Tuesday, 19 May 2015

Written Answers Nos. 442-457

Schools Building Projects Status

Questions (442)

Charlie McConalogue

Question:

442. Deputy Charlie McConalogue asked the Minister for Education and Skills the progress of a new school building in respect of a school (details supplied) in County Dublin; the reason there is such a delay in sanctioning the go-ahead for the school to move into the new buidling in view of the fact that the school was advised of this in 2005; if a meeting can be organised between the school management and her Department's schools capital appraisal team; if not, the reason for same; and if she will make a statement on the matter. [19662/15]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that my Department remains committed to providing permanent accommodation for the school to which he refers. The Deputy is aware that it is intended that the school will relocate to a premises currently occupied by a special school pending the construction of a new school for the latter. The major building project for the special school is currently at an advanced stage of architectural planning.

The Design Team are currently preparing the Stage 2(b) Detailed Design documentation for submission to the Department for review and approval. Assuming no issues arise in the review of the Stage 2b submission, the project will then be authorised to proceed to tender.

My Department considers that a meeting with the school would not be beneficial at this time. However, it is open to the school to submit an application for additional temporary accommodation, should this be required, pending the availability of its long term accommodation.

School Patronage

Questions (443)

Clare Daly

Question:

443. Deputy Clare Daly asked the Minister for Education and Skills if any deeds of variation have been signed for national schools. [19697/15]

Written answers

Minister for Education and Skills

A small number of deeds of variation were signed prior to 2006. Since that time there have been ongoing discussions with the relevant patron bodies in relation to the wording of the Deeds of Variation, and no deeds have been signed in the interim.

State Examinations Oversight

Questions (444)

Tony McLoughlin

Question:

444. Deputy Tony McLoughlin asked the Minister for Education and Skills the grounds on which the decision was made not to grant a person (details supplied) in County Sligo a reader for the leaving certificate in 2015 in view of the fact that during the appeal the person included an up-to-date psychologist report which had a standard score of less than 85, which satisfies the qualifying conditions for approval for a reader; and if she will make a statement on the matter. [19700/15]

Written answers

Minister for Education and Skills

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.

School Transport Administration

Questions (445)

Seán Ó Fearghaíl

Question:

445. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills further to Parliamentary Question No. 184 of 7 May 2015, the tendering system that was in place between Bus Éireann and her Department in relation to school transport at the time the complaint to the European Commission was made; and if she will make a statement on the matter. [19724/15]

Written answers

Minister of State at the Department of Education and Skills

The school transport scheme, which is in existence since 1967, is operated by Bus Éireann on behalf of the Department. The scheme continues to be operated on the basis of a 1975 Summary of Accounting Arrangements between the Department and Bus Éireann.

Schools Building Projects Status

Questions (446)

Tony McLoughlin

Question:

446. Deputy Tony McLoughlin asked the Minister for Education and Skills in view of a school (details supplied) in County Leitrim that recently received grant approval for a new 16 sq. m. learning support room by her Department, if she will re-examine this allocation in view of the fact it was expected by the school that it would have received a much larger unit to cater for increased enrolment; and if she will make a statement on the matter. [19729/15]

Written answers

Minister for Education and Skills

As the Deputy is aware, the school referred to was recently approved a devolved grant to build a 16sqm learning support room to meet its accommodation needs. This additional learning support accommodation is considered adequate to meet the school needs having regard to the school's current level of staffing, pupil enrolments and extent of existing accommodation.

School Staff

Questions (447)

Michael Healy-Rae

Question:

447. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding a permanent teaching post in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19747/15]

Written answers

Minister for Education and Skills

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent/CID holding teachers to other schools that have vacancies. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers. Arrangements for panel access for fixed-term (temporary), substitute and part-time teachers to the Supplementary Redeployment Panel for the 2015/16 school year are set out in Circular 0072/2014 which is available on the Department website.

Applicants must meet all of the published criteria in order to gain access to the Supplementary Redeployment Panel.

The teacher referred to by the Deputy failed to meet the Teaching Council registration and the Scale Point criteria and is therefore ineligible to be included on the Supplementary Redeployment Panel for the 2015/16 school year.

