Tuesday, 20 Nov 2012

Written Answers Nos. 227-246

VAT Rates Application

Questions (227)

Dominic Hannigan

Question:

227. Deputy Dominic Hannigan asked the Minister for Finance his plans to make defibrillators a zero rated or VAT exempt item in Budget 2013; and if he will make a statement on the matter. [51448/12]

Written answers

Minister for Finance

The VAT rating of goods and services is constrained by the requirements of EU VAT law with which Irish VAT law must comply. Defibrillators, other than implantable defibrillators, are liable to VAT at the standard rate, currently 23%. There is no provision in VAT law that would make it possible to exempt from VAT or apply a zero rate to the supply of such products. Under the EU VAT Directive, Member States may retain the zero rate on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services.

Mortgage Resolution Processes

Questions (228)

Michael McCarthy

Question:

228. Deputy Michael McCarthy asked the Minister for Finance if he will advise on a mortgage situation in respect of a person (details supplied) in County Cork; the options available to the person concerned; and if he will make a statement on the matter. [51478/12]

Written answers

Minister for Finance

The Deputy will appreciate that it would not be appropriate for me to advise or comment on individual cases, however the key advice for any mortgage holder experiencing difficulties with their mortgage is to engage at an early stage with their bank.

From an overall public policy perspective, a number of steps have been taken to protect all homeowners experiencing mortgage difficulty. The Central Bank’s Code of Conduct on Mortgage Arrears is a key protection and provides that each bank must put in place a formal Mortgage Arrears Resolution Process to deal with its mortgage customers who are in arrears or pre-arrears and for the establishment of dedicated arrears support units and appeals processes to handle such cases. The Code highlights the importance of a borrower contacting their lender when they are in arrears or pre-arrears. A key protection is a 12 month moratorium on action by lenders. The Central Bank has published a guide for consumers on mortgage arrears called ‘Mortgage Arrears – A Consumer Guide to Dealing with your Lender’ and this is available on the Central Bank website:

http://www.centralbank.ie/regulation/processes/consumer-protection-code/Documents/Consumer%20Booklet%20-%20FINAL%20Feb%202011.pdf .

The Government is committed to advancing appropriate measures to assist those mortgage holders who are experiencing real and genuine difficulty. In this regard, the Government is now actively implementing the main recommendations contained in the ‘Keane Report’.

A number of significant milestones have now been achieved:-

- The Personal Insolvency Bill was published last June and the Bill has been progressed by the Minister for Justice, Equality and Defence and Dáil Report stage on the Bill has recently concluded.

- The Minister for Housing and Planning has formally launched the “mortgage to rent” scheme on a nationwide basis;

- Lenders have now provided details to the Central Bank on their proposed forbearance and loan modification options for appropriate cases. The roll out of these options commenced in the final quarter of this year with Central Bank oversight;

- Also an extensive independent mortgage advice framework has now been put in place by the Minister of Social Protection comprising (i) an enhanced website www.keepingyourhome.ie (ii) a Mortgage Arrears information helpline, and (iii) the provision of free independent ‘one-to-one’ professional financial advice to borrowers when considering a long term forbearance/resolution offer from their lender. The list of accountants providing this service is located on the www.keepingyourhome.ie website.

The general policy issue of mortgage arrears is of the utmost importance to Government and in recognition of this, the Taoiseach is chairing a special Government committee on mortgage arrears to oversee the overall Government response to tackle the problem. In addition to this, a high level Steering Group, chaired by the Department of Finance, is continuing to drive the implementation of the recommendations set out in the Inter-Departmental Group on Mortgage Arrears (the ‘Keane Report’) at official level.

NAMA Staff Remuneration

Questions (229)

Pearse Doherty

Question:

229. Deputy Pearse Doherty asked the Minister for Finance if he will list the non-pay allowances made to the National Asset Management Agency executives and employees, including the provision of cars, private health insurance, credit cards for entertaining and moving allowances; if he will list each separate allowance paid in individual detail, including car type, insurance premia, sums allowed on credit cards and types of health policies. [51486/12]

Written answers

Minister for Finance

The National Asset Management Agency (NAMA) has no employees. Rather, under Section 42 of the NAMA Act 2009, the National Treasury Management Agency (NTMA) assigns staff to NAMA. I am informed by the NTMA that a company car and health insurance are included in the remuneration package of the NAMA CEO. The value of these benefits (€24,483 in 2011) is published in NAMA’s Financial Statements included in its Annual Report which is available on the website www.nama.ie. Car allowances and health insurance are included in the remuneration packages of a limited number of NTMA staff assigned to NAMA. Credit cards are provided for legitimate business expenses only to a limited number of staff, subject to receipts being submitted. Entertainment allowances are not provided. Relocation expenses, subject to receipts, have been given in a limited number of cases where the NTMA has recruited people to NAMA from abroad.

