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Wednesday, 20 Jul 2016

Written Answers Nos. 181-196

Residential Institutions Statutory Fund

Questions (181)

Thomas Byrne

Question:

181. Deputy Thomas Byrne asked the Minister for Education and Skills the funds that are still awaited from religious orders in respect of Caranua. [23239/16]

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Written answers

Contributions from congregations are deposited in the special investment account opened by the National Treasury Management Agency (NTMA) in accordance with section 29 of the 2012 Residential Institutions Statutory Fund Act. Some €96.1m comprising contributions and associated interest have been lodged to this account to date. It is expected that the bulk of the €110m in congregational contributions earmarked for Caranua will be received by 2018.

Schools Site Acquisitions

Questions (182)

Michael Ring

Question:

182. Deputy Michael Ring asked the Minister for Education and Skills when payment will be made in respect of the sale of a site (details supplied); if this matter will be progressed; and if he will make a statement on the matter. [23270/16]

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Written answers

As the Deputy may be aware, the building project for the school in question is included in the 6 year programme that was announced last November, and is listed to proceed to tender and construction in 2017.

I can confirm that the acquisition of the property in question is currently at conveyancing stage. Payment of the purchase price will occur upon completion of the acquisition.

I wish to assure the Deputy that my Department is seeking to advance this matter as a priority.

Departmental Titles

Questions (183)

Niamh Smyth

Question:

183. Deputy Niamh Smyth asked the Minister for Education and Skills when or if his Department will utilise section 6(1) of the Ministers and Secretaries (Amendment) Act 1939 to confirm a new title for his Department; and if he will make a statement on the matter. [23346/16]

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Written answers

For the Deputy's information, there are no plans to change the title of my Department.

Special Educational Needs Staff

Questions (184)

Anne Rabbitte

Question:

184. Deputy Anne Rabbitte asked the Minister for Education and Skills the way special educational needs organisers who are neither medical nor educational professionals can adjudicate on the veracity or otherwise of such professionals' recommendations as to the needs of children (details supplied). [23357/16]

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Written answers

Responsibility for deciding on the quantum of educational supports and resources to be allocated to schools to support individual students with special educational needs, rests with the National Council for Special Education, in accordance with my Department's policy.

The consideration of professional reports is an integral part of determining the extent of supports to be provided for pupils with special educational needs.

Whereas health reports provide valuable assistance to education providers in identifying a diagnosis or identifying appropriate interventions, health staff are directed by the HSE not to include recommendations relating to the specific quantum of educational resources in their reports, but should state the outcome of assessments carried out and the range of needs of the child as clearly as possible.

While a medical or relevant professional report can indicate the special educational and care needs that a child may have, the Health professional will not have knowledge or awareness of the current resources available to a school to cater for these needs. Nor will they generally be aware of the layout of the school, or have had an opportunity to observe the child in class or observe their interaction with their teachers and classmates on an ongoing basis.

Special Education Needs Organisers do not adjudicate on the veracity of recommendations as to the needs of children. Where they encounter recommendations relating to the quantum of supports to be provided to schools they will disregard such recommendations. They will rely upon the professional judgment of the diagnosing professional as to the needs of the child and the diagnosis of the child's disability or identified care need.

The NCSE can also consult with other professionals such as my Department's National Educational Psychological Service (NEPS) and will allocate a level of special educational support to a school to ensure that the school has sufficient resources to cater for the significant needs of the relevant children who are enrolled in the school.

Special Educational Needs Staff

Questions (185)

Anne Rabbitte

Question:

185. Deputy Anne Rabbitte asked the Minister for Education and Skills his views on proposals that two special needs assistants, for example, can adequately tend to the acute care needs of six children simultaneously (details supplied). [23360/16]

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Written answers

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

Circular 0030/2014 was introduced following a Value for Money Review of the SNA Scheme, which restates and clarifies the criteria for the allocation of SNA support to schools, for both schools and parents. The review found that the purpose of the scheme and the allocation process was generally not well understood within schools or by parents. It found that the deployment of SNAs in schools had in practice moved away from the objectives originally envisaged, which was to provide for children's care needs, and had moved towards SNA involvement in behavioural, therapeutic, pedagogical/teaching and administrative duties.

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of Special Educational Needs Organisers (SENOs), for allocating a quantum of Special Needs Assistant (SNA) support to schools, in accordance with the criteria set out in Circular 0030/2014.

