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Thursday, 30 Jun 2016

Written Answers Nos. 107-18

Special Educational Needs Staff

Questions (107)

Peadar Tóibín

Question:

107. Deputy Peadar Tóibín asked the Minister for Education and Skills if he will provide proper panel rights to special needs assistants. [18972/16]

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Written answers

The supplementary assignment arrangements for Special Needs Assistants (SNAs) were established on foot of proposals brought forward by the Labour Relations Commission when the Haddington Road Agreement was being agreed. These supplementary assignment arrangements for SNAs continue to operate under the Lansdowne Road Agreement, and both unions representing SNAs, namely SIPTU and IMPACT, have signed up to that agreement.

As set out in the LRC proposals, the supplementary assignment arrangements for SNAs only apply to current SNAs who are notified that they are to be made redundant. Accordingly, the purpose of these arrangements is to facilitate eligible SNAs who are being made redundant by one employer in filling SNA vacancies that may become available in another school/ETB.

Once an SNA with a minimum of one year's service (service in a substitute capacity i.e. covering for maternity leave, sick leave, career breaks, job-sharing etc. does not count) is notified by his/her employer that s/he is to be made redundant then s/he shall be deemed to be a member of a supplementary assignment panel for SNAs.

The detailed supplementary assignment arrangements for SNAs for the 2016/2017 school year are set out in Departmental Circular 0035/2016 which issued on 20 May 2016 and which is available on the Department's website at the following address: http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0035_2016.pdf.

The operation of this panel is described and outlined in Circular 0035/2016 and it is designed to be as flexible as possible which enables all eligible SNAs, who have the requisite Panel Form 1 completed by their former employer, to apply for any SNA position that is advertised by a school or an ETB with no sectoral, diocesan or geographical limitations imposed. It does not work on a list basis. Every eligible SNA will remain on the panel for two years with a view to getting further employment. If they are not successful over that period of time in obtaining a further SNA position then they will be eligible for a redundancy payment. Furthermore, an SNA may opt out of this supplementary assignment panel at any point in time triggering the processing of his/her redundancy payment in line with the terms set out in the SNA redundancy scheme (DES Circular 58/06) or any revision of same that is applicable at that time.

It is important to note that when an employer has a vacancy to fill, they must undertake the recruitment process in accordance with the provisions outlined in Circular 0035/2016. Finally, my Department has set up a dedicated e-mail address to deal with all queries in relation to the SNA Supplementary Assignment Panel and any queries in respect of the operation of the Panel can be directed to this dedicated e-mail address: snasupplementpanel@education.gov.ie.

UK Referendum on EU Membership

Questions (108)

Thomas Byrne

Question:

108. Deputy Thomas Byrne asked the Minister for Education and Skills if he has undertaken any contingency planning for the effects of the United Kingdom leaving the European Union; and the areas in which this contingency planning has been undertaken and any key proposals he has formed. [19025/16]

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Written answers

The Government has a Contingency Framework in place which maps the key issues that will be most important to Ireland in the coming weeks and months. My Department participated fully in and contributed to the preparation of that Framework for the education sector. The Government has published a summary of the key actions that will be taken to address the contingencies arising from the UK's decision to leave the EU. Negotiations on the future EU UK relationship will now be required and officials from my Department will engage fully in these discussions at EU and bi-lateral level.

The peace dividend generated by the Good Friday Agreement has led to wide-ranging and sustained cross-border cultural, economic and political developments. The region has long been recognised internationally has having a special status and has attracted support from successive administrations in the United States, European Union and elsewhere. My Department has been working for many years with our colleagues in Northern Ireland in seeking to encourage cross-border participation in education and training including in relation to pupils crossing the border to attend school and students engaging in the further education system, as well as those coming from the UK and Northern Ireland for the purposes of higher education.

Officials in my Department will continue to work with our colleagues in Northern Ireland in seeking to encourage cross-border participation in education and training including pupils crossing the border to attend school, access to special education needs services, further and higher education. They will also continue to work constructively to try to maintain the greatest possible links and co-operation between the EU and the UK in student and academic mobility and in research activities. We will be endeavouring to ensure the greatest continuity possible in these areas. In this context, officials from my Department will continue to emphasise our very particular relationship with Northern Ireland and the UK in the upcoming negotiations, a fact that is widely understood by our EU partners.

Overall, in relation to upcoming negotiations my Department will work constructively to maintain and support the existing links and cooperation in the education sphere.

Third Level Data

Questions (109)

Thomas Byrne

Question:

109. Deputy Thomas Byrne asked the Minister for Education and Skills the number of British and Northern Irish citizens who are registered as students in higher education institutes here; and the number of Irish students registered as third level students in both Great Britain and Northern Ireland. [19026/16]

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Written answers

In the academic year 2015/16 there were 1,007 full-time and part-time Northern Irish domiciled enrolments and 1,805 full-time and part-time British domiciled enrolments in all higher education institutions that are funded by the Higher Education Authority (HEA).