Bank Charges

Questions (230)

Michael McGrath

Question:

230. Deputy Michael McGrath asked the Minister for Finance the number of customers affected and the total value of bank fees and interest refunded to customers in respect of AIB's review of mortgage and loan repayments which fall due on non-calendar dates; and if he will make a statement on the matter. [51501/12]

Written answers

Minister for Finance

I am informed by AIB that as a result of its review of mortgage and loan repayments which fall due on non-calendar date’s 27,894 accounts were impacted with €117,502 of bank fees and interest refunded to customers. The issue related to loan repayments falling due on the 29th, 30th or 31st of a month which did not include those calendar days.

The Terms & Conditions on Personal Loans and Mortgages stated that if a customer’s repayment was due on a day the Bank was not open for business, then the customer must pay it on the next business day. If a customer’s repayment was due on the 29th, 30th, or 31st day of a calendar month which did not include these dates, the customer must pay it on the first business day of the next calendar month.

AIB has indicated that there was inconsistency between what was stated on the Banks Terms & Conditions in relation to payment dates for collection of such repayments and the payment dates on which the Bank Accounting system actually collected these repayments.

AIB has also informed me that this has since been rectified with changes to Terms and Conditions for new Personal Loans and Mortgages. All accounts impacted by the issues were refunded on 26th June 2012.

National Treasury Management Agency Remuneration

Questions (231)

Michael McGrath

Question:

231. Deputy Michael McGrath asked the Minister for Finance if he will provide details of the employees of the National Treasury Management Agency including the National Asset Management Agency who have taken a voluntary pay reduction and to show their official salary, their reduced salary; if he will confirm which is their pensionable salary; and if he will make a statement on the matter. [51530/12]

Written answers

Minister for Finance

All fifteen NTMA employees whose salaries exceed €200,000 agreed to my request of December 2011 that they waive 15% of salary or such amount of salary as exceeds €200,000 if application of the full 15% reduction would bring their salary to below €200,000. This reduction is being effected through the gifting of a proportion of salary to the Exchequer under Section 483 of the Taxes Consolidation Act 1997. Gifting of a proportion of salary to the Exchequer under this provision does not affect the calculation of pension benefits. The remuneration packages of the NTMA and NAMA chief executives are published in the Financial Statements of the relevant bodies included in their respective annual reports which are available on the websites www.ntma.ie and www.nama.ie. In respect of 2011 the details were as follows:

Chief Executive NTMA

Salary	€490,000
Taxable benefits (car and health insurance)	€28,635

The Chief Executive waived any consideration for performance-related pay in respect of 2010 and 2011.

Applying the 15% reduction agreed by the Chief Executive brings his salary to €416,500.

Chief Executive NAMA

Salary	€430,000
Taxable benefits (car and health insurance)	€24,483

The Chief Executive waived any consideration for performance-related pay in respect of 2010 and 2011.

Applying the 15% reduction agreed by the Chief Executive brings his salary to €365,500.

The Public Service Pension Deduction is applied to the Chief Executives of the NTMA and NAMA. They are members of the NTMA defined benefit superannuation scheme and as members of the scheme prior to 1 January 2010 their pension benefits are based on final salary. The pension benefits of members who joined the scheme on or after 1 January 2010 are based on career average earnings. Unlike most public pension schemes which are funded on a pay-as-you-go basis, the NTMA superannuation scheme is a funded scheme. Pension entitlements are within the standard entitlements in the model public sector defined benefit superannuation scheme. Pension contributions are not paid to individual employees – they are paid into the scheme. The level of potential pension payments to members is dependent on length of service, based on final salary or career average earnings, with 1/80th of salary accruing for each year of service.

Tax Code

Questions (232)

Brendan Griffin

Question:

232. Deputy Brendan Griffin asked the Minister for Finance the number of years accounts details that the Revenue Commissioners may demand from persons in the course of their investigations; the period that they can go back; and if he will make a statement on the matter. [51562/12]

Written answers

Minister for Finance

I am informed by the Revenue Commissioners that, in accordance with the provisions of Section 886 of the Taxes Consolidation Act 1997, taxpayers must keep their records (which includes accounts) for a period of 6 years after the completion of the transactions to which the records relate or, in the case of a person who fails to file a timely tax return, until the expiry of a period of 6 years from the end of the year of assessment in which such return is filed.

