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Tuesday, 12 Jul 2016

Written Answers Nos. 236-258

Psychological Assessments

Questions (236)

Carol Nolan

Question:

236. Deputy Carol Nolan asked the Minister for Education and Skills the average number of educational assessments carried out by the National Educational Psychology Service and the scheme for the commissioning of private psychological assessments, by school, for each of the years 2006 to 2016 to date; and if he will make a statement on the matter. [20631/16]

View answer

Written answers

The Deputy may be aware that my Department's National Educational Psychological Service (NEPS) provides educational psychology service to all primary and post primary schools through an assigned NEPS psychologist and in some cases through the Scheme for Commissioning Psychological Assessments (SCPA). The scheme is administered by NEPS from a panel of private practitioners maintained for this purpose.

The Scheme for Commissioning was created in 2001 as a temporary measure to provide service to schools (assessment only) in advance of full provision of NEPS personnel and where a NEPS psychologist was not available to provide the full NEPS model of service. Historically service was provided to schools either by a NEPS psychologist or through SCPA. I include for the Deputy's information a table setting out the average number of assessments and referrals undertaken under SCPA or by NEPS Psychologists by year by Primary and Post-Primary school for each of the last ten years.

Average Number of Assessments / Referrals undertaken under SCPA or by NEPS Psychologists by year by Primary and Post-Primary school

Year

Schools

SCPA

NEPS Referrals

Total

Average

2006/07

 3,997

 4,427

 5,989

 10,416

2.61

2007/08

 3,991

 4,543

 6,042

 10,585

2.65

2008/09

 3,987

 2,927

 7,696

 10,623

2.66

2009/10

 3,980

 2,614

 8,253

 10,867

2.73

2010/11

 3,983

 2,593

 8,063

 10,656

2.68

2011/12

 3,963

 2,160

 8,564

 10,724

2.71

2012/13

 3,959

 2,236

 8,498

 10,734

2.71

2013/14

 3,952

 1,579

 8,557

 10,136

2.56

2014/15

 3,945

 1,817

 8,007

 9,824

2.49

2015/16

 3,932

 1,658

 6,222

 7,880

2.00 (&)

(&) Data incomplete as yet – to be updated by end Sept 2016

Legal Proceedings

Questions (237, 239, 240, 243, 244)

Carol Nolan

Question:

237. Deputy Carol Nolan asked the Minister for Education and Skills the number of cases and litigation that comes within the parameters of the O'Keeffe judgment; the implications of this for the State; and if he will make a statement on the matter. [20632/16]

View answer

Carol Nolan

Question:

239. Deputy Carol Nolan asked the Minister for Education and Skills the steps taken by his Department to implement the O'Keeffe judgment; and if he will make a statement on the matter. [20634/16]

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Carol Nolan

Question:

240. Deputy Carol Nolan asked the Minister for Education and Skills the number of persons who have been offered settlements by the State in relation to complaints of child sex abuse in schools in view of the O'Keeffe judgment; and if he will make a statement on the matter. [20635/16]

View answer

Carol Nolan

Question:

243. Deputy Carol Nolan asked the Minister for Education and Skills if the State Claims Agency will contact all litigants who have discontinued their cases of school child sexual abuse advising them of the scheme of compensation as outlined in the updated action plan submitted to the Council of Europe in February 2016; if that correspondence will also clearly set out the right of the litigant to appeal the offer; and if he will make a statement on the matter. [20638/16]

View answer

Carol Nolan

Question:

244. Deputy Carol Nolan asked the Minister for Education and Skills if any action has been taken by his Department on foot of the submissions by the Irish Human Rights and Equality Commission and the Child Law Clinic of University College Cork to the Council of Europe in relation to the Government's interpretation of the O'Keeffe judgment; in particular the requirement that a prior complaint of sex abuse must have been made in order for victims to be offered compensation; and if he will make a statement on the matter. [20639/16]

View answer

Written answers

I propose to take Questions Nos. 237, 239, 240, 243 and 244 together.