The NCSE allocates SNAs to schools in order that students who have care needs can access SNA support as and when it is needed. In making allocations to schools, the NCSE will take into account the assessed individual needs of all children with identified needs in the school.

The majority of children who have care needs require attention and assistance at certain times of the school day and require intermittent intervention at particular points. The NCSE will take this into account when making allocations.

All schools were asked to submit applications for SNA support for the 2016/17 school year to the NCSE by 29th February this year. The NCSE continues to accept applications in recognition that enrolments may not have been completed or where assessments were not completed. The NCSE will consider these applications and make further allocations to schools in respect of valid applications which have been received to September.

I recently announced the provision of an additional 860 SNA posts for the coming school year, bringing to 12,900, the total number of SNAs available for allocation to schools, which is an increase of almost 22% in the number of posts available since 2011, which was 10,575 posts.

The NCSE advised all schools of their allocations for SNA support for the coming 2016/17 school year, on 14th June, 2016, based on the number of valid applications received to date.

Details of all of the allocations which have been made to schools for SNA support, on a per county and per school basis, have been published on www.ncse.ie.

It should be noted that SNA support allocated to a school by the NCSE can change from year to year as students who had access to SNA support leave the school, as new students with care needs enrol and as students develop more independent living skills and their care needs diminish over time.

Where a school wishes to appeal the SNA allocation which has been made to them, they may do so through the NCSE appeal process, details of which are set out at www.ncse.ie. The option to invoke the NCSE appeals process is open to the school/parent in question, but to date no appeal has been received by the NCSE.

All schools have the contact details of their local SENO, while Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available the NCSE website.

Special Educational Needs

Questions (186)

Anne Rabbitte

Question:

186. Deputy Anne Rabbitte asked the Minister for Education and Skills his views on where Children First and health and safety legislation implies two adults must hoist, toilet, change and clean a child, as in any clinical setting, yet, the National Council for Special Education reports his Department has no such ruling in place for school teachers or special needs assistants; the reason one adult and one child would be compromised in an educational and special needs setting (details supplied); and if he will make a statement on the matter. [23363/16]

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Written answers

My Department developed 'The Child Protection Procedures for Primary and Post Primary Schools' following consultation with the Education Partners.

The procedures for all schools were based on the "Children First – National Guidance for the Protection and Welfare of Children 2011". Child protection and welfare considerations are relevant to all aspects of school life and Boards of Management must ensure that such considerations are taken into account in all of the school's policies, practices and activities. It should be note that these guidelines do not include provisions that require that manual handling of children necessarily requires the involvement of more than one adult. In addition, my Department is unaware of any legislative provision requiring that more than one adult must be involved in manual handling of children.

The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). The HSA in conjunction with the Kilkenny Education Centre has also issued guidelines to all primary schools in relation to managing safety, health and welfare.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

Circular 0030/2014 was introduced following a Value for Money Review of the SNA Scheme, which restates and clarifies the criteria for the allocation of SNA support to schools, for both schools and parents. The review found that the purpose of the scheme and the allocation process was generally not well understood within schools or by parents. It found that the deployment of SNAs in schools had in practice moved away from the objectives originally envisaged, which was to provide for children's care needs, and had moved towards SNA involvement in behavioural, therapeutic, pedagogical/teaching and administrative duties.

The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of Special Educational Needs Organisers (SENOs), for allocating a quantum of Special Needs Assistant (SNA) support to schools, in accordance with the criteria set out in Circular 0030/2014.

Students who have care needs requirements are therefore granted access to SNA support, whereby a quantum of SNA support is allocated to a school, which is reflective of the assessed individual needs of a group of identified children. Those SNAs will then be in a position to cater for the care needs of those designated pupils, as the need arises, and as they require assistance, with the level of support being provided reflecting actual need at any given time.

The provision of a quantum of SNA support to schools gives schools the autonomy and flexibility to manage their allocation in order to utilise this support to the best possible effect. It allows schools to target support to those pupils who have the greatest degree of need at any given time, recognising that the level of need that a child may have may be variable over time. Schools are in a position to use their educational experience and expertise to manage the level of support which has been allocated to them to provide for the care needs of identified children as and when those needs arise.

