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Tuesday, 31 May 2016

Written Answers Nos. 266-289

Living City Initiative

Questions (266)

John Deasy

Question:

266. Deputy John Deasy asked the Minister for Finance to detail the level of take-up to date in each designated area under the Living City initiative; and if he has received any assessment from his officials of why the scheme has not been more successful in view of the ex-ante cost-benefit analysis carried out prior to its launch. [13563/16]

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Written answers

Application for the Living City Initiative (LCI) are only required to be made to the relevant local authority under the residential element of the scheme. Applications to local authorities are not required to be made under the commercial element of the scheme and thus it is likely to be early next year before information on this aspect of the scheme will become available.  Based on information received from the City and County Councils to date, the number of applications received under the residential element per eligible city is as follows:

City

Applications Received

Dublin

18

Cork

4

Limerick

0

Waterford

7

Kilkenny

2

Galway

2

The Initiative has only been in operation for just over a year, and take-up of the scheme is lower than anticipated considering up to 100% of relevant expenditure may be tax relieved. My officials are currently reviewing the LCI and considering potential changes to the scheme.

Any proposed amendments will be considered in the context of the Budget and Finance Bill.

NAMA Operations

Questions (267, 268, 270)

Marc MacSharry

Question:

267. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, if all the debtor lists of Bank of Ireland, Allied Irish Banks, Anglo Irish Bank and the Irish Nationwide Building Society that were transferred to the agency, reported to total 800 cases, and associated loan and valuation information were leaked; and if he will make a statement on the matter. [13582/16]

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Marc MacSharry

Question:

268. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, if the agency notified the Data Protection Commissioner within two weeks of becoming aware of these leaks, in accordance with the personal data security breach code of practice, as approved by the commissioner under section 2(b) of the Data Protection Acts 1988 and 2003; and if he will make a statement on the matter. [13583/16]

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Marc MacSharry

Question:

270. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Parliamentary Question No. 70, which stated that the agency notified An Garda Síochána of the identity of the debtors in the leaked information, reported to be 800 cases, and given that a person has been convicted and that available information suggests An Garda Síochána contacted only a fraction of debtors during the three year investigation, why the agency will not give the number of affected debtors; if all affected debtors have been notified; if not, why and when they will be notified; and if he will make a statement on the matter. [13585/16]

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Written answers

I propose to take Questions Nos. 267 to 270, inclusive, together.

As I advised the Deputy in my reply to Parliamentary Questions Nos. 61, 62, 63, 69 and 70 of 18 May 2016, information on the number of debtors potentially affected by the unauthorised disclosures is held by the Garda Bureau of Fraud Investigation which carried out the investigation which led to the prosecution of a former NAMA officer.

Contrary to the assertion made in the Deputy's question, the previous response, of 18 May 2016, did not state that the "Agency notified An Garda Siochana of the identity of the debtors in the leaked information".  As previously advised, the investigation into this matter which led to criminal proceedings was undertaken by the Garda Bureau of Fraud Investigation. I am advised that the information collated during that investigation and the results of the searches are solely within the remit of the Garda Bureau of Fraud Investigation and NAMA is not privy to the information.

I am advised that on becoming aware of the potential leak of confidential data, NAMA issued High Court proceedings on 3 September 2012 in respect of the matter. Once the in camera restrictions in relation to these High Court proceedings were lifted on 12 September 2012, NAMA immediately reported the matter to An Garda Siochana and the Data Protection Commissioner on 12 September 2012 and that NAMA subsequently provided all information required by the Garda as part of their investigation.

NAMA Operations

Questions (269)

Marc MacSharry

Question:

269. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Question No. 60, which stated that NAMA became aware in September 2012 and Question No. 61, which gave Autumn 2012 as the notification date while the Sunday Times article (details supplied), which appears to have triggered the investigation, was published on 2 August 2012, when the agency commenced its investigation of e-mails and devices, and, if not immediately, the reason why; if it was not immediately evident by mid August 2012 at the latest from e-mails that confidential information had been leaked; and if he will make a statement on the matter. [13584/16]

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Written answers

The two matters referred to in this question are separate and distinct.