The European Court of Human Rights (ECtHR) judgment in the case of Louise O'Keeffe delivered on 28th January 2014, determined that there had been a violation by Ireland of Articles 3 (prohibition of inhuman and degrading treatment) and Article 13 (right to an effective remedy) and awarded the applicant €30,000 in respect of pecuniary and non-pecuniary damages and €85,000 in costs and expenses.

In its response to the judgment, the Government agreed in December 2014 that out of court settlements be offered in those extant cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECtHR judgment and satisfy the Statute of Limitations. The State Claims Agency (SCA), who manage such cases on behalf of the State, was mandated to offer out of court settlements in current and future litigation where the circumstances of the cases come within the terms of the European Court judgment and are not statute barred. In this regard, the SCA has made settlement offers which have been accepted in 6 cases.

Subsequently, in July 2015, the Government approved proposals to offer ex-gratia payments up to a maximum of €84,000 to those who initiated legal proceedings in cases of school child sexual abuse against the State but who subsequently discontinued their claims against the State where, similarly, the circumstances of the claims come within the terms of the ECtHR judgment and where the claims were not statute barred prior to the proceedings being discontinued.

It was decided that such payments would be offered to those persons whose cases were not statute barred prior to their proceedings being discontinued and where the person can demonstrate that their circumstances involved sexual abuse of a school child by a primary or post-primary school employee in respect of whom there was a prior complaint of sexual abuse to a school authority (including an authority of a school in which the employee had previously worked) prior to the issue of the Department of Education guidelines on Child Protection to primary and post-primary schools in 1991 and 1992 respectively.

As noted in the Department's press release of 28th July, 2015 persons who believe that their cases come within the criteria can contact the SCA and provide supporting evidence. It is not possible to assess at this stage how many cases in this category will satisfy these criteria. Where there is a disagreement between the SCA and the individual as to whether their circumstances come within the terms of the ECtHR judgment, provision will be made for the application to be reviewed by an independent assessor. In offering these settlements, the State will not be covering the liabilities of the perpetrators, school managers or patrons or other co-defendants.

In terms of implementing the ECtHR judgement in the O'Keeffe case, Ireland is obliged to file bi-annual action plans with the Council of Europe outlining the steps being taken to implement the ECtHR judgment - these action plans are in the public domain and can be accessed on the Council of Europe's website. The next (the 5th) Action Plan is due to be submitted on 28th July 2016.

The submissions made by the Irish Human Rights and Equality Commission and the Child Law Clinic of University College Cork to the Council of Europe were made under Rule 9 (2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. Rule 9 (2) states that 'The Committee of Ministers shall be entitled to consider any communication from non-governmental organisations, as well as national institutions for the promotion and protection of human rights, with regard to the execution of judgments under Article 46, paragraph 2, of the Convention. Ireland is not required to comment on Rule 9 (2) submissions and my Department was not required to file a response to these submissions.

Legal Proceedings

Questions (238, 241, 242)

Carol Nolan

Question:

238. Deputy Carol Nolan asked the Minister for Education and Skills if the State intends to pursue the matter of costs against the plaintiffs involved in the recent High Court case where judgment was delivered on 26 May 2016 relating to the issue of sex abuse in schools; and if he will make a statement on the matter. [20633/16]

View answer

Carol Nolan

Question:

241. Deputy Carol Nolan asked the Minister for Education and Skills his views on the recent decision of a person (details supplied) on 26 May 2016 in respect of litigation taken relating to school child sex abuse; if he is taking all appropriate action to ensure that victims of school child sex abuse are being compensated; and if he will make a statement on the matter. [20636/16]

View answer

Carol Nolan

Question:

242. Deputy Carol Nolan asked the Minister for Education and Skills if the recent judgment of a person (details supplied) on 26 May 2016 in respect of litigation taken relating to school child sex abuse contradicts the Government's updated action plan submitted to the Council of Europe on 1 February 2016, which states that cases can proceed before the domestic courts if a person is not satisfied with the ex gratia payment offer; and if he will make a statement on the matter. [20637/16]

View answer

Written answers

I propose to take Questions Nos. 238, 241 and 242 together.

