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Wednesday, 16 Oct 2013

Written Answers Nos 1-20

UN Guiding Principles

Questions (1)

Seán Crowe

Question:

1. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if a national implementation plan for the United Nations guiding principles for business and human rights is currently being prepared, as requested by the European Commission in October 2011; and if there will be an opportunity for interested parties to participate in the formulation of such a plan. [43763/13]

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Written answers

On 16 June 2011, the UN Human Rights Council endorsed "Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”. The Commission Communication of October 2011, entitled “A renewed EU strategy 2011-14 for Corporate Social Responsibility” invited EU member States to develop national plans for the implementation of the UN Guiding Principles by the end of 2012. The EU Strategic Framework and Action Plan on Human Rights and Democracy, adopted by the Council of the European Union in June 2012, asked Member States to develop national plans on the implementation of the UN Guiding Principles in 2013. The Guiding Principles cover a range of issues which, in this State, span the policy responsibilities of a number of Government Departments and agencies. Consideration is being given as to how to address the Guiding Principles and how best to go about formulating our national action plan for their implementation. Government Departments will be examining how to take this forward in the coming period.

UN Guiding Principles

Questions (2)

Seán Crowe

Question:

2. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade the way in which he will ensure his commitment to the United Nations guiding principles on business and human rights, as set out in Irish Aid's One World, One Future, with regard to Irish companies operating outside of Ireland; and if the legal and policy guidance will be provided to companies regarding their human rights responsibilities when operating overseas. [43764/13]

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Written answers

In May, the Tánaiste and I launched the Government’s new policy for international development, ‘One World, One Future’. It delivers on the commitment in the Programme for Government to review the 2006 White Paper on Irish Aid and sets out the framework for Ireland’s engagement in international development over the coming years. I believe this new framework which will help bring greater coherence to our work, and enable us to better plan for and measure more comprehensively the results which our development efforts are achieving. The fight against global poverty and hunger remain at the heart of Ireland’s aid programme and our policies on international development. However, we are also placing a strong emphasis on responding to situations of fragility and conflict, on inclusive and equitable economic growth, and on the promotion and protection of human rights. Importantly, the new policy also promotes more rounded relationships with our Key Partner Countries stressing the need to bring economic and political relations further into our dialogue and work with them.

In this context, One World, One Future makes a commitment to ensuring that economic development, including engagement by Irish companies, is compatible with Ireland’s commitment to human rights. It states that we will be guided by the United Nations Guiding Principles on Business and Human Rights, which were endorsed by the UN Human Rights Council on 16 June 2011. These principles highlight the duty of states to protect against human rights abuses by third parties, the corporate responsibility to respect human rights and the need for victims to have access an appropriate remedy when violations take place. The Department of Foreign Affairs and Trade, which manages the Government’s development programme, is now preparing an implementation plan which will set out the steps to be taken to give effect to the commitments made in One World, One Future, including those on business and human rights. These steps will also inform the broader considerations by Government Departments on how best to develop a National Action Plan on the implementation of the UN Guiding Principles on Business and Human Rights.

Legislative Programme

Questions (3)

Barry Cowen

Question:

3. Deputy Barry Cowen asked the Tánaiste and Minister for Foreign Affairs and Trade the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43816/13]

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Written answers

I sponsored two items of legislation in 2012 - the European Communities (Amendment) Bill 2012 and the Thirtieth Amendment of the Constitution (Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) Bill 2012. Regulatory Impact Assessments are carried out on all legislation as necessary. However, most of the legislation brought forward by my Department does not impact significantly on the regulatory environment and since March 2011 no Regulatory Impact Assessments have been carried out by my Department.

