Written Answers Nos. 217-238
217. Deputy Michael McGrath asked the Minister for Education and Skills the status of a Labour Court recommendation (details supplied) including the steps he is taking to ensure it is fully implemented. [15998/16]
View answerIssues relating to pay in the Institute were subject to an internal job evaluation exercise which was carried out by Price Waterhouse Coopers and which was intended to establish the correct rate of pay for grades in the Tyndall National Institute. At the outset the parties agreed that the conclusions of the job evaluation exercise could be appealed on an individual basis to an independent Appeals Officer and these appeals are currently being considered.
218. Deputy Thomas P. Broughan asked the Minister for Education and Skills if he supports the separation of children on religious lines in different primary schools; or if he supports the integration of children of all religious beliefs in the same local national school, regardless of the patronage of the school; and if he will make a statement on the matter. [16019/16]
View answerThe Forum on Patronage and Pluralism in the primary school sector, which issued its report in 2012, recommended steps that could be taken to ensure that the education system can provide a sufficiently diverse number and range of primary schools to cater for children of all religions and none. A follow-up paper to the Forum Report entitled "Forum on Patronage and Pluralism in the Primary Sector: Progress to Date and Future Directions" was published in July 2014. This paper outlined the progress made to date on implementing the Forum's recommendations with a particular focus on the issue of inclusion and diversity in schools. It is my view that the desire of parents for diversity in education choice can be provided effectively by focussing on the delivery of the ambition to treble the number of multi-denominational and non-denominational schools as set out in the Programme for Government. This commitment is to deliver a total of 400 non-denominational and multi-denominational schools by 2030. The Education (Admission to Schools) Bill which was published in April 2015 did not progress through the Houses of the Oireachtas and was not reinstated for the current Dáil session. However, I have commenced a process of consultation with opposition parties to discuss my proposals to introduce a new Admissions Bill to make the process of enrolling children in school easier for parents. Following these consultations, it is my intention to publish a new Admissions Bill during the current Dáil session. It is important to note that the new Bill will oblige all schools to admit pupils where there are available places.
219. Deputy Jack Chambers asked the Minister for Education and Skills if a person (details supplied) can qualify for the old pay scale having previously worked as a teacher here prior to the introduction of the 2011 new entrants pay scales and then worked abroad before returning back to work here, but who is now on the new pay scale system; and if he will make a statement on the matter. [16025/16]
View answerAccording to my Department's records the teacher referred to by the Deputy is not currently being paid by my Department's payroll. If employed and paid by an Education and Training Board (ETB) the teacher concerned should submit evidence of her previous Oireachtas funded teaching service to the relevant ETB for consideration in relation to the appropriate salary scale. In general a teacher first appointed to an Oireachtas funded teaching post before 1 January 2011 whose date of first qualified Oireachtas funded teaching service is before 5 December 2011 will be paid on the pre-2011 qualified pay scale and the qualification allowances applicable to that scale.
220. Deputy Catherine Murphy asked the Minister for Education and Skills if he will reconsider cutting the tenth mainstream class teacher from a school (details supplied) due to a shortfall of one class pupil; if he will reconsider his decision to cut the tenth mainstream teacher and take into account increases in pupil enrolments throughout the academic year and the planned additional intake of children already anticipated and reported to his Department; and if he will make a statement on the matter. [16031/16]
View answer221. Deputy Catherine Murphy asked the Minister for Education and Skills further to Parliamentary Question No. 499 of 22 March 2016, if he will reconsider cutting the tenth mainstream class teacher from a school (details supplied) following on from the announcement of improved provision of primary teacher numbers; how this improvement will impact on north Kildare class sizes overall; and if he will make a statement on the matter. [16032/16]
View answerI propose to take Questions Nos. 220 and 221 together.
The criteria used for the allocation of teaching posts for the 2016/2017 school year is set out in Circular 0007/2016. 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 2015. The Deputy will be aware that Budget 2016 has made provision for some 2,260 additional teaching posts for our primary and post-primary schools for the 2016/17 school year. At primary level, these posts will be used to provide an improvement to the staffing schedule, along with providing an improvement to the scheme of release time for principal teachers at primary level and additional resource posts to meet special education needs. There will be a one point improvement to the primary staffing schedule for the 2016/17 school year. This will see the schedule operate on the basis of a general average of 1 classroom teacher for every 27 pupils, rather than the current 28. Based on the 2016/17 staffing schedule, the school referred to by the Deputy will have a mainstream teaching post suppressed for the 2016/17 school year due to falling enrolments. The staffing process includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Primary Staffing Appeals Board. My Department has not received a staffing appeal from the school referred to by the Deputy. The configuration of classes and the deployment of classroom teachers are done at local school level. My Department's guidance to schools is that the number of pupils in any class is kept as low as possible taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment etc.). School authorities are also requested, where possible, to use their autonomy under the staffing schedule to implement smaller class sizes for junior classes.
222. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills why there is no Gaelscoil for Ballyfermot, Dublin 10; and if the catchment area for Lucan, Clondalkin or Inchicore will be expanded to include Ballyfermot. [16033/16]
View answerSince 2011 new schools are generally only established in areas of demographic growth. For planning purposes, my Department uses school planning areas, of which there are 314 nationwide, including some 40 in Dublin. Ballyfermot, Dublin 10, has its own school planning area, as does Lucan and Clondalkin. Inchicore is included in the Dublin 8 school planning area.
My Department uses a Geographical Information System to identify the school planning areas under increased demographic pressure nationwide. The system uses data from the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and information from my own Department's databases. With this information, nationwide demographic exercises are carried out to determine where additional school accommodation is needed at primary and post-primary levels.
When it is decided that a new school is required to meet demographic needs in an area, the Department runs a separate patronage process to decide who will operate the new school. It is open to all patrons and prospective patrons, including Irish-medium education providers, to apply for patronage of the school under this process and the level of parental preference for each patron is key to decisions in relation to the outcome of the process.
The outcome of the latest demographic exercises was that in November 2015, the establishment of 13 new schools to open nationwide in 2017 and 2018 to meet demographic needs was announced. All school planning areas, including the Ballyfermot area are being kept under ongoing review by my Department to take account of updated child benefit data and enrolment data and also the impact of existing and planned capacity increases to schools in this, and adjacent, areas.
223. Deputy Clare Daly asked the Minister for Education and Skills the number of students in direct provision centres who are sitting the junior certificate and the leaving certificate examinations in 2016. [16043/16]
View answerNeither the Department of Education and Skills nor the State Examinations Commission retain data on the home addresses of students.
224. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will publish Ireland’s correspondence with the European Union Commission on the negotiations of the appropriate measures to be agreed to bring Bus Éireann’s school transport service into line with treaty obligations of 14 October 2014. [16047/16]
View answerThe Deputy is aware that Bus Éireann operates the school transport scheme on behalf of the Department and that the scheme has been in existence since 1967, and is based on accounting arrangements put in place in 1975.
An investigation was launched by the Commission in 2007 after receiving a complaint that, among other activities, alleged unlawful State aid was being provided to Bus Éireann in respect of school transport services. The State's response was coordinated by the Department of Transport, Tourism and Sport and my Department supplied any information to that Department as required by the Commission.
The Commission's Decision found that the scheme was existing aid and for this reason was not unlawful at the time the complaint was made. The Commission Decision was not a ruling on the tendering arrangements in place between the Department of Education and Skills and Bus Éireann for the School Transport Scheme. The Department has been engaging in dialogue with the Commission on "appropriate measures to ensure the scheme in its future implementation is compatible with the internal market". This is without prejudice to our position that current arrangements are compliant with State Aid law.
The release of the documents referred to is a matter for the relevant European Commission Directorate.
225. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he has informed the European Commission in the course of the investigation C-31/07 that the system of calculating Bus Éireann’s maintenance charges and of apportioning percentages of school buses and the entire Bus Éireann fleet are not in accordance with the 1975 agreed charges. [16048/16]
View answerI am satisfied with the finding of the independent external auditors that the financial information of Bus Éireann's School Transport Scheme is prepared, in all material respects, in accordance with the Summary of Accounting Arrangements relating to the Transport Scheme for Primary and Post-Primary School Children dated 1 January 1975, and includes maintenance charges.
226. Deputy John McGuinness asked the Minister for Education and Skills if he will approve and expedite the appointment of an extra teacher for a school (details supplied). [16061/16]
View answerThe criteria used for the allocation of teaching posts for the 2016/2017 school year is set out in Circular 0007/2016. 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 2015.
The staffing arrangements at primary level also include an appeals mechanism for schools to submit an appeal under certain criteria to the Primary Staffing Appeals Board.
The school referred to by the Deputy submitted an application for consideration by the Appeals Board at its May meeting. The Appeals Board determined that the appeal did not satisfy all of the published criteria as set out in Circular 0007/2016. The Appeals Board operates independently of the Department and its decision is final.
227. Deputy Paul Kehoe asked the Minister for the Environment, Community and Local Government the status of a transfer application for a foreshore licence (details supplied); and if he will make a statement on the matter. [15559/16]
View answerI refer to the reply to Question No. 83 of 9 June 2016 which sets out the position on this matter.
228. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the measures he is taking to address the pollution of beaches and bays from raw sewage seepage such as that at Doldrum Bay, Howth, and Rush beach, County Dublin; and if he will make a statement on the matter. [15661/16]
View answer243. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the action he will take to halt the pumping of raw sewage onto the beach at Doldrum Bay, Howth, County Dublin. [15564/16]
View answer244. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government the measures he has taken to tackle the sewage-related pollution that resulted in the closure of the beaches in Rush, Skerries, Balbriggan and Loughshinny in north County Dublin; and how he will ensure that such incidents do not happen in the future. [15569/16]
View answer275. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the action he will take to stop the ongoing pumping of raw sewage into the sea at Rush harbour and beach in County Dublin. [16084/16]
View answerI propose to take Questions Nos. 228, 243, 244 and 275 together.
I am aware of concerns regarding discharges in north county Dublin. However, neither I nor my Department has any direct role in monitoring or supervising the delivery of water services or any pollution incidents arising therefrom.
Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels for public water services, including the delivery of water services capital infrastructure, encompassing the management of urban waste water collection and treatment infrastructure. All discharges to the aquatic environment from sewerage systems owned, managed and operated by Irish Water require a waste water discharge licence or certificate of authorisation from the Environmental Protection Agency (EPA) and the authorisation process provides for the EPA to place stringent conditions on the operation of such discharges to ensure that potential effects on the receiving water bodies are strictly limited and controlled.
The EPA is a key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of local authorities, of environmental legislation in Ireland, including compliance in relation to licensed urban waste water discharges. Details of all prosecutions taken by the EPA for pollution incidents and details of its enforcement activities are published on the EPA’s website (http://www.epa.ie/enforcement/).
Referring to the specific issue at Doldrum Bay, I understand that Irish Water has carried out investigative works in order to develop an effective solution to the untreated sewage discharge there. An initial survey was completed in late 2015 and an options report is now under consideration by Irish Water. Any long-term solution to the problem is likely to take some years to put in place between design, planning and construction. The EPA has accordingly asked Irish Water to set out potential measures to be put in place in the interim to address any public health issues arising.
The EPA’s Bathing Water Report for 2015 identifies several bathing waters adjacent to urban areas, particularly those in and around Dublin Bay, as being prone to episodic pollution events and being of less than ‘Good’ water quality status. These pollution events are generally associated with overflows from pumping stations or storm outfalls as a result of sewer network blockages or following heavy rainfall. The EPA report highlights the remedial works planned by Irish Water in relation to Loughshinny and Rush and significant infrastructural investment will be required to reduce the likelihood of recurrence of pollution events in these urban areas.
The imposition of bathing prohibitions by local authorities in the event of discharges or following intense localised rainfall is done with regard to public health on a precautionary principle. All such incidents are reported to the EPA’s wastewater enforcement system and are publicised on the SPLASH website at http://splash.epa.ie/ which is the national bathing water information website for identified bathing waters around Ireland.
229. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if he is willing to annul statutory instrument no. 24 of 2016 and the recent amendment made to it regarding the pay-by-weight scheme for refuse to allow the new relevant joint Oireachtas committee on the environment to examine the whole issue in detail and its implications for the cost of disposal of refuse in rural communities where there is only one service provider; and if he will make a statement on the matter. [15319/16]
View answerUnder the Waste Management (Collection Permit) Regulations 2007, as amended, there has been a requirement since 1 July 2015 for collectors to weigh household waste collected at kerbside, using approved weighing instruments and to make this information available to the householder. From 1 July 2016, there will be a requirement to charge on a pay-by-weight per kilogramme basis for collecting household waste.
It is not proposed to move the 1 July 2016 deadline with regard to the application of pay-by-weight in respect of the collection of household waste at kerbside, especially in light of the 12-month lead-in period referred to above. In an open market, it has been, and will continue to be, a matter for the collector to set charges at the level they consider to be competitive, in compliance with the requirements of the legislation. Excessive pricing by individual companies will offer the opportunity for rival operators to provide their services at a cheaper price.
230. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if he should ensure the provision of a universal domestic waste service to all householders at a fair price; if he will provide such a service under the public service obligation to these areas where there is a market failure and if he will subsidise the service if necessary; and if he will make a statement on the matter. [15320/16]
View answerSection 33 of the Waste Management Act 1996 requires a local authority to collect, or arrange for the collection of waste within its functional area. However, it also provides that this requirement does not apply where any of the following conditions are met:
(a) an adequate waste collection service is available,
(b) the estimated costs of the collection of the waste concerned by the local authority would in the opinion of the authority be unreasonably high, or
(c) the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.
In terms of intervening in operational matters concerning the collection of waste, under section 60(3) of the Act, as Minister, I am precluded from exercising any power or control in relation to the performance by the Environmental Protection Agency or a local authority, in particular circumstances, of a statutory function vested in it.
