I welcome the Minister of State, Deputy Damien English.
Commencement Matters
Pupil-Teacher Ratio
I welcome the Minister of State. As I understand the current situation, once the pupil-teacher ratio is at or above 56, the school is entitled to retain or get a third teacher, but I am open to correction on that point. I further understand there are about 20 schools which will lose a third teacher in the coming months. If the ratio was dropped to 53, that would not arise.
I have a personal interest in this matter as I started off in the same class in primary school as the current president of the Irish National Teachers Organisation, INTO. She raised the matter when I met with her recently and I agreed to raise it in the House. It needs to be reviewed. It is not easy to manage 55 or 56 pupils in a two-teacher school. There might also, for example, be one school with 54 pupils and two teachers and another up the road with 57 pupils and three teachers. That is causing problems in rural areas. I ask the Department of Education and Skills to give consideration to the matter.
I thank the Senator for giving me the opportunity to outline to the House the position on the staffing of small schools. I am pleased to inform him that the Minister has introduced a retention rate of 53 pupils for a three-teacher school for the coming school year.
The criteria used for the allocation of teaching posts are published annually on the 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 for the 2015-16 school year are set out in Circular 0005/2015 which is available on the Department website. These arrangements include details of the implementation of two new policies which the Minister announced in February 2015, namely, improved retention thresholds for the second, third and fourth classroom teacher and the improved appointment and retention thresholds for isolated one-teacher schools. Under these arrangements, the retention figure for a two classroom teacher school has been reduced from 20 pupils to 19. For a three classroom teacher school, the retention figure has been reduced from 56 pupils to 53 and in four classroom teacher schools, an enrolment of 83 pupils, rather than the previous 86, is required to retain the fourth classroom teacher.
The introduction of these changes means that schools with three teachers that had an enrolment of 53 pupils on 30 September 2014 will retain their third teacher for the 2015-16 school year. Previously, such schools would have lost a teacher as the retention figure for the third teacher was 56 pupils.
In addition to the reduced retention figures, a threshold of 15 pupils applies for the appointment and retention of the second classroom teacher for schools situated 8 km or more from the nearest school of the same type of patronage and-or language of instruction.
The two new policies will provide some improvement to the staffing levels of some of the smallest schools. These improvements particularly recognise the challenges faced by very small schools that are more than 8 km from the next nearest school of the same type.
This package of measures will provide rural communities with security about the future of their small schools, recognising the essential social function which small schools can play, especially in isolated communities.
The staffing arrangements also include an appeals mechanism for schools to submit an appeal under certain criteria to an independent appeals board. A school with four classroom teachers or less which is losing a teacher or failed to gain an additional teacher can submit an appeal to the primary staffing appeals board. Where such schools can provide evidence that the enrolment will increase sufficiently in the coming September so as to allow the post to be retained for the following school year, a classroom post may be allocated on appeal. The primary staffing appeals board operates independently of the Minister and the Department and its decision is final.
I again thank the Senator for giving me the opportunity to outline to the House these improvements in the staffing schedule for small schools which the Minister has introduced for the coming school year.
I thank the Minister of State for attending and his reply which is exactly what I was looking for. I also thank him for the information and the comprehensive review of this matter which will be welcomed by a number of small schools. I ask him to convey my thanks to the Minister.
Special Educational Needs Service Provision
I welcome the Minister of State. This matter relates to the provision of a special needs assistant for a particular child who shall re-enter mainstream school in September. His parents are about to appeal the decision on the grounds that they do not believe the criteria of the Department of Education and Skills was met. The reality is that he requires, particularly in his formative years, a lot of help and attention which can only be provided by a special needs assistant in the classroom. He has been granted four and half hours of resource help, but it is insufficient for his needs. If he does not get the support, he will fail to reach his potential and he may end up becoming dependent on State supports rather than the independent young man who his parents believe he can become once he receives support at this critical time. He currently behind his peer group in terms of his educational competence and that is further supplemented by his particular self-care needs. He is a nine year old boy, but as he has grown, he has become more aware of the level at which his classmates are compared with himself and he has become frustrated as a result. In the absence of SNA support in the classroom, he is likely to fall further behind as he becomes more frustrated, a view supported by a professional opinion.
The discharge report dated March this year from the speech and language therapy class he attended for two years highlights that he continues to have severe difficulties with receptive and expressive language skills. In the notes, it is stated he will continue to need support in the school given his dual diagnosis of developmental co-ordination disorder and specific language impairment, as well as his difficulties with working memory and processing speed, as assessed by a psychologist. The report also states that not only will he find it hard to access the curriculum because of this, but that it will support any application made for additional help.