The HEA does not collect data on students from the Republic of Ireland studying in Northern Ireland or Britain. However, I understand from the Department for the Economy in Northern Ireland that in the academic year 2014/15 there were 2,345 full-time and part-time Republic of Ireland domiciled enrolments in higher education institutions in Northern Ireland. Data is not available on the number of students from the Republic of Ireland studying in Britain.

Obviously, this matter will need to be monitored in light of the UK referendum result last week. The Government has a Contingency Framework in place which maps the key issues that will be most important to Ireland in the coming weeks and months. My Department participated fully in and contributed to the preparation of that Framework for the education sector. The Government has published a summary of the key actions that will be taken to address the contingencies arising from the UK's decision to leave the EU. Negotiations on the future EU UK relationship will now be required and officials from my Department will engage fully in these discussions at EU and bi-lateral level.

Motor Tax

Questions (110)

Michael Healy-Rae

Question:

110. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the status of the categorisation of vehicles in County Kerry (details supplied); and if he will make a statement on the matter. [18994/16]

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Written answers

While I have overall policy responsibility for motor tax policy, I have no role in relation to individual applications for motor tax. Responsibility for the administration of motor tax rests with the relevant licensing authority (motor tax offices and, in the case of online motor tax, the Minister for Transport, Tourism and Sport).

Licensing authorities have an obligation under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 to ensure that the vehicle licence being applied for is the appropriate licence for the vehicle concerned.

Private Residential Tenancies Board

Questions (111)

Michael Healy-Rae

Question:

111. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the status of a query by a person (details supplied) regarding the effectiveness of the Private Residential Tenancies Board, in regard to determination orders; and if he will make a statement on the matter. [18841/16]

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Written answers

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

The RTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination order. Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. The order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the RTB can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case. A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts.

Under the Act, enforcement of RTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the RTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2015 alone it referred 312 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the RTB facilitates, is for the parties to agree a schedule of payments.

Details on the number of dispute applications and enforcement requests received by the RTB are available in the RTB Annual Reports at http://www.prtb.ie/about-rtb/who-we-are/annual-reports.

Motor Tax Collection

Questions (112)

Imelda Munster

Question:

112. Deputy Imelda Munster asked the Minister for the Environment, Community and Local Government his plans to introduce regular direct debit payments for motor tax, given that paying several lump sums a year causes financial hardship for many people; and if he will make a statement on the matter. [18860/16]

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Written answers

I have no plans currently to introduce a system of regular direct debit payments for motor tax.

Any such proposal would require to be underpinned by robust legislation to ensure that there is a system in place to recoup income lost to the taxpayer where there are insufficient funds in personal accounts to meet the payment or where a direct debit or standing order option is cancelled by the account holder once a disc is issued. It would also be necessary to introduce provisions to enable recovery of the disc where required. The resultant additional enforcement requirements would also be likely to increase the cost of operating the system.

Motor Tax Collection

Questions (113)

Imelda Munster

Question:

113. Deputy Imelda Munster asked the Minister for the Environment, Community and Local Government the rationale behind charging a higher level of motor tax for those who choose to pay quarterly; and if he has considered amending this as it is unfair on those who are not in a position to pay a large lump sum annually. [18861/16]

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Written answers

Motor tax is payable on an annual, half-yearly or quarterly basis. The rates applicable for the half-yearly and quarterly options are 55.5% and 28.25% of the annual charge, respectively. These relativities have remained generally consistent since the 1960s.

The differential takes account of the extra workload for staff in motor tax offices and the Driver and Vehicle Computer Services Division of the Department of Transport, Tourism and Sport, which operates the online motor tax system, as well as the resultant administrative costs and printing costs that arise, including the issuing of renewal notices. Each quarterly renewal of motor tax follows the same administrative procedures as the annual renewal process. Consequently, renewing on a quarterly basis generates four times the workload of an annual renewal for the equivalent period.

The loss of income that would arise from changing these arrangements would have a negative impact on the total collected via motor tax and would have to be borne elsewhere in the motor tax system or through the taxation system generally.

I have no plans currently to review the basis for paying motor tax on a half-yearly or quarterly basis.

Tenant Purchase Scheme

Questions (114)

Niall Collins

Question:

114. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if the tenant purchase scheme will be amended (details supplied); and if he will make a statement on the matter. [18907/16]

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Written answers

The Water Services (Amendment) Bill 2016, which completed second stage debate in the Dáil on 28 June 2016, seeks to implement water elements of the ‘Confidence and Supply Arrangement’ agreed with Fianna Fáil in the context of supporting a minority Government. The Arrangement document also affirms the parties’ position that those who have paid their water bills will be treated no less favourably that those who have not.

The Bill seeks to suspend domestic water charges for a period of 9 months so as to ensure that Irish Water customers are not billed for water services in the period from 1 July 2016 to 31 March 2017 or at any other time in relation to this period. The suspension is to allow for an extensive deliberative process to be carried out. An expert commission will be established shortly to consider the long term funding of public domestic water services and make recommendations thereon. These will be considered by an Oireachtas committee and, ultimately, the Oireachtas will then determine the enduring funding model for public water services into the future.

