Written Answers Nos. 278-287
278. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation her plans to put mechanisms in place so that retired workers can access the State's industrial relations machinery when their pensions are affected. [17547/16]
View answerI fully appreciate the concerns of retired and deferred members of pension schemes whose schemes are being restructured, particularly where such restructuring may impact on existing or potential pension benefits.
In this regard, the question of pensioner groups having access to the State’s industrial relations machinery in pursuing pension scheme grievances is an issue to which careful consideration has been given.
In doing so, it was important to bear in mind that the industrial relations system in Ireland is voluntary in nature both as regards access to the Workplace Relations Commission and the Labour Court. Any change to that principle which would put in place a mandated right to be part of the process would alter fundamentally the conduct of industrial relations.
As it stands, where changes to pension schemes are negotiated at company level, whether as a result of a crisis in the scheme or otherwise, the outcome of that engagement cannot, of itself, change the pension scheme. Rather, any proposed changes to the scheme are effected through the trust deeds and rules of the scheme and are at the discretion of the parties so designated in the rules/deeds of the scheme. In my view, it is within this framework, rather than through the State’s industrial relations machinery, that a collective approach would be most effective.
In terms of changes to pension schemes generally, the trustees of a particular pension scheme are required by law to act in the best interests of all the members, be they active, deferred or pensioner members. Until recently, this has been done on an individual basis.
Section 50 of the Pensions Act was revised last year to provide for the recognition by trustees and the Pensions Authority of groups representing the interests of retired and deferred scheme members of a particular pension scheme. The required revised section 50 guidance has been published by the Pensions Authority.
Trustees of a pension scheme are now required to notify the groups representing the interests of retired and deferred scheme members where the trustees of a scheme propose to apply to the Pensions Authority to restructure scheme benefits under section 50 of the Pensions Act. This notification affords the representative group an opportunity to make a submission to the trustees of the scheme in relation to such proposals.
In addition, the Pensions Authority is now required to notify groups representing the interest of scheme members where the Pensions Authority proposes to either issue a unilateral direction under section 50 of the Pensions Act to the trustees of a scheme to restructure scheme benefits or to wind up a pension scheme under section 50B of the Pensions Act. This notification affords the representative group an opportunity to make representations to the Pensions Authority in relation to such proposals.
279. Deputy Thomas Byrne asked the Minister for Children and Youth Affairs if a child care provider is entitled to payment from her Department for a child (details supplied). [17366/16]
View answerThe largest scheme operated by my Department is the Early Childhood Care and Education (ECCE) Programme, which from September 2016, will make free pre-school available for 15 hours per week for 38 weeks per annum to all children from the time they turn three years old until they go to school, entering the scheme at three points in the year: September, January and April. On average, from September 2016, children will benefit from 61 weeks, up from the current provision of 38 weeks.
With regard to payment for non-attendance of children availing of the ECCE Programme, the Programme contains provision for payment to continue in instances where the child is absent for periods of 4 consecutive weeks or less. It is only in instances where a child is absent for a period of more than 4 consecutive weeks that the pre-school provider is obliged to cease claiming payment. If the child subsequently returns to the service, payment will be re-instated.
In a case where a child is absent for a week a service provider should make enquiries into the matter with the Parent or guardian. If a child misses 4 weeks (20 consecutive days), a Leaver Form must be submitted by the service provider on the a Programmes Implementation Platform (PIP). The service provider must complete the PIP Leaver Form up to a maximum of 4 payment weeks after the week the child last attended. The child will be removed from the programme and ECCE funding for the child will not continue after this point. The service will receive ECCE funding for the 4 week period between the child’s last date of attendance and the submission of the PIP Leaver Form.
If there is good reason for absence beyond 4 weeks a service provider must contact their local City and county Childcare Committee (CCC) in writing to seek authorisation not to submit a PIP Leaver Form. The CCC will submit a note on the PIP system for compliance purposes. The service provider should keep any record of authorisation not to submit a PIP Leaver Form on file for compliance purposes.
