Thomas Byrne
Question:41. Deputy Thomas Byrne asked the Minister for Education and Skills his plans to increase provision of second level education in the eastern part of County Meath, in particular, the Duleek area. [31746/17]
View answerSchool Accommodation Provision
Questions (41)
Written answers
To assist in identifying where additional school accommodation is needed, my Department uses a Geographical Information System (GIS) to examine where the pressure for school places across the country will arise. The GIS uses data from a range of sources, including the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and school enrolment returns. With this information, my Department carries out nationwide demographic analyses at primary and post-primary level to determine where additional school accommodation is needed.
In order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas. Duleek is located in the Drogheda school planning area in which there are 27 primary schools and 7 post-primary schools.
As the Deputy may be aware, a new 1,000 pupil post-primary school, Ballymakenny College, opened in the Drogheda school planning area in 2014. Two new post-primary schools also opened in County Meath, Colaiste na Mí, Navan in 2013 and De Lacy College, Ashbourne, in 2014, both of which will cater for 1,000 pupils each. In addition, Beaufort College, Navan will be expanding to 870 pupils and a building project for this extension is currently under construction.
My Department is keeping all school planning areas under review to take account of updated child benefit data, enrolment data and also the impact of existing and planned capacity increases in the Drogheda school planning area and adjoining school planning areas.
Schools Building Projects Status
Questions (42)
Niamh Smyth
Question:42. Deputy Niamh Smyth asked the Minister for Education and Skills if he will prioritise the development of a new school (details supplied) in the interest of staff and pupils; and if he will make a statement on the matter. [31576/17]
View answerWritten answers
The Deputy will be aware from Deputy Phelan's answer to her last week of the current status of this project.
The Stage 2(b) Detailed Design Report was recently submitted to my Department by the Board of Management and its Design Team. Following receipt of that submission, my Department authorised the Board of Management to instruct its Design Team to commence the pre-qualification process for the assessment of suitably qualified contractors to which the project can be tendered. This authorisation was granted by my Department in order to expedite the tender process for this project by running the pre-qualification in tandem with the finalisation of Stage 2(b). The Design Team has commenced this process and the closing date for the e-tenders advertisement was 19 June 2017. The Design Team has informed my Department that it expects to complete its assessment of the pre-qualification submissions in the coming weeks and will then submit its report on the shortlist of contractors to my Department.
Following examination of the Stage 2(b) Report, it became apparent that the submission was incomplete and some additional items which should have been included in the original submission, were requested by my Department. A revised submission has been received which is currently under review. Upon completion of the review of the revised 2(b) submission my Department will immediately revert to the school with a timeframe to proceed to tender and construction stage.
The Stage 2(b) submission is an extremely vital part in the design process and is the final stage prior to the seeking of tenders for the construction of the school building.
Physical Education Facilities
Questions (43)
James Browne
Question:43. Deputy James Browne asked the Minister for Education and Skills the position regarding the funding of indoor spaces for physical education in a primary school (details supplied) [31771/17]
View answerWritten answers
I wish to advise the Deputy that my Department has no record of receiving an application from the school in question relating to the matter to which he refers.
The Deputy will be aware that my Department provided significant capital funding to the school for the construction of 4 mainstream classrooms and resource rooms under my Department's prefab replacement initiative and this building project was completed in 2014.
The Deputy will also be aware that my Department’s current priority, within the limited funding available, is the provision of essential classroom accommodation in areas where significant demographic need has been established to ensure that each child will have access to a physical school place. The Deputy will therefore appreciate that all applications for capital funding must be considered in the context of the existing challenging financial circumstances, where funding must of necessity, be prioritised for this purpose and to provide mainstream classroom accommodation where additional teachers are being appointed.
School Accommodation Provision
Questions (44)
Bernard Durkan
Question:44. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which he remains satisfied regarding the ability of his Department to meet the full requirements in terms of new school buildings and the upgrading of facilities at existing schools at primary and second level in all areas throughout the country with particular reference to demographic pressure; and if he will make a statement on the matter. [31752/17]
View answerWritten answers
I wish to advise the Deputy that my Department uses a Geographical Information System (GIS) to identify where the pressure for school places across the country will arise. In order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas. The GIS uses data from a range of sources, including the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and my Department's own databases. With this information, my Department carries out nationwide demographic exercises at primary and post-primary level to determine where additional school accommodation is needed. My Department is currently in the process of completing demographic exercises nationwide. This process is detailed and rigorous and will take some time to complete. It is anticipated that decisions based on these exercises will be announced later in 2017.
My Department's 6 Year Capital Programme prioritises building projects for areas where significant additional school places are required. The Capital Programme also provides for devolved funding for additional classrooms, if required, for schools where an immediate enrolment need has been identified or where an additional teacher has been appointed.
Third Level Admissions Data
Questions (45)
James Lawless
Question:45. Deputy James Lawless asked the Minister for Education and Skills his projections for growth in higher education student numbers over the next decade; the way in which he proposes that demand will be met; the projected costings involved; and if he will make a statement on the matter. [31572/17]
View answerWritten answers
My Department is currently forecasting an increase of the order of 25% in full time student demand in DES aided third level institutions between 2015 – 2029.
The need for the additional funding for the Higher Education sector to address these demographic and other pressures was clearly identified in the report of the Expert Group on Future Funding for Higher Education which was published in 2016.
The Expert Group report sets out a number of funding options for the sector. I referred the Expert Group report to the Joint Committee on Education and Skills for its consideration and in order to build political consensus on the most appropriate sustainable future funding model for higher education. I look forward to receiving the recommendations from the Joint Committee once they have concluded their consultation and engagement with relevant stakeholders.
Following the publication of the Expert Group’s report, I took immediate steps to increase funding for higher education to address, inter alia, rising demographics, with an additional €36.5 million being secured in 2017.
Provision is also being made in the Department’s expenditure ceiling in 2018 and 2019 for further investment and, cumulatively, in the period 2017 – 2019, this represents an additional €160 million Exchequer investment in higher education. Elements of this multi-annual funding provision will continue to be directed at meeting the costