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Tuesday, 24 Jan 2017

Written Answers Nos. 140-160

Banking Sector Remuneration

Questions (140, 141)

Pearse Doherty

Question:

140. Deputy Pearse Doherty asked the Minister for Finance if he will report on recent meetings he held with a bank (details supplied) regarding remuneration at that bank or any other meetings with other banks at which this issue was discussed; and if he will make a statement on the matter. [2643/17]

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Pearse Doherty

Question:

141. Deputy Pearse Doherty asked the Minister for Finance his views on the maintenance of a salary cap at the State-backed banks; and if he will make a statement on the matter. [2644/17]

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Written answers

I propose to take Questions Nos. 140 and 141 together.

I can confirm that as part of ongoing engagement with the banks in which the State has a shareholding, I met the chairman of the bank referred to by the Deputy. At that meeting, a broad range of topics was discussed one of which was the current remuneration restrictions which apply to the banks which the State had to rescue and the potential impact of these restrictions on recruitment and retention. I should highlight for the Deputy that there are no plans to deviate from current Government policy.

I can also confirm that I recently met senior representatives of the other banks in which the State has a shareholding as part of the same round of meetings at which again a broad range of topics was discussed. Remuneration was not on the agenda for these meetings.     

Tax Agreements

Questions (142)

David Cullinane

Question:

142. Deputy David Cullinane asked the Minister for Finance the contact that took place between his Department and the Federal Republic of Brazil regarding Ireland's inclusion on Brazil's taxation blacklist, in view of the fact that there is no record of any correspondence between his Department and Brazil between 1 August 2016 and 8 January 2017; and if he will make a statement on the matter. [2652/17]

View answer

Written answers

Ireland's interaction with Brazil on this important issue is being led by the Irish Ambassador to Brazil. All correspondence with the Brazilian Federal Revenue Service on this issue has to date been through the Ambassador and the Department of Foreign Affairs and Trade. My officials and officials from the Revenue Commissioners continue to be actively engaged in supporting the Ambassador in our efforts to seek Ireland's removal from the Brazilian list. This includes arranging a delegation of officials meeting with their Brazilian counterparts to attempt to address any concerns the Brazilian side have.

Fiscal Policy

Questions (143)

Pearse Doherty

Question:

143. Deputy Pearse Doherty asked the Minister for Finance the potential impact of items (details supplied) on the fiscal space for 2018, 2019 and 2020; if he will be issuing revised Exchequer targets for 2017 in line with the 2016 Exchequer out-turn; and if he will make a statement on the matter. [2812/17]

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Written answers

As the Deputy will appreciate, it is a long standing practice of the Department of Finance not to revise the Budget day fiscal forecasts, based on the end year outturn. However, the Exchequer tax revenue performance will continue to be monitored closely in the coming months, along with all other components of the Exchequer. These performances will be reviewed as part of the next official fiscal forecasts, which will be set out in the Stability Programme Update (SPU) 2017, due to be published in April 2017. 

The fiscal space is calculated in line with the trend potential growth rate of GDP less a convergence margin that applies as Ireland is not yet at its medium term budgetary objective (MTO) under the balanced budget rule. It should be noted that changes in revenue levels are not relevant to the calculation of fiscal space unless it arises from a discretionary policy decision. Additional revenue arising from discretionary measures increases the overall fiscal space while the converse in relation to revenue reductions also applies. As such the 2016 tax revenue is not expected to have any material impact on the fiscal space available for 2018 and subsequent years.

As the Deputy will be aware, the medium term fiscal space projections set out in Budget 2017 are not final as they are based on projections for the GDP deflators, reference rates, convergence margins and general government expenditure outturns for each of the relevant years. The actual GDP deflators, reference rates and convergence margins values used to assess compliance with the rules each year will be set by the European Commission using their estimates compiled in their Spring and Autumn forecasts. The general government expenditure values used to evaluate adherence to the rules will be the final Central Statistics Office (CSO) estimates from the National Income and Expenditure (NIE) and Government Finance Statistics (GFS). Revised projections of fiscal space for the medium-term will be published by my Department in the SPU and / or the Spring Economic Statement.

