Tuesday, 9 Oct 2012

Written Answers Nos.186-206

NAMA Loans Sale

Questions (187)

Gerry Adams

Question:

187. Deputy Gerry Adams asked the Minister for Finance if the properties at a location (details supplied) in County Dublin on which the Health Service Executive has confirmed that a new lease has been signed for a new primary care centre are under the control of the National Asset Management Agency; if the property is currently for sale; the person who will benefit from the sale; and if money from the sale will be used to reduce the debt of the property's current owner [43357/12]

Written answers

Minister for Finance

I am advised by the National Asset Management Agency (NAMA) that information relating to its debtors and/or their properties is, within the meaning of Sections 99 and 202 of the National Asset Management Agency Act 2009, confidential and that it is therefore precluded from providing the information sought by the Deputy. In the case of property under the control of debtors, NAMA is precluded, under Section 202 of the NAMA Act, from disclosing confidential information. Confidential information is specifically defined to include information relating to debtors. Furthermore, Section 99 of the Act provides that, on acquisition of a loan, NAMA takes over the obligations of the participating institutions under the loan, one of which is the contractual duty of confidentiality which the debtor enjoyed while still a customer of the participating institution. Information about debtors or their properties is also protected against disclosure by the Data Protection Act Acts with which NAMA must comply as data controller.

Properties under the control of receivers or other insolvency professionals appointed by NAMA are listed on its website at www.nama.ie.

Fiscal Policy

Questions (188)

Mick Wallace

Question:

188. Deputy Mick Wallace asked the Minister for Finance his views on the research carried out by the Nevin Economic Research Institute which argues that the fiscal adjustment of €3.5 billion planned for Budget 2013 could destroy 29,000 jobs in the economy; and if he will make a statement on the matter. [43365/12]

Written answers

Minister for Finance

Firstly, I want to assure the Deputy that all of the economic policies of the Government are designed with one main objective: that is to restore balanced economic growth so that employment can increase once again. A precondition for a resumption of balanced economic growth is sustainable public finances. As such, the Government is committed to cutting the deficit and maintaining debt at sustainable levels. However, the objective of Government has been to ensure that any consolidation necessary is implemented in a credible manner, while seeking to minimise the impact on the economy and the labour market. In line with the economic literature and the broad consensus amongst various economic agencies - including the IMF, the ESRI and the Fiscal Advisory Council - we believe the most effective and growth friendly way to implement such consolidation measures is by concentrating the majority of the adjustments on the expenditure side.

Looking forward to Budget 2013, the Government believes a continuation of this focus on expenditure cuts is necessary to limit the negative impact on the economy and the labour market. Consequently, two-thirds of the forthcoming adjustment is expected to be realised from the expenditure side.

It should be acknowledged that while restoring the public finances to a sound footing is crucial for Ireland’s future, consolidation will have a negative short-run impact on the economy. However, it is the framing of this consolidation which is important and I want to assure the Deputy that the Government is conscious of the need to minimise the impact of consolidation on the labour market.

In the wake of Ireland’s recent return to the bond markets it may be easy to forget the considerable progress that has been made in getting to this point. It is imperative now that the hard yards gained in the recent past are not in vain and that those measures are followed through in order to restore confidence in the Irish economy and successfully navigate Ireland’s exit from the current EU/IMF programme.

Tax Rebates

Questions (189)

Patrick O'Donovan

Question:

189. Deputy Patrick O'Donovan asked the Minister for Finance the position regarding a request for a refund under Med1 in respect of a person (details supplied) in County Wexford; when a decision will issue; and if he will make a statement on the matter. [43431/12]

Written answers

Minister for Finance

I am advised by the Revenue Commissioners that there are no outstanding claims from the person concerned requesting a refund under Med 1. The last claim was for 2011, which was submitted on the 12th January 2012. This claim was processed on 15th February 2012. The refund in the form of a cheque issued the following day, which was subsequently cashed.

