Commencement Matters

Heritage Sites

Senator Thomas Byrne

Táim fíor-bhuíoch den Leas-Chathaoirleach as an deis a thabhairt dom an t-ábhar tábhachtach seo a ardú ar an Tosú inniu. Tá a lán moill ag baint leis an rud seo agus ba cheart don Aire Stáit an scéal a thabairt dúinn faoin mhéid atá ag tarlú.

I am grateful for the opportunity to raise this matter of the submission of the town of Kells and its monastic sites, among others, as part of a tentative list of properties for future nomination for inclusion in the world heritage list. Brú na Bóinne, comprising Newgrange, Knowth and Dowth in County Meath, is a world heritage site. Under the previous Government, work was done in 2008 to nominate other properties for submission to UNESCO, the international body that classifies places as world heritage sites. The monastic site at Kells was included as part of a list of early mediaeval monastic sites in Ireland. There are a number of such sites which include Clonmacnoise, Durrow, Glendalough, Inis Cealtra, Kells and Monasterboice. Kells, or Ceanannas Mór, is where St. Colmcille established a religious settlement in 550 AD It is one of the most important monastic sites in Ireland. There are a number of buildings and places of interest in Kells, including St. Colmcille's house, the Kells monastic site, the Market Cross and the round tower.

All of these symbols are synonymous with the town of Kells. Will the Minister of State give an update on what has happened since 2010 when the application for world heritage status for the town and its archaeological site was made? When the application was made in 2010, we were told by the then Minister, Mr. John Gormley, that the site would have to be on a tentative list for at least one year before it could be inscribed as a world heritage site. We were also told that it would take at least two years for this process to be completed.

I know from those who have raised questions about other sites which have been put forward for tentative status that it appears precious little has been done by the Minister responsible for it. From talking to some of the local councillors in Kells, I understand it has not appeared on any local authority agenda since the last local elections. I would have thought the local authority would have been a key partner with the Department Arts, Heritage and the Gaeltacht in ensuring the Kells monastic site received world heritage status.

A significant amount of work has been done in Kells in the past five years by voluntary and community groups, including the Tourism Forum, the Local Heroes programme and many others, to promote the town. They should not be left in a vacuum. The ultimate responsibility lies with the Minister and the local authority. I would be grateful for an update on the position.

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Joe McHugh)

Tá mé ag glacadh na ceiste seo ar son an Aire sinsearach, an Teachta Heather Humphreys. Gabhaim buíochas leis an Seanadóir Byrne as ucht na ceiste seo a ardú. Tá suim mhór agam san ábhar seo ós rud é go bhfuil ceangal dearfach idir mo chontae féin agus Contae na Mí, mar shampla i gcomhthéacs Naomh Colm Cille. Dá bhrí sin, tá mé sásta labhairt faoin ábhar seo inniu.

Having a site progressed from being on a national tentative list to its inscription by UNESCO on the world heritage list is a long and involved process which requires comprehensive management plans for the site, full agreement with local interests, significant local authority actions and support and the production of highly detailed nomination documents that require significant financial investment. Each stage of the process has to be quality controlled and checked by experts to ensure the nomination documentation reaches the high standards laid down by UNESCO. We are working at all times to UNESCO standards and requirements, not to any local framework.

Ireland's current world heritage tentative list has come about from a comprehensive, thorough and detailed process undertaken by a panel of Irish and international heritage experts specifically appointed for that purpose. The tentative list produced by the expert group contains a list of seven potential nominations, including early mediaeval monastic sites, of which Kells forms part, with Clonmacnoise, Durrow, Glendalough, Inis Cealtra and Monasterboice. The expert group believed these six sites were exemplars of the early Irish church's rich cultural and historical past which played a crucial role in Europe's educational and artistic development.

