Vol. 617 No. 5
33 Ms Enright asked the Minister for Education and Science if she is satisfied with the response of her Department in respect of former victims of child abuse who have taken their cases for adjudication before the courts; and if she will make a statement on the matter. [13752/06]
Litigation against my Department relating to child abuse arises in two contexts. The first relates to former residents of institutions who suffered abuse while in those institutions. Former residents have been entitled to make an application to the Residential Institutions Redress Board for an award in recognition of the abuse they suffered. A person can decide not to apply to the redress board or to reject an award made by the board and to pursue a claim before the courts.
The second area of litigation relates to day school cases where the Department may be named along with the patrons or boards of management of schools. In this context it should be noted that the education system has long been structured on the basis that schools are run by local management in whom legal responsibility is vested and that with the exception of pay issues, the Department does not employ teachers.
Since 1 September 2005, all personal injury claims against the Minister for Education and Science, including those in respect of child abuse, have been delegated by the Government to the State Claims Agency, SCA. A consequence of this is that the SCA has responsibility for deciding whether cases should be contested or settled. In accordance with a service protocol agreed between the Department and the SCA, the agency informs my Department of relevant information and seeks its views. It is, however, the SCA rather than the Minister or Department which determines how these cases are conducted. In making those decisions, the SCA decides whether to dispute liability or the amount of damages, or both, on a case by case basis. My views, which are conveyed to the SCA, also have regard to the individual circumstances of thecase.
With regard to the most recent case, that of Louise O'Keeffe, has the Minister expressed a view to the State Claims Agency at this point and, if so, what was that view? How many cases are before the Department at present from the State Claims Agency on which the Minister's views are being sought? Does she have figures on the number of cases the Department of Education and Science is defending in respect of child abuse?
In the beginning of March the case of Connellan v St. Joseph’s in Kilkenny was heard. The Department of Education and Science and other Departments were co-defendants. What is the Minister’s policy on bringing a case to conclusion, trying to settle it early and admitting liability where liability is clear? The Department appears at present to have a policy of defending cases to the very end. I am not advocating that the Minister should give in on every case because obviously she has a duty to protect the taxpayer. However, there are cases where abuse certainly occurred, although the liability can be an issue in some of them. Like the Louise O’Keeffe case, the victims of Donal Dunne have not had the opportunity to go before the redress board. Can the Minister envisage a way of facilitating these people?
The Louise O'Keeffe case is the subject of the next question. It is a particularly sad case in view of the suffering Louise experienced as a young child in her school. The legal advisers of the Department of Education and Science will meet the State Claims Agency this week about that case. The agency will subsequently meet Louise O'Keeffe's solicitors. I have indicated to the agency that this case should be treated sympathetically. The agency had already indicated that it would deal with the case in a sensitive and measured way and the Taoiseach has indicated in the House that he would like it to be dealt with sympathetically.
The claimant lost the case in court and it is general policy that the costs are paid accordingly. It was pursued in this case so the courts could make a determination on it. Each case is dealt with separately and is determined on a case by case basis. The Department's legal advisers will meet the State Claims Agency which will then make its determination on how to proceed. However, I will ask the agency, before it proceeds to determine, to come back to the Department to seek our views on its suggested course of action on this case.
Different cases are being dealt with in different ways. The State Claims Agency has responsibility for determining whether cases should be contested or settled, having regard to the circumstances of each case. It deals with each case individually. What was interesting in the O'Keeffe case was that the High Court ruled that the school manager is responsible for the direct governance of the school. There was precedent for this in previous cases as well. A number of cases are ongoing in the courts at present but the number has been substantially reduced in recent years, largely because we have begun to make much greater provision in the special needs area. However, there are a number of cases before the courts.
The cases are treated separately. The Deputy referred to another case where the State did not contest liability but introduced rebuttal evidence when fresh allegations were made before the court. The State Claims Agency is considering an appeal in that case but has not yet determined what it will do. With regard to day school cases, how they are treated depends on whether the State has liability. The State was found liable for abuse in day schools in a particular case where seven cases of sex abuse occurred in a national school in the midlands in the early 1970s. That was because it was discovered late last year by the Department that officials had been aware of concerns at the time and that the person in question had been moved from one school to another. A settlement was reached apportioning particular amounts to the other bodies that were responsible.