FÁS Training Programmes Provision

Questions (190)

Clare Daly

Question:

190. Deputy Clare Daly asked the Minister for Education and Skills if he will ensure that all FÁS course places are allocated in a timely manner to enable parents to have adequate time to organise appropriate child care. [43036/12]

Written answers

Minister of State at the Department of Education and Skills

The allocation of training course places is a day-to-day operational matter for FÁS.

I am informed by FÁS that all courses are put up on a Course Calendar to aid Employment Services Officers from the Department of Social Protection in referring people for relevant programmes as they arise. The Calendar in question includes information on start dates, locations, etc, and is updated a minimum of 3 months before the scheduled start dates of those courses.

Participants on FÁS training courses are notified of their selection a minimum of 2-3 weeks before their training is due to commence. However, if selected participants do not turn up on the allocated start dates, FÁS contacts additional people on the waiting list for the course in question to ensure that all assigned places are utilised.

School Transport Provision

Questions (191, 192, 193)

Martin Ferris

Question:

191. Deputy Martin Ferris asked the Minister for Education and Skills if tenderers for school bus runs can have access to documents, evaluations, and other information used by evaluators in the assessment of tenders. [43172/12]

Martin Ferris

Question:

192. Deputy Martin Ferris asked the Minister for Education and Skills if tenderers for school bus runs have a right to know the basis on which tenders are accessed. [43173/12]

Martin Ferris

Question:

193. Deputy Martin Ferris asked the Minister for Education and Skills if tenderers for school bus runs can have access to evaluation reports on tenders. [43175/12]

Written answers

Minister of State at the Department of Education and Skills

I propose to take Questions Nos. 191 to 193, inclusive, together.

Bus Éireann, which operates the school transport schemes, on behalf of my Department, is responsible for the negotiation and awarding of school transport contracts to private operators.

In this regard, Bus Éireann has advised that an extensive procurement exercise was conducted in 2011 and 2012. Advertisements were placed on the etenders website, the Official Journal of the European Union (OJEU), and in the Local and National Newspapers.

Applications were invited from operators of large, medium, small buses and taxis who were interested in undertaking, on a contractual basis, the operation of school transport services throughout Ireland.

Tenderers were provided with the criteria they would be assessed against in both the Pre Qualification and Invitation to Tender documents. The only information used in the evaluation of tenders was that which was submitted by the tenderer.

The evaluation reports contain commercially sensitive information and are therefore not available to tenderers. However, all unsuccessful tenderers are given details of the scores they received against each qualitative criterion and the reasons why they were unsuccessful. The scores of the successful tenderers were also supplied.

Teaching Council of Ireland

Questions (194)

Jonathan O'Brien

Question:

194. Deputy Jonathan O'Brien asked the Minister for Education and Skills the reason the Teaching Council, a self-funded agency responsible for the professional development of teachers, is being prevented from hiring an additional 16 staff out of its own funds because it is subject to the public sector recruitment embargo; and his views on whether employing these additional staff would help reduce the backlog in Garda vetting procedures and assessing foreign qualifications. [43234/12]

Written answers

Minister for Education and Skills

The Employment Control Framework agreed for the Department of Education and Skills covers the period 2010 to 2014 and comprehends staff working in a range of bodies and organisations across the education area, including the Teaching Council.

Regardless of funding status, agencies under the aegis of the Department, including the Teaching Council, are required to order and prioritise their work and working practices to take account of any limitations resulting from the application of the Employment Control Framework. This situation also applies in other areas of the public sector.

The Teaching Council has submitted a request for further staff which it considers necessary to carry out its functions. This request has been under consideration by the Department of Education and Skills and there is ongoing communication with both the Teaching Council and the Department of Public Expenditure and Reform regarding the Council's staffing issues.

Not all of the Council's functions are yet operational. Increasing the Council's staffing would enable it to discharge its full range of statutory functions efficiently and effectively.

At present, and in line with measures announced recently in the Statement on the progress of the Government's Public Service Reform Plan, the possibility of outsourcing some Teaching Council functions is being examined.

