Written Answers Nos. 59-76
59. Deputy Lucinda Creighton asked the Minister for Finance the value that the 2% of borrowers par value loans represent as a percentage of the entire Irish Bank Resolution Corporation loan book; and if he will make a statement on the matter. [10875/14]
View answerI am advised by the Special Liquidators that 2% of borrowers were not allowed to bid for their own loans. The Special Liqidators would like to clarify that they have stated that 33 Borrower Groups, representing 0.2% of total Borrower Groups, were and are being offered for sale on a standalone basis.
The total par value of these 33 Borrower Groups will not be disclosed as this is commercially sensitive information.
60. Deputy Sean Fleming asked the Minister for Finance the implications for agencies funded by his Department that fail to comply with consolidated public sector pay scales by continuing to make top-up payments to staff; when he expects this issue to be definitively resolved; and if he will make a statement on the matter. [10915/14]
View answerIn response to the Deputy's question bodies under the aegis of my Department are fully compliant with the consolidated public sector pay scales and top-up payments have not been made to staff of these agencies.
61. Deputy Dara Calleary asked the Minister for Finance his views on recommendation 6.3.1 of the Entrepreneurship Forum report in relation to personal guarantees; if he has had any discussions with the Central Bank around this issue; and if he will make a statement on the matter. [10956/14]
View answerThe Central Bank's Code of Conduct for Business Lending to Small and Medium Enterprises provides that a regulated entity must not impose unreasonable personal guarantee requirements on borrowers. In addition, where a regulated entity seeks collateral or a personal guarantee to support a lending proposition it must explain clearly the possible implications for the guarantor of giving such collateral or personal guarantee. Any enforcement of a personal guarantee over a principal private residence must be in accordance with the Code of Conduct on Mortgage Arrears.
An SME is entitled to apply for a review by the Credit Review Office where the borrower considers that the terms or conditions attached to a credit facility or its price are so onerous as to amount to a constructive refusal. This could include unreasonable personal guarantees.
Personal guarantees make the guarantor liable in the event of the SME being unable to meet its liabilities and may make the guarantor personally liable for the debts of a limited company. I would strongly advise SMEs to ensure that they have independent expert advice on the possible consequences of giving personal guarantees.
62. Deputy Jack Wall asked the Minister for Education and Skills his view on correspondence (details supplied) regarding school transport; the procedure he will establish to ensure the safety concerns of the many parents as outlined in the document will be addressed; and if he will make a statement on the matter. [10713/14]
View answer63. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding school transport in areas (details supplied); and if he will make a statement on the matter. [10780/14]
View answerI propose to take Questions Nos. 62 and 63 together.
Changes to the Post Primary School Transport Scheme mean that from the 2012/13 school year, eligibility for all children newly entering a post primary school is determined by reference to the distance they reside from their nearest Post-Primary Education Centre having regard, as heretofore, to ethos and language.
In general, existing eligible and catchment boundary children including those who are not attending their nearest post primary centre retain their transport eligibility for the duration of their post primary education cycle provided there is no change to their current circumstances.
Siblings of these children and other children who are not eligible for school transport, may apply for transport on a concessionary basis in accordance with the terms of the Post Primary School Transport Scheme. Only children who are eligible for school transport and who hold valid medical cards (GMS Scheme) are exempt from paying the annual charge. The changes to the Post Primary School Transport Scheme are being applied equitably on a national basis. Bus Éireann which operates the school transport scheme on behalf of my Department is responsible for the planning and organising of school bus routes, including the designation of the pickup and set down points.
Safety of children travelling on school transport services is of paramount importance to my Department and to Bus Éireann. Bus Éireann reviews existing services over the summer months. Arising from this review, routes may be altered or extended depending on the number and location of eligible children who will be availing of school transport for the following school year.
64. Deputy Jonathan O'Brien asked the Minister for Education and Skills the reason 11 months after the establishment date of the Residential Institutions Statutory Fund Act 2012, he has not enabled sections 21 and 22 of this Act by bringing forward the requisite commencement order and regulations; his views on whether the right to appeal an adverse decision of the Caranua board is a right under section 22 of this Act; the number of applications the board have approved and paid to former residents under section 3(1) of the Act; the number that were rejected; and if he will make a statement on the matter. [10263/14]
View answer65. Deputy Jonathan O'Brien asked the Minister for Education and Skills if he has exercised his powers under section 30(3) of the Residential Institutions Statutory Fund Act 2012 to seek an advance from the investment account managed by the National Treasury Management Agency to enable him to make a payment for the operation of an appeals process; if he has given any consideration to the 2014 budgetary requirements of an appeals officer and any staff of an appeals officer; if so, if he will disclose those figures; and if he will make a statement on the matter. [10261/14]
View answerI propose to take Questions Nos. 64 and 65 together.