In relation to Judge Barrett's Judgement, these claims are still on-going and before the Court. The Deputy will appreciate I cannot comment on individual cases before the courts.

Questions Nos. 239 and 240 answered with Question No. 237.
Questions Nos. 241 and 242 answered with Question No. 238.
Questions Nos. 243 and 244 answered with Question No. 237.

Industrial Relations

Questions (245)

Carol Nolan

Question:

245. Deputy Carol Nolan asked the Minister for Education and Skills the progress of talks with the Association of Secondary Teachers, Ireland; and if he will make a statement on the matter. [20640/16]

View answer

Written answers

ASTI has issued a directive to their members to withdraw from the Croke Park hours. These are the 33 hours of additional work per year (less than one hour per week) that were agreed under the Croke Park agreement, to facilitate staff meetings, parent-teacher meetings etc. without closing schools. ASTI's decision to withdraw from these hours means that the union has repudiated the Lansdowne Road Agreement. In opting to withdraw from the LRA, ASTI members are also opting to forego a series of benefits and protections, as communicated by my Department previously. These include avoiding an increment freeze, continuation of the alleviation of the FEMPI Act 2013 pay cut for higher earners, the Supervision and Substitution payment of €796 due to be paid on 1 September and protection against compulsory redundancy.

At an initial meeting with ASTI last Thursday in relation to their issues of concern, my Department suggested that ASTI suspend their directive to withdraw from the Croke Park hours in order to provide time and space for meaningful engagement on their issues. My Department offered that the implementation of measures associated with their repudiation of the LRA would also be put on hold for this period. It was made clear to ASTI that this suggestion was not intended as a pre-condition to talks, but rather to create a more constructive context within which talks can proceed. It was also intended to ensure that any disruption to schools from September, arising from ASTI actions, could be avoided during the talks period.

The ASTI Standing Committee decided to reject this suggestion. As a result, the immediate implications of LRA withdrawal will now arise. These would have been avoided for ASTI members during the talks period if a suspension was agreed.

I am disappointed that the ASTI Standing Committee decided to reject my Department's suggestion. ASTI now appears intent on proceeding with their action, which will lead to disruption in schools in the new school year.

Despite the union's clear intention, I remain genuinely of the belief that continuing dialogue between my Department and ASTI is in the best interests of schools, parents, students and teachers. In that regard, my Department will be seeking arrangements for discussions to continue.

Gaelscoil Issues

Questions (246, 247)

Carol Nolan

Question:

246. Deputy Carol Nolan asked the Minister for Education and Skills the number of counties that currently have one or more Gaelscoileanna but no Gaelcholáiste; and if he will make a statement on the matter. [20641/16]

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Carol Nolan

Question:

247. Deputy Carol Nolan asked the Minister for Education and Skills the number of counties that currently have more than 100 pupils receiving their primary education through the medium of the Irish language that currently have no Gaelcholáiste; and if he will make a statement on the matter. [20642/16]

View answer

Written answers

I propose to take Questions Nos. 246 and 247 together.

A list of all primary and post-primary schools including their county, Irish classification and pupil numbers is available on my Department's website at the following link: http://www.education.ie/en/Publications/Statistics/Data-on-Individual-Schools/. All-Irish classification means that Irish is the normal language of communication with the class for all subjects & activities, except the teaching of English. The all-Irish schools include gaelscoileanna (outside Gaeltacht areas) and Irish speaking schools in the Gaeltacht. Part-Irish means that Irish is the normal language of communication with the class for at least one subject or activity, other than Irish. No Irish means that Irish is not used as the normal language of communication for any subject or activity, with the exception of Irish.

The number of schools where Irish is the normal language of communication with the class for all subjects and activities, except the teaching of English by county, and the number of pupils attending them, is available in the following table.

