Written Answers Nos. 57-86
57. Deputy Jack Chambers asked the Minister for Education and Skills if the full allocation of funding has been transferred to Caranua or if a portion remains to be transferred; the amount in total that been and remains to be transferred to Caranua, respectively; and if he will make a statement on the matter. [37900/16]
View answerThe funding arrangements for Caranua, the Residential Institutions Statutory Fund, are set out in the Residential Institutions Statutory Fund Act 2012. The legislation provides that €110 million in contributions from religious congregations will be provided to Caranua to help meet the needs of persons who, as children, were abused in residential institutions. To date some €96.1 million, comprising contributions and associated interest, have been received from congregations and deposited in the special investment account opened by the National Treasury Management Agency (NTMA) in accordance with section 29 of the 2012 Act. It is expected that the remaining congregational contributions will be received by 2018.
58. Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied) with regard to a preschool; and if he will make a statement on the matter. [37798/16]
View answerI wish to advise the Deputy that, in general, school authorities have a considerable degree of autonomy in relation to how their premises are managed and utilised at local level. It should be noted that the vast majority of primary school buildings in the country are in private ownership, including the school referred to by the Deputy.
The Department has a general policy of encouraging the use of school facilities by community and other groups where this is possible. However, any proposal for the use of school facilities must be approved by the Patron/owner. I understand that the Patron/owner has not granted approval for the operation of a preschool on the premises in question.
Proposals to the Minister to allow use of accommodation during the school day have been facilitated in the past, provided that the school's current and future accommodation needs are not compromised and the consent of the patron has been received. I understand that the school has been in contact with the Patron in this regard.
59. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the reason a school (details supplied) in County Kildare has been refused the establishment of an ASD unit; and if he will make a statement on the matter. [37804/16]
View answerThis Government is committed to ensuring that all children with Special Educational Needs, including those with autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.
Almost 14,000 students in schools have been diagnosed with autism. The Department of Education and Skills invests over €300m annually in providing additional resources specifically to support students with autism in schools enabling:
- 63% of students to attend mainstream schools
- 23% to attend special classes in mainstream primary and post-primary schools, and
- 14% to attend special schools.
The Deputy will also be that the National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), in consultation with the relevant education partners, is responsible for the establishment of special classes in various geographical areas as required. Special classes are part of a continuum of educational provision that enables students with more complex special educational needs to be educated, in smaller class groups, within their local mainstream schools.
Special classes offer a supportive learning environment to students with ASD who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day. Special classes for students with ASD are staffed with a lower pupil–teacher ratio of 6:1 at primary level and 6:1.5 at post primary level, and also have Special Needs Assistant support normally amounting to 2 Ss for a class of 6 children.
Enrolment in a special class should only be considered where it has been demonstrated that a student requires the support of a special class because he/she is unable to learn effectively in a mainstream class for most or all of the school day even with appropriate supports.
Students enrolled in special classes should be included in mainstream classes to the greatest extent possible, in line with their abilities.
The NCSE continues to engage with schools in opening special classes where there is an identified need for special class provision.
Progress in developing this network has been significant and in addition to the special school placements there are 1,153 special classes available, which is an increase of over 100% in the number of special classes which were available in 2011, which was 548.
The Education (Admission to Schools) Bill was published on 6th July 2016. The Bill contains a provision which will empower the NCSE to designate a school for a child who has no school place for reasons related to the child’s special educational needs and for the Child and Family Agency to designate a school for a child who has no school place (other than a child with special educational needs).
In line with recommendations from the NCSE in policy advices provided in 2011, it is the policy of the Department to include a Special Needs Unit in the accommodation brief for new school buildings, unless local circumstances indicate that it will not be required. In addition, the Department may also provide capital funding to schools to establish special needs provision e.g. reconfigure existing accommodation to provide a special class where this has been approved or recommended by the NCSE.
The NCSE recently launched guidelines for Boards of Management and Principals of Primary and Post Primary schools which provide information on setting up and organising special classes. These guidelines are available to download from www.ncse.ie .
