Written Answers Nos. 211 - 233
211. Deputy Charlie McConalogue asked the Minister for Finance the legal position on the use of company vehicles by persons who live here but who have the use of company vehicles which are owned by and registered to companies in Northern Ireland; and if he will make a statement on the matter. [21429/14]
View answerSection 135(1)(b)(i), Finance Act 1992 provides for temporary exemption from registration for a vehicle brought into the State by an individual established in the State and for their private or business use. The individual concerned must be employed by an employer established in another Member State who provides the vehicle as part of a contract of employment, and the vehicle must be owned or leased by the employer. In addition, the vehicle must be a passenger car (VRT tax "Category A" vehicle) or a motor cycle and it must be used principally for business use in another Member State.
In relation to commercial vehicles (VRT tax "Category B and C"), the rules are that they may be driven or used by a person established in the State as long as they are being used for business purposes related to the person established outside of the State.
General information on exemptions is contained on the Revenue Commissioners' website at: http://www.revenue.ie/en/tax/vrt/faqs-vrt.html#question78 and more specific information is available at:
http://www.revenue.ie/en/tax/vrt/leaflets/temporary-exemption-foreign-registered.html. Application forms for temporary exemption are available from any Revenue Office.
Section 121 of the Taxes Consolidation Act 1997 provides that where a company car is made available for the private use of an employee then the employee is chargeable to PAYE, PRSI and USC on the benefit-in-kind, (BIK) determined by reference to the cash equivalent value of the private use of that vehicle. The cash equivalent value in respect of a car is determined based on 30% of the original market value of that car, with the charge reduced on a tapering scale where business mileage is between 24,000 and 48,000 kilometres per annum.
There is no charge to tax if the car is in a 'car pool'; that is, the car is in use by more than one employee and is not used by one employee to the exclusion of others, private use is incidental to business use, and the car is not normally kept at the home of any of the employees.
Section 121A of the Taxes Consolidation Act 1997 provides that, subject to certain exemptions, where a company van is made available for the private use of an employee then the employee is chargeable to PAYE, PRSI and USC on BIK by reference to the cash equivalent value of the private use of such a vehicle. The cash equivalent value in respect of a van is determined based on 5% of the original market value of that van.
A van will be exempted from the benefit-in-kind charge where:
- The van is necessary for the performance of the duties of the employee's employment;
- The employee is required to keep the van at his or her private residence when not in use; and
- Private use is prohibited and the employee spends at least 80% of his or her time away from his or her work premises.
Therefore, an individual liable to tax in the State would be charged BIK on a vehicle provided by his or her employer in accordance with the foregoing regardless of the origin of the vehicle.
Further information in relation to benefit-in-kind in respect of cars and vans may be found on the Revenue website at
http://www.revenue.ie/en/tax/it/leaflets/benefit-in-kind/private-use-cars.html and
http://www.revenue.ie/en/tax/it/leaflets/benefit-in-kind/private-use-vans.html .
212. Deputy Maureen O'Sullivan asked the Minister for Finance if the Companies Registration Office is aware of a matter regarding property transactions (details supplied); and if he will make a statement on the matter. [21435/14]
View answer213. Deputy Maureen O'Sullivan asked the Minister for Finance if the Companies Registration Office is aware of a matter regarding property transactions (details supplied); and if he will make a statement on the matter. [21436/14]
View answerI propose to take Questions Nos. 212 and 213 together.
I have no responsibility for matters pertaining to the Companies Registration Office. Responsibility in this regard lies with my colleague the Minister for Jobs, Enterprise and Innovation.
214. Deputy Michael McGrath asked the Minister for Finance the number of persons who have availed of the exemption from the local property tax on the grounds that the residential property was purchased, built or adapted to make it suitable for occupation by a permanently and totally incapacitated person as their sole or main residence, where an award has been made by the Personal Injuries Assessment Board or a court or where a trust has been established specifically for the benefit of such persons; and if he will make a statement on the matter. [21452/14]
View answer215. Deputy Michael McGrath asked the Minister for Finance the number of persons who have availed of the exemption from the local property tax on the grounds that the property was purchased built or adapted to cater for a permanently and totally incapacitated persons where there was no award from a court or the Personal Injuries Assessment Board or where no public trust fund was established or where no grant was received from a local authority; and if he will make a statement on the matter. [21459/14]
View answerI propose to take Questions Nos. 214 and 215 together.