Tax Code

Questions (144)

Jack Chambers

Question:

144. Deputy Jack Chambers asked the Minister for Finance the changes to be made to capital acquisitions tax in respect of children in single child families (details supplied); and if he will make a statement on the matter. [2882/17]

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Written answers

I note the amendment to the question asked, but the answer I provided to Parliamentary Question No. 258 on the 17th of this month remains valid. There is no special Capital Acquisitions Tax (CAT) provision for single child families and the same general rules apply for single or multiple child families. Every child can avail of the Group A threshold, so, currently where there is only one child or many children, each child can be gifted and/or inherit up to €310,000 from his or her parents in the course of his/her lifetime without incurring CAT. As I stated in my reply to Parliamentary Question  41804/16, CAT is the overall title for both Gift and Inheritance Tax. The tax is charged on the amount gifted to, or inherited by, the beneficiary of the gift or inheritance.

For the purposes of CAT, the relationship between the person who provides the gift or inheritance (i.e. the disponer) and the person who receives the gift or inheritance (i.e. the beneficiary), determines the life-time tax-free threshold known as the "Group threshold" below which gift or inheritance tax does not arise. Where a person receives gifts or inheritances in excess of their relevant tax free threshold, CAT at a rate of 33% applies on the excess over the tax free threshold.

There are, in all, three separate Group thresholds based on the relationship of the beneficiary to the disponer. Each of these was raised in the recent budget, Budget 2017.

Group A: tax free threshold €310,000 (formerly €280,000) applies where the beneficiary is a child (including adopted child, stepchild and certain foster children) or minor child of a deceased child of the disponer. Parents also fall within this threshold where they take an inheritance of an absolute interest from a child.

Group B: tax free threshold €32,500 (formerly €30,150) applies where the beneficiary is a brother, sister, a nephew, a niece or lineal ancestor or lineal descendant of the disponer.

Group C: tax free threshold €16,250 (formerly €15,075) applies in all other cases.

In 2015 the Group A CAT threshold, applying to transfers from parents to their children, was €225,000. I raised it to €280,000 in Budget 2016 and further increased it to €310,000 in budget 2017. This represents an increase of about 38% in two years. Options for future changes to CAT will be considered in the context of upcoming budget processes. 

Departmental Staff Data

Questions (145, 146)

Dara Calleary

Question:

145. Deputy Dara Calleary asked the Minister for Finance the number of Secretaries General in his Department; the annual pay of each Secretary General within his Department at 1 January 2017; the expected change in that pay as a consequence of the provisions of the Lansdowne Road agreement; and if he will make a statement on the matter. [2908/17]

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Dara Calleary

Question:

146. Deputy Dara Calleary asked the Minister for Finance the number of assistant secretaries general in his Department; the annual pay of each assistant secretary general within his Department at 1 January 2017; the expected change in that pay as a consequence of the provisions of the Lansdowne Road agreement; and if he will make a statement on the matter. [2924/17]

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Written answers

I propose to take Questions Nos. 145 and 146 together.

I have 1 Secretary General, 1 Second Secretary General and 5 Assistant Secretaries General in my Department at present. The annual pay for each at 1 Jan 2017 is contained in the following table.

Post

Annual Pay

Secretary General x 1

€185,350.00

Second Secretary General x 1

€175,126.00

Assistant Secretary x 1

€136,496.00

Assistant Secretary x 1

€131,385.00

Assistant Secretary x 1

€130,706.00

Assistant Secretary X 2

€119,572.00

Under the provisions of the Financial Emergency Measures in the Public Interest Act 2015 (FEMPI Act 2015), for those on salaries in excess of €110,000 the salary reductions imposed under the FEMPI Act 2013 will be restored in three equal phases on 1 April 2017, 1 April 2018 and 1 April 2019. A circular setting out the revised salary rates applicable from 1 April 2017 to general Civil Service grades, including Secretaries General and Assistant Secretaries General, is currently in preparation and will be issued by the Department of Public Expenditure and Reform in due course.

Credit Availability

Questions (147)

Róisín Shortall

Question:

147. Deputy Róisín Shortall asked the Minister for Finance the steps he is taking to reduce financing costs for the construction industry; and if he will make a statement on the matter. [2956/17]

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Written answers

As the Deputy is aware, small and medium sized businesses, including those in the construction sector, play a central role in the sustainable recovery of the Irish economy. Government policy is focused on ensuring that all viable SMEs have access to an appropriate supply of credit from a diverse range of bank and non-bank sources.

