his decision to put off the new build at a school (details supplied) in County Dublin until 2015/2016; and if he will make a statement on the matter. [25919/12]

Newpark Comprehensive is one of five post primary schools in the Dun Laoghaire Post Primary Feeder Area. Overall enrolments in Newpark have increased by 4% in the last 4 years. Enrolments at post primary level for the area have increased only slightly since 2001. Based on the current intake pattern, it is projected that enrolments will remain stable to 2023. The building project for Newpark Comprehensive has been included in the 5 year construction programme and is scheduled to commence construction in 2015/16. A stage 2(b) submission was received last week and is currently under review. This submission includes tender documents and is the precursor to tender and construction stage. Due to annual financial constraints and the need to prioritise the funding available each year for the provision of new school accommodation to meet the increasing demographic requirements it is not possible to advance all projects to construction in the early years of the programme.

European Globalisation Fund

Pádraig Mac Lochlainn

Question:

44 Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills the total amounts of money returned to the European Commission or expected to be returned to the European Commission from the European globalisation fund programmes for Dell, Waterford Crystal and SR Technics; his views on whether any of the EGF funding allocated for the redundant construction workers programme will also be returned to the European Commission; and if he will make a statement on the matter. [25792/12]

No monies made available to the Irish authorities by the EU budgetary authority to co-finance measures under the European Globalisation Adjustment Fund (EGF) in support of workers made redundant at Dell, Waterford Crystal, SR Technics and ancillary enterprises have to date been returned to the EU. These programmes have not yet been closed by the European Commission. However, on foot of the submission by the Department of final reports and accompanying statements of expenditure for these programmes, the Commission has informed the Department of its initial calculations for reimbursements of funding as follows:

Dell EGF programme

5,978,311.30

Waterford Crystal EGF programme

562,591.50

SR Technics EGF programme

4,518,314.04

These figures all remain to be confirmed by way of debit notes from the European Commission which are still awaited. The debit notes will inform the Department when and how and within what deadlines to reimburse the sums due. In relation to any potential reimbursement of EGF co-financing received in respect of the three approved construction sub-sector programmes (NACE 41, NACE 43 and NACE 71), these programmes are ongoing until 9 June 2012. The Department does not yet have total expenditures for these programmes, which data require to be submitted together with final reports to the European Commission by 9 December 2012. However, it is anticipated that total expenditure will be significantly lower than the total funding available.

Special Educational Needs

Jonathan O'Brien

Question:

45 Deputy Jonathan O’Brien asked the Minister for Education and Skills if he will reverse the decision to cut two special needs assistants posts from a school (details supplied) in County Tipperary which, if implemented, will result in the loss of four of the school’s six SNAs from 2010 leaving two remaining SNA posts to meet the needs of 240 pupils; and if he will make a statement on the matter. [25777/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible for allocating Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of Special Education supports and the staffing resources available to my Department. All schools, including the school referred to by the Deputy were advised to apply to the NCSE for resource teaching and SNA support for the 2012/13 school year by 16th March, 2012. In considering applications for SNA support for the new school year, the NCSE will take into account the individual care needs of all qualifying children, supports freed up due to any school leavers, and the identified care needs of newly enrolled children with special educational needs. The number of SNAs allocated to a school is based on the care needs of individual pupils with special educational needs, not the overall pupil enrolment of a school. Schools will be advised by the NCSE of their SNA allocation for the 2012/13 school year by June of this year.

School Staffing

Aengus Ó Snodaigh

Question:

46 Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if he will provide an update on when he intends to examine the operation of the panel system for part-time and temporary teachers seeking permanent positions. [25785/12]

John McGuinness

Question:

47 Deputy John McGuinness asked the Minister for Education and Skills his plans to introduce a panel system for part-time and temporary second level teachers; and if he will make a statement on the matter. [25904/12]

I propose to take questions 46 and 47 together. Matters in relation to the Redeployment of Teachers are discussed under the auspices of the Teachers Conciliation Council, which is the agreed forum for dealing with the pay and conditions of service of Teachers. The Parties to the forum include representatives of the managerial authorities of schools, the teacher unions, the Department of Education and Skills and the Department of Public Expenditure and Reform. As the proceedings of the Conciliation Council are confidential it would not be appropriate for me to make any further comment at this time.

Schools Building Projects

John Halligan

Question:

48 Deputy John Halligan asked the Minister for Education and Skills if he will reverse his decision to postpone the new build at a school (details supplied) in County Dublin until 2015/2016; and if he will make a statement on the matter. [25918/12]

Newpark Comprehensive is one of five post primary schools in the Dun Laoghaire Post Primary Feeder Area. Overall enrolments in Newpark have increased by 4% in the last 4 years.

Enrolments at post primary level for the area have increased only slightly since 2001. Based on the current intake pattern, it is projected that enrolments will remain stable to 2023. The building project for Newpark Comprehensive has been included in the 5 year construction programme and is scheduled to commence construction in 2015/16. A stage 2(b) submission was received last week and is currently under review. This submission includes tender documents and is the precursor to tender and construction stage.

Due to annual financial constraints and the need to prioritise the funding available each year for the provision of new school accommodation to meet the increasing demographic requirements it is not possible to advance all projects to construction in the early years of the programme.

Special Educational Needs

Éamon Ó Cuív

Question:

49 Deputy Éamon Ó Cuív asked the Minister for Education and Skills the total number of special needs assistants that will be employed for the 2012/2013 school year; and if he will make a statement on the matter. [25908/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible for allocating Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of Special Education supports and the staffing resources available to my Department. 10,575 whole time equivalent SNA posts are available to the NCSE for allocation to schools for the 2012/13 school year. There has been no reduction in the number of SNA posts available for allocation over last years figure. All schools were advised to apply to the NCSE for resource teaching and SNA support for the 2012/13 school year by 16th March, 2012.

In considering applications for SNA support for the new school year, the NCSE will take into account the individual care needs of all qualifying children, supports freed up due to any school leavers, and the identified care needs of newly enrolled children with special educational needs. The total SNA allocations for the coming school year will be dependent on the number of valid applications for SNA support received by the NCSE. Schools will be advised by the NCSE of their SNA allocation for the 2012/13 school year by June of this year.

Departmental Reviews

Michael Moynihan

Question:

50 Deputy Michael Moynihan asked the Minister for Education and Skills his views on the recent organisational review programme of his Department; the steps he will be take to address the weaknesses identified by the ORP; and if he will make a statement on the matter. [25906/12]

As the Deputy will be aware, the Organisational Review Programme (ORP) process was set up in 2007 to review the capacity of Government organisations in three key areas, strategy, managing delivery and evaluation. Its aim is to ensure that Government Departments and major Offices are fit for purpose in terms of the challenges they face. The ORP review of my Department highlights strengths in some areas, most notably the calibre of management and staff, their strong values and commitment to education, dedication, accessibility and their ability to develop policy and strategy. Naturally, however, the focus of the report is on areas where improvements are needed.

The Third Report of the ORP process was published in January last and includes my Department's Action Plan in response to the ORP review. The full report, which includes reviews of three other Departments, is available to download from www.orp.ie . The Department of Education and Skills has developed a comprehensive Action Plan which includes 38 actions to address a range of issues raised in the ORP review. The plan is a composite of new actions and existing actions that have commenced since the ORP review was written, e.g. development of a new website for the Department and work on establishing SOLAS and the Education and Training Boards. An official at Assistant Secretary or Principal level has been assigned responsibility to deliver and report on individual actions in the plan. I am satisfied that my Department’s Action Plan will address many of the issues raised in the ORP Review. In particular, the plan focuses on improving strategic direction, governance of our agencies and education bodies, internal and external communications, evaluation of policy and programmes, HR practices and internal business processes including the use of ICT.

In-service Training

Gerry Adams

Question:

51 Deputy Gerry Adams asked the Minister for Education and Skills one year into the literacy and numeracy strategy the number of primary and post primary principals that have attended seminars conducted by the Professional Development Services for Teachers on the strategy; and if he will make a statement on the matter. [25778/12]

Since continuing professional development (CPD) commenced for the Literacy and Numeracy strategy, school leaders have had access to two separate strands of professional development support within the Professional Development Service for Teachers (PDST). The Leadership and Planning Strand of the PDST continues with its remit, and its normal programme of training including Forbairt, Misneach, Spreagadh and Tánaiste has continued. These programmes have been adjusted, as appropriate, in the context of the literacy and numeracy strategy. A total of 1,135 principals are engaged on these programmes, 787 at primary level and 348 at post primary level. In addition, as part of a comprehensive plan for CPD in response to the Literacy and Numeracy strategy, full day seminars have taken place with a view to outlining the background and key messages of the National Strategy, exploring the role of the Principal in leading change, exploring the potential of school self-evaluation in improving literacy and numeracy and identifying starting points for setting targets and actions. These seminars were offered to all school principals as well as a second teacher in the case of larger schools. Other shorter workshops, for example in relation to school self-evaluation, have taken place at regional level. To date attendance at these events has been 3,146 from primary level and 1,728 from post primary level. Further supports will be available from the PDST over time.

School Accommodation

Brendan Smith

Question:

52 Deputy Brendan Smith asked the Minister for Education and Skills the position regarding the proposal to provide additional permanent accommodation at a school (details supplied) in County Cavan; if this application will be reviewed in view of the significant increase in pupil numbers at the school in recent years; and if he will make a statement on the matter. [25882/12]

There are five primary schools in the Virginia feeder area. While enrolments have increased over the past decade, my Department has projected that future enrolments will remain relatively stable up to 2018. The current enrolment at St Mary's is 380 pupils — up from 350 in 2007. So while enrolment levels have been growing at the school they have increased by less than 10% over the last five years.

To ensure that every child has access to a school place, the delivery of projects to meet the increasing demographic demands will be the main focus for capital investment over the next 5 years, particularly in those areas where it has been identified that most future demographic growth will be concentrated.

The project for the school referred to by the Deputy, will continue to progress through the design stages of architectural planning within the context of available funding. However, due to competing demands on my Departments capital budget, it is not possible at this time to progress the project to construction stage.

Special Educational Needs

Bernard J. Durkan

Question:

53 Deputy Bernard J. Durkan asked the Minister for Education and Skills the degree to which he expects to continue to be in a position to meet the requirements of children with special needs in mainstream education over the next four years with particular reference to the provision of adequate provision of special needs assistants; and if he will make a statement on the matter. [25921/12]

I wish to advise the Deputy that in relation to special needs education it should be noted that there has been no reduction in the number of Special Needs Assistants (SNAs) which will be available for schools next year, with 10,575 posts remaining available for allocation. There has also been no reduction in the overall number of resource teaching posts which will be available for allocation to mainstream schools next year, either through the General Allocation Model or which are available for individual allocation by the National Council for Special Education. The fact that the number of special needs assistant and resource teaching posts are being maintained at current levels is a reflection of this Governments commitment to prioritising supports for children with special educational needs, at a time when there is a requirement to make expenditure savings across a range of areas.

While it is not possible at this point to pre-empt future budgetary considerations, the commitment of this Government to protecting front line services for children with special educational needs will ensure that the requirements of special needs pupils in mainstream education can continue to be provided for on an ongoing basis, despite overall budgetary pressures.

School Enrolments

Caoimhghín Ó Caoláin

Question:

54 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills if he has met with the Department of Children and Youth Affairs to discuss the matter of teenage parents being discriminated against in education services; and if he will make a statement on the matter. [23974/12]

As the Deputy will be aware, last June, I launched a discussion paper on school enrolment. The document, "Discussion Paper on a Regulatory Framework for School Enrolment" contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent.

Education partners and interested parties were invited to submit their views and the Department is currently co-ordinating their submissions. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment. I intend to bring legislative proposals to Government this year, the primary aim of which will be to ensure that every child is treated fairly and that every child has a place at school. My Department will liaise, as required, with other government Departments, including the Department of Children and Youth Affairs, in relation to progressing these proposals.

Higher Education Scholarships

John McGuinness

Question:

55 Deputy John McGuinness asked the Minister for Education and Skills if he remains committed to keeping the 1916 commemoration scholarships and the Gaeltacht scholarships in place; and if he will make a statement on the matter. [25905/12]

As announced in the 2012 Budget, five scholarship schemes for higher education, including the Easter Week 1916 and Irish scholarships, will be replaced with a new single scheme of bursaries.

The awards under the new scheme will be fixed at €2,000 per student. The bursary will be an extra support and incentive to recognise high achievement for students who are from disadvantaged families and attending DEIS schools. Those students to whom bursaries are awarded will also be entitled to apply for student grants towards the cost of maintenance and the student contribution or fees.

This change has been made in order to make the best use of scarce resources so as to focus on the best performing students in the cohort of those who are most in need of financial help. Awards will be made on a regional basis and students from all DEIS schools will be considered. These changes will not impact on those who already hold scholarships under the existing schemes.

Question No. 56 answered with Question No. 32.

Vocational Education Committees

Willie O'Dea

Question:

57 Deputy Willie O’Dea asked the Minister for Education and Skills the position regarding the merger of vocational education committees; and if he will make a statement on the matter. [25910/12]

In October 2011, following Government approval, the General Scheme of an Education and Training Boards Bill was referred to the Oireachtas Joint Committee on Jobs, Social Protection and Education. The General Scheme was also published at that time. Following discussion with my Department and relevant stakeholders, the committee prepared a report which I responded on 25 January 2012. The General Scheme was referred to the Office of the Parliamentary Counsel to the Government for formal drafting.

Also in October 2011, my Department concluded an agreement with SIPTU, the trade union representing the Chief Executive Officers (CEOs) of VECs, on a redeployment scheme for CEOs in the context of the Croke Park agreement. This scheme will be used, in the first instance, for determining the appointment of CEOs to the new Education and Training Boards, following the enactment of the relevant legislation.

Question No. 58 answered with Question No. 32.

School Accommodation

Jonathan O'Brien

Question:

59 Deputy Jonathan O’Brien asked the Minister for Education and Skills his views on whether the demographic need for a modern building for a school (details supplied) in County Wicklow, has been clearly demonstrated and that failure to deliver such a building discriminates against parents who have opted to have their children educated through Irish; his further views on whether in attempting to establish a pluralist system of education at second level the inclusion of gaelscoileanna must be a core element of his strategy. [25776/12]

My Department is examining the long-term projected pupil levels for this school in the context of the correspondence on this matter provided by the VEC and the school. As the Deputy will be aware, in June 2011 I announced that 20 new post-primary schools are to be established up to 2017 across a number of locations to cater for increasing enrolments. Of the 17 new schools to be established by 2014, three will be gaelcholáistí, to these will be located in the Dundrum and Balbriggan areas of Dublin and in the Carrigaline area of the south side of Cork city. As part of the new criteria, I announced that in cases where there is insufficient demand to warrant the establishment of a new gaelcholáiste, it will be an option for the new English-medium second level schools to operate an all-Irish aonad within the school if there is sufficient parental demand for such an aonad.