With the exception of one or two municipal districts, local authorities no longer collect waste and the market is now serviced by a diverse range of private operators, where the fees charged are a matter between service provider and customer. In an open market, it has been, and will continue to be, a matter for the collector to set charges at the level they consider to be competitive, in compliance with the requirements of environmental and other applicable legislation. Excessive pricing by individual companies will offer the opportunity for rival operators to provide their services at a cheaper price.
231. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if Uisce Éireann has provided him with details of the administrative costs of the billing and collection of water charges so that he can evaluate the net revenue collected through the billing system; if the cost and amount involved is available; and if he will make a statement on the matter. [15321/16]
View answerIrish Water's revenue shortfall, including its administrative costs arising from the proposed suspension of domestic water charges in 2016 is currently under consideration. When account is taken of the savings from the suspension of the water conservation grant for which €110m was allocated in 2016, the cost of suspending domestic water charges is unlikely to exceed €20m in cashflow terms in 2016.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
232. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if the competent agencies and authorities responsible for water quality monitoring are routinely testing water samples for the presence of asbestos containing materials in public water supplies; his progress in identifying and replacing sections of the water supply network which have been found to contain asbestos cement piping; if he regards the presence of such materials as posing a particular danger to public health; and if he will make a statement on the matter. [15327/16]
View answerI have no direct role in the monitoring or supervision of water services. The European Union (Drinking Water) Regulations 2014 provide that it is a matter for water suppliers to provide clean and wholesome drinking water, in compliance with the standards set out in the Regulations.
With effect from 1 January 2014, Irish Water is responsible for the operation of water services infrastructure and for the provision of public drinking water. Under the Regulations, the Environmental Protection Agency (EPA) is responsible for the supervision of Irish Water, in respect of public water supplies. Local authorities remain responsible for the supervision of private group water schemes. The procedures to be followed and the roles of water suppliers, the local authorities, the EPA and the Health Service Executive (HSE) where there is non-compliance with the parametric values set out in the Schedules to the Regulations, are clearly laid out in the Regulations.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
233. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the amount of money his Department spent on purchasing copies of the Public Sector Times magazine in 2015; and if he will make a statement on the matter. [15415/16]
View answerThe Public Sector Magazine is a quarterly publication which is distributed free to my Department. Therefore, no expenditure is incurred in this regard.
234. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the amount of money spent on daily newspapers in 2015; if this is an appropriate expenditure given the available and far cheaper online alternatives; and if he will make a statement on the matter. [15431/16]
View answerMy Department avails of an electronic press cuttings service which serves for most of its printed media monitoring needs. In terms of hard-copy printed newspapers, the cost of purchase for my Department, including Met Éireann, in 2015 totalled approximately €9,830.
In general, the Department relies on online versions of the daily newspapers but not all newspapers have an online presence. In addition , it should be noted that there can be differences between online and printed content.
235. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the number of staff working in his human resources section. [15447/16]
View answer237. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the changes in the numbers employed in his human resources section following the introduction of PeoplePoint. [15479/16]
View answerI propose to take Questions Nos. 235 and 237 together.
A number of the transactional HR functions of my Department transitioned to PeoplePoint in April 2016. As the new system will take some time to settle in fully, the number of staff engaged in my Department’s Human Resources function has remained at 9.73 full time equivalents but will be reviewed when this initial phase is completed.
236. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the number of staff who work exclusively on constituency matters for him. [15463/16]
View answerI have, at present, two members of staff dealing exclusively with constituency matters.
Question No. 237 answered with Question No. 235.
238. Deputy Michael Harty asked the Minister for the Environment, Community and Local Government his role in preventing temporary encampments at beach locations during the summer of 2016; and if he will make a statement on the matter. [15503/16]
View answerUnder the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Article 6 and Schedule 2 of the Planning and Development Regulations 200, as amended, set out certain classes of development which are exempt from planning permission requirements. Class 37 of Part 1 of Schedule 2 and Class 1 and 2 of Part 3 of Schedule 2 of the Regulations provide exemptions from planning permission for the temporary use of land for placing of tents, campervans or caravans or for use by scouting organisations for a camp for limited periods. These exemptions are subject to compliance with specific conditions and limitations and also any general restrictions on exemptions .
Enforcement of planning control is matter for individual planning authorities who have substantial enforcement powers under the Planning and Development Act 2000, as amended.
Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case, including enforcement matters, with which a planning authority is or may be concerned.
In addition, under the Local Government Act 2001, local authorities also have general powers to make bye -laws regarding its own property or services or to regulate matters of local concern. In this regard, I understand some local authorities have made bye - laws which prohibit or limit certain activities, such as camping, on beaches.