The majority of children who have care needs require attention and assistance at certain times of the school day and require intermittent intervention at particular points. There are a relatively small number of children, who for medical or sensory reasons associated with their condition, require full time care support throughout the school day. For such children, access to full day support will be provided for and this will be reflected in the schools' quantum of SNA allocation.

All schools were asked to submit applications for SNA support for the 2016/17 school year to the NCSE by 29th February this year. The NCSE continues to accept applications in recognition that enrolments may not have been completed or where assessments were not completed. The NCSE will consider these applications and make further allocations to schools in respect of valid applications which have been received to September.

I recently announced the provision of an additional 860 SNA posts for the coming school year, bringing to 12,900, the total number of SNAs available for allocation to schools, which is an increase of almost 22% in the number of posts available since 2011, which was 10,575 posts.

The NCSE advised all schools of their allocations for SNA support for the coming 2016/17 school year, on 14th June, 2016, based on the number of valid applications received to date.

Details of all of the allocations which have been made to schools for SNA support, on a per county and per school basis, have been published on www.ncse.ie.

It should be noted that SNA support allocated to a school by the NCSE can change from year to year as students who had access to SNA support leave the school, as new students with care needs enrol and as students develop more independent living skills and their care needs diminish over time.

Where a school wishes to appeal the SNA allocation which has been made to them, they may do so through the NCSE appeal process, details of which are set out at www.ncse.ie. The option to invoke the NCSE appeals process is open to the school/parent in question, but to date no appeal has been received by the NCSE.

All schools have the contact details of their local SENO, while Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available the NCSE website.

Medicinal Products

Questions (187)

Anne Rabbitte

Question:

187. Deputy Anne Rabbitte asked the Minister for Education and Skills his views on whether the administration of medicines by medically untrained teachers and special needs assistants in primary schools is a potentially dangerous situation (details supplied). [23366/16]

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Written answers

Under the provisions of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school.

It is important that the school management authorities would request parents to ensure that the school is made aware of any medical condition suffered by any pupil attending. Where the school is aware of potential difficulties that may arise as a consequence of a medical condition suffered by one or more pupils, it may be possible for the management authorities, working in conjunction with the parents, teachers, staff and children to put preventative measures in place to lessen the possibility of any difficulties arising or to ensure that, if a pupil suffers from an illness requiring medication, that appropriate treatment is available.

The administration of medicines in primary schools is the subject of an agreement between the Irish National Teachers Organisation (INTO) and the organisations representing school management at primary level. While this agreement specifies that no teacher can be required to administer medicine or drugs to pupils, it also sets out procedures that must be followed where a teacher or teachers agree to do so.

The position is that either the parents of the child should make themselves available to administer medication as required or where they wish the staff in the school to administer it they should indemnify the school.

Where a child requires adult assistance to administer medicine and where the extent of assistance required would overly disrupt normal teaching time, SNA support may be allocated for this purpose.

It is a matter for the Board of Management to ensure that SNAs are in a position to effectively meet the care needs of pupil/pupils for whom SNA support has been allocated in the school when appointing an SNA.

Where specific training is required, the Board of Management should liaise with the Health Service Executive (HSE) in order to ensure that the HSE provides guidance and training that enables the SNA to meet the care needs of the pupil in an appropriate manner. It is a matter for individual school authorities to make such arrangements locally.

It is my Department's experience that once the matter has been discussed in detail with the Board of Management and staff of a school, and once all parties are clear as to the procedures to be followed, arrangements can normally be made to administer the type of medicine which may be required.

Mortgage to Rent Scheme Eligibility

Questions (188)

Niall Collins

Question:

188. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the process to be followed by a distressed mortgage holder to be accepted onto the mortgage to rent scheme; if this scheme caters for clients who are undergoing bankruptcy; and if he will make a statement on the matter. [22995/16]

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Written answers

The approved housing body (AHB) Mortgage to Rent (MTR) scheme is a Government initiative offered as a support to householders who find themselves unable to continue with their mortgage commitments. It was developed as part of the implementation of the recommendations of the Keane Report in 2011 and is one part of a concerted effort across the whole of Government to tackle the mortgage arrears crisis.

The Scheme targets the most acute arrears cases where a situation is unsustainable and was never contemplated as a solution for the vast majority of arrears cases. Under this initiative a household with mortgage difficulties moves from being a homeowner to being a social housing tenant. The householder voluntarily surrenders the property to their lender who, in turn, sells the property to an Approved Housing Body (AHB). The AHB becomes the landlord and the household remains in the family home.