To help clarify the Deputy's understanding of these events, I refer the Deputy to information I put on the record during a Topical Issues Debate on this issue on September 25, 2012, some of which I repeat below for the benefit of the Deputy.

I am advised that on 2 August 2012, NAMA became aware that a NAMA official had purchased a five bedroom house in Dublin from the agency's portfolio. On 3 August 2012 NAMA instructed its internal auditor, Deloitte, to carry out a comprehensive investigation into the transaction. The newspaper article mentioned in the question concerning the purchase of the property by a NAMA official was published on 5 August 2012.

The Deloitte investigation was an investigation into the purchase of the property. I am advised however, that during the course of the Deloitte investigation, suspicious email traffic was discovered which warranted further investigation.

I am further advised that NAMA issued ex parte proceedings in respect of these suspicions on 3 September 2012. Once the in camera restrictions in respect of the proceedings were lifted on 12 September 2012, the matter was notified to An Garda Siochana and the Data Protection Commissioner.

As the deputy is aware the issue was then investigated by the Garda Bureau of Fraud Investigation resulting in charges being proffered.

Question No. 270 answered with Question No. 267.

NAMA Operations

Questions (271)

Marc MacSharry

Question:

271. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Parliamentary Question No. 70, which stated that the Garda Síochána bureau of fraud investigation provided instructions to the agency regarding the leaked information, to outline those instructions; and if he will make a statement on the matter. [13586/16]

View answer

Written answers

I am advised that NAMA has acted at all times in accordance with the instructions of the Garda Bureau of Fraud Investigation.

I am further advised by NAMA that The Garda Bureau of Fraud Investigation instructed NAMA not to make any public comment about any matter which was the subject of a criminal investigation.

As I advised in my response today (31 May 2016) to Parliamentary Questions 267, 268 and 270, the information collated, and results of searches conducted, during the investigation which led to the prosecution of a former NAMA officer are solely within the remit of the Garda Bureau of Fraud Investigation and NAMA is not privy to the information.

NAMA Operations

Questions (272)

Marc MacSharry

Question:

272. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Parliamentary Question Nos. 64 and 65, which made reference to a Deloitte investigation and report, to provide a copy of the report; and if he will make a statement on the matter. [13587/16]

View answer

Written answers

The Deputy will appreciate that it would be entirely inappropriate to publish any major review of IT security, data access and data transmission within NAMA. The Deputy will no doubt recognise that publication of such details would be particularly helpful to those who might wish to circumvent the IT security arrangements in place.

NAMA Legal Cases

Questions (273)

Marc MacSharry

Question:

273. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, specifically, if there was an investigation into and if the Arthur Cox law firm provided a report on the information leaked from the agency, to provide a copy of the report; and if he will make a statement on the matter. [13588/16]

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Written answers

I am advised that Arthur Cox provided legal advice to the NTMA and NAMA in respect of separate civil proceedings taken in respect of this matter. The advice is subject to legal privilege.

NAMA Operations

Questions (274)

Marc MacSharry

Question:

274. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, which of the organisations that received the leaked information and were included in the approved list to receive e-mails from the agency investigated the matter; if the agency received a copy of any such report; to provide copies of these reports; and if he will make a statement on the matter. [13589/16]

View answer

Written answers

I am advised that NAMA does not have access to any information on investigations that may have been carried out by other parties.

NAMA Operations

Questions (275, 276)

Marc MacSharry

Question:

275. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Parliamentary Question No. 60, to name the organisation which was providing services to the agency and that employed a person (details supplied); the role of this person in that organisation; and if he will make a statement on the matter. [13590/16]

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Marc MacSharry

Question:

276. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, if any other person in the organisation in which a person (details supplied) worked, received confidential information from the agency or from a former employee (details supplied) of the agency; and if he will make a statement on the matter. [13591/16]

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Written answers

I propose to take Questions Nos. 275 and 276 together.

