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Thursday, 4 May 2017

Written Replies Nos. 115 to 125

Arts in Education Charter

Questions (115)

Peadar Tóibín

Question:

115. Deputy Peadar Tóibín asked the Minister for Education and Skills the progress made to date with regard to the commitment by his Department in the arts in education charter to greater out-of-hours use of schools facilities to give children and young people access to arts activity; and if he will make a statement on the matter. [21295/17]

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Written answers

The Arts in Education Charter, launched in 2013, has been a landmark development. The Charter is an initiative of my Department, the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs, working in association with the Arts Council.  Good progress has been made on implementation of the Charter objectives to date in relation to the use of school facilities and the integration of arts in education as outlined in the following:

Out-of-school facilities and out of hours use of school facilities

The Arts in Education Charter specifically outlines that the Minister for Education and Skills and the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs commit to greater use of out of-school facilities and out of hours use of schools facilities to give children and young people access to arts activity.

This is current practice under Departmental Circulars M18/05 and 16/05, where schools are urged to give serious consideration to making their schools facilities available to the local community after formal school hours for play and recreation purposes, where possible. The purpose of the circulars is to urge Trustees and Boards of Management to consider facilitating such requests where possible. In urging and encouraging the Trustees and Boards of Management to respond sensitively to this need, my Department fully appreciates that the decision ultimately lies with the relevant Board or Trustees and that the first priority at all times should be the interest of the school, its teachers and pupils.

Many schools already make their premises available to the local community outside of school hours and schools profit from an improved relationship with the wider community as a result. Good relations between the school and the community can be beneficial when it comes to seeking placements for work experience, outlets for community service, or when schools seek to access local services and expertise, including the arts. Being linked in effectively with the local community can help the school to provide a wider curriculum and range of co-curricular activities. It is for this reason that my Department has published in 2016 “Looking at our Schools 2016” – A Quality Framework for Primary Schools and “School Self-evaluation Guidelines for Post-Primary Schools”. These guidelines suggest that the relationships between the school and the wider community should form one of the self-evaluation criteria for schools. Schools shall now in their school policies and plans, where possible, include arts-in-education opportunities as an important aspect of enriching the curriculum and the wider life of the school. These policies should realise the complementarities between arts education and arts-in-education, and will be referenced in the upcoming guidelines regarding out of hours use of school buildings.

School Policies

The Arts in Education Charter envisaged that schools, in their school policies and plans, shall incorporate arts in education opportunities as an important aspect of enriching the curriculum and the wider life of the school.  The Charter Implementation Group has the agreement of my Department's Inspectorate to assist schools in this aspect of their school planning and self-evaluation. 

Capital Provision

My Department has agreed that provision for arts-in-education practice and for the wider education agenda will be reflected in the design and equipping of school buildings, and the parallel need for the design of new schools and other education buildings to take account of the particular needs – both directly educational and more widely community-based – of the arts, in the context of available resources.

Teacher Redeployment

Questions (116)

Brendan Griffin

Question:

116. Deputy Brendan Griffin asked the Minister for Education and Skills if priority will be given to teachers who have been on the supplementary panel for three years or more and have not secured permanent positions; and if he will make a statement on the matter. [21296/17]

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Written answers

The core function of the redeployment arrangements is to facilitate the redeployment of surplus permanent and CID holding teachers to other schools where vacancies exist. The redeployment of all surplus permanent teachers is key to the Department's ability to manage within its payroll budget and ceiling on teacher numbers.

Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

The criteria used for the allocation of teachers to primary schools for the 2017/18 school year, including the redeployment arrangements, is available on the Department's website.

Teachers' Remuneration

Questions (117)

Fiona O'Loughlin

Question:

117. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the number of secondary school teachers on his Department's payroll who are currently paid a qualification allowance at the pass degree rate; and if he will make a statement on the matter. [21330/17]

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Written answers

A Qualification Allowance in respect of a Pass Primary Degree is paid to 3,739 Voluntary Secondary and Community and Comprehensive schools teachers. 

