Thursday, 6 Jul 2017

Written Answers Nos. 81-101

Help-To-Buy Scheme

Questions (81)

Michael McGrath

Question:

81. Deputy Michael McGrath asked the Minister for Finance when he plans to make a decision on the future of the help-to-buy scheme; and if he will make a statement on the matter. [31989/17]

Written answers

Minister for Finance

As the Deputy will be aware, during the Committee Stage debate on Finance Bill 2016, my predecessor agreed to commission an independent impact assessment on the effects of the Help to Buy incentive for completion prior to Budget 2018. Following a competitive tender process, Indecon Economic Consultants were appointed in April to undertake this assessment.

This purpose of the project, in general, is to assess whether the policy objectives on the supply of new homes are being met, what impact (if any) the scheme is having on new and second-hand house prices, and what impact the scheme is having on the residential property market generally.

Any moves to amend or suspend the incentive prior to the completion of this report, which is scheduled for the end of August, would effectively pre-judge the outcome of the analysis.  Once received from Indecon, the contents and findings of the report will be considered and I will decide on any appropriate action(s) to take in relation to its findings, in the context of my deliberations as part of the annual budgetary process.

Finally, I would like to reassure members of the public who may be in the process of applying for the Help to Buy incentive, or those who currently have applications pending, that speculation concerning its abolition will not impact negatively on their applications. I would propose to signal well in advance, any proposed changes to the incentive following my consideration of the Indecon report.

Insurance Industry Regulation

Questions (82)

Róisín Shortall

Question:

82. Deputy Róisín Shortall asked the Minister for Finance if his attention has been drawn to the problem of fraudulent car insurance brokers; the steps he is taking to address this issue; the regime in place for establishing the bona fides of brokers; the penalties attached to fraudulent trading; and his views on the adequacy of the current regime. [32015/17]

Written answers

Minister for Finance

I am aware of the issue raised by the Deputy. I note that An Garda Síochána this week advised the public on how to avoid such fraudulent insurance brokers, discouraging motorists, for example, from buying insurance policies from unusual sources such as social networks, or in bars or restaurants or public places.

A valid certificate of motor insurance can be obtained either directly from an Insurance Undertaking or an Insurance Intermediary, otherwise known as a Broker. The Central Bank of Ireland encourage anyone intending to engage with an Insurance Intermediary, to check its online register to ensure that the firm is authorised to provide the service offered. If a firm is not registered to provide that service, individuals should avoid using it. The registers can be checked at http://registers.centralbank.ie/.

Some Insurance Intermediaries may be registered in other EEA Member States, and thus are permitted to provide services to customers in Ireland. If in doubt, consumers should contact the Central Bank on 01 224 4000 to confirm if such firms are permitted to operate in Ireland.

Whenever the Central Bank becomes aware of unauthorised firms in operation, it issues a public warning notice and refers the firm to the Gardaí. To date, approximately 294 unauthorised firms have been the subject of Central Bank warning notices.

It is a criminal offence for an unauthorised firm/person to provide financial services in Ireland that would require an authorisation under the relevant legislation which the Central Bank is the responsible body for enforcing.

In that respect, I am satisfied that the Central Bank has the necessary powers in order for it to carry out its functions.

Property Tax Collection

Questions (83)

Bernard Durkan

Question:

83. Deputy Bernard J. Durkan asked the Minister for Finance the extent of outstanding property tax due on the home of a person (details supplied); and if he will make a statement on the matter. [32040/17]

Written answers

Minister for Finance

I am advised by Revenue that the outstanding Local Property Tax (LPT) liabilities in respect of the property in question have been paid in recent days.

The payments covered the tax element only and did not include interest liabilities that accrued at 4% per annum on foot of LPT deferrals for the years 2015, 2016 and 2017.

Revenue has confirmed that it will make direct contact with the liable person in the coming days in regard to the outstanding interest liabilities with a view to concluding matters.

Tax Compliance

Questions (84)

Bernard Durkan

Question:

84. Deputy Bernard J. Durkan asked the Minister for Finance if a solution might be found to facilitate the needs of the Revenue Commissioners and taxpayer in the case of a person (details supplied); and if he will make a statement on the matter. [32049/17]

Written answers

Minister for Finance

Revenue’s primary goal is to ensure that all taxpayers and businesses meet their tax obligations in a timely fashion. Any delay in the collection of tax revenue impacts on the level and timeliness of the financial resources available to the Exchequer and adds to Government borrowing and public debt interest. Accordingly, Revenue has a strong focus on making sure that everyone complies with their responsibilities to file and pay the right amount of tax on time.