Recently, the boy has been referred to the primary care clinical psychology services under the Disability Act 2005 and the child development team for an autism spectrum disorder assessment. He is waiting for the team to carry out a multidisciplinary assessment which has led to a delay in getting an updated professional report to identify his needs. I mention the delay in carrying out an assessment because the NCSE mentioned that it wanted a more recent report than the 2013 report that it has on file.
The 2013 report stated that he should have access to a special needs assistant. Despite interventions by various teams on a one-to-one basis, he is still in serious need of a classroom assistant. Classroom assistance is not just relevant to his receptive and expressive language skills but to his self-care needs. I will not go into the detail, but they are very important. The information that the NCSE has, coupled with the result of an assessment that I hope will soon take place, underlines and illustrates the breadth and gravity of the additional supports that he needs. It especially highlights the full-time classroom support that he needs. His needs would be above those of other children of the same age who do not share his diagnosis.
Under the current rules to qualify for a special needs assistant, a child generally must be on the more extreme side in terms of needs and-or require assistance with feeding, going to the toilet or lifting. This particular child meets a lot of those criteria and the 2013 report stated he would need a special needs assistant. He was two years away from the mainstream education to which he will return in September. That addressed some of his needs but not all of them. The report states that he has severe difficulties, in particular with language skills. He has had some one-to-one sessions about self-care but they have not been successful in terms of long-term practical application. Therefore, he still needs the care and assistance in the classroom that a full-time SNA would provide.
The boy has been given four and half hours of resource teaching, but it is only a drop in the ocean in terms of meeting his needs in the classroom. I do not usually raise individual cases in the Seanad but his parents approached me. I have dealt with them for a long time and know them very well. This issue is of grave concern to them. His mother is frantic with worry that a lack of a special needs assistant will stunt his development completely and he will be left behind in terms of educational and self-care issues. He has not reached the same standard as other children his own age who are becoming aware that he has particular needs and they are starting to point them out which has made him feel self-conscious. It is not just his educational development but his personal development that is being affected, which is why I raise the issue today.
I thank the Senator for raising this matter. I assure the House that the education of children with special educational needs remains a key priority for the Government. We have been resolutely committed to protecting and, in some instances, increasing the level of investment being made to support children with special educational needs at a time when there has been a requirement to make expenditure reductions across a range of areas. It is an area of spending which has been prioritised above most other areas by the Government, despite the enormous pressures on all areas of public spending. This year alone, over €1.37 billion or 15% of the Department's budget is being spent to provide supports to enable learners with special educational needs access an education appropriate to their needs.
The SNA scheme, in particular, has been a major factor in both ensuring the successful integration of children with special educational needs into mainstream education, and the provision of support to pupils enrolled in special schools and special classes. As part of budget 2015, the Minister announced that an additional 365 SNA posts will be provided in 2015 to take into account increased demand and demographic growth and to ensure children can continue to have access to additional supports in school. There is now provision for 11,330 SNA posts in 2015 which is the highest level of SNA provision that we have ever had. These increases, building on increases which have already been provided in recent years, will ensure children with special educational needs can continue to participate in education and be supported in a manner appropriate to their needs.
I take the opportunity to assure the House that schools which have enrolled children who qualify for support from an SNA will continue to be allocated SNA support. The House will be aware that the National Council for Special Education, NCSE, through its network of local special educational needs organisers, is responsible for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within the Department's criteria in allocating such support and these criteria are set out in Department's Circular 30/2014.
All schools were asked to apply to the NCSE for resource teaching and SNA support for the 2015-16 school year by 18 March 2015. The NCSE continued to accept applications after this date in recognition that enrolments may not have been completed or where assessments were not completed. On conclusion of this process, the NCSE evaluated the level of SNAs required to meet the needs of schools for the coming year and advised the Department on the quantum of SNAs that would need to be provided to meet this need. Advice from the NCSE has been received and the Department is working to finalise its consideration of this as quickly as possible. Details of SNA allocations to schools for 2015-16 will be available on the NCSE website on completion of this process.
The Senator's specific query relates to the allocation of an SNA for an individually named child. It is important this House is aware that SNA allocations are not made to individual children but are made to schools to support the care needs of children with assessed special educational needs, like the example given. I will ask the NCSE to examine the matter and to respond directly to the Senator. I thank her once again for raising this matter and will make sure it is followed up.