Salaries of the staff of the Teaching Council are funded from the Council's income, which is largely derived from teachers' registration fees. The Teaching Council makes ongoing superannuation contributions in respect of the future pensions costs of its staff, while the actual pensions are funded by the Department of Education and skills as they arise.

Teachers' Remuneration

Questions (195)

Charlie McConalogue

Question:

195. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will review the decision to cut qualification allowances for new teachers in view of the impact that this will have on morale within the teaching profession over the coming years; and if he will make a statement on the matter. [43237/12]

Written answers

Minister for Education and Skills

As I have indicated earlier, measures impacting on the pay of new entrant public servants, including teachers, have to be viewed in the context of the dire financial circumstances which this Government inherited and is working to reverse.

The major impact on the pay of new entrant teachers arises from the decision of the previous Government to impose a 10% reduction coupled with commencement on the first point of the scale. Cumulatively, these measures reduced the pay of new entrants by 14%. The recent decision to remove qualification allowances was significantly tempered by this Government providing that new teachers will commence on a new scale on a point equivalent to the fourth point of the old scale. The impact of this measure was a further reduction of 4.5% on top of the 14% imposed by the last Government.

The reality of the current situation is that it is simply not possible to reverse these measures.

Schools Building Projects Status

Questions (196)

Catherine Murphy

Question:

196. Deputy Catherine Murphy asked the Minister for Education and Skills if he will provide details of all school building projects which have not been delivered successfully on the part of the contractor in the past five years; the number of cases in which an unfinished school building project had to be re-tendered; the financial loss, if any, incurred by his Department because of such uncompleted building works in each year; the cost to his Department of re-tendering and completing the works in each year; and if he will make a statement on the matter. [43270/12]

Written answers

Minister for Education and Skills

In the last five years ten major school building projects encountered difficulties which resulted in a tender competition for a replacement contractor. The difficulties encountered on nine of these projects related to contractor insolvencies. The termination of the contractor's obligation to complete the works on the tenth project was due to the contractor's default.

There is a bond in place for each of the ten projects. The bond is used to cover costs that would otherwise accrue to the Employer (i.e. the Department, School, VEC etc.) on foot of a contractor's failure to complete the works. As such the Employer's financial exposure is generally minimal. Negotiations are ongoing with regard to a number of these projects and in some cases the full cost of re-tendering and completion of the works is not yet known. The Deputy will appreciate that it is not possible to release commercially sensitive cost information which is currently the subject of negotiations. To do so would undermine the Department's position with regard to such negotiations.

For the Deputy's convenience I have set out details of the ten projects.

County	Roll Number	School Name	Reason for Re-tender	Current Status
Dublin City	20139T	Inchicore NS, Sarsfield Road, Dublin 10	Insolvency Event	At tender
Dún Laoghaire- Rathdown	70030E	Senior College, Dún Laoghaire, Eblana Avenue, Dún Laoghaire, Co. Dublin	Insolvency Event	Under Construction
Galway City	62970K	Coláiste Iognáid SJ Bothar na Mara	Insolvency Event	Under Construction
Kildare	17662R	Scoil Bhríde NS, Kill	Insolvency Event	Project Completed
Kildare	17674B	SN Aine Naofa, Ard Cloc, Straffan	Termination due to Contractor Default	At tender
Limerick	13026P	Kilfinane National School	Insolvency Event	Project Completed
Limerick City	64201T	Ardscoil Ris, North Circular Rd, Limerick	Insolvency Event	At tender
Meath	18016O	S N Columbain, Ballivor	Insolvency Event	Project Completed
Offaly	17523D	SN Cronain Naofa, Dromakeenan	Insolvency Event	Project Completed
Roscommon	65100S	Scoil Mhuire, Strokestown, Co. Roscommon	Insolvency Event	Project Completed

School Transport Provision

Questions (197)

John Paul Phelan

Question:

197. Deputy John Paul Phelan asked the Minister for Education and Skills if he will review the application in respect of a person (details supplied) in County Kilkenny who has been refused school transport; and if he will make a statement on the matter. [42598/12]

Written answers

Minister of State at the Department of Education and Skills

The Deputy will be aware of the changes to the Post Primary School Transport Scheme that were introduced from the commencement of the current school year.