The person in question has a poor tax compliance record and has only recently filed her Income Tax returns for the previous five years, which has allowed Revenue to quantify the full extent of her outstanding liabilities.

Revenue has confirmed that it is willing to agree a mutually acceptable phased payment arrangement with the person in respect of the outstanding amounts. Any such arrangement will be dependent on commitments in regard to the timely payment of current taxes and will also include statutory interest on which Revenue has no discretion. Revenue will make direct contact with the person in the coming days to discuss the issue.

Public Procurement Contracts

Questions (85)

Catherine Murphy

Question:

85. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if a new standard approach to awarding government contracts for taxi services is being considered; if so, the changes proposed; if a new tender will include criteria for a minimum number of accessible taxis; and if he will make a statement on the matter. [31970/17]

Written answers

Minister for Public Expenditure and Reform

The Office of Government Procurement (OGP) established a framework contract for the provision of taxi services in the Greater Dublin Area in April 2015. This contract is renewable annually up to a maximum duration of four years. While the OGP established this framework contract, the OGP is not the Contracting Authority on any other taxi contracts.

Prior to establishing this framework contract the OGP engaged in a market consultation process to assist in identifying market capabilities for the provision of taxi services. The market operates on the basis of loose arrangements between Dispatch Operators and individual vehicle owners. In response to this engagement, taxi dispatch operators made it clear to the OGP that they are not in a position to force individual drivers to purchase accessible vehicles. This matter is largely one of market structure as there are no large unitary fleet operators who can easily be compelled to meet such a requirement.

The most recent figures released by the National Transport Authority (NTA), for 2016, show that 6% of the national taxi fleet is now wheelchair accessible, up from 4.2% in 2013. The NTA has responsibility for increasing the numbers of wheelchair accessible vehicles in the national taxi fleet by means of grants or other initiatives as appropriate.

The OGP continues to monitor the numbers of wheelchair accessible taxis in the national fleet and regularly engages with the National Transport Authority on this matter. When re-tendering for the framework contract for taxi services in the Greater Dublin Area, the OGP will give due consideration to passenger requirements, vehicle accessibility and market statistics at that time. Appropriate and proportionate measures will subsequently be included in the tender process.

Public Private Partnerships

Questions (86)

Michael McGrath

Question:

86. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the planned review of the 10% rule that applies to public private partnerships; and if he will make a statement on the matter. [31973/17]

Written answers

Minister for Public Expenditure and Reform

PPPs offer an alternative model for delivering infrastructure, that can facilitate the delivery of additional capital projects and that can be effective in particular circumstances. However, the long-term nature of the financial commitments arising under PPPs require that the use of such arrangements must be carefully planned in order to ensure that they are used to address infrastructural needs that are not likely to change over a 25 year period, and do so in a manner that is sustainable in the long term and which the public finances can afford.

It was for this reason that the last Government introduced an Investment Policy Framework for PPPs, in 2015. The purpose of the framework was to set a limit on the extent to which the annual costs of PPPs would pre-commit capital funding available to future Governments for investment purposes, in terms of the overall aggregate Exchequer capital allocation projected to be available in any individual year.

The framework applies to the future cost of unitary payment charges in respect of both existing PPPs already in place and new PPPs currently in procurement or planning, together with the up-front Exchequer costs associated with procuring the planned new PPPs. The current requirement is that, taken together, such future costs in respect of PPPs should not pre-commit more than 10% of the overall aggregate capital funding projected to be available to future Governments in any individual year.

The Deputy will be aware that a mid-term review of the Capital Plan is currently underway, the findings of which will ultimately help Government to put in place a new long term Capital Plan which is consistent with the new National Planning Framework to be published later this year.

In that context, Government needs to formulate a strategic view on the extent to which PPPs should be used to assist in delivering additional infrastructure, to complement that provided directly with Exchequer funding.

With that in mind, I asked my Department to review our experience of using PPPs and to advise on the scope for further use of this procurement option in the context of the Government's capital investment plans.