County Name

Number of Primary Schools where Irish is the normal language of communication with the class for all subjects & activities, except the teaching of English. 

Pupils Attending these schools

Number of Post-Primary Schools where Irish is the normal language of communication with the class for all subjects & activities, except the teaching of English. 

Pupils attending these schools

Carlow

1

479

1

368

Cavan

1

36

0

0

Clare

4

565

0

0

Cork

27

6570

6

1596

Donegal

37

2868

5

897

Dublin

34

9472

10

3485

Galway

45

5706

10

1751

Kerry

18

1506

3

849

Kildare

7

2568

1

289

Kilkenny

1

436

1

209

Laois

3

369

0

0

Leitrim

2

253

0

0

Limerick

6

1807

2

982

Longford

1

187

0

0

Louth

2

425

0

0

Mayo

16

1225

2

238

Meath

10

2197

1

141

Monaghan

4

794

1

277

Offaly

3

359

0

0

Roscommon

1

178

0

0

Sligo

1

247

0

0

Tipperary

5

911

0

0

Waterford

7

1150

2

241

Westmeath

3

679

0

0

Wexford

3

685

1

172

Wicklow

6

1603

2

471

Grand Total

248

43275

48

11966

Irish Language

Questions (248)

Carol Nolan

Question:

248. Deputy Carol Nolan asked the Minister for Education and Skills if the capital programme for school buildings takes account of the future demand for the provision of education through the Irish language; and if he will make a statement on the matter. [20643/16]

View answer

Written answers

As the Deputy will be aware, my Department uses a Geographical Information System (GIS) to identify where the pressure for school places will arise nationwide. The GIS uses data from the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and information from my Department's own databases. With this information my Department carries out demographic analyses to determine where additional school places are required nationwide.

When it is decided that a new school is required to meet demographic needs in an area, my Department runs a separate patronage process to decide who will operate the school. It is open to all patrons and prospective patrons to apply for patronage of the school under this process and the level of parental preference for each patron, including for those providing Irish-medium education, is key to decisions in relation to the outcome of the process.

The criteria used in assessing the patronage applications received from prospective patrons place a particular emphasis on parental demand for plurality and diversity of provision, with parental preferences at the centre of the process. In this regard, prospective patrons must collect and demonstrate evidence of the level of parental demand for their preferred model of provision and medium of instruction, English or Irish, as part of their application under this process.

The Deputy will be aware in that regard of my recent announcement that An Foras Pátrúnachta is the patron of one of the 3 new primary schools, which will open in September of this year. This new gaelscoil will provide education through the medium of Irish in the Goatstown/Stillorgan school planning area. My Department is currently carrying out an analysis of the applications received for the patronage of the nine new post-primary schools which will open in coming years - six in September 2017 and three in September 2018. In line with the arrangements referred to above, prospective patrons were required to submit with their application a parental preference template in which parents have been requested to state their preference for their child(ren) to be educated through the medium of English or Irish. On completion of this assessment, my Department will draft a report for the consideration of the New Schools Establishment Group who will submit a report with recommendations to me for consideration and final decision. One of the requirements for patronage of the new post-primary schools where the medium of instruction is English, and a willingness and commitment to open an Aonad in the school if there is sufficient parental demand.

In addition to new gaelscoileanna and gaelcholaistí that may be established in the future under the patronage process referred to above, I can advise the Deputy that over 85 major building projects were included in my Department's 5 Year Plan (2012-16) and in my Department's Six-Year Capital Programme (2016-21) in respect of gaelscoileanna and gaelcholaistí. These projects will provide additional places to meet future demand for tuition through the medium of Irish as part of the overall priority to meet demographic need.