With regard to County Kildare, the NCSE has advised that there are 942 students with ASD attending schools in the county. Of these 520 students attend mainstream schools and are accessing in-school supports including Resource teaching and S support. 322 students are attending ASD special classes, including early intervention classes. A further 100 students with ASD are placed in special schools.
I understand from the NCSE that the school referred to by the Deputy, has expressed an interest in opening a special class.
The NCSE have informed my Department that they are satisfied that there are sufficient ASD special class placements available in existing classes to meet demand in the area.
I am further advised that the NCSE wrote to the school's management in July 2016 outlining the position regarding special class placements in the area and indicated that the NCSE would contact the school in the future should the position change.
60. Deputy Thomas Byrne asked the Minister for Education and Skills if he will provide special accommodation, as necessary, for exam students with epilepsy or who otherwise suffer periodic seizures; and if he will engage with representative organisations on this matter. [37843/16]
View answerThe State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. The Commission in this regard operates a scheme of Reasonable Accommodations in the Certificate Examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
61. Deputy Éamon Ó Cuív asked the Minister for Education and Skills if an application has been made by a school (details supplied) for extra permanent accommodation; and if he will make a statement on the matter. [37879/16]
View answerMy Department is not aware of an application for additional permanent accommodation from the school referred to by the Deputy.
Recently, however, the school submitted an application for temporary accommodation for a developing teaching post. In that regard further necessary documentation has been requested from the school. Once the necessary documentation is returned the application will be assessed and a decision relayed to the school.
62. Deputy Éamon Ó Cuív asked the Minister for Education and Skills the reason the provisions of the Financial Emergency Measures in the Public Interest Acts are being applied to non-unionised teachers in the designated community college sector when one of the unions holding representative rights for these schools has accepted the Lansdowne Road agreement and therefore it would be equally valid to hold, since they are a recognised trade union holding representative rights for a particular trade or sector, that they would be recognised as representing staff in this school other than staff who are members of the ASTI; and if he will make a statement on the matter. [37880/16]
View answerThe Designated Community College sector is considered as having dual union representation i.e. both ASTI and TUI have representation rights in respect of teachers in such schools. The Community and Comprehensive school sector is also dual-union.
In the case of these schools, those teachers who are members of TUI (which has accepted the Lansdowne Road Agreement) were asked to identify themselves so that the agreement could be applied to them. The provisions of the Financial Emergency Measures in the Public Interest Acts are being applied to all other teachers in those sectors.
As is the norm with public service collective agreements, the Lansdowne Road Agreement was negotiated with trade unions which are recognised as representing staff in the public service (including teachers). It is normal industrial relations practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector. This context does not allow for acceptance or rejection of collective agreements by staff on an individual basis.
There are sound reasons for this approach. The Lansdowne Road Agreement is a collective agreement between the Government and the Public Services Committee of the Irish Congress of Trade Unions. It applies to members of affiliate unions. Allowing for acceptance or rejection of collective agreements by staff on an individual basis would not be consistent with the collective approach taken to public service pay agreements to date. In addition, it could also give rise to issues around the negotiation of change and industrial relations agreements on an individual basis with every public servant. It would also give rise to the converse question of whether individual union members would be allowed to opt out of agreements reached by their union.
Accordingly, there are no proposals at this time to treat teachers separately based on the fact that they are not a member of a trade union.
63. Deputy Niamh Smyth asked the Minister for Education and Skills the status of an acquisition (details supplied); the timeframe for this acquisition; and if he will make a statement on the matter. [37910/16]
View answerI wish to confirm to the Deputy that a proposal has been received by my Department in relation to the matter to which she refers. This submission is currently under consideration and my officials will respond to the proposal in due course.