A senior level group has been established to assist my Department in this regard, comprising relevant officials from the Departments with experience of procuring projects by PPP, together with the Department of Finance, the National Development Finance Agency and Transport Infrastructure Ireland. This group is reviewing past experience with PPPs and its report, once complete, will provide an evidence based analysis of the potential for further use of PPPs, and concessions, as a procurement option for the delivery of additional capital infrastructure as part of the new long term capital plan. Assessing the affordability, sustainability and value-for-money of PPP procurement will be key elements of the Group's work, while the Group will also have the opportunity to make recommendations in relation to other aspects of PPP policy and guidance, if appropriate.

The report of the Inter-departmental group will help inform a final decision on how to proceed in relation to off-balance sheet PPPs in the context of the new long-term capital plan to be published later this year.

Legal Costs

Questions (87)

Róisín Shortall

Question:

87. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the circumstances in which he gave approval for the payment of substantially increased daily rates to barristers working on a case (details supplied); the representations that he received in this regard; the rationale for his decision; and if he will make a statement on the matter. [32030/17]

Written answers

Minister for Public Expenditure and Reform

The case, details supplied by the Deputy, involved allegations concerning substantial loans covering a period of approximately six years. The charges preferred involved (inter alia) breaches of the section 197 of the Companies Act 1990. My officials were advised by the DPP’s Office that the case was a difficult and complicated one involving a large number of offences covering an extended time frame coupled with voluminous documentation and involving novel points of law and was the first time section 197 had been prosecuted in the courts. In view of the difficulty and complexity of the case, as advised by the DPP, and the large volume of documentation, fees in excess of the standard Circuit Criminal Court prosecution fees were approved.

Public Procurement Contracts

Questions (88, 89)

Brendan Smith

Question:

88. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform if his attention has been drawn to the increasing concerns of contractors within the construction sector here regarding the procurement of public contracts due to unfair competition from contractors, particularly from Northern Ireland, which have a lower cost base and continue to gain further advantage with the procurement of building materials and labour in Northern Ireland due to the weakness of sterling; if contractors regardless of their base are obliged to pay the statutory labour rates here along with other statutory taxes and levies; and if he will make a statement on the matter. [31441/17]

Brendan Smith

Question:

89. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform his plans to protect businesses in the construction sector which are facing unfair competition from contractors, particularly from Northern Ireland, which have a lower cost base and are tendering and gaining public contracts at costs below those viable for contractors based here that meet all their statutory obligations in terms of their business and employees; and if he will make a statement on the matter. [31442/17]

Written answers

Minister for Public Expenditure and Reform

I propose to take Questions Nos. 88 and 89 together.

Public procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies.  National rules governing public procurement must comply with the relevant EU, WTO and national legal requirements and obligations. Under EU law, public contracts above a certain value must be advertised EU-wide and awarded to the most competitive tender in an open and objective process. The aim of European and national rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of location or nationality and there are legal remedies which may be used against any public body infringing these rules.

Public procurement procedures require applicants to meet certain standards when applying for public contracts.  In this regard applicants are required to make declarations in relation to their financial standing, their legal standing and in relation to payment of taxes and social contributions.

Prior to the award of a public works contract, the successful applicant is also required to produce a current Tax Clearance Certificate from the Revenue Commissioners.  Under our national rules, any non-resident contractor being awarded a public contract must provide a Tax Clearance Certificate issued by Revenue confirming that the firm’s tax affairs are in order and that it has complied with its tax obligations in this jurisdiction.

I am informed by the Revenue Commissioners that non-resident contractors are obliged to register for and pay relevant taxes for activities carried out in the State. This includes Value Added Tax, Relevant Contracts Tax, Employers PAYE and, depending on the circumstances, Income Tax or Corporation Tax.

- VAT - all non-resident principal contractors (individuals, partnerships and companies) who are engaged in Relevant Contracts in the construction industry in the State must register for VAT and account for VAT under the VAT reverse charge rule.  Contractors based in Northern Ireland do not have any advantages over contractors based in Ireland.  Full VAT recovery applies to all purchases wherever sourced and VAT is charged and accounted for on their supplies in Ireland.

- Relevant Contracts Tax (RCT) applies to payments to subcontractors on construction, operations carried out within the State.  RCT applies irrespective of whether the Principal or subcontractor or both are resident outside the State. If the work is being carried out in the State, RCT must be operated.

- Employers PAYE - all employers, including non-resident employers, must register for PAYE as an employer and operate PAYE/PRSI/USC in respect of income attributable to the performance in the State of an employment.