English Language Training Organisations

Questions (448, 449)

Martin Heydon

Question:

448. Deputy Martin Heydon asked the Minister for Education and Skills the responsibility her Department has to students of English language colleges which close down owing money to students who are denied the services they came here to obtain and for which they have paid; and if she will make a statement on the matter. [19756/15]

Martin Heydon

Question:

449. Deputy Martin Heydon asked the Minister for Education and Skills the steps her Department has taken to ensure that English language colleges are efficiently run; if she will provide the services that have been advertised and paid for by foreign students; and if she will make a statement on the matter. [19757/15]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 448 and 449 together.

Provision of private education, including English language training, is not subject to mandatory regulation in the State. The majority of English language schools in Ireland are privately run. Education providers are subject to unannounced inspection by the Irish Naturalisation and Immigration Service and the Garda National Immigration Bureau for immigration control purposes. English language training organisations registered for quality purposes with ACELS (Accreditation and Co-ordination of English Language Services) on a voluntary basis are inspected as part of the ACELS scheme.

While I have every sympathy for the genuine affected students who lost money when the colleges closed, the relationship between students and private colleges is based on a private contract so there is no obligation on my Department or the State to provide refunds, or to pay for alternative provision. For that reason, the Task Force which I established jointly with the Minister for Justice and Equality to assist affected students has worked closely with the representative bodies of the high-quality private sector providers to develop solutions that could provide alternative courses at a significantly discounted rate for students impacted by the closures who were not covered by learner protection arrangements.

I am aware that liquidation proceedings are underway in certain cases, and students are pursuing claims as creditors through this process, including with the support of the Irish Council for International Students. Students may also be entitled to a refund from their agent or credit-card company.

My Department and the Department of Justice and Equality have produced a package of reforms to the student immigration system for international education which will be brought to Government for its approval shortly. These reforms will drive a restructuring in the sector designed to improve the overall quality of offering to international students, improve protection for learners, enhance Ireland's reputation and diminish negative impacts on the Irish labour market and social protection costs, strongly in line with the goals of Ireland's international education strategy.

Schools Building Projects Status

Questions (450)

Alan Farrell

Question:

450. Deputy Alan Farrell asked the Minister for Education and Skills if she will provide an update on the new school building project for a school (details supplied) in Dublin 13; and if she will make a statement on the matter. [19768/15]

Written answers

Minister for Education and Skills

The major building project referred to by the Deputy is currently at Stage 2A of Architectural Planning. The ETB and its Design Team are finalising the Stage 2A report for presentation to my Department.

Upon completion of stage 2A and subject to no issues arising, this project will then be authorised to proceed to Stage 2B - Detailed Design Stage which includes applications for Planning Permission, Fire Safety Certification, Disability Access Certification and the preparation of tender documents.

Due to competing demands on the Department's capital budget imposed by the need to prioritise the limited funding available for the provision of additional school accommodation to meet increasing demographic requirements it was not possible to include this project in the 5 year construction programme announced in March 2012.

School building projects, including the project referred to by the Deputy, which were previously initiated but not included in the current five year construction programme will continue to be progressed to final planning stages in anticipation of the possibility of further funds being available to the Department in the future

School Accommodation Provision

Questions (451)

Alan Farrell

Question:

451. Deputy Alan Farrell asked the Minister for Education and Skills the number of prefabricated mainstream classrooms in Dublin North, including in Portmarnock and in south Swords, in tabular form, for each of the past ten years; and if she will make a statement on the matter. [19769/15]

Written answers

Minister for Education and Skills

Information on the number of rented prefab units in Primary and Post-Primary schools in Dublin city and county for the years 2011 to date is set out in the following table for the Deputy's attention. My Department does not hold information in the sub-county format as requested. Data prior to 2011 is not available. Please note that a prefab unit may consist of one or more classrooms and/or ancillary accommodation.

My Department's over-riding objective is to ensure that every child has access to a physical school place and that our school system is in a position to cope with increasing pupil numbers. To ensure that this is achieved, the delivery of major school projects to meet significant demographic demands nationally will be the main focus for capital investment in schools in the coming years.