64. Deputy Mary Butler asked the Minister for Education and Skills further to Parliamentary Question No. 167 of 5 July 2016, the reason the borrowings of NUIG and Maynooth University are classified as outside general government for EUROSTAT purposes in view of the fact that NUIG and Maynooth University each receive 71% of their income from the State and WIT receives 73% of its income from the State. [37920/16]
View answer65. Deputy Mary Butler asked the Minister for Education and Skills the reason Waterford Institute of Technology was instructed by the HEA to cease borrowing in 2012 due to the fact its borrowings are classified as within general government, despite having a history of borrowing independently from 1992 to 2012. [37921/16]
View answer68. Deputy Mary Butler asked the Minister for Education and Skills the reason his Department has not given effect to the borrowing framework contained in the Institutes of Technology Act 2006. [37924/16]
View answerI propose to take Questions Nos. 63 to 65, inclusive, and 68 together.
The Universities Act, 1997 contains a provision for all of the Universities to borrow within a framework agreed with the Higher Education Authority. This framework, which was agreed with the Department of Education and Skills and the now Department of Public Expenditure and Reform, has been in operation for many years. A similar provision to allow Institutes of Technology to borrow is contained in the Institutes of Technology Act, 2006, however this provision has not been commenced.
Universities are classified as outside General Government Balance for Eurostat purposes, while Institutes of Technology are classified as within. This arises primarily from the difference in funding sources in the two sectors, with the university sector raising a greater proportion of income from non-State sources.
My Department is continuing to discuss with the Department of Public Expenditure and Reform the possibility of agreeing a borrowing framework as part of broader deliberations arising from the report of the Expert Group on Future Funding for Higher Education.
The position in relation to Waterford Institute of Technology (WIT) is that while some campus companies associated with WIT undertook borrowing up to 2012, that no longer remains the position since the formal incorporation of those campus companies into WIT.
66. Deputy Mary Butler asked the Minister for Education and Skills the current borrowings of all HEA funded higher education institutions here; the original value and date of the loan; the purpose of the loan; the repayment schedules; the interest rates; the lenders; and the nature of any State guarantee or underwriting of the loan, in tabular form. [37922/16]
View answerThe information requested by the Deputy is not readily available in my Department. Officials of my Department have requested the information from the Higher Education Authority and it will be forwarded to the Deputy as soon as it is available.
67. Deputy Mary Butler asked the Minister for Education and Skills the prioritisation exercise for capital expenditure and the capital project approval process for all HEA funded higher education institutions here. [37923/16]
View answerThe Higher Education Authority, following consultations with my Department, has recently issued a circular letter to all institutions under its remit. This circular has been issued for the purpose of updating and consolidating the information available in relation to priority capital projects in higher education institutions (HEIs). The circular also provides HEIs with the opportunity to identify those projects which they wish to put forward for consideration as part of the forthcoming third level PPP programme.
The responses to this circular will provide the Department with an up to date and comprehensive understanding of the full scale of capital requirements across the sector over the coming years. They will also assist in identifying which projects will be prioritised for both PPP and Exchequer funding, in the event that future funding levels permit.
The process for approving capital projects for funding includes compliance with prioritisation criteria communicated to the HEIs by the Department, as well as capital appraisal and other relevant guidelines.
69. Deputy Catherine Martin asked the Minister for Education and Skills the steps, having regard to the high rates of discrimination which transgender students experience in the education system, his Department is taking to ensure that all schools and third level institutions have an explicit anti-transphobia policy, that all teachers and educational staff receive appropriate training on the way to sensitively engage with transgender students, that all schools and third level institutions respect and reasonably accommodate students’ preferred gender, that all schools and third level institutions actively prevent and investigate transphobic peer abuse and peer violence; and if he will make a statement on the matter. [37927/16]
View answerThe Action Plan on Bullying, which was published in January 2013, sets out my Department’s approach to tackling bullying and promoting an anti-bullying culture in schools. The actions focus on support for schools, teacher training, research and awareness raising and aim to ensure that all forms of bullying, including identity based bullying such as homophobic and transphobic bullying, are addressed.