In accordance with Section 956 of the Taxes Consolidation Act 1997, Revenue may ordinarily make enquiries in relation to a taxpayer's tax affairs at any time in the 4 years after the end of a year of assessment in which the taxpayer has filed a tax return. However, in cases where they have reasonable grounds for believing that a taxpayer has completed a tax return in a fraudulent or negligent manner, Revenue are not limited to this 4 year period and may, subject to a taxpayer's right of appeal to the Appeal Commissioners, investigate suspected fraud or neglect for any period.

Expenditure Reviews

Questions (233)

Charlie McConalogue

Question:

233. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will respond to recent reports that savings required in the education budget in December will exceed the €77 million identified as part of last year's comprehensive expenditure review; and if he will make a statement on the matter. [51422/12]

Written answers

Minister for Education and Skills

Under the expenditure ceilings set as part of last year's Comprehensive Expenditure Review, my Department is required to secure savings on current expenditure of €77 million in 2013.

Due to the size and complexity of the Education and Skills Vote it is normal, and has been the case in recent years, for upward expenditure pressures to emerge in any given year. The net effect of these emerging pressures in 2013, after taking account of offsetting savings arising in other areas, will not be known until closer to the end of this year. However, it is currently anticipated that net upward pressures of the order of €13 million will have to be met in 2013. This means that I will have a requirement to secure overall savings and efficiencies of some €90 million to remain within the 2013 ceiling for my Vote.

The upward expenditure pressures identified relate mainly to pay expenditure for teachers and Special Needs Assistants, as well as to a projected reduction in Appropriations-in-Aid receipts. They pressures will be partly offset by anticipated reduced expenditure on a range of other subheads.

Student Grant Scheme Applications

Questions (234)

Robert Troy

Question:

234. Deputy Robert Troy asked the Minister for Education and Skills if he will expedite a grant application in respect of a person (details supplied). [50893/12]

Written answers

Minister for Education and Skills

Officials in my Department have confirmed with SUSI, the new centralised grant awarding authority, that on the 19th November, 2012 a request for further documentation was issued to the student referred to by the Deputy. When the requested documentation is returned the student will be notified directly of the outcome.

School Transport Eligibility

Questions (235)

Nicky McFadden

Question:

235. Deputy Nicky McFadden asked the Minister for Education and Skills if waivers are available within the school transport scheme for families (details supplied) in County Westmeath who do not have the financial means to pay school transport costs; if he acknowledges that some students attend for viable reasons a particular school that is not the closest one to their home; and if he will make a statement on the matter. [50941/12]

Written answers

Minister of State at the Department of Education and Skills

Under the terms of my Department's Post Primary School Transport Scheme, children are eligible for school transport where they reside not less than 4.8 kms from and are attending their nearest education centre as determined by my Department/Bus Éireann, having regard to ethos and language.

Bus Éireann, which operates the school transport scheme on behalf of my Department, has advised that the child in question is not attending his nearest education centre and is therefore not eligible for school transport in accordance with the above criteria.

Children who are not eligible for school transport may apply to Bus Éireann for transport on a concessionary basis provided there are spare seats available on the service, and the appropriate annual charge is paid.

Children who are eligible for school transport and who hold valid medical cards (GMS) are exempt from paying the annual charge. While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport is to the nearest school.

Capitation Grants

Questions (236)

Denis Naughten

Question:

236. Deputy Denis Naughten asked the Minister for Education and Skills the grants that were cut in respect of a school (details supplied) this school year and the date on which the school was notified of these cuts; and if he will make a statement on the matter. [50946/12]

Written answers

Minister for Education and Skills

As the Deputy is aware Budget 2012 provided for a 2% reduction in the funding for capitation and related grants to primary and second level schools in both 2012 and 2013 and a further 1% in 2014 and 2015.

Due to my decision last February to retain posts from previous disadvantage schemes in DEIS Band 1 and Band 2 primary schools, it was necessary to generate alternative savings within the primary education budget. This was achieved by bringing forward to this year 1.5% of the 2% reduction in overall capitation funding originally scheduled for 2013.

I understand, from contact that my officials have made with the Deputy's office that Deputy is also referring to the issue of schools seeking financial contributions from parents.

Voluntary contributions by parents of pupils in recognised primary schools are permissible provided it is made absolutely clear to parents that there is no question of compulsion to pay and that, in making a contribution, they are doing so of their own volition. The manner in which such voluntary contributions are sought and collected is a matter for school management; however their collection should be such as not to create a situation where either parents or pupils could reasonably infer that the contributions take on a compulsory character.