The Deputy will also be aware that in my role as Minister for Finance I have no direct function in the relationship between the banks and their customers. I have no statutory function in relation to the banking decisions made by individual lending institutions at any particular time and these are taken by the board and management of the relevant institution. This includes decisions in relation to products as determined by the banks.

All viable businesses operating in Ireland should have the opportunity to access sufficient finance to meet their enterprise needs in a manner that supports growth and employment in the economy. As the Deputy will be aware, Chapter 7 (Finance for Growth) of the Action Plan for Jobs 2016 (APJ) set out a range of commitments to ensure viable SME's can access appropriate finance at a reasonable cost from both bank and non-bank sources. Finance for Growth will again feature in the Action Plan for Jobs 2017 and a number of actions have been proposed by my Department for inclusion in relation to this.

In line with Action 144 of the APJ 2016, officials from my Department collated and examined data from AIB and Bank of Ireland on a monthly basis, including data pertaining to the various sectors. Furthermore, my officials meet the banks on a quarterly basis to ensure an informed understanding of the wider SME bank lending environment which assists the development and implementation of policies aimed at ensuring SME access to finance and increased competition in the SME lending sector.   

It should be noted that the results of the most recent Department of Finance SME Credit Demand Survey, covering the period April to September 2016, show that when pending applications are excluded, 84% of credit applications to banks were approved or partially approved. Demand for credit remains subdued and the latest survey shows only 39% of SMEs in the construction sector requested bank finance in the previous six months a decrease of 9% from September 2015. Furthermore, the main reason for not applying for bank finance is that SMEs do not need it (86%).  Only 1% of respondents stated the reason for not applying for bank finance was because it was too expensive to borrow. Further results from the survey can be found at www.finance.gov.ie.

The Government remains committed to the SME sector, as reflected in the Programme for a Partnership Government, and sees it as a key engine of ongoing economic growth. Consequently, my Department and the Credit Review Office, working with the other relevant Departments and Agencies, will continue to monitor the availability of both bank and non-bank credit on both a macro and sectoral basis in order to ensure sufficient access to finance is available to facilitate indigenous viable SMEs, including those in the construction sector, to reach their full potential in terms of growth and employment generation.

Separately, the Deputy may also wish to note that the Ireland Strategic Investment Fund (ISIF) has been actively involved in a number of important initiatives which enhance the availability of finance to the construction sector in line with the terms of the Fund's mandate. This includes its investments in:

- Activate Capital - which is an innovative non-bank financing platform that has the potential to provide funding for substantial numbers of new homes in Dublin and the other major urban centres in which demand is most pronounced;

- Ardstone Residential Partnership - which is a residential equity investment fund that is focused on delivering residential units to the market over the short-to medium-term; and

- Wilbur Ross Cardinal Commercial Real Estate Mezzanine Debt Fund - which has funded a number of residential developments in recent months.

Strategic Banking Corporation of Ireland

Questions (148)

Jackie Cahill

Question:

148. Deputy Jackie Cahill asked the Minister for Finance the reason the Strategic Banking Corporation of Ireland will not accept an animal herd as collateral from a farmer for a business loan; and if he will make a statement on the matter. [2968/17]

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Written answers

The Strategic Banking Corporation of Ireland (SBCI) began lending in March 2015 and its purpose is to increase the availability of low cost, flexible funding to SMEs. The SBCI does not lend directly to SMEs; rather it makes funding available to SMEs through both bank and specialist, non-bank finance providers, known as on-lenders. At present, the SBCI has eight on-lending partners.

SBCI Business loans are made available to farmers through its bank on-lenders under the Agricultural Investment Loan Scheme (AILS). All loan applications are subject to the relevant on-lender's normal lending criteria and credit decisions are solely the responsibility of the individual on-lender and not the SBCI. It is a matter for the on-lender to determine what represents sufficient collateral for a loan in the case of each loan application.

Tax Code

Questions (149)

Eugene Murphy

Question:

149. Deputy Eugene Murphy asked the Minister for Finance if the home carers tax credit applies to couples or persons that care for a loved one and do not qualify for the carer's allowance or are not in receipt of any other State benefit; and if he will make a statement on the matter. [3109/17]

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Written answers

The Home Carer Tax Credit may be claimed by married couples and couples in a civil partnership who are jointly assessed for tax purposes and where one spouse or civil partner provides care for a dependent person. A dependent person for the purposes of the Home Carer Tax Credit includes a child in respect of whom the claimant is in receipt of child benefit, a person aged 65 or over, or a person who is permanently incapacitated by reason of physical or mental disability, but does not include the spouse or civil partner of the claimant.