I am advised by the Revenue Commissioners that according to Local Property Tax (LPT) statistics recently published on their website: http://www.revenue.ie/en/tax/lpt/lpt-stats-0414.pdf, the exemption under section 10B of the Finance (Local Property Tax) Act 2012 (as amended) was claimed in respect of about 1,700 residential properties. Section 10B provides that an exemption from the charge to LPT may apply to a residential property purchased, built or adapted to make it suitable for occupation by a permanently and totally incapacitated individual as their sole or main residence, where an award has been made by the Personal Injuries Assessment Board or a court, or where a trust has been established, specifically for the benefit of such individuals. In the case of adaptations to a property, the exemption only applies where the cost of the adaptations exceeds 25% of the market value of the property before it is adapted.
Regarding Question No. 215 (21459/14), a permanently and totally incapacitated person who did not benefit from a court or Injuries Board award or a public trust fund would not have been entitled to the exemption contained in section 10B of the LPT Act.
Following representations and a review of the exemption by Revenue, I announced on 2 May that I intend bringing forward legislation and to remove the requirement that a permanent and totally incapacitated person must benefit from a Court or Injuries Board or a public trust fund, to qualify for the exemption.
My officials have written to the Chairman of the Revenue Commissioners advising her of my intention to retrospectively amend the legislation. In view of my intention to bring forward legislation the Chairman has advised me that Revenue will apply the exemption in line with the proposed revised legislation, and will shortly publish revised guidelines on the Revenue website.
216. Deputy Róisín Shortall asked the Minister for Finance in view of the fact that the USC is a temporary measure, his plans for its elimination and the timescale proposed. [21474/14]
View answerThe Universal Social Charge (USC) was introduced in Budget 2011 to replace the Income Levy and the Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and raise revenue to reduce the budget deficit. It is a more sustainable charge than those it replaced. It is applied at a low rate on a wide base. I should point out that it was never intended that the USC would be a temporary measure, it was designed and incorporated in to the Irish taxation system as part of its permanent structure and the revenues collected play a vital part in meeting the many expenditure demands placed on the Exchequer.
As the Deputy may be aware, delivering on a commitment in the Programme for Government, the USC was reviewed by the Department of Finance in the lead up to Budget 2012. The relevant report is available on my Department's website.
As a result of the review of the USC, the Government decided in Budget 2012 to increase the entry point to the Universal Social Charge from €4,004 to €10,036 per annum. It is estimated that this removed almost 330,000 individuals from the charge.
217. Deputy Jim Daly asked the Minister for Finance if he will confirm the savings achieved by not availing of a post-bailout precautionary credit line, which would have incurred up-front charges from both the IMF and the ESM; and if he will make a statement on the matter. [21492/14]
View answerThe Government's decision on 14 November 2013 that Ireland would exit its EU-IMF programme on 15 December 2013 without a pre-arranged precautionary credit line, followed a broad consultation process and a careful and thorough assessment of all the available options. While the decision was finely balanced, it is the case that since taking the decision we have enjoyed a significant amount of support and the markets have responded positively.
Both the International Monetary Fund (IMF) and the European Stability Mechanism (ESM) apply upfront charges for the precautionary credit lines that they provide to countries that wish to avail of such facilities. The details of how these precautionary lines work and the charges that might arise are to be found on the IMF and ESM web sites. As Ireland exited our EU-IMF programme without the need for a precautionary credit line the issue of such charges does not arise.
218. Deputy Pat Deering asked the Minister for Finance if he will consider a review of the universal social charge in advance of budget 2015. [21500/14]
View answerThe Universal Social Charge (USC) was introduced in Budget 2011 to replace the Income Levy and the Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and raise revenue to reduce the budget deficit. It is a more sustainable charge than those it replaced. It is applied at a low rate on a wide base. I should point out that it was never intended that the USC would be a temporary measure, it was designed and incorporated in to the Irish taxation system as part of its permanent structure and the revenues collected play a vital part in meeting the many expenditure demands placed on the Exchequer.