Under my Department's Prefab Replacement Initiatives 2012 and 2013, 34 school authorities in the Dublin area were allocated funding totalling €11.1m to replace rented prefabs with permanent accommodation.

Prefabricated accommodation in Primary & Post Primary schools in Dublin city and county - 2011 to date

Year	No of schools	No of units
2011	96	285
2012	84	249
2013	81	217
2014	66	163
2015 (to date)	66	161

Educational Disadvantage

Questions (452)

Clare Daly

Question:

452. Deputy Clare Daly asked the Minister for Education and Skills further to Parliamentary Questions Nos. 460 and 461 of 6 May 2015, the reason a school (details supplied) in County Dublin is unable to enter the delivering equality of opportunity in schools scheme's rural band. [19778/15]

Written answers

Minister for Education and Skills

Following an independent identification process in 2005, and a subsequent appeal process in 2006, the school to which the Deputy refers was not deemed to meet the criteria for inclusion in the DEIS (Delivering Equality of Opportunity in Schools) Programme.

As the Deputy may be aware, I have recently announced a process for the review of DEIS,which will include the development of a new identification process for schools during the next school year. While this process is underway, I do not propose to make any changes to current policy regarding the inclusion of additional schools in the DEIS Programme.

Departmental Legal Costs

Questions (453)

Dominic Hannigan

Question:

453. Deputy Dominic Hannigan asked the Minister for Education and Skills the amount spent by her Department in legal fees in 2012, 2013, and 2014 in appealing decisions taken by the High Court; and if she will make a statement on the matter. [20159/15]

Written answers

Minister for Education and Skills

My Department has not incurred any legal fees in appealing decisions of the High Court during the years 2012-2014 inclusive.

Legal costs incurred by the State in cases before the courts are generally not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor's Office Vote as sanctioned by the Attorney General.

Dormant Accounts Fund Administration

Questions (454, 455)

Seamus Kirk

Question:

454. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government if he will provide a full breakdown on the disbursement of dormant account funding over the past five years, by county and by project basis; and if he will make a statement on the matter. [19347/15]

Seamus Kirk

Question:

455. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government his plans to release dormant account funding to community groups; the grant schemes available regarding same; and if he will make a statement on the matter. [19348/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 454 and 455 together.

Under the Dormant Accounts legislation, balances on dormant accounts with banks, building societies and An Post and the net encashment value of certain life assurance policies are paid into the Dormant Accounts Fund, which is managed by the National Treasury Management Agency. The primary purpose of the legislation is to re-unite the original account holders with their moneys, including all interest due. In addition, the legislation provides that disbursements from the fund may be made for charitable purposes or for purposes of community benefit.

Since its establishment in April 2003 to the end of 31 March 2015, the transfers to the Dormant Accounts Fund have totalled some €781m, which includes interest earned of approximately €41.86m. Funds reclaimed in that period by account holders amounted to approximately €299m. €301m of disbursements have been approved, with €254m already expended by a large number of community groups and organisations under a range of measures administered by Pobal on behalf of a number of Government Departments and agencies. Further data in relation to the Dormant Accounts Fund are available on my Department’s website at http://www.environ.ie/en/Community/DormantAccounts/.

A full breakdown on the disbursement of Dormant Account Funding measures, over the past five years, by county and by project basis from my Department’s Vote is set out at Table 1.

In accordance with the Dormant Accounts (Amendment) Act 2012, a new Disbursement Scheme was approved by Government in December 2013. The 2012 Act also provides for the preparation of an Action Plan to give effect to the Scheme. The current Plan includes some €26 million of measures across a range of Government Departments and Agencies that will provide diverse supports for disadvantaged communities, including measures under my Department to promote social enterprise and innovation, both urban and rural, and measures to promote youth employment, employability and entrepreneurship.

Pobal will administer a number of measures on behalf of my Department which are scheduled to be open for applications in July 2015. These will be publicly advertised and details will be available on Pobal’s website. Measures will include social enterprise development initiatives, supports for vulnerable groups of young people, young people in disadvantaged areas and for work to promote youth employment, employability and entrepreneurship on behalf of my Department.