I am advised that the information collated during the investigation into this matter is solely within the remit of the Garda Bureau of Fraud Investigation and I further understand that the details requested by the Deputy were not made public during the course of the related court proceedings.

I am further advised by NAMA that, whilst the media may have referenced a specific organisation in this regard, it would not be appropriate to comment on such reports.

NAMA Operations

Questions (277)

Marc MacSharry

Question:

277. Deputy Marc MacSharry asked the Minister for Finance further to Parliamentary Questions Nos. 60 to 74 of 18 May 2016 and the consequences of leaks from the National Asset Management Agency, in particular, Question No. 68, which referenced another instance of leaked confidential information from the agency, to set down the year this other leak occurred and when he became aware of it; and if he will make a statement on the matter. [13592/16]

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Written answers

I am advised by NAMA that, as indicated to the Deputy in reply to Parliamentary Question No. 68 of 18 May 2016, NAMA referred one additional complaint to the Gardaí in 2013 which relates to a complaint made to NAMA of a possible alleged unauthorised disclosure of a single document by a former officer of NAMA. I am further advised by NAMA that this is currently being investigated by the Garda Bureau of Fraud Investigation and I cannot comment further on the matter.

Central Bank of Ireland Supervision

Questions (278, 279, 281, 282)

Mattie McGrath

Question:

278. Deputy Mattie McGrath asked the Minister for Finance if he is aware whether any financial institution regulated by the Central Bank has been or continues to be involved in speculative oil trades to attempt to keep the price of oil artificially high; if he has sought assurances from the Governor of the Central Bank in this regard; if he has discussed this with his Government colleagues; and if he will make a statement on the matter. [13626/16]

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Mattie McGrath

Question:

279. Deputy Mattie McGrath asked the Minister for Finance to outline the role the Central Bank plays in supervising oil trades by any financial institution regulated by it; the action being taken to protect consumers from the market manipulation that is taking place in the oil market; if legislation is required; and if he will make a statement on the matter. [13627/16]

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Mattie McGrath

Question:

281. Deputy Mattie McGrath asked the Minister for Finance if he is aware of the global media reports which have highlighted that global financial institutions (details supplied) have publicly admitted to setting aside billions of dollars in reserves to cover losses arising from the collapse in oil prices and the impact that it is having on the associated loans advanced for energy exploration; his views on headlines warning that big banks brace for oil loans to implode; if he is concerned about this potential contagion spreading to the European banking system; if he has discussed these issues with his European colleagues; and if he will make a statement on the matter. [13629/16]

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Mattie McGrath

Question:

282. Deputy Mattie McGrath asked the Minister for Finance if he will request a report from the Central Bank regarding the impact from a global meltdown on loans associated with the oil and energy sector; if he or his Department have engaged in discussions with the European Central Bank, the European Banking Authority, the European Securities and Markets Authority or the European Systemic Risk Board on this topic; his views on the exposure of European banks to such lending; if he is satisfied that the regulatory oversight is sufficiently strong to detect a repeat of the practices that were linked to the subprime mortgage crisis; his plans to introduce regulations or legislation in this area; if he will undertake to update the House on this issue; and if he will make a statement on the matter. [13630/16]

View answer

Written answers

I propose to take Questions Nos. 278, 279, 281 and 282 together.

The system for monitoring and supervising significant financial institutions has changed fundamentally in the last number of years and continues to evolve. The Single Supervisory Mechanism (SSM), the new system of financial supervision comprising of the European Central Bank (ECB) and the national competent authorities of participating EU countries, including the Central Bank of Ireland, represents a sea change in advancing financial integration and stability in Europe.

Under this new system of supervision, the SSM identifies and addresses risks at an early stage and is able to take suitable countermeasures. The SSM requires banks to give due consideration to a broad range of relevant factors when designing their business models including capital, liquidity, leverage, interconnectedness and systemic significance and structure. It has led to considerably more and higher-quality capital for banks; new standards for liquidity reserves and indebtedness in banks; and considerably stricter risk management and governance requirements.