As part of the implementation of the Plan, new Anti-Bullying Procedures for Primary and Post Primary Schools were published in September 2013. The procedures are designed to give direction and guidance to school authorities and school personnel in preventing and tackling school-based bullying behaviour amongst its pupils. The procedures require that a school’s written anti-bullying policy must explicitly deal with identity-based bullying including, in particular, homophobic and transphobic bullying. Harassment related to any of the nine discriminatory grounds set out in equality legislation, of which gender including transgender is one, is legally prohibited in schools and colleges in Ireland. The Anti-Bullying Procedures require schools to confirm in their anti-bullying policy that the school will, in accordance with its obligations under equality legislation, take all such steps that are reasonably practicable to prevent the sexual harassment of pupils or staff. Such prohibitions apply to all aspects of a school or institution’s life, including class time, sports activities or tours and include anyone who visits the school or college.
A number of anti-bullying initiatives that focus on homophobic and transphobic bullying are also being supported through the Action Plan. For example, “Being LGBT in School” A Resource for Post-Primary Schools to Prevent homophobic and Transphobic Bullying and Support LGBT Students was developed by the Gay and Lesbian Network Equality (GLEN) with the support of my Department. The resource aims to help schools in addressing homophobic and transphobic bullying and supporting lesbian, gay, bisexual and transgender students. It includes a section addressing the specific support needs of students who identify as transgender. In addition, the Department has provided funding and other support for the Stand Up! Against Homophobic and Transphobic bullying campaign, organised by BeLong To.
The Professional Development Service for Teachers (PDST) Wellbeing Team have developed a number of resources in the area of Relationship and Sexuality Education. The resources include guidance for teachers, schools and guidance counsellors on their role in supporting LGBT students. These resources have been developed in conjunction with representative groups and are available at http://sphe.ie/resources.aspx. Support is also available for schools through the HSE. Further details are available at https://www.healthpromotion.ie/health/schools.
In October 2015 my Department hosted a roundtable discussion on transgender children in schools. The roundtable provided an opportunity for the exchange of information and perspectives on the possible impact of the Gender Recognition Act 2015 on schools. Attendance at the event included representatives of the education partners, Government Departments, agencies and NGOs. The discussions were wide-ranging and covered many aspects of school life.
There are also a range of supports and services available to transgender students in universities and institutes of technology. Most higher education institutions (HEIs) have LGBT societies which advocate on behalf of LGBT students and which receive funding directly from the HEI concerned. The students unions of each HEI also have Student Welfare Officers who can provide advice and support to all students, including LGBT students. Many students unions also have dedicated LGBT officers. Similarly, HEIs also have Student Support and Development Services in place which, while providing service to the general student population, can also provide specific supports to transgender students.
70. Deputy Catherine Martin asked the Minister for Education and Skills if the new parent and student charter Bill will include departmental guidelines for schools to address the need to honour a parent's constitutional right for their child to opt out of faith formation during the school day; and if he will make a statement on the matter. [37929/16]
View answerAs the Deputy will be aware the Programme for a Partnership Government provides that the Government will introduce a stronger complaints procedure and charter for parents.
My Department has been working on draft legislation to provide for replacing the current Section 28 of the Education Act, 1998. The overall approach is to shift away from concentrating on reacting to problems only after they have given rise to grievances (the narrow position covered in the existing Section 28). Instead the emphasis is on improving the day-to-day experience students and their parents can expect from schools. This can be done by setting out in law the principles that schools must apply in their engagement with students and parents.
The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies.
I plan to make an announcement shortly on the draft legislation. Pre-legislative scrutiny on the draft legislation will be a matter for the Oireachtas Committee on Education and Skills.
Article 44 of the Constitution and Section 30 of the Education Act 1998, provides that parents have a right to have their children opt out of religion classes if they so wish. The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter for the school concerned.
Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.
The Education (Admission to Schools) Bill 2016, which passed Second Stage on the 17th November 2016, includes a specific requirement that school enrolment policies must include details of the school’s arrangements for any students who do not wish to attend religious instruction.
I believe this is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard.
71. Deputy Brendan Howlin asked the Minister for Education and Skills the status of the planned school building project for a school (details supplied), construction of which was scheduled to commence in 2014 or 2015, in addition to the details of scale and nature of that project; and if he will make a statement on the matter. [37955/16]
View answer73. Deputy Brendan Howlin asked the Minister for Education and Skills the status of the planned school building project for a school (details supplied), construction of which was scheduled to commence in 2014 or 2015, along with details of the scale and nature of that project; and if he will make a statement on the matter. [38069/16]
View answerI propose to take Questions Nos. 71 and 73 together.