Pobal will also administer the training and support services for home carers on behalf of the Department of Social Protection and a range of measures on behalf of the Department of Health. A complete listing of all measure s included in the current Dormant Accounts Fund Action Plan is set out at Table 2. Measures not administered by Pobal are being rolled out by the relevant lead Department.

Table 1

Summary of Dormant Accounts Measures paid through the vote of the Department of the Environment, Community and Local Government 2010 - 2015

2010	2011	2012	2013	2014	County	2015	Total
€106,377	€82,562	€3,030	€7,762	€29,600	Carlow	€0	€229,332
€129,328	€52,650	€4,580	€6,037	€14,473	Cavan	€0	€207,068
€116,633	€14,383	€16,332	€0	€12,000	Clare	€0	€159,348
€766,370	€275,477	€53,061	€26,101	€42,297	Cork	€0	€1,163,305
€0	€12,000	€5,048	€0	€12,000	Donegal	€0	€29,048
€2,451,961	€689,186	€309,786	€115,405	€370,374	Dublin	€0	€3,936,713
€342,496	€68,311	€31,608	€15,088	€12,000	Galway	€0	€469,503
€76,745	€24,600	€126,955	€1,231,446	€139,500	Kerry	€0	€1,599,246
€155,960	€20,054	€22,239	€8,257	€12,000	Kildare	€0	€218,511
€87,632	€79,032	€7,200	€220	€12,000	Kilkenny	€0	€186,083
€496	€0	€0	€0	€12,000	Laois	€0	€12,496
€0	€0	€0	€0	€12,000	Leitrim	€0	€12,000
€484,359	€157,665	€124,882	€13,156	€1,095,630	Limerick City	€137,760	€2,013,453
€20,782	€22,736	€6,350	€77,746	€12,000	Longford	€0	€139,614
€175,947	€28,580	€7,565	€400	€12,000	Louth	€0	€224,492
€0	€0	€85,706	€2,295	€12,000	Mayo	€8,400	€108,400
€46,363	€1,310	€11,372	€0	€12,000	Meath	€0	€71,045
€0	€0	€0	€0	€12,000	Monaghan	€0	€12,000
€0	€17,416	€250	€4,342	€12,000	Offaly	€0	€34,008
€0	€0	€0	€0	€12,000	Roscommon	€0	€12,000
€70,799	€16,026	€5,200	€0	€12,000	Sligo	€0	€104,024
€228,677	€120,697	€13,792	€15,178	€12,000	Tipperary	€0	€390,345
€112,364	€27,164	€104,200	€30,380	€12,000	Waterford	€0	€286,108
€49,539	€54,345	€122,967	€0	€12,400	Westmeath	€0	€239,251
€149,315	€40,524	€100,380	€550	€20,909	Wexford	€0	€311,678
€73,997	€1,880	€9,614	€0	€12,000	Wicklow	€8,400	€105,891
€5,646,139	€1,806,599	€1,172,116	€1,554,363	€1,941,183	Total	€154,560	€12,274,960

Table 2

Dormant Accounts Action Plan 2014

The following table provides a summary of measures and maximum amount of moneys to be disbursed under the Dormant Accounts Action Plan 2014 under the relevant Government Department/Agency

