Thursday, 27 Feb 2014

Written Answers Nos. 82-94

IBRC Mortgage Loan Book

Questions (83)

Michael McCarthy

Question:

83. Deputy Michael McCarthy asked the Minister for Finance if his attention has been drawn to the concerns of Irish Bank Resolution Corporation, formerly Anglo Irish Bank, mortgage holders over plans to dispose of these mortgages as part of the wind-up of IBRC; the implications such a sale will have for the individual mortgage customers, including for the protections they currently have under the code of conduct on mortgage arrears and the mortgage arrears targets programme; and if he will make a statement on the matter. [10304/14]

Written answers

Minister for Finance

I am aware of the concerns of borrowers about the sale of the mortgage book as part of the liquidation of IBRC and in particular the concerns in relation to the Code of Conduct on Mortgage Arrears.  I have been advised by the Special Liquidators that the third party bidders who are bidding on the residential mortgage portfolios have confirmed that they will be directing that the mortgages are serviced in accordance with the terms of the CCMA. I welcome this voluntary agreement which will ensure that mortgage holders in arrears will continue to be serviced in line with the CCMA and the customers will continue to be protected by the code in the event that these bidders acquire the loan book.

I have been advised that there are a total of 4,175 Private Dwelling House mortgages that are in arrears in IBRC. Of these 78% are co-operating with the Mortgage Arrears Resolution Process (MARP). The Special Liquidators have restructured 38% of these MARP PDH Accounts and 6% are in the final stages of completion. The Special Liquidators are working towards a solution with 42% of these MARP PDH Accounts which, with borrower co-operation, they will endeavour to deal with before the sales process completes.  The Special Liquidators do not currently have sufficient information to devise a solution in respect of 14% of these MARP PDH Accounts however further information is being requested from the borrowers with a view to working towards a solution. Any acquirer of the IBRC loan book will be obliged to honor the terms of these restructured agreements entered into by IBRC.

Discussion are continuing between my officials and officials in the Central Bank in relation to the application of the CCMA to entities that are not regulated by the Central Bank of Ireland. The application of the code by unregulated entities is a positive development and is in the best interests of both borrower and lenders. However, as I have previously stated, if it becomes evident that the voluntary application of the code is not delivering the requisite protections for mortgage holders in arrears, I will bring forward the required legislation.

Mortgage Arrears Proposals

Questions (84)

Martin Heydon

Question:

84. Deputy Martin Heydon asked the Minister for Finance the number of split mortgage arrangements that have been agreed by the pillar banks with their mortgage holders; if this number is increasing in line with the demand for alternative arrangements by those with significant debts; and if he will make a statement on the matter. [10305/14]

Written answers

Minister for Finance

I wish to advise the Deputy that Bank of Ireland and AIB will announce their annual results for 2013 on the 3rd March and 5th March respectively. I have been informed by both banks that further detail in relation to their progress in dealing with mortgage arrears including the use of split mortgages will be contained in these financial statements.

Mortgage Data

Questions (85)

Lucinda Creighton

Question:

85. Deputy Lucinda Creighton asked the Minister for Finance if analysis was conducted by the special liquidator into the number of Irish Nationwide Building Society mortgage holders who would have bought back their own loans at a price greater than the independent valuation obtained for their individual loan if provided an opportunity to do so; if analysis was conducted assessing the total amount in euro that could be lost by selling back certain loans individually to individual borrowers and the excess as part of a portfolio transaction versus one single portfolio transaction sale; and if he will make a statement on the matter. [10317/14]

Written answers

Minister for Finance

There is an obligation on the Special Liquidators to ensure that maximum value is extracted from the loan sales process for the benefit of all the creditors of IBRC including the State. The sales process plan and timeline for the sale of the residential mortgage portfolio has been developed following professional advice and in light of requirements for a robust and credible sales process in that context.  Neither I nor my officials had any role in the development of the sales process plan for the residential mortgage book. 

The Special Liquidators have given significant consideration to and have sought independent advice from PWC in relation to how the residential mortgage portfolio is to be dealt with. Following that independent advice, the Special Liquidators have decided that the residential mortgage book would be sold in portfolios with a view to maximising market interest and return within the timelines set out in the Ministerial Instructions.