School Staffing

Seán Crowe

Question:

60 Deputy Seán Crowe asked the Minister for Education and Skills if he will provide an update on plans to implement a pilot voluntary redeployment scheme, agreed under the Croke Park agreement, that will allow teachers to transfer on a voluntary basis to another school or geographical area. [25773/12]

Circular 25 of 2011, which included a Redeployment Scheme for teachers who are surplus to requirements in situations other than school closures, also provided that discussions would be held with a view to developing a voluntary scheme for the redeployment of teachers. Discussions in relation to a voluntary scheme are continuing under the auspices of the Teachers Conciliation Council, which is the agreed forum for dealing with the pay and conditions of service of teachers. The parties to the forum include representatives of the managerial authorities of schools, the teacher unions, the Department of Education and Skills and the Department of Public Expenditure and Reform. As the proceedings of the Conciliation Council are confidential, it would not be appropriate for me to make any further comment at this time.

School Patronage

Clare Daly

Question:

61 Deputy Clare Daly asked the Minister for Education and Skills if, in view of the fact that the forthcoming periodic review of Ireland’s record under the UN International Covenant on Civil and Political Rights will likely maintain its previous position that Ireland is in breach of Article 18, Freedom of Thought, Conscience and Religion, he will precisely timetable its delivery of the commitments contained in its recently published White Paper on the Divestment of Patronage in the Primary Sector. [25723/12]

The Deputy will be aware that I recently published the Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector. The overarching aim of the forum's work was to ensure schools cater for diversity and provide an inclusive and respectful environment for all their pupils. The Advisory Group has presented a comprehensive report. I am aware that some of the issues dealt with in the report are sensitive and need to be carefully examined. I have asked the education partners and interested parties to examine the report and take time to reflect on and digest the recommendations. I am considering the report's findings and recommendations and intend to outline my official response in the coming weeks. As per the commitment in the Programme for Government, a White Paper on Pluralism and Patronage in the primary sector will follow.

Teachers’ Remuneration

Brian Stanley

Question:

62 Deputy Brian Stanley asked the Minister for Education and Skills the position regarding teachers’ allowances; his views on whether allowances are part of teachers’ pay and to cut them would mean a breach of the Croke Park agreement. [25787/12]

As the Deputy will be aware, the review of allowances in the public service which is ongoing at the moment is being conducted by the Department of Public Expenditure and Reform.

The Government has reaffirmed the key commitments under the Public Service Agreement, including that there will be no further reductions in pay rates for serving public servants. These commitments are contingent on delivery of the required flexibilities and reforms to public service delivery.

Allowances paid to teachers form only a part of the overall remit of the review. It would not be appropriate for me at this stage to comment on the detail of this review or to speculate on its possible outcome pending the completion of the review and its consideration by Government.

School Staffing

Pádraig Mac Lochlainn

Question:

63 Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills if he will uphold the appeal of a person (details supplied) in County Donegal and reinstate the ten hours teaching time that is to be cut from the school from September, 2012, onwards. [25793/12]

The criteria used for the allocation of teachers to schools is published annually on my Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing arrangements in schools for the 2012/2013 school year can also be affected by changes in their enrolment, the impact of budget measures and the reforms to the teacher allocation process. A key part of the reforms of the allocation process was to facilitate a long overdue updating of the GAM (learning support) allocation for all schools. The criteria for the allocation of GAM hours by school type including DEIS schools are outlined in circular 007/2012. The reform inevitably involves changes to existing clustering arrangements whereby a teacher is shared between schools. A further change is that schools in any locality are being empowered to cluster and arrange their GAM resources in a manner that best suits their local needs.

The staffing arrangements include provision for an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeals Board. The school referred to by the Deputy submitted an appeal and the Board upheld this appeal at its meeting on the 18th and 19th April 2012. The school has been notified accordingly.

Brian Stanley

Question:

64 Deputy Brian Stanley asked the Minister for Education and Skills his views on statistics which show newly qualified teachers have to wait, on average, eight to nine years to acquire a full-time, permanent position and that 93% of teachers are still on fixed-term contracts after two years of teaching, a figure that is more than double the OCED average. [25786/12]

I assume the Deputy is referring to post-primary level. I acknowledge that the various budget measures that have taken place in recent years can limit the employment opportunities for newly qualified teachers. However, there are limits to the number of teaching posts that we can afford to fund as a country.

The redeployment of surplus permanent teachers is the first mechanism to fill teaching posts in schools. This is key to the ability of my Department to manage within its payroll budget and ceiling on teacher numbers.

Thereafter, teaching posts are filled in the normal manner through the recruitment process at individual school level. This gives employment opportunities for teachers on fixed-term or part-time contracts and also newly qualified teachers.

Teaching resources are allocated to schools on a school year basis. The bulk of teaching posts in schools are allocated on a permanent basis. Unlike most other areas of the public service teaching vacancies continue to be filled in accordance with published Department criteria. The Government has prioritised, as best as possible, the filling of front-line posts in the Education sector within the constraints of the Employment Control Framework. This is all the more challenging to achieve at a time of rapidly increasing enrolments in our schools.

Question No. 65 answered with Question No. 32.

Sandra McLellan

Question:

66 Deputy Sandra McLellan asked the Minister for Education and Skills if he will reverse his decision to cut a teacher from a school (details supplied) i gContae na Gaillimhe in view of the fact that they have now confirmed to his Department that they have the 85 students necessary to retain four teachers as per his Department’s guidelines. [25783/12]

The school referred to by the Deputy is a small school in the Gaeltacht. As part of the new staffing arrangements my Department has expanded the existing appeals process so that it is accessible to the small primary schools that are losing a classroom post as a result of the budget measure. Such schools will not lose their classroom post if they are projecting increased enrolments in September 2012 that would be sufficient to allow them to retain their existing classroom posts over the longer term. The school submitted an appeal to the Staffing Appeals Board. All appeals submitted to the Primary Staffing Appeal Board were considered in accordance with the published appeals criteria that is set out in my Department's Staffing Circular 0007/2012. This was done at its meeting on 18th and 19th April. The appeal by the school was unsuccessful on the basis that the school did not meet the published appeal criteria. The Board operates independently of the Department and its decision is final. However, the Appeal Board will review this decision in September if the school's actual enrolment in September 2012 increases to the required level.

A total of 367 schools submitted appeals to the April meeting of the Appeals Board. 205 schools had their appeals upheld by the Staffing Appeals Board. A summary outcome of the appeals is now published on my Department's website. Individual schools have been notified of the outcome of their appeals.

The next meeting of Staffing Appeals Board is due to be held on 14 June 2012. The latest date for other schools to submit appeals is 1 June 2012.

The final staffing position for all schools will ultimately not be known until the Autumn. At that stage the allocation process will be fully completed and all appeals to the Staffing Appeals Board will have been considered.

Bullying in Schools

Willie O'Dea

Question:

67 Deputy Willie O’Dea asked the Minister for Education and Skills the steps he believes that need to be taken to prevent homophobic bullying of teachers and students; and if he will make a statement on the matter. [25911/12]

Bernard J. Durkan

Question:

92 Deputy Bernard J. Durkan asked the Minister for Education and Skills the degree to which the number of reports of school bullying at primary and second level continue to be monitored; the extent to which follow up or positive intervention continues to be made; the success or otherwise of such acts of intervention; and if he will make a statement on the matter. [26121/12]

Bernard J. Durkan

Question:

95 Deputy Bernard J. Durkan asked the Minister for Education and Skills the steps that are being taken to address the issue of cyber bullying in schools at primary or second level; and if he will make a statement on the matter. [26124/12]

I propose to take Questions Nos. 67, 92 and 95 together.

Tackling the issue of bullying in schools is a key objective of this Government.

It was for this reason that, on 9 April last, I announced details of an Anti-bullying Forum to explore ways to tackle the serious problem of bullying in schools. As the Deputy is aware, this Anti-Bullying Forum bringing together a range of experts, support groups and representatives of the schools sector including parents and students was held on last Thursday 17th May.

I was very pleased to open this important Forum and to provide an opportunity to explore with all the relevant stakeholders how best to tackle bullying in schools and to consider what changes or updating of existing practices and procedures are required to achieve this having regard to what is feasible to implement in the current financial climate.

The range of speakers on the day of the Forum included contributions from my Department, Professor Mona O'Moore of the Anti-Bullying Centre, Trinity College, representatives of the National Anti-Bullying Coalition (NABC), and contributors from the school sector from the various perspectives of school principal, parent and pupil. The Forum also gave other stakeholders an opportunity to give their views.

The proceedings of the Forum were broadcast live over the internet and recordings of the day's events can be now viewed by accessing the Anti-Bullying Forum webpage of my Department's website www.education.ie. The presentations of the various speakers can also be viewed and downloaded from this page.

In addition to holding the Forum itself, I have invited the stakeholders and any other interested parties to submit their views on this important topic to my Department by 29th June 2012. Full details of how this can be done are available on the Anti-Bullying Forum webpage on my Department's website www.education.ie.

I have also established a working group on tackling bullying in schools, including homophobic bullying, cyber bullying and racist bullying. The outcomes and recommendations from the Forum will now assist the working group in its deliberations. This working group includes representatives of the Department of Education and Skills and the Department of Children and Youth Affairs, and will draw upon the expertise of a range of organisations throughout their work.

Human Rights Issues

Joanna Tuffy

Question:

68 Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update in respect of the case of Mrs. Asia Bibi who has been sentenced to death for blasphemy and is in prison awaiting appeal of her case to a superior court in Pakistan; if there has been any follow up by his Department in respect of conveying through diplomatic channels the sentiments expressed on behalf of the Tánaiste and by the Deputies during the debate in Dáil Éireann of 7 March 2012; and if he will make a statement on the matter. [26024/12]

As stated in my reply on 3 May, the government remains concerned about the case of Mrs Asia Bibi. Since Mrs Bibi was found guilty of blasphemy and sentenced to death in November 2010, a number of representations have been made to the Pakistan government on this issue, both bilaterally and within the respective frameworks of the European Union and the United Nations. Officials from the Department of Foreign Affairs and Trade have been in direct contact with the Pakistan Embassy in Dublin and have requested an update on developments in Mrs Bibi's case. We will continue to raise the case of Asia Bibi with the Pakistan government as and when opportunities arise.

Disabled Drivers

Bernard J. Durkan

Question:

69 Deputy Bernard J. Durkan asked the Minister for Finance if he will review the decision to refuse a primary medical certificate in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25966/12]

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate is refused, the person may appeal the refusal to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin.

I understand the person appealed the decision of the Senior Medical Officer not to grant a Primary Medical Certificate and the appeal was subsequently refused by the Medical Board of Appeal. If the person wishes to apply again for a Primary Medical Certificate, the application to the Senior Medical Officer must be accompanied by a medical certificate from a registered medical practitioner indicating that the practitioner has formed the opinion that the medical condition of the person concerned has materially disimproved since the previous application.

I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Tax Yield

Kevin Humphreys

Question:

70 Deputy Kevin Humphreys asked the Minister for Finance the yield from the carbon tax in 2011; the expected yield in 2012; the exemptions, reliefs or credits associated with this tax; the proportion of the revenue that is earmarked for specific schemes; if he will list those schemes and the amount apportioned; the amount of revenue raised that is earmarked for energy efficiency schemes; if the amount earmarked increased or decreased in budget 2012; if he has any plans to increase or decrease the amount that goes towards these schemes; and if he will make a statement on the matter. [26003/12]

The yield from carbon tax for 2011 was €329.2 million (VAT inclusive). The estimated yield for 2012 is €410 million (VAT inclusive). The VAT figures are estimates based on the expected carbon tax receipts in each category. The VAT receipts are estimated as VAT returns do not require the yield from a particular sector or sub-sector of trade to be identified and the actual VAT yield for each category cannot therefore be determined. The uses of mineral oil that are entitled to a full or a partial relief from Mineral Oil Tax (MOT) are specified in the Finance Act 1999, as amended.

Full relief from MOT, including its carbon charge component, is granted for a range of uses including electricity production and use in chemical reduction or in electrolytic or metallurgical processes. It applies also to oil used for sea navigation and to heavy oil used for air navigation, but does not extend to oil used for private pleasure navigation or private pleasure flying.

A relief from the carbon charge component of MOT applies to biofuel, including biofuel which forms part of a mix or blend with other oil. Carbon charge relief applies also in the case of mineral oil used in an installation covered by a greenhouse gas emissions permit, or for environmentally friendly heat and power cogeneration (other than micro-cogeneration) that meets the requirements for high-efficiency cogeneration set down in Directive 2004/8/EC.

Partial relief from MOT applies to aviation gasoline used for air navigation, other than private pleasure flying, and to heavy fuel oil and gas oil used in the production of horticultural products and mushrooms.

In addition, section 20 of the Finance Act 2012 has made provision for a deduction in respect of the carbon charge component of the MOT on marked diesel used by farmers in the course of their farming trade. Under this measure, farmers are allowed a deduction in computing their farming profits or losses for the amount of additional carbon charge that they incur on purchases of marked diesel, following the increase in the rate of tax on certain fuels from 1 May 2012. This new deduction is in addition to the existing deduction for MOT included in the cost of marked diesel used in the course of the farming trade.

Chapter 2 of Part 3 of the Finance Act 2010, which introduced Natural Gas Carbon Tax, provides for a number of reliefs from that tax. A full relief from the tax applies to gas supplied for use in the generation of electricity, or in chemical reduction or in electrolytic or metallurgical processes. Partial relief applies in the cases of gas supplied for use in installations covered by greenhouse gas emissions permits, or for environmentally friendly heat and power cogeneration.

On the question of earmarking revenue for specific schemes, as a matter of principle the Department of Finance is opposed to the hypothecation of revenue and sees no merit in having revenues predestined for specific areas. It is therefore the general practice not to ring-fence revenues for specific purposes but rather take an overall view on priorities in the context of expenditure decisions which, of course, are dependent on Exchequer revenues.

Sale of State Assets

Sean Fleming

Question:

71 Deputy Sean Fleming asked the Minister for Finance the criteria that was applied for selection of a company (details supplied) as advisers on the sale of Coillte assets; if an interview of the prospective advisory candidates took place prior to there appointment; the remit of the advisers in relation to the sale; the timescale in which they have been asked to report; and if he will make a statement on the matter. [26068/12]

I am advised by the NewERA Unit in the National Treasury Management Agency (NTMA), which advises the Government on the programme of State asset disposals, that no advisor has been appointed to advise on a potential sale of Coillte assets. As announced by the Minister for Public Expenditure and Reform on 22 February 2012, the Government has decided to pursue the sale of a number of State assets and to consider the possible sale of other State assets, including certain assets of Coillte. A separate sale process and timeline will apply to each individual transaction, which will, where appropriate, include the appointment of advisors. None of these processes is at a stage where procurement for the appointment of advisors has commenced.

Earlier this year, the NTMA, acting through its NewERA Unit, submitted an indicative valuation in respect of Coillte to the Government Steering Committee that is overseeing the potential disposal of State Assets. The NTMA engaged an adviser in relation to that valuation exercise following a competitive tender process. The scope of the services provided by that advisor to the NTMA was very limited, and did not extend to advising on a sale of Coillte's assets.

Redundancy Provisions

Michael McGrath

Question:

72 Deputy Michael McGrath asked the Minister for Finance the discussions he has had with financial institutions currently considering finalising redundancy schemes as to how best employees availing of such schemes can be supported in finding alternative employment; and if he will make a statement on the matter. [26081/12]

It is deeply regrettable, for all concerned, that the proposed action of shedding of jobs, even on a voluntary basis in these challenging economic times, at Allied Irish Banks and Bank of Ireland as announced, has had to be taken. This is an inevitable consequence of the necessary restructuring of the banking system to render it fit to better serve personal and business customers throughout the economy. The respective employers will be making available as part of the voluntary redundancy package to individual applicants supports such as the provision of outplacement services and vouched training grants.

