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Tuesday, 18 Nov 2014

Written Answers Nos. 457-470

Schools Refurbishment

Questions (457)

Seán Ó Fearghaíl

Question:

457. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if her attention has been drawn to issues relating to health and safety at a school (details supplied) in County Kildare; if she will re-evaluate the submission made by the school seeking the removal of asbestos floor tiles, stair covering and the re-ordering of stairs; if she will accept responsibility in the event of any further future claims against the board of management arising out of conditions at the school; the way the school has been advised in writing to apply for emergency works in April 2015; if she considers this response to be acceptable; and if she will make a statement on the matter. [43854/14]

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Written answers

The school referred to by the Deputy submitted an application for funding under my Department's Emergency Works Scheme in July 2014 to have asbestos removed from their school building.

Due to the nature of the works the School Management Authority were advised by officials from the Planning and Building Unit that the proposed works could not be carried out in a safe manner while there were pupils in the school and it would not be possible to have the works completed by September 2014. The school authority was advised to contact the Department again in early 2015 with a view to having the works carried during summer holidays when the school building will be closed.

Schools Building Projects Applications

Questions (458)

Charlie McConalogue

Question:

458. Deputy Charlie McConalogue asked the Minister for Education and Skills if her departmental officials have received a request to meet with a delegation from a school (details supplied) in County Donegal, to discuss the need for a new building and to highlight traffic safety concerns with the current location of the school; if so whether her officials would meet a deputation from the school; and if she will make a statement on the matter. [43899/14]

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Written answers

I can advise that a request for a meeting with a delegation from the school, to which the Deputy refers, was recently submitted to my Department's Planning and Building Unit. I understand my officials have been in touch with the school recently and are waiting on the school's Design Team and the School Authority to respond, prior to arranging the Stage 2(a) Stakeholders Meeting. School building projects, including the project for the school referred to by the Deputy, which have not been included in the Five-Year Construction Programme, but which were announced for initial inclusion in the building programme will be ready to be progressed to the final planning stages in anticipation of the possibility of further funds being available to the Department in future years.

School Staffing

Questions (459)

Dara Calleary

Question:

459. Deputy Dara Calleary asked the Minister for Education and Skills the discussions her Department or any officials or inspectors within the Department have had with a school (details supplied) in County Mayo regarding its future staffing requirements or any other issues; and if she will make a statement on the matter. [43942/14]

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Written answers

The criteria used for the allocation of teachers to primary schools is published annually.

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.

There is no change to the staffing of the school referred to by the Deputy for the current 2014-15 school year. The school has a mainstream staffing of Principal teacher and 1 classroom teacher based on an enrolment of 25 pupils at 30 September 2013. The staffing arrangements for the 2015/16 school year will be published early in 2015 and this will enable schools to determine their staffing levels for the 2015/16 school year.

State Examinations Commission

Questions (460)

Charlie McConalogue

Question:

460. Deputy Charlie McConalogue asked the Minister for Education and Skills if she will re-examine an application for reasonable accommodation in respect of a student with learning difficulties (details supplied); and if she will make a statement on the matter. [43987/14]

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Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Commercial Marketing in Schools

Questions (461, 462, 463, 464, 465, 466)

Richard Boyd Barrett

Question:

461. Deputy Richard Boyd Barrett asked the Minister for Education and Skills in view of the fact that it is now 23 years since her Department issued any circular on commercial promotions in schools, her plans to issue updated guidelines so as to protect children from exploitative advertising in school; and if she will make a statement on the matter. [44017/14]

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Richard Boyd Barrett

Question:

462. Deputy Richard Boyd Barrett asked the Minister for Education and Skills her views that the legal obligation on children to attend school makes them a unique space in society which should remain the same with respect to commercial marketing; and if she will make a statement on the matter. [44018/14]

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Richard Boyd Barrett

Question:

463. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if she will provide a breakdown on the number of companies currently advertising in Irish schools through various marketing promotions; and if she will make a statement on the matter. [44019/14]

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Richard Boyd Barrett

Question:

464. Deputy Richard Boyd Barrett asked the Minister for Education and Skills her views on the appropriateness that a bank (details supplied) will be allowed establish commercial branches in secondary schools here and select students to promote its financial products; if so, her views that schools should extend the same rights to all financial institutions; and if she will make a statement on the matter. [44020/14]

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Richard Boyd Barrett

Question:

465. Deputy Richard Boyd Barrett asked the Minister for Education and Skills her views on the decoration of a commercial logo to be an appropriate visual art lesson in primary schools; if not, her further views on a promotion (details supplied) wherein children's entries must feature the sponsor's logo prominently in order to be considered valid; and if she will make a statement on the matter. [44021/14]

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Richard Boyd Barrett

Question:

466. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the position in relation to Article 3 of the UNCRC which guarantees children the right to an education in which their best interests are paramount in the context of ongoing commercial promotions in schools where the sponsors' interests are to the fore; and if she will make a statement on the matter. [44022/14]

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Written answers

I propose to take Questions Nos. 461 to 466, inclusive, together.

As the Deputy will be aware, under Section 15 of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school and is therefore responsible for making decisions as to the types of activities in which the school gets involved. The decision as to whether to accept sponsorship or partake in promotions is one for the Board of Management to take and naturally, the Board of Management should only engage in activities that are in the best interests of their students.

Private companies are also free to promote their business in accordance with accepted marketing practices. There are accepted marketing standards, such as compliance with advertising regulations which guide, inform and control the relationship between the vendor and the potential customers. Decisions in relation to participation in promotions are taken at individual school level and there is no requirement that schools report to my Department on this issue. The data requested by the Deputy in relation to the numbers of companies involved is therefore not available within my Department.