The lender is the main point of contact for the borrower and only lenders can put an application forward for the Scheme. The Money Advice and Budgeting Service (MABS) can advise borrowers in mortgage distress how to access the Scheme, but it is up to the lender to offer the borrower access to it. I would urge any borrower who is having difficulty paying their mortgage to contact MABS to better understand the options that are available to them.

While the MTR scheme is the responsibility of my Department, the Housing Agency co-ordinates the day to day operation of it on my Department’s behalf. Information on the MTR process is available on the Housing Agency website: http://www.housing.ie/Housing-Information/Mortgage-to-Rent-Scheme.

I can confirm that if a borrower is involved in bankruptcy proceedings this does not make them ineligible for the MTR Scheme.

The Government’s Rebuilding Ireland Action Plan for Housing and Homelessness, published on 19 July 2016, contains a number of actions that build on recent reforms focused on ensuring that there are a range sustainable long term debt resolution options for borrowers. Included in the Action Plan is a specific commitment to examine how the MTR scheme can be improved to facilitate more households accessing the Scheme. This examination will include alternative financing, purchasing and contractual arrangements, as well options to encourage greater flexibility from lending institutions in supporting MTR.

Social and Affordable Housing Provision

Questions (189)

Niall Collins

Question:

189. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 266 of 21 June 2016, the status of a project (details supplied); and if he will make a statement on the matter. [22918/16]

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Written answers

The site in question, at Glin, County Limerick, was accepted into the Land Aggregation Scheme in 2011. Under that Scheme, the Housing Agency is responsible for engaging with local authorities, and approved housing bodies, regarding the appropriate development of the lands, prior to seeking the necessary approval from the Minister for the Environment, Community and Local Government.

The Housing Agency wrote to my Department requesting the sale of the land to the approved housing body for the proposed development. In order for this proposal to be considered, my Department sought clarification from the Housing Agency on the number of houses to be delivered, the timeframe for delivery, and that the proposal was in line with Limerick County Council’s social housing delivery programme.

These clarifications were received and I expect to receive a submission on the matter in the coming days.

Water Meters Data

Questions (190, 191, 192)

Clare Daly

Question:

190. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 128 of 13 July 2016, if he will provide a detailed breakdown of all the research conducted into the environmental cost of the domestic water metering programme; the persons or body within or without his Department it was conducted by; and if he will provide copies of or links to any papers documenting the results of that research prior to that Programme commencing. [22947/16]

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Clare Daly

Question:

191. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 129 of 13 July 2016, if he will provide a detailed breakdown of all the research conducted into the environmental cost of the domestic water metering programme; the persons or body within or without his Department it was conducted by; if he will provide copies of or links to any papers documenting the results of that research since that programme began. [22948/16]

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Clare Daly

Question:

192. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 130 of 13 July 2016, if he will provide a detailed breakdown of all the research conducted to measure the environmental cost of the domestic water metering programme, including the measurement of the carbon footprint of same against any environmental benefits arising from the programme; the persons or body within or without his Department it was conducted by; and if he will provide copies of or links to any papers documenting the results of that research. [22949/16]

View answer

Written answers

I propose to take Questions Nos. 190 to 192, inclusive, together.

My Department did not conduct research on the environmental cost of the domestic metering programme.

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. This includes the domestic water metering programme.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.

Motor Tax Rates

Questions (193)

Pearse Doherty

Question:

193. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the legal basis for surcharging on those who renew their motor tax on a quarterly or biannual basis; and if he will make a statement on the matter. [22951/16]

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Written answers

Section 1(2)(b) of the Finance (Excise Duties) (Vehicles) Act, 1952 provides a vehicle licence may be taken out for such periods of the year and on payment of such rates of duty as the Minister may by regulation prescribe. The rates for licences of less than a year shall be no less than the proportion that the licence bears to a full year and, in the case of quarterly licences, the duty shall not exceed 30% of the full annual duty.

The current rates are provided for in Article 26 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992, as substituted by Article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2001. The rates are 55.5% of the annual duty in the case of a half-year licence and 28.25% of the annual duty in the case of a quarterly licence, which is less than the threshold provided for in primary legislation.