Irish Language

Questions (249)

Carol Nolan

Question:

249. Deputy Carol Nolan asked the Minister for Education and Skills if his Department currently encourages schools to provide an Irish language medium stream for pupils, where there is clear local demand from parents; if his Department has issued guidelines to schools through circulars or other communication on the way to establish such a stream; and if he will make a statement on the matter. [20644/16]

View answer

Written answers

The process for the establishment of new schools to meet demographic needs and the separate process in relation to the patronage of each new school incorporates consideration of, and the potential for, Irish-medium provision. It is open to all patron bodies and prospective patrons, including patrons involved in Irish-medium provision and indeed any prospective patron which wishes to provide Irish-medium education, to apply for patronage of a new school under the patronage process. Parental preferences for each patron, together with the extent of diversity currently available in the area, are key to decisions in relation to the outcome of this process. In this regard, as part of the application process, prospective patrons must submit completed parental preferences.

Among the issues to be considered, particularly at post-primary level, are the provision of a sufficient range of subject choice for students, appropriate school facilities and sufficient specialist teachers, particularly where an Aonad may be provided within an English-medium school.

It is important that Irish-medium provision is planned and can be delivered in a successful and sustainable way.

Student Grant Scheme Administration

Questions (250)

Niamh Smyth

Question:

250. Deputy Niamh Smyth asked the Minister for Education and Skills if extra staff are being brought into the Student Universal Support Ireland offices in 2016 to deal with the application process; if he envisages a backlog; how long applicants will be waiting on applications to be processed; when it is likely grants will be paid; and if he will make a statement on the matter. [20651/16]

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Written answers

The Student Grant Scheme for 2016 opened on the 7th of April, more than two weeks earlier than last year. SUSI is expecting to receive more than 110,000 applications for the 2016/17 academic year. To date it has received 87,000 applications and provisionally awarded grants to 41,000 students. All applications received by SUSI by the priority closing date of Friday 8th July will be prioritised by the SUSI assessment teams.

The earlier opening date has led to earlier decisions for those students who have already submitted their applications to SUSI. Changes introduced last year now provide for the possibility for students to receive their first maintenance payment in September, provided that they submit their applications on time.

These changes have also ensured that students who apply to SUSI before the published priority application closing dates can receive decisions on their grant applications as early as possible before they go or return to college and, in an increasing number of cases this year, many students are receiving grant application decisions before they finalise their CAO choices or accept an offer of a college place.

It is not possible to specify the exact processing time for each application. Individual applications will be subject to different processing timeframes depending on their complexity and the time at which they are submitted by students relative to the published SUSI closing dates. It is important that all of the required documentary evidence must be submitted complete and on time to enable a final decision to be made on an application.

SUSI deploys a flexible staffing model and implements detailed workforce planning to meet the highly seasonal requirements of the annual grant application processing cycle.

While SUSI provides decisions on grant eligibility for students at the earliest possible time after an application is received, payment in respect of an awarded grant can only be made when a student has taken up their place in college, when their registration and attendance on their course has been confirmed to SUSI by the college and as soon as the student submits his/her bank details through the online SUSI account.

Students who have yet to submit their applications, should visit SUSI's website (www.susi.ie) where they can access information on the eligibility criteria for student grant funding.

For students who have already submitted their application, they can check the status of their application through the online tracker that is available on the SUSI website.

Student Grant Scheme Administration

Questions (251)

Niamh Smyth

Question:

251. Deputy Niamh Smyth asked the Minister for Education and Skills his plans to increase or review the Student Universal Support Ireland Student grant due to spiralling rent prices in areas such as Dublin; the measures in place to deal with this issue; and if he will make a statement on the matter. [20655/16]

View answer

Written answers

The eligibility criteria for student grants is reviewed annually in my Department and approved by the Department of Public Expenditure and Reform. The statutory Student Grant Scheme and Student Support Regulations for the 2016/17 academic year were published by my Department on 7 April, 2016.

The Student Grant Scheme for 2016/17 contains a number of positive changes to the previous scheme. These include:

- an extension to the qualifying criteria for receiving the special rate of maintenance grant and the inclusion of a number of additional income disregards

- new benefits for 'second chance students' who return to education

- the first increase in 15 years in the amount of holiday earnings that students can exclude from their reckonable income for grant assessment purposes. This threshold has been increased from €3,809 to €4,500 for the 2016/17 student grant scheme.