- Income Tax/Corporation Tax - a non-resident contractor which has a permanent establishment which lasts for more than 6 months is liable for Income Tax if a sole trader or Corporation Tax if a company, on the profits arising from the Permanent Establishment.  Under Ireland’s Double Taxation Agreements the term “Permanent Establishment” expressly includes a building site or construction or installation project.

The management of the tendering process for a public contract is a matter for each contracting authority.  It is the responsibility of each contracting authority to ensure that tenderers comply with all the requirements of the process.

Once awarded, the conditions of the public works contracts require the contractor to certify compliance with employment law, to maintain records of all those employed on the site, regardless of whether they are employees of the contractor or their subcontractors, and the hours worked by them.  Where requested, the contractor must also provide details of the payments made to those employed on the site.

Where the contractor fails to comply with their obligations under the contract or employment law, deductions may be made from payments due under the contract until the situation is rectified.

Enforcement of tax, social welfare and employment law are matters for the relevant State authorities.

All contractors in assessing the viability of a particular contract have to consider their input costs, these include such things as proximity to the works site, availability of skilled labour and material, etc.   Exchange rate fluctuation is a risk to be considered when tendering for contracts where payments are to be made in a different currency.  Since both domestic and Northern Ireland (N.I.) contractors can source materials in either jurisdiction they are equally able to exploit currency fluctuations to their advantage.  Therefore domestic contractors are not necessarily at a competitive disadvantage vis-a-vis the cost of materials.

Competition can work both ways and it is also important to remember that open tendering is a two-way street and that it provides Irish companies with opportunities to compete abroad. The public procurement market in the European Union is estimated to be valued in excess of €1.94 trillion per annum. The open market regime offers opportunities for Irish companies to win business abroad. EU studies indicate that many Irish businesses are successful in this regard.

Heritage Centres

Questions (90)

Fergus O'Dowd

Question:

90. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform if he will consider reopening the Kiltyclogher heritage centre (details supplied); and if he will make a statement on the matter. [31858/17]

Written answers

Minister of State at the Department of Public Expenditure and Reform

The Heritage Centre facility at Kiltyclogher is a locally-run initiative and the Office of Public Works has no responsibility for, or involvement in, its management.

The OPW has made funding available to the Centre in 2016 to support a local guide service to the nearby Sean Mac Dhiarmada Homestead and a similar arrangement is available again, if required.

Infrastructure and Capital Investment Programme

Questions (91)

Dara Calleary

Question:

91. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform his plans to publish the IMF report on infrastructure provision here; when he expects the report to be completed; the terms of reference for the report; if it considers the role of private capital and PPPs; the cost of commissioning this report; the reason for choosing the IMF to carry out such a report; and if he will make a statement on the matter. [31983/17]

Written answers

Minister for Public Expenditure and Reform

I assume the Deputy's question refers to the Public Investment Management Assessment (PIMA) which is being carried out by the International Monetary Fund (IMF) in July.  The possibility of undertaking a PIMA study was raised with me by the IMF during my visit to Washington earlier this year, in the context of a discussion on capital planning in Ireland. 

An IMF PIMA evaluates the design and effectiveness of the institutions that shape decision-making at the three key stages of the public investment cycle: planning investment; allocating investment to the right sectors; and implementing investment.  The IMF have carried out 17 such assessments to date which are available on the IMFs website www.imf.org. The PIMA for Ireland will be specifically tailored to Ireland's particular needs and will include a focus on, for example,

- A review of our planning and delivery mechanisms and the mechanisms for co-ordinated planning of infrastructural provision across sectors.

- A benchmarking of Ireland's infrastructure by reference to that of other comparable developed countries drawing on the relevant IMF data; and

- An assessment of PPPs and public investment management in State owned entities.

The findings of the PIMA are expected to play an important role in identifying how institutions and public governance systems in Ireland responsible for and related to planning, allocating and delivering public capital infrastructure might be further strengthened.  The PIMA dovetails with the ongoing mid-term review of the Capital Plan.  The assessment will contribute to the analysis of the systems in place for planning, allocating and delivering future infrastructure priorities, in the context of the preparation of a new long-term Capital Plan to be published later this year. 