In making such decisions, it is important that schools strike a balance between the potential benefit to be gained from positive links with businesses while at the same time protecting children and their parents from inappropriate marketing etc. In this context, my Department's circulars - while entrusting school authorities with deciding which activities to engage in - explicitly require them to ensure that pressure is not placed on parents to buy particular products.

My Department recognises the sensitivities attached to the issue of promotion initiatives linking schools, pupils and parents to commercial activity. However, it would be inappropriate to prohibit marketing or sponsorship initiatives, provided that such schemes do not place undue pressure on parents in terms of additional expenditure, that children are protected from engagement in inappropriate promotional activity and that the schemes are linked to desirable projects of educational value.

I have previously stated my position that schools need to be accountable generally to parents and we need greater levels of communication, engagement and transparency in how schools serve their communities. In that context, I am planning on introducing legislative amendments to underpin a Parents' and Students' Charter.

The legislative amendments will set out the key principles that should apply in the relationship between a school and its parents and students. They will also create a power for the Minister to publish statutory guidelines that will be based on these principles and which will set out detailed actions and standards that will apply in all schools.

The legislation will require consultation with the education partners on the detailed content of the Charter. Issues such as that raised by the Deputy can be considered as part of this process.

Schools Building Projects Administration

Questions (467)

Willie Penrose

Question:

467. Deputy Willie Penrose asked the Minister for Education and Skills the steps she will take to ensure that workers who are employed by construction companies who are engaged in school building projects (details supplied) are remunerated according to the sectoral norm and are not subject to exploitation; her plans with the Department of Jobs, Enterprise and Innovation to ensure that exploitative practices engaged in by certain construction companies are outlawed and that no further capital projects will be awarded to such companies; and if she will make a statement on the matter. [44031/14]

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Written answers

As the Deputy is aware my Department appointed Contractors Administration Services (CAS), to conduct random audits on school building projects. CAS have been requested to carry out a full monitoring service for the duration of the contract at the school in question. Should irregularities be uncovered in terms of non-compliance with relevant employment law, enforcement and prosecution falls under the remit of NERA and my Department will report any discrepancies found to it.

If the audit uncovers any other matters of concern regarding tax compliance or social welfare fraud, such matters will be referred to either the Revenue Commissioners and/or the Department of Social Protection as appropriate.

The Government has recently approved the preparation of legislation to provide for a revised legislative framework to replace the Registered Employment Agreement system and I have recently met with the Minister for Business and Employment, Gerald Nash, to discuss the progress on this new legislation. I am also meeting unions representing construction workers in the coming days to discuss their views on the proposed new legislation.

The new mechanism will allow unions and employers to apply to the Labour Court to initiate a review of pay/pensions/sick pay terms of workers in a particular sector and make recommendations to the Minister for the making of an order in these areas. The new mechanism will also provide for flexibility in response to changing economic circumstances or changes in the make-up of a sector.

Minor Works Scheme Applications

Questions (468)

Brendan Griffin

Question:

468. Deputy Brendan Griffin asked the Minister for Education and Skills if a minor works grant will be provided to a school (details supplied) in County Kerry; and if she will make a statement on the matter. [44054/14]

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Written answers

Circular Letter 0062/2013 which was published, as the Minor Works Grant for the school year 2013/2014 issued last November in the amount of €28 million, states "the grant will only be paid in future years as funding permits". The focus under the Infrastructure and Capital Investment Programme 2012-2016 is on meeting the demand for additional school places.

At this time there is no funding available within my Department's 2014 financial allocation for the payment of the 2014/2015 Minor Works Grant.

I am aware that whenever my Department is in a position to issue a Minor Works Grant (to all primary schools with permanent recognition) that it is welcomed by school communities and management bodies including the school in question as a valuable contribution towards the cost of maintaining school infrastructure.

Departmental Staff Retirements

Questions (469)

Terence Flanagan

Question:

469. Deputy Terence Flanagan asked the Minister for Education and Skills the number of staff that are drawing down retirement pensions from the public sector or Civil Service and that have been brought back on contract work or temporary contracts to work in her Department; and if she will make a statement on the matter. [44114/14]

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Written answers

My Department collates information in relation to individuals who retired from the civil service and are re-engaged to undertake specific tasks.

Retired civil servants are engaged from time to time to perform various defined tasks that require their particular expertise and experience. Payments made to retired civil servants in respect of such work are determined in accordance with the abatement principle whereby total earnings in any year, inclusive of pension, cannot exceed the retirement salary of the retired individual. The number of civil servants re-engaged for last year 2013 was 31. As data in relation to the re-engagement of retired civil servants is compiled retrospectively at the commencement of each new year, details in relation to 2014 will not be available until early 2015.

Pupil-Teacher Ratio

Questions (470)

John McGuinness

Question:

470. Deputy John McGuinness asked the Minister for Education and Skills if an appeal for an extra teacher in respect of a school (details supplied) in County Kilkenny will be granted based on its intake of pupils which resulted in a total of 91 pupils; and if she will make a statement on the matter. [44132/14]

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Written answers

The criteria used for the allocation of teaching posts for the 2014/2015 school year is set out in the Staffing Schedule (Circular 0007/2014) which is available on the Department website.

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 30 September 2013.

The staffing schedule also includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeals Board. The appeal criteria are published in Circular 0007/2014.

The school referred to by the Deputy submitted an appeal to the June, 2014 meeting of the Primary Staffing Appeals Board. The appeal was refused by the board on the basis that the grounds of the appeal did not meet the published criteria. The school was notified accordingly.

The Primary Staffing Appeals Board operates independently of the Minister and the Department and its decision is final.

The staffing arrangements for the 2015/16 school year will be published early in 2015 and this will enable schools to determine their staffing levels for the 2015-16 school year.

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