As the Deputy may be aware, delivering on a commitment in the Programme for Government, the USC was already reviewed by the Department of Finance in the lead up to Budget 2012. The relevant report is available on my Department's website. As a result of the review of the USC, the Government decided in Budget 2012 to increase the entry point to the Universal Social Charge from €4,004 to €10,036 per annum. It is estimated that this removed almost 330,000 individuals from the charge. As is normal practice, my officials will examine potential options for changes to the tax system for my consideration as part of the overall Budget package.
219. Deputy Patrick O'Donovan asked the Minister for Finance the position regarding exemption from capital gains tax (details supplied). [21504/14]
View answerOn 1 May, 2014 I announced my intention to provide a capital gains tax (CGT) exemption in this year's Finance Bill to certain farmers who dispose of their single farm payment entitlements on foot of changes being introduced under the new EU Common Agriculture Policy (CAP).
The exemption is to be provided on any chargeable gains arising from the disposal by the owners of payment entitlements under the Single Payment Scheme where all of those entitlements were leased out in 2013 and where the owners, because of the change in CAP regulations, were advised by the Department of Agriculture, Food and the Marine, to transfer their entitlements to an "active" farmer by 15 May 2014.
On the basis of the limited information provided by the Deputy, the landowner whose lease expired on 31 December 2013 and who now transfers full ownership of the payment entitlement to an active farmer before 15 May 2014, will qualify for the capital gains tax exemption.
As regards the second scenario, since the farmer himself claimed and received the single farm payment in 2013, the situation outlined above does not apply to him and he would not qualify for this exemption.
220. Deputy Denis Naughten asked the Minister for Finance the current economic incentives which are awaiting EU approval; when the announcement was made in each case and when the application was made to the EU Commission; when the last response was furnished to the Commission in each case; the estimated Exchequer cost of each incentive and the projected number of jobs to be created on a full-year basis; and if he will make a statement on the matter. [21505/14]
View answerThe Living City Initiative, announced in Finance Bill 2013, is a pilot project which provides certain tax incentives to make it more attractive for people to live in historic and culturally significant city centre houses. The initiative also offers incentives for retailers and small businesses in those areas. This Initiative is subject to EU State Aid approval and a commencement order. An ex ante cost benefit analysis was conducted in the summer of 2013 and published alongside Budget 2014. An application for EU State Aid approval was submitted in March 2013. This application is still outstanding, but my officials are aiming to meet the relevant Commission officials in the near future. An independent cost-benefit analysis concluded that the Initiative would create more than 1,000 jobs for each of the 5 years it will be in place. The analysis also concluded that the annual cost would be in the order of €3m per year.
The Film relief scheme has been in place since 1987. Finance Act 2013 introduced new provisions to ensure that Film tax reliefs will accrue to the producers rather than investors and result in tax savings for the Exchequer. Budget 2014 extended the definition of 'eligible individual' to include non-EU talent, in conjunction with the introduction of a withholding tax. It is intended to commence these provisions once EU State Aid approval has been given. The Department of Arts, Heritage and the Gaeltacht are progressing this State Aid approval with the EU Commission. Statistics are not available to show the actual number of persons employed in the film industry. However, it is estimated that in 2013 just over 27,000 individual employments (both part-time and full-time) were generated on film productions supported by Section 481 relief.
A capital gains tax relief for entrepreneurs who reinvest the proceeds from the disposal of assets made on or after 1 January 2010 in certain chargeable business assets was announced in Budget 2014 and provided for in Section 45 of Finance (No 2) Act of 2013. The section requires a Commencement Order, which has not been made. Commencement of the legislative provisions is subject to EU state-aid approval. A pre-notification of state aid was made to the Commission on 20 February last. The purpose of the pre-notification is to facilitate the easier passage of the measure through any formal State-aid notification. The Commission were in touch with officials from my Department recently and wish to discuss the pre-notification details. Discussions are scheduled to take place this week. The measure will have no tax cost until 2017 at the earliest and is tentatively estimated to have a tax cost of €20 million in 2018. The measure is intended to encourage entrepreneurship and the number of jobs created will be dependent on the success or otherwise of the enterprises created with the support of the measure.