In September 2013 my Department held a seminar to explain the next steps in the process to the local authorities and local groups from the areas with proposals which had successfully made it on to the tentative list. The objective was to gauge the extent of the support which would be available to advance these proposals, as well as to set out the work that would be involved and the associated costs. The seminar was followed by a series of working group meetings related to each of the sites. My Department, together with world heritage experts, was there to facilitate discussion.

My Department's view is that without strong local enthusiasm and backing, there is little prospect of success for any nomination. This bottom-up approach is also UNESCO's favoured policy. As Kells is in a serial nomination with other sites and part of a representative sample of Irish monuments, unless all of the component parts enjoy local support, there is much less scope for a nomination to proceed further. The representatives who are now most actively engaged with my Department in pushing on with their proposals on that basis are those from the Burren and the Royal Sites of Ireland.

Although other nominations may not be moving ahead as quickly, this does not mean that they are removed from the tentative list. My Department would be delighted to engage again with representatives of the areas in the early mediaeval monastic sites nomination, if the local communities and especially the local authorities which must generally take the lead are interested. However, without all involved firmly on board, the rationale for the nomination does not have the necessary standing or completeness.

My Department has sought and continues to work with local interests to bring forward the nominations of the internationally important archaeological sites on our tentative list. This will continue to be the approach.

Senator Thomas Byrne

That is the most outrageous reply I have received to a question in this House.

Deputy Joe McHugh

I heard the Senator say that before.

Senator Thomas Byrne

For the Minister who is legally and internationally responsible for arranging world heritage status between UNESCO and the Government to claim there is not enough interest in these areas is outrageous. I have never seen a town more committed to its heritage tourism than Kells. The people are working tirelessly and engaging with the Department. One group met the Minister, Deputy Heather Humphreys, last June about protecting some of these sites, but it has heard nothing back. Perhaps the Minister of State might deal with that issue. That was a complaint I heard two nights ago. The town of Kells and the groups there are doing tremendous work. The idea they are to be blamed for this not progressing is outrageous. To blame the local authority is also outrageous because it is the Minister who takes the lead under the UNESCO proposals.

The Minister is passing the buck. It is about time she got the groups and local authorities from all the monastic sites, Clonmacnoise, Durrow, Glendalough, Inis Cealtra and Monasterboice, together to get this going. The truth is this has been going nowhere. It is the Minister who needs to take the lead. It is surprising to see the Burren as one of thse sites actively pushing on. I know that Deputy Michael McNamara from County Clare was complaining in the same vein as me about this issue only a few months ago. I have certainly heard nothing about the Royal Sites of Ireland being pushed. The Minister needs to re-engage urgently with all of the communities and local authorities in the areas involved. It is her responsibility, no one else's.

Disabled Drivers Grant Eligibility

Senator Colm Burke

I welcome the Minister of State. I am raising this issue as a result of a family coming to me about their 52 year old daughter who has an intellectual disability. The family are the main carer for their daughter. Every morning for the past 35 years they have been driving her to a Cope Foundation facility in Cork and collecting her every evening. They applied for the disabled driver’s tax concession grant, but they were turned down. They appealed the decision, but they were advised that it would take six to seven months. I find this unhelpful and unsatisfactory, particularly when the parents who have moved on in age have been caring for their daughter for that length of time.

SI No. 353/1994, Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, only applies where a person has a physical disability. Where a person has an intellectual disability, no tax concessions are available. I have examined the regulations and the Act. It is only a matter of time before someone decides to call for a judicial review of this matter because there is discrimination involved.

These parents are providing and caring for their daughter and while they are doing everything possible for her, they are being denied a simple concession they have sought, whereas if the child had a physical disability, they would qualify for each of these concessions. I acknowledge the main issue pertains to the delay, but the other issue, in respect of SI 353 of 1994 and the relevant section of the Finance Act 1989 with which one is dealing and under which the regulations were introduced, also must be addressed. However, the main issue is the delay in dealing with the appeal process. Moreover, my understanding is that appeals must be dealt with in Dublin and even though the people in question are from Cork, they must travel to Dublin to deal with them. However, the delay is unsatisfactory. I raise the matter in that context.