In agreeing the structure of the SSM, EU member states, including Ireland, were satisfied that the exposure of European banks to lending in any sector of the economy is monitored and addressed under this new joint supervisory framework.

Also, the Eurogroup regularly considers Europe-wide economic and financial matters and discussions have included issues such as emerging risks in the international arena, including fluctuations in the price of oil. There are also opportunities for similar discussions when I meet with my European ministerial colleagues in the Economic and Financial Affairs Council (Ecofin).

Fluctuations in the price of oil is one of the risks monitored by my Department. As such, we are cognisant of any impacts of such fluctuations on the economy. In addition, my officials regularly meet with their counterparts in the Central Bank to discuss operational matters, including risks faced by the financial sector.  Indeed, the International Monetary Fund (IMF) is currently undertaking a Financial Sector Assessment Programme (FSAP) that focuses on the risks and vulnerabilities to the sector, which included extensive discussions between my officials, Central Bank officials and the IMF. The outcome of the FSAP is expected to be published in the coming months.

Competition and Consumer Protection Commission

Questions (280)

Mattie McGrath

Question:

280. Deputy Mattie McGrath asked the Minister for Finance to outline the role of the Competition and Consumer Protection Commission in helping to protect consumers from the impact of market manipulation in the global price of oil; if he has discussed this issue with his Government colleagues; his views on the impact of these actions on businesses and consumers; if he will seek to raise the matter with his European colleagues; and if he will make a statement on the matter. [13628/16]

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Written answers

The Competition and Consumer Protection Commission was established through the amalgamation of the Competition Authority and the National Consumer Agency as provided for in the Competition and Consumer Protection Act, 2014. The Competition and Consumer Protection Commission falls under the aegis of the Department of Jobs, Enterprise and Innovation, and therefore my colleague Minister Mary Mitchell O'Connor T.D. is better placed to respond to the issues raised in your Parliamentary Question.

Questions Nos. 281 and 282 answered with Question No. 278.

Departmental Expenditure

Questions (283)

David Cullinane

Question:

283. Deputy David Cullinane asked the Minister for Finance to set down the estimated full-year savings for 2017 by reducing spending on professional fees by 10% in his Department; and if he will make a statement on the matter. [14110/16]

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Written answers

In response to the Deputy's question, the total cost of professional fees incurred by my Department in 2015 (and published on the Department of Finance website) amounted to some €3m. A 10 per cent reduction in spending on consultancy related activities would, therefore, give rise to an annual saving of some €300k.

Departmental Budgets

Questions (284)

David Cullinane

Question:

284. Deputy David Cullinane asked the Minister for Finance to set out the estimated full-year saving for 2017 by reducing spending on travel by 10% in his Department; and if he will make a statement on the matter. [14127/16]

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Written answers

In response to the Deputy's question, the total annual cost of travel and expenses incurred by my Department in 2015 amounted to €556,000. A 10 per cent reduction in spending on travel would give rise to an annual saving of €56,000.

It is worth noting that travel and subsistence costs are calculated on pre-set subsistence rates or on the actual costs incurred by the claimant or a combination of the two where appropriate. As such, any savings could only be achieved if a cross-Departmental reduction in subsistence rates was agreed or if the travel was not essential to the delivery of the strategic goals of the Department.

Teacher Training Provision

Questions (285)

Declan Breathnach

Question:

285. Deputy Declan Breathnach asked the Minister for Education and Skills to meet with representatives of the Walk Tall programme urgently to facilitate his being apprised of the situation and to seek a solution before he makes a final decision on its future on 1 June 2016. [12534/16]

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Written answers

My Department has funded the Professional Development Service for Teachers to revise the Walk Tall materials for primary schools. My Department is currently considering a continuing professional development framework to roll out support for the revised programme. Support will be rolled out in conjunction with support for the revised Stay Safe programme. My officials have made contact with the Professional Development Service for Teachers and it has not identified any issues in relation to the future of the programme.