The full cost of commissioning the report is being borne by the IMF.  The PIMA Mission to Ireland is scheduled for 6 to 19 July.  The PIMA report will be provided to my Department at the end of the mission and is currently expected to be published later this year as an important input and supporting document to the new 10 year Capital Plan. 

Capital Expenditure Programme Review

Questions (92)

Dara Calleary

Question:

92. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform when he expects the completion of the expenditure review; the estimated savings that can be made as a result of the review; and if he will make a statement on the matter. [31984/17]

Written answers

Minister for Public Expenditure and Reform

Work on Spending Review 2017 has been ongoing since January of this year. The Mid-Year Expenditure Report (MYER) will include a substantive overview of this process in the coming weeks. In addition, a series of papers will be published with the MYER and will present the results of the analysis of the wide range of expenditure schemes and programmes that have been examined this year. This 2017 Review is the first in a three-year cycle of 'rolling', selective reviews that will examine all day-to-day Departmental spending by 2019. This reflects a change in approach from the 2011 and 2014 Comprehensive Reviews of Expenditure, which covered all Government expenditure in a single year.

The Spending Review process operates within the wider budgetary architecture and the medium-term expenditure framework, which supports sustainable expenditure policy, anchored by reference to the fiscal rules. The aim of the Spending Review process is not to reduce Departmental expenditure but rather to examine existing spending within this overall budget constraints by reference to the principles of efficiency, effectiveness, sustainability and impact. By systematically examining baseline expenditure using available evidence and data, the increasing tendency to focus only on the incremental increase in expenditure can be countered. The results of the Spending Review analysis will support budgetary decisions and facilitate the consideration of existing expenditure alongside budgetary proposals.

Public Sector Pensions

Questions (93)

Martin Heydon

Question:

93. Deputy Martin Heydon asked the Minister for Public Expenditure and Reform if the dependants of a person (details supplied) in County Kildare are entitled to increases agreed under the Lansdowne Road agreement. [32025/17]

Written answers

Minister for Public Expenditure and Reform

I understand that the deceased person referred to in the Deputy's question was a pensionable public servant, and that a dependant public service pension is payable to his surviving spouse.

The original Lansdowne Road Agreement, whose terms were agreed in 2015 following negotiations between Government and the public service trade unions, does not contain any provisions in relation to pensions.

Section 6.2 of the proposed Public Service Stability Agreement 2018-2020, which if ratified, will be an extension of the Lansdowne Road Agreement, indicates that over the duration of that agreement, policy on public service pensions in payment will be guided by the following three elements:

First, the need to adopt an equitable approach to the various public service pensioner cohorts differentiated by date of retirement (in particular pre and post end-February 2012) is affirmed.

Second, for those who retired or will retire post end-February 2012, to the extent that they retired on reduced salaries for pension award purposes, they will receive pension increases in line with pay increases received by their peers currently in employment in accordance with the terms of the collective agreement.

Third, when alignment is achieved between pre and post end-February 2012 pensioners, as will happen progressively for salary ranges up to €70,000 in 2020 under the proposed collective agreement, pay increases will continue to benefit pensions in payment for the duration of the agreement.

This means that over the period of the agreement, if ratified, public service pensions in payment will increase in line with pay increases where necessary to ensure that those pensions are equal to the pensions being awarded to same-grade retiring staff.

In the context of the Deputy's question, in a scenario where a public service pension qualifies for an increase under the proposed agreement, any related dependant pension will also be increased accordingly.

Education Policy

Questions (94)

Pat Buckley

Question:

94. Deputy Pat Buckley asked the Minister for Education and Skills the steps he is taking to put in place alternative education and systems to ensure that young persons (details supplied) who find it difficult to secure a place in education are offered the chance they deserve at completing their education. [31826/17]

Written answers

Minister for Education and Skills

As the Deputy will be aware, education is compulsory for children in Ireland from the ages of six to sixteen or until students have completed three years of post-primary education. Key considerations for my Department in this matter is our policy of inclusion, where the objective is for children to be educated within the mainstream system to the greatest extent possible. The policy of my Department is that children with special educational needs should be included where possible and appropriate in mainstream placements with additional supports provided. In circumstances where children with special educational need require more specialised interventions, special school or special class places are also available.