Special Educational Needs Services Provision

Questions (237)

Mary Mitchell O'Connor

Question:

237. Deputy Mary Mitchell O'Connor asked the Minister for Education and Skills his plans to review the present situation whereby a student in a public private school is entitled to a special needs assistant and a student in a private primary school is not so entitled; and if he will make a statement on the matter. [50961/12]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that my Department provides resources to State-recognised schools to ensure that children with special educational needs have access to an appropriate education with additional supports as necessary. The NCSE is responsible, through its network of local Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports, including Special Needs Assistant (SNA) support.

The State recognises the rights of parents and guardians as primary educators and respects their right to send their child to a school of their choice. Should parents choose not to avail of State-recognised schooling and to select a private school, this is entirely a matter of their choosing. My Department's policy is not, however, to provide special educational needs supports, including SNA support, to private primary schools in circumstances where State primary school placements are available.

Schools Building Projects Status

Questions (238)

Alan Farrell

Question:

238. Deputy Alan Farrell asked the Minister for Education and Skills if he will advise on the tendering process for building the eight proposed new schools to be funded by the European Investment Bank Private Public Partnership; the conditions of eligibility that will apply; if the process will be open to developers in receipt of assistance through the National Assets Management Agency; and if he will make a statement on the matter. [51001/12]

Written answers

Minister for Education and Skills

I wish to clarify for the Deputy that a preferred tenderer (BAM PPP) was appointed in September 2011 following which planning applications were submitted for each of the sites. Grant of planning was received for the last of the sites in May 2012. The contract was awarded to BAM on Friday 9th November and construction of the eight schools has now commenced.

Home Tuition Scheme Provision

Questions (239)

Peter Mathews

Question:

239. Deputy Peter Mathews asked the Minister for Education and Skills when a decision on a home tuition grant will issue in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [51039/12]

Written answers

Minister for Education and Skills

The Home Tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement.

Parents engage tutors directly and the grant is paid to the parent either on a monthly basis in arrears or where possible in advance to assist parents cover the cost of engaging a tutor.

Home tuition in the case referred to by the Deputy was approved by my Department for the period 22 October 2012 to 28 June 2013. A claim for the grant aid to be paid in advance was received by my Department on 7 November 2012.

I am pleased to inform the Deputy that the claim has been processed and payment will be transferred to the nominated bank account on 19 November 2012.

Student Grant Scheme Applications

Questions (240)

Niall Collins

Question:

240. Deputy Niall Collins asked the Minister for Education and Skills the position regarding a higher education grant in respect of a person (details supplied) in County Cork. [51046/12]

Written answers

Minister for Education and Skills

Officials in my Department have confirmed with Student Universal Ireland (SUSI), the new centralised grant awarding authority, that the student referred to by the Deputy submitted a grant application after the closing date on the 14th September. While SUSI are still accepting late applications priority is being given to applications that were received before the closing date. Supporting documentation has been requested. When the documentation is returned to SUSI the student will be notified directly of the outcome.

Teachers' Remuneration

Questions (241)

Brian Walsh

Question:

241. Deputy Brian Walsh asked the Minister for Education and Skills the reason a person (details supplied) working as a qualified substitute teacher is being remunerated at less than the current standard rate of substitute pay. [51056/12]

Written answers

Minister for Education and Skills

The person referred to by the Deputy is now re-graded to the correct salary and arrears will issue to him on 22nd November.

School Accommodation

Questions (242)

Micheál Martin

Question:

242. Deputy Micheál Martin asked the Minister for Education and Skills his plans to provide new school accommodation for a school (details supplied) in Dublin 24; if he appreciates the concern of the local community in dealing with this issue; and if he will make a statement on the matter. [51086/12]

Written answers

Minister for Education and Skills

I can confirm to the Deputy that my Department is currently considering the position relating to the accommodation needs of the school to which he refers. My officials are liaising with the school authorities in this regard.

Special Educational Needs Services Provision

Questions (243)

Finian McGrath

Question:

243. Deputy Finian McGrath asked the Minister for Education and Skills if he will support the matter of applied behavioural analysis education for children with autism. [51102/12]

Written answers

Minister for Education and Skills

My Department's position is that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs. Applied Behavioural Analysis, or ABA, is one of the approaches used in special classes for children with autism.

The use of ABA as part of the range of interventions is particularly useful for addressing behavioural issues. My Department supports the use of ABA and training is provided for teachers in its use. However, the Department does not accept, based on research, advice and best practice, that ABA should be the only approach used. While ABA helps to improve behaviour, other approaches, such as Treatment and Education of Autistic Communication Handicapped Children (TEACCH), Picture Exchange Communications System (PECS) are just as important in developing children's communication and speech skills. It is important that children have access to a range of approaches so that their broader needs can be met. As children differ significantly from one another and as children's needs vary and change over time, it is not possible to impose a method or approach that will work for all children with autism. This child centred approach is based on advice received from international experts on autism, NEPS, the Inspectorate and the report of the Irish Task Force on Autism.