The Water Services (No. 2) Act 2013 provides that Irish Water shall collect charges from its customers in receipt of water services provided by it and all dwellings connected to the public water or waste water systems will remain liable for domestic water charges up to the date the suspension of charges takes effect.

Section 3(A)(9) of the Water Services Act 2014 provides that a person who is a tenant of a dwelling let under the Housing Acts 1966 to 2014 and who proposes to purchase the dwelling shall before completion of the sale provide the local authority concerned with a certificate of discharge from Irish Water confirming that any water charge in respect of the dwelling owed to Irish Water has been paid. The sale of the dwelling cannot proceed until a certificate discharge in respect of the dwelling has been received from Irish Water. I have no plans to amend the legislation in this regard.

Fire Stations Provision

Questions (115)

John Paul Phelan

Question:

115. Deputy John Paul Phelan asked the Minister for the Environment, Community and Local Government the status of a new fire station (details supplied) including the stage it is at and when construction will begin; and if he will make a statement on the matter. [18913/16]

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Written answers

The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of the individual fire authorities under the provisions of the Fire Services Act 1981. My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects.

My Department recently announced a five-year Fire Services Capital Programme with an allocation of €40 million, based on the current annual €8 million allocation, to be used for the purchase of fire appliances and specialist equipment, building or upgrading of prioritised Fire Stations, an upgrade of the Communications and Mobilisation system and improvements to Training Centres. Under this programme, the list of priority projects to be progressed will be kept under review on an annual basis.

The project referred to in the Question is included in this programme under the list of priority projects to be progressed for 2018. My Department is liaising with relevant local authorities to progress proposed projects in this programme within the indicated timescales. The projects in the capital programme will be reassessed on an annual basis and priority may be adjusted to bring forward projects offering best value-for-money and to take account of the state of readiness of the projects.

Water Charges

Questions (116)

Peadar Tóibín

Question:

116. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government his views on the policy of Meath County Council of withholding housing from those on the housing waiting list who have not been able to pay their water charges. [18919/16]

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Written answers

Under Section 20 of the Housing (Miscellaneous Provisions) Act 2009, a household is ineligible for social housing support where the household is in arrears of rent, rent contributions, charges, fees or loan repayments, or any other moneys owing to a housing authority in the previous three years for an accumulated period of 12 weeks or more, and has not entered into a repayment arrangement with the housing authority.

In relation to water charges which are owed to Irish Water, the Water Services Acts 2007-2013 provide that Irish Water has statutory powers to request its customers and certain specified persons or bodies to provide it with information so that Irish Water can perform its functions under these Acts. These include the collection of data to develop its customer database. Irish Water is required to manage all personal data in accordance with the Data Protection Acts 1988 and 2003. Irish Water has an on-going engagement with the Office of the Data Protection Commissioner which has worked closely with Irish Water to agree the process for the capture, storage and usage of customer data. As such, Irish Water cannot share details in relation to non-payment of water charges with landlords, including any housing authority.

I understand that where an existing tenant of Meath County Council applies to transfer to another dwelling in accordance with that Council’s transfer policy as set out in its allocation scheme, one of the requirements is that all service and other charges are paid and up to date. The tenant is required to submit confirmation of same when submitting the application. The assessment of such transfer applications is a matter for the local authority concerned in accordance with its allocation scheme.

Motor Tax

Questions (117)

Imelda Munster

Question:

117. Deputy Imelda Munster asked the Minister for the Environment, Community and Local Government if he will consider reviewing the motor taxation system with a view to looking at other models of payment such as incorporating payment into tax on fuel to enable road users to pay tax relative to their mileage and therefore level of use of their vehicle; and if he will make a statement on the matter. [18936/16]

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Written answers

There are no plans at present to replace the current system of motor tax with additional taxation on motor fuel or with any other mechanism.

Gross motor tax receipts for 2015 were in the order of €1.124 billion. Maintenance of the tax base would require an increase in fuel excise rates of at least 20 cent per litre, with direct negative impacts on the rate of inflation and economic competitiveness.

Goods vehicles and other high usage and high mileage vehicles, such as public service vehicles and buses would have higher costs under a pay-as-you-drive system. There would also be other distributional effects, including on those with longer distances to commute.

A significant increase in fuel duty could lead to an increase in cross-border fuel purchasing, further depressing the tax base and requiring a compensatory adjustment, either in further increases in fuel prices or elsewhere in the tax system, to make up the shortfall. The potential for an increase in fuel laundering is also a risk.

The benefits of a fuel based motor tax system would have to be weighed against these considerations before the change proposed could be contemplated.

Waste Disposal Charges

Questions (118)

Barry Cowen

Question:

118. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if the agreement he reached with the waste collection companies on price freezes will also apply to new customers. [18946/16]

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Written answers

My Department intend to meet with the waste industry next week to discuss the details of the agreement referred to, including how new customers will be dealt with under the agreement. Notwithstanding the difficulties associated with trying to accommodate customers of whom the collector has no record, I am confident that a reasonable and fair solution will be found to address this issue.

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