Written Answers Nos. 74-83
74. Deputy Joan Burton asked the Minister for Education and Skills the measures he plans in order to deal with concerns regarding third level student support and funding challenges for third level institutions. [34871/16]
View answerMy Department is investing in a significant programme of student supports in the 2016/17 academic year in order to assist students from under-represented groups to participate in and complete higher education.
In total, my Department will provide more than €408million on student supports in 2016.
This encompasses the student grant scheme which will assist circa 80,000 students in 2016/17. The grant scheme is complemented by the Student Assistance Fund and the Fund for Students with Disabilities, as well as a programme of scholarships and bursaries.
The Report of the Expert Group on Future Funding for Higher Education, published in July, clearly outlines the funding challenges facing the higher education sector. The report also makes a number of recommendations for consideration for the future. As committed to in the Programme for Government, I have referred the report of the expert group to the relevant Oireachtas Committee for its consideration, in order to build political consensus on the most appropriate future funding model for the higher education sector.
While the Cassells report deals with the medium and long term funding needs of higher education we also have to consider the immediate challenges. In that context, I am pleased to have secured additional funding for the sector, in Budget 2017, for the first time in nine years. In 2017, an additional €36.5m will be made available as part of a €160m three year funding package. This will allow the sector keep pace with demographic increases and introduce targeted initiatives in areas such as disadvantage, skills, research and flexible learning. Among those who will benefit from the additional third level funding being made available are students from disadvantaged backgrounds, lone parents, and Travellers.
It is also intended to carry out a policy review in order to implement a sustainable and predictable multi-annual funding model for higher and further education and training involving increased Employer and Exchequer contributions from 2018. This review will be in line with the policy framework set out in the National Skills Strategy and will complement the ongoing work by the Oireachtas Committee in relation to the Cassells report.
75. Deputy Thomas Byrne asked the Minister for Education and Skills the status of his Department's investment programme to improve information technology in schools; and if his Department has any proposals to improve routine maintenance of information technology in schools. [35024/16]
View answerThe new Digital Strategy for Schools 2015-2020 (Enhancing Teaching, Learning and Assessment), launched in October 2015, sets out a clear vision for the role of ICT in teaching, learning and assessment in primary and post primary schools. The Strategy is focussed on realising the potential of digital technologies to transform the learning experiences of students by helping them become engaged thinkers, active learners, knowledge constructors and global citizens who participate fully in society and the economy.
Implementation of the Strategy is now underway. Planning, oversight and consultative structures have been established. The Strategy recognises that schools require public investment in their ICT equipment and infrastructure and accordingly a fund of €210m to support the implementation of this Strategy is available beginning with an investment of €30m in the next school year (2016/2017) rising to €50m a year towards the end of the Strategy.
The Strategy provides for investment in teacher training, development of digital content and resources for teaching and the provision of information and guidance to schools. Improving the quality of connectivity at primary level is also a key objective of the strategy.
The funding needs of the Strategy will be considered in the annual budgetary process.
76. Deputy Joan Burton asked the Taoiseach when the Cabinet Committee on Brexit last met; and the status of its work. [34892/16]
View answerThe Cabinet Committee on Brexit has met three times to date, on 8 September, on 19 October and on 7 November, for in depth discussion of the issues arising from the UK decision to leave the European Union.
The Committee will oversee the overall Government response, including both the economic impact and the negotiations at EU level and with the administrations in London and Belfast. The Cabinet Committee will continue to meet on a regular basis to deal with Brexit related issues. Brexit has been a matter of regular and detailed consideration by Government for some time, both in advance of the UK EU Referendum and since.
77. Deputy Gerry Adams asked the Taoiseach if he will open up negotiations with the British Government on Brexit prior to Article 50 being triggered. [35217/16]
View answerArticle 50 will frame the negotiations on arrangements for the UK’s eventual withdrawal from the EU. We know from PM May that she intends to formally trigger Article 50 no later than the end of March next year. No negotiations will take place until Article 50 has been explicitly triggered.
There is, however, ongoing close political and official engagement, including with the British Government, Northern Ireland and the EU Member States and institutions.
Engagement with the UK has been through existing frameworks and institutions, such as the Joint Work Programme, which I signed with then-Prime Minister Cameron in 2012. Prime Minister May and I reaffirmed our Governments’ commitment to this co-operation when we met in July. On 6th October, our most Senior Civil Servants held their 5th Annual meeting on the Joint Work Programme. This served as a valuable vehicle for discussion and exploration of Brexit implications, impacts and options, in addition to providing for consideration of deeper co-operation in areas not affected by the UK vote to leave the EU. There was helpful engagement on the priority issues for the Irish Government, such as on Northern Ireland, the Common Travel Area and Trade.