The project to which the Deputy refers has reached an advanced stage of architectural planning, Stage 2b, which involves securing the statutory approvals and the preparation of tender documents.
The design team was appointed in March 2011 with a brief to provide the extension and refurbishment work on a phased basis with a partial decant of classrooms on the existing site. The project was included in the five year construction programme 2012-16 and was scheduled therein to commence construction in 2014.
Planning permission was granted in January 2014. Since then the Board of Management and its design team have presented a number of proposals to the Department to change the brief to one which involves a single decant and a single phased delivery during construction. This has led to significant delays in the progression of the project. The most recent decant option, which included the provision of significant levels of new temporary accommodation on site involved an additional cost for the project in the region of €2 million – an increase in the overall cost of the project of around 40%.
The additional €2 million cost for the project arising from the Board of Managements single phase decant and construction proposal raised serious questions as to the viability of the project.
A meeting was convened by my Department recently, to which the Board of Management and their Design Team were invited in order to resolve any outstanding issues in this regard to enable Stage 2b to be finalised.
That meeting was held on the 11th November and agreement was reached in relation to a scaling back of the temporary accommodation costs which should now allow the project to progress to the completion of the design stages.
72. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will support a matter (details supplied) regarding funding; and if he will make a statement on the matter. [37997/16]
View answerThe project referred to by the Deputy provides a valuable role in encouraging empathy in young people. Building empathy is considered to be part of the SPHE curriculum. This project is one of a range of external resources and initiatives that are available to assist schools in implementing various aspects of the Social Personal Health Education (SPHE) curriculum. It is a matter for individual schools to determine which of these resources they choose to access. My Department's advice is that schools in the first instance should implement the Well-Being in Primary Schools Guidelines for Mental Health Promotion effectively. It is the policy of the Department of Education and Skills not to endorse or promote any particular programmes. I wish this worthwhile venture well.
74. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding a spatial strategy; and if he will make a statement on the matter. [37995/16]
View answerThe current National Spatial Strategy (NSS) was published in 2002 and was Ireland's first national strategic spatial planning framework, setting an overarching planning framework. The Strategy remains in force and as a result of the Planning and Development (Amendment) Act 2010, its statutory role and influence has been strengthened by new requirements for local authority and regional plans to align with the NSS. Bearing in mind the elapse of time as well as the changed circumstances and new challenges that have emerged in the planning arena since the NSS was adopted, work is underway on the preparation of a successor to the NSS, the National Planning Framework, for which a roadmap on its preparation is available on my Department’s website at:http://www.housing.gov.ie/sites/default/files/publications/files/towards_a_national_planning_framework_december_2015.pdf.
Consultation is a critical element in the design, transparency and delivery of the National Planning Framework. Successful preliminary consultation with key stakeholders was undertaken in June 2016. A national public consultation strategy is currently being devised to run in early 2017.
The National Planning Framework will act as the strategic planning context for relevant Government policies and investment in housing, water services, transport, communications, energy, health and education infrastructure, as well as the preparation by the three new Regional Assemblies of their new regional spatial and economic strategies, and for planning authorities and An Bord Pleanála. In this context, I am consulting with colleagues in other Departments and agencies in order to inform the National Planning Framework, in recognition of the whole-of-Government approach and the challenges and opportunities that exist to better align place making, investment priorities, employment and environmental strategies.
It is intended that an emerging draft National Planning Framework will be prepared by the first half of 2017 for submission to the Oireachtas for approval. It would be inappropriate at this early stage to comment on the likely content of the Framework, until sufficient preparatory and consultative work has been undertaken.