Minister of State at the Department of Education and Skills (Deputy Damien English)

I thank the Senator for raising this matter. I am speaking on behalf of the Minister for Finance who regrets that he is unable to be present owing to other business. He apologises and would have preferred to have been present himself had this been possible.

The Disabled Drivers Medical Board of Appeal is a body under the aegis of the Department of Finance and it is for that reason I am responding to the Senator on behalf of the Minister for Finance. The medical board of appeal acts as an appeals body for those applicants refused a primary medical certificate by a senior medical officer of the Health Service Executive. The primary medical certificate is required to access the disabled drivers and disabled passengers (tax concessions) scheme which provides relief from VAT and vehicle registration tax, up to certain limits, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, assistance with fuel costs and an exemption from motor tax. Accordingly, the medical board of appeal provides an important function in providing citizens with an appeals process, ensuring a greater degree of consistency and fairness in the award of primary medical certificates.

Perhaps I might first outline the recent history of the Disabled Drivers Medical Board of Appeal to provide some background on the functions and remit of this body for the Seanad. Prior to 1989, there was only one medical criterion for eligibility for the disabled drivers (tax concessions) scheme. An applicant's general practitioner certified whether an individual met that criterion. This gave rise to inconsistencies across the State and in 1989 it was decided to extend the number of medical criteria to five. At the same time, it was decided that medical officers at an applicant's local health board should determine whether an applicant met the criteria for eligibility for the scheme. This both extended the scheme and ensured a consistency of approach. In that context, it was necessary to establish the Disabled Drivers Medical Board of Appeal to provide for an appeals process. The board was initially composed of three part-time members, one of whom was appointed as chairperson. Following the enactment of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, the scheme was extended to passengers for the first time, which increased the workload of the board substantially. As the board was essentially working on a part-time basis, prospective delays grew rapidly through to 2004 to a point where people were waiting for more than one year for an appeal to be dealt with. As a first step in tackling the delays, provision was made through secondary legislation for the independence of the board, as well as an expansion of the number of members of the board to five.

In June 2005 the Department of Finance reached an agreement with the National Rehabilitation Hospital to provide two permanent staff for the board, one a full-time administrator and one a medical consultant who also would act as chairperson of the board. At the time, €300,000 was provided in the Estimates to staff and resource the Disabled Drivers Medical Board of Appeal. On 29 June 2005 officials from the Department appeared before the Oireachtas Joint Committee on Finance and the Public Service to inform the committee of the steps taken to tackle the delays, including the new moneys allocated to the board. Additional legislative action was also taken which allowed the Minister to appoint more members to the board of appeal, if required. These actions bore fruit and the number of applicants awaiting an appeal fell from a high of 824 in May 2005 to 406 in June 2006. At the end of last month, there were 110 applicants awaiting an appeal, which equates to a waiting period of approximately four to five months.

The board meets for 24 sessions per year, one of which is held at Mercy University Hospital in Cork city, and assesses, on average, 15 appeals per session. The Minister for Finance does not agree that there are undue delays in processing these applications. First, one must remember the board relies on the membership of medical professionals who have full-time practices, from which they must absent themselves to present at these sessions. In the light of this, the Minister believes 24 sessions per year is a reasonable number. Second, I have stated the board, on average, deals with 15 appeals per session. Given the independence of the board in the exercise of its functions, the Minister cannot and would not wish to suggest an increase in the number of appeals per session, as this might not give the board an adequate amount of time to assess each appeal properly. The Department of Finance keeps the operation of the board and the number of applicants awaiting appeal under constant review.

The Senator also raised a second issue which I will bring directly to the Minister for Finance on his behalf, if that is all right.

An Leas-Chathaoirleach

Is the Senator satisfied?

