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Tuesday, 28 Jun 2016

Written Answers Nos. 100-119

Mortgage Lending

Questions (100)

Dessie Ellis

Question:

100. Deputy Dessie Ellis asked the Minister for Finance if there is a timeframe in which a person's entitlement to the first-time buyers status for the purpose of availing of the 10% deposit rule as opposed to the 20% rule could be reinstated (details supplied). [18530/16]

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Written answers

The Central Bank, which has an independent mandate to preserve and protect financial stability, introduced macro prudential mortgage lending regulations to increase the resilience of the banking and household sectors to the property market and to reduce the risk of bank credit and house price spirals from developing in the future.  These measures apply proportionate lending limits, including certain loan to value restrictions, to such lending.  For primary home mortgage lending, an 80% loan to value limit generally applies, but for first time buyers a 90% loan to value limit applies to the value of a property up to €220,000 and an 80% limit applies to any excess value above that amount.

A first time buyer is defined in the relevant statutory instrument (see the following: http://www.irishstatutebook.ie/eli/2015/si/47/made/en/pdf) as "a borrower to whom no housing loan has ever before been advanced".  Where the borrower under a housing loan is more than one person and one or more of those persons has previously been advanced a housing loan, none of those persons is regarded as a first-time buyer for the purpose of the regulations. I am informed by the Central Bank a borrower(s), if they have been advanced a housing loan previously, cannot revert to a first time buyer status after a period of time.

However, it should be noted that the regulations also provide a certain flexibility to lenders, based on their own commercial considerations and subject also to compliance with consumer protection rules, to provide a certain amount of mortgage lending in excess of these LTV thresholds.

School Transport Eligibility

Questions (101)

Mary Butler

Question:

101. Deputy Mary Butler asked the Minister for Education and Skills why persons (details supplied) find themselves in a situation where the eldest child who is nine years of age qualifies for the school bus and the two younger members of the family who are six and eight years of age are concessionary; and if he will make a statement on the matter. [18167/16]

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Written answers

Changes to the School Transport Schemes, including the 'Closed School Rule (CSR)', were announced in Budget 2011 and derived from recommendations in the Value for Money Review of the Scheme.

From the commencement of the 2011/12 school year the distance eligibility criterion of 3.2 kilometres was applied nationally to all children travelling under the primary school transport scheme, including those travelling under the CSR.

The second element of the change which took effect from the commencement of the 2012/13 school year applied only in the case of children commencing their primary education from that date. This second element restricted eligibility for school transport to those children who meet the distance eligibility criterion and are travelling to their nearest school.

Children who were eligible for school transport and who are availing of school transport services, will retain their eligibility for the duration of their primary education cycle provided there is no change in their current circumstances.

Bus Éireann has advised that the older child, referred to by the Deputy, is eligible for school transport under the CSR. However, her siblings are not attending their nearest school, and are therefore not eligible under the terms of the scheme.

Children who are not eligible for school transport, may apply for transport on a concessionary basis only. Transport on a concessionary basis is subject to a number of terms and conditions including that there are spare seats available on an existing school bus service and on payment of the annual charge.

The family should liaise with their local Bus Éireann office regarding the availability of concessionary transport for the 2016/17 school year.

The terms of this scheme are applied equitably on a national basis.

School Transport

Questions (102)

Robert Troy

Question:

102. Deputy Robert Troy asked the Minister for Education and Skills the revenue Bus Éireann received for contract maintenance as referred to in the European Commission State-Aid Final Decision of 18 October 2014 in each of the years 2005 to 2016 to date, in tabular form. [18521/16]

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Written answers

The reference to contract maintenance as referred to by the Deputy relates to the overall activities undertaken by Bus Éireann as opposed to the specific services provided under the School Transport Scheme.

My Department is satisfied that the financial accounting for Bus Éireann's operation of the School Transport Scheme, including the Bus Éireann Annual Report and the annual independently audited account of the school transport scheme is in full compliance with the 1975 Summary of Accounting Arrangements and with all relevant accounting standards and guidelines.

Copies of the above reports for the years 2006 - 2015 inclusive, are available on my Department's website at www.education.ie.

Third Level Funding

Questions (103)

Joan Burton

Question:

103. Deputy Joan Burton asked the Minister for Education and Skills when he will publish the report (details supplied) into funding of the third level sector; and if he will make a statement on the matter. [18565/16]

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Written answers

The Government recognises the importance of higher education to Ireland's future economic and social development and also the huge impact a higher education experience has on the lives of individuals. In considering the best way forward, the previous Government established an Expert Group to examine future funding requirements for higher education and to present options for developing a sustainable long term funding strategy for the sector.

The Expert Group has completed its work and its report will shortly be published. This report will allow for a real and meaningful discussion on the funding requirements of the sector and how those requirements should be met. As signalled in the Programme for Government, the report will be published and it is the intention to consult the cross-party Oireachtas Committee as part of the process for formulating a plan for the future of this sector. This will ensure that all views can be heard and considered on the most appropriate way forward for the Irish higher education system. I would like to assure the Deputy that we will engage quickly and openly with the Committee on this issue.

School Staff

Questions (104)

Michael Healy-Rae

Question:

104. Deputy Michael Healy-Rae asked the Minister for Education and Skills the status of a school (details supplied) in relation to the possible loss of a teacher; and if he will make a statement on the matter. [17927/16]

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Written answers

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 enrolment returns submitted by the school referred to by the Deputy for 30 September 2015 was 81. An enrolment of 82 was required to retain the fourth teaching post in the school.

The staffing circular includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeals Board. The school referred to by the Deputy submitted an appeal to the May 2016 meeting of the Primary Staffing Appeals Board. The school requires an enrolment of 82 on 30 September 2016 in order to retain the fourth teaching post. In its appeal, the school projected an enrolment of 80 for 30 September 2016. As a result, the school has been informed that its appeal does not meet the criteria set out in Circular 0007/2016.

The Primary Staffing Appeals Board operates independently of the Department and its decision is final.

Disadvantaged Status

Questions (105)

Brendan Griffin

Question:

105. Deputy Brendan Griffin asked the Minister for Education and Skills when he will review the status of the eligibility of schools which are not covered under the Delivering Equality of Opportunity in Schools programme; and if he will make a statement on the matter. [17945/16]

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Written answers

I wish to advise the Deputy that the review of the DEIS programme is currently underway and it is my intention that a New Action Plan for disadvantaged schools will be published by the end of this year. I also wish to advise the Deputy that changes to the current programme will not be made pending the outcome of the review.

The review is looking at all aspects of DEIS, including the identification process for the inclusion of schools in the programme, the range and impact of different elements of the School Support Programme, and the scope for increased integration of services provided by other Departments and agencies, in order to improve effectiveness.

The programme for a Partnership Government has committed to publish a new updated Action Plan for Educational Inclusion within 12 months. Subject to Government approval, it is intended to start to implement actions arising from an updated plan in the 2017/18 school year.

The number of additional schools to be included in the programme will be determined by a new identification process for this purpose, which is currently in development.

In the meantime, I do not propose to make any changes to the current programme, including the addition of further schools until the completion of the Review and agreement on a new Action Plan.

School Accommodation

Questions (106)

John Paul Phelan

Question:

106. Deputy John Paul Phelan asked the Minister for Education and Skills the status of applications for extra accommodation by a school (details supplied); and if he will make a statement on the matter. [17987/16]

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Written answers

I can confirm that the schools referred to by the Deputy have submitted an application to my Department for additional accommodation.

The applications concerned are currently being assessed and a decision will be conveyed to the respective school authorities as soon as this process has been finalised.

School Accommodation

Questions (107)

John Paul Phelan

Question:

107. Deputy John Paul Phelan asked the Minister for Education and Skills the status of applications for extra accommodation by schools (details supplied); and if he will make a statement on the matter. [17988/16]

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Written answers

I can confirm that the schools referred to by the Deputy have both submitted applications for additional accommodation.

With regard to the first named school, I understand that my Department has discussed the application with the school concerned and has sought additional information. When this is received, the application can be considered further.

The application from the second named school is currently being assessed and a decision will be conveyed to the school authority as soon as this process is finalised.

Schools Building Projects Status

Questions (108)

Billy Kelleher

Question:

108. Deputy Billy Kelleher asked the Minister for Education and Skills the status on the provision of facilities for a school (details supplied); and if he will make a statement on the matter. [17991/16]

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Written answers

As the Deputy may be aware, planning permission was granted for the construction of a new 16 classroom school building on a site currently in the ownership of Cork City Council. This school building is intended to accommodate the school to which the Deputy refers.

The acquisition by my Department of the site in question is currently at an advanced stage.

Special Educational Needs Staff

Questions (109)

Michael McGrath

Question:

109. Deputy Michael McGrath asked the Minister for Education and Skills if there has been a change to the manner in which special needs assistants can be recruited to preschools from September 2016 and the qualifications they must hold; the nature of any change; and if he will make a statement on the matter. [18002/16]

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Written answers

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of Special Needs Organisers (SENOs) for allocating Special Needs Assistants (SNAs) support to mainstream Primary, Post Primary and Special Schools, to assist children with special educational needs who also have additional and significant care needs. The NCSE makes such allocations in accordance with my Departments criteria for the scheme.

Circular 0030/2014, which is available on my Department's website www.education.ie, sets out my Department's policy in relation to the Special Needs Assistant (SNA) scheme. The Circular explains that SNA support is not provided to pre-school services which operate outside of the primary or special school provision, other than in early intervention classes in recognised primary schools, or special schools, where support is provided for as part of the schools total quantum of SNA support.