The current position regarding the payment of qualification allowances is outlined in Circular 8/2013 which can be accessed on my Department website.

Wind Energy Guidelines

Questions (118)

Clare Daly

Question:

118. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government when new guidelines for the construction of wind farms here will be published. [21214/17]

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Written answers

Since May 2016, I have been liaising closely with my colleague Minister Naughten, having regard to his responsibility for renewable energy policy, on the review of the 2006 Wind Energy Development Guidelines relating to noise, setback distance and shadow flicker, recognising the need to bring the review to a close and provide certainty on the matter to all stakeholders, local authorities, the energy sector and the wider community.

In light of the commitment in the Programme for a Partnership Government to finalise the Guidelines and ongoing policy and legal developments in this area, my Department, in conjunction with the Department of Communications, Climate Action and the Environment, is continuing to advance work on the Guidelines and related matters in order to bring the various issues to a conclusion as early as possible.

I expect to be in a position to make a statement on the matter in the coming weeks, outlining the proposed revisions to the Guidelines and the timelines for implementation of the various elements shortly.

It should be noted that as part of the overall review, and having regard to recent ECJ Judgement the Belgian/Wallonian wind energy guidelines, it is proposed to undertake a strategic environmental assessment (SEA) of the proposed revisions to the 2006 Guidelines before they come into effect. This is in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, the SEA Directive.

SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which acts as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.

In light of the SEA requirement, it is likely that while the proposals for revisions to the Guidelines will be available shortly, the Guidelines will not be finalised and come into effect until the end of the year.   In the meantime, the current Guidelines remain in force.

When finalised revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended.  Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts. 

Water Pollution

Questions (119)

Noel Rock

Question:

119. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government the number of tonnes of raw sewage that are allowed to flow into the waters here; the beaches which are most affected by this; and if he will make a statement on the matter. [21226/17]

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Written answers

With effect from 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels for public water services, including the delivery of water services capital infrastructure, encompassing the management of urban waste water collection and treatment infrastructure.  All discharges to the aquatic environment from sewerage systems owned, managed and operated by Irish Water require a waste water discharge licence or certificate of authorisation from the Environmental Protection Agency (EPA).  The authorisation process provides for the EPA to place stringent conditions on the operation of such discharges to ensure that potential effects on the receiving water bodies are strictly limited and controlled, in line with the Urban Waste Water Treatment Directive which sets out requirements for the collection, treatment and discharge of urban waste water with the objective of protecting the environment from the adverse effects of waste water discharges.

The EPA is the key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of local authorities, of environmental legislation in Ireland, including compliance in relation to licensed urban waste water discharges.  Details of all prosecutions taken by the EPA for pollution incidents and details of its enforcement activities are published on the EPA's website (http://www.epa.ie/enforcement/).

In its recent report Ireland's Environment: An Assessment 2016, the EPA notes that untreated sewage was discharged from 45 areas in 2014, mostly estuaries or coastal areas, with 27 of these located in counties Cork, Donegal and Galway and three of the total number of discharges having been resolved by the end of 2015.  A copy of the report is available on the EPA website at the following link: http://www.epa.ie/pubs/reports/indicators/SoE_Report_2016.pdf.  It is important to note, however, that the quality of Ireland's bathing waters in general is very high, with just over 93% of identified bathing waters meeting the minimum EU standards for "sufficient" water quality over the period 2012 to 2015.  Of these, 83% were classified as of either "excellent" or "good" water quality.

The EPA report, however, outlines why significant and sustained investment in the public water and wastewater systems is needed.  Historical under-investment in water infrastructure in Ireland now means that Irish Water has major issues to address in the coming years.  Bringing Ireland into full compliance with the Urban Waste Water Directive is a priority, but it will take a number of years of sustained investment to achieve this.