A tax scheme for the construction or refurbishment of certain aviation services facilities, as provided for in Finance Act 2013, is subject to EU approval. This measure was announced as part of Budget 2013. An application was made to the EU Commission on 18 June 2013. A meeting was held with officials in the Commission on 6 March 2014. It is not possible to estimate the cost to the Exchequer due to a number of variables such as the cost to build each hangar, whether the relief is claimed by a company or an individual or how many years the relief is claimed over.
Exemption from Stamp Duty on the transfer of shares of companies listed on the Enterprise Securities Market of the Irish Stock Exchange, is subject to EU approval. This measure was announced as part of Budget 2014. A pre-notification of state aid was made to the EU Commission on 4 February 2014. Further information was furnished to the Commission, at its request, on 7 March 2014. The estimated Exchequer cost is €5m and the proposed measure aims to encourage entrepreneurs and growing businesses to use public equity markets as a source of funding for growth and the creation of jobs.
221. Deputy Seamus Healy asked the Minister for Finance the value of the preference shares, which were held in Bank of Ireland by the State, sold in recent times to Baggot Securities; the nature of the company Baggot Securities; if the company is connected in any way with Bank of Ireland; the monetary amount by which the equity in Bank of Ireland held by the State was reduced due to the rights issue by Bank of Ireland; if the money was raised through the rights issue used by Bank of Ireland to purchase preference shares held by the State; and if he will make a statement on the matter. [21517/14]
View answerThe State held preference shares in Bank of Ireland with a nominal value of €1,837m.
The State sold preference shares with a nominal value of €1,300m to Baggot Securities Limited. The preference shares were sold at a 4.75% premium to nominal value thereby yielding a profit of approximately €62m for the State. The total proceeds from this sale to Baggot Securities Limited, including accrued interest and the profit on the transaction, amounted to €1,469m.
Baggot Securities Limited is a special purpose company and is not connected in any way to Bank of Ireland. The purpose of Baggot Securities Limited was to issue debt securities to third party investors and to use the proceeds arising to purchase preference shares from the State.
As part of the capital package to repay the State's entire holding of preference shares, Bank of Ireland issued new ordinary shares by way of a private placing to investors. The cash raised by Bank of Ireland by way of the private placing was used to repay €537m of the total nominal value of €1,837m of the preference shares. Including accrued interest, this part of the transaction yielded cash proceeds of €581m for the State.
The State did not participate in the private placing and the issuance of new ordinary shares had no impact on the number of ordinary shares held by the State. As the number of ordinary shares in issue increased following the private placing, the State's percentage shareholding reduced from c.15% to c.14%. For the avoidance of doubt, there was no rights issue involved.
In summary, the proceeds from the sale of preference shares to Baggot Securities Limited combined with the proceeds from the partial redemption by Bank of Ireland facilitated by the private placing generated total proceeds of €2.05bn for the State.
222. Deputy Martin Heydon asked the Minister for Finance if the Revenue Commissioners have any plans to review the ability of bookmakers to reclaim the cost of VAT on the SIS service used by them as part of their business following a change in treatment in 2001; and if he will make a statement on the matter. [21521/14]
View answerThe acceptance of bets is exempt from VAT by virtue of paragraph 10(1) of Schedule 1 of the VAT Consolidation Act 2010. Where a person is exempt from VAT they do not charge VAT on their supply of goods or services and they are not entitled to claim VAT incurred on their business purchases. This means that bookmakers do not register for VAT, do not charge VAT on bets accepted and cannot recover VAT incurred on goods and services, including SIS services, related to their bookmaking business.
223. Deputy Sean Fleming asked the Minister for Finance the arrangement for persons to claim back a tax rebate in respect of gluten-free bread that is required for medical purposes; the amount that can be reclaimed in a year; the arrangements in place to allow persons on social welfare who are not in a taxable income position to obtain a similar financial rebate; and if he will make a statement on the matter. [21553/14]
View answerSection 469 of the Taxes Consolidation Act 1997 provides for relief in respect of qualifying expenses incurred in the provision of health care in a tax year against the tax paid by an individual for that year. Health care is defined as the prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability, and includes care received by a woman in respect of a pregnancy.
A person may claim tax relief at the standard rate on the cost of gluten-free foods which have been manufactured specifically for coeliacs and where the products are used in the treatment or alleviation of that condition on the advice of a medical practitioner. Evidence of such advice should be retained.