In addition, as for any group of workers whose positions are being made redundant, the services of the State — through employment supports, sourcing job opportunities (for example the promotion of jobs at the IFSC), education and training interventions, social welfare services (for example income maintenance and money advice), etc — will be made available to complement any assistance being provided by the employer. The exact nature of that support will be dictated by the particular circumstances of the departures, geographic considerations and timing.

Tax Code

Jack Wall

Question:

73 Deputy Jack Wall asked the Minister for Finance the reason a person (details supplied) in County Kildare has not been issued with their P45 in view of the fact that it is a year since the person left the employment; the mechanism available to them to obtain such a certificate; if the person is entitled to any tax rebate regarding their period of employment; and if he will make a statement on the matter. [26085/12]

I have been advised by the Revenue Commissioners that the issue of a P45 is primarily a matter between the employer and the employee. However the Revenue Commissioners have written to the employer concerned and await a reply. In the interim the District Manager will write shortly to the person concerned seeking the information necessary to determine if any tax refund is due for the year 2011.

FÁS Training Programmes

Ciaran Lynch

Question:

74 Deputy Ciarán Lynch asked the Minister for Education and Skills if he will confirm that funding in support of the FÁS construction skills certification scheme has been withdrawn; if any alternative scheme is planned; the number of persons who have availed of this scheme in 2010 and 2011 and the cost of providing this training; and if he will make a statement on the matter. [25970/12]

This is a day to day operational matter for FÁS who have responsibility for the delivery of the Construction Skills Certification Scheme.

While the future management, delivery and development of the SafePass/CSCS and QSCS schemes are currently the subject of a FÁS strategic review, I can confirm that funding for this scheme has not been withdrawn and funding and service provision will continue as they are currently arranged, pending completion of this review. The information the Deputy sought in respect of the numbers availing of the scheme and the cost for providing this training is not readily available. I have asked FÁS to collate this data as soon as possible. When received I will forward directly to the Deputy.

Disadvantaged Status

Stephen S. Donnelly

Question:

75 Deputy Stephen S. Donnelly asked the Minister for Education and Skills with regard to the rural DEIS schools in County Wicklow, his policy in relation to staffing and support services for rural DEIS schools; if he will clarify the position regarding rural DEIS schools in County Wicklow, among which there is concern about staff being lost due to cuts; when there are discrepancies between cuts and staff to pupil ratios between schools; if he will further explain the rationale for such discrepancies between cuts and staff to pupil ratios between schools, if he will explain the rationale for such discrepancies; and if he will provide the specified data in tabular form. [25977/12]

DEIS (Delivering Equality of Opportunity in Schools) the Action Plan for Educational Inclusion remains my Department's policy instrument to address educational disadvantage. DEIS focuses on addressing and prioritising the educational needs of children and young people from disadvantaged communities, from pre-school through second-level education (3 to 18 years).

A total of 864 schools providing education for 164,000 children are included in DEIS, of which 327 are categorised as DEIS Rural schools with access to the following supports:

additional non-pay/capitation allocation based on level of disadvantage; additional funding under School Books Grant Scheme; access to Schools Meals Programme; access to transfer programmes/Homework support/after school activities; access to planning supports; access to a range of professional development supports.

The staffing arrangements for the 2012/13 school year are set out in Primary Circular 0007/2012 which is available on my Department's website. A range of factors contribute to determining the staffing requirement for individual schools including changes to enrolment and the reforms to the teacher allocation process for 2012/13. As the teaching allocation to schools is enrolment based, this determines whether schools gain or lose teaching posts from year to year.

DEIS Rural Primary schools have not been considered for preferential pupil teacher ratios under DEIS, although a number of these schools retained concessionary posts under previous disadvantage schemes prior to DEIS. As a result of Budget 2012, three of the four schools to which the Deputy refers are among 16 out of the total of 327 Rural DEIS schools who will lose 1 teaching post each.

These posts were retained in these schools in addition to classroom teacher posts and other supports that are allocated to all DEIS schools. The retention of these posts in some DEIS schools created a degree of inequity in the system and that is one of the reasons they were considered for withdrawal. DEIS Rural Primary schools, including those in the area referred to by the Deputy, were not within the scope of the Report on the net impact of Budget 2012 on DEIS urban schools. Accordingly, the decision I have made in relation to these schools is final and will not be revisited. The allocation process also includes an appeals mechanism under which schools can appeal against the allocation due to them under the staffing schedules. The appeal procedures are set out in the circular referred to above.

I can confirm that two of the four schools to which the Deputy refers submitted an appeal but their appeals were not successful. Schools were notified directly by the Staffing Appeals Board. The decision of the Appeals Board which operates independently of my Department is final. The information sought in tabular form will be sent directly to the Deputy.

School Staffing

Brendan Smith

Question:

76 Deputy Brendan Smith asked the Minister for Education and Skills if he will outline the effect of changes to the staffing schedule in one, two, three and four teacher schools on minority faith schools; and if he will make a statement on the matter. [26035/12]

On the original list of 73 small schools that were facing the loss of a classroom teacher as a result of the budget measure 8 were Church of Ireland schools. The Staffing Appeals Board considered appeals from any of the 73 schools that could show that their projected enrolments for September 2012 were sufficient to allow them retain their classroom teacher over the longer term.

A total of 35 small schools had their appeals provisionally upheld by the Appeals Board subject to confirmation of their actual enrolments in September 2012. 4 of these are Church of Ireland schools. In these extremely challenging times, all public servants are being asked to deliver our public services on a reduced level of resources and teachers in small schools cannot be immune from this requirement.

Question No. 77 answered with Question No. 32.

Vocational Educational Committees

Noel Harrington

Question:

78 Deputy Noel Harrington asked the Minister for Education and Skills further to Parliamentary Question Nos. 112 of 14 December 2011 and 115 of 15 February 2012, if he is now in a position to state the total amount of legal costs spent by Cork County Vocational Education Committee in each year since 2000; and if he will state the years or which he now has figures; and if he will make a statement on the matter. [26000/12]

I would like to apologise to the Deputy for the delay in issuing a final reply to him in relation to the parliamentary question he asked on 15th February 2012.

I am now able to provide the relevant information for the years 2000-2010 inclusive, which is outlined in the table. The information has been obtained from the accounts of County Cork VEC for each year. The Deputy should note that the accounts for 2011 are not yet available.

Legal Costs incurred by Co Cork VEC from 2000 to 2010 (Ref: PQ 26000 24-5-12)

Year

Legal Costs (€)

2000

3,639

2001

11,633

2002

2,350

2003

27,204

2004

15,656

2005

3,050

2006

5,795

2007

55,113

2008

17,538

2009

34,699

2010

178,333

Total

355,010

Schools Refurbishment

Derek Nolan

Question:

79 Deputy Derek Nolan asked the Minister for Education and Skills the amount of his Department’s 2012 capital budget for school buildings and extensions that has been spent to date; the amount the allocation is worth in its entirety; his views on whether all the projects for which the budget has been earmarked in 2012 will proceed on schedule; and if he will make a statement on the matter. [26017/12]

The allocation available in 2012 for the capital programme in the school sector amounts to €357m of which just over €120m has been expended to date. In excess of €300m will be spent in 2012 on the acquisition of sites, building new schools and large scale extensions, providing additional accommodation and on the replacement of rented prefabs. The balance of the allocation will be expended on emergency works, the provision of furniture and equipment, remediation programmes, and commitments arising from the 2011 Summer Works Scheme and the 2011 Jobs Initiative and other miscellaneous items.

In December 2011, I published a list of projects which were under construction at that time and projects which were to proceed to construction in 2012. The status of these projects is listed on my Department's website and is updated on a regular basis. Furthermore, eight school projects are anticipated to proceed to construction in 2012 under a Public Private Partnership but have no implication for the 2012 capital allocation of €357m.

Departmental Expenditure

Denis Naughten

Question:

80 Deputy Denis Naughten asked the Minister for Education and Skills in view of the My World Survey carried out by Headstrong in conjunction with the psychology department at UCD, if he will review his decision on the reduction of guidance resources from schools; and if he will make a statement on the matter. [26026/12]

This Government has protected education as much as it can. Far greater reductions in expenditure and in the number of public servants are being made in other sectors relative to those in schools. But there are limits to the level of expenditure on education and the number of teaching posts we can afford. The Budget 2012 measures in relation to the post-primary sector are set out in the documentation that was published by my Department last December. This envisages a net overall reduction of about 450 posts at post-primary level between the current school year and the 2012/13 school year. This net reduction in posts takes account of the impact of the budget measures, demographics and the budget decision to shelter all the DEIS post-primary schools through a reduced staffing schedule of 18.25:1.

My Department has published Circular 0009/2012 to inform all post primary school management and staff of the staffing arrangements for post-primary schools for the 2012/13 school year, including in particular, the requirements to manage guidance from within the standard allocation. The circular is available on the Department website. I want to re-assure the Deputy that all schools must continue to provide guidance to their pupils. However, from September 2012 guidance provision must be managed by schools from within their standard staffing allocation. Schools will have autonomy on how best to prioritise its available resources to meet its requirements in relation to guidance and the provision of an appropriate range of subjects to its students. Decisions on how this is done will be taken at school level and I am confident that schools will act in the best interest of students when determining precisely how to use the teaching resources available to them.

School Staffing

Joe McHugh

Question:

81 Deputy Joe McHugh asked the Minister for Education and Skills if he will provide an update on the implementation to date of his Department's circular 0031/2011. [26036/12]

Circular 31/2011 details a cascade of measures for recruitment of teachers, prioritising unemployed registered teachers over retired registered teachers and registered teachers over unregistered persons.

Each principal must report to his or her board of management on a regular basis on the fact that a list of unemployed registered teachers is being maintained, and the circumstances in which he or she has had to engage a registered teacher in receipt of a pension under a public service pension scheme or an unregistered person. Records relating to recruitment and appointment must be made available by the school for inspection by the Department and a copy of such a record must be furnished to the Department upon a request being made for this. The Department has recently carried out a review of compliance with the procedures outlined in Circular 31/2011. 103 schools were randomly selected for review. In these 103 schools a total of 781 appointments were made in 2011/12. In the case of 707 appointments, the teachers were appropriately qualified and registered. This represents 91% of these appointments. 24 appointments, or 3%, related to unregistered and unqualified people. 14 retired teachers were appointed to cover short-term appointments which equates to 1.79% of the appointments made.

A further 6 appointments of retired teachers were made in accordance with the Department's measure to permit the re-employment of teachers who retired between 1 December 2011 and 29 February 2012 and who, immediately before their retirement, had been teaching students preparing to sit the Junior or Leaving Certificate in 2012. This once-off alleviation measure was permitted in recognition of the additional pressure of students facing State examinations, and the concerns of teachers who wished to ensure continuity of support for these children.

Schools Building Projects

Brendan Smith

Question:

82 Deputy Brendan Smith asked the Minister for Education and Skills if he will ensure that the proposal to provide additional permanent accommodation at a school (details supplied) in County Cavan will be progressed without further delay in view of the growth in enrolment in that school and the over reliance on temporary accommodation; and if he will make a statement on the matter. [26039/12]

The building project for the school referred to by the Deputy is currently at an early stage of architectural planning. The Design Team are currently working on the Stage 2(a) Submission (Developed Sketch Design).

To ensure that every child has access to a school place, the delivery of projects to meet the increasing demographic demands will be the main focus for capital investment over the next 5 years, particularly in those areas where it has been identified that most future demographic growth will be concentrated.

The project referred to will continue to progress through the design stages of architectural planning within the context of available funding. However, due to competing demands on my Departments capital budget, it is not possible at this time to progress the project to tender and construction stage.

Brendan Smith

Question:

83 Deputy Brendan Smith asked the Minister for Education and Skills the position regarding a capital works application submitted by a school (details supplied) in County Limerick in 2007. [26061/12]

The school, referred to by the Deputy, applied to my Department for funding towards classroom accommodation and refurbishment works.

My Department approved funding for classroom accommodation to meet the school's immediate demands. However further correspondence in the matter has been received from the school earlier this week. My Department will be in direct contact with the school when this correspondence has been assessed.

School Patronage

Dominic Hannigan

Question:

84 Deputy Dominic Hannigan asked the Minister for Education and Skills if his attention has been drawn to the number of parents in an area (detail supplied) in County Meath who regard the lack of provision of Catholic national school places in the town as an infringement of their constitutional right under Article 42.4; if his Department has an outline of a plan to vindicate these rights; and if he will make a statement on the matter. [26065/12]

Prior to September 2011 there were three primary schools in the area referred to by the Deputy, all of which were under Catholic patronage. During 2010 and 2011 the Department had been examining the question of increasing the number of primary school places in area to cater for the expected increase in enrolments. As part of that consideration the Department consulted with the patron of the three Catholic schools regarding extending the capacity of those schools. The patron indicated that, following local consultation in area, the consensus was that the parish should not be involved in further primary school provision in the area.

With the commencement of the two new primary schools in the area there will be capacity for at least seven junior infant classes across the five schools in the area for September 2012. Five of these junior infant classes will be provided in schools with a Catholic ethos and two will be provided in schools with a multidenominational ethos. The two newer schools also have the potential to take a second class group of junior infants each if necessary. This additional capacity at junior infant level should be more than sufficient to meet the projected demand for places in area based on the analysis of child benefit data for the area.

My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

School Staffing

Patrick Deering

Question:

85 Deputy Pat Deering asked the Minister for Education and Skills when a decision will be made regarding an application for inclusion on special national panel in respect of a person (details supplied). [26097/12]

The Department issued Circular 0012/2012 in March, 2012 which is available on the website, setting out the arrangements for access to the redeployment panels for the 2012/13 school year for eligible registered primary teachers in fixed term, substitute and part-time positions. The closing date for receipt of applications for access to the redeployment panels was 20 April, 2012. The applications are currently being processed in my Department and applicants will be notified of the outcome when this process is completed.

Special Educational Needs

Bernard J. Durkan

Question:

86 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which special needs requirements continue to be met throughout mainstream education; the degree to which this meets with requirements; and if he will make a statement on the matter. [26115/12]

I wish to advise the Deputy that in relation to special needs education it should be noted that there has been no reduction to the number of Special Needs Assistants (SNAs) available for schools this year, with 10,575 posts available for allocation. There has also been no reduction in the overall number of resource teaching posts available for allocation to mainstream schools, either through the General Allocation Model or which are available for individual allocation by the National Council for Special Education.

The fact that the number of special needs assistant and resource teaching posts are being maintained at current levels is a reflection of this Governments commitment to prioritising supports for children with special educational needs, at a time when there is a requirement to make expenditure savings across a range of areas. This commitment to protecting front-line services for children with special educational needs has ensured that the requirements of special needs pupils in mainstream education can continue to be provided for on an ongoing basis, despite overall budgetary pressures.