As the NCSE does not allocate Special Needs Assistants to preschool services and have never done so, there has been no change in relation to the allocation of SNAs.

However, supports for childcare, including pre-school education, are provided by the Department of Children and Youth Affairs. The principal vehicle for the delivery of pre-school education is the free Pre-School Year in Early Childhood Care and Education (ECCE) programme which was introduced in January 2010 and provides for early learning in a formal setting to children in the year before they commence primary school.

Children with disabilities will now have better access to pre-school services under a new Access and Inclusion Model (AIM) programme of supports, which was recently announced, on 15th June 2016, by the Minister for Children and Youth Affairs.

AIM is a child-centred model, involving seven levels of progressive support, moving from the universal to the targeted, depending on the needs of the child and the pre-school.

The supports include: A new Inclusion Charter for the Early Years sector, alongside updated and strengthened Diversity, Equality and Inclusion Guidelines for Early Childhood Care and Education.

In relation to the qualifications of early years practitioners, a new higher education programme for early years practitioners (LINC) which will commence from September 2016.

A new national specialist service which is based in the Better Start National Early Years Quality Development Service will provide expert advice, mentoring and support to pre-school providers from a team of 50 specialists in early years care and education for children with disabilities.

A new national scheme will provide specialised equipment, appliances and minor alterations which are necessary to support a child's participation in the ECCE programme.

A new national scheme will also provide additional capitation to pre-school providers where this is critical to fund extra support in the classroom and enable a child's participation in pre-school. It is estimated that only 1 to 1.5% of children in pre-school will require, and therefore be eligible for, this scheme of additional capitation.

Details of the supports which will be available under AIM can be found at www.preschoolaccess.ie which contains comprehensive information on the access and inclusion model and on how to apply for the new schemes and supports.

Questions relating to provision of such services in preschool settings should be addressed my colleague, the Minister for Children & Youth Affairs.

Special Educational Needs Service Provision

Questions (110)

Mattie McGrath

Question:

110. Deputy Mattie McGrath asked the Minister for Education and Skills the catchment area a person (details supplied) in County Tipperary falls into to attend an autism spectrum disorder unit in a secondary school; and if he will make a statement on the matter. [18004/16]

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Written answers

My Department's priority is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area.

The NCSE have advised that there are four post primary schools in the area referred to by the Deputy that have classes for pupils with ASD. These are Ardscoil na mBraithre Clonmel 65320J; St. Ailbe's School, Rosanna Road, Tipperary Town 72480W; Coláiste Dun Iascaigh, Cashel Road, Cahir 76063D and Cashel Community School, Dualla Road, Cashel 91497A.

The NCSE have also advised that they expect to open up to 150 new special classes for the coming school year. Full details of all special classes are available at www.ncse.ie.

The enrolment of a child to a school is a matter, in the first instance, for the parent of the child and the Board of Management of a school. However, parents who may need advice or assistance in transitioning their child to post primary school, or are experiencing difficulties in securing a school placement should contact their local SENO. All schools have the contact details of their local SENO.

Parents can choose which school to apply to and, where the school has places available, the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.

Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

Application forms for taking a section 29 appeal are available on my Department's website at the following link: http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108588. Appeals should be taken within 42 days from receipt of written notification from the school's Board of Management.

The Programme for Government contains a commitment to publish new School Admissions legislation taking account of current draft proposals and addressing issues including publication of school enrolment policies, an end to waiting lists, introduction of annual enrolment structures, and transparency and fairness in admissions for pupils and their parents.

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. The new Bill will oblige all schools to admit pupils where there are available places.

Public Sector Staff Remuneration

Questions (111)

Frank O'Rourke

Question:

111. Deputy Frank O'Rourke asked the Minister for Education and Skills how he will treat non-union members with regards to the announced pay cuts and withholding of payments and increments from Association of Secondary Teachers of Ireland members, who are now outside of the Lansdowne Road Agreement, LRA; if he will consider non-union teachers as having accepted or rejected the LRA; and if he will make a statement on the matter. [18005/16]

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Written answers

As is the norm with public service collective agreements, the Lansdowne Road Agreement was negotiated with trade unions which are recognised as representing staff in the public service (including teachers). It is normal practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector. This context does not allow for acceptance or rejection of collective agreements by staff on an individual basis.

Accordingly, there is no proposal at this time to treat teachers separately based on the fact that they are not a member of a trade union.

Schools Building Projects

Questions (112)

Joan Burton

Question:

112. Deputy Joan Burton asked the Minister for Education and Skills if he is aware of delays to commencement of the rebuild at a school (details supplied); if he has now examined the timetable of construction and the reasons for delay; if he is aware of the urgent need for this project to commence; and if he will make a statement on the matter. [18007/16]

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Written answers

The major building project for the school in question is at an advanced stage of architectural planning, Stage 2(b) - Detailed Design, which includes the applications for Planning Permission, Fire Certificate and Disability Access Certificate and the preparation of Tender Documents. All statutory approvals have been secured and the Design Team were authorised to complete Stage 2b.