The Student Grant Scheme for 2016/17 is expected to benefit more than 80,000 students at a cost of approximately €380m. Any future changes to the level of student grant will have to be taken in the context of overall budgetary constraints. I have just published the report by the Expert Group, chaired by Peter Cassells, which examined funding arrangements for higher education and has presented options for developing a sustainable long term funding strategy for the sector. I am referring the report to the relevant cross-party Oireachtas Committee for comprehensive examination and discussion, in an effort to build a consensus on a plan for the future direction of the funding model for higher education in Ireland.

Appointments to State Boards

Questions (252)

Dara Calleary

Question:

252. Deputy Dara Calleary asked the Minister for Education and Skills the number of positions on the boards of bodies and agencies under the aegis of his Department; the number of vacant positions; when each vacancy occurred; and if he will make a statement on the matter. [20682/16]

View answer

Written answers

For the Deputy's information details of board appointments to agencies under the remit of my Department may be downloaded from my Department's website at www.education.ie/en/The-Department/Agencies.

The Deputy should note that Board appointments, while made by me as Minister, are not in all cases made at my discretion. Individuals may be nominated for appointment by various organisations arising from the terms in the relevant statutes of the Body concerned.

In line with the guidelines for appointments to State Boards, which can be viewed on the Department of Public Expenditure and Reform's website www.per.gov.ie the process for filling vacancies on State Boards under the aegis of the Department is now normally managed by the Public Appointments Service (PAS), whereby applications are made through the dedicated website www.Stateboards.ie. An assessment process is undertaken by PAS leading to the creation of a list of candidates suitable for appointments to Boards.

The vacancies for Chair in the Institute of Technology Sligo, Institute of Technology Tralee and Dun Laoghaire Institute of Art, Design and Technology have been advertised through the Public Appointments Service and closing date for applicants is 20th July 2016.

The information requested by the Deputy in regard to the number of vacant positions on the boards of bodies and agencies, in conjunction with the details of the vacancies in other Bodies and in the Higher Education Institutions under the aegis of my Department, is provided in the following table.

Table 1 – Details of Board Vacancies at 12 July 2016 for Bodies under the Aegis of the Department of Education and Skills

Board

Number of positions on respective Agency Boards

Vacancies

Date vacancies occurred

Higher Education Authority

19

Chairperson plus 8 members of the board to be appointed following nomination by Minister

2 vacancies occurred due to resignations in 2015 and 6 board members terms of office expired in December 2015. The Chairperson’s term expired in January 2016.

National

Council for Special

Education

13

12 board members’ term expired. 12 members to be appointed following nomination by Minister

The term of office of 12 board members expired on 31/12/2015

Irish Research Council

11

4 members of board to be appointed following nomination by the Minister for Skills, Research and Innovation

4 Vacancies - 3 arise

as term expired on 18/03/2016; plus 1 unfilled vacancy

Léargas

9

1 member to be appointed following nomination by Minister

1 April 2016

National Council for

Guidance in Education

13

12 members and Chairperson’s term expired. Board nominees are made from relevant organisations.

The term of office for the 13 members expired on 07/07/2016

The Teaching Council

37

2 members to be appointed by the Minister

The Council’s term of office expired on 27 March 2016.

Educational Research Council

5

5 members to be appointed by the Minister

The first board of the ERC is in the process of being populated.

Table 2. Details of Other Non-Aegis Bodies where Board vacancies exist

Other Bodies

Number of positions on Boards

Vacancies

Date vacancies arose

Middletown Centre for Autism Limited – this is a company set up under Limited Liability in Northern Ireland.

Membership of 10 of which 5 are Irish Board members

Membership of 5 Irish ordinary Board members to be appointed by the Minister

Term of Office for Irish members (5 of the 10 Board members) expired on 16th March 2016.