School Staffing

Bernard J. Durkan

Question:

87 Deputy Bernard J. Durkan asked the Minister for Education and Skills the total number of schools throughout the country likely to experience a reduction in teacher numbers from or at September next; the number of teachers likely to be negatively affected; and if he will make a statement on the matter. [26116/12]

Bernard J. Durkan

Question:

88 Deputy Bernard J. Durkan asked the Minister for Education and Skills the number and location of schools in County Kildare likely to be affected by a reduction in teacher numbers from or at September next; the number of teachers likely to be affected arising therefrom; and if he will make a statement on the matter. [26117/12]

I propose to take Questions Nos. 87 and 88 together.

The Government has prioritised, as best as possible, the filling of front-line posts in the Education sector within the constraints of the Employment Control Framework. This is all the more challenging to achieve at a time of rapidly increasing enrolments in our schools.

Teacher allocations are approved annually in accordance with established rules based on recognised pupil enrolment. My Department has published the staffing arrangements at primary and post primary level for the coming school year, 2012/13. The relevant circulars, Primary 0007/2012 and Post Primary 0009/2012 are available on my Department's website.

At post primary level and in accordance with existing arrangements, where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department considers applications for additional short term support i.e., curricular concessions.

The allocation processes at both primary and post primary level also include an appeals mechanism under which schools can appeal against the allocation due to them under the staffing schedules. The appeal procedures are set out in the circulars referred to above. For the coming school year the existing staffing appeals criteria have been extended to enable some limited phasing arrangements for schools where the combination of budget and reform measures impact on a particularly adverse manner on a school's overall allocation. The Appeal Boards operate independently of the Department and their decisions are final.

The final staffing position for all schools at primary and post primary level will ultimately not be known until the autumn. At that stage the allocation process will be fully completed and any appeals to the Staffing Appeal Boards will have been considered.

Schools Building Projects

Bernard J. Durkan

Question:

89 Deputy Bernard J. Durkan asked the Minister for Education and Skills the total number of schools in all regions throughout the country currently deemed in need of extension upgrading or replacement by new schools; the number of such school likely to benefit from the school building capital works programme in the current year; the way this is likely to affect the totality of the problem in view of the increased demands arising from demographic trends; and if he will make a statement on the matter. [26118/12]

Information in respect of the current status of all assessed applications for major capital works including projects in architectural planning is available on my Department's website at www.education.ie which is updated regularly throughout the year. On 19th December 2011, I announced details of 56 major school building projects as part of €430m education infrastructure plan for 2012. The Five Year Plan that I announced on the 12th March 2012 contains details of a further 219 new major school building projects which will begin construction over the next five years as part of a €2 billion capital investment programme. Details of these projects are also contained on the website.

The Deputy will be aware of the demographic challenges that we are facing. Total enrolment in both primary and post-primary schools is expected to grow by almost 70,000 between now and 2018 and will continue to grow up to at least 2024 at post-primary level. The primary aim at the core of the Five Year Plan, that I announced on 12 March last, is focussed on meeting those demands and to ensure that every child will have access to a physical school place and that our school system is in a position to cope with increasing pupil numbers. This announcement represents major advances in how the school building programme is publicised, and will provide certainty to patrons and school communities concerning the major school building projects that my Department is in a position to progress. School building projects currently in architectural planning, including those projects not included in the five year programme, will continue to be advanced incrementally over time within the context of the funding available. Projects that are at application stage can only be considered for advancement in the context of the challenges set out above.

Psychological Services in Schools

Bernard J. Durkan

Question:

90 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent if any to which psychological assessment and or support is available for children at primary and post-primary level; if any weaknesses in the system have been identified; and if he will make a statement on the matter. [26119/12]

Bernard J. Durkan

Question:

91 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which psychological problems have been identified in school children at primary or second level; the extent of support service, if any, put in place arising therefrom; and if he will make a statement on the matter. [26120/12]

I propose to take Questions Nos. 90 and 91 together.

As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved and paid for by NEPS.

Additionally NEPS provides recommendations to the State Examinations Commission on applications from Leaving Certificate students under the Reasonable Accommodation for Certificate Examinations (RACE) scheme. NEPS psychologists, upon request from school authorities, also directly assist school communities who have the subject of a critical incident, a traumatic event such as the death of a pupil or teacher. In common with many other psychological services and best international practice, NEPS has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution focused consultative approach to maximize positive outcomes for these pupils. NEPS encourages schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention for pupils with learning, emotional or behavioural difficulties. Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school's best efforts in consultation with NEPS, will the psychologist become involved with an individual child for intensive intervention (referrals). This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.

For the Deputy's information in 2010/11 NEPS psychologists were involved with referrals (casework) in relation to individual named students in respect of some 7,880 pupils. The nature or primary reason for these referrals broke down as follows: Learning Difficulties: 63%, Emotional/Behavioural Difficulties: 15%, Review: 12% Irish Exemption/Poor Attendance/ Other: 8%, Placement Advice: 3%. Such referrals will normally involve the application of psychometric test and the production of a report setting out findings on and remedial recommendations to the educational need identified. In addition NEPS psychologists made recommendations to the State Examinations Commission in relation to over 4,500 applicants for RACE allowance. Under the SCPA process private psychologists provided assessment to schools not assigned a NEPS psychologists for 2,389 pupils in 2010/11.

During this period therefore the NEPS service catered for some 14,769 named pupils. As described within the Model of Service above, in addition to assessment and interventions with individual named pupils NEPS psychologists also offer general advice and guidance on unnamed pupils which are not recorded on the Casetrack System. It is estimated (extrapolated on survey data) that NEPS psychologists had input into in excess of an additional 10,000 pupils per annum. During the period NEPS psychologists also attended and assisted is some 98 Critical Incidents. At the end of 2011 NEPS assigned its 173 psychologists nationwide to some 86% of primary schools (representing some 91% of pupils) and 94% of Post-Primary schools (representing 95% of pupils).

Question No. 92 answered with question No. 67.

School Accommodation

Bernard J. Durkan

Question:

93 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which he can engage with the authorities at a school (details supplied) in County Kildare with a view to upgrading of accommodation and facilities in line with services generally available in mainstream education having particular regard to the broad scale of requirements at the school arising from the children’s needs; if he will meet the school authorities to work out a strategy in this regard; and if he will make a statement on the matter. [26122/12]

As outlined in the Five Year Plan, the delivery of major school projects required to meet demographic demand will be the main focus for capital investment in the coming years. Due to the financial constraints imposed by the need to prioritise available funding to meet future demographic demands, it has not been possible to advance all applications for capital funding concurrently. The Deputy will appreciate that the primary aim at the core of the Five Year Plan, is to ensure that every child will have access to a physical school place.

School building projects currently in architectural planning, including those projects not included in the five year programme, will continue to be advanced incrementally over time within the context of the funding available. These projects will, in general, complete the design stages of architectural planning and secure planning permission and other necessary statutory approvals. However, in light of current competing demands on the Department's capital budget, it is not possible at this time to indicate when those projects, including a project for the school in question will be progressed.

Health Services in Schools

Bernard J. Durkan

Question:

94 Deputy Bernard J. Durkan asked the Minister for Education and Skills if he is satisfied regarding the frequency of school medical examinations and any follow up action required thereafter; and if he will make a statement on the matter. [26123/12]

My Department does not operate the schools medical examinations service and I am not therefore in a position to comment on the matters raised by the Deputy. These matters are more appropriate to my colleague, the Minister for Health.

Question No. 95 answered with question No. 67.

Sale of State Assets

Maureen O'Sullivan

Question:

96 Deputy Maureen O’Sullivan asked the Minister for Public Expenditure and Reform in view of a comment he made in a recent interview regarding State assets, where he stated “we are assured by people who know — and we have sent them out to check”, if he will identify these persons and the actions they took in their investigations. [25963/12]

The particular comments of mine to which the Deputy's question refers dealt with the potential market appetite for the assets that the Government proposes to sell under the State asset disposal programme, which I announced in February. The NewERA unit of the National Treasury Management Agency is acting as the Government's financial advisor in respect of this disposal programme and has, since it was established last summer, met with a wide variety of market participants in order, inter alia, to gauge the potential market appetite for the State assets. NewERA has already prepared comprehensive financial reports on Bord Gáis Energy and Coillte, including detailed analysis of the market appetite for the companies or their assets, which have been submitted and considered by the relevant inter-departmental Steering Groups overseeing preparation of the assets for sale. I should add that the relevant Government departments, including my own, have also met with interested parties to discuss the issues. As possible transactions come closer and in the interests of transparency, I have put these contacts on a more structured footing with a formal protocol governing departments’ engagement with market participants/advisors in the context of the disposal programme. All such contacts are now being coordinated by NewERA.

Reform of Public Sector

Eoghan Murphy

Question:

97 Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform when the implementation body for the Croke Park agreement is due to publish its next review; if the body has already reported to him on its main findings. [26056/12]

The Implementation Body for the Public Service Agreement 2010-2014 is currently carrying out its second annual review of the Agreement in accordance with Paragraph 1.16 of the Agreement. I expect to receive the final report of the Implementation Body next month. It will be laid before the Houses of the Oireachtas and published shortly thereafter.

Sale of State Assets

Sean Fleming

Question:

98 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the selection criteria he is applying for the selection of advisers in relation to the sale of State assets; if a list has been drawn up from which advisers will be selected; and if he will make a statement on the matter. [26067/12]

The House will be aware from my announcement of 22 February that the Government has decided to pursue the sale of a number of State assets and to consider the possible sale of certain other State assets.

Under this programme, separate sale processes and timelines will apply to each individual transaction, which shall, where appropriate, include the appointment of advisers. None of these processes is currently at a stage where procurement for the appointment of advisers has commenced. It is envisaged that any such procurement process, including definition of scope of work and evaluation/selection criteria, will be managed by the NewERA unit of the NTMA with input from my Department and the other relevant Government Departments. The procurement of advisers will be conducted in accordance with relevant national and EU procurement guidelines and disposals of State assets will be transacted via an open, transparent, and competitive process in order to ensure that the State achieves value for any assets being sold.

Sean Fleming

Question:

99 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if the proceeds from the sale of the National Lottery licence is included in the €3bn target that has been set for the amount to be raised from the sale of State assets; and if he will make a statement on the matter. [26069/12]

The €3bn target for the amount to be raised through the State Asset Disposal Programme does not include any amount in relation to the award of the next licence to operate the National Lottery.

State Bodies

Marcella Corcoran Kennedy

Question:

100 Deputy Marcella Corcoran Kennedy asked the Minister for Jobs, Enterprise and Innovation the reason the Industrial Development Agency has not responded to correspondence from a community group (details supplied) in County Offaly. [26064/12]

The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the Agency, as part of the statutory responsibility assigned to it by the Oireachtas, this is not a matter for which I have direct responsibility.

I have made enquiries to IDA and I have been informed that the Agency sold lands to North West Kildare/North Offaly Partnership Company Limited in 2007. The lease contained an obligation on the part of Oak Partnership, the local development company for the North West Kidare / North Offaly to develop the site. Substantial commencement was to have occurred by 14th November 2008 and substantial completion was to have occurred by 14th November 2009.

In 2010, pursuant to the Government Cohesion Process, a process which sought to amalgamate certain entities i.e. Leader Companies and Partnership Companies, Oak Partnership was to be wound up and a new entity called Edenderry Community Enterprise Centre Limited was to be established.

I understand that IDA agreed to the assignment of the lease to the new entity and also granted a time extension to 31 August 2012 for the completion of building works.

In March 2012, Oak Partnership approached IDA Ireland again and confirmed that it had not completed the transfer of the asset to Edenderry Community Enterprise Centre Limited. Oak Partnership was still to be wound up and the solution proposed by them was for the land to be transferred back to IDA Ireland.

IDA Ireland maintains that it is not obliged to reacquire the lands but merely has a right to reacquire the lands at the original sale price. I am informed by IDA that the Agency has no intention of exercising this right.

I have, however, asked IDA Property Division to contact the Edenderry Community Enterprise Centre Ltd once again, with a view to clarifying the situation to the satisfaction of both parties.

Employment Rights

Jack Wall

Question:

101 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation the position regarding an award in respect of a person (details supplied) in County Kildare; if he is responsible for the stated payment; if not, the mechanism available to the person to obtain their rights as determined in regard to this matter; and if he will make a statement on the matter. [26084/12]

Where a Rights Commissioner has made a decision under the Organisation of Working Time Act and this decision has not been complied with, an employee may seek enforcement through the Labour Court by submitting a complaint in relation to the employers non-compliance to the Labour Court. The general time limit for compliance by an employer is six weeks.

Where a Rights Commissioner has made a decision under the Unfair Dismissals Acts and the decision has not been complied with, an employee may seek enforcement by presenting a claim for implementation of a Rights Commissioners Decision to the Employment Appeals Tribunal. The general time limit for compliance by an employer is six weeks.

Where an award or a determination is made or affirmed in favour of an employee by the Labour Court or the Employment Appeals Tribunal and the employer fails to comply, an employee or his/her trade union may then make an application to the Courts Service for an Order directing the employer to carry out the determination.

Where an employee is not in a position to do so, the Minister for Jobs, Enterprise and Innovation may, in certain circumstances, make an application to the Circuit Court for an Order on the employee's behalf. Such applications can be directed to the Enforcement Services Unit of the National Employment Rights Authority, O'Brien Road, Carlow for consideration.

Job Creation

Michael Healy-Rae

Question:

102 Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the pro-active steps he will take to ensure that jobs will come to County Kerry in view of the fact that we have premises available by our State agencies and a ready work force which are educated, skilled and desperately seeking employment; and if he will make a statement on the matter. [26092/12]

IDA Ireland is an autonomous agency whose statutory obligation is the attraction of foreign direct investment (FDI) to Ireland and its regions. Through its network of overseas offices IDA Ireland markets the linked hub locations of Killarney in South Kerry and Tralee in North Kerry for new FDI. Based on the strengths of the region, IDA Ireland is particularly targeting the ICT, International Financial Services and Globally Traded Business sectors. In addition, IDA Ireland is working closely with educational institutions and FÁS to develop the skill sets necessary to attract high value added employment to the county.

At the end of 2011 there were 12 IDA Ireland supported companies in Kerry employing 1,294 permanent staff. One of the targets outlined in IDA's Strategy document "Horizon 2020" is that 50% of investments will be located outside of Dublin and Cork. It is acknowledged, however, that there is intense and continual international competition to win this FDI, which is mainly dominated by Metro City Regions with populations in excess of 1 million. Ireland has one Metro Region, the Greater Dublin area, so in order to achieve balanced regional development IDA Ireland focuses on promoting Gateway locations within each Region as the areas of critical mass and highlights the opportunities provided by Hub locations which are within commuting distances of these Gateways.

The Government's Action Plan for Jobs has set a target of supporting the creation of 100,000 net new jobs over the period 2012 to 2016, with the longer term objective of having 2 million people at work by 2020. I recently announced the progress which has been made in this regard so far this year. Meanwhile, I am already getting suggestions and proposals in relation to preparing the Action Plan for 2013, which I am examining and will bring to Government later this year. As the Deputy is no doubt aware, the "Succeed in Ireland" initiative, which aims to create 5,000 jobs within five years was launched on 8th March 2012. The launch represents the delivery of a key Q1 commitment in the Action Plan for Jobs 2012, and also represents a concrete example of the Government's commitment to make Ireland the best small country in the world in which to do business.