The courts have found that the board of management is the employer. We have not changed anything, since many of these incidents of abuse have occurred, in terms of the management of schools. Does the Minister intend to make any changes to ensure that this type of abuse cannot happen in future?
Obviously we intend to ensure that every child is protected and that there are proper child protection policies in schools. The vetting procedures, which we will discuss later, are in place in the schools. People should have due regard for the people who have unsupervised access to children, be they volunteers or employees, in the school setting. I do not intend to change the management structure of the schools but it is always important to ensure that boards of management are properly trained, aware of their legal obligations and keep child protection to the fore in all the policies they implement.
34 Ms O’Sullivan asked the Minister for Education and Science the State’s intentions on seeking legal costs from a person (details supplied); and if she will make a statement on the matter. [13577/06]
I sympathise greatly with Ms O'Keeffe for the suffering that she was put through by her primary school teacher in the 1970s. I have heard her speak in recent weeks and it is clear that she is still in a great deal of pain. There is no doubt that a great wrong that was done to her when she was just a little girl and that this naturally still hurts her deeply. However, while I have great sympathy on a personal level for the awful things that happened to her, the court has found that the State was not responsible for this.
The education system has long been structured on the basis that our schools are run by local management — in the form of the school manager as it was in the 1970s or, nowadays, the board of management — in whom legal responsibility is vested. The judge, therefore, found that the Department of Education and Science had no legal responsibility in this case. Indeed, the judge, in finding against Ms O'Keeffe, commented that had the proceedings been brought against the diocese, the action may well have had a more favourable outcome. This is very much in line with previous case law which supports the view that with the exception of pay issues, the Minister does not employ teachers. While I genuinely sympathise with Ms O'Keeffe for the suffering she endured, the court has found that the State was not liable for this.
The State has a responsibility to the taxpayer to fight cases where it knows it has a strong defence. In that context, it is also natural to seek an order for costs when it successfully defends a case. However, when it comes to pursuing costs, in cases such as this the State is anxious to balance the need to be responsible to the taxpayer with a strong desire to treat people like Ms O'Keeffe in a humane and sensitive manner. In this regard, Deputies will be aware that the State Claims Agency has stressed that it deals with each case individually and that its approach in this case will be measured and sensitive.
While the agency has responsibility for deciding on the issue of costs in this case, it will consult my Department before making a decision. I have asked my Department to convey my view to the agency that the issue of costs should be dealt with sympathetically. Before a final decision on this matter can be taken by the State Claims Agency, it will have to engage with the solicitors for the plaintiff so that it can take full account of her circumstances. I understand arrangements for that process are being put into place.
I have been told that the State Claims Agency will meet the legal representatives of Louise O'Keeffe on Friday. Can the Minister be more precise on the instructions or guidance she has given the agency with regard to treating her sympathetically? She is still extremely worried about what that meeting means and whether there is a danger she may lose her house and security for her children. Will the Minister be more specific on what "treating her sympathetically" means?
Can the Minister also tell us how soon Louise O'Keeffe will know the outcome of this process? Her concern is that Friday's meeting may be only the first of a number of meetings. She is anxious to know what will happen as soon as possible. She is distressed about the matter and wants closure on it.
I understand that Ms O'Keeffe is distressed about it. Tomorrow, the State Claims Agency will meet the representatives from my Department and on Friday will meet Ms O'Keeffe's legal advisers and should be able to put forward a proposal then. I will suggest that the agency revert to my Department before implementing a decision in order to get our view on what the decision should be. I will ask my legal advisers to deal with the matter speedily and sympathetically. These are issues that happened long ago and while the State is not liable for what happened to Ms O'Keeffe, I do not want her to be under any further distress.