Claims for relief can be submitted to the Revenue Commissioners by completing form Med 1 or by making a claim using the PAYE anytime service on the Revenue website at www.revenue.ie.
Further information in relation to tax relief for medical expenses is set out in leaflet IT6 which is available on the Revenue website at http://www.revenue.ie/en/tax/it/leaflets/it6.html.
There is no tax rebate available for those individuals that have no liability to income tax in the relevant tax year. Supports available via the Social Welfare system are a matter for the Minister for Social Protection.
224. Deputy Sean Fleming asked the Minister for Finance the number of State agencies and public bodies that have been merged or abolished in each year since 2011, under the remit of his Department; the annual savings associated with each body; and if he will make a statement on the matter. [21794/14]
View answerIn response to the Deputy's question no State agencies or public bodies under the aegis of my Department have been abolished in the period since 2011.
However, I will be publishing legislation shortly which will, inter alia, propose to simplify and streamline NTMA governance structures.
The NTMA was set up to manage the National Debt in 1990 and has taken on a range of additional functions since then. Some of these functions were established as legal entities that were distinct from the Agency but which operated through it (e.g., the National Development Finance Agency (NDFA) and the National Pensions Reserve Fund (NPRF).
The new simpler structure that is being proposed involves these activities being assigned directly to the Agency under the direction of a new over-arching Board which will be responsible to the Minister for Finance. No changes are proposed to the existing arrangements in respect of NAMA which will continue to have its own board.
The approach proposed is in line with the Government's commitment in the area of the rationalisation of State bodies.
225. Deputy Sean Fleming asked the Minister for Finance the current average age of full-time staff in his Department; the way this compares with the average age of public servants in each year from 2010 to 2013; and if he will make a statement on the matter. [21848/14]
View answerThe following table outlines the details in relation to average age of staff in my Department from 2010 to date.
|
- |
Dec-10 |
Dec-11 |
Dec-12 |
Dec-13 |
Apr-14 |
|
Sec/A.Sec |
52 |
50 |
50 |
50 |
50 |
|
PO |
52 |
50 |
50 |
51 |
52 |
|
AP |
49 |
49 |
45 |
46 |
46 |
|
HEO |
45 |
47 |
43 |
44 |
44 |
|
AO |
35 |
35 |
32 |
33 |
33 |
|
EO |
43 |
42 |
43 |
44 |
43 |
|
SO |
50 |
50 |
52 |
54 |
54 |
|
CO |
43 |
42 |
42 |
43 |
44 |
|
Serv. Off/Att |
49 |
50 |
49 |
51 |
51 |
|
*Other |
49 |
58 |
52 |
41 |
45 |
|
DEPT AVERAGE |
46 |
45 |
43 |
44 |
44 |
|
FTE BY YEAR |
534 |
271 |
319 |
308 |
311 |
Please note the numbers for 2010 reflect the pre D/PER number
* Other includes CMO, Civilian Driver, Legal Researcher, Nurse, Occupational Physician, Specialist, Teacher for various years.
226. Deputy Terence Flanagan asked the Minister for Finance if he will provide details of all official foreign trips he and Ministers of State in his Department intend to take between now and the end of 2014; if he will detail whom they will be meeting on these trips; the purpose of the trip; the duration of the trip; if there are plans to use all of these trips to promote Ireland as a good place for doing business and as a destination for foreign direct investment; and if he will make a statement on the matter. [21858/14]
View answerAs the Deputy will be aware, I normally attend the meetings of the Eurogroup and the Economic and Financial Affairs Council (Ecofin) each month. These regular meetings provide an important opportunity to engage with my fellow EU Finance Ministers and members of the European Central Bank. From time to time there are additional special Finance Ministerial meetings but as of now the schedule of meetings for the remainder of the year is as follows:
Greek Presidency
Luxembourg
Eurogroup 19 June
Ecofin 20 June
Italian Presidency
Brussels
Eurogroup - July 7
Ecofin - July 8
Milan
Eurogroup - 12 September
Informal Ecofin 12&13 September
Luxembourg
Eurogroup - 13 October
Ecofin - 14 October
Brussels
Eurogroup - 6 November
Ecofin - 7 November
Brussels
Eurogroup - 8 December
Ecofin 9 December
In addition to the above meetings, I also plan to attend the International Monetary Fund and World Bank Annual Meetings in Washington from 10 to 12 October, 2014.