My Department also considers applications under the Home Tuition Grant Scheme which provides a compensatory educational service to students with a significant medical condition which is likely to cause major disruption to their attendance at school on a continuing basis. Eligibility under this provision is assessed with reference to a completed medical report and attendance records supplied by the school in which the student is enrolled. Further details of the Scheme are available at www.education.ie

Where a problem arises in securing a school place I wish to advise the Deputy that the Child and Family Agency, Tusla, has statutory responsibility to ensure that every child attends a recognised school or otherwise receives a certain minimum education. Therefore, the Agency, through its Educational Welfare Service, is the statutory body which can assist parents/guardians who are experiencing difficulty in securing a school place for their child. My colleague the Minister for Children and Youth Affairs has responsibility for this Agency.

My Department also funds a range of supports for young people who are at risk of dropping out of school, or who have already become disengaged from the mainstream education system,. These include Youth Encounter Projects, Youthreach Centres, and a number of other centres, including the Centre referred to by the Deputy which receives direct funding. Teaching resources are funded through the Education and Training Boards in many of these local community based settings to support these young people and provide opportunities to them to gain benefit from education.

In relation to the details supplied I can confirm that funding from my Department to the Cork Life Centre in 2016 amounted to €159,340.00 consisting of €77,500 in direct funding and €81,840 for teaching resources delivered through Cork ETB.

The DEIS Plan 2017 sets out my Department’s vision for education to more fully become a proven pathway to better opportunities for those in communities at risk of disadvantage and social exclusion. One of the goals contained in DEIS Plan 2017 is for a Review of current out of school and second chance provision to inform policy for future supports in this area, including those provided through Tusla. The review will be carried out by my Department, in corporation with Tusla, the Education and Training Boards and Solas, It is expected work on the review will commence over the coming months.

Departmental Staff

Questions (95)

Willie O'Dea

Question:

95. Deputy Willie O'Dea asked the Minister for Education and Skills the reason an application for a contract of indefinite duration is being processed and another is not (details supplied), in view of the fact that the two persons that applied for contracts of indefinite duration did not meet the criteria and both were outside the four-week deadline; and if he will make a statement on the matter. [31843/17]

Written answers

Minister for Education and Skills

My Department Officials are unable to identify the applicant from the details supplied with the question. If the Deputy wishes to forward more details of the applicant to my Department the issue raised by the Deputy will be investigated.

Schools Site Acquisitions

Questions (96)

John Brady

Question:

96. Deputy John Brady asked the Minister for Education and Skills when a suitable site for a permanent school building will be located for a school (details supplied); the timeframe in which this build will be completed; and if he will make a statement on the matter. [31848/17]

Written answers

Minister for Education and Skills

Officials from my Department have been working closely with the relevant Local Authorities under the Memorandum of Understanding for the acquisition of school sites in order to identify and procure a suitable site for the school.

A number of potential site options have been considered and from these a preferred site option has been identified.  Engagement with the relevant landowner in respect of the proposed acquisition is underway. 

While a site acquisition process is underway, given the commercial sensitivities associated with land acquisitions generally I am not in a position to comment further at this time.

Once a suitable site has been acquired my Department will be in a position to progress the project concerned into the architectural planning process

School Admissions

Questions (97)

Carol Nolan

Question:

97. Deputy Carol Nolan asked the Minister for Education and Skills the timeframe to bring forward legislation to amend section 7(3)(c) of the Equal Status Act 2000; and if he will make a statement on the matter. [31849/17]

Written answers

Minister for Education and Skills

Earlier this year I ran a public consultation process and held a Forum on the role of religion in school admissions. 

Under the Education (Admission to Schools) Bill, which last week passed committee stage, schools which are not oversubscribed will have to accept all applicants. This means that religion will not be used in admissions to 80% of schools.

It is in the 20% other schools that this issue now needs to be addressed.

My preference is to remove the capacity for state-funded denominational primary schools, where they are oversubscribed, to use religion as a criteria in admissions process except, in three scenarios:

- where it would not otherwise be possible to maintain the ethos of the school;

- where the school is established by a minority religion, in order to ensure that students of that religion can find a school place in a school of that ethos;

- where the school is established by a minority religion, in order to admit a student of that religion who resides in a community consistently served by that school.

As I have said recently, my intention is to introduce more detailed proposals on this in the autumn, with a view to having them enacted by the end of 2017, depending on the process in the Oireachtas.  