I am advised that it is for this reason that the Special Liquidators have decided not to accept any bids from individual mortgage holders, however mortgage holders are permitted to buy out their mortgage at par value and that there are no legislative barriers for such Borrowers to do so. The Special Liquidators will not be publishing the independent advice received in relation to the sales process and timeline as it is commercially sensitive information which could potentially have a detrimental impact on asset recovery from the impending sale process.

NAMA Operations

Questions (86)

Lucinda Creighton

Question:

86. Deputy Lucinda Creighton asked the Minister for Finance further to the statement read on his behalf if he will confirm that amending section 172 of the National Asset Management Agency Act is one of the areas being examined as part of the review of NAMA being carried out by his Department; and if he will make a statement on the matter. [10319/14]

Written answers

Minister for Finance

As I outlined in Question No. 46 on the 22nd of January 2014, Section 227 of the NAMA Act 2009 requires me to complete a review of NAMA every 5 years. The purpose of the review is to assess the extent to which NAMA has made progress toward achieving its overall objectives, and decide whether continuation of NAMA is necessary having regard to the purposes of the Act.

As part of this review my officials will examine sections of the NAMA Act which impact NAMA's overall objectives. However as stated in the Seanad Debate of the 21st of January, the Government does not see the requirement for a change to the legislation at this time.

Special Educational Needs Service Provision

Questions (87)

Joe Higgins

Question:

87. Deputy Joe Higgins asked the Minister for Education and Skills if he will ensure resource teaching hours are maintained in respect of a child (details supplied) in Dublin 15. [10084/14]

Written answers

Minister for Education and Skills (Deputy Ruairí Quinn)

I wish to advise the Deputy that my Department provides an extensive range of supports for pupils with Specific Speech and Language Disorder (SSLD). This includes provision for the establishment of special classes for pupils with SSLD in primary schools. Applications to establish such classes are considered by the school's assigned Special Educational Needs Organiser (SENO) and those meeting the criteria for establishment are approved by the National Council for Special Education (NCSE). Special classes may also be discontinued by the NCSE where the need no longer exists. The criteria for enrolment in a Special Class for pupils with SSLD is set out in my Department's Circular 0038/2007.

A full-time teacher is assigned to each class, and classes operate with a reduced pupil-teacher ratio of 7:1. In addition, an enhanced capitation grant is provided to schools operating special classes for pupils with SSLD. Speech and Language Therapy services are provided to these classes by the Health Service Executive (HSE). A minimum number of five eligible pupils is required for a school to retain a SSLD class. Eligible pupils may spend up to two years in such classes. Pupils who are not enrolled in a special class for SSLD and who meet the criteria for Specific Speech and Language Disorder, as outlined in my Department's Circular, may qualify for additional teaching support where he/she is enrolled in mainstream school. There are currently no plans to cut the provision of resource teaching hours for the coming school year.

Pupils with mild speech and language difficulties may qualify for supplementary teaching support from within the school's general allocation of learning support/teaching support. All mainstream Primary schools have been allocated additional teaching resources under the General Allocation Model (GAM) to cater for children with high incidence special educational needs. It is a matter for individual schools to use their professional judgement to identify pupils who will receive this support and to use the resources available to the school to intervene at the appropriate level with such pupils. Schools are guided by Department Circular 02/05 in the effective deployment of these resources.

Schools will shortly be requested by the National Council for Special Education (NCSE) to submit their applications to the NCSE for Resource Teaching support for pupils with special educational needs, for the 2014/15 school year, by 26th March, 2014.

The NCSE intend to advise school of their resource teaching allocations for low incidence special needs for the school year 2014/2015, by the end of May 2014. Finally, I wish to advise the Deputy that the provision of health supports, including Speech and Language Therapy services, is the responsibility of the Health Service Executive and concerns in relation to this particular issue should be directed to that body.

School Staffing

Questions (88)

Tom Fleming

Question:

88. Deputy Tom Fleming asked the Minister for Education and Skills if he will examine an appeal by a school (details supplied) in County Kerry to retain its current teacher complement; and if he will ensure that all the factors demonstrating the school's excellent record regarding learning support, social inclusion and projected increase in pupil numbers will be taken into account which strongly justifies the school's appeal submission. [9998/14]

Written answers

Minister for Education and Skills

The criteria used for the allocation of teachers to primary schools is published annually on the website of the Department of Education and Skills. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing arrangements for the 2014/15 school year (Circular 0007/2014) were published in January. The staffing schedule operates in a clear and transparent manner and treats all similar types of schools equally irrespective of location. It currently operates on the basis of a general average of 1 classroom teacher for every 28 pupils with lower thresholds for DEIS Band 1 schools.