Special Educational Needs Service Provision

Questions (286)

Paul Murphy

Question:

286. Deputy Paul Murphy asked the Minister for Education and Skills to outline his plans to increase the number of public preschools that can adequately cater for children with autism spectrum disorder. [12625/16]

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Written answers

My Department provides for a range of placement options and supports for schools which have enrolled pupils with Autistic Spectrum Disorder (ASD) in order to ensure that, wherever a child is enrolled, they will have access to an appropriate education.

Parents can choose to enrol children with autism in an early intervention class from the age of three and where such a placement is not available home tuition may be approved.

The Deputy will also be aware that the role of the National Council for Special Education, NCSE, is to make appropriate arrangements to establish special classes in schools, including early intervention classes for children with autism, in various geographical areas as required. Progress in developing this network has been significant and in addition to the special school placements there are over 1,000 special classes throughout the country at primary and post primary level, of which 762 are for children with Autism. This includes 116 early intervention classes.

A full list of special classes is available on the NCSEs website www.ncse.ie.

In November 2015, a new model for supporting children with a disability to access the Early Childhood Care and Education (ECCE) programme was launched. The Access and Inclusion Model (AIM) is a cross-Government initiative, led by the Department of Children and Youth Affairs, and involving the Department of Health, the Department of Education and Skills and others.

The model will deliver seven levels of progressive support, moving from the universal to the targeted, to enable the full inclusion and meaningful participation of children with disabilities in the ECCE programme.

My Department has recently received the NCSE's policy advice on supporting students with ASD. My officials will consider and report to me on any recommendations which relate to the issues raised by the Deputy.

Special Educational Needs Service Provision

Questions (287)

Margaret Murphy O'Mahony

Question:

287. Deputy Margaret Murphy O'Mahony asked the Minister for Education and Skills to reverse the 15% cut to the special needs allocation in schools which was implemented across the board a number of years ago; and if he will make a statement on the matter. [12731/16]

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Written answers

I wish to advise the Deputy that spending on provision for children with Special Educational Needs has been prioritised in recent years, despite the enormous pressures on all public spending.

Funding for special education provision in 2016 will amount to some €1.4 billion, which is equivalent to approximately 17% of the gross overall current allocation for education and training. It has increased by 10% in the past two years.

This funding provides for a range of supports and services, including additional learning and resource teaching support.

There are currently over 11,800 Learning Support and Resource Teacher posts in mainstream primary and post primary schools, providing additional teaching support to pupils with special educational needs.

The National Council for Special Education (NCSE) has allocated 6,832 Resource Teaching posts to mainstream schools this year, which is an increase of 29% over the numbers allocated since 2011, which was 5265 posts.

A total of 7452 resource teaching posts is available to the NCSE to allocate to schools for the coming 2016/17 school year, which is an increase of over 600 posts on the current years allocation, and an increase of 41% over the numbers allocated since 2011, which was 5265 posts.

The Deputy will be aware that the NCSE has a statutory role under the Education of Persons with Special Educational Needs Act to provide me with policy advice in relation to matters concerning the education of persons with special educational needs.

The NCSE has proposed a new resource teaching allocation model for schools and a pilot of the model is taking place across a number of schools in advance of implementation in the school system generally.

The pilot has been developed in order to test the model and to allow for the practical effect of the application of the new model in the 47 pilot schools to be evaluated.

A review of the pilot has now commenced. This will also allow us to take into account the learning experiences of schools, principals, pupils and the views of parents over the course of the pilot.

On conclusion of the review a decision will be taken on the timeframe for the full implementation of the proposed new allocation model.

As committed to in the Programme for a Partnership Government, I also plan to examine the adequacy of the present policies and provision, and their scope for improvement, particularly in relation to speech and language difficulties and early intervention.