The State Claims Agency has a duty in terms of the public purse, as does the Minister. The Minister also has a broader duty than the State Claims Agency in terms of dealing with the humanity of the issue, with the human person in this predicament. Does the Minister accept that she has a broader role than the State Claims Agency? I urge her to ensure that it is made clear to the agency that Louise O'Keeffe needs assurance that she will not have costs charged against her or taken from her.
I reiterate that the Taoiseach made it clear in the House, the State Claims Agency made it clear and I am making it clear that we want the case dealt with sympathetically. At this stage, the best thing possible for Ms O'Keeffe is that it not be dragged out further. I welcome the fact that both meetings will take place this week. I would like to see a quick conclusion to the matter and I will put that view across to those involved.
35 Mr. Crowe asked the Minister for Education and Science if she is satisfied that the fundamental elements of the White Paper on adult education, Learning for Life, published in 2000, have been realised. [13779/06]
The White Paper on adult education, Learning for Life, published in July 2000, addressed second chance and further education, community education, workplace education, higher education, support services, co-operation with the North and structures.
Provision in second chance and further education continues to expand in size and flexibility and one of its key priorities is adult literacy. Expenditure on adult literacy increased from €1 million in 1997, to €10.6 million in 2000 and in 2006 to more than €23 million. Literacy students have increased from 17,000 in 2000, to approximately 34,000 in 2006. The National Development Plan 2000-2006 anticipated that 110,000 people would participate in the adult literacy programme. This target has been exceeded.
The back to education initiative introduced in 2002 provides learners with a part-time option aimed at providing flexible learning opportunities for adults and has 7,000 part-time places. Annual expenditure on this is of the order of €16 million.
Such full time programmes as Youthreach, the vocational training opportunities scheme, post-leaving certificate courses and senior Traveller training catered for the needs of approximately 40,000 learners in 2005.
Expenditure on community education has increased from €1.3 million in 2000 to €9 million in 2006. In addition, 10% of the back to education initiative budget is allocated to the community education strand and 36 community education facilitators employed by VECs support a wide range of community groups.
In higher education the non-adjacent or higher rate of maintenance grant is payable in the case of all mature students who qualify either as a dependant or as an independent mature student.
The provision of guidance services has increased from €700,000 in 2000 to €5 million in 2006. The 35 adult education guidance initiatives provide information, advice and guidance to learners or potential learners who wish to become involved in adult literacy, VTOS and community education.
In 2003, the National Qualifications Authority of Ireland launched the national framework of qualifications with its ten-level grid of level indicators. This framework enables learners to access, transfer and progress along the full education spectrum.
Additional information not given on the floor of the House.
The Further Education and Training Awards Council, FETAC, and Higher Education and Training Awards Council, HETAC, make awards to learners on a large range of programmes offered by many different providers. To ensure confidence in the awards a quality assurance system has been established.
There is continuing co-operation between officials North and South on aspects of common interest, for example adult literacy.
The White Paper provided for the establishment of a national adult learning council which was established as an ad hoc council in 2002. However, concerns emerged that the functions envisaged for the council were too wide-ranging and were not sufficiently focused. A review of the council has been undertaken and its findings are under consideration within the Department.
Much progress has been made in addressing the programme set out in the White Paper and the Government is committed to building further on this progress.
I thank the Minister for her lengthy reply. I accept there has been more investment in this area, but we are coming from a low base. Six years after the publication of the White Paper, we still await progress on some fundamental issues. The national adult learning council, NALC, was set up following a recommendation of the White Paper but for some reason was set aside. Does the Minister accept there is need for clear leadership in this sector? Does she propose to recall NALC? Many of its board members were not even interviewed prior to its disbandment.
With regard to the literacy programme, yesterday the deaf community launched a week of events on the Irish sign language. Literacy arose as an issue at the launch of one of yesterday's events, Signing on and Signing out, the report of which pointed out that in terms of the deaf community as a whole the majority of deaf adults have only the same literacy skills as an eight year old. Unfortunately, this is the base we come from. It was also pointed out that people do not make progress in terms of the leaving and junior certificate. These are difficulties for this sector of the community.