The aim of the Succeed in Ireland initiative is to incentivise people around the world, including our diaspora, to be our eyes and ears on the global stage and help deliver new jobs and investment. This is an innovative scheme that offers a new channel to reach thousands of small to medium enterprises around the world and spread the word about Ireland's strong reputation as a location for business.'

The initiative will complement IDA's existing work in securing FDI from large multinationals, companies at second tier and emerging business companies and will form a key part of the Government's strategy to deliver investment to regional areas.

Meanwhile, IDA Ireland continues to market all available land and buildings in the County including its 12 acre Business and Technology Park at Tiernaboul, Killarney, Co. Kerry. In Tralee, IDA is also marketing the Kerry Technology Park which is owned and managed by Shannon Development in partnership with the Institute of Technology Tralee. IDA also markets available private property solutions. However, in all cases the final decisions on where to locate are taken by the investor.

Work Permits

Bernard J. Durkan

Question:

103 Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation when he expects to review the application for a work permit in the case of a person (details supplied) in County Kildare whose position has been advertised unsuccessfully on a number of occasions; if in such circumstances he will now approve the relevant work permit; and if he will make a statement on the matter. [26111/12]

I wish to advise the Deputy that this Work Permit application was refused on the 15th December 2011 on the grounds that it is current Government policy to issue new employment permits only in respect of:

highly skilled, highly paid positions or;

non-EEA nationals who are already legally resident in the State on valid employment permits or;

positions requiring specialist or scarce skills, expertise or qualifications which cannot be filled elsewise.

Furthermore permits are issued in respect of employment where it is established that a minimum salary of €30,000 per annum is on offer, based on a 39 hour week.

It appeared that insufficient efforts were made to recruit/train an Irish or EEA National for this position. New work permit applications can only be considered where it is established that the position has been advertised with FÁS/EURES for a period of 8 weeks and that this advertisement has been flagged as a work permit vacancy and advertised for at least six days in both local and national newspapers.

Finally, it also appeared from the information provided that the applicant was already working for the company without having a valid employment permit and that the company had no other employees.

The applicant was notified of this decision in writing and of their right to appeal this decision within 21 days. No such appeal was received in the Employment Permits Section.

Social Welfare Benefits

Aodhán Ó Ríordáin

Question:

104 Deputy Aodhán Ó Ríordáin asked the Minister for Social Protection her views on an issue regarding dental and orthodontic treatment (details supplied); and if she will make a statement on the matter. [26057/12]

Orthodontic treatment has never been covered under the Department's dental benefit scheme.

Changes introduced in Budget 2010 restricted the treatments available under the dental benefit scheme to an annual free examination. Currently, over 2 million PRSI contributors and their dependant spouses remain eligible for the free dental examination. In 2011, over 272,000 customers claimed a free dental examination at a cost of over €9 million.

While all social welfare expenditure is kept under review, there are no immediate plans to reverse the changes introduced in 2010.

Noel Harrington

Question:

105 Deputy Noel Harrington asked the Minister for Social Protection the number of teachers who made claims for jobseeker’s benefit or allowance or other assistance during the Easter holidays of 2011 and Christmas holidays of 2011/12; and if she will make a statement on the matter. [25979/12]

Noel Harrington

Question:

106 Deputy Noel Harrington asked the Minister for Social Protection the number of teachers who made claims for jobseeker’s benefit or allowance or other assistance and who presented Form UP2 on signing on with the Department, indicating that they had been paid a percentage in their pay in lieu of statutory holiday pay, during the Easter holidays 2011, summer holidays 2011 and Christmas holidays 2011/12; and if she will make a statement on the matter. [25980/12]

I propose to take Questions Nos. 105 and 106 together.

The Department of Social Protection records occupation details of people signing on the Live Register under various headings. Teachers are included in the category of "teaching professionals". However, as the occupational category of ‘teaching professionals' includes occupations such as Special Needs Assistants and others, as well as teachers, the information requested by the Deputy is not available.

The table details the number of claims registered for Jobseeker's Allowance, Jobseeker's Benefit and Jobseeker's Benefit Credits by teaching professionals during the holiday periods specified:

Teaching Professionals — Registered Claims

17/04/2011-01/05/2011

31/05/2011-31/08/2011

18/12/2012-08/01/2012

Jobseeker’s Allowance

338

3,067

314

Jobseeker’s Benefit

1,061

5,575

945

Jobseeker’s Benefits Credits

71

483

81

Sum

1,470

9,125

1,340

Social Welfare Appeals

Pat Breen

Question:

107 Deputy Pat Breen asked the Minister for Social Protection when a decision on an illness benefit appeal will issue in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [25981/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27th July 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. In that regard a further medical examination was carried out as well as review of the most recent further medical evidence submitted by the person. The papers have now been received in the Social Welfare Appeals Office and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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

Social Welfare Benefits

Jack Wall

Question:

108 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25986/12]

The person concerned made an application for rent supplement on the 1st of May 2012 and has been requested to provide further information in order to process his claim. A decision will be made on his application when the information has been provided.

Question No. 109 withdrawn.

Departmental Staff

Joan Collins

Question:

110 Deputy Joan Collins asked the Minister for Social Protection her plans for the community welfare officers currently based in a health centre (details supplied); if they will be moved and to which location. [26018/12]

There are two Department of Social Protection staff based in Cashel Road Health Centre, providing services previously provided by Community Welfare Officers. The Health Centre is part of the Health Service Executive's network of offices and the HSE has indicated that it intends to vacate those premises. A time scale for this process has not been agreed with the Department. Alternative accommodation for the Department's staff will be identified as part of the process. In the meantime, the Department's staff will continue to provide service from that location, as heretofore.

Social Welfare Appeals

Aengus Ó Snodaigh

Question:

111 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details supplied) in Dublin 8 was refused disability allowance, being told that they could not receive it as they were not on jobseeker’s allowance, and when they applied for jobseeker’s allowance were told they were too ill and therefore not available for work; and if the disability allowance file will be reviewed to ensure they will receive some sort of payment. [26032/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned in relation to his disability allowance case was registered in that office on 24th January 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers have now been received in the Social Welfare Appeals Office and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Éamon Ó Cuív

Question:

112 Deputy Éamon Ó Cuív asked the Minister for Social Protection if tenants in receipt of rent allowance cannot get their landlords to reduce their rent in line with the new guidelines issued by the Department will they have to move to other properties at lower rent; and if she will make a statement on the matter. [26079/12]

Rent supplement provides short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently approximately 95,000 persons in receipt of rent supplement, with €436m provided in 2012. The new maximum rent limits were set after an analysis of the most up to date market data available. The emphasis of the rent limit review was to ensure that maximum value for money for tenants and the taxpayer was achieved whilst at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation.

As existing claims come up for review they will be assessed using the new limits. In all cases under review where the rent is above the new maximum limit the individual concerned is being asked to contact the landlord to renegotiate the rent. Where a landlord does not agree to reduce the rent to the new rates, Departmental officials will discuss the options open to the tenant up to and including seeking alternative accommodation having due regard to any existing lease arrangements. It should be stressed that there will be no case of homelessness from this measure and Department officials are dealing with each case based on the individual circumstances of the rent supplement tenancy.

Social Welfare Appeals

Bernard J. Durkan

Question:

113 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 87 of 17 May 2012, the reason the basic information sought was not provided in the question, in view of the fact that the request was to indicate when it is intended to offer rent support either as a single person or in conjunction with their child given that they had repeatedly made applications and supplied the relevant information under both categories, that her Department does not seem to be aware of this, that reference to the effect that rent supplement can only exist when the rent sought has been reduced to the limit for a single person in self-contained accommodation, is irrelevant in the current situation in view of the fact that all possible requirements have been met in full and failure by her Department to address these matters have resulted in the most serious hardship been caused to the applicant with particular reference to their psychological well-being; if she will therefore as a matter of urgency have the case re-examined with a view to early payment; and if she will make a statement on the matter. [26103/12]

The person concerned has been refused by the Department as the rent was in excess of the applicable limits. This decision has been upheld by the Appeals Office. The person concerned can only have an entitlement to rent supplement when the rent sought has been reduced to the appropriate amount for a single person in self-contained accommodation. The Department has yet to receive verification from the landlord in question that the rent has been reduced accordingly. When the person concerned has obtained this reduction, the Department will ensure to immediately expedite the rent supplement claim. The person concerned has been provided with the forms to facilitate this reduction.

Bernard J. Durkan

Question:

114 Deputy Bernard J. Durkan asked the Minister for Social Protection the position in the matter of determination of entitlement to disability allowance or invalidity pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26108/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence allowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the Appeals Officer decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Bernard J. Durkan

Question:

115 Deputy Bernard J. Durkan asked the Minister for Social Protection when it is likely that carer’s allowance will be made available in the case of a person (details supplied) in County Kildare. [26109/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of her case a decision will be made and the person concerned will be notified directly of the outcome.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when carer’s allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26110/12]

The person concerned was refused carer's allowance on the grounds that, based upon the medical evidence provided in support of the application, the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. On 22 December 2011, she was notified of this decision and the reason for it. Additional medical evidence was received and forwarded to the medical assessor for further consideration. The person in question will be notified directly of the outcome of the review in due course.

Social Welfare Appeals

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Social Protection when an oral hearing requested in the case of a person (details supplied) in County Kildare in respect of mortgage interest relief will be granted; and if she will make a statement on the matter. [26113/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14th January 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the decision to refuse jobseeker’s allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26114/12]

A deciding officer has reviewed the decision to disallow an application for jobseeker's allowance from the person concerned in light of the information supplied in his appeal. Following the review the decision was unchanged and his appeal has now been forwarded to the Social Welfare Appeals Office.

Turbary Rights

Brendan Smith

Question:

119 Deputy Brendan Smith asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the serious concerns of turf cutters in counties Cavan, Longford and Westmeath who have turbary rights in the general Lough Sheelin area; the efforts being made to address adequately such concerns; and if he will make a statement on the matter. [26038/12]

I am fully aware of the concerns of turf cutters on Moneybeg / Clare Island raised bog Special Area of Conservation (SAC). Direct discussions were held between officials from my Department and turf-cutters from this SAC in February of this year at the Peatlands Forum in Athlone and a further meeting took place on 6 May which they again outlined their concerns. My officials are available for further discussions and to assist the group in terms of meeting the requirements of turf-cutters. Over fifty applications have been received from turf-cutters on this SAC seeking compensation or relocation and these applications are being processed in my Department.

Departmental Agencies

Michelle Mulherin

Question:

120 Deputy Michelle Mulherin asked the Minister for Communications, Energy and Natural Resources the reason Bord na Móna sold lands at a location (details supplied) by private treaty in 1997 without notice to the local landowners from whom it had compulsorily acquired the said lands; the reason the local landowners were not offered back the lands; and if he will make a statement on the matter. [26015/12]

Michelle Mulherin

Question:

121 Deputy Michelle Mulherin asked the Minister for Communications, Energy and Natural Resources the reason Bord na Móna exercised its statutory power to compulsorily acquire lands at a location (details supplied) in County Mayo from local landowners and then never cut turf on that land and instead subsequently found the lands not suitable for that purpose; and if he will make a statement on the matter. [26022/12]

I propose to take Questions Nos. 120 and 121 together.

The acquisition, development and disposal of lands by Bord na Móna are operational matters for the company, acting under the Turf Development Acts 1946 to 1998, and I have no function in this matter. I am advised by Bord na Móna that the company acquired over 5,000 hectares of land in North Mayo mainly in the early 1950's as part of a development programme to enable peat to be produced to supply Bellacorick Power Station. The particular lands in question were part of this overall acquisition programme. Bord na Móna acquired the full freehold title to the property and the owners were compensated accordingly.

Bord na Móna advises that some years after the original acquisition, the particular lands in question were identified as unsuitable to support efficient peat harvesting operations. The lands remained in the Company's possession. During the late 1980s and early 1990s, Bord na Móna's financial position deteriorated, necessitating rationalisation across the company. As part of the rationalisation an agreement was reached to sell 190 hectares at Corvoderry, County Mayo. The Turf Development Act 1946 statutorily empowers Bord na Móna to sell lands that are no longer required for its functions. Bord na Móna advises that in the circumstances at the time of the sale of the lands in question, there was no requirement for it to go to tender to advertise this land. The land was purchased subject to the purchaser obtaining approval for grant aid for forestry.

Development of the land for forestry was in line with Government policy to support afforestation and grant aid was available from the then Department of Energy. The applicant was approved for grant aid and the contracts for sale were completed in 1992. Forestry was subsequently planted on the site.

Inland Fisheries

Brendan Griffin

Question:

122 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources his views on a matter relating to salmon conservation (details supplied) in County Kerry; and if he will make a statement on the matter. [26062/12]

I am advised by Inland Fisheries Ireland (IFI) that the lock in question is on a gate on an individual's private property and does not cause IFI officers any undue inconvenience. I am also advised that vehicular access is not required at this location as this area is patrolled on foot.

Natural Gas Grid

Brendan Griffin

Question:

123 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if he will direct the energy regulator to publish the final decision in relation to the gas interconnector as a matter of urgency. [26066/12]

The decision on the regulatory treatment of the gas interconnectors is statutorily a matter for the Commission for Energy Regulation (CER) under the Gas (Interim) (Regulation) Act 2002. I have no function in the matter. The CER, as the independent energy regulator has a remit to protect energy consumers, ensure security of supply and support competitiveness. It also has a duty to ensure that future new sources of gas for the Irish market do not result in unwarranted increases in the price of gas to business and domestic consumers.

On the 17th February the CER published a Proposed Decision Paper on the issue of the regulatory treatment of the gas interconnectors. Together with all players and potential players in Ireland's gas market, Shannon LNG has a key commercial interest in the outcome of the CER's ultimate decision on this very complex regulatory question and given the complexities there are many different perspectives on this issue. On the 1st March the CER held a further Public Forum for stakeholders. The objective of the Forum was to give stakeholders the opportunity to discuss with the CER any issues relating to the contents of the proposed Decision Paper in order to help inform the CER's final decision. Stakeholders had a further opportunity to respond to the CER by the 16th March on the matters raised in the Proposed Decision Paper. The consultation period closed on 16 March. The CER has been examining all submissions received in response to the consultation with a view to finalising its decision and publishing it as soon as possible.

However it is the case that subsequent to the CER publishing its proposed decision, Shannon LNG has made a submission to DG Competition of the European Communities outlining the company's concerns about the CER's proposed decision in terms of whether it would comply with State aid rules. This submission follows on an earlier submission to DG Competition lodged by the company last year. On foot of the most recent submission, DG Competition has requested the Irish authorities to provide detailed responses in relation to the issues raised about State aid compliance. The process now underway regrettably has the potential to further delay CER's decision. CER has assured my Department that it remains committed to publishing a final decision at the soonest practicable date. The CER's decision will bring the regulatory certainty needed for the future by all stakeholders in the gas market including those with investment decisions to make.