I also plan to visit Singapore and China from 26 October to 2 November, 2014.
Each visit I undertake is used to promote Ireland and to build strong relationships that enable us to influence decisions which affect our interests.
Minister of State Hayes has no proposed visits currently scheduled.
227. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason he is investing money in encouraging persons to specialise in areas where no jobs are available in this field (details supplied). [21012/14]
View answerThe Expert Group on Future Skills Needs (EGFSN), which is funded by my Department advises the Irish Government on current and future skills needs of the economy. It has a central role in ensuring that labour market needs for skilled workers are anticipated and met. A new report published recently by Forfás and the EGFSN, 'Assessing the Demand for Big Data and Analytics Skills, 2013 – 2020' notes that big data and analytics is a relatively new area of business activity characterised by rapid growth. Globally, there is a reported shortage of data analytics talent particularly individuals with the required 'deep analytical' skills. At present, no one country or region stands out in the provision of data analytics services and there is a significant opportunity for Ireland to gain ground here. The report estimates that Ireland has the potential to create between 12,750 and 21,000 job vacancies by 2020, arising through expansion and replacement demand. The full report, and its recommendations, are available on www.skillsireland.ie.
Since 2011 my Department has introduced two new competitive funding streams at higher education level that address the specific skills needs of industry and supports jobseekers into employment - Springboard and the ICT skills conversion programme. All courses approved for funding under these initiatives are selected by an independent panel with industry and educational expertise having regard to guidance from Forfás and the EGFSN on current and future skills needs of enterprise. One of the key areas for focus for Springboard and the ICT skills conversion programme 2014 is in data analytics.The evaluation framework for Springboard and the ICT skills conversion programme provides for ongoing monitoring and evaluation of outputs. An evaluation report published by the Higher Education Authority showed that, 30% of Springboard participants were back in work within 6 weeks of completing a Springboard course and 40% were back in work within 6 months of completion, while an evaluation of phases 1 and 2 of the ICT skills conversion programme showed that 56% of graduates from the programmes were reported as being in employment or self-employment. The full evaluation reports are published on the HEA's website www.hea.ie.
228. Deputy Michael McCarthy asked the Minister for Education and Skills if a review of the school transport system in respect of a school (details supplied) in County Cork will be carried out in view of the increase in student enrolment for 2014-15; and if he will make a statement on the matter. [21054/14]
View answerBus 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 pick-up and set down points to be used by their bus services.
Routes are planned in such a way to ensure that, as far as possible, eligible pupils have a reasonable standard of service while at the same time, ensuring that school transport vehicles are fully utilised in the most efficient and cost effective manner. Bus Éireann review 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. In this regard parents should liaise with their local Bus Éireann office in Cork.
229. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding a refund in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [21180/14]
View answerI understand that SOLAS does not have any involvement in the fees charged for training by approved Safe Pass providers. SOLAS charges Safe Pass providers a fee of €23 per registration card. This fee is intended to cover the cost of printing the card, postage, administration and monitoring of Safe Pass programmes.
Persons who are unemployed and require funding for training are normally assisted, in the first instance, through their local Employment Services Office under the auspices of the Department of Social Protection.
230. Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a school place (details supplied); and if he will make a statement on the matter. [20835/14]
View answerThe selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of an Educational Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld. Application forms for taking a section 29 appeal are available on my Department's website at the following link http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108584. The Educational Welfare Service of the Child and Family Agency (EWS) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The EWS may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the EWS is Educational Welfare Service of the Child and Family Agency, 16-22 Green Street, Dublin 7, phone number 01-8738700.
I have published a draft General Scheme for an Education (Admissions to Schools) Bill, 2013 as well as Draft Regulations on Content of Policy and Draft Regulations on Admission Process for discussion ahead of enacting legislation. These are available on the Department's website. The Government recently gave approval for drafting the Education (Admissions to Schools) Bill 2014. My aim in bringing forward legislative proposals in relation to school admission is to improve the admission process and to ensure that the way schools decide on applications is structured, fair and transparent.