Bullying in Schools

Questions (288)

Jonathan O'Brien

Question:

288. Deputy Jonathan O'Brien asked the Minister for Education and Skills to outline his plans to address the policy gap whereby sexual harassment in schools among students falls between his Department's action plan on bullying and Children First obligations; and if Children First is a secondary set of prevention actions that does not prevent sexual violence from happening. [12928/16]

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Written answers

My Department published anti-bullying procedures for all primary and post primary schools at the beginning of the 2013/14 school year. The anti-bullying procedures are designed to give direction and guidance to school authorities and school personnel in preventing and tackling school-based bullying behaviour amongst its pupils.

The anti-bullying procedures make clear that schools also have obligations under equality legislation in relation to the prevention of sexual harassment. In that regard, the procedures outline that schools are required under equality legislation to take such steps as are reasonably practicable to prevent harassment and sexual harassment. Equality legislation prohibits harassment on any of the nine grounds: gender including transgender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. Under equality legislation, sexual harassment is also prohibited. The anti-bullying procedures make clear that these prohibitions apply to all aspects of school life, for example classrooms, sport fields or school tours and that schools may not permit pupils to harass other pupils.

The template Anti Bullying Policy contained in the Anti Bullying Procedures also requires the school's board of management to confirm that the school will, in accordance with its obligations under equality legislation, take all such steps that are reasonably practicable to prevent the sexual harassment of pupils or staff or the harassment of pupils or staff on any of the nine grounds specified.

Schools and school personnel are also required to comply with my Department's "Child Protection Procedures for Primary and Post-Primary Schools" which are based on the "Children First – National Guidance for the Protection and Welfare of Children 2011". The purpose of the procedures is to give direction and guidance to school authorities in the implementation of Children First when dealing with allegations/suspicions of child abuse and neglect. The child protection procedures recognise that in some cases potentially abusive behaviour occurs between children and schools are required to follow the guidance provided in Children First on the identification of and reporting of such cases. In accordance with Children First, the procedures for schools require that if school personnel have concerns that children may have been abused or neglected, or are being abused or neglected, or are at risk of abuse or neglect, the matter shall, including where the alleged perpetrator is another child, be reported without delay to the Child and Family Agency.

The Children First Act 2015 when commenced, will put key elements of Children First on a statutory basis. The Children First Act, 2015 will require mandatory reporting of child protection concerns by certain key professionals, including registered teachers, and other persons working with children. The Act will also place an obligation on all organisations which provide services to children, including schools, to undertake a risk assessment and to then prepare a Children Safeguarding Statement which outlines the policies and procedures which are in place to mitigate the risks identified.

Apprenticeship Programmes

Questions (289)

David Cullinane

Question:

289. Deputy David Cullinane asked the Minister for Education and Skills to outline his plans to introduce a new apprenticeship scheme; and if he will make a statement on the matter. [13370/16]

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Written answers

A comprehensive review of the Irish apprenticeship system was undertaken by an independent review group that reported in December 2013. Following consideration of their recommendations and consultation with stakeholders on implementation arrangements, an Apprenticeship Implementation Plan was published in June 2014. A key recommendation of this review was the establishment of an Apprenticeship Council. The Council was established in November 2014 and its first task was to issue a call for proposals for new apprenticeships from consortia of industry bodies and education and training providers. Over 80 proposals were received, all of which were evaluated against a set of criteria.

The Council assigned category 1 status to 25 proposals which were deemed to be at an advanced stage of design, planning and collaboration between education and industry and ready to enter a detailed development phase. The Council is working closely with consortia within this group to develop them into sustainable national apprenticeships. It is envisaged that up to nine of these will be in a position to move to enrolment in 2016 and that the remainder will be rolled out in 2017. The Council is also working with the other consortia to ensure that a strong pipeline of new apprenticeships is in place.

In the Programme for Partnership Government we have committed to double the number of apprenticeships by 2020. We will target over 100 different apprenticeship schemes spread across sectors of the economy and in every region of Ireland. The achievement of this ambitious target will require commitment from a number of key stakeholders including the Apprenticeship Council, SOLAS, the ETBs and Industry and is dependent on strong employer demand.

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