Local Authority Services

Colm Keaveney

Question:

124 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government if talks are or were under way with a company (details supplied) for the proposed provision of a private litter warden service for the functional areas of Galway County Council, Limerick County Council, Mayo County Council and Roscommon County Council; if the relevant trade unions were informed and invited to these talks; the stage of the privatisation process talks; if the above local authorities are in any other talks with other companies with regard to the privatisation of other services without the knowledge of the relevant trade unions contrary to the Croke Park agreement; and if he will make a statement on the matter. [26005/12]

Colm Keaveney

Question:

125 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government if he will forward all details in relation to the numbers of third parties, contractors and sub-contractors employed and hired by Roscommon County Council; the number of jobs started by same persons for the years 2009, 2010 and 2011; if he will provide all details for the above years, for the number of times that the relevant trade unions were informed of these contractors and works being started; if Roscommon County Council will confirm that all of the above persons employed by Roscommon County Council during that time and up to the present are fully compliant in relation to tax, health and safety and all other relevant legislation; and if he will make a statement on the matter. [26006/12]

I propose to take Questions Nos. 124 and 125 together.

Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. Accordingly, the details sought in the questions are not available in my Department.

Building Regulations

Peter Mathews

Question:

126 Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government if he will ensure that the Building Control (Amendment) Regulations 2012 does not place architects or lead designers liable for the quality of the builders work; and if he will make a statement on the matter. [25995/12]

I refer to the reply to Question No. 174 of 23 May 2012 which sets out the position in relation to the draft Building Control (Amendment) Regulations 2012.

Unfinished Housing Developments

Patrick Deering

Question:

127 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if local authorities are allowed to carry out works in estates not yet taken in charge and when the bond has been drawn down; if he will clarify who is responsible for any problems that may arise from works carried out in such circumstances. [25996/12]

My Department has consistently advised planning authorities that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to carry out necessary work to a satisfactory standard in those developments. Planning conditions must require the giving of sufficient security prior to commencement of development and planning authorities should ensure that they are in a position to draw down the security in cases where a developer fails satisfactorily to complete a residential development, or phase of a development, within the specified period. It is a matter for the planning authority to determine both the level of the security, the duration and the type of security but it should be of an appropriate level to enable the planning authority, without cost to itself, to carry out the necessary works (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer. The enforcement of planning conditions, including conditions in relation to bonds, is a matter for the relevant planning authority.

Colm Keaveney

Question:

128 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government when Galway County Council intends to take over an estate (details supplied) in County Galway; if Galway County Council will confirm that a bond was paid by the developer for this site and also confirm that said authority also priced the completion of this site yet failed to complete same. [26004/12]

In such cases it is a matter for the planning authority to determine both the level of the security, the duration and the type of security but it should be of an appropriate level to enable the planning authority, without cost to itself, to carry out the necessary works (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer.

The decision on whether or not to take in charge a particular development is a matter for the relevant local authority, in this case Galway County Council, and my Department has no function in the matter.

Local Authority Staff

Colm Keaveney

Question:

129 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government if he will forward all details in relation to the following, as of 1 May 2012 the number of persons employed by Roscommon County Council that earn up to €25k gross, €30k gross, €40k gross, €50k gross, €60k gross and in excess of €75k gross; if any increments or bonuses are expected to be paid out to employees earning between €60k and €100k this year; if so, what will be the approximate individual payment; if any increments or bonuses are expected to be paid out to staff earning between €25k and €40k and if so, the approximate individual payment; the number of senior engineers and engineers employed by Roscommon County Council; the number of technical staff, that is planners and so on; the number of senior clerical and administrative staff; the number of clerical officers and the number of general operatives, road crews, outdoor workers and water-works or sewerage staff; if any member of staff that had previously retired has been rehired by Roscommon County Council in any capacity; and if he will make a statement on the matter. [26008/12]

The numbers of persons employed in Roscommon County Council (as at 30 June 2011) on a whole time equivalent basis (WTE) is set out in the table:

Local Authority

€0- €25,000

€25,001-€30,000

€30,001-€40,000

€40,001-€50,000

€50,001-€60,000

€60,001-€75,000

€75,001 +

Roscommon

19.43

109.81

166.28

74.06

50.8

27.83

28

The scheme for Performance Related Awards for the Local Government Sector was suspended in 2009. No performance awards have been made since 2007.

Information on increments is not available in my Department as day to day operational matters are a matter for each individual local authority.

My Department gathers information on the numbers employed in local authorities on a quarterly basis. The numbers of persons employed in Roscommon County Council (as at 31 March 2012) on a whole time equivalent basis (WTE) is set out in the table:

Category

WTE

Managerial

5

Clerical / Admin

140.25

Professional / Technical

71.3

Outdoor

191.1

Contract posts

19.23

Other

16

I understand that Roscommon County Council has not rehired any former employees who had retired.

Local Authority Grants

Andrew Doyle

Question:

130 Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will consider introducing grants for domestic rainwater harvesting as a measure to improve water conservation; and if he will make a statement on the matter. [26021/12]

Harvested rainwater can potentially be used as an alternative source of water for various domestic purposes such as supplying toilet cisterns, car washing, etc.

Rainwater harvesting systems are increasingly being incorporated into new developments. Insofar as existing developments are concerned, the provision of a storage tank and the cost of its installation are important considerations. The cost of installing a rainwater harvesting system will be influenced by the existing roof drainage arrangements and the level of storage required. The cost of retrofitting an average sized suburban semi-detached household with a rainwater harvesting system is estimated at between €4,000 and €6,000 and would also require signification modifications to internal plumbing systems in order to avoid cross contamination with the public water supply.

There are no plans at this time for the introduction of a scheme of grant aid for the installation in existing houses of domestic rainwater harvesting equipment.

Unfinished Housing Developments

Peadar Tóibín

Question:

131 Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the number and total value of cash bonds held by Meath and Louth county councils for unfinished developments in their areas. [26040/12]

The specific information sought in relation to the number or values of bonds is not available in my Department.

Local Authority Submissions

Catherine Murphy

Question:

132 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to introduce online submissions towards development and local area plans, regional and national planning policy guidance in the interests of promoting e-Government, achieving departmental efficiencies and encouraging citizen participation; and if he will make a statement on the matter. [26052/12]

The making of an online submission through electronic mail is already a generally available option in these regards.

Planning Issues

Catherine Murphy

Question:

133 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to have an independent external planning inquiry into plan making in Dungarvan Town Council in view of the recent conviction of a person (details supplied) for planning corruption; and if he will make a statement on the matter. [26053/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): The specific issue in relation to one member has been dealt with by the courts there is no wider prima facia evidence that would merit the establishment of an independent inquiry.

Water and Sewerage Schemes

Éamon Ó Cuív

Question:

134 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when approval will be given to Galway County Council for the Oughterard sewerage scheme; and if he will make a statement on the matter. [26082/12]

The Water Services Investment Programme 2010-2013 provides for the development of a comprehensive range of new water services infrastructure in County Galway. The Oughterard Sewerage Scheme is included in the Programme amongst the list of contracts in the county to start in the period 2010-2013. The inclusion of the scheme in the current Water Services Investment Programme reflects the importance attached to this scheme by my Department.

My Department is currently considering Galway County Council's revised Design Review Report for the Oughterard Sewerage Scheme and a reply will issue to the Council as soon as possible. Once approved by my Department, the Council can then proceed with the preparation of contract documents for the scheme.

Local Authority Housing

Michael Healy-Rae

Question:

135 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government in Killarney town there are more than 1,000 applicants on the housing list, with all the houses that are empty if he will be be more proactive in acquiring houses that are empty through a rent to buy, RAS or other such schemes; his plans to deal with this problem; and if he will make a statement on the matter. [26091/12]

It is a matter for individual housing authorities to identify properties suitable for social housing and to make any associated funding proposals to my Department.

In terms of the delivery of social housing generally, the Government's housing policy statement, published in June 2011, clearly identifies that the priority for Government will be to meet the most acute needs of households applying for social housing support. Delivery of social housing will be significantly facilitated through more flexible funding models such as the Rental Accommodation Scheme and leasing, but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms will include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition. There is also obvious potential, across a range of housing programmes, for the Government's objective of sourcing and providing suitable residential units for use as social housing to be aligned with the commercial objectives of the National Asset Management Agency (NAMA).

Local Authority Services

Patrick Deering

Question:

136 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government in relation to private housing estates if category 1, 2, 3 and 4, the liabilities of local authorities in relation to inspection, maintenance or carrying out of works under category 4 funding or bond call. [26098/12]

The sites in question constitute private sites under the control of private individuals or companies. The responsibility for the completion of the estates rests solely with these entities. Where the non-completion of the estates was causing significant health and safety issues for members of the public, local authorities, under the framework of the Public Safety Initiative, have entered onto sites in the public interest to make safe those elements causing a hazard. Insurance was in place under the local authorities own working policies and remained in place only for the duration of the remedial works.

Private Rented Accommodation

Bernard J. Durkan

Question:

137 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he can examine the RAS scheme with a view to determination as to whether the scheme needs updating or review in view of experience and circumstances since its inception; and if he will make a statement on the matter. [26106/12]

A Value for Money and Policy Review has been carried out on the RAS which analyses the scheme and provides general information on its operation. This study will be available shortly and will inform policy development in relation to the scheme.

Data Protection

Eoghan Murphy

Question:

138 Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to the fact that Index on Censorship has highly criticised the 2005 Garda Síochána Act; and if he will make a statement on the matter. [26055/12]

Criticisms of the Garda Síochána Act 2005 by the Index on Censorship organisation have been reported in the media recently. The purpose of Section 62 of the Garda Síochána Act 2005 is to prohibit a person who is or was a member of the Garda Síochána, or of its civilian staff, from making unauthorised disclosure of information obtained in the course of his or her duties. The section provides stiff penalties for persons who contravene its provisions, particularly where the person receives any gift, consideration or advantage as an inducement to disclose information. In such cases, fines up to €75,000 and/or up to 7 years imprisonment for conviction on indictment can be imposed.

As an organisation the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions. Where allegations of unauthorised disclosure arise they must be fully investigated and I support the Garda Commissioner in this.

I don't accept that this provision is unnecessarily restrictive. I am satisfied that it strikes the right balance and I know that the great majority of members of the force and the general public would instinctively support the underlying fundamental policy aspect of the legislation.

Visa Applications

Joanna Tuffy

Question:

139 Deputy Joanna Tuffy asked the Minister for Justice and Equality if an application for visas in respect of persons (details supplied) will be expedited; and if he will make a statement on the matter. [25969/12]

The visa applications referred to by the Deputy were received in the visa office, Dublin on the 22 February 2012. Following consideration it was the decision of the visa officer to refuse the granting of the visas sought.

The visas were refused for the following reasons:

IH: - Immigration history of applicants.

VR: - Previous visa refusal(s).

OB: - Obligations to return to home country have not been deemed sufficient.

OC: - Condition — The applicant may overstay following proposed visit.

ST: - Proposed visit is not short term in nature — exceeds 90 days.

The visa officer noted that the applicants had on two previous occasions, in 2009 and 2010, not observed the conditions of visas granted and had overstayed in the State in violation of those conditions. On both occasions the duration of overstay was for a considerable period of time.

It is open to the persons concerned to appeal the decision not to grant the visas, within two months of the date of refusal, in this instance before the 22 August 2012. Where doing so the persons concerned should be in a position to address the above referred to concerns of the Visa Office, Dublin. Guidelines as to the visa appeals procedure is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Queries in relation to general immigration matters 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 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.

Children in Care

Sandra McLellan

Question:

140 Deputy Sandra McLellan asked the Minister for Justice and Equality if it is acceptable that a young girl from Nigeria who was placed in foster care eight years ago had all services withdrawn including payment to the foster family when she reached the age of 18 and has been living here under the radar for the last five years as if she does not exist; the options available to this person to become a citizen with rights in this State; and if he will make a statement on the matter. [25987/12]

If the Deputy can provide me with the full details of the lady in question, I would be happy to investigate the matter further and let the Deputy know the position.

Garda Deployment

Peter Mathews

Question:

141 Deputy Peter Mathews asked the Minister for Justice and Equality if he will intervene on a matter (details supplied) in Dublin 16 regarding allocation of Garda resources; and if he will make a statement on the matter. [25994/12]

The Deputy will be aware that the Commissioner, in consultation with his senior management team, is responsible for the detailed allocation of resources, including personnel, throughout the organisation. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. I have no direct function in these matters.

On the 30 April, 2012, a new national roster system was introduced on a pilot basis in An Garda Síochána. One of the main aims of the new roster system is to provide a better match between the availability of resources and policing demands thus ensuring the best possible service to all communities. The introduction of this new roster system resulted in the redeployment of certain Garda resources, including resources attached to the Community Policing Unit in the area referred to by the Deputy. While these resources have been redeployed to other working units, they continue to retain responsibility for liaising with Neighbourhood Watch and other Community Groups in the sub-district concerned as part of their normal duties and subject to operational demands.

The importance of the partnership between An Garda Síochána and the community in preventing and detecting crime and maintaining a safe environment for everyone can never be over-emphasised and the pledge of An Garda Síochána is to continue to invest time and energy in those partnerships and relationships to the benefit of all.

Probate Applications

Éamon Ó Cuív

Question:

142 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the reason for the delay in the granting of probates in County Galway; the steps he is taking to ensure that persons will receive a timely service on probate applications; and if he will make a statement on the matter. [26001/12]

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which, as the Deputy will be aware, is independent in exercising its functions under the Courts Service Act 1998.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that District Probate Registries located outside Dublin are located within Circuit Court Offices. Staff in these offices are not exclusively assigned to probate work and also have responsibility for other aspects of circuit court work. I am informed that a number of staff have retired from Galway Circuit Court Office which operates the District Probate Registry for Co Galway and Co Roscommon. I am informed that assistance is being provided by the local Courts Service Regional Office and from neighbouring offices which have experience of probate work to immediately address this issue. In addition, the Courts Service has indicated to applicants that they may lodge probate applications with the Probate Registry in Dublin, if they wish to do so.

I am sure that the Deputy will appreciate that the Courts Service, in common with all other public sector organisations, is obliged to ensure that resources are deployed to best effect to ensure continuity of service with reduced budgets and resources. Greater flexibility in the deployment of available resources will be critical in maintaining the delivery of front line court services.

The Courts Service has informed me that they have put in place contingency plans which are being customised to meet the needs of individual offices, including the Galway Circuit Court Office. These plans include technical skills training to address the skills and knowledge deficit resulting from retirements. The Service has put in place a series of work force planning measures over the last three years to ensure that available resources are deployed to best effect including the centralising of processes, creation of multi jurisdictional combined court offices, rationalisation of court venues and offices, rationalisation and standardisation of processes and an ongoing review of resource allocation including redeployment to front line services.

Garda Equipment

Colm Keaveney

Question:

143 Deputy Colm Keaveney asked the Minister for Justice and Equality if he will provide all details in relation to the number of marked and unmarked Garda cars in east Galway; the number of cars due to be replaced in 2012; the mileage on the Garda car stationed at Glenamaddy, County Galway; if that car is due for replacement; and if he will make a statement on the matter. [26007/12]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Garda Operations

Kevin Humphreys

Question:

144 Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of outstanding warrants on PULSE as of this date nationwide; if he will provide a breakdown of the outstanding warrants by Garda districts from the PULSE system; and if he will make a statement on the matter. [26011/12]

Kevin Humphreys

Question:

145 Deputy Kevin Humphreys asked the Minister for Justice and Equality the average time it takes to serve a warrant; if there is an upper time limit on serving a warrant; and if he will make a statement on the matter. [26012/12]

Kevin Humphreys

Question:

147 Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of warrants currently outstanding for more than six months on the PULSE system; and if he will make a statement on the matter. [26014/12]

I propose to take Questions Nos. 144, 145 and 147 together.