Property Taxation Administration

Questions (4)

Niall Collins

Question:

4. Deputy Niall Collins asked the Minister for Finance if he will confirm that he has instructed South Dublin County Council to ensure that all property tax moneys raised in the county this year will be spent in the county; and if he will make a statement on the matter. [43774/13]

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Written answers

Section 157 of the Finance (Local Property Tax) Act 2012, as amended, provides that, in each financial year commencing with 2014, the Minister shall pay from the Central Fund or the growing produce thereof into the Local Government Fund an amount equivalent to the Local Property Tax, including any interest paid thereon, paid into the Central Fund during that year. Accordingly, receipts from the Local Property Tax received in 2013 will remain in the Exchequer and will be used to meet the many expenditure obligations faced by the State. The allocation to the Local Government Fund for 2013 had already been decided before the Local Property Tax commenced.

I can assure the Deputy that I have not been in correspondence with South Dublin County Council regarding the disbursement of Local Property Tax receipts and I am not empowered by the Act to instruct any local authority on how local property tax receipts should be spent.

NAMA Portfolio Issues

Questions (5)

Patrick Nulty

Question:

5. Deputy Patrick Nulty asked the Minister for Finance if he will consider amending the National Asset Management Agency legislation to allow all urban green space that has been left idle for five or more years to be given over for community use and turned into allotments that could be made available to persons out of work and people living on low incomes; and if he will make a statement on the matter. [43705/13]

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Written answers

As the Deputy will be aware, given the independence afforded to NAMA by the NAMA Act, and having established NAMA’s mandate through legislation, I have no role as Minister for Finance in relation to strategies applied by NAMA in fulfilling that mandate. NAMA’s role is that of a secured lender, like any bank they own the debt while the debtor or appointed liquidator still owns and controls the assets and is ultimately responsible for these assets, the Agency is therefore not in a position to compel its debtors and receivers to cede property either free of charge or at less than market value.

Decisions relating to the disposal of properties securing NAMA loans are an operational matter for the Board of NAMA which is guided by its commercial mandate under the NAMA Act 2009. Section 10 of the NAMA Act statutorily obliges NAMA to ‘obtain the best achievable return for the State’ from the management or its acquired loan portfolio. NAMA is obliged to carry out its functions in the context of the overriding commercial objective provided for by Section 10 of the Act and to recover the greatest amount possible for the taxpayer from the sale of loans and properties securing its loans.

NAMA fulfils its social obligation remit by facilitating a dialogue between NAMA debtors and 3rd parties so as to enable the latter to acquire suitable property for social, sporting and other public purposes. Importantly, the NAMA Board has committed to giving first refusal to any public authority, including Government departments, State agencies and local authorities, in respect of the purchase of property from NAMA debtors and receivers which may be suitable for their purposes. In line with this commitment, NAMA has accommodated the release of lands and property for schools, health care facilities, community and recreational amenities and other uses. Examples include:

- The identification of 4,350 houses and apartments for social housing

- The identification of more than 70 sites as potentially suitable for new schools

- The sale of sites to University College Dublin and University College Cork

- The sale of the Opera Centre site in Limerick to Limerick City Council

- The release of lands in Baldoyle, north Co. Dublin to Fingal County Council for parkland

- Co-funding, with Fingal County Council, of an N2-N3 link road through lands in west Dublin to facilitate identified development requirements

NAMA is also engaging with the Department of Health and the Health Service Executive in relation to possible sites and buildings for primary health care centres and other step-down and community health care facilities.

The Agency, therefore, whilst working to obtain the best achievable financial return for the taxpayer, is very open to realistic proposals that achieve desirable social objectives and there are numerous examples of this. In addition to NAMA’s on-going engagement with public bodies in relation to specific initiatives, such as social housing, it is open to any public body to identify its interest in lands and property securing the Agency’s loans.

I believe the approach determined by NAMA’s Board is contributing in terms of its primary commercial objective, while at the same time contributing to the achievement of wider public policy objectives. In light of this I do not intend to intervene, through legislative amendment or otherwise, in NAMA’s positive work in this area.