I made the Residential Institutions Statutory Fund Act 2012 (Commencement) Order 2014 (S.I. No 20 of 2014) on 28th January. This Order commenced sections 21 and 22 of the 2012 Act which provide for the appointment of an appeals officer and for the appeals process in relation to decisions of a decision maker of the Residential Institutions Statutory Fund Board. On the same day I made the Residential Institutions Statutory Fund (Appeals) Regulations 2014 (S.I. No 21 of 2014) which set out the procedures to be followed in appeals. I recently appointed Mr Pat Whelan, former Director General of the Office of the Ombudsman, to be the inaugural Appeals Officer of the Fund. In accordance with the 2012 Act, a former resident who is dissatisfied with a decision maker's decision on their application or a person whom a decision maker decides is not a former resident within the meaning of the Act can appeal to the Appeals Officer.
No advance has been sought from the National Treasury Management Agency investment account pursuant to section 30(3) of the 2012 Act. The Appeals Officer will be paid for determining appeals on a per diem basis while the administrative support will be provided by my Department. The costs of the Appeals Officer which will be met from the investment account will be dependent on the level of appeals involved. While it is not proposed to recoup the costs of the administrative support from the investment fund at this stage, this matter will be kept under review. From inquiries made by my officials I understand that the Fund, which uses the service name Caranua, had received 1,914 applications at the end of February. The first part of the application process is to verify that an applicant is actually eligible to apply. At end February 501 applicants had been confirmed to be eligible. Once confirmed as eligible applicants are then appointed an adviser. The role of the adviser is to provide assistance in the making of an application for services. Advisers have been appointed for 64 applicants and 4 applications have been approved. No applications have been rejected.
66. Deputy John O'Mahony asked the Minister for Education and Skills when a person (details supplied) in County Mayo will receive a decision in their appeal for a Student Universal Support Ireland grant; and if he will make a statement on the matter. [10291/14]
View answerOfficials in my Department have confirmed with Student Universal Support Ireland (SUSI) that the student referred to by the Deputy was advised that she must complete an equivalent period of study before being eligible to be considered for funding under the Student Grant Scheme.
The student appealed this decision to SUSI in January 2014, and a letter issued on the 25th February 2014 advising her appeal was unsuccessful and confirming that she is ineligible for funding until the equivalent period of study is completed on her current course. The Deputy will appreciate that in the absence of all the relevant details that would be contained in an individual's application in relation to nationality, residency, previous academic attainment and means, it would not be possible for me to say whether or not a student would qualify for a grant. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board. The relevant appeal form is available to download from http://www.studentfinance.ie/downloads/1375344221/2013_SGAB_appeal_form.pdf
67. Deputy Jonathan O'Brien asked the Minister for Education and Skills if he will provide the details of all contracts and consultancy arrangements entered in to by the Caranua board; the consultancy and contract arrangements that were approved by him under section 7(7) of the Residential Institutions Statutory Fund Act 2012, including the costs of each of these arrangements and names of consultancy firms and contractors; and if he will make a statement on the matter. [10314/14]
View answerThe Residential Institutions Statutory Fund Board, 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. My Department is currently considering the approval of a number of consultancies and contracts by Caranua pursuant to section 7(7) of the Residential Institutions Statutory Fund Act, 2012 and will forward the Deputy the relevant details, once my Department has finalised its consideration of the matter.
68. Deputy Jonathan O'Brien asked the Minister for Education and Skills the mechanisms open to parents to make a complaint about a school principal or the board of management to his Department; the procedures involved; the details of the capacity of his Department to ensure that schools provide the standard of education to which children are entitled; and if he will make a statement on the matter. [10316/14]
View answerWhile 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 Principal at the school. The schools Board of Management is accountable to the schools 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. 1800 20 20 40 or (01) 865 6800 or email (oco@oco.ie).
Part 5 of the Teaching Council Act 2001 makes provision for the Council to conduct inquiries into a teacher's Fitness to Teach. I intend to commence Part 5 later this year. Government approval was given on 10th December for drafting The Teaching Council (Amendment) Bill to provide for a wider range of sanctions such as advice, admonishment and censure, which may be applied by the Council following an inquiry.
The Deputy may also be aware that procedures were introduced in 2009 under the Education Act (Section 24) for schools and Education and Training Boards (then VECs), as employers, to address teacher competence issues. Generally speaking it will be necessary for these procedures to be exhausted before investigation by the Teaching Council under Part 5.
I am satisfied that robust external inspection arrangements are in place that predominantly focus on evaluating the quality of learning and teaching in schools. The Inspectorate of my Department evaluates the organisation and operation of schools and the quality and effectiveness of the education provided in such schools. The Inspectorate is focused on ensuring that the learners in schools receive the best possible education in the light of their potential learning needs. It does this by identifying and acknowledging good educational practice and providing clear, practical advice as to how the quality of education provision can be improved.