The OECD report indicated that 500,000 Irish adults score on the lowest literacy level. Does the Minister accept that we need a new literacy survey to get an accurate picture of the number of adults with literacy problems and of how effectively they are being dealt with?
I agree with the Deputy. The OECD survey carried out in 1997 was frightening in that it showed that 500,000 people here have only a basic level of literacy or less. That is the reason literacy was made a top priority not alone in the White Paper but also in Government and why we have seen the significant increase in moneys to deal with literacy levels, from €1 million in 1997 to €23 million this year.
The Deputy is right in saying that some marginalised groups need extra attention. I am well aware that groups such as non-nationals need particular assistance in this area because English is not their mother tongue. Specific emphasis has also been given to the question of literacy for the deaf community. I am well aware of the need to progress that agenda further.
It is also important to realise that there has been a tremendous uptake of the literacy programmes. People often feel inadequate because of their lack of literacy skills and we must give them the confidence to come forward and access the programmes that are available. The television and radio programmes have been the most effective in helping people with literacy problems. That is why we have had four RTE "Read Write Now" series, which have been particularly successful. The National Adult Literacy Agency, the Irish Vocational Education Association, the Broadcasting Commission of Ireland and RTE are working together to develop a multimedia approach to the literacy campaign, which will help everyone. Details on that will be announced shortly.
It is important to examine the question of workplace literacy. At the moment, more women than men take up literacy programmes. Perhaps one way of getting in touch with men who need assistance with regard to literacy is through the workplace. In that context, I am glad to say there is tremendous co-operation between the Department of Enterprise, Trade and Employment and my Department. I arranged for the National Adult Literacy Agency to meet officials from the Department of Enterprise Trade and Employment and on foot of that, we secured an extra €3 million of that Department's budget to deal with literacy in the workplace. A great deal has yet to be done but the work has begun. There is a literacy programme available to county council workers who work outdoors and some hospitals and trade unions have also begun literacy programmes.
There is still a great deal to do, however. The White Paper recognises that this is a problem as does the Government. That is why we have poured money into this approach to ensure that programmes are available and support is given to staff and tutors.
36 Ms Enright asked the Minister for Education and Science the manner in which endemic educational disadvantage is being challenged by her Department; and if she will make a statement on the matter. [13753/06]
A key focus of the Government's education policy is to prioritise investment in favour of those most at risk and to optimise access, participation and outcomes at every level of the system for disadvantaged groups.
Almost €650 million is being provided in 2006 for a wide variety of measures to tackle educational disadvantage at all levels and for all ages, from pre-school through the formal school system, in the youth work sector and in second-chance education. Our interventions are guided by four key principles, those of early intervention, effective targeting, partnership and second-chance opportunities.
The new action plan for educational inclusion, the DEIS programme, which was launched last May, includes a commitment to pre-school education for children who will be attending the most disadvantaged primary schools. The programme also has a major focus on tackling literacy and numeracy problems as early as possible before they become ingrained. It is vital to intervene at an early point to stop children falling behind, and we are doing this.
Over the past 15 years, a number of different schemes to tackle educational disadvantage have been put in place by different Ministers. Approximately eight separate initiatives were introduced for primary schools, addressing a number of different aspects of educational disadvantage. These included schemes providing additional teaching posts and reduced class sizes, a scheme for improving home-school links, a scheme for encouraging better school completion rates and a pilot reading recovery programme. Some schools were participating in just one or two schemes, while others were participating in more.
I am determined to ensure that the most disadvantaged schools in the country benefit from every support available. Therefore, the schools that have been identified, through a process managed by the Educational Research Centre, for inclusion in the DEIS programme will get a comprehensive package of supports in line with their level of disadvantage.
Other schools that are benefiting from previous schemes will hold the extra supports that they are receiving for the 2006-07 school year and will be kept under review thereafter to ensure efficiency. The key is to ensure that schools get a level of support that is in line with the proportion of their student body from disadvantaged backgrounds and that extra investment is targeted at those who need it most. It is also vital to ensure that increased resources lead to better outcomes for children. To that end, the DEIS initiative includes a strong focus on planning and monitoring the success of the various supports.