231. Deputy Clare Daly asked the Minister for Education and Skills where the guidelines for schools on supporting students with behavioural and emotional and social difficulties is available; if copies have been sent to all schools; and if he is satisfied that information on these guidelines has filtered into all areas. [20879/14]
View answerI can inform the Deputy that my Department's National Educational Psychological Service (NEPS) has developed a range of documentation relating to the support of students with behavioural, emotional and social difficulties. In particular this would include "Behavioural, Emotional and Social Difficulties – A Continuum of Support" (for Primary Schools), "A Continuum of Support for Post-Primary Schools: Guidelines for Teachers" and "Well-Being in Post-Primary Schools: Guidelines for Mental Health Promotion and Suicide Prevention". These publications have been produced in the past three years, have been distributed to schools and the underlying process and principles of each are the subject of ongoing support by the NEPS psychologist assigned to individual schools. Copies of each are available within the NEPS section of my Department's website at http://www.education.ie/en/Schools-Colleges/Services/Educational-Psychologist-NEPS-/NEPS-Model-of-Service.html .I would draw the Deputy's attention also the information leaflets " Guidelines for supporting students with Behavioural and Emotional and Social Difficulties" for primary and post-primary schools on my Department's website (http://www.education.ie/en/Schools-Colleges/Services/Educational-Psychologist-NEPS-/ ) which detail the relevant publications from NEPS in this regard and reference other relevant support documentation available to schools in this area from the NCSE and TUSLA (formerly NEWB). The leaflets have also been distributed to schools and a wide range of both health and education support services.
I am satisfied that the information on these guidelines has filtered through to all areas.
232. Deputy Michael Creed asked the Minister for Education and Skills if he will review his Department's decision to decline provision of additional classroom accommodation at a school (details supplied) in County Cork in view of the fact that all existing accommodation is utilised to the maximum and the school faces the prospect of not being able to accommodate children in September 2014 without the provision of additional classroom accommodation; and if he will make a statement on the matter. [20882/14]
View answerThe school to which the Deputy refers applied to my Department in February last for the provision of one additional mainstream classroom and for additional ancillary staffing facilities.
As the Deputy will be aware, my Department's overriding objective is to prioritise available funding to meet demographic demand and to provide essential classroom accommodation where additional teachers are approved. In the case of the school referred to by the Deputy, my Department recognised the need for additional school accommodation to address its immediate needs and significant funding was allocated on a devolved basis to the school in question in 2011 for the provision of additional classroom accommodation. My Department accordingly advised the school that as it considered that the level of additional accommodation already provided was sufficient to meet the school's classroom needs, it was not prepared to agree to its application. My Department also advised the school concerned that it was not possible at this time to approve funding in respect of the ancillary accommodation also sought.
My Department is currently considering a request by the school to review its decision in this case and will contact the school authorities concerned when a decision is reached.
233. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills the systems in place within his Department to evaluate the section 29 appeals process; if the issue of inconsistencies in appeals decisions has been raised with his Department; if it is the case that different appeals boards can hear similar cases including in the same school, if this situation is considered satisfactory; and if he will make a statement on the matter. [20885/14]
View answerThe Deputy will be aware that I have published a draft General Scheme for an Education (Admissions to Schools) Bill, 2013 as well as Draft Regulations on Content of Policy and Draft Regulations on Admission Process for discussion ahead of enacting legislation. These are available on the Department's website. The Government recently gave approval for drafting the Education (Admissions to Schools) Bill 2014. My aim in bringing forward legislative proposals in relation to school admission is to improve the admission process and to ensure that the way schools decide on applications is structured, fair and transparent.
Following the report of the Oireachtas Committee, I am considering how best to configure the appellate processes in relation to school admission, including the question of access to an appellate process external to the school. The legislation provides that the Minister will establish one or more appeal committees for the purpose of hearing and determining appeals and the committees will act in accordance with procedures as may be determined from time to time by the Minister.
It is the committee, not the Department, that determines the outcome of the appeal. Each appeal is examined on its own merits, and each committee is independent. There is no provision in the legislation for any Department official to interfere with or modify decisions taken by statutory independent appeal committees. My Department's sole role is to administer the process.
From time to time, parties to an appeal have written to my Department for clarity on the decisions taken by the section 29 committee. In accordance with the time frame set out in the Education Act, all appeals must be heard within a period of 30 days and, as a result, the composition of committees may vary from time to time.