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.
69. Deputy Maureen O'Sullivan asked the Minister for Education and Skills if he will provide an update on the plans for the refurbishment of a school (details supplied) in Dublin 1. [10333/14]
View answerI wish to advise the Deputy that my Department wrote to the school management recently relating to the matter to which she refers. The school was invited to consider the contents of the letter and revert to my Department with its views. The matter can be considered further following receipt of a response from the school.
70. Deputy Tom Fleming asked the Minister for Education and Skills if he will expedite a student grant in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [10371/14]
View answerOfficials in my Department have confirmed with Student Universal Support Ireland (SUSI) that in the case of the student referred to by the Deputy, supporting documents in relation to income from self-employment for the applicant's father are still awaited.
When this information is received and considered, the student will be notified directly of the outcome.
71. Deputy Michael Creed asked the Minister for Education and Skills if he will clarify the financial assistance available to a school (details supplied) which due to rising enrolments secured an additional mainstream teacher in September 2013; and if he will make a statement on the matter. [10380/14]
View answerMy Department provides capitation funding to all recognised primary schools within the free education scheme. Thus, primary schools receive capitation funding in January and June, and the ancillary services grant in March. The amount of grant paid to an individual primary school for capitation and ancillary services is determined by the school's enrolment, subject to a minimum grant for both capitation and ancillary services in respect of schools with enrolments up to 60, and a maximum ancillary services grant in the case of schools with enrolments of 500 or more. If enrolments in the school referred to by the Deputy increase further, it will result in an increase in funding. The Deputy may wish to note that Circular 40/2009 clarifies issues relating to the allocation of funding for primary schools. The circular states that capitation funding provided for general running costs and funding provided for caretaking and secretarial services may be regarded as a common grant from which the Board of Management can allocate according to its own priorities.
72. Deputy Jonathan O'Brien asked the Minister for Education and Skills his views of the findings in the chief inspector's report that the depth of mathematical knowledge required to deliver the objectives of projects maths is challenging to some teachers; his plans to improve training for teachers in this subject; and if he will make a statement on the matter. [10382/14]
View answer73. Deputy Jonathan O'Brien asked the Minister for Education and Skills his plans to improve the teaching of maths in second level schools; and if he will make a statement on the matter. [10383/14]
View answerI propose to take Questions Nos. 72 and 73 together. The period 2010-2012 was one of significant change in Mathematics because of the phasing in of Project Maths in all post-primary schools. Project Maths emphasises student understanding of mathematical concepts and the use of contexts and applications that enable students to relate Mathematics to their everyday experience. The curriculum has been phased in over a number of years. In tandem with the roll-out, a comprehensive programme of professional development has been provided for teachers of mathematics by the Project Maths Development Team (PMDT). To date, ten workshops have been offered to all maths teachers on a rolling basis as each strand of the curriculum was implemented. The workshops have encouraged teachers to adapt teaching strategies appropriate to the various curriculum strands and to developing student skills in critical areas such as problem solving. Teachers have also had opportunities to engage with additional CPD in the form of modular courses on areas of particular interest, for example, the use of ICT in maths teaching, as well as a national conference. Project Maths is also supported by the introduction of a Professional Diploma in Mathematics for Teaching to upskill out-of-field teachers of mathematics in September 2012. The course is jointly accredited by the University of Limerick and NUI Galway. The Professional Diploma represents an investment of over €3 million to date. There are over 600 teachers on the programme at present and a further intake is planned for September 2014. The need for change had been identified in a number of studies and reports conducted since 2002. These include the Chief Examiner's Report for Mathematics (2005), the results of PISA 2009 and reports of inspections in Mathematics undertaken by the Inspectorate. Further, the continuing decline in the uptake of higher-level Mathematics, particularly in senior cycle, meant that fundamental changes to the manner in which Mathematics was taught, learned and assessed were essential. More recent inspections indicate that at post-primary level, in Mathematics the quality of teaching in 77% of lessons and the quality of learning in 74% of lessons was judged to be satisfactory or better. The impact of Project Maths was also evaluated by the National Foundation for Educational Research (NFER). The research highlights that considerable progress has been made in implementing the revised mathematics syllabuses since the inception of the Project Maths initiative in 2008. There are numerous examples of promising practice in the way that mathematics is being delivered in the classroom, and emerging evidence of positive impacts on students' experiences of, and attitudes towards, mathematics. The findings include that students are positively disposed to Mathematics and have high levels of confidence in Strands 1 and 2, the strands that were the first to be introduced in the phasing-in of Project Maths. Leaving Certificate and Junior Certificate students perform much better than their international peers in these strands. Students report that they are frequently undertaking activities commonly associated with the revised syllabuses (for example, making connections between mathematics topics, and applying mathematics to real-life situations). However, more traditional approaches (for example, using textbooks and copying from the board) also continue to be widespread. The research on the impact of Project Maths on student's attitudes and attainment as well as evaluation of the situation regarding teaching and learning of mathematics in schools will be taken into account by my Department and the PMDT when designing the support plan for maths teachers for the coming years.
74. Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a school place in respect of a child (details supplied) in County Dublin. [10398/14]
View answerI wish to advise that the policy of my Department is to secure the maximum possible level of inclusion of students with special educational needs in mainstream primary and post-primary schools, in order to ensure that as many children as possible can be educated with their peers within their own community. My Department therefore provides for a range of placement options and supports for schools which have enrolled pupils with special educational needs in order to ensure that, wherever a child is enrolled, s/he will have access to an appropriate education. Children with special educational needs may be enrolled in a mainstream school and attend all mainstream classes and receive additional teaching support through the learning support and/or resource teacher. Or they may enrol in a mainstream school and attend a special class, or they may enrol in a special school. The enrolment of a child to a school is a matter in the first instance for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools. The Educational Welfare Services of the Child and Family Agency is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. They will try to help parents to find a school placement if their child has been unable to secure a school placement to date. The agency can be contacted at the Educational Welfare Services, Child and Family Agency, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700. In addition, the National Council for Special Education (NCSE) Special Education Needs Organisers (SENOs) can assist parents to identify appropriate educational placements for children with special educational needs. Parents may contact their local SENO directly to discuss their child's special educational needs and to seek assistance in identifying placement options, using the contact details available on www.ncse.ie. The NCSE also recently published a Guide for Parents and Guardians of Children and Young People with Special Educational Needs on Choosing a School. This guide is also available at www.ncse.ie. Finally, where a parent seeks to enrol their child in a school and that school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under Section 29 is upheld, may the Secretary General of my Department direct a school to enrol a pupil.
75. Deputy Sean Fleming asked the Minister for Education and Skills if children who are transitioning to second level school who have been diagnosed by the Health Service Executive with Asperger's, without a diagnostic and statistical manual edition 4 reference in their report, get resource teaching hours or are they required to be reassessed and the way their resource teaching will be facilitated compared to children with a DSM 4 reference; and if he will make a statement on the matter. [10416/14]
View answerThe Deputy will be aware 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, in accordance with my Department's established criteria. That criteria includes the need for pupils with autism to have an assessment based on DSM IV, DSM V or ICD 10. The NCSE is currently accepting applications from schools for resources for the 2014/2015 school year. They have advised that any schools applying on behalf of children who are currently in receipt of supports, but for whom HSE assessments are not specific with regard to the particular classification system used, should apply as usual and before the closing date of March 26th to enable the SENO to consider such individual cases further.
76. Deputy Finian McGrath asked the Minister for Education and Skills the position regarding placements in respect of children (details supplied). [10419/14]
View answerI wish to advise the Deputy that the policy of my Department is to secure the maximum possible level of inclusion of students with special educational needs in mainstream primary and post-primary schools, in order to ensure that as many children as possible can be educated with their peers within their own community. My Department therefore provides for a range of placement options and supports for schools which have enrolled pupils with special educational needs in order to ensure that, wherever a child is enrolled, they will have access to an appropriate education. Children with special educational needs may be enrolled in a mainstream school and attend all mainstream classes and receive additional teaching support through the learning support and/or resource teacher. If they have assessed care needs they may be supported by a special needs assistant. In respect of children who cannot be accommodated in mainstream education, they may be enrolled in special classes or special schools where more intensive and supportive interventions are provided. The enrolment of a child to a school is a matter in the first instance for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools. The Educational Welfare Services of the Child and Family Agency is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. They will try to help parents to find a school placement if their child has been unable to secure a school placement to date. The Educational Welfare Services, Child and Family Agency, can be contacted at 16-22 Green Street, Dublin 7 or by telephone at 01-8738700. In addition, the National Council for Special Education (NCSE) Special Education Needs Organisers (SENOs) can assist parents to identify appropriate educational placements for children with special educational needs. Parents may contact their local SENO directly to discuss their child's special educational needs and to seek assistance in identifying placement options, using the contact details available on www.ncse.ie. The NCSE also recently published a Guide for Parents and Guardians of Children and Young People with Special Educational Needs on Choosing a School. This guide is also available at www.ncse.ie. Finally, where a parent seeks to enrol their child in a school and that school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under Section 29 is upheld, may the Secretary General of my Department direct a school to enrol a pupil.