Of course, the family has an enormous influence on whether any initiative is successful in enabling young people to make the most of the opportunities available to them. Schools have far more success with all children, but particularly with those from disadvantaged areas, when parents are supportive of, and involved in, their child's education. In this context, programmes such as the home-school-community liaison scheme and family literacy projects are of immense value and that is why these will be a major part of the DEIS programme.
Additional information not given on the floor of the House.
Partnership between my Department and other Departments and agencies is extremely important and will also be a key feature of DEIS.
No matter how successful initiatives aimed at improving the outcomes for children from disadvantaged areas in our formal school system are, there will always be a need to provide second-chance opportunities. These are needed for those who did not get the benefit of a full education in the past and could benefit from adult literacy, workplace training and other education programmes for adults and for young people who might opt out of education altogether if it were not for initiatives such as Youthreach or FÁS apprenticeships. Hence, the Government focus on these sectors in recent years.
The Government has a multi-faceted strategy in place to tackle socio-economic disadvantage at every level of our education system. As well as education initiatives to tackle socio-economic disadvantage, special programmes are also in place to enable groups such as Travellers, people with special educational needs and those whose first language is not English to derive maximum benefit from our education system.
I agree with the Minister that excellent work is being done through the home-school-community liaison scheme. The Minister referred to increased resources and judging outcomes, as well as the eight separate initiatives currently in place. In the review carried out by the Department of Education and Science, what evaluations were made of each of those initiatives? It is easy to see the outcome derived from providing an extra teacher but the evaluation of some of the other schemes might not be so easy. Obviously, we want to ensure we are putting the best possible initiatives in place in schools.
Under the new action plan, will further early start programmes be set up in the pre-school sector and will any of them be attached to the primary schools now included in the plan, particularly in the most disadvantaged areas? The Minister mentioned the youth work sector. Has she or the Minister of State, Deputy de Valera, considered putting Youthreach on a permanent footing? It is still a pilot programme, which is causing difficulties in terms of attracting new teachers and retaining current ones.
The various measures introduced over the years have been evaluated separately. We all know of the success of the home-school-community liaison scheme. The reading recovery programme, which is operating in only a limited number of schools at the moment, is working really well. That is why we aim to extend that under the new action plan. Indeed, the same is true of the mathematics programme. The school libraries that were introduced under previous initiatives and which will be extended under the DEIS programme, have been enormously successful. I visited the library in Larkin College, for example, which has opened up new opportunities for the students because of the interaction between them and the librarian.
The elements we have included as key to the current DEIS programme are there because we know they work. That also includes the family literacy schemes. Class size is obviously an issue which we are targeting. However, previous literacy reports have indicated that in areas where class sizes were reduced, literacy had not improved for children because of other family issues. That is why our report stresses that we are supporting the wider context, as well as what is happening within the classroom.
At the moment we are spending approximately €11 million on pre-school programmes, including the early start programme. Such pre-school programmes are aimed at areas of social disadvantage, some are available to Travellers, while others are provided for children with special needs. We recognise that early intervention is crucial in tackling educational disadvantage. I envisage extending the early start programme and will target the top 150. However, I do not want to duplicate the services of an already existing, top class child care service but to ensure there is an educational input to such a service. In that way, we are not just duplicating the care but providing education. My colleague, the Minister of State with responsibility for children, Deputy Brian Lenihan, will examine this issue but I envisage more early start programmes.
Approximately 3,000 people are attending Youthreach, which works well. I accept what the Deputy has said with regard to it being a pilot project. That also came up in the context of School Matters, the report on behaviour in schools. It is fulfilling a very useful role, as are a number of other bodies, both voluntary and State sponsored, which are on an ad hoc basis or are being supported and funded on a year-to-year basis. To ensure we have proper out-of-school provision, it is my intention to immediately conduct an audit of all available services to ascertain how they can be properly supported within an appropriate structure.