Social Insurance Rates

Questions (6)

Tom Fleming

Question:

6. Deputy Tom Fleming asked the Minister for Finance if he will give consideration to reducing employer PRSI in view of the fact that it will greatly assist in maintaining existing jobs and in creating thousands of new jobs throughout the country; and if he will make a statement on the matter. [43726/13]

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Written answers

The position is that it is the standard practice for the Minister for Finance to review all tax expenditures and reliefs including PRSI in the run up to annual Budget. On foot of the reviews carried out by my Department, yesterday I announced in my Budget Speech a package of 25 measures costing over €500m to promote jobs and growth. I believe that these measures will assist new business and small business and provide support for employers in almost every sector.

VAT Rate Application

Questions (7)

Tom Fleming

Question:

7. Deputy Tom Fleming asked the Minister for Finance in view of the decision to reduce the VAT rate from 13.5% to 9% and the significance of this reduction to the tourism sector in County Kerry and throughout the country and the very positive implications it has had on the industry in creating and maintaining jobs, giving value for money, if he will support the calls to keep the VAT rate at 9% and ensure that Ireland has a strong and competitive tourism industry going forward; and if he will make a statement on the matter. [43730/13]

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Written answers

As I announced in the Budget, the 9% VAT rate on tourism related activity will be retained.

IBRC Liquidation

Questions (8)

Alan Farrell

Question:

8. Deputy Alan Farrell asked the Minister for Finance his views on the recent revelations that Anglo Irish Bank overcharged customers by €1.2 billion; the amount overcharged to Irish customers between January 1990 and July 2004; and if he will make a statement on the matter. [43767/13]

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Written answers

The Special Liquidators have confirmed that Irish Bank Resolution Corporation Limited (the “Bank”) identified in June 2010 that it had a customer overcharging issue (i.e. there had been a difference between the interest rate charged to customers and the interest rate documented in the corresponding loan facility agreements) on customer loan accounts in the Republic of Ireland, US, Isle of Man and UK jurisdictions. I have been advised by the Special Liquidators that in July 2010 the Bank established an internal steering committee to oversee a forensic investigation into the circumstances surrounding this overcharging issue and to ensure that affected customers were fully refunded the overcharge amount together with appropriate compensation.

The Steering Committee informed the appropriate Regulatory Authorities of the issue and these Authorities were updated on the progress of the internal investigation.

A report on the forensic investigation was delivered to the Board of the Bank, and the Regulatory Authorities in December 2010. It identified overcharging affecting the majority of variable rate customer loan accounts in ROI, the Isle of Man and the US in the period from 1st of January 1990 to 31st July 2004. It further identified that approximately 25% of variable rate customer loan accounts in the UK were overcharged in the period from 1st September 1991 to 30th June 2005.

Project teams within the Bank calculated the amount of interest overcharge and compensation for every affected customer. Refunds plus compensation cheques were made available to affected customers in ROI, the US, the Isle of Man and the UK by the end of Q1, 2012.

The Special Liquidators can confirm that the total amount overcharged to customers was €45m.

VAT Rate Reductions

Questions (9)

Mary Mitchell O'Connor

Question:

9. Deputy Mary Mitchell O'Connor asked the Minister for Finance if he will reduce the 23% VAT rate on smoothie drinks as raw fruit and vegetables incur 0% VAT yet when processed into a smoothie drink they incur 23% VAT; and if he will make a statement on the matter. [43783/13]

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Written answers

I am advised by the Revenue Commissioners that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. The EU VAT Directive (Council Directive 2006/112/EC) generally provides that supplies of goods and services be chargeable to VAT at the standard rate but that lower rates are permitted in very limited circumstances. Food products can only benefit from the zero rating in accordance with Article 110 of the VAT Directive which permits the retention of the zero rate for “clearly defined social reasons” where the products were liable to VAT at the zero rate on 1 January 1991. This does not apply in the case of smoothies, and accordingly they are liable to VAT at the standard rate.