The home carer does not have to be in receipt of the Carer's Allowance payable by the Department of Social Protection in order to qualify for the Home Carer Tax Credit.

The home carer may have income in his or her own right up to €7,200 and still qualify for the full Home Carer Tax Credit. If the income of the home carer is between €7,200 and €9,400 the claimant may still qualify for a portion of the tax credit. The Deputy may wish to note that the Carer's Allowance is not regarded as income for the purposes of qualifying for the Home Carer Tax Credit. 

Banking Sector

Questions (150)

Pearse Doherty

Question:

150. Deputy Pearse Doherty asked the Minister for Finance his views on the levels of competition in the retail banking sector here, the benefits it confers on customers and the creation and sustainment of good careers; his further views on the possible withdrawal of a bank (details supplied) from the market; the engagement his Department has had with this bank regarding its presence in the market here; and if he will make a statement on the matter. [3152/17]

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Written answers

I am aware that an announcement will be made by the bank concerned next month in relation to its future plans in Ireland and I do appreciate that this is a cause of concern, particularly for customers and employees of the bank in question. However, this is ultimately a commercial decision for the management team and board of the bank, having due regard to their customers. This Government has put the right infrastructure in place to encourage the inflow of financial services firms through its IFS 2020 Strategy and the fact that all key economic indicators point to continued solid economic growth in Ireland should assist in this regard.

At his recent appearance before the Oireachtas Committee on Finance, Public Expenditure and Reform and Taoiseach, the Governor of the Central Bank said they were starting to see some signs of increased competition between banks and a strong desire from the banks to start to grow their loan books. Broadly speaking, I welcome these developments which should benefit consumers of financial products by offering more choices and better pricing. 

Disabled Drivers and Passengers Scheme

Questions (151)

Gerry Adams

Question:

151. Deputy Gerry Adams asked the Minister for Finance if the disabled drivers and passengers scheme is only applicable to specially modified vehicles or if certain elements of the scheme, for example, VRT exemption, fuel grant and toll road exemption, may be applied for in circumstances in which the applicant holds a primary medical certificate but does not have a modified vehicle. [3154/17]

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Written answers

I am informed by Revenue that the provisions of the Disabled Driver and Disabled Passengers (Tax Concessions) Regulations 1994 (as amended) applies only to vehicles that have been specially constructed or adapted for use by a person with disabilities.

To qualify for the Scheme a person must have a primary medical certificate and the vehicle involved must be specially constructed or adapted to take account of that person's disablement. Once Revenue is satisfied that these criteria are met, the vehicle can then enter the Scheme and qualify for other benefits such as the fuel grant. Toll road exemptions are dealt with by the Department of Transport, Tourism and Sport.

Detailed information in respect of the Scheme is at the following link http://www.revenue.ie/en/tax/vrt/reliefs-exemptions.html#section4-10

Primary Medical Certificates

Questions (152)

Brendan Smith

Question:

152. Deputy Brendan Smith asked the Minister for Finance his plans to improve the criteria pertaining to the primary medical certificate; if his attention has been drawn to the fact that a large percentage of applications do not meet the criteria even though the applicants have serious health ailments and need modified vehicles; and if he will make a statement on the matter. [3182/17]

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Written answers

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.

To qualify for the Scheme, an applicant must have a permanent and severe physical disability within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations (S.I. 353 of 1994) and satisfy one of the six qualifying criteria outlined in the Regulations. The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Regulations. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. After six months a citizen can reapply if there is a deterioration in their condition.

To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Scheme represents a significant tax expenditure. Between the Vehicle Registration Tax and VAT foregone, and the repayment of excise on fuel used by members of the Scheme, the Scheme represented a cost of €50.3 million to the Exchequer in 2015, an increase from €48.6 million in 2014. These figures do not include the revenue foregone to the Local Government Fund in the respect of the relief from Motor Tax provided to members of the Scheme. 