The Deputy may be interested to note that teachers in special schools have been using ABA principles for more than 25 years. ABA involves the systematic application, at any time during the child's day, of behavioural principles to modify behaviour. The effectiveness of behavioural interventions to improve the performance of children with autism and to ameliorate behavioural difficulties has been recognized for decades.

To clarify the position regarding psychological assessment reports prepared by health service staff which identify a child's educational needs, the Health Service Executive (HSE) circulated guidance to their staff earlier this year. The guidance clarified that, if a report prepared by HSE staff identifies a child's educational needs the report should not specify how the education sector should meet those needs.

Student Grant Scheme Application Numbers

Questions (244, 245)

Pearse Doherty

Question:

244. Deputy Pearse Doherty asked the Minister for Education and Skills if he will provide the volume and value of third level grants paid by 13 November 2011 in respect of grant applications submitted in 2011. [51147/12]

Pearse Doherty

Question:

245. Deputy Pearse Doherty asked the Minister for Education and Skills if he will provide the volume and value of third level grants paid to date in respect of grant applications submitted in 2012. [51148/12]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 244 and 245 together.

The data in relation to the number and value of student grants paid by the 13 November 2011 is not available in my Department.

SUSI, the new centralised grant awarding authority as at the 16th November, 2012 paid student maintenance grants to some 4,420 students to the value of €1,385,291.42. In addition fee grants to the value of €1,467,657.92 have also been paid in respect of a number of students. This data has been supplied to my Department by SUSI.

SUSI is continuing to make payments on a weekly basis to ensure students can get paid their grant as expeditiously as possible, once they have been awarded a grant. All new student grants approved for this academic year will be paid by electronic funds transfer on a monthly basis directly to students' bank accounts, rather than by cheque to the relevant college. Those awarded a grant must supply bank account details and confirmation of registration must be received from the institution in order for the first instalment to be paid.

Special Educational Needs Services Provision

Questions (246)

Simon Harris

Question:

246. Deputy Simon Harris asked the Minister for Education and Skills the way that he oversees the operation of autism spectrum disorders units; the supports and training provided for staff in these units; the standards and best practice models being utilised to ensure these ADS units are maximised to their potential; the number of ASD units currently in place in primary and secondary schools and the number of children enrolled at both primary and secondary level; and if he will make a statement on the matter. [51156/12]

Written answers

Minister for Education and Skills

My Department strives to ensure that a continuum of special education provision is available as required for children with special educational needs. In line with this approach the policy is to promote a child-centred approach to education of all children with special educational needs including those with autism. As each child with autism is unique they should have access to a range of different approaches to meet their individual needs.

Children with autism present with a wide range of needs. Some children are capable of being fully integrated into mainstream schools without additional teaching or care supports. Others are able to attend mainstream schools but need additional teaching and/or care assistance. Many are best enrolled in autism-specific classes where more intensive and supportive interventions are required. Some may move from one setting to another as they get older and differing needs/strengths/abilities emerge.

The preferred policy of my Department is that children with autism are educated in school settings where children may have access to individualised education programmes (IEPs), fully-qualified professional teachers, special needs assistants, the appropriate school curriculum with the option, where possible and appropriate, of full or partial integration and interaction with other pupils.

The Deputy will be familiar with the standards associated with qualified teachers, the registration of qualified teachers required by the Teaching Council, the probationary process, whereby teachers are supported and advised by the inspectorate during their first year of teaching. Furthermore the Department recognises that specialised training and continued professional development (CPD) is important for staff working with children with special educational needs and supports the provision of CPD through the Special Education Support Service (SESS) which was specifically established for this purpose. The SESS co-ordinates and delivers a range of professional development initiatives and support structures for school personnel working with students with special educational needs.

Autism classes are established with a staffing ratio of 1 teacher and a minimum of 2 Special Needs Assistants (SNAs) for every 6 children. Other SNAs may be allocated if required to meet the care needs of the children. Start-up grants are provided to the schools to enable special equipment to be purchased. Enhanced capitation is paid in respect of each child and assistive technology is funded where this is recommended.

The Deputy will be aware that the establishment of a network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. In excess of 540 classes have now been approved around the country at primary and post primary level, including many in special schools. Thirteen new special schools for children with autism were granted official recognition in 2010 having been funded by my Department as centres in a pilot project for a number of years. The number of pupils enrolled in these classes are not readily available but I have arranged for them to be compiled and forwarded directly to the Deputy.