75. Deputy Brendan Ryan asked the Minister for Housing, Planning, Community and Local Government his views on local authorities ringfencing the funds collected through the sale of local authority houses for the purpose of the provision of maintenance programmes to replace windows and doors and provide or improve heating systems in local authority housing stock; and if he will make a statement on the matter. [37794/16]
View answerFunds collected by local authorities through the sale of local authority houses or other housing-related activities, are normally used by those authorities for maintenance and improvement to their housing stock. This can include replacing windows and doors, improving heating systems and any other appropriate maintenance/improvement activities the local authority deems appropriate.
76. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government if funding for new and refurbished libraries will be withheld for specific projects in which a council decides against the implementation of the staffless libraries initiative. [37803/16]
View answerMy Department has allocated some €22m to the development of library premises as part of the new Libraries Capital Development Programme 2016-2021. Funding has been allocated to projects that range from small refurbishment works to larger scale developments and new-builds.
It is intended that projects funded under the programme will operate the ‘My Open Library’ service when they are completed. However, this will depend on a number of factors including the scale of the development, the suitability of the library branch for the service and the outcome of the extended pilot phase due to commence in 23 libraries from January 2017. Ultimately, the matter will be progressed with the relevant local authorities as part of the capital project approval process.
77. Deputy Jim Daly asked the Minister for Housing, Planning, Community and Local Government if he is satisfied with the timeframe it takes An Bord Pleanála to decide on basic housing application appeals; and if he will make a statement on the matter. [37834/16]
View answerUnder Section 126 of the Planning and Development Act 2000, as amended, An Bord Pleanála has a statutory objective to determine appeals within 18 weeks. Where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (e.g. because of the particular complexities of a case or the requirement to hold an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make its decision.
The compliance rate with the statutory objective period for normal planning appeals stood at 82 % as of end October 2016, and the average time taken was 15.4 weeks.
In addition, in line with Government policy in respect of the provision of housing, all appeals relating to housing developments of over 30 units are prioritised by the Board for decision.
The Report of the Independent Review Group on the operations of An Bord Pleanála, published on 14 March 2016, is a comprehensive document containing over 100 recommendations, including recommendations to change the statutory objective timeframes for the work of the Board.
A high-level implementation group, with representatives from my Department and the Board, has been established to oversee implementation of the Review Group recommendations, some of which may require legislative underpinning. The recommendations in relation to the statutory objective period will be considered in this context.
78. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government if, in view of the provisions of section 15(2) and (3) of the Control of Dogs Act 1986, Wicklow County Council could negate the need to comply with public procurement procedures; and if he will make a statement on the matter. [37987/16]
View answer79. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government the reason, in view of the fact that each local authority is providing the same service, there is such a disparity between the standards and the interpretations of the Control of Dogs Act 1986 in different pounds, and the costs; and if he will make a statement on the matter. [37988/16]
View answerI propose to take Questions Nos. 78 and 79 together.
Under the Control of Dogs Acts, local authorities have responsibility for operating and managing dog control and licensing services in their administrative areas, including the management of dog pounds or shelters and my Department has no involvement in this process.
The procurement of any service in that regard and the cost of operating and managing these pounds is a matter solely for each local authority and is one in which my Department has no role.
Moreover, the enforcement of welfare standards regarding all animals, including the welfare of dogs in pounds and shelters, is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013.
80. Deputy Peter Burke asked the Minister for Housing, Planning, Community and Local Government if he will investigate a breach of a nitrates regulation (details supplied); and if he will make a statement on the matter. [38063/16]
View answerThe European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014, as amended, give legal effect in Ireland to the Nitrates Directive and to our Nitrates Action Programme (NAP). Local authorities, acting under the general supervision of the Environmental Protection Agency (EPA), are the competent authorities for enforcing the Nitrates Regulations; my Department does not have a direct role in this regard.
However, I understand that Longford County Council has looked into the complaint raised and has advised that, following an inspection, it is satisfied that there is no breach of the Nitrates Regulations in this matter.
81. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding titles; and if he will make a statement on the matter. [38066/16]
View answerThe decision to replace town authorities with a new model of municipal governance under the Local Government Reform Act 2014 was designed primarily to strengthen local government within counties and to address widely acknowledged and long-standing weaknesses and anomalies in the previous system, including divided administration between town and county authorities, for example, in relation to matters such as planning, rating and charges.