Table 3. Details of Higher Education Institutions with Board Vacancies

Institution

Number of Members on Governing Body

Vacancy/Vacancies

Date Vacancy/Vacancies Arose

Institute of Technology Sligo

The Legislation governing the 13 Institutes of Technology and DIT is the Institutes of Technology Acts 1992 to 2006 and the Dublin Institutes of Technology Acts 1992 to 2006 respectively. Each Governing Body consists of a Director/President, a Chairperson and 17 ordinary (18 in DIT) members.

Chairperson to be nominated by Minister

27th February 2016

Institute of Technology Tralee

The Legislation governing the 13 Institutes of Technology and DIT is the Institutes of Technology Acts 1992 to 2006 and the Dublin Institutes of Technology Acts 1992 to 2006 respectively. Each Governing Body consists of a Director/President, a Chairperson and 17 ordinary (18 in DIT) members.

Chairperson to be nominated by Minister

31st July 2013

Dun Laoghaire Institute of Art Design and Technology (Chair)

The Legislation governing the 13 Institutes of Technology and DIT is the Institutes of Technology Acts 1992 to 2006 and the Dublin Institutes of Technology Acts 1992 to 2006 respectively. Each Governing Body consists of a Director/President, a Chairperson and 17 ordinary (18 in DIT) members.

Chairperson to be nominated by Minister

21st July 2015

An Chomhairle Bhéaloideas Éireann

The Council consists of 10 persons, 6 appointed by the President of UCD and 4 nominated by the Minister for Education and Skills.

4 members of the Council to be nominated by the Minister

1st October 2015

NUI Maynooth

Section 16 of the Universities Act, 1997 provides that a governing authority will comprise between 20 and 40 members including:

- between 1 and 4 Ministerial nominees after consultation with the Chief Officer

2 members to be nominated by Minister

30th October 2015

NUIG

Section 16 of the Universities Act, 1997 provides that a governing authority will comprise between 20 and 40 members including:

- between 1 and 4 Ministerial nominees after consultation with the Chief Officer

3 members to be nominated by Minister

1st February 2016

Appointments to State Boards

Questions (253)

Pat Deering

Question:

253. Deputy Pat Deering asked the Minister for Education and Skills when a decision will be made on an application by a person (details supplied) for a seat on the board of the National Council for Special Education. [20718/16]

View answer

Written answers

The term of office of the National Council for Special Education expired on 31 December 2015.

Council members are appointed under Section 21 of the EPSEN Act, 2004, which provides that the Council will consist of a Chairperson and 12 ordinary members. The Act also prescribes the means by which 7 of the 12 ordinary member appointments should be made.

Section 21 of the Act provides that 7 members of the Council are appointed by the Minister following consultations with relevant stakeholders and the receipt of nominations; 1 member nominated by the Department of Health, 2 members nominated by the National Disability Authority and if the Minister considers it appropriate to do so, to appoint 4 members from relevant stakeholders such as Recognised School Management Organisations, Recognised Trade Unions and Staff Associations representing teachers and National Associations of Parents.

The current process also involved a selection process under the Public Appointments Service (PAS), which was completed in January last.

The outgoing Chairperson, Mr Eamon Stack, was re-appointed on 8th January, having served one term previously.

I am currently considering nominations and I will announce the appointment of the new NCSE Council shortly.

Higher Education Institutions

Questions (254)

Kevin O'Keeffe

Question:

254. Deputy Kevin O'Keeffe asked the Minister for Education and Skills if any public money has been expended directly or indirectly by a university (details supplied); if any financial arrangements for retired staff of the same college are in place; if so, if they are in line with public policy rules on retirement at age 65 years; and if he will make a statement on the matter. [20742/16]

View answer

Written answers

My Department allocates recurrent funding to the Higher Education Authority (HEA) for direct disbursement to the HEA designated higher education institutions, including the university referred to by the Deputy. The HEA allocates this funding to the institutions and the internal disbursement of funding is then a matter for the individual institution. Universities are autonomous bodies as set out in the Universities Act 1997 and are responsible for their own day to day affairs, including the allocation of all of its income (both public and private).