I expect to receive a detailed report shortly from the Garda authorities which I have sought in relation to outstanding warrants. I will contact the Deputy again when the report is to hand.

Kevin Humphreys

Question:

146 Deputy Kevin Humphreys asked the Minister for Justice and Equality his views on whether An Garda Síochána has sufficient resources to ensure warrants are served without significant delays; and if he will make a statement on the matter. [26013/12]

The Deputy will be aware that the Commissioner, in consultation with his senior management team, is responsible for the detailed allocation of resources, including personnel, throughout the organisation. This allocation of resources is constantly monitored in the context of crime trends, policing needs (including the serving of warrants) and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

Question No. 147 answered with Question No. 145.

Garda Stations

Brian Stanley

Question:

148 Deputy Brian Stanley asked the Minister for Justice and Equality if he will guarantee that Sundrive Road Garda Station, Dublin 12 will remain open permanently and that his Department has no plans to close same. [26016/12]

As the Deputy is aware, in the Policing Plan for 2012, it was proposed to reduce the public opening hours of the Sundrive Garda station in the Dublin Metropolitan Region (D.M.R.) South Division. This change was introduced on 30 April 2012. The station was open to the public on a 24-hour basis and is now closed to the public between 9 p.m. and 7 a.m. It is important to remember that while the Garda station in question will have reduced opening hours to the public, it will remain as a functioning Garda station on a 24-hour basis.

Under the Garda Síochána Acts 2005-2007, the Commissioner is required to submit, before November of each year, a policing plan for the forthcoming year. The Policing Plan for 2013 has not yet been prepared and therefore it is not possible to say at this stage what it may contain although I expect that it will contain measures to address the ongoing issue of rationalisation of the Garda station network.

Criminal Prosecutions

Thomas P. Broughan

Question:

149 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the circumstances under which a motorist who is involved in a fatal collision is prosecuted for dangerous driving causing both death and serious injuries to passengers in the other vehicle; and if he will make a statement on the matter. [26028/12]

I have no role in the investigation or prosecution of alleged offences. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the Director of Public Prosecutions (DPP), who is independent in the performance of her functions.

Road Traffic Offences

Thomas P. Broughan

Question:

150 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers that have been charged with dangerous driving causing both death and grievous bodily harm in a fatal road collision each year since 2009; and if he will make a statement on the matter. [26029/12]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

Thomas P. Broughan

Question:

151 Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will request that the Courts Service urgently collate and publish the data on the number of unaccompanied learner drivers that have been convicted after being involved in a fatal or serious collision each year since 2009; if they will monitor this issue on an ongoing basis; and if he will make a statement on the matter. [26031/12]

My reply to Questions No. 388 and 389 of 15 May 2012 refers. I am informed that courts records are maintained having regard to the offence with which a person is charged. The Courts Service has no means of collating data relating to the number of unaccompanied learner drivers convicted after being involved in a collision. As the Deputy will appreciate, being involved in a collision is not itself an offence.

I have asked the Garda authorities for a report on any information available to them which could be of assistance to the Deputy.

Residency Permits

Brendan Griffin

Question:

152 Deputy Brendan Griffin asked the Minister for Justice and Equality the reason an application for permission to remain in the State in respect of persons (details supplied) in County Kerry was refused; if the decision will be reviewed in view of the applicant’s professional expertise, means and financial well being; if permission to remain will be granted; and if he will make a statement on the matter. [26050/12]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have received further information in respect of the circumstances of the person mentioned by the Deputy. The INIS are considering this information and have arranged to meet with the person concerned to discuss his case further as part of that consideration.

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 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.

Road Traffic Offences

Thomas P. Broughan

Question:

153 Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has reviewed the figures for the number of unaccompanied learner drivers that have been involved in fatal and serious collisions each year since 2009; if he is going to propose any new measures in liaison with the Department of Transport, Tourism and Sport and An Garda Síochána to address this issue; and if he will make a statement on the matter. [26054/12]

I am informed by the Garda authorities that 45 unaccompanied learner drivers were involved in a fatal collision and that 74 were involved in a serious injury collision between 1 January 2009 and 14 May, 2012. I am, of course, concerned at these fatalities and serious injury collisions as I am for all such incidents on our roads.

Road traffic legislation, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport, provides that a learner driver must be accompanied at all times and that it is an offence for a learner driver to drive a vehicle while unaccompanied by a holder of a full license.

Enforcement in the area of road safety by An Garda Síochána continues to focus on high risk behaviour such as speeding, drink or drug driving, non-use of seat belts, reckless driving and use of mobile phones, with a view to reducing the number of collisions and fatalities. I am further informed by the Garda authorities that a particular focus will also be on the learner driver.

In that regard, the Deputy will be aware that An Garda Síochána recently conducted two specific enforcement operations under Operation Learner Driver in conjunction with the Road Safety Authority and other relevant stakeholders. These operations targeted learner drivers and took place in March and April of this year and a substantial number of cautions and proceedings arose as a result. An Garda Síochána will continue to prioritise the enforcement of road traffic legislation to ensure greater compliance by learner drivers.

Ministerial Appointments

Catherine Murphy

Question:

154 Deputy Catherine Murphy asked the Minister for Justice and Equality the current number of active Peace Commissioners here; the distribution of same by county; the total number of new Peace Commissioners created in 2010, 2011 and to date in 2012; the process by which one may apply to become a Peace Commissioner; the regulatory function his Department has in respect of Peace Commissioners; and if he will make a statement on the matter. [26058/12]

Peace Commissioners are appointed by the Minister for Justice and Equality under Section 88 of the Courts of Justice Act, 1924.

There are 5,733 appointed Peace Commissioners in this State. The Roll of Peace Commissioners is appointment based and my Department is reliant upon the Peace Commissioners themselves and other interested parties to advise of changes which occur subsequent to appointment. For that reason, the Roll is not automatically updated to take account of changes of address, availability or status as they occur. As such, the figure of 5,733 must be considered within these parameters.

There were 102 Peace Commissioners appointed in 2010, 118 appointed in 2011, and 52 appointed to date in 2012.

An application for appointment may be submitted by a person who is interested in obtaining an appointment or a third party may submit a nomination in respect of a person considered suitable for appointment. Nominations are generally received from public representatives. A local Garda Superintendent can also request an appointment in a particular area in the public interest.

Persons who are members of professions or employed in occupations which engage in legal work or related activities and members of the clergy are, as a matter of practice, not appointed because of their occupation. Civil Servants are usually only appointed where the performance of their official duties requires an appointment (i.e. ex-officio). Persons convicted of serious offences are considered unsuitable for appointment.

The distribution of Peace Commissioner by county is as follows:

County

No. of Peace Commissioners

Carlow

58

Cavan

150

Clare

169

Cork

875

Donegal

270

Dublin

875

Galway

310

Kerry

270

Kildare

138

Kilkenny

146

Laois

115

Leitrim

60

Limerick

381

Longford

71

Louth

106

Mayo

313

Meath

136

Monaghan

81

Offaly

89

Roscommon

134

Sligo

97

Tipperary

271

Waterford

148

Westmeath

102

Wexford

258

Wicklow

110

Prisoner Releases

Joanna Tuffy

Question:

155 Deputy Joanna Tuffy asked the Minister for Justice and Equality if he will provide an update on schemes for early release for prisoners and the criteria for qualifying for early release; his plans to extend the schemes in particular in relation to those not considered a threat to society that could instead do community service in lieu of time in prison; and if he will make a statement on the matter. [26059/12]

The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Each application is considered on its individual merits and evaluated using the following criteria as outlined in the Criminal Justice (Temporary Release of Prisoners) Act 2003:

the nature and gravity of the offence to which the sentence being served by the person relates;

the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;

the period of the sentence served by the person;

the potential threat to the safety and security of the public should the person be released;

the person's previous criminal record;

the risk of the person failing to return to prison at the expiration of the period of temporary release;

the conduct of the person while in custody or while previously on temporary release;

any report or recommendation made by the Governor, the Garda Síochána, a Probation Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;

the risk that the person might commit an offence during any period of temporary release;

the risk of the person failing to comply with any of the conditions of temporary release;

the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.

Decisions are made at a senior level within the Irish Prison Service and by myself in respect of cases referred directly to me. The Community Return Programme is an incentivised scheme introduced in line with the recommendations of the Thornton Hall Project Review Group which provides for earned temporary release under which offenders who pose no threat to the community are offered early temporary release in return for supervised community service. The scheme, which was introduced on a pilot basis last October, is applicable to suitably assessed prisoners who are serving sentences of more than one and less than eight years. Those participating are granted reviewable temporary release having served at, or after, the 50% stage of their sentence with a condition of their release to undertake supervised community service.

As announced with the launch of its new three year strategic plan, the Prison Service, in conjunction with the Probation Service, intends to increase the number of prisoners benefitting from this structured form of release over the course of the next three years. The Prison Service will work towards the placement of 400 prisoners per annum serving sentences of 1 to 8 years. It is envisaged that there would be no more than 150 prisoners participating in this scheme at any one time and all prisoners will be carefully assessed before being approved for the scheme.

I can assure the Deputy that public safety is paramount when considering any application for temporary release. Given the factors that will be taken into account as outlined, prisoners who have been convicted of serious offences involving violence or those convicted of serious sexual offences would not meet the criteria to be granted early release under the terms of the scheme.

Between 3 October 2011 and 31 March 2012, there were 137 participants in the pilot scheme. On 22 May 2012 there were 88 offenders taking part in the Community Return Programme. A total of 174 offenders have participated in the scheme and 63 offenders have completed the programme successfully.

The Community Return Programme is but one element of the recently published Prison Service strategy which provides for a structured form of release leading to improved resettlement and reintegration opportunities for prisoners along with providing for work to the benefit of communities.

Mediation Services

Michael Healy-Rae

Question:

156 Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of persons that have sought mediation services for family matters from April 2011 to April 2012; and if he will make a statement on the matter. [26093/12]

Family mediation services fall under the auspices of the Legal Aid Board which is a statutory, independent body in accordance with the Civil Legal Aid Act, 1995. The issue raised by the Deputy is entirely a matter for the Board and I have no responsibility for the matter. However, in order to be helpful to the Deputy I have had enquiries made with the Board. The information I received is set out below.

I can inform the Deputy that a total of 4010 persons have sought mediation services for family matters from April 2011 to April 2012 through the State-funded Family Mediation Services' 16 offices countrywide. 12 of these offices offer a part-time service and 4 offer a full-time service. A breakdown of these figures is contained in the table below.

In addition to the above figures, 2,024persons availed of services from the Family Mediation Service based in Dolphin House District Court in Dublin. The Dolphin House Project commenced on 20 March 2011 and is a unique tripartite initiative involving the Courts Service, the Legal Aid Board and the Family Mediation Service. The objective of the project is to offer an alternative to a courts’ determined outcome to people lodging an application in the District Court for custody, access and maintenance. An information session on mediation is available immediately within Dolphin House and the full mediation process is also offered to parties willing to engage in it.

The Deputy should note that the Family Mediation Service does not have figures for the number of persons that sought mediation services for family matters through private mediators.

Total

2011

April

299

May

326

June

292

July

249

August

301

September

291

October

307

November

259

December

165

2012

January

404

February

406

March

377

April

334

Total

4,010

Dolphin House from 20/3/11-April 2012

2024

Overall Total

6,034

Residency Permits

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the procedure to be followed to obtain Stamp 4 status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26100/12]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that an application was received from the person mentioned by the Deputy on 10 May 2012. The matter is currently receiving attention and officials from the General Immigration Division in INIS will be in touch with the applicant shortly.

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 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.

Citizenship Applications

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the procedure to be followed in order to upgrade residency status from Stamp 3 to Stamp 4 in the case of a person (details supplied) in County Kildare. [26101/12]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person mentioned by the Deputy should be advised to make an application to the General Immigration Division of INIS. 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 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.

Asylum Applications

Bernard J. Durkan

Question:

159 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and progress made to date in the determination of residency or naturalisation entitlement in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [26102/12]

The person concerned applied for asylum in the State on 5 March 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 30 November 2005, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned.

The person concerned was notified, by letter dated 19 February 2008, of her entitlement to make an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). She was also invited to update her earlier representations to the Minister. Updated representations have been received on behalf of the person concerned. An application for Subsidiary Protection in the State has also been submitted on behalf of the person concerned and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

Queries in relation to the status of individual immigration cases may be made directly to the 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 Questions process. The Deputy may 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.

Citizenship Applications

Bernard J. Durkan

Question:

160 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when an application for naturalisation might be considered eligible in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [26104/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2009.

Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant intends in good faith to continue to reside in the State after naturalisation. As the person referred to by the Deputy did not confirm on her application form that she intended to reside in the State after naturalisation, one of the Statutory conditions for naturalisation, her application was deemed ineligible. The person concerned was informed of this in a letter dated 27 July 2009.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements.

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 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.

Bernard J. Durkan

Question:

161 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current progress and position regarding determination of eligibility for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26105/12]

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Services (INIS) inform me that there is no record of an application for a certificate of naturalisation from the second and third named persons referred to in the Deputy's question. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

I refer the Deputy to my reply to Parliamentary Question No. 1013 of Wednesday, 18 April 2012. The position remains as stated in respect of the first named person.

Reply to Parliamentary Question 1013 of 18 April 2012

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in September, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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

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 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.

Bernard J. Durkan

Question:

162 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of entitlement to naturalisation and update on Stamp 4 in the interim in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [26107/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in April, 2011.

The application is at an advanced stage of processing and will be submitted to me for decision as expeditiously as possible.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Considerable resources are deployed to process applications and these resources together with the necessary administrative arrangements are kept under review.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.

The person concerned arrived in the State accompanied by her father in March 2000. The father was granted permission to remain in the State in 2002 under the arrangements then in place for the non-EEA parents of Irish born children. Minor children under the age of sixteen, who are resident in the State and are in the care of non-EEA parents who have been granted permission to remain, avail of the same permission to remain as their parents. The person concerned was granted permission to remain in the State on 17 May, 2002 initially on Stamp 2 conditions and subsequently on Stamp 4 conditions. I am informed that this permission is currently valid until 17 January, 2013.

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 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.

Deportation Orders

Bernard J. Durkan

Question:

163 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set aside the decision to deport in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26112/12]

The person concerned entered the State on a Student Visa in 2006 and applied to have his status upgraded to a Stamp 1 permission in February 2011. The person concerned was informed by letter dated 26 May 2011 that he was being afforded the opportunity to regularise his status in the State. In this letter he was granted permission to remain in the State for a period of four months to enable an employer to apply for a Work Permit on his behalf. The person concerned submitted a further application to have his permission to remain in the State extended for a further period as he had not obtained a work permit within the four months. In a letter dated 14 November 2011 the person concerned was granted a further four months permission to remain. He was also informed in this letter that in the event that a work permit was not issued no further permission would be granted in his case. The application for the employment permit has been refused and the person concerned has no permission to be in the State.

In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 May 2012, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

Queries in relation to the status of individual immigration cases may be made directly to the 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 Questions process. The Deputy may 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.

Animal Breeding Regulations

Brendan Griffin

Question:

164 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the process for a person wishing to import a breeding dog from the US; the time restrictions and other regulations that apply; and if he will make a statement on the matter. [26060/12]

The importation of dogs into the EU from the USA is governed by a common set of rules laid down in EU Regulation 998/2003 and transposed by S.I. No. 7 of 2012.