Senator Colm Burke

I thank the Minister of State for the reply. I am not sure whether I agree with its contents fully. However, on the issue I have raised about intellectual disability where there is huge discrimination, I have referred to a case in which the parents are elderly but still are on the road each day to look after their daughter and were the State to provide full-time care, there would be a huge cost to it. In this case, all the parents are seeking is the concession in respect of car tax on the car which they are being refused. They live in a rural area without public transport and even if public transport was available, the person concerned must be accompanied by an adult at all times. It is in this context that I ask that the current regulations be considered to ascertain whether this family can be catered for because they have done everything possible to care for their child who, as I stated, is now 52 years of age.

Deputy Damien English

I again thank the Senator. While I do not have to hand the exact details of the case, as the Department has stated, it keeps all such issues under review on a regular basis. I certainly will feed in the example raised by the Senator in terms of the situation faced by the family. On the point raised by the Senator, I note that they do not seek access to the whole lot, but this probably deals with many more issues than simply motor tax on the car. However, I certainly will revert to the Department and raise this matter with it. In addition, the Senator has raised a second issue which I will bring to the Minister's attention directly.

Senator Colm Burke

I thank the Minister of State.

Local Authority Housing Provision

Senator Mary Moran

I thank the Minister of State, Deputy Damien English, for coming to the House to take this matter on behalf of the Minister for the Environment, Community and Local Government, Deputy Alan Kelly. I have raised this Commencement matter on foot of serious and urgent representations I received over the summer, which I have attempted to resolve both at local level and with the Department of the Environment, Community and Local Government. Before making representations, I have raised repeatedly the lack of suitable disability housing for those in need in County Louth. I am dealing with a few serious cases that I intend to highlight as a representative sample, in which the quality of life of the individuals concerned is being impeded owing to the lack of suitable housing in the area to which to transfer the individuals concerned and their families. In some cases, the medical issue or disability has been exacerbated owing to living conditions or accidents have occurred on stairs. I do not raise these matters lightly or without approaching them from numerous angles with Louth County Council and various council members. There simply is no suitable housing to be found for those with a disability on the housing or transfer list.

I have made hundreds of calls, attended meetings and written letters and e-mails about specific cases in the past two years. In one case, the person concerned has provided an abundance of medical evidence proving the current living conditions are unsuitable, yet she still remains in a two-storey home. Two years later, I continue to be informed that there is no accommodation suitable for the family.

The representations I mentioned which I received over the summer are also of extreme urgency. The case involves a young family, with four young children, that received the devastating news that, due to a diagnosis of bone cancer, their four year old son must have his leg amputated on 4 November. This young child's mother also delivered a new baby last Friday. When this little boy comes home from hospital in a wheelchair with his family, he will be returning to a two-storey house that does not have a downstairs toilet or facilities for wheelchairs downstairs. I understand the child's condition is extremely painful and his parents must carry him up and down the stairs several times during the day for toileting and at bedtime. I visited the house and completely agree it is not suitable for a wheelchair. I raised this issue in July in the hope that by November something would be in place, namely, either the house would be adapted or the family would be accepted onto the transfer list to move.

Unfortunately, nothing has happened since July. I have been most disappointed with the response to the case. Once the housing transfer form was submitted, it took a number of weeks and several telephone calls for the family to be contacted. When they were contacted initially, they were told the matter would be dealt with in due course. That is okay if somebody is seeking assistance, as I understand there are priorities, but this case is a major priority. At the very least, an occupational therapist should have attended the home at the earliest opportunity, as far back as last July, to make the necessary assessment in order that when a house became available, these matters would already have been addressed. What the family is going through is life changing and very stressful. This young boy will have to use a wheelchair after his surgery and he will come home to a house that is not wheelchair accessible. There are not enough bedrooms and there is not sufficient space in the house. I am disappointed with the response in each of the cases I have raised and with the provision of disability medical housing in County Louth.

In May this year €10 million was allocated in funding for supports for people with a disability. I would not raise the cases if they were not so urgent. I ask the Minister to examine such cases and improve the provision of disability housing.