280. Deputy Lisa Chambers asked the Minister for Children and Youth Affairs the number of occasions in each of the years from 2011 to 2016 to date on which the powers vested in her or any Minister of State in her Department were exercised, without any express act of delegation, by Department officials of certain seniority and responsibility, as per the Carltona doctrine. [17465/16]
View answerThere have not been any occasions where the powers vested in me were exercised by Department officials without any express act of delegation. As the Deputy may be aware, under the Ministers and Secretaries Act 1924 a number of officials in my Department are authorised to act on my behalf. Under the Public Service Management Act 1997 the Secretary General manages the day to day business of my Department. This Act empowers the Secretary General to assign to other officers responsibility for the performance of his or her functions. Assignments under the Act, with respect to my own Department, can be found at www.whodoeswhat.gov.ie and on www.dcya.gov.ie.
281. Deputy Robert Troy asked the Minister for Children and Youth Affairs ,further to previous concessions made in September 2015 for community enterprise child care participants who are gaining valuable work experience within a child care setting and training towards their FETAC level 5 major award in early childhood care and education, the position regarding ratio from September 2016 (details supplied); and if she will make a statement on the matter. [17553/16]
View answerWhen the Early Years Quality Agenda was introduced in 2013, in order to further improve quality in pre-school services, one of the items to be progressed was the introduction of a requirement that all staff working with children in early years services should hold a qualification in early childhood care and education at a minimum of Level 5 on the National Qualifications Framework (NQF) or equivalent and that pre-school leaders in ECCE services would be required to hold a minimum Level 6 qualification, or equivalent. These requirements will be fully introduced in 2016 following the publication of new Childcare Regulations. The level 5 requirement will come into effect as of 30 June 2016 for newly-registering services and for existing services on 31 December 2016. As of 31 December 2016, staff members must hold a level 6 qualification to be permitted to work as ECCE room leaders.
Following the introduction of these changes only those staff who hold the necessary qualification will be in position to meet the ratio requirements in early years settings.
The Community Employment programme is administered by the Department of Social Protection. This programme is a labour market activation measure designed to help people who are long-term unemployed and other disadvantaged people to get back to work by offering part-time and temporary placements in jobs based within local communities.
The Community Employment Childcare Programme is a three year programme which also includes upskilling participants to qualify for a Level 5 qualification on the National Qualifications Framework in Early Childhood Care and Education. After placement, participants are encouraged to seek part-time and full-time jobs elsewhere based on the experience and new skills they have gained while in a Community Employment programme.
CE workers potentially form part of the adult:child ratios in some community childcare facilities. The new qualification requirement will mean that such workers will no longer be permitted to count towards the required adult:child ratio unless they hold the required minimum qualification.
At the request of this Department, the City and County Childcare Committees have established a project to examine the impact of these changes on the sustainability of community childcare services that are currently dependent on CE workers to meet the ratio requirements.
This Department has advised childcare providers who consider that the sustainability of their service is at risk as a result of this measure to contact their local City or County Childcare Committee immediately to discuss this matter.
There is a possibility that Community Childcare Services may not wish to participate in the CE programme if they do not benefit from it. DCYA have highlighted to DSP that they may wish to consider other incentives for engaging with the programme.
To support staff to meet the new qualification requirements, my Department established the Learner Fund which has already allocated €3.5 million to over 3,000 staff for the purpose of up-skilling.
Funding of €1.5 million was allocated for Learner Fund 4 in Budget 2016. This will be allocated to 1,000 early years practitioners to undertake and complete the Level 6 qualification, which is a requirement for pre-school leaders.
282. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the reason for the delay in promotions arising from the captain to commandant competition; if it is caused by an attempt to generate payroll savings; and if he will make a statement on the matter. [17357/16]
View answerThe Defence (Delegation of Ministerial Functions) Order 2016, made on 14 June 2016 under S. 2(1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977, was approved by Government at its meeting on 14 June 2016. The promotional instruments for the relevant personnel were signed on 16 June 2016 and Department officials are now processing same. Within the available resources in the Defence Vote, there is no requirement to generate payroll savings so there is no basis to suggest there was an attempt to do so.
As already announced, targeted recruitment will continue in 2016 so as to maintain the level of 9,500 personnel. It is my intention that promotions, along with targeted recruitment, will continue to be carried out within the resource envelope allocated to Defence.
283. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the number of officers in the Defence Forces responsible for or holding more than one appointed position; and if he will make a statement on the matter. [17358/16]
View answerIt has not been possible to compile the information requested by the Deputy in the time available. I will provide the information directly to the Deputy as soon as it becomes available.
284. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the number of persons in receipt of a Defence Forces pension. [17359/16]
View answerThe number of persons in receipt of a pension from the Army Pensions Vote (35) was 12,147 at end-May 2016. This includes retirement pensions and disability pensions as well as spouses’ and children’s pensions.
285. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the cumulative number of attested members of the Reserve Defence Force or equivalent since 1975. [17360/16]
View answerThe Military Authorities have informed me that according to the Defence Forces Personnel Management System (PMS) the cumulative number of attested members of the Reserve Defence Forces or equivalent since 1975 is 59,226.
286. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence if the Air Corps provides the air ambulance service on a 24-7 basis; and, if not, if there are any plans to do so. [17361/16]
View answerI take it that the Deputy is referring to the emergency inter-hospital air ambulance service. The Air Corps currently plays a significant role in support of the HSE through the provision of this service and it is underpinned by a service level agreement between the Department of Defence and the Department of Health which formalised arrangements for the provision of the inter-hospital air ambulance service by the Air Corps.
The Service Level Agreement sets out the range of services to be provided by the Air Corps, specifically emergency inter-hospital transfers for spinal and serious injuries and illnesses, air transport of neonates requiring immediate medical intervention within Ireland, air transport of patients requiring organ transplants in the UK, air transport of Organ Retrieval Teams within Ireland and air transport of patients from offshore islands to mainland hospitals where the Irish Coast Guard service is not available.
Air Corps aircraft are equipped to carry out the inter-hospital air ambulance function between approved landing sites and have the capability of operating 24/7.
287. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the number of occasions in each of the years from 2011 to 2016 to date in which the powers vested in him or any other Minister in his Department were exercised, without any express act of delegation, by Department officials of certain seniority and responsibility, as per the Carltona doctrine. [17467/16]
View answerThe Minsters and Secretaries Acts 1924 to 2013 provide that each Minister is the responsible head of the Department or Departments under his/her charge and “ ... shall be individually responsible to Dáil Éireann alone for the administration of the Department or Departments of which he is the head”.
The Minister of the Government having charge of a Department is responsible for the performance of functions that are assigned to the Department pursuant to any of those Acts. This responsibility, a central element of the structure of Government, ranges from significant political decision making on major policy issues to routine administrative responsibilities discharged by civil servants on the Minister’s behalf.
It is long recognised that given the scale and complexity of a Department’s functions, a Minister cannot personally carry out the full range of functions assigned to his/her Department. The Carltona principle formally established, as a point of law, that duties and powers vested in a Minister may be performed or exercised by senior officials in his or her department. The principle provides that the powers vested in a Minister may be exercised, without any express act of delegation to departmental officials. While officials may exercise powers in accordance with the Carltona principle, the Minister at all times retains ultimate responsibility and accountability.
In the context of the foregoing the Deputy will appreciate that given the volume of tasks undertaken by civil servants on behalf of the Minister, it is not possible to say the number of occasions in each of the years from 2011 to 2016 to date in which the powers vested in the Minister for Defence were exercised in line with the Carltona principle.