Lead Department/Agency responsible for measures under the 2014 Dormant Accounts Action Plan	Maximum funding	Description
Department of the Environment, Community and Local Government DECLG	€5,000,000	Social Innovation Fund 50 per cent contribution (with the other 50 per cent of costs being met from philanthropic sources)
DECLG	€1,000,000	Social Enterprise development initiatives
DECLG	€500,000	Supports for vulnerable groups of young people, young people in disadvantaged areas and for youth work to promote youth employment, employability and entrepreneurship
DECLG	€400,000	To facilitate the implementation of the new PPN structures across the Local Government Sector during 2014
DECLG	€150,000	Community Partnership Media Campaign
Department of Justice and Equality DJE	€1,700,000	Establishment of a new Garda Youth Diversion Project and the provision of additional supports for existing projects
DJE	€1,000,000	Establishment of Mentoring Programme
DJE	€60,000	Additional Intervention Training for Youth Justice Workers
DJE	€50,000	Emergency Support Services Training towards pathways to employment for disadvantaged young people
DJE	€400,000	Expansion of services to work towards engaging hard to reach young people in the Limerick City and Mid-west area
DJE	€120,000	Measure to address the social, economic and educational disadvantages of victims of trafficking and persons/groups at risk of human trafficking
DJE	€50,000	Helpline Services for victims of crime
DJE	€50,000	Specialist Services to victims attending court
Irish Prison Service	€189,275	Community Based Health and First Aid in Irish Prisons
DJE	€166,666	Supports services to immigrants to access employment
Department of Social Protection DSP	€1,000,000	Training and support services for home carers
Department of Children and Youth Affairs DCYA	€775,000	Big Brother Big Sisters Programme
DCYA	€600,000	Youth Employability Initiative
DCYA	€7,000,000	Evidence based programme targeted at children’s experiences of poverty and poorer social outcomes
DCYA	€100,000	Development of a phone app for young people in care
DCYA	€30,000	Aftercare information packs for young persons
Department of Transport, Tourism and Sport DTTS	€728,474	Community Sports Physical Activity Hubs
DTTS	€1,535,700	National Sports Education and Training Hubs
Department of Education and Skills DES	€500,000	Inclusion of Children with Special Needs in Early Years Settings
Department of Health DH	€1,200,000	Substance misuse/prevention – development of drug and alcohol awareness campaigns
DH	€600,000	Local area co-ordination initiatives
DH	€600,000	Advanced best practice in meeting HIQA Disability Standards
DH	€400,000	Health-related supports to assist young people with disabilities and autism to make the transition from second level education to further education, training and employment
DH	€400,000	Person-centre innovations in the delivery of non-centre based respite services

Control of Dogs

Questions (456)

Seán Kenny

Question:

456. Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government if he is aware that the current breed-specific regulations under the Control of Dogs Act 1998, which comes within the remit of his Department, make it legally impossible for the listed dog breeds to be used in autism assistance and disability support work, including therapeutic roles, either within Ireland or for persons travelling here, who may use these breeds in those roles; the potential implications of this in disability law; and if he will make a statement on the matter. [19349/15]

Written answers

Minister for the Environment, Community and Local Government

There is no prohibition on the use of the breeds listed in the Control of Dogs Regulations 1998 for autism assistance, disability support work, or other therapeutic roles.

The requirements in the 1998 Regulations for dogs of certain breeds to be securely muzzled in a public place and be led by a sufficiently strong chain or leash, by a person over the age of sixteen years who is capable of controlling the dog, do not apply in any place other than a public place, and do not apply to dogs, trained by a bona fide training establishment, being used for the purpose of guidance by persons unable to find their way without guidance.

Other than the specific exemptions listed in the 1998 Regulations, the restrictions apply to all dogs in the restricted breeds while in a public place, including those brought by people travelling to Ireland.

Referendum Campaigns

Questions (457)

Clare Daly

Question:

457. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views that the more limited powers of the Referendum Commission, since the enactment of the Referendum Act 2001, have resulted in that body providing inadequate explanations of facts, and lack of assistance, to the public, to assist it in understanding the arguments for and against a referendum proposal; that this has resulted in serious flaws in the conduct of referendums; and if he will take steps to remedy this situation. [19788/15]

Written answers

Minister for the Environment, Community and Local Government

The principal change to the Referendum Act 1998 provided for in the Referendum Act 2011 was to repeal the provision requiring a Referendum Commission to set out the arguments for and against a referendum proposal. That change was made following the recommendation of the All-Party Committee on the Constitution. Since that change was enacted 11 referendums have been held and a Referendum Commission was established for each of them. The report of each Referendum Commission, in relation to the performance of its functions, is laid before each House of the Oireachtas no later than six months after the completion of its work.

Section 2(3) of the Referendum Act 1998 provides that a Referendum Commission shall be independent in the performance of its functions. The publication of the report of the Referendum Commission that I established in January 2015 for the forthcoming referendums will provide an opportunity for further consideration by the Oireachtas of the issues referred to in the Question.