Deputy Damien English

I thank the Senator for raising the issue. I am sorry that neither of my colleagues could be present to respond to the matter. They wished to be present but something came up.

Social housing is a key priority for me and the Government, especially the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, and the Minister of State at that Department, Deputy Paudie Coffey. Under the social housing strategy 2020, the total targeted provision of more than 110,000 social housing units will address the needs of the approximately 90,000 households on the housing waiting lists, while also providing scope to address further emerging needs, as in the example the Senator raised. Social housing targets have been set for each local authority, including Louth County Council, up to 2017. The targets set and the funding allocated are being invested by local authorities in a combination of building, buying and leasing schemes designed to accommodate 25% of those on the housing waiting lists. The target for County Louth is 778 units, the delivery of which is supported by an allocation of €57 million.

In line with the targets set for social housing delivery, the Minister and the Minister of State announced a major social housing construction programmes in May and July this year, with an investment of €492 million covering all 31 local authorities, involving more than 2,800 housing units. It included more than €150 million for approvals under the capital assistance scheme which supports approved housing bodies in the provision of housing for homeless persons, the elderly and people with disabilities. The announcements included 75 new social housing units specifically for County Louth. Further details of targets, allocations and projects are available on the Department's website.

The assessment and allocation process for social housing support takes into account situations where a member of a household has a disability such as in the case outlined by the Senator and allows local authorities to prioritise the allocation of accommodation in these circumstances. Under section 63 of the Local Government Act 1991, a local authority is, subject to law, independent in the performance of its functions. Under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated regulations, elected council members set down council policy on the allocation of local authority housing in its allocation scheme, including determining the order of priority for the allocation of dwellings by the authority. The chief executive of the local authority is required to make allocations, including decisions on transfers for existing local authority tenants, in accordance with the scheme. I understand Louth County Council's scheme provides that transfer applications will be considered in situations where a transfer would relieve a serious medical condition, including a physical or mental disability.

Section 22 of the 2009 Act also provides that the chief executive may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support arising from specified exceptional circumstances, including exceptional medical or compassionate grounds. Support is also provided for local authorities to meet the needs of tenants with a disability through funding for adaptations and extensions to social housing units. In May the Minister allocated €10 million for these supports for 2015, an increase on the figure in recent years, with almost €440,000 being made available to Louth County Council.

In summary, local authorities have a range of options available by means of which they can address cases of specific need, whether through use of the increased funding for adapting existing houses; or by making an alternative social house available where this is more suitable or acquiring a property if that is considered the most appropriate option in individual circumstances.

The Senator will appreciate that the Minister cannot directly tell the council what to do or to whom it should give a house, but a range of options are available to address cases such as the one outlined by her. One of these measures should be available and I hope the matter will be resolved shortly.

An Leas-Chathaoirleach

Senator Mary Moran should be very brief. She had eight minutes.

Senator Mary Moran

This matter must be addressed.

An Leas-Chathaoirleach

I know, but the order provided for five minutes and the limit is eight minutes. We are now in the tenth minute.

Senator Mary Moran

I am very disappointed that the Minister, Deputy Alan Kelly, is not in the House to take this matter. It is one thing to say this or that scheme is available and that €10 million has been allocated, but the family sought assistance in July. It would not have cost anything for somebody to go out and assess the position. It is now October and the child's operation is next week, yet an occupational therapist has still not even visited the house. The Minister of State is talking about what might happen in the future.

The other case I mentioned is two and a half years in progress. I am told the person concerned is on the list and that she is a priority, yet nothing is happening. We can have all of this in writing, but if the case is not moving, the system is not working. The Minister must intervene and ask about the success rate and where houses have been allocated. I am in contact with the council every day, but we need movement. There is no point in saying something will be addressed. I ask when that will happen. The cases to which I refer cannot wait for another year or two years.

