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Thursday, 20 Nov 2014

Written Answers Nos. 121 - 140

School Transport Eligibility

Questions (121)

Noel Harrington

Question:

121. Deputy Noel Harrington asked the Minister for Education and Skills further to Parliamentary Question No. 182 of 2 October 2014 if she will review the application for transport assistance as the person is attending the nearest boarding school with an all-Irish ethos on the mainland and has to attend a boarding school as it is not feasible for them to attend a day school; and if she will make a statement on the matter. [44591/14]

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Written answers

The Deputy will be aware that under the terms of my Department's Post Primary School Transport Scheme, children are eligible for transport where they reside not less than 4.8 kilometres from and are attending their nearest education centre as determined by my Department/Bus Éireann, having regard to ethos and language.

Bus Éireann has advised that the child referred to by the Deputy is not attending her nearest all-Irish boarding school on the mainland and is therefore not eligible for school transport.

While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport is to the nearest school.

The terms of the School Transport Scheme are applied equitably on a national basis.

Disadvantaged Status

Questions (122)

Terence Flanagan

Question:

122. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding her Department's designation of a school (details supplied); and if she will make a statement on the matter. [44600/14]

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Written answers

St Francis of Assisi NS was deemed to not have a sufficient concentration of disadvantage among its pupils to warrant its inclusion in DEIS. Assessment of schools for inclusion in DEIS was undertaken as an independent process on behalf of the Department by the Educational Research Centre.

My key priority at present is to continue to target resources in schools with the most concentrated levels of disadvantage and given the current economic climate there is no capacity to provide for the inclusion of additional schools in DEIS at this time.

Residential Institutions

Questions (123)

Michael McGrath

Question:

123. Deputy Michael McGrath asked the Minister for Education and Skills the position regarding plans for a monument to commemorate the survivors of residential institutions; if a decision has to be made as to the location of the monument; if she plans to proceed with the project; and if she will make a statement on the matter. [44636/14]

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Written answers

An Bord Pleanála refused planning permission for the proposed Memorial, which was to be integrated with the Garden of Remembrance, in November 2013. Subsequently, the Memorial Committee advised that the Journey of Light proposal was not transferable to another site as it is inextricably linked with the Garden of Remembrance. Neither did it consider that the Board's decision should be appealed. The Committee considered that any new competition should be open to conceptual and site specific proposals and that a central Dublin location be identified on a cost neutral basis with appropriate zoning.

My officials are consulting with the OPW and Dublin City Council in relation to the identification of a suitable central Dublin location as suggested by the Committee.

Residential Institutions Redress Scheme Eligibility

Questions (124)

Michael McGrath

Question:

124. Deputy Michael McGrath asked the Minister for Education and Skills her plans to review the requirement that a survivor of abuse in residential institutions must have gone through the redress board in order to access support from Caranua; and if she will make a statement on the matter. [44637/14]

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Written answers

The Residential Institutions Statutory Fund Act 2012 provides that those former residents who received awards from the Residential Institutions Redress Board or equivalent Court awards or settlements are eligible to apply to Caranua. This approach was taken having regard to the maximum funds available of €110 million and a potential pool of some 15,000 applicants.

As the Deputy may be aware, a commitment was given during the passage of the 2012 Act to review the operation of the Fund two years after its establishment in the event of applications not resulting in a significant expenditure of the Fund. Following its establishment in March 2013, Caranua began to accept applications in January 2014. Accordingly it would be my intention to consider the question of a review of the operation of the Fund next year.

Residential Institutions Redress Scheme Eligibility

Questions (125)

Michael McGrath

Question:

125. Deputy Michael McGrath asked the Minister for Education and Skills when she expects the final report of the Residential Institutions Redress Board to be published; and if she will make a statement on the matter. [44638/14]

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Written answers

The Residential Institutions Redress Board has completed almost all of the applications received and is finalising the remaining legal costs associated with applications. Apart from this, there are a number of applications on appeal to the Review Committee and there are a number of judicial reviews before the High and Supreme Courts. There is also the issue of the retention of the Board's records which requires separate legislation.

As the Deputy may be aware, the Residential Institutions Redress Act, 2002, provides for the Board, having completed the performance of its function, to be dissolved by Order, following a positive Motion of each House of the Oireachtas. I will be consulting with the Chairperson of the Board and the issue of a final report will be addressed in due course.