Waste Disposal Charges

Questions (194)

Dessie Ellis

Question:

194. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the progress of discussions with a company (details supplied) on the change of price plan; his views that for customers to stay on the current plan they have to contact the company, while they automatically transfer to the new pay-by-weight scheme in the aftermath of the pay-by-weight issues and his agreement with the waste management companies; and if he will make a statement on the matter. [22990/16]

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Written answers

In an open market, it is a matter for a waste collector to set charges at the level they consider to be competitive, in compliance with the requirements of environmental and other applicable legislation. However, since the waste industry began releasing its proposed prices under pay-by-weight last month, the Government relayed its concern to the industry regarding the reported escalation of waste bills for customers of certain companies.

On foot of this, I actively engaged with representatives of the waste industry to agree a way forward that results in customers paying no more than they are currently paying for waste collection over the next 12 months. The approach agreed with the industry is by way of a price freeze to end-June 2017. The operation of the price freeze by the industry will be closely monitored by Government and, in the event of evidence of the agreement being breached, legislation will be considered to address the issue. In this regard, my Department has held three meetings with representatives of the waste industry since 1 July 2016 and will continue to liaise with operators as necessary with regard to the consistent implementation of the agreement.

My understanding is that the company in question has contacted all of its customers and requested customers to indicate by phone, email, through using a form on their website or using a return form by post, whether they wish to retain their current price plan arrangements. While I have signalled that this approach is out of step with the arrangements made by other collectors in the industry, I am informed that a large number of customers have already been in contact with the company to indicate that they wish to retain their current price plan arrangements.

In terms of fees, my understanding is that the company in question is crediting customer accounts for fees pre-paid for the period after 1 July 2016, while at the same time requesting customers to enter a new annual contract from 1 August 2016.

Local Authority Housing Data

Questions (195)

Jan O'Sullivan

Question:

195. Deputy Jan O'Sullivan asked the Minister for the Environment, Community and Local Government the number of void local authority units that have been brought back into use as a result of funding schemes from his Department for this specific purpose in each of the years 2013 to 2016; the system of monitoring in place to ensure that each local authority uses the scheme effectively to address the shortage of housing; and if he will make a statement on the matter. [22991/16]

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Written answers

The current programme to support local authorities to return vacant social housing units to productive use commenced in 2014 and in that year and in 2015, my Department provided €60 million to support local authorities in returning over 5,000 vacant units to productive use. The programme for 2016 will see in excess of €24 million being provided for the remediation of a further 1,500 units.

My Department has recently implemented a new Exchequer funding programme alongside this programme to support local authorities in remediating more seriously derelict social houses; €8.5 million allocated under this programme will see approximately 170 units retrofitted and returned to productive use.

Submissions received from local authorities under these programmes are assessed by my Department. Funding is provided on the basis that the units are occupied immediately following works, with priority given to homeless families to the fullest extent possible and on the basis that no previous public funding has been provided in recent years for similar works on the units. It is also a requirement that photographic evidence (before/after) and post works BER data is provided.

Funding provided by my Department under the programmes to tackle vacant and derelict social housing units is on top of normal pre-letting works undertaken by local authorities. Many other vacated social units are repaired as part of the normal maintenance work that local authorities carry out continuously on their housing stock funded from their own resources.

The strong level of funding provided by my Department and the work undertaken by local authorities in tackling the backlog of vacant units that had accumulated has resulted in a reduced rate (1-2%) of vacancy reported by some local authorities.

Local Authority Housing Data

Questions (196)

Eoin Ó Broin

Question:

196. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government the number of Part V units that have been acquired by each local authority in each of the years 2014 to 2016 to date; the average price of these units broken down by county, unit size and development size in three categories: developments of 50 units or fewer, developments of more than 50 units but fewer than 100 units and developments of more than 100 units; the number of Part V units across the State for each year; and the average cost to the State of these units for each year. [23015/16]

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Written answers

The table available at the link below sets out the number of units acquired by local authorities in 2014, under Part V of the Planning and Development Act 2000, based on returns made to my Department. The 2015 data are being finalised and will be placed on my Department’s website shortly, while information in relation to 2016 will be available next year. http://www.environ.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics.

My Department provided funding of € 3,519,069 in respect of Part V acquisitions for social housing purposes in the period 2014 to end-June 2016 for 39 units of accommodation. The average cost of providing these units was some €90,000, with the unit sizes being mainly 1 and 2 bed units. Information relating to development sizes in each instance is not readily available in my Department.

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