All dogs brought into Ireland from the USA must be:

Identified by either micro-chip or a clearly readable tattoo (tattoo applied prior to July 2011),

Subsequently vaccinated against rabies, with the first vaccination following identification having been administered at least 21 days before arrival in Ireland,

Treated for echinococcus (tapeworm) between 120 hours and 24 hours prior to scheduled arrival time in Ireland, and,

If commercial (i.e. ownership is being transferred), clinically examined by an authorised veterinarian within 24 hours of dispatch to establish fitness to travel.

Compliance with these conditions must be certified by an authorised veterinarian on a ‘Veterinary Certificate to the EU'.

Dogs must be carried by an approved transporter or have prior authorisation from my Department to enter Ireland. Full details and downloadable certificates are available on my Department's web-site at www.agriculture.gov.ie/pets. Any queries can be addressed topets@agriculture.gov.ie or 01 607 2827.

Milk Quota

Jim Daly

Question:

165 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the reason that milk quota purchased privately does not get considered for accumulating points when being considered for dairy equipment scheme grants as the quota purchased from the quota trading scheme. [25982/12]

The Dairy Equipment Scheme sets out a number of criteria for the ranking of applications which are received under the Scheme during the course of a particular tranche. Priority is given in the ranking process to successful applicants for milk quota under the New Entrants Scheme and the Milk Quota Trading Scheme, with new entrants being awarded the highest points. This is in accordance with the Rural Development Programme, 2007-2013, as approved by the Commission.

However, private purchasers of milk quota can receive points under several of the other ranking criteria, including participation in the Dairy Efficiency Programme and the proposed cost of the project.

Tree Felling

Simon Harris

Question:

166 Deputy Simon Harris asked the Minister for Agriculture, Food and the Marine the remedies available to householders whose properties are infringed upon by overhanging trees; if the provisions of the Forestry Act 1946 which address this situation are still in force; and if he will make a statement on the matter. [25998/12]

While the owner of the land on which a tree stands may apply for a felling licence under the Forestry Act 1946, no provision exists to allow persons to fell trees on another person's land without the permission of the landowner and without a felling licence, as required under the Act. Section 51 of the Forestry Act 1946 states that a person may "..remove or cause or permit to be removed timber from any tree ...for the purpose of preventing grave damage to crops" subject to such removal not being in contravention of the Act. Independent legal advice should be sought as to the options and/or remedies relevant to the specific circumstances.

Wildlife Protection

Finian McGrath

Question:

167 Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the increase in foxes living in Dublin north central; and if he has concerns regarding same. [26009/12]

The legislative responsibility of my Department covers farmed animals only. However, while foxes do not come under the remit of my Department, I am nevertheless aware of the increased number of foxes living in urban areas in recent times. As the mating season takes place in January/February, foxes are particularly noticeable at this time of year as the young foxes begin to emerge from the den. This would account for increased sightings at this time of year.

Grant Payments

Michael Healy-Rae

Question:

168 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding farm payments in respect of a person (details supplied) in County Kerry; when same will issue; and if he will make a statement on the matter. [26090/12]

The person named joined REPS 4 in June 2008 and received payments for the first three years of their contract.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU regulation which require detailed administrative checks on all applications to be completed before any payments can issue. These checks have now been completed and the 75% REPS 4 payment for 2011 issued on 21 February 2012 for the amount of €6,536.91 and the remaining 25% REPS 4 balancing payment for 2011 issued on 28 February 2012 for the amount of €2,178.96.

Departmental Agencies

Martin Heydon

Question:

169 Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the status of discussions between Coillte and a group (details supplied) in County Kildare for the purchase of land; if he will provide an update on same; and if he will make a statement on the matter. [26099/12]

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as mentioned by the Deputy, are the responsibility of the company.

Jerry Buttimer

Question:

170 Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs the progress on the transfer of the Family Support Agency to the Department of Children and Youth Affairs; the amount of funding provided to the Family Support Agency in each of the past three years; the numbers of staff and their roles within the Family Support Agency; and if she will make a statement on the matter. [25971/12]

The Family Support Agency (FSA) was established by way of primary legislation in 2001. The FSA became an agency of my Department in 2011. In the last three yeas, the approved level of funding for the FSA was as follows:

2011 —€28.455m

2010 —€30.949m

2009 —€35.981m

At present, the Agency consists of a total of 13 staff. This includes 1 Acting CEO, 2 Assistant Principals, 3 Higher Executive Officers, 4 Executive Officers and 3 Clerical Officers.The Family Support Agency operates the Scheme of Grants to voluntary organisations providing marriage and relationship, child and bereavement counselling services and the Family Resource Centre Programme. The functions of the FSA will form part of the new Child and Family Support Agency to which the Government is committed.

Medical Aids and Appliances

Martin Ferris

Question:

171 Deputy Martin Ferris asked the Minister for Health when orthopaedic shoes will be available in respect of a person (details supplied) in County Kerry. [25962/12]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Medicinal Products

Billy Timmins

Question:

172 Deputy Billy Timmins asked the Minister for Health the position regarding the severe shortage of essential medicines to pharmacies (details supplied); and if he will make a statement on the matter. [25968/12]

Shortages of essential medicines are currently a cause of concern not just in Ireland but throughout Europe and the rest of the world. It is a global problem affecting health systems in all countries and impacting on patients world-wide. Medicines shortages can be the result of one, several or any combination of factors throughout the pharmaceutical supply chain such as manufacturing difficulties, industry consolidation, and commercial decisions by manufacturers to withdraw unprofitable lines. In some cases pharmaceutical manufacturing is concentrated to such an extent that a production problem in one pharmaceutical plant can have wide-ranging and international impact on health systems throughout the world.

Irish Medicines Regulations place an obligation on both manufacturers and pharmaceutical wholesalers within the limits of their respective responsibilities, to ensure the adequate availability and supply of medicines on the Irish market in order to meet patient needs.

My Department has been engaging with the Irish Medicines Board (IMB), the Health Service Executive (HSE) and the Pharmaceutical Society of Ireland (PSI) to identify ways in which the Irish system can manage medicines shortages as effectively as possible in order to minimise the impact on patients. International efforts to effectively manage medicines shortages are also being considered.

Pharmaceutical production is carried out by private enterprises, and the State or my Department can only intervene to a limited extent to prevent medicines shortages occurring.

The HSE negotiates with drug companies seeking to have their products placed on the list of reimbursable products under the General Medical Services (GMS) Scheme and the community drugs schemes. The current supply agreements require manufacturers and importers to notify the HSE as soon as they are aware of foreseeable or prolonged stock shortages.

However the IMB and HSE continue to work closely to operationally manage medicines shortages when they arise. In addition, the PSI has recently published guidance to registered pharmacists on managing medicines shortages. Manufacturers, wholesalers and pharmacies all have responsibility to work together to identify shortages quickly and implement alternative arrangements to meet the needs of patients.

Health Services

Timmy Dooley

Question:

173 Deputy Timmy Dooley asked the Minister for Health the position regarding a home care package in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [25988/12]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Mental Health Services

Jim Daly

Question:

174 Deputy Jim Daly asked the Minister for Health if his attention has been drawn to the implementation plan, which will identify specific recommendations of A Vision for Change that can be progressed over the next three years, with timelines, detailed costs, structures and identifiable person or persons responsible for driving the change including delivery on the commitments in the programme for Government; and if he will make a statement on the matter. [25999/12]

Since taking office, this Government has prioritised the reform of our mental health services in line with A Vision for Change and is committed in particular to the delivery of more and better quality care in the community.

A special allocation of €35m for mental health was announced in Budget 2012 in line with the Programme for Government commitments. Funding from this special allocation will be used primarily to further strengthen Community Mental Health Teams in both Adult and Children's mental health services which will ensure, at a minimum, that at least one of each mental health professional discipline is represented on every team. It is intended that the additional resources will be rolled out in conjunction with a scheme of appropriate clinical care programmes. Some of the funding will also be used to advance activities in the area of suicide prevention and to initiate the provision of psychological and counselling services in primary care, specifically for people with mental health problems. The HSE's National Service Plan for 2012 sets out the actions to be taken in 2012 to progress the implementation of A Vision for Change. The Service Plan commits to the recruitment of over 400 additional staff to implement the €35m package of measures. It also includes a commitment to reduce acute in-patient capacity by a minimum of 153 beds nationally in 2012 in the context of the reconfiguration of services and the redeployment of existing staff resources away from over-provision of acute in-patient beds towards community based services.

To implement the National Service Plan the HSE has published detailed Regional Plans which take account of the additional funding being invested this year in mental health. The National and Regional Service Plans will be the subject of continuous review.

Health Service Staff

Brendan Griffin

Question:

175 Deputy Brendan Griffin asked the Minister for Health if the Health Service Executive is rehiring nurses on a temporary basis that took early retirement; and if he will make a statement on the matter. [26002/12]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Joan Collins

Question:

176 Deputy Joan Collins asked the Minister for Health his plans for the health officers at a location (details supplied); when they will be moved and the location to which they will be moved. [26019/12]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for Health if extra provision will be given within the context of the home care package in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26025/12]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospitals Building Programme

Billy Kelleher

Question:

178 Deputy Billy Kelleher asked the Minister for Health the discussions or contacts he or any member of his staff have had in relation to locating the new national paediatric hospital at lands at Belcamp, County Dublin; and if he will make a statement on the matter. [26048/12]

As you will be aware, I have established an independent Review Group to consider the implications of the decision of An Bórd Pleanála, received on 23 February 2012, to reject the planning application for the proposed construction of a national paediatric hospital on the site of the Mater Misericordiae Hospital. The aim of the Review is to consider all the possible options for the earliest possible delivery of a new children's hospital and the Group will present its findings on each of the possible options for my consideration. I will await the completion of the Group's work before making any further comment on the matter.

National Treatment Purchase Fund

Tom Fleming

Question:

179 Deputy Tom Fleming asked the Minister for Health if he will request the National Treatment Purchase Fund to urgently undertake the forensic financial review of the cost of care for the section 39 funded residential units at Valentia Hospital, County Kerry, to enable him to put funding arrangements in place for this hospital; and if he will make a statement on the matter. [26049/12]

The National Treatment Purchase Fund (NTPF) has recently tendered for a forensic accounting service. This service is being commissioned to support the NTPF in its role of negotiating prices with private and voluntary nursing homes under Section 40 of the Nursing Homes Support Scheme Act 2009.

The tender competition is still underway. The deadline for submission of tenders was the 18th May. Tenders are currently being assessed. Once the tender is completed, tasks will be assigned to the successful supplier(s). These assignments will include an assignment to provide factual input to an NTPF review of nursing homes like Valentia Hospital which, prior to the commencement of the Nursing Homes Support Scheme, were funded entirely or substantially by the HSE. The NTPF anticipates, at this stage, to have substantive information for initial review by end August.

The Nursing Homes Support Scheme is designed to ensure that money follows the patients, regardless of whether they choose public, private or voluntary nursing homes, and to ensure nursing homes are not being funded for empty beds.

Ambulance Service

Jack Wall

Question:

180 Deputy Jack Wall asked the Minister for Health his views on correspondence (details supplied) regarding the ambulance service; the action that will be taken regarding same; the position of equipment testing on such vehicles; when the equipment was last tested; and if he will make a statement on the matter. [26063/12]

I am aware of this issue, and it has been raised separately with my Department. However, as this is a service matter, it has been referred to the Health Service Executive for direct reply.

Services for People with Disabilities

Jack Wall

Question:

181 Deputy Jack Wall asked the Minister for Health the position regarding an application for a motorised wheelchair in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [26070/12]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Food Safety

Kevin Humphreys

Question:

182 Deputy Kevin Humphreys asked the Minister for Health the position regarding the introduction of a ban on the sale of raw milk; and if he will make a statement on the matter. [26072/12]

The proposed renewal of the ban on the sale of raw milk for direct human consumption has been the subject of detailed consideration in both my Department and the Department of Agriculture, Food and the Marine, including contacts at Ministerial and official level. Careful consideration has to be given to the legal options available to move the issue forward and the deliberative process in that regard is ongoing.

General Medical Services Scheme

Sandra McLellan

Question:

183 Deputy Sandra McLellan asked the Minister for Health the reason ketamine is not available to medical card patients in Cobh, County Cork, when it is available to persons in other areas of the country; and if he will make a statement on the matter. [26076/12]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Hospital Waiting Lists

Michael Healy-Rae

Question:

184 Deputy Michael Healy-Rae asked the Minister for Health the reason for the delay in a cataract operation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [26078/12]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by improving the flow of patients through the system, and by streamlining waiting lists, including the management of referrals from GPs by hospitals. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals were instructed to ensure that, by the end of 2011, they had no patients waiting more than 12 months for treatment. I can confirm that the vast majority of hospitals achieved this objective. During 2012 the SDU will support hospitals in the delivery of a 9 month maximum wait time for inpatient or daycase surgery.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and hospital involved.

General Medical Services Scheme

Sandra McLellan

Question:

185 Deputy Sandra McLellan asked the Minister for Health if he will expedite and approve a hardship scheme claim in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [26080/12]

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy as a matter of urgency.

Hospitals Building Programme

Robert Troy

Question:

186 Deputy Robert Troy asked the Minister for Health if he has approved funding as requested by the hospital management to open a 12 bed inpatient acute admission unit and discharge lounge at a hospital (details supplied) in County Westmeath. [26083/12]

The nominated SDU liaison officer is currently working with the hospital concerned, in relation to formulating a proposal for submission. On receipt of the proposal, it will be given due consideration.

Departmental Staff

Michael Healy-Rae

Question:

187 Deputy Michael Healy-Rae asked the Minister for Health his plans to appoint a chief dental officer in the near future; and if he will make a statement on the matter. [26087/12]

The current moratorium on the filling of posts has meant that my Department has not been in a position to fill the post of Chief Dental Officer. Future decisions on this post will be taken against the backdrop of my Department's need to balance the delivery of business priorities with falling levels of overall resources.

Health Services

Michael Healy-Rae

Question:

188 Deputy Michael Healy-Rae asked the Minister for Health the number of dental clinics that have closed over the past three years, from April 2009 to April 2012; and if he will make a statement on the matter. [26088/12]

Michael Healy-Rae

Question:

189 Deputy Michael Healy-Rae asked the Minister for Health his views on the fact that the closure of rural dental clinics is going to leave young school going children in a situation in which their dental health will be neglected to such an extent that by their late 20s or early 30s they will be suffering from many teeth and gum problems which would be totally preventable with early intervention and care at a young age; and if he will make a statement on the matter. [26089/12]

I propose to take Questions Nos. 188 and 189 together.

The public health system currently provides a dental service to schoolchildren aged up to 16 years. The service is targeted at children in key classes at key stages in their development. Children are given dental examinations and any follow up treatment required at these stages. When required, emergency dental treatment is available to all children up to 16 years. In delivering the school dental programme it may be necessary to consolidate the services in locations where the highest standards may best be maintained. This allows the HSE Public Dental Service to target and treat the maximum number of children and to maintain essential services to patients with special needs.

Information regarding the closure of dental clinics is being collated by the HSE and will be forwarded to the Deputy as soon as it is available.

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