Residential Institutions Redress Scheme Eligibility

Questions (126)

Michael McGrath

Question:

126. Deputy Michael McGrath asked the Minister for Education and Skills her plans to change the residential institutions redress legislation in order that a survivor may nominate a person to benefit from entitlements under the redress scheme in the event of the death of the survivor; and if she will make a statement on the matter. [44639/14]

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Written answers

Section 9 of the Residential Institutions Redress Act, 2002 addresses a range of scenarios where a survivor dies. It provides for applications to be brought by the spouse or children of survivors who would have qualified as applicants and who died after 11th May 1999. It also provides that where an applicant dies after making an application but before the Board has made a determination, the surviving spouse or children can proceed with the application. In these situations the Board must direct that the award is paid to the personal representative of the deceased survivor. The section was amended in 2005 to provide for situations where an applicant dies after the Board has made an award but prior to the applicant deciding whether to accept or reject the award. In this circumstance a surviving spouse or child can proceed with the matter or where there is no surviving spouse or child, the applicant is deemed to have accepted the award and the Board will direct that it is paid to the personal representative of the applicant.

I have no plans to amend these provisions. I would point out that at end October 2014 the Redress Board had finalised 16,616 of the 16.625 applications received, leaving 9 applications to be finalised

Schools Building Regulations

Questions (127)

Catherine Murphy

Question:

127. Deputy Catherine Murphy asked the Minister for Education and Skills if her attention has been drawn to cases where the minimum floor space guidelines for classrooms are being breached; if she will provide a list of these cases; her Department's intention to alleviate this overcrowding in view of the maintenance of the pupil-teacher ratio at the second worst level in the EU; and if she will make a statement on the matter. [44682/14]

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Written answers

I wish to advise the Deputy that my Department has produced a suite of technical guidance documents, which are available on my Department's website, www.education.ie, to assist design teams in best practice in the design and development of schools in green field site situations. These documents cover all aspects of the development of a building project for both internal and external works. The current practice is to use a guideline of 80m² as the standard size for a general primary school classroom. This space allows for the inclusion of two en-suite toilets and in room storage. In the case of existing schools and given the limitations of existing buildings, site conditions and funding availability, it is not always possible to achieve the level of accommodation that is provided with a new school design. For example, ensuring the availability of sufficient playground space can be much more difficult particularly in town and city locations. However, such limitations can often be addressed through the use of a school's general purpose room together with the arranging of access to local community facilities and amenities.

The Government's focus in recent years has been on operating a budgetary programme that is designed to return the Government finances to a sustainable basis. My main priority for any additional resources for the foreseeable future will be to cater for the continuing increase in demographics at all levels in the education system. We have a growing population of young people in this country and despite the difficult financial circumstances we face as a country, we prioritised education so that the number of teachers we have in the system has also grown in order to protect existing pupil teacher ratios. There were 1,000 more teachers employed in schools around the country in the last school year than there was the year before. There will be a further increase of circa 1,300 teachers in the current school year. This is a very significant investment at a time of scarce resources.

Student Grant Scheme Payments

Questions (128)

Willie Penrose

Question:

128. Deputy Willie Penrose asked the Minister for Education and Skills if she will take steps to have a student grant paid out to a person (details supplied) in County Westmeath who originally sent in the completed information in August 2014 and not 10 October 2014 as indicated on the tracking system; if same will now be paid out without further delay; and if she will make a statement on the matter. [44683/14]

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Written answers

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter.

Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. SUSI are responding to email queries within a matter of days.

Student Grant Scheme Eligibility

Questions (129)

Dara Calleary

Question:

129. Deputy Dara Calleary asked the Minister for Education and Skills the options that are available in respect of a person (details supplied) for a Student Universal Support Ireland grant; and if she will make a statement on the matter. [44698/14]

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Written answers

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter.

Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. SUSI are responding to email queries within a matter of days.

Departmental Staff Data

Questions (130)

Barry Cowen

Question:

130. Deputy Barry Cowen asked the Minister for Education and Skills if she will provide in tabular form, the number of staff in her data protection office; if she has a specified data protection officer; and if she will make a statement on the matter. [44725/14]

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Written answers

My Department has a designated Data Protection/Freedom of Information/Records Management Officer who is responsible for implementing data protection legislation in accordance with the Data Protection Acts 1988 and 2003. There are 3.25 (whole time equivalent) staff in this office. The DES has published a 'Data Protection Code of Practice' which outlines the steps taken when processing personal data and the manner in which my Department responds to requests for access to personal data. The Code of Practice is available on the DES website.