We will continue to use existing channels of communication, including summit meetings between the UK Prime Minister and myself to ensure that our interests are protected, though in many cases they will have to be managed through EU-UK frameworks.
The structures established under the Good Friday Agreement for managing relations on these islands, including the North South Ministerial Council and the British Irish Council can play an important role in shaping the Brexit negotiations, and my Government will do all it can to ensure this. In the context of the North South Ministerial Council, the political parties represented in the Northern Ireland Executive have an important responsibility to work together to define, as closely as possible, a shared objective regarding the consequences of Brexit and how best to respond to them, including through discussion with the Irish and British Governments and feeding into the formal negotiation process.
78. Deputy Gerry Adams asked the Taoiseach when the next Cabinet committee on infrastructure, environment and climate action will take place. [35218/16]
View answerThe Cabinet Committee on Infrastructure, Environment and Climate Action will meet again on 12th December.
As outlined in my response to the House on 25 October, this Cabinet Committee plays a central role in ensuring a whole of Government approach to addressing climate change and the development of critical infrastructure.
79. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the rights of access a person has to original audio recordings that contain their personal data, as opposed to transcripts; and the recourse available to persons in cases where they believe transcripts of audio recordings provided by a data controller are incomplete if that data controller refuses to provide them with the original audio recordings. [35276/16]
View answerThe position is that Article 12 (Right of access) of the 1995 Data Protection Directive requires Member States to ensure that every data subject has the right to obtain from the data controller the communication to him or her of personal data undergoing processing in an intelligible form. The same Article provides that the data subject has the right to obtain the rectification, erasure or blocking of personal data where the processing does not comply with the requirements of the Directive, in particular because of the incomplete or inaccurate nature of the personal data concerned.
The access provisions have been transposed into domestic law in section 4 (Right of access) of the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003. It provides that an individual shall have the information constituting any personal data of which he or she is the data subject communicated to him or her in an intelligible form. The right to rectification, erasure or blocking of personal data is set out in section 6.
Responsibility for oversight and enforcement of data protection law is a matter for the Data Protection Commissioner who is independent in the exercise of his or her functions and powers under the 1988 Act. Any complaints in relation to data protection law should, therefore, be submitted to the Commissioner for investigation and any necessary action.
80. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [35355/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was received in the Irish Visa Office in New Delhi on 28 October, 2016. The applicant has since been asked to supply additional documentation to support the application. A decision will be made on receipt of this documentation.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to the New Delhi Visa Office (newdelhivisaoffice@dfa.ie).
81. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position regarding the registration of rights of way under the Land and Conveyancing Act 2009; when these will be registered with the Property Registration Authority; and if she will make a statement on the matter. [35424/16]
View answerI can inform the Deputy that Section 35 of the Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for registration of easements (such as right of way) and profit á prendre acquired by prescription (long use) to be made directly to the Property Registration Authority under Section 49 (A) of the Registration of Title Act 1964, as an alternative mechanism to a court application, for uncontested claims. Alternatively an application can be made to court under Section 35 of the Land and Conveyancing Law Reform Act 2009 and the court can make an order which can be registered in the Land Registry or Registry of Deeds as appropriate.
Rule 46 of the Land Registration Rules 2012, as amended by the Land Registration Rules 2013, provides that an application under Section 49A may be made in Form 68 of the said Rules.
These are complex applications that require a full case to be made out by the applicant for the right to be registered in his/her favour. Certain proofs are required and notices must be served on all interested parties. The PRA’s practice in relation to such an application and in relation to the mapping of same is set out in its practice direction’s “Easements and Profits à Prendre Acquired by Prescription under Section 49A” and “Mapping Practice” available on the PRA website www.prai.ie.
A total of 1,014 applications for registration of rights of way/profits á prendre are currently on hand in the Property Registration Authority. I understand that the Authority has recently reorganised how all such cases are handled, with the aim of streamlining the process and generating efficiencies. In addition, I am advised by the PRA that specific cases are sometimes expedited on request from the applicant, generally in anticipation of a sale.
82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if stamp 4 will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [35248/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of the person in question entering or residing in the State.
It is noted that the applicant's daughter was naturalized as an Irish citizen in May 2013, having been granted refugee status in the State in November 2000. As set out above, however, there is no record of the person concerned having made an application to enter or to reside in the State. Moreover, the Residence Division of INIS does not currently have any application for the person before them.
It appears that the person concerned entered the State without permission and has remained in the State without permission. They should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
83. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her plans to refurbish Swords District Court; and if she will make a statement on the matter. [35256/16]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that works to repair damage to the ceiling in Swords courthouse were carried out in 2014. The Courts Service have advised that there are no plans at present to carry out any further works or refurbishment, as scope for refurbishing the courthouse to provide the range of services expected in a modern courthouse building is very limited due to space constraints and the conservation status of the building.