Deputy Damien English

The Minister, Deputy Alan Kelly, is sorry he could not be here; he would be if he could. He is aware of the case and I will report back to him. The Senator must appreciate that it is his job to set out the policy and provide funding for it. The funding has been allocated to Louth County Council. The decisions made daily on who get houses and when occupational therapists visit are ones for the local council. I will raise the Senator's concerns with the Department which is in constant liaison with the various councils. I cannot explain why an occupational therapist has not been able to visit. That is not a decision for the Minister but for the local authority.

Senator Mary Moran

If an answer is not forthcoming from the council, the next step is to bring the matter to the attention of the Minister.

An Leas-Chathaoirleach

We will not resolve the matter here.

Deputy Damien English

I do not question the fact that the Senator has raised the matter, I am just saying I cannot account for a council's decision not to send an occupational therapist to visit a house. I do not understand that. I will raise the matter with the Minister.

An Leas-Chathaoirleach

Senator Mary Moran has made her case and the Minister of State has responded. I do not think we can do anything further today. It is a very sad case. Perhaps the Senator might talk to the county manager in her local county.

Senator Mary Moran

I have done that.

An Leas-Chathaoirleach

I thank the Senator.

School Staff

Senator David Cullinane

I welcome the Minister of State, Deputy Damien English, and thank him for taking this Commencement matter.

The issue relates to a school which was told in September that it had a temporary English as an additional language, EAL, post, but then in October it received an e-mail stating that was not the case. EAL posts are for children who need extra support in learning English. The best thing might be for me to read an e-mail I received from the principal of the Mercy primary school in Waterford city as it spells out exactly the problem the school faces. It will take me less than the allocated four minutes to do so:

It was with shock and dismay yesterday that I opened an e-mail from the Department's primary allocations informing me that the temporary EAL post sanctioned on 1 September is being suppressed on 23 October. I don't understand this as we have the children enrolled. The number returned before 5 October was well over the 20% indicated in Circular 005/2015, part 2, section 4. We are a DEIS band 2 junior school catering for girls aged four to eight years. We have always applied for and retained temporary language support staff, as we have always exceeded [the requirement] - I quote again from the circular, '20% of total enrolment of the school is made up of pupils that require EAL support'. This year we have 30% of children requiring EAL support so I'm struggling to understand why this year is different, considering the numbers for previous years - 31% for 2014, 25% for 2013, 22.5% for 2012, 23% for 2011, 25.5% in 2010 and 29.5% in 2008.

Each and every year, including this year, the school has well exceeded the figure of 20%. The question the principal is asking is why the position this year is different when the school is well above the 20% threshold.

The principal goes on to say:

One teacher cannot be expected to adequately cater for the needs of all 93 children who need EAL support. I would also like to make you aware the children for whom we have concerns about and who are not reaching milestones as expected have been referred for speech and language assessment. The constant response we receive back is that children must receive two years English language support before a complete assessment can be made. Therefore, from now on it will be first class before we can cater or refer an EAL child who has started in junior infants and it could be second class before they are assessed. Our most recent S&L report states 'it takes the average child between three and five years when exposed to full-time schooling and supports to speak a second language as well.'

If the Minister of State has the figures, will he outline to us how many EAL temporary posts there are in the State? There were 400 in 2008 and I believe there are now fewer than that. There were cutbacks in a number of budgets. Is that what this is about? Are we moving the goalposts of the 20% figure? Are we now simply looking at how many posts we have and dividing it by the number of schools to come up with a new percentage that schools have to reach? This was a post for this school. Schools and principals have these battles every year, but when they are planning ahead for the year and are told in September that they have a post and it is pulled from them, it creates a challenge for the school and a worry and concern. I do not know if the Minister of State has a positive response for me, but if he does not and if it is a response that he received from the Department which is par for the course in dealing with Commencement matters, I ask him to take it back to the Minister directly and alert her to this issue. I hope it is one that can be resolved for the betterment of the children in the school.

Deputy Damien English

I thank the Senator for giving me the opportunity to outline to the House the position on the support provided for schools with a high concentration of pupils that require language support such as the one he has raised.