Departmental Programmes

Questions (131)

Martin Heydon

Question:

131. Deputy Martin Heydon asked the Minister for Education and Skills if she will provide details of programmes run by her Department for school-going children to educate them and raise awareness of issues around domestic abuse; her plans for further initiatives in this area to increase awareness among children of supports and protections available to them; and if she will make a statement on the matter. [44736/14]

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Written answers

Relationship and Sexuality Education is embedded within Social, Personal and Health Education (SPHE) at Junior Cycle level. Schools are also required to provide an Relationship and Sexuality Education (RSE) programme in Senior Cycle.

The SPHE curriculum aims to provide a range of generic skills such as communicating, making decisions, knowing where to find reliable data, belonging and integrating, handling conflict constructively, dealing with bullying, expressing feelings and emotions, substance abuse, resisting peer pressure, personal safety, values and mutual respect.

Relationships and Sexuality Education aims to enable our young people to have the knowledge and understanding to cope with challenges and to develop resilience in difficult situations. The themes of domestic violence is not dealt with explicitly. Instead, a generic skills approach is adopted which can be adapted to relevant situation, including domestic abuse. SPHE also promotes respect and equality in relationships. The personal safety strand of the SPHE curriculum in year 3 of Junior Cycle provides specifically for recognising unsafe situations, it also covers the issue of violence and sources of help.

Minor Works Scheme Restoration

Questions (132)

Brendan Smith

Question:

132. Deputy Brendan Smith asked the Minister for Education and Skills her plans to reintroduce the minor works scheme in view of the fact that it has been an essential support for schools to maintain and improve school accommodation; and if she will make a statement on the matter. [44759/14]

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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 €28m, states "the grant will only be paid in future years as funding permits". 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.

On the announcement of the Medium Term Education Capital Investment Framework 2012-2016 on 10 November 2011 the priority identified was to deliver major school projects and smaller projects devolved to schools to meet demographic demands. It was signalled at that time that given the need to focus on meeting the demand for additional school places that it was unlikely that funding would be available for a minor works grant in the coming years.

As the annual increase in student numbers is projected to continue at primary level until 2018 and at post-primary until 2025, I am not in a position to re-introduce the Minor Works Grant on an annual basis.

Climate Change Policy

Questions (133, 136)

Róisín Shortall

Question:

133. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government regarding the forthcoming climate Bill, if he will consider incorporating the principles of climate justice and the definition of low carbon used in the Government's national policy position into the Bill; the measures he plans to take to ensure the independence of the expert advisory body; and if he will make a statement on the matter. [44595/14]

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Finian McGrath

Question:

136. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on guidelines (details supplied) to be put in place in the climate change Bill to ensure responsibility for climate change; and if he will make a statement on the matter. [44647/14]

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Written answers

I propose to take Questions Nos. 133 and 136 together.

I would refer to my reply to Questions Nos. 505, 509, 518, 522, 526, 490 and 491 on Tuesday, 18 November 2014. The position is unchanged.

Water Services Infrastructure

Questions (134)

Gerry Adams

Question:

134. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the legal distance that must be maintained between the water mains and gas meters; and if he will make a statement on the matter. [44618/14]

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Written answers

This matter does not arise as the water meter is located at the outside stop valve (OSV) for the domestic dwelling at the connection with the water mains on publicly accessible land, whereas gas meters are generally located at the wall of the dwelling itself.

As regards the location of utility pipes in the network, the gas networks utility would have stipulations on proximity to their pipe based on the pressure of the pipe in question.

Coastal Erosion

Questions (135)

Anne Ferris

Question:

135. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government the plans for protection against ongoing and serious coastal erosion; and if he will make a statement on the matter. [44631/14]

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Written answers

It is a matter for the local authority in the first instance to identify and prioritise areas of risk of erosion along its coastline and then to assess if viable measures to address that risk are available. However, the funding of such works is not a matter for my Department. Local authorities may apply to the Office of Public Works for funding to assist with coastal protection works.

Where proposed coastal protection works involve the foreshore as defined in section 1 of the Foreshore Act 1933, it is necessary for the project proponent to apply to my Department for the requisite consent under the Foreshore Act to carry out such works.

Question No. 136 answered with Question No. 133.

Local Authority Housing Provision

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which Kildare County Council has sought funding for specific housing proposals to alleviate the urgent and immediate problem of homelessness with particular reference to the need to acquire a number of already constructed housing units for this purpose; similarly the extent to which his Department has received specific proposals for a short- and medium-term housing construction programme to benefit all of the major towns and villages in view of the extent of the existing local authority housing waiting list and the need for urgent action in this regard; the extent to which his Department is likely to respond to such requests; and if he will make a statement on the matter. [44654/14]

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Written answers

All local authorities, including Kildare County Council, are advancing a range of new social housing developments and acquisitions to meet their needs, including those in relation to people affected by homelessness or for other priority needs. The funding for such social housing provided to local authorities by my Department supports the development of new social housing units and the acquisition of units and it is a matter for the local authority to identify their own priorities in this regard.