In relation to the Centre referred to by the Deputy, I understand from the HEA, that the university provides funding to the Centre from within its overall budget. In addition, the HEA agreed, under the terms of the Employment Control Framework (ECF), to the re-employment at the Centre of a retired staff member. Section 3(b) of the ECF allows for the re-employment of retired staff in limited exceptional circumstances. In such cases the salaries offered may not exceed 20% of the full-time salary of the post of the individual at the time of their retirement, adjusted to reflect the application of Government pay policy in the period since their date of retirement – including in particular the application of salary adjustments imposed under the Financial Emergency Measures in the Public Interest (No. 2) Act 2009.

School Staff

Questions (255)

Richard Boyd Barrett

Question:

255. Deputy Richard Boyd Barrett asked the Minister for Education and Skills further to Parliamentary Question No. 197 of 14 June 2016, the reason his response and the decision of the board fail to take into consideration the health and safety issues raised by the chairperson of the board in relation to the very small size of the classroom (details supplied); and if he will make a statement on the matter. [20744/16]

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Written answers

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.).

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 staffing circular includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeals Board.

As the Deputy is aware, the school submitted an appeal to the May 2016 meeting of the Primary Staffing Appeals Board. 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.

Student Grant Scheme Administration

Questions (256)

Brendan Griffin

Question:

256. Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied); and if he will make a statement on the matter. [20745/16]

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Written answers

SUSI have introduced a number of measures in 2016 that are intended to make the Student Grant Scheme more efficient for students for the 2016/17 academic year.

One of these measures is the introduction of Eircode as part of the online application form. The use of Eircode will improve processing times for students.

However, the actual calculation of distance from a student's home to college will not be changing from previous years, and SUSI continue to use Google Maps to calculate distance.

There are no plans at this time to adjust the qualifying distance criterion for entitlement to the higher non-adjacent rate of grant

If an individual applicant considers that she/he has been unjustly refused a student grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board.

Teachers' Remuneration

Questions (257)

Noel Grealish

Question:

257. Deputy Noel Grealish asked the Minister for Education and Skills if he will review the issue of incremental credits awarded for teaching service given outside the EU, which under the terms of the Agreed Report 10/2000 is awarded up to a maximum of seven years; and if he will make a statement on the matter. [20747/16]

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Written answers

The criteria for the award of incremental credit to recognised primary and post-primary teachers under Circulars 10/2001, 29/2007 and 29/2010 was agreed under the auspices of the Teachers Conciliation Council. This Council comprises representatives of teachers, school management, the Department of Public Expenditure and Reform, the Department of Education & Skills and is chaired by an official of the Workplace Relations Commission. Therefore the issue of teaching service given outside the EU would need to be considered at the Teachers Conciliation Council, in the first instance.

Schools Health and Safety

Questions (258)

Hildegarde Naughton

Question:

258. Deputy Hildegarde Naughton asked the Minister for Education and Skills if he will publish guidelines with current information regarding good nutrition for children; and if he will make a statement on the matter. [20778/16]

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Written answers

My Department issued guidance to post primary schools, in September 2015, on promoting healthy lifestyles which includes healthy eating policies. Similar guidance was provided to primary schools in January 2016.

Schools and the wider education sector have a vital role to play in contributing to the Government's 'Healthy Ireland' agenda set out in the Framework for Improved Health and Wellbeing 2013-2025. Healthy Ireland was published by the Department of Health in 2013, and is one of the most ambitious programmes we have ever seen focused on improving the health of the nation.

Healthy Ireland contains a number of goals for the education sector. The Department of Education and Skills is a key partner in the delivery of this agenda.

Through their primary and post primary education students are equipped with the key skills and knowledge to enable them to make healthier life choices. Schools' efforts should be complemented by students' families and their community.

I want to see more active flags in schools, more schools growing their own food, and more schools adopting healthy eating policies – I will be continuing to engage with the education stakeholders to find ways of achieving these goals.

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