Insurance Coverage

Questions (10)

Seamus Healy

Question:

10. Deputy Seamus Healy asked the Minister for Finance if he will clarify the position whereby insurance companies are refusing to give insurance cover to customers who live in or near flood plains, or in places the Office of Public Works have put flood relief schemes in place at significant cost, for example Clonmel, County Tipperary; and if he will make a statement on the matter. [43803/13]

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Written answers

It should be noted at the outset that neither I nor the Central Bank can compel insurers to quote for business. The decision to provide any specific form of insurance cover and the price at which it is offered is a commercial matter based on the assessment an insurer will make of the risks involved. I understand that insurance companies as a matter of course carry out reviews of the risks that they are prepared to insure against and sometimes make a decision to discontinue certain types of cover which they consider high risk such as homes close to a river which has previously flooded. These types of decisions are made sometimes on the basis of their broad past experience rather than looking at the individual circumstances of householders.

The idea of making flood insurance compulsory has been considered. However, since it would never be possible to prevent insurance companies quoting based on the underlying risk, it would mean that in areas where there was likely to be regular flooding, the cost of insurance would almost certainly be prohibitive and could make premiums unaffordable for policyholders in general.

What the Government can do, however, is try to address the underlying flooding problem through appropriate remedial works where this is economically feasible. The Office of Public Works is committed to doing all it can to alleviate the impact of flooding through the provision of defences and by taking steps to manage and reduce flood risk in the future through a strategic and sustainable approach under the National Catchment Flood Risk Assessment & Management (CFRAM) Programme. This commitment is underpinned by a very significant capital works investment programme which, along with expenditure on maintenance of arterial drainage schemes, will see up to €250 million being spent on floor relief measures over a five year period.

The OPW aims at all times to ensure that any major flood relief works it carries out, either directly or which it funds local authorities to carry out on its behalf, are executed to a very high standard and, insofar as possible, offer protection against a 1 in 100 year flood event. The OPW has carried out extensive flood relief works in urban areas throughout the country since 1995 and it is satisfied that those works have been effective in protecting a significant number of properties from flood damage. The OPW inform me that works on the Clonmel flood relief schemes 2 main phases (West and North/East) are now completed and the properties previously at risk of flooding are now protected to a 1 in 100 year standard.

I am also informed that the OPW and the Irish Insurance Federation have been engaged in discussions to agree a system of information sharing in relation to completed flood alleviation schemes and works undertaken by the OPW or, in certain instances, by local authorities with OPW funding, and where the standard of protection afforded by these works could be verified.

These discussions are aimed at putting in place a process which will provide the necessary reassurance to insurance companies that remedial works have been carried out to a sufficiently high level to enable them re-commence the provision of flood cover in areas which previously have been vulnerable to flooding.

Agreement on the format of that information has been reached and the OPW has supplied an initial batch of information to Insurance Ireland, including the design standard and extent of benefitting properties and lands in a number of locations where capital flood protection works have been completed by OPW in recent years. The State has made a very significant investment in ensuring that households and businesses in Clonmel are protected from flooding and detailed information on the completed scheme/works has been provided in the agreed format to Insurance Ireland for dissemination to its member companies.

The OPW met with Insurance Ireland recently to review the arrangements and timelines for Insurance Ireland's constituent member companies to incorporate that information into their IT platforms and risk assessment systems. This work will take time but it is hoped that the insurance companies will be in a position to have their systems updated and operational before year end .

Legislative Programme

Questions (11)

Barry Cowen

Question:

11. Deputy Barry Cowen asked the Minister for Finance the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43815/13]

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Written answers

In response to the Deputy’s question my Department has published 15 bills and 3 impact assessments since March 2011. Details of the bills and impact assessments are as follows:

Bills

Finance (No. 2) Bill 2011

Finance (No. 3) Bill 2011

Insurance (Amendment) Act 2011

Central Bank and Credit Institutions (Resolution) (No. 2) Bill 2011

Central Bank (Supervision and Enforcement) Bill 2011

Fiscal Responsibility Act 2012

Finance (Local Property Tax) Bill 2012

Betting (Amendment) Bill 2012

Finance Bill 2012

Credit Union Bill 2012 – Credit Union and Co-operation with Overseas Regulators Act 2012

The Credit Reporting Bill, 2012

Betting (Amendment) Bill 2013

Finance (Local Property Tax) (Amendment) Bill 2013

Finance Bill 2013

Irish Bank Resolution Corporation Bill 2013

Impact Assessments published

Central Bank (Supervision and Enforcement) Bill 2011

Screening Regulatory Impact Assessment (RIA), Fiscal Responsibility Act 2012.