Existing catchment boundary pupils who are not attending their nearest post primary centre retain their transport eligibility for the duration of their post primary education cycle provided there is no change to their current circumstances.

However the pupil in question moved address and was assessed for eligibility for school transport from this new address. Bus Éireann has advised that this pupil is not eligible for school transport from this new address as she is not attending her nearest school.

Bus Éireann has further advised that there are spare seats on the bus service if this pupil wishes to apply for transport on a concessionary basis.

Special Educational Needs Staffing

Questions (198)

Michael McGrath

Question:

198. Deputy Michael McGrath asked the Minister for Education and Skills when he expects to have an Autism Spectrum Disorders unit open at a school (details supplied) in County Cork; and if he will make a statement on the matter. [42703/12]

Written answers

Minister for Education and Skills

The building project referred to by the Deputy was included in the 5 year construction programme announced in March and is scheduled to commence construction in 2013.

The stage 2(b) submission was recently approved by my Department and will shortly progress to tender and then construction.

However, until the project has been tendered and a contractor appointed it will not be possible to give a definitive date for the opening of the unit.

Third Level Fees

Questions (199)

Brendan Ryan

Question:

199. Deputy Brendan Ryan asked the Minister for Education and Skills if his attention has been drawn to any circumstances under which a person can be denied access to free fees by a third level institution on grounds of residency status while a family member of the same status can be granted access to free fees. [42719/12]

Written answers

Minister for Education and Skills

Under the terms of my Department's Free Fee Schemes the Exchequer meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved higher education institution. The main conditions of the scheme are that students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course. It is therefore possible that the residence status of different members of the same family will not be the same, depending on the timing and circumstances under which such residence was taken up.

Higher education institutions are autonomous bodies and the criteria governing the level of tuition fees to be charged (EU or Non EU rate), in cases where undergraduate students do not qualify for free fees and in the case of postgraduate study, is a matter for the institutions to determine.

I have asked my Department to examine the issue of the entitlement of non-EU families to third level fees and grants generally and I am currently considering the matter to ensure that there is clarity as to precise entitlements in this complex area.

Third Level Fees

Questions (200)

Brendan Ryan

Question:

200. Deputy Brendan Ryan asked the Minister for Education and Skills if he is satisfied that young persons resident here under a Stamp 4 are not eligible for free fees unless a determination has also been made by the Minister for Justice not to make a deportation under section three of the Immigration Act 1999; if he is satisfied that the difference between these two residency statuses is sufficient grounds for them to be treated differently in this manner; and if he will make a statement on the matter. [42720/12]

Written answers

Minister for Education and Skills

Under the terms of my Department's Free Fee Schemes the exchequer meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved higher education institution. The main conditions of the scheme are that students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course.

The Department of Justice and Equality adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. A 'stamp 4' does not of itself convey any entitlement to public services.

Higher education institutions are autonomous bodies and the criteria governing the level of tuition fees to be charged (EU or Non EU rate), in cases where undergraduate students do not qualify for free fees and in the case of postgraduate study, is a matter for the institutions to determine.

Question No. 201 answered with Question No. 100.

Residential Institutions Redress Scheme

Questions (202)

Clare Daly

Question:

202. Deputy Clare Daly asked the Minister for Education and Skills the steps he will to take to deal with the claims for redress made by victims of the Bethany Homes, who have produced evidence to show that the meet the terms of redress schemes. [42768/12]

Written answers

Minister for Education and Skills

I met with the representatives of the Bethany Home Survivors Group in May 2011. Having reviewed the papers on the Home, and having taken all the circumstances into account, I found no basis to revisit the decision of the previous Government not to include the Home with the Redress Scheme. That remains the position.

