Written Answers Nos. 94-101
94. Deputy Pearse Doherty asked the Minister for Education and Skills if he will consider allocating a school (details supplied) in County Donegal a base post, as it has been allocated 17.425 resource hours, bearing in mind it has another child enrolled in September who will require additional resource hours. [25104/14]
View answerThe criteria used for the allocation of teaching posts to primary schools is published annually on the Department website. The staffing arrangements for the 2014/15 school year (Circular 0007/2014) were published on 24 January, 2014. My Department introduced reforms to the teacher allocation process for resource hours in recent years which included the allocation of a network of permanent posts in base schools to cater for NCSE approved resource hours for individual pupils in schools. This network of base posts is designed to make the system work more smoothly at school level. 84% of all NCSE approved resource teaching hours in the 2013/14 school year were allocated to schools that had permanent resource base posts. There will be no changes to the location of permanent resource base posts for the 2014/15 school year.Schools with a resource base post are required to co-operate with their neighbouring schools to ensure that any surplus capacity in the (25 hour) resource post(s) is made available to neighbouring schools to meet their NCSE approved resource hour requirements. Schools that do not have a resource base post are required to check for available surplus capacity in base posts in neighbouring schools before making an application to the Department's Primary Teacher Allocations Section. Where a school that does not have a base post has been approved for 25 or more NCSE approved hours, a temporary post will be sanctioned for the 2014/15 school year. Where a school has less than 25 hours that cannot be met from other schools, sanction will be given for part time hours.
95. Deputy Michael McGrath asked the Minister for Education and Skills if he will provide a detailed list in tabular form of all staff vacancies within his Department and in each agency under his Department's remit at principal officer grade or above, including the title of the vacant post and the functional area to which it belongs; the length of time the post has been vacant; the salary attached to the post in question; in respect of agencies where Civil Service grades do not apply, if he will include vacancies where the post attracts a salary equivalent to or greater than principal officer grade; and if he will make a statement on the matter. [25120/14]
View answerSince the Government introduced a moratorium on Civil Service recruitment/promotion in early 2009 the Management Advisory Committee (MAC) at my Department in conjunction with the HR Section monitors the staffing situation and takes account of the business demands and priority needs of line sections. Where a section loses staff for any reason including resignations/retirements, officials in other sections can be re-assigned as necessary in order that the staffing cohort at my Department can deliver an effective service with diminished resources. In addition to this, the Department in meeting staffing challenges and the requirements under the Employment Control Framework, has reconfigured areas of work to ensure the least possible impact on services and has implemented the various reforms required and agreed under the Croke Park and Haddington Road Agreements.In the event a particular section is subjected to an unsustainable loss of key personnel, my Department engages with the Department of Public Expenditure & Reform to highlight the matter with a view to resolving such issues.
Data in the precise format requested by the Deputy are not available. However, the tabular statement gives details of the staff numbers at the Department prior to the introduction of the moratorium and the current numbers in the grades mentioned by the Deputy. There are no vacancies at Principal Officer level or higher, at any of bodies under the aegis of my Department.
Non Administrative Grades
.
|
Grade |
Pre Moratorium |
Current |
|
Chief Inspector |
1 |
1 |
|
Deputy Chief Inspector |
2 |
1 |
|
Assistant Chief Inspector |
11 |
8 |
|
Director NEPS |
1 |
1 |
|
Regional Director NEPS |
6 |
8 |
|
Manager Building Unit |
3 |
3 |
|
Senior Statistician |
1 |
1 |
|
Senior Solicitor |
0 |
1 |
Administrative Grades
|
Grade |
Pre Moratorium |
Current |
|
Secretary General |
1 |
1 |
|
Deputy Secretary |
0 |
1 |
|
Assistant Secretary |
8 |
7 |
|
Director |
1 |
1 |
|
Principal Officer |
39 |
33 |
96. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will provide a full breakdown of the expenditure-related carry forward for budget 2015; and if he will make a statement on the matter. [25059/14]
View answerThe expenditure measures introduced in the Expenditure Report 2014 included measures mainly in the area of pay and pensions arising from the Haddington Road Agreement and other non-pay savings measures.
The Haddington Road Agreement contains provisions which, when fully implemented, will enable the delivery of savings totalling €1 billion by the end of the Agreement. The total amount of allocated savings arising from the implementation of provisions under the Agreement was almost €300m in 2013. A further €465m in savings was incorporated into the budgetary arithmetic for 2014, reflecting the full year impact of various provisions implemented in 2013, as well as measures which are to be implemented in 2014. This brings the total amount of savings allocated to date under the Agreement to over €760m. The rest of the €1 billion will arise over the remaining life of the Agreement; the bulk of this relates to the implementation of productivity and efficiency measures in the Agreement, and decisions about using the associated cash savings will be decided in the context of the Budget.