Credit Union Bill 2012 – Credit Union and Co-operation with Overseas Regulators Act 2012

Tax Rebates

Questions (12)

Michael Healy-Rae

Question:

12. Deputy Michael Healy-Rae asked the Minister for Finance his views on correspondence (details supplied) regarding a tax rebate; and if he will make a statement on the matter. [43823/13]

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Written answers

I am advised by the Revenue Commissioners that on 20th December 2012 the Taxpayer’s agent submitted a claim for Incapacitated Child Tax Credit for the four years covering 2008 to 2011 inclusive. Additional information requested in support of the claims was submitted to Revenue on 24th April 2013. The Incapacitated Child Tax Credit claimed was granted on 11th May 2013 and the Income Tax refunds arising for all four years were allowed in full, as the claims were received within the prescribed time limits. Section 865 Taxes Consolidation Act 1997, sets out the time limit for claiming Income Tax repayments. Generally speaking it provides that claims for repayment of tax must be made within four years of the end of the tax year to which the claim relates.

In this case the claims for repayment made by the Taxpayer, for the four years covering from 2008 to 2011 inclusive, were made within the four year time limit set out in Section 865 Taxes Consolidation Act 1997 and were allowed in full.

Credit Unions Regulation

Questions (13)

Dominic Hannigan

Question:

13. Deputy Dominic Hannigan asked the Minister for Finance if his attention has been drawn to the regulations for credit unions when a new customer wants to open an account or transfer one from a different credit union who is over 18 years old but has no proof of address as they are still living at home and in secondary school; if he is aware of the proof of address would be accepted; and if he will make a statement on the matter. [43862/13]

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Written answers

I have been advised by the Central Bank that where proof of identity is required, the industry standard is to adopt a “One plus One” approach meaning that one item should be sought from a list of official photographic identification documents such as a passport to verify the name and date of birth of a prospective customer, while a second item should be sought from a list of non-photographic identification documents in order to verify the prospective customer’s address. Depending on the Credit Union’s own risk assessment of the customer, additional ID verification may be required. The relevant statutory provision is set out in section 33(2)(a) of the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 – 2013. While it is up to each institution to decide on a risk based approach whether they will accept other forms of customer ID, the documentation set out above should be considered the standard expected to be applied in most cases to meet the obligation in section 33 of the Acts to confirm the identity of the customer.

However, guidelines which were devised by the Irish League of Credit Unions in January 2013 provide assistance to credit unions with younger prospective customers. These guidelines state that in exceptional circumstances and only in cases where the standard approach to customer identification and verification could not reasonably be expected, consideration may be given to (inter alia) address verification in writing, signed and on headed paper from a reputable third party. A third party could be an employer, school, college, money advisor, solicitor, priest, care-home or shelter manager, probation officer, government office or local authority official.

Tax Compliance

Questions (14)

Michael Conaghan

Question:

14. Deputy Michael Conaghan asked the Minister for Finance if he will provide a breakdown of the revenue lost through tax fraud by category in 2012 and every year since 2007. [43864/13]

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Tax Reliefs Application

Questions (15)

Patrick O'Donovan

Question:

15. Deputy Patrick O'Donovan asked the Minister for Finance if a person were to sell two parcels of land to buy one parcel of land would they qualify for land consolidation; and if he will make a statement on the matter. [43888/13]

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Written answers

As I pointed out in previous replies to PQs tabled by the Deputy in June of this year and earlier this month, I made provision in Budget 2013 for the following measure designed to assist farmers with consolidation of farm land. This measure followed on from measures in the previous year’s Budget which also supported farm expansion and the transfer of land. Section 48 of Finance Act 2013 provides for relief from capital gains tax on disposals of farm land for farm restructuring, subject to a Commencement Order, which I made on 6 June 2013. The terms of the relief are set out in Section 604B, Taxes Consolidation Act 1997.