Municipal districts now cover the entire territory of each county, reflecting European norms, removing outdated boundaries and ending the anomaly of small towns having municipal status and dual representation, while some larger centres and rural areas lacked any sub-county governance. As well as creating a more rational and comprehensive structural arrangement, the new system enables more effective and community-focused decision making and implementation. Under the new arrangements, there is full integration of local authority resources across each county and elimination of duplication both in administrative and electoral terms.
More effective democratic representation and local decision making is provided by the new system in which a wide range of local functions are devolved to the elected members at district level with more strategic matters decided by the plenary county. Unlike the uneven patchwork of separate town councils with outdated boundaries which it replaced, this is a comprehensive sub-county system, with membership in common between district and county levels, rational allocation of functions between levels, and a single administrative and operational structure.
The law relating to alternative titles to Cathaoirleach within the local government system is set out in section 32 of the Local Government Act 2001 (as amended by section 37 of the Local Government Reform Act 2014). There are no proposals for amending legislation to provide for use of the title “Mayor” on the general basis referred to in the Question.
82. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding group water schemes; and if he will make a statement on the matter. [38073/16]
View answerThe Water Services (No. 2) Act 2013 provides for the transfer of water services functions from the 34 water services authorities to Irish Water. Under the legislation, Irish Water now has the powers previously held by local authorities in relation to the takeover of Group Water Schemes. This means that Irish Water may acquire by agreement a waterworks or waste water works, subject generally to not fewer than two thirds of those entitled to dispose of it (typically the members of a group water scheme), giving their consent.
It is open, therefore, to group water schemes to contact Irish Water if they wish to have their schemes considered for take over.
During 2015, my Department established a working group involving key stakeholders in the rural water sector to address the development of the sector within the overall water reform programme to ensure that the programme responds effectively to current and future needs. Local authorities, the Water Services Transition Office, Irish Water, the National Federation of Group Water Schemes and my Department are represented on the working group. One of the tasks of the group is to ensure that there is appropriate integration of the Department's Rural Water Programme and Irish Water's Capital Investment Programme so as to fully support rural development and address any environmental issues that may arise.
The working group is also considering a number of areas where there are potential boundary issues with Irish Water or legacy issues which need to be addressed and new approaches in this area will be informed by a number of demonstration projects or pilot schemes. A number of pilot projects relating to the takeover of group water schemes have been undertaken as pathfinders to identify and standardise the processes and documentation required at each step of the taking in charge process.
The information and experience gained has fed into an overall governance framework which is to be utilised by Irish Water and relevant local authorities on all future schemes to be taken in charge.
In January 2016, my Department wrote to local authorities advising them of a new multi-annual approach to the funding of group water schemes for 2016 and beyond under the Rural Water Programme. This has led to the development of appropriate prioritised lists of schemes for funding which will assist in further evolving the programme of investment. Details of the new multi-annual programme are available on my Department’s website at http://www.housing.gov.ie/water/water-services/rural-water-programme/group-water-schemes-and-rural-water-issues.
83. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a disability allowance application in respect of a person (details supplied); and if he will make a statement on the matter. [37800/16]
View answerI confirm that my department is in receipt of an application for disability allowance from this lady on 10 November 2016. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
84. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a disability allowance application in respect of a person (details supplied). [37801/16]
View answerThis man submitted an application for disability allowance on 25 October 2016.
The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 28 November 2016 and of his rights of review and appeal.
I trust this clarifies the matter for the Deputy.
85. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a disability allowance application in respect of a person (details supplied); and if he will make a statement on the matter. [37811/16]
View answerThis man submitted an application for disability allowance on 24 October 2016.
The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 28 November 2016 and of his rights of review and appeal.
I trust this clarifies the matter for the Deputy.
86. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [37812/16]
View answerThis lady has been awarded disability allowance with effect from 5 October 2016. The first payment will be made by her chosen payment method on 7 December 2016.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).
I trust this clarifies the matter for the Deputy.