I recognise the important role that the Scheme plays in expanding the mobility of citizens with disabilities. I have managed to maintain the relief at current levels throughout the crisis despite the requirement for significant fiscal consolidation. From time to time I receive representations from individuals who feel they would benefit from the Scheme but do not qualify under the six criteria. While I have sympathy for these cases, given the scope and scale of the Scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Legislative Programme

Questions (153)

Pearse Doherty

Question:

153. Deputy Pearse Doherty asked the Minister for Finance the purpose of each item of legislation listed in the legislative programme for his Department. [3188/17]

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Written answers

The following table sets out the purpose of each piece of legislation under my Department which is listed on the Government Legislation Programme for the Spring/Summer Session 2017.

Title

Purpose

Financial Services and Pensions Ombudsman Bill

The purpose of the legislation is to amalgamate the Financial Services Ombudsman and the Pensions Ombudsman. The proposed Bill will amend, update and restate the existing legislation to form one office dealing with pensions and financial services complaints.  

Asian Infrastructure Investment Bank Bill

The purpose of the legislation is to allow for Ireland's potential membership of the Asian Infrastructure Investment Bank (AIIB).

Title

Purpose

Taxation and Certain Other Matters (International Mutual Assistance) Bill

The purpose of the legislation is to transpose elements of the OECD Mutual Convention on Administrative Assistance and the EU/Switzerland Anti-Fraud Agreement. Both of these international agreements have been signed up by Ireland and related primarily to mutual assistance and exchange of information between countries. Some of the provisions of the agreements have been transposed into Irish law already and this Bill would complete the transposition of both these agreements.

Asian Infrastructure Investment Bank Bill

The purpose of the legislation is to allow for Ireland's potential membership of the Asian Infrastructure Investment Bank (AIIB).

Investment Limited Partnership (Amendment) Bill

The purpose of the legislation is to amend certain existing collective investment scheme legislation - the Investment Limited Partnership Act 1994 and the Limited Partnership Act 1907. The proposals are consistent with IFS 2020 and are intended to promote the establishment of new private equity and venture capital funds in Ireland. It is also intended to make certain technical amendments to the Irish Collective Asset-Management Vehicles Act 2015.

Title

Purpose

Insurance (Amendment) Bill 2017

The purpose of the legislation is to implement the Report of the Review of the Framework for Motor Insurance Compensation in Ireland which was published on 22 July. This review was carried out jointly by the Department of Finance and the Department of Transport, Tourism and Sport.  It was approved by both Ministers and noted by the Government on 19 July.

Central Bank Consolidation Bill

The purpose of the legislation is to consolidate the corpus of the Central Bank Acts into one statute.

Green Climate Fund Bill

The purpose of the legislation is to give effect to Ireland's membership of the UNFCCC Green Climate Fund, further to a Government Decision.

My Department has two items on the list of Bills which were enacted since the Government came to office on 6th May 2016. These are set out in the following table.

Title

Purpose

Finance Act 2016

The purpose of the legislation is to give statutory effect to Budget day decisions.  

Finance (Certain European Union and Intergovernmental Obligations) Act 2016

The purpose of the legislation is to enable the state to enter into an agreement with the Single Resolution Board concerning the lending of sums by the State to the Single Resolution Board in circumstances where, after disposal of the latter's funds in the manner set out in Article 5(1) of the Agreement on the Transfer and Mutualisation of the Agreement on the Transfer and Mutualisation of Contributions to the Single Resolution Fund done at Brussels on 21 May 2014, such disposal is not sufficient to meet the costs of a resolution action referred to in that Article, and to enable, for the foregoing purpose, the making of payments from the Central Fund or the growing produce of that Fund of sums, not exceeding, in the aggregate, a certain amount, to that Board.

 The legislation also amends Chapter 2 of Part 23 of the Companies Act 2014 for the purpose of implementing certain European Union law on market abuse and, in particular, Directive 2014/57/EU of 16 April 2014.

The Finance Act 2016 also appears on the list of Bills which were published since the Government came to office on 6th May 2016.

Social Insurance

Questions (154)

Catherine Murphy

Question:

154. Deputy Catherine Murphy asked the Minister for Education and Skills further to a parliamentary reply issued in respect of a person (details supplied), if he will review claims dating back to 1996 in view of the fact that the person was on an incorrect rate of PRSI from that time; and if he will make a statement on the matter. [2599/17]

View answer

Written answers

Officials in my Department  forwarded the relevant documentation regarding the misclassification of PRSI to the Department of Social Protection (DSP) on this case. A letter issued to the person referred to by the Deputy on 15 December 2016 setting out the position and explaining that any refund due will issue to her on receipt of the monies in this Department from the DSP. 