Community Development Initiatives

Questions (120)

Thomas P. Broughan

Question:

120. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government his plans to provide further supports for parish and community centres in the Dublin Bay North constituency and in the Dublin region generally; and the other supports which are now available from his Department and agencies to support local community and parish centres. [21257/17]

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Written answers

The Local Government Reform Act 2014 gives legislative effect to the commitments in ‘Putting People First’, including the establishment of Local Community Development Committees (LCDCs) in each local authority administrative area.  A key function of each LCDC is to prepare the community elements of a 6-year Local Economic and Community Plan (LECP) and to work with partners in the implementation of the plan.  LECPs are developed as part of an integrated local, regional and national planning process.  This ensures that each Plan will be consistent with County Development Plans, Regional Spatial and Economic Strategies, and Regional Action Plans for Jobs.  The purpose of the Plan is to promote the local and community development of the relevant local authority area through a more co-ordinated and collaborative approach to planning and service delivery. 

My Department provides funding to support social inclusion and for social cohesion in communities. The Social Inclusion and Community Activation Programme (SICAP) is the largest social inclusion intervention of its kind in the State. The Programme was rolled out in April 2015, and will run until 31 December 2017. Its aim is to tackle poverty, social exclusion and long-term unemployment through local engagement and partnership between disadvantaged individuals, community organisations, public sector agencies and other stakeholders. SICAP is a key intervention for the harder to reach, with delivery in each area (or Lot) overseen and managed by the relevant LCDC in each local authority area.

The SICAP funding allocation for 2017 for front-line delivery nationally is €37.5m, which includes an allocation of €3m under the European Social Fund (ESF) Programme for Employability, Inclusion and Learning (PEIL) 2014-2020.

Furthermore, my Department recently launched the national €2 million Communities Facilities Scheme which is under the remit of my colleague, Catherine Byrne T.D., Minister of State for Communities and the National Drugs Strategy.  The Communities Facilities Scheme is targeted at both urban and rural areas and will fund projects that seek to enhance communities, address disadvantage and improve social cohesion at a local level. The Scheme is being managed at a local level by the LCDCs in conjunction with the Municipal Districts, under the remit of the local authorities.

The Programme for a Partnership Government included a commitment to launch a recast RAPID programme and my Department is currently finalising the necessary arrangements, with the intention of launching the recast programme shortly. 

Building Regulations

Questions (121)

Fergus O'Dowd

Question:

121. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government if he will address the concerns raised in correspondence (details supplied); if a reply will issue to the person concerned; and if he will make a statement on the matter. [21263/17]

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Written answers

New buildings and extensions or material alterations to existing buildings must comply with the legal minimum performance standards set out in the Building Regulations 1997 - 2017.  In this context, the Building Regulations (Part M Amendment) Regulations 2010, and the accompanying Technical Guidance Document M – Access and Use (2010), which came into effect on 1 January 2012, set out the minimum statutory requirements that a building must achieve in respect of access.

The requirements of Part M aim to ensure that regardless of age, size or disability:

- new buildings other than dwellings are accessible and usable;

- extensions to existing buildings other than dwellings are, where practicable, accessible and useable;

- material alterations to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable;

- certain changes of use to existing buildings other than dwellings increase the accessibility and usability of existing buildings where practicable; and

new dwellings are visitable.

Part M of the Building Regulations aims to foster an inclusive approach to the design and construction of the built environment.  While the Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to have regard to the design philosophy of universal design and to consider making additional provisions where practicable and appropriate.

While the latest iteration of Part M of the Building Regulations initially coincided with the general downturn in economic and construction activity, its positive effects on access and use in the built environment will now be seen more widely as economic recovery takes hold and construction activity continues to gather momentum and moves onto a sustainable footing.  While there are no proposals to amend Part M at this point in time, the Building Regulations, including Part M requirements, are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.

Housing Issues

Questions (122)

Fiona O'Loughlin

Question:

122. Deputy Fiona O'Loughlin asked the Minister for Housing, Planning, Community and Local Government the amount of funding allocated to local authorities in County Kildare in the past five years for the provision of housing for persons with disabilities; and if he will make a statement on the matter. [21328/17]

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Written answers

My Department provides funding through the Capital Assistance Scheme (CAS) for sheltered housing to meet the needs of persons with specific categories of housing need, including those with a disability. The funding is provided to local authorities, including Kildare County Council, which arrange for the housing delivery via approved housing bodies.