The relief applies to a sale, purchase or exchange of agricultural land in the period from 1 January 2013 to 31 December 2015 where Teagasc has certified that a sale and purchase or an exchange of agricultural land was made for farm restructuring purposes. The initial sale or purchase, or the exchange, must occur in the relevant period and the subsequent sale or purchase must occur within 24 months of that sale or purchase.

Full relief from capital gains tax will be given where the consideration for the purchase or the exchange is equal to or exceeds the consideration for the sale or the other land that is exchanged. Where the consideration for the purchase or the exchange is less than the consideration for the land that is sold or the other land that is exchanged, relief will be given in the same proportion that the consideration for the land that is purchased or exchanged bears to the consideration for the land that is sold or the other land that is exchanged.

Provision is made for the clawback of the relief where qualifying land in respect of which relief has been given is disposed of within 5 years of the date of the purchase or exchange of that land. A clawback does not apply where the disposal arises under a compulsory purchase order.

A prerequisite to any disposal and acquisition of farm land qualifying for this relief is that an application for a farm restructuring certificate is made to Teagasc and that Teagasc grants such a certificate (that has not been withdrawn). Guidelines relating to the application for, and the issue of, a Farm Restructuring Certificate are available on the Department of Agriculture, Food and the Marine’s website.

Based on the limited facts presented, it is not possible to say definitively whether all conditions governing the relief are satisfied – in particular:

- Whether the lands are qualifying lands

- Whether or not the sales are as a result of a compulsory purchase order

- Whether the full proceeds of the sales are invested in the purchase of the new land

- Whether the person in question is an individual who spends not less than 50% of his or her normal working time farming.

School Transport Provision

Questions (16)

Stephen Donnelly

Question:

16. Deputy Stephen S. Donnelly asked the Minister for Education and Skills if he will clarify comments relating to school transport and Bus Éireann that Bus Éireann makes a profit but it is not a profit in a commercial sense; if he will reveal these non-commercial profits in tabular form annually from 2005 to date in 2013. [43747/13]

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Written answers

The position in relation to the school transport scheme has been repeatedly set out. As I advised the Deputy yesterday, Bus Éireann, which operates school transport services on behalf of my Department, maintains a separate account for the School Transport Scheme. This account is audited each year by independent auditors and accounts in respect of the last number of years are available on my Department's website. More recently, the school transport scheme has been the subject of a Commercial High Court case taken by Student Transport Scheme Ltd against the Minister for Education and Skills. This is currently the subject of a potential appeal by Student Transport Scheme Ltd to the Supreme Court. Bus Éireann has confirmed that it does not make a profit from the school transport scheme.

Student Grant Scheme Eligibility

Questions (17)

Charles Flanagan

Question:

17. Deputy Charles Flanagan asked the Minister for Education and Skills if a third level student, who is in receipt of the back to education allowance will receive a full maintenance grant if the household income falls below that of the income limits for a special rate of maintenance grant; and if he will make a statement on the matter. [43751/13]

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Written answers

Students who qualify for the Back to Education Allowance (BTEA), may be considered for support for the student contribution under the student grant scheme provided they satisfy the conditions of the relevant Student Grant Scheme and Student Support Regulations including those relating to , residence, nationality, approved course, previous academic attainment and means. To determine eligibility for the 2013/14 academic year it will be necessary for the student to submit a fully completed online grant application to Student Universal Support Ireland (SUSI) via www.susi.ie in respect of the cost of the student contribution and where applicable tuition fees.