Gaeltacht Policy

Questions (155)

John Brassil

Question:

155. Deputy John Brassil asked the Minister for Education and Skills the resources that will be provided for the new education policy for the Gaeltacht. [2709/17]

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Written answers

A dedicated Gaeltacht Education Unit has been established in the Department of Education and Skills in January 2017 to oversee the implementation of the Policy on Gaeltacht Education. This Unit will be assisted by the Department of Education and Skills’ Inspectorate and An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG) to support schools in the Gaeltacht that are committed, over a five-year period, to delivering Irish-medium education and that engage with their communities in the Gaeltacht language-planning process. The Department of Education and Skills will make additional resources and supports available to the schools located in the Gaeltacht that opt for recognition as a Gaeltacht school providing full Irish-medium education. The allocation of resources will be on a staged incremental basis.

Schools, whose application to participate in the Gaeltacht Schools’ recognition process is approved, will be granted additional teaching and/or other resources including dedicated continuing professional development (CPD). The Department of Education and Skills will also allocate additional resources to COGG to develop quality learning resources and oversee specific actions within the Policy that will assist in further developing high quality Irish-medium education and Irish-language teaching. 

An initial budget of approximately one million euro has been allocated by the Department of Education and Skills to support the initial implementation of the Policy on Gaeltacht Education in 2017.

Schools Building Projects Status

Questions (156)

Dara Calleary

Question:

156. Deputy Dara Calleary asked the Minister for Education and Skills the status of the redevelopment of a school (details supplied) in County Mayo; when a technical team will visit the school; and if he will make a statement on the matter. [2534/17]

View answer

Written answers

As the Deputy will be aware, a building project for the school referred to by the Deputy was included in my Department's 6 Year Capital Programme.

In the context of progressing the proposed project, my Department recently obtained additional documentation from the school in question. This documentation is currently under review and my Department will be in further contact with the school to arrange a technical site visit in due course.

Third Level Staff

Questions (157)

Paul Murphy

Question:

157. Deputy Paul Murphy asked the Minister for Education and Skills if he has discussed with management of Trinity College Dublin proposals to freeze promotions for non-academic staff and to impose a moratorium on offering permanent contracts to non-academic staff; his views regarding increased precarity in the sector; and if he will make a statement on the matter. [2540/17]

View answer

Written answers

In line with the Universities Act, 1997 third-level institutions, including Trinity College Dublin (TCD), have autonomy in relation to promotion policies and other human resource policies, subject to the requirement to comply with Government policy in respect of core-funded employment numbers. Employers in the higher education sector are also required to operate in accordance with the provisions of national industrial relations agreements. My Department is not aware of any instance in which a third-level institution is not operating in accordance with good practice in relation to promotion and/or recruitment.

My Department also understands that all third-level employers have adhered to the terms of the Haddington Road Agreement and are operating in accordance with the provisions of the Lansdowne Road Agreement. In the event that a union believes that an employer in the higher education sector is not acting in accordance with the terms of the Lansdowne Road Agreement, that union can seek to have the matter addressed using the dispute resolution procedures provided for in the Agreement, and any individuals who have issues of dispute have a variety of dispute resolution options open to them.

From enquiries made by officials of my Department through the HEA, I understand that TCD last updated its promotions procedures in December 2015 when its Board decided to discontinue annual promotion calls among professional (administrative, technical, library and support) staff and the university authorities are now examining a more formalised job evaluation process to be developed for introduction during the 2016/2017 academic year. This will then be considered by university management and union representatives. 

As the Deputy will be aware, since the introduction of the moratorium on public sector recruitment, an Employment Control Framework (ECF) has been in place for the higher education sector which provides institutions with considerable flexibility to fill vacancies through recruitment or promotions on the basis of meeting an overall ceiling of posts.

In Budget 2015, the Minister for Public Expenditure and Reform announced that the existing ECFs and associated moratoriums would be lifted and replaced with a system of delegated sanction for recruiting and promoting up to Principal Officer level, subject to adherence by Departments to binding pay ceilings and ongoing compliance with Workforce Planning requirements. In light of this announcement it is hoped that a new Delegated Sanction Agreement for the higher education sector will be put in place shortly.