In overall terms the full-year impact of the non-pay savings measures introduced in last year's Expenditure Report 2014 is expected to be broadly equivalent to the 2014 impact.
As the Deputy is aware, the Government will be publishing its Budget and Estimates in October, based on the up-to-date economic and fiscal outlook at that time. It will set out the Estimates and all pay and non-pay measures as decided by Government for 2015 and the expenditure ceilings for the period to 2017.
97. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he will provide a detailed list in tabular form of all staff vacancies within his Department and in each agency under his Department's remit at principal officer grade or above, including the title of the vacant post and the functional area to which it belongs; the length of time the post has been vacant; the salary attached to the post in question; in respect of agencies where Civil Service grades do not apply, if he will include vacancies where the post attracts a salary equivalent to or greater than principal officer grade; and if he will make a statement on the matter. [25127/14]
View answerThe following table provides details of current staff vacancies within my Department and the agencies under the remit of my Department
|
Department/ Agency |
Vacancy |
Area |
Duration of Vacancy |
Salary |
- |
|
DPER- PeoplePoint |
Principal Officer (standard) |
Head of PeoplePoint |
Since January 2014 |
€79,401- €97,194 |
- |
|
DPER - Office of Government Procurement (OGP) |
Principal Officer (standard) |
Head of Spot Buying |
Since January 2014 |
€79,401-€97,194 |
- |
|
DPER - Office of Government Procurement- (OGP)
|
1*Principal Officer post (standard) |
Portfolio Manager |
Since January 2014 |
€79,401-€97,194 |
*Candidate identified from confined competition- will be in place by end June |
|
Valuation Office |
Managing Valuer (PO Standard) |
Valuation Services |
9 Months |
€75,647 |
- |
|
National Lottery Regulator |
National Lottery Regulator |
Regulation |
New Post (the National Lottery Act 2013 provides for the establishment of this post) |
Non Personal Pension Contribution - €92,100.00 - €110,014.00 - (LSI2) |
- |
|
- |
- |
- |
- |
Personal Pension Contribution - €96,726.00 - €115,576.00 - (LSI2) |
- |
|
Public Appointment Service |
Head of Executive Search |
Senior Executive Recruitment |
New Post 3 year contract |
Principal Officer Standard Personal Contribution Salary Scale - (€79,401), (€82,587), (€85,750). |
The open recruitment process is underway. |
98. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 211 of 6 May 2014, the legal costs incurred in contesting the judicial review mentioned; if officials of his Department were involved in matters giving rise to the judicial review; if officials of his Department were consulted regarding the decision to contest this judicial review; if his Department has obtained a copy of this judgment; the way the judgment will impact on the commission's appeal procedures that are published in the section 15 and 16 freedom of information manual and on the CPSA website; if he will state in view of this judgment whether additional resources are required by the commission; and if he will make a statement on the matter. [25156/14]
View answerThe Commission for Public Service Appointments (CPSA) is an independent entity which regulates recruitment to public sector organisations and ensures that appointments are made on merit. As such, the actions of the CPSA in its management of the judicial review are a matter for itself and not my Department.
My Department has been informed by the CPSA that the legal costs it has incurred to date in successfully contesting the judicial review made by the individual who initiated the Judicial Review proceedings referred to by the Deputy amount to €148,830. This figure excludes the costs associated with the staff time taken up in dealing with the Judicial Review. A separate hearing on costs will take place in the coming weeks and I understand that the CPSA is applying to the Court seeking award of its legal costs. I am advised that the CPSA had signalled its intention to the individual concerned on a number of occasions prior to his initiation of the review that in the event that the judicial review was unsuccessful, it would seek to recover its costs.
The Secretary General to the Department of Public Expenditure and Reform is one of four ex-officio members of the Commission and in that capacity, participated in the CPSA's examination of the individual's original complaint that was the subject of this judicial review, was consulted regarding the decision to contest the Judicial Review and was provided with a copy of the judgment. My Department did not otherwise seek from nor has it been provided with a copy of the judgment from the CPSA although I understand the individual concerned sent it to my Department attached to a Freedom of Information request. The judgment is not - in any event - relevant to any of the functions or responsibilities of my Department. It sets out that (i) the CPSA is subject to judicial review but (ii) the CPSA did not err in law or in fact in the its consideration of the complaint and that its examination was in line with the provisions of its own Code of Practice.