I thank the Minister of State for his response. Time is of the essence. The family, in particular, the parents are trying to gather all of the documentation to lodge an appeal. They are afraid they will miss the deadline and, therefore, their son will not have supports for a year. Anything that can be done to make sure the NCSE replies in a timely manner would be greatly appreciated.
Auctioneering Licences
I welcome the Minister of State, Deputy Aodhán Ó Ríordáin.
I recently attended the AGM and conference of the Institute of Professional Auctioneers and Valuers, of which I am an honorary member. Quite a number of its members spoke about a certain matter at the event. While I was aware of one instance I must confess that I had not heard such concern before. Apparently, there are a number of unlicensed auctioneers operating throughout the State. A recent article featured in the Irish Farmers Journal alleged that a number of marts do not have licensed auctioneers. I understand such auctioneers are able to advertise freely alongside licensed auctioneers and the public are unaware of the status of the former. Also, it was alleged to me that agents from Northern Ireland practise in some of the Border counties. I was reminded by one person that the national Property Services Regulatory Authority is three years in existence. That fact disturbed me slightly and that is why I am interested in hearing what the current position is and how it is viewed. I am grateful to the Minister of State for coming to the House to answer today.
On behalf of the Minister for Justice and Equality, I thank the Senator for raising this matter. As he is aware, the Property Services Regulatory Authority, PSRA, was established on a statutory basis in 2012, in accordance with the provisions of the Property Services (Regulation) Act 2011. The authority is independent in the performance of its functions.
A key role of the authority is to set and enforce standards in the provision of property services by property service providers who fall into four categories - auctioneers of all types, estate agents, letting agents and property management agents. The 2011 Act provides for the licensing of all companies and individuals engaged in the provision of property services. There are in excess of 4,000 companies and individuals licensed to provide property services. A publicly visible register of these licensees is maintained on the PSRA website at www.psra.ie. Under section 28 of the Act, it is an offence to provide a property service, or purport to be available to provide a property service, unless the person is appropriately licensed. A company or person who contravenes this section of the Act is liable to a fine or imprisonment, or both.
It is the authority's policy to prosecute all of those found to be trading without a licence. A number of prosecutions have already been before the courts in the Dublin area. The Minister for Justice and Equality has been informed that two cases have so far resulted in convictions and more cases are pending. She has been advised by the authority that 242 instances of companies or individuals suspected to be trading without a licence have been brought to its attention since 2012. Some 23% of these cases involved companies of individuals who were, in fact, already licensed. A letter campaign instructing companies to cease trading without licences resulted in a further 6% applying for and being granted licences. Another 31% have ceased trading or were never trading in the first place and no current evidence can be found of trading. The authority is investigating the remainder of the cases.
I am grateful to the Minister of State for his response. I am glad to hear that there have been some prosecutions and that the authority is investigating a number of outstanding cases. In terms of the people whom I heard speak about this matter and one or two individuals spoke to me directly, I will communicate with them and have them examine the register which is available. I shall advise them that they should give the authority whatever information they have. I am grateful to the Minister of State for his assistance.
Planning Issues
I welcome the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe.
In welcoming the Minister back to the Seanad, I express a sincere hope this is not a sign of things to come.
I raise this issue with the Minister because several weeks ago, when I raised a similar matter with the Department of the Environment, Community and Local Government, I was advised by the Minister of State at that Department, Deputy Ann Phelan, to contact the Minister for Transport, Tourism and Sport as his Department liaises closely with the National Roads Authority.
I am seeking a review of the impact a rather black-and-white policy being pursued by the National Roads Authority is having on the ability of families, especially farming families, to build residences on national secondary roads. I stress that I am fully committed to road safety. In my time as a county councillor I made many representations on planning matters. In cases in which disputes arise and there is any shred of doubt or difficulty about road safety, we must always err on the side of caution.
I have encountered a significant number of cases where, despite road safety, sight distance, etc., not being compromised or in doubt, the NRA's blanket policy has impinged on a council's decision on whether to grant planning permission for houses on national secondary roads. In one case in north County Cork, in which I was not involved, the authority successfully appealed a decision by Cork County Council to grant planning permission for a residence for a small business operation to An Bord Pleanála. While I fully respect the road safety perspective of the National Roads Authority - long may it continue - individual cases must be considered from a social and economic perspective from time to time. In cases in which a farming son or daughter is unable to build a house on the family farm, we will have a ridiculous scenario in which the applicant will be obliged to build or buy a house three or four miles away and traverse the secondary route in question several times a day. Some dairy farmers will visit a farm two or three times in the middle of the night during the calving season. The broader safety perspective must also be taken into account.