Special Educational Needs

Questions (158)

Peter Fitzpatrick

Question:

158. Deputy Peter Fitzpatrick asked the Minister for Education and Skills the incentives or assistance available to second level schools in County Louth to provide an autistic unit for students who require these services; and if he will make a statement on the matter. [2562/17]

View answer

Written answers

Funding for special education provision in 2016 amounted to some €1.5 billion, which was equivalent to over 17% of the gross overall allocation for education and training and an increase of 10% in spending in the previous two years. 

This funding provides for a range of supports and services including additional learning and resource teaching support, access to SNA support, special transport arrangements, building adaptations, enhanced capitation in special schools and special classes, specialised equipment, additional teacher training and the services of the National Educational Psychological Service.

This range of supports and services furthers this Government's commitment to ensure 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.

The National Council for Special Education is responsible for organising and planning provision for children with Special Educational Needs, including establishing special classes in mainstream primary and post primary schools. Progress in developing the network of Special Classes has been significant.

In 2011 there were 548 special classes, of which 224 were primary ASD classes, 72 were post primary ASD classes and 34 were early intervention classes. The remaining 218 were special classes service children with mild to moderate/severe general learning difficulties and specific learning difficulties including speech and language difficulties.

There are currently 1,153 special classes, which is an increase of over 100% on the number available in 2011.  Of these, 127 are ASD early intervention classes, 525 are primary ASD classes and 237 are post-primary ASD classes. The remainder are non ASD special classes.

The NCSE has advised that there are almost 18,000 students with ASD attending schools nationally. Of these 3,484 are attending primary ASD classes and 1,118 are attending post primary ASD classes.

With regard to County Louth, the NCSE has advised that there are 323 students with ASD attending schools in the county. Of these, 165 Students attend mainstream schools and are accessing in-school supports including Resource teaching and SNA support. A further 99 students with ASD are attending 19 Special Classes for children with Autism of which 3 are Early Intervention ASD Classes, 12 are primary ASD classes and 4 are post primary ASD. The remaining 59 students with ASD are placed in special schools.

The NCSE continues to review special class placement requirements nationally and has informed the Department that, in general, it is satisfied that there are sufficient ASD special class placements to meet existing demand.

The continued growth in post primary special class numbers is a natural consequence of the earlier growth in primary special class numbers. However, it should not be assumed that the same levels of growth in post primary class numbers should apply. This is because, for children with Autism, transferring from a special class in a primary school to a special class in a post primary school may not always be the optimal choice. Many children can progress to mainstream post primary with support of SNA and Resource Teaching hours, while more may transfer from primary to a special school depending on their presentation and needs.

It should also be noted that there is a proportionally larger enrolment at Primary level due to the higher number of standard years. Of the total enrolment in schools currently 68% of students are enrolled at Primary Level (which includes all Special Schools) and 32% are enrolled at Post Primary level.

The NCSE has published a guide for Boards of Management and Principals of Primary and Post Primary schools which contains information on setting up and organising special classes, including information on resources which may be provided to schools to establish special classes as requested by the Deputy. The guide is available to download from www.ncse.ie at the following link: http://ncse.ie/wp-content/uploads/2016/10/Guidelines-SettingUp-Special-Classes-PostPrimary.pdf

Furthermore, it is general practice 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, my Department may also provide capital funding to schools to establish special needs provision e.g. re-configure existing accommodation to provide a special class where this has been approved by the National Council for Special Education through its network of local Special Educational Needs Organisers.

Special Educational Needs

Questions (159)

Peter Fitzpatrick

Question:

159. Deputy Peter Fitzpatrick asked the Minister for Education and Skills his views on a matter (details supplied) regarding an Autism Spectrum Disorder, ASD, unit; and if he will make a statement on the matter. [2563/17]

View answer

Written answers

I can confirm to the Deputy that a two-classroom ASD Unit is being provided as part of the accommodation for the new 1,000 pupil post-primary school to which he refers and which is currently under construction.   

State Examinations Exemptions

Questions (160)

Catherine Martin

Question:

160. Deputy Catherine Martin asked the Minister for Education and Skills if his attention has been drawn to the fact that while the Irish language exemption on the basis of a learning difficulty is recognised as part of the leaving certificate applied programme year 1, the foreign language exemption on the basis of a learning difficulty is not recognised as part of leaving certificate applied programme year 2; the reason this is the case; and if he will make a statement on the matter. [2576/17]

View answer

Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

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