Total funding approved to Kildare County Council under CAS over the period 1st May 2012 to 1st May 2017 was €9,088,743, of which €2,636,451 relates to the provision of housing for persons with disabilities.

Local Infrastructure Housing Activation Fund

Questions (123)

Catherine Murphy

Question:

123. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if the local infrastructure housing activation fund is a loan to local authorities or a grant payment; and if he will make a statement on the matter. [21197/17]

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Written answers

The aim of the Local Infrastructure Housing Activation Fund (LIHAF) is to relieve critical infrastructural blockages in order to enable the accelerated delivery of housing on key development sites in urban areas with high demand for housing. 

On 28 March 2017, I announced funding for 34 projects under the LIHAF. The cost of these projects is €226.46 million, of which €169.65 million will be funded by the Exchequer, with local authorities funding the remaining €56.81 million. These public infrastructure projects will be key to the delivery of 23,000 housing units over the next four years, with a longer-term projection of up to 70,000 units as the selected sites are fully built out. 

Under the terms of LIHAF, the Exchequer will fund 75% of the cost of the each infrastructure project by way of a grant to the local authority.  Local authorities will be required to sign a grant agreement with my Department which will set out the terms and conditions for the drawdown of the funding.  Local authorities are required to provide matching funding for the remaining 25% of the cost of the infrastructure project, which they can fund from their own resources or by way of loan.

Pyrite Panel Report Recommendations

Questions (124)

Charlie McConalogue

Question:

124. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government if he has reviewed the findings of the expert panel set up to review the mica issue; the details of those findings; the timeframe for a decision on putting a redress scheme in place to provide financial assistance to affected homeowners following on from the panel's report; when the report of the expert panel will be published; and if he will make a statement on the matter. [21198/17]

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Written answers

An expert panel on concrete blocks was established by my Department in April 2016 to investigate the problems that have emerged in the concrete blockwork of certain dwellings in Donegal and Mayo.  The panel have the following terms of reference: -

(i) To identify, insofar as it is possible, the numbers of private dwellings which appear to be affected by defects in the blockwork in the Counties of Donegal and Mayo;

(ii) To carry out a desktop study, which would include a consultation process with affected homeowners, public representatives, local authorities, product manufacturers, building professionals, testing laboratories, industry stakeholders and other relevant parties, to establish the nature of the problem in the affected dwellings;

(iii) To outline a range of technical options for remediation and the means by which those technical options could be applied; and

(iv)To submit a report within six months.

The expert panel on concrete blocks met on twelve occasions since it was first established and a similar number of meetings have taken place with key stakeholders, including affected homeowners, the elected members of Donegal and Mayo County Councils, local authority officials, industry bodies, academics, public representatives and other interested parties.  A substantial volume of information has been provided by affected homeowners in both counties, as well as from Donegal and Mayo County Councils; additional information was also provided through the consultation process.

The panel has now concluded its meetings and is in the process of finalising its report which is undergoing legal proofing, which I anticipate will be completed shortly.  In this regard, I will await the outcome of the panel’s report before considering what further actions may be required to assist the parties directly involved in reaching a satisfactory resolution to the problems that have emerged in the two counties.

Jobseeker's Benefit Eligibility

Questions (125)

Bernard Durkan

Question:

125. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person's (details supplied) previous medical history was taken into account prior to reducing their rate of unemployment benefit; and if he will make a statement on the matter. [21349/17]

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Written answers

Jobseeker’s Benefit has a number of qualifying criteria and payment is based on the social insurance record of the customer. Medical history is not a determining factor if a customer has declared that he/she fulfils the condition of being fit for work.

The person concerned was in receipt of the maximum rate of Jobseeker’s Benefit based on her social insurance record. Her benefit exhausted with effect from 20/04/17 and she has applied for jobseeker’s allowance which is currently pending.

I trust this clarifies the matter for the Deputy.

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