From September 2010, all new applicants in receipt of the BTEA are no longer eligible for maintenance support under the student grant scheme. Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Officer in the third level institution attended. The fund is administered on a confidential, discretionary basis. In addition to the student grant, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners on www.revenue.ie

Haddington Road Agreement Implementation

Questions (18)

Peter Mathews

Question:

18. Deputy Peter Mathews asked the Minister for Education and Skills his views on a matter (details supplied) regarding the Haddington Road aAgreement; and if he will make a statement on the matter. [43710/13]

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Written answers

Department Circular 49/2013 sets out the position in relation to the Haddington Road Agreement and the Financial Emergency Measures in the Public Interest Act 2013 for teachers in post-primary schools and is available at the following address:http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0049_2013.pdf

The Agreement applies to teachers employed in Education and Training Board schools (apart from Designated Community Colleges). In general, the FEMPI Act continues to apply to teachers employed in Voluntary Secondary schools. In dual-union schools (Designated Community Colleges and Community and Comprehensive Schools), the FEMPI Act continues to apply to teachers who are not members of TUI.

While certain issues of dual representation require further consideration, the position set out above provides an initial basis for the implementation of the Haddington Road Agreement. It is stressed however, that the application of the Agreement is entirely conditional upon adherence to its terms by the teachers to whom it is applied.As is the norm with public service collective agreements, the Haddington Road Agreement was negotiated with trade unions which are recognised as representing staff in the public service (including teachers). It is normal practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector.

Special Educational Needs Staffing

Questions (19)

Dan Neville

Question:

19. Deputy Dan Neville asked the Minister for Education and Skills if an application for a special needs assistant will be considered in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [43746/13]

View answer

Written answers

I wish to advise the Deputy that the National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from schools for special educational needs supports, including the allocation of Special Needs Assistants (SNAs) to schools. The NCSE operates within my Department's established criteria for the allocation of Special Education supports and the staffing resources available to my Department.

All schools were advised to apply to the NCSE for resource teaching and SNA support for the 2013/14 school year by 15th March, 2013. The NCSE published details of all of their allocations for resource teaching and SNA support for the 2013/2014 school year in June. These details are now available on the NCSE website, www.ncse.ie, and detail the allocations made for each school on a per county basis. The NCSE subsequently requested all schools to submit outstanding applications for resource teaching and SNA support to the NCSE by 20th September, 2013. These applications are being processed by the NCSE.

Schools can contact the NCSE if they have enrolled children who were not considered at the time that the SNA allocations were made to schools, or where they are seeking a revision to the quantum of SNA support which has been allocated to them. In general, a revision to SNA allocations will only be made in circumstances where schools have enrolled new pupils, or where schools can demonstrate that they do not have sufficient SNA posts to cater for the care needs of all of the qualifying children in their school. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Special Educational Needs Staffing

Questions (20)

Robert Troy

Question:

20. Deputy Robert Troy asked the Minister for Education and Skills the change in criteria for allocating resource teachers; if his attention has been drawn to the fact that these changes have resulted in resource teachers being split between schools and spending considerable time travelling from place to place instead of working. [43756/13]

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Written answers

Shared full-time posts and travel between schools is a long standing feature of the primary system. There were a plethora of long-standing clustering arrangements in place which were not the most practical, efficient or cost effective way to allocate resources. In September 2012 new arrangements were introduced designed to address the limitations of the previous arrangements.Under the reforms to the teacher allocation process, schools were empowered to cluster and arrange their General Allocation Model resources in a manner that best suits their local needs, including in a manner that reduces travel between schools. This school led process has resulted in over 97% of the overall GAM/EAL allocation being in full-time stand-alone or shared posts.

The new arrangements relating to resource hours for individual pupils involved the allocation of a network of permanent posts in base schools and again are designed to make the system work more smoothly at school level. 85% of all NCSE approved resource teaching hours in the 2012/13 school year were allocated to schools that had resource base posts.

The staffing arrangements for the current school year 2013/14 are outlined in Circular 0013/2013 which is available on the Department website. Schools that have complied with the arrangements outlined in the circular will be given some discretion to operate, where possible, their own temporary local arrangements in relation to the day to day work arrangements of teachers in full-time shared posts. These arrangements are aimed at minimising any time lost in travelling between schools.

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