Teacher allocations are approved annually in accordance with established rules based on recognised pupil enrolment. Schools are very well informed about the rules. Reforms introduced in the 2012-13 school year created a single simplified allocation process for both learning and language support. At primary level, learning and language support hours are allocated on the basis of mainstream classroom teaching posts in the school. Schools have autonomy to deploy this resource between learning support and language support depending on the specific needs of the school. The new arrangements also provided for additional permanent teaching posts to be given to schools with high concentration of pupils that require language support. Further additional temporary support is also provided, as necessary, on the basis of appeals by any of these schools to the Primary Staffing Appeals Board.

The criteria used for the allocation of teaching posts for the 2015-16 school year are set out in Primary Circular 0005/2015 which the Senator quoted and which is available on the Department's website. In addition, the staffing appeal process at primary level includes the provision whereby schools with a high concentration of pupils requiring English as an additional language can apply for additional temporary language support posts. These language support, EAL, allocations are made on the basis of appeals by schools to the Primary Staffing Appeals Board, using projected enrolment for the following September.

The school referred to by the Senator has one permanent language support post. The school submitted an appeal under the English as an additional language criterion to the Primary Staffing Appeals Board. The board upheld the appeal at its meeting in March 2015 and allocated one additional temporary language support post to the school, subject to the school achieving its projected enrolments on 30 September 2015. The school was informed in March. The Senator said September but the school knew in March that it had this post. The school would have been very clearly told that it was subject to enrolments on 30 September 2015. That is usually very clear, but that does not seem to be the case in the case mentioned by the Senator.

While schools must have at least 20% EAL pupils to apply for a temporary EAL post, not all schools with that percentage of EAL pupils will receive a temporary EAL post. As stated in Circular 0005/2015, additional post or posts may be approved "having considered the circumstances outlined by the school and having regard to the high number of pupils requiring EAL support". As the projected enrolment of pupils requiring language support was not achieved on 30 September 2015, the temporary language support post has been withdrawn. The school will retain its permanent language support post. The Primary Staffing Appeals Board operates independently of the Department and its decision is final.

I thank the Senator for raising the issue and giving me the opportunity to outline the process and bring some clarity to it. If the Senator has additional information we are missing, I will bring it to the Minister's attention.

Senator David Cullinane

The answer does not bring clarity. In fact, it raises more issues. In the Minister of State's response he says the criterion used in the allocation of teaching posts for the 2015-16 year set out in Primary Circular 0005/2015 which I quoted is that 20% of the total enrolment of the school is made up of pupils who require EAL support. It then goes on to state that while schools must have at least 20% EAL pupils to apply for a temporary post, not all schools with the percentage of EAL pupils will receive a temporary post. It goes on to state, in terms of the school I have mentioned, that having considered the circumstances outlined by the school and having regard to the high number of pupils requiring EAL support, the numbers were not achieved. What is the percentage? It seems to be very subjective. It was very clear in the past - it was 20%. It now states it has to be at least 20%, but it depends on the high number. What is a high number? That is the challenge principals face.

To be fair, it is not clear from the circular that schools have been given, what criteria they must meet and it seems to be ad hoc and made up to suit the number of posts rather than the targets which are about making sure children receive the best education they deserve. Will the Minister of State alert the Minister to this case and the general issue of the circular and what it means for schools?

An Leas-Chathaoirleach

I am sure the Minister of State will convey the Senator's disillusionment with the reply.

Deputy Damien English

The Senator asked me if I had all of the figures for all posts in the country. I do not have them, but I will get them. To be clear, on the school mentioned by the Senator, the projected figures on which it won its appeal in March did not materialise in September 2015. The projected enrolment of pupils who would require language support was not achieved by 30 September. That is why there was a change. I will seek the other information the Senator requires.

Sitting suspended at 11.20 a.m. and resumed at 11.40 a.m.

Seanad Éireann debate - Wednesday, 21 Oct 2015