Pending the finalisation of social housing funding allocations for 2015 to all local authorities, Kildare County Council is continuing to work on projects announced in March 2014 under a national €68 million local authority housing construction programme to provide 449 new social housing units. A further €46 million was allocated in May to approved housing bodies to provide 416 social housing units for people with special housing needs. Funding to Kildare County Council under both these measures has already been approved in principle by my Department at approximately €6.5 million. This is based on proposals developed and submitted by the local authority in respect of over 50 social housing units.

Looking forward, my Department will continue to engage with local authorities in respect of their social housing requirements, in order to meet the ambitious targets set out in Budget 2015, which will see the provision of capital funding for social housing increased by €180 million.

Local Authority Finances

Questions (138)

Catherine Murphy

Question:

138. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government in view of the €323,102,783 cash balance of development contributions held by local authorities but which has not been spent, the amount that was paid in relation to water and wastewater services; if this money can be accessed by local authorities now that Irish Water has taken over responsibility for these services; if this is part of the service-level agreements in place between Irish Water and local authorities; the way local authorities are pursuing the outstanding €394,157,880 of development contributions owed but not paid; the amount that has been written off each year in the past five years; and if he will make a statement on the matter. [44674/14]

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Written answers

Development contributions are a key part of securing investment in enabling infrastructure required to facilitate future development. A planning authority may, when granting a permission under section 34 of the Planning and Development Act 2000 (as amended), include conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority. Information on the amounts that were paid in relation to water and wastewater services is not available in my Department.

Local authorities have been working for some time on a water balancing statement which outlines the financial position at the end of 2013. Irish Water commenced a due diligence exercise with each local authority and, subject to the resolution of some individual outstanding issues, the balances will transfer to Irish Water. Development contributions are being analysed as part of this exercise.

Where any payments in respect of development contributions are not settled, such payments may be pursued by the planning authority through the courts as a contract debt and, until such time as amounts outstanding are discharged in full, the conditions of the relevant planning permission have not been met and the development is unauthorised. Information on the amounts written off is not available in my Department.

Environmental Policy

Questions (139)

Martin Heydon

Question:

139. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if he will provide an update on his Department's review of international developments on potential health effects of electromagnetic fields emanating from transmission grid infrastructure; when he expects it to be concluded; and if he will make a statement on the matter. [44675/14]

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Written answers

The issue of the potential health effects of electromagnetic fields was the subject of an Expert Group Report commissioned by the Government and published in March 2007. This Report, entitled Health Effects of Electromagnetic Fields, is available for download on my Department’s website at: http://www.environ.ie/en/Publications/Environment/EnvironmentalRadiation/.

My Department recently commissioned a study on international developments in non-ionising radiation (NIR) and electromagnetic fields (EMF) research since the publication of the 2007 Report. The study is also examining how the issue of NIR/EMF is dealt with in other jurisdictions. Work on the study commenced during the Summer and it is expected that a final draft will be presented to my Department before the end of this year.

The results of this study will be used by a Steering Committee, convened and chaired by my Department, to make specific proposals relating to the future management of these matters including, inter alia, any consequent legislative amendments and provision of appropriate technical expertise and associated resources.

Local Authority Finances

Questions (140)

Catherine Murphy

Question:

140. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if local authorities are still restricted in accessing cash balances of development contributions held by them; if he is considering any changes in this area in view of the significant sums on balance and sums still owed; and if he will make a statement on the matter. [44676/14]

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Written answers

Development contributions are a key part of securing investment in enabling infrastructure required to facilitate future development. A planning authority may, when granting a permission under section 34 of the Planning and Development Act 2000 (as amended), include conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority. Each planning authority is required to include in its statutory accounts details of contributions received and information on how the contributions have been spent.

Local authorities are required to maintain a balanced Capital Account, meaning that any general capital expenditure/income must be balanced within the year; the spending of funds from capital reserves, such as those arising from development contributions, is included in this computation. This requirement is set out in Circular Fin 03/2009 (Control and Monitoring of Local Authorities Contribution to the General Government Balance) issued by my Department. More recently, Circular Fin 13/2012 requires that the local government sector continues to be managed in balance over the medium term and, in particular, that General Government Balance (GGB) neutrality is achieved.

This requires that local authorities strictly adhere to the stipulations in terms of ensuring balanced revenue and capital accounts. Spending from capital reserves must be sanctioned by my Department in the context of the management of the GGB for the local government sector.

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