The Minister referred to the early start initiative and to the Minister of State, Deputy Brian Lenihan. What communication is taking place between the Minister for Education and Science — perhaps the Minister of State is the appropriate person — and the Minister for Justice, Equality and Law Reform with regard to the new child care facilities being built around the country? The emphasis seems to be on child care. Is there an input from the Department of Education and Science into the pre-school element of those facilities?
The Deputy answered the question. It is the Minister of State at the Department of Education and Science with special responsibility for children, Deputy Brian Lenihan, who will be co-ordinating with us on child care and education provision. He is ideally suited to it as he is also attached to the Departments of Justice, Equality and Law Reform and Health and Children. With his own support structure in the newly enhanced Office of the Minister for Children, he will be the best person to co-ordinate that. It will be a direct role with the Department of Education and Science.
37 Ms O’Sullivan asked the Minister for Education and Science when her Department will make a decision on the application of County Clare Vocational Educational Committee to become the patron of two primary schools in the county; her views on this new departure; and if she will make a statement on the matter. [13578/06]
There is an established procedure under which any potential sponsors of a new school or a group seeking recognition under the Education Act for a school that is already operating can apply for recognition of the school concerned. If a school is granted recognition the person or body that requested recognition becomes the patron of the school as defined in the Education Act 1998. This means the recognition of the patron is an element of the recognition of the particular school and is not a stand-alone process.
Applications for recognition of two primary schools were received in January 2006 from County Clare Vocational Education Committee. In response the VEC was advised the applications did not comply with the established and published application procedure because it had not made an initial notification of intention to apply for recognition by 20 September 2005, the first key step under the procedures. My role in the procedure is to consider the report made to me by the new school advisory committee at the end of the process on all valid applications considered by it. It is, therefore, appropriate that I do not comment on any potential applications.
VECs have traditionally acted as patron in respect of post-primary school provision either on a stand-alone basis or as a partner in the State-initiated community and comprehensive sector. Any involvement in the primary sector would be a new departure.
I have not ruled out that there may be circumstances where the VEC system will have a role to play in primary education provision. I am conscious of the challenges that lie ahead in primary school provision, given the changing demographics and increasing cultural diversity in society.
Will the Minister clarify that there is no problem in principle with a VEC becoming patron of a primary school? The two schools in County Clare in question wanted the patronage represented by the ethos of the VECs. I am sure the Minister of State, Deputy de Valera, is interested in this matter. Is the Minister open to new types of patronage for primary schools?
Deputy Burton's Dublin West constituency has a problem where more than 200 children will not have school places at junior infant level in September. Nobody appears to want to establish a school for these children. Does the Minister believe she has a role under the constitutional right to education and section 7 of the Education Act 1998 to ensure school places for those 200 children in question and others in similar situations?
I am conscious of the increase in the population size and its cultural diversity. We need to have an approach that is adaptable to ensure primary school provision. Although the figure of 200 in the west Dublin area is overstated, I accept there is an issue in the area. The Minister of State, Deputy Brian Lenihan, is working on a resolution.
Whereas, we have a situation of having historical education providers, in recent years new providers have come forward such as Educate Together, Gaelscoileanna and the two Muslim schools. I will always aim to ensure school provision, the accommodation of difference and diversity and tolerance across the system. I am open to new methods of achieving this, not only in providing numbers but also patronage with proper structures and boards of management to ensure quality.
Does the Minister have a problem with the principle of VECs becoming patrons of primary schools?
Under the Education Act 1998, VECs are not precluded from doing so. Legally there is no difficulty and there is no problem with the principle.
Will the Minister give an assurance that there will be school places for the 200 children in the west Dublin area in September?
We are actively seeking a resolution to this problem. It is not a case of bad planning. Many apartments were built in the area in which, unusually, families of school-going children live. Normally, one would have anticipated that younger couples or individuals would live in them. For various reasons, such as immigration, these apartments were populated by whole families with children who need school places.