As part of the Budget 2012 decisions, there is a phased increase in the number of pupils required to gain and retain a classroom teaching post in small primary schools with four teachers or less. The first phase of the budget measure took effect from September 2012. The final phase of the budget measure takes effect from September 2014.

An appeals process is available to small schools which have had their staff number reduced as a result of the budget measure. A school with four classroom teachers or less which is losing a teacher or failed to gain an additional teacher as a result of the Budget 2012 measure can submit an appeal to the Primary Staffing Appeals Board. Circular 0007/2014 provides the criteria under which schools can make an appeal. The Appeal Board operates independently of the Department and its decision is final.

The Government recognises that small schools are an important part of the social fabric of rural communities. They will continue to be a feature of our education landscape. In these extremely challenging times, all public servants are being asked to deliver our public services on a reduced level of resources and teachers in small schools cannot be immune from this requirement.

Gaelscoileanna Issues

Questions (89)

Catherine Murphy

Question:

89. Deputy Catherine Murphy asked the Minister for Education and Skills if the existing useable space in buildings at a school (details supplied) in County Kildare may be used in the medium term to provide accommodation for an additional Gaelcolaiste for the north Kildare area; and if he will make a statement on the matter. [10005/14]

Written answers

Minister for Education and Skills

A new post-primary school is opening next September in the area to which the Deputy refers. This new school will include an all-Irish Aonad.

The Patron of the new school is currently progressing the building of a new education campus through the planning process and this will provide permanent accommodation for the school and the Aonad.

My Department has confirmed, that if sufficient demand for education through the medium of Irish in the Aonad is demonstrated over a four-year cycle, consideration will be given by my Department to the establishment of an independent Gaelchóláiste. Accommodation issues will be dealt with at that time if this arises.

Proposed Legislation

Questions (90)

Brendan Griffin

Question:

90. Deputy Brendan Griffin asked the Minister for Education and Skills his plans to progress the Down's Syndrome (Equality of Access) Bill; and if he will make a statement on the matter. [10053/14]

Written answers

Minister for Education and Skills

The Government did not oppose the Private Members' Down's Syndrome (Equality of Access) Bill 2013, at Second Stage. This Bill has now been referred to the Oireachtas Committee on Education and Social Protection.

The NCSE report on Supporting Children with Special Educational Needs recommended that under a proposed new allocation model, all children, including those with Down syndrome, should be allocated additional resources in line with their level of need, rather than by disability category.

The NCSE also recommended that, in the short-term, pupils with Down syndrome in the Mild General Learning Disability category should continue to be supported by schools' Learning Support allocation in the same way as other pupils with a Mild GLD.

The NCSE Working Group charged with developing proposals for the new allocation model will bring its report to me before the end of the spring and any changes to the current allocation model will be considered in the light of the recommendations of that Group.

Schools Complaints Procedures

Questions (91)

Charlie McConalogue

Question:

91. Deputy Charlie McConalogue asked the Minister for Education and Skills if parents who are unhappy with the handling by a school board of management of an issue regarding their child can appeal a board of management's decision to his Department; if he is considering making changes to the current provisions pertaining to same; and if he will make a statement on the matter. [10064/14]

Written answers

Minister for Education and Skills

While this Department sets out the constitution of Boards of Management and rules of procedure it is not directly involved in the management of schools. Under the provisions of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school, and it is the Board of Management which employs the teachers at the school. The schools Board of Management is accountable to the school Patron.

Neither I nor officials of the Department have powers to investigate individual complaints, except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act. Accordingly, whereas the Department provides funding and policy direction for schools, the Department does not have the power to instruct schools to follow a particular course of direction with regard to individual complaint cases.

The Office of the Ombudsman for Children may independently investigate complaints relating to the actions or non-actions of a school recognised by the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the actions or non-actions of a school has, or may have, adversely affected the child. The office can be contacted at: Ombudsman for Children's Office, Millennium House, 52-56 Great Strand Street, Dublin 1; tel. [phone] or [phone] or email ([e-mail]).