The stage 2b report has been reviewed by my Department and additional information was requested. The Design Teams response is currently under review and when that review is complete my Department will revert to the school with regard to the further progression of the project.

However, until the stage 2b report has been fully approved it will not be possible to provide any further indication of the timeframe for the progression of the project to tender and construction.

Schools Building Projects

Questions (113)

Joan Burton

Question:

113. Deputy Joan Burton asked the Minister for Education and Skills if he is aware of delays to commencement of the rebuild at a school (details supplied); if he has now examined the timetable of construction and the reasons for delay; if he is aware of the urgent need for this project to commence; and if he will make a statement on the matter. [18008/16]

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Written answers

The school building project for the school to which the Deputy refers is at an advanced stage of architectural planning. All statutory approvals have been obtained and the Stage 2b submission has been approved by my Department.

A tender exercise for a replacement Consultant Mechanical & Electrical Engineer is currently being finalised by my Department.

However, on 1st January 2016 there were 66 major projects under construction. Since the start of this year 14 more major projects have been progressed to construction and there are currently 36 projects authorised to progress through the tender process with a view to starting on site in the coming months. That represents a total of 116 major projects either under construction or progressing to commence construction in 2016. The existing contractual commitments for 2016 now fully account for the funding allocation available in 2016.

My officials will continue to closely monitor expenditure on existing contractual commitments over the coming months and, as funding allows, other projects, including the project for the school in question will be considered for progression through the tender process with a view to starting on site as soon as possible.

School Staff

Questions (114)

Michael McGrath

Question:

114. Deputy Michael McGrath asked the Minister for Education and Skills the status of an application by a person (details supplied) in Cork city for recognition of a contract of indefinite duration; and if he will make a statement on the matter. [18017/16]

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Written answers

The decision on whether to issue a Contract of Indefinite Duration (CID) to a teacher is one for their school as employer in the first instance. As part of the agreement between the education partners on the implementation of the Protection of Employees (Fixed Term Work) Act 2003 in the education and training sector, an adjudication system was established to facilitate resolution of disputes in relation to the awarding of CIDs. This system allows teachers who have been refused a CID, or who are unhappy with the hours of the CID where one is awarded, to submit an appeal to an independent Adjudicator for consideration.

The teacher referred to by the Deputy has submitted an appeal under this adjudication process and his appeal is currently being considered by the Adjudicator. When the Adjudicator issues a decision, this will be communicated to the teacher and school concerned.

Third Level Institutions

Questions (115, 116, 117, 118)

Alan Kelly

Question:

115. Deputy Alan Kelly asked the Minister for Education and Skills the total amount spent by each university on taxi hire in each of the years 2013, 2014 and 2015; and if he will make a statement on the matter. [18032/16]

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Alan Kelly

Question:

116. Deputy Alan Kelly asked the Minister for Education and Skills the total amount spent on taxi hire in each of the years 2013, 2014 and 2015 in respect of each of the State's institutes of technology; and if he will make a statement on the matter. [18033/16]

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Alan Kelly

Question:

117. Deputy Alan Kelly asked the Minister for Education and Skills the total amount spent on legal fees in each of the years 2013, 2014 and 2015 by the State's seven universities; and if he will make a statement on the matter. [18034/16]

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Alan Kelly

Question:

118. Deputy Alan Kelly asked the Minister for Education and Skills the total amount spent on legal fees in each of the years 2013, 2014 and 2015 by each institute of technology; and if he will make a statement on the matter. [18035/16]

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Written answers

I propose to take Questions Nos. 115 to 118, inclusive, together.

The information requested by the Deputy is not available in my Department. Officials of my Department have asked the Higher Education Authority to request the information from the institutions and I will arrange for it to be sent to the Deputy as soon as possible.

Schools Building Projects

Questions (119)

John Brassil

Question:

119. Deputy John Brassil asked the Minister for Education and Skills to provide funding to a school (details supplied) for an extension for an additional classroom in place of a prefabricated building he has provided in order that it can cater for an increased pupil enrolment following the provision of an additional teacher for September 2016; and if he will make a statement on the matter. [18058/16]

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Written answers

I wish to advise the Deputy that the school to which he refers has been allocated funding under my Department's Additional Accommodation Scheme to provide an additional mainstream classroom. The final approval letter issued to the school authority recently.

I further wish to advise the Deputy that due to the need to prioritise available funding towards the provision of essential school classroom accommodation, it is not possible at this point to provide an indicative timeframe for the provision of funding for a GP room which the school also applied for.

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