In so far as the Minister has powers in this area, I ask him to liaise with the National Roads Authority to ascertain whether there is a reasonable prospect of council engineers discussing individual cases with a local office of the National Roads Authority in an effort to alleviate problems. I am reluctant to call for discretionary powers, as this term is a throwback to all the funny political decisions made in the past. The number of cases involved is probably not more than a few dozen, or three or four per county, at any given time and certainly does not run into the hundreds. On a day when the Government is launching what will, I hope, be a visionary policy on agrifood and rural areas, it is important to ensure that farming families are facilitated in living on the family farm. This will require a careful examination of planning issues.
I thank the Minister for listening. I do not expect him to perform miracles today. I ask him to discuss with the National Roads Authority the possibility of shifting its black and white policy towards one in which there is a prospect of dialogue in individual cases. County councils will not approve a planning application if there are any doubts about road safety. As a result of a national policy pursued by the National Roads Authority, they are now reluctant to give serious consideration to planning applications for dwellings alongside national secondary roads. I ask the Minister to reflect on the issue with a view to improving the current position.
I apologise to the Cathaoirleach and the Senator for keeping them waiting. I thank the Senator for his comments on my fortunes. I am not sure if I should express a view on whether I look forward to seeing him back in the House. In any case, I extend my best wishes to him in his endeavours and do so in the same spirit as he extended his best wishes to me.
The short answer to the Senator's question is that I am open to examining this issue. This should initially involve engagement with the Department of the Environment, Community and Local Government on planning decisions made by local authorities.
I am aware of the issue the Senator raises, as it has been brought to my attention previously. I take a similar approach to it as he does and expect those who are involved in the relevant decisions to adopt a similar approach. This means, as the Senator acknowledged, that while primacy must be given to road safety, we must also seek to facilitate a relatively small number of developments or applications as a means of supporting ongoing changes in agricultural families and communities.
Having raised matters related to funding previously, the Senator will be aware of the policy background to this issue and my responsibilities in this regard. I have responsibility for overall policy and funding, while the National Roads Authority has a statutory responsibility under the Roads Acts 1993 to 2007. The NRA works with local authorities in performing its duties under the legislation. I understand the Minister of State, Deputy Ann Phelan, commented on this matter and acknowledged that decisions as to whether to grant planning permission in any particular case are a matter for the relevant planning authority, whether a local authority or, on appeal, An Bord Pleanála.
Local authorities must have regard to the local development plan, any relevant ministerial or Government policies, and national guidelines. All of this work must be completed within the framework of planning legislation. As a statutory consultee under planning legislation, submissions or comments on planning applications and proposed developments constitute the National Roads Authority's primary input into the planning process. My understanding is that the approach adopted by the authority in making such submissions or comments is to seek to uphold official policy and guidelines.
The Senator acknowledged the importance of road safety. As he is aware, access to roads must be managed, as must conditions on roads. Access is particularly restricted in the case of national roads, to which speed limits of 60 km/h apply, whereas a less restrictive approach is allowed for in the case of transitional zones close to urban centres and within 50 km/h zones. The Road Safety Authority's strategy for the period from 2013 to 2020 includes an action to reduce the number of access points outside speed limit areas on national roads by 5% by 2020.
I accept that this will have consequences for road users, particularly people who are seeking to develop or access roads. However, I am sure the Senator will appreciate that from a Road Safety Authority point of view, the two main issues are the frequency with which additional vehicles access roads, particularly national roads that can be very busy, and the speed at which those vehicles access those roads, which often is very different from the speed at which vehicles already on that road are travelling. This can have consequences for road safety that need to be managed.
As stated by the Minister of State, Deputy Ann Phelan, under section 2.6 of the guidelines, in exceptional circumstances planning authorities may identify stretches of national roads where a less restrictive approach may be applied, but only as part of the process of reviewing or varying the relevant development plan and having consulted and had regard to the advice of the NRA in line with the approach set out in the guidelines. It is a matter for planning authorities to consider the implementation of section 2.6 of the guidelines in respect of sections of relevant national roads and in the context of the development plan for that region, county or area.
As I said, I am open to looking at the issue in conjunction with the Minister for the Environment, Community and Local Government, but I do not want to create expectations about potential changes in the guidelines as this could lead to further expectations to which I would then have to respond, and, primarily, because of the impact this would have on the progress we are making in relation to road safety. I have listened to the points made by the Senator and agree that this is an issue that merits further examination. My Department will engage on the matter with the Department of the Environment, Community and Local Government in the context of the planning laws already in place.
Sitting suspended at 11.15 a.m. and resumed at 11.30 a.m.