I am committed to providing for a Parent and Student Charter. With this in mind, my Department is currently examining the legislative changes that could provide the statutory underpinning of such a charter and enable the detailed development of the charter in discussion with the relevant stakeholders, including parents and students. It remains my intention to publish my plans during the remainder of the current school year.

Residential Institutions

Questions (92)

Sandra McLellan

Question:

92. Deputy Sandra McLellan asked the Minister for Education and Skills the redress services that are being offered by Caranua; and if he will make a statement on the matter. [10075/14]

Written answers

Minister for Education and Skills

The Residential Institutions Statutory Fund, which uses the service name Caranua is an independent statutory body under the aegis of my Department, established to oversee the use of the cash contributions of up to €110 million, pledged by the religious congregations, to support the needs of some 15,000 survivors of institutional child abuse. Those former residents who received awards from the Residential Institutions Redress Board or equivalent Court awards or settlements eligible to apply to Caranua. To date some €74.8 million, comprising contributions of some €73.4 million and associated interest has been lodged to the investment account established by the National Treasury Management Agency on behalf of the Fund. Caranua published its criteria and guidelines and commenced accepting applications in January of this year. Those eligible can apply for approved services across a range of services, including mental health services, health and personal social services, education and housing services. I understand from enquiries made by my officials that Caranua has now received almost 2,000 applications since January 6th when it began to accept them. The first part of the application process is to verify that an applicant is actually eligible to apply. Once this has been confirmed applicants are then appointed an advisor. The role of the advisor is to provide any necessary assistance to the making of an application for services and to issue second stage application forms and this process is in train. Further information regarding Caranua's services is available on its website www.caranua.ie.

Home Tuition Scheme Provision

Questions (93)

Thomas P. Broughan

Question:

93. Deputy Thomas P. Broughan asked the Minister for Education and Skills if professionals other than teachers registering with the Teaching Council in order to comply with Circular 0006/2013 home tuition scheme 2013-2014 are only permitted to be registered as such for a limited period of time. [10080/14]

Written answers

Minister for Education and Skills

As home tuition takes place outside the usual school structure it is important that home tutors are qualified to provide an educational programme. It is appropriate therefore that the qualification standard in the Home Tuition Scheme generally reflects that required in a school environment.

The qualification requirements for tutors providing home tuition to children have not changed. It remains the case that home tutors should be fully qualified teachers. When it is not possible to recruit a fully qualified teacher then alternative appropriate third level qualifications may be acceptable.

From this year, my Department requires that an applicant for a position as a home tutor be registered or have applied for registration with the Teaching Council of Ireland, the body with statutory authority for the recognition and registration of teachers.

A tutor with acceptable third level qualifications will be considered for registration in line with the standard Teaching Council criteria. Under the Teaching Council [Registration] Regulations 2009 a person may apply for registration as a teacher in Primary, Post primary, Further Education, Montessori and other categories. Enquiries regarding applications for registration as a teacher should be made directly to the Teaching Council.

Information is not available on the number of persons who applied to register as a teacher with the Teaching Council following publication of Circular 0006/2013.

The requirement that an applicant for a position as a home tutor applies for registration as a teacher with the Teaching Council provides a mechanism to ensure that they undergo garda vetting, as this is part of the Teaching Council process for registration.

Education Policy

Questions (94)

Thomas P. Broughan

Question:

94. Deputy Thomas P. Broughan asked the Minister for Education and Skills further to Parliamentary Question No. 287 of 5 November 2013, if applied behavioural analysis is used in the 76 early intervention classes for children with autism provided in recognised primary and special schools; and if ABA is used in some of these classes, if he will specify the number of schools using this method. [10081/14]

Written answers

Minister for Education and Skills

As my Department promotes a child-centred approach to the education of children with autism, it is a matter for schools to determine the approach or mix of approaches which they will use. Accordingly details on the number of early intervention classes for children with autism who use ABA are not available.

The Deputy will be aware from my previous response that my Department's policy is to promote a child-centred approach to education of all children with special educational needs including those with autism. The preferred approach 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.

As each child with autism is unique they should have access to a range of different approaches to meet their individual needs. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, including Applied Behaviour Analysis (ABA), Treatment and Education of Autistic Communication Handicapped Children (TEACCH) and Picture Exchange Communications System (PECS). My Department supports the use of ABA and training is provided for teachers in its use.