Special Educational Needs Staff

Questions (98, 99)

Carol Nolan

Question:

98. Deputy Carol Nolan asked the Minister for Education and Skills when the allocations for special needs assistants will be made; and if he will make a statement on the matter. [31850/17]

Carol Nolan

Question:

99. Deputy Carol Nolan asked the Minister for Education and Skills if he will consider making the special needs assistants allocations at an earlier date in future to allow schools, parents and special needs assistants adequate time to plan and prepare children for the upcoming year; and if he will make a statement on the matter. [31851/17]

Written answers

Minister for Education and Skills

The Deputy will be aware that this week, I announced that 975 additional SNAs will be available for allocation to schools from September 2017 which is a 7.5% increase to meet the demands for the new school year.

A total of 13,990 SNA posts will now be available at a gross annual cost of €458 million. This is more SNAs than we have ever had previously and will ensure that all children who qualify for SNA support can continue to receive access to such support. In total, the number of SNAs available has increased by over 32% since 2011, when 10,575 posts were available.

The National Council for Special Education (NCSE) has advised all schools of their allocations for SNA support for the coming 2017/18 school year. Details of the allocations which have been made to schools have now been published on www.ncse.ie.

Where a school wishes to make an application for SNA support in respect of a child who was not considered as part of this allocation process they may continue to make such applications to the NCSE.

Where a school wishes to appeal the SNA support allocation which has been made to them, they may do so through the NCSE appeal process, details of which are set out at www.ncse.ie .

In response to a progress report from the NCSE on the comprehensive review it is undertaking of the SNA Scheme, I have requested the National Council for Special Education to establish a working group, comprising relevant stakeholders, to assist in proposing an alternate and improved model for providing care supports so as to provide better outcomes for students with special educational needs who have additional care needs.

This Working Group will commence its work upon its appointment and the work will run in tandem with the completion of the Comprehensive Review of the SNA Scheme. It is intended that the reports of the Working group and of the Review will be completed early in 2018.

Junior Cycle Reform

Questions (100, 101)

Carol Nolan

Question:

100. Deputy Carol Nolan asked the Minister for Education and Skills if there will be flexibility under the new junior cycle Irish framework for schools that wish to prioritise the oral strand; and if he will make a statement on the matter. [31852/17]

Carol Nolan

Question:

101. Deputy Carol Nolan asked the Minister for Education and Skills if the new junior cycle Irish framework will reduce the percentage of marks for oral Irish at junior cycle level; his views on whether this will have implications for the preparation of children at senior cycle in which the percentage of marks is 40%; and if he will make a statement on the matter. [31853/17]

Written answers

Minister for Education and Skills

With effect from September 2017, junior cycle provision for Irish in post-primary schools and settings will comprise two new specifications (syllabuses). The L1 (Language 1, in Irish, Teanga 1) specification is targeted at students in Irish-medium schools and students in English-medium schools who learn one or more subjects (apart from Irish) through the medium of Irish. The L2 (Language 2, Teanga 2) specification is targeted at other students in English-medium schools.  

The new Junior Cycle specifications for Irish (both L1 and L2) have a strong emphasis on oral language.  This is particularly highlighted in the main strand of the specifications – Communicative Competence. This strand places an enhanced emphasis on Irish as the language of learning and communication in classrooms as well as an emphasis on the skills required to communicate effectively with other users of the language. Communication, opportunities for use and interaction are central to classroom tasks.

A different type of assessment methodology for oral language skills (and other skills) will be used in the new Junior Cycle Irish specification. Up to now, there was an optional oral language test, taken by a minority of students, and generally assessed by their teachers as part of the old Junior Certificate examination. Now, as part of the new Junior Cycle Irish specifications, the oral language skills of all students will be formally assessed. This will be done by means of Classroom-Based Assessments (CBAs) which will be reported by schools to parents at the end of third year in the Junior Cycle Profile of Achievement (JCPA).  This emphasis on oral language will ensure students are prepared to undertake the Senior Cycle Programme.

The assessment of oral language skills will no longer be optional. I am satisfied that the new approach ensures that all students will now have the opportunity to benefit from the experience and the value of participating in the assessment of their oral language skills. Unlike the current reporting format in which candidates receive one overall grade based on their achievement in Irish in the Junior Certificate, whether they undertake the optional oral or not, the Junior Cycle Profile of Achievement will allow students’ achievement in the CBAs to be recorded independently of the result in the state-certified examination. This experience should lead to more motivated, confident and independent language learners and users as they embark on the study of Irish in senior cycle.