My Department has been informed by the CPSA that the judgment will not have an impact on the Commission's appeal procedures as published in its Section 15 and 16 Freedom of Information manuals. Finally I understand that the impact of the judicial review case on the resources of the CPSA will largely be determined by the outcome of the court's hearing on costs.
99. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will identify where in employment legislation au pairs are provided for as a class of worker for whom all relevant protections under employment law apply; and if au pairs are not provided for in existing legislation, the way he will ensure this category of worker is protected where it is not clear, through no fault of the individual, that he or she working under a contract of employment on a full-time or part-time basis. [25094/14]
View answer100. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the action he is taking to remedy the practice of agencies, agents and host families acting as direct employers openly advertising for au pairs to perform duties outside of the general understanding of the role of au pairs, as set out by him, including 40 hour working weeks, for a salary significantly less than that provided for in the National Minimum Wage Act 2000. [25095/14]
View answer101. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the additional actions he will take to enforce employment law within the au pair industry to address complaints raised with National Employment Rights Authority where persons described by their employers as au pairs have been found to be domestic employees. [25096/14]
View answer102. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the reason he has no plans to make changes to the existing body of employment rights legislation to stop the increasing use of au pairs as domestic or care workers paid below the minimum; and if it is his view that no action is an appropriate response to this anomaly in employment law. [25097/14]
View answer103. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation further to his statement that non-EU nationals wishing to take up a role as an au pair here require a visa from the Irish Naturalisation and Immigration Service, which comes within the remit of the Department of Justice and Equality, while the Department of Children and Youth Affairs has general responsibility for child care matters, in addition to his further statement that Ireland's body of employment rights legislation protects all employees legally employed on an employer-employee basis here, regardless of the title given to them in relation to employment rights of au pairs, it would appear that he is officially endorsing the use of non-national student visas for employment purposes; and if he will make a statement on the matter. [25098/14]
View answerI propose to take Questions Nos. 99 to 103, inclusive, together.
It is important to note that there is no legal definition of an au pair in Irish legislation. However Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees. For example; the National Minimum Wage Act, 2000 requires any persons under a contract of employment to be paid the statutory National Minimum Wage. For the purposes of this Act, this means a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.
Au pair is a cultural term used to describe a student or young adult who travels to a foreign country to live with a family, learn the local language and culture. The use of this term to define a relationship between a host family and an individual does not in itself mean that an employee/employer relationship does not exist; this will be decided based on employment law and the individual characteristics of the relationship. Non-EEA nationals who wish to take up a role as an au pair in Ireland require a visa from the Irish Naturalisation and Immigration Service (INIS), which comes within the remit of the Department of Justice and Equality. With regard to student visas issued by INIS, I would point out that non-EEA nationals attending designated full-time courses of study are normally allowed under the terms of the visa to take up casual employment of up to 20 hours part-time work per week during academic terms or up to 40 hours per week during normal college vacation periods.
Where the National Employment Rights Authority (NERA), which comes within the remit of my Department, receives a complaint involving somebody described as an au pair, NERA will investigate with a view to establishing the person’s statutory entitlements under employment law (including whether the term “au pair” is being used to avoid statutory obligations). NERA has encountered individuals, described by their employers as au pairs, who have been found to be domestic employees. In such cases NERA will seek to vindicate the rights of all workers in accordance with its mandate and powers under employment legislation.
As part of the ongoing NERA campaign on the rights of domestic workers, NERA will shortly be launching an information leaflet to raise awareness of the rights of domestic workers and of employers’ obligations in this area. As part of that process the issue of working hours and wages of domestic workers will be highlighted, as will avenues for redress where workers feel they are not getting their rights.
Given that Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, I have no plans to make changes to the existing body of employment rights legislation in this context. An opinion regarding the question as to whether a person is an employee or not is formed by NERA and/or the relevant employment rights dispute settlement body within the provisions of existing employment legislation and established contract law based on the facts of each case and not based on whether the term au pair is used or not.
Where a person has concerns that employees may be exploited or are receiving less than their statutory entitlement, the matter can be reported to NERA for investigation. Cases for redress on matters relating to employment rights legislation can be made on the workplace relations complaint form available from NERA or online at www.workplacerelations.ie . NERA has a dedicated information service, Workplace Relations Customer Service, which provides information on all aspects of employment rights. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on employment rights on its website www.workplacerelations.ie.
I would urge the Deputy, if he is aware of any case where an employee is being exploited in this context, to report the specifics to NERA for investigation.