Schools Building Projects Status

Questions (203)

Niall Collins

Question:

203. Deputy Niall Collins asked the Minister for Education and Skills the position regarding the new secondary school building in Doon, County Limerick; and if he will make a statement on the matter. [42795/12]

Written answers

Minister for Education and Skills

The school referred to by the Deputy is among eight schools constituting the third bundle of school projects that are earmarked for delivery as part of the Department's overall Schools Public Private Partnership programme of works.

Unfortunately, unanticipated difficulties associated with the current fiscal situation have led to delays in achieving financial close. As a consequence, it has not been possible to conclude the contract with the preferred tenderer as had been originally planned. However, the expectation is that these difficulties will now be overcome later this year with the likelihood that the contract will be in place and the builder on site before the end of the calendar year. I look forward to this situation coming to pass.

School Funding

Questions (204)

Robert Troy

Question:

204. Deputy Robert Troy asked the Minister for Education and Skills if he will restore the minor works grant without delay and increase the capitation grant to prior levels. [42797/12]

Written answers

Minister for Education and Skills

At the launch of the Government's Medium Term Infrastructure and Capital Investment Framework last November, I said that the priority in the education sector is to focus on major school projects and smaller projects devolved to schools to meet demographic demands over the next five years. I indicated that given the need to concentrate on meeting the need for additional school places that it was unlikely that funding would be available for a minor works grant in the coming years.

As the Deputy is aware, Budget 2012 provided for a cut in capitation to schools of 2% in 2012 and, following the decision to stop the withdrawal of certain legacy teaching posts, a further 1.5% adjustment was imposed this year to offset the cost of retaining those posts.

I fully acknowledge that this reduction is challenging for schools. These reductions must be seen in the context of the major challenges we have as a Government in trying to shelter public services to the greatest extent that we can in these exceptional times.

School Funding

Questions (205)

Peter Mathews

Question:

205. Deputy Peter Mathews asked the Minister for Education and Skills if a decision has been reached in respect of funding for a school (details supplied) in Dublin 24; and if he will make a statement on the matter. [42812/12]

Written answers

Minister for Education and Skills

My Department has overall responsibility, under the Education Act 1998, for funding of recognised schools and does not have a separate funding stream in place to support stand alone projects such as that referred to by the Deputy.

However, my Department is currently liaising with the Department of Children and Youth Affairs (to whom an approach for funding has also been made) to explore how support might be provided to the young people currently attending the project in question through the formal education system. The outcome of these deliberations will be communicated to the leader of the project in due course.

Enhancing attendance, progression, retention and attainment are central elements of DEIS (Delivering Equality of Opportunity in Schools), the Action Plan for Educational Inclusion, which remains my Department's policy instrument to address educational disadvantage. There are 4 post primary and 18 primary schools participating in DEIS in the area referred to by the Deputy.

The School Completion Programme (SCP), with 6 projects in the Tallaght area, comprising 6 post-primary and 24 primary schools, is an important component of DEIS in targeting children and young people who are at risk of early school leaving. The programme is designed to directly target those in danger of dropping out of the education system by providing in-school, after-school, out-of-school and holiday time supports to enhance the young person's readiness to benefit from education.

Further Education and Training Programmes Provision

Questions (206)

Charlie McConalogue

Question:

206. Deputy Charlie McConalogue asked the Minister for Education and Skills his views on the entry requirements for FETAC level 5 courses; if he will review them in view of the case of a person (details supplied); and if he will make a statement on the matter. [42846/12]

Written answers

Minister for Education and Skills

I understand that the person referred to by the Deputy was offered a place on a course being delivered under the Vocational Training Opportunities Scheme (VTOS), subject to his eligibility being confirmed by the Department of Social Protection.

To be eligible to participate in a course under VTOS, a person must be over 21 years of age and in receipt of specified social protection payments for at least six months at the start of the course. I understand that it was later confirmed by that Department that while the person had been in receipt of one of the specified payments, he had not been in receipt of it for at least six months at the start of the course. Therefore, the person was not eligible to participate.

The person should contact the local VEC, in this case City of Dublin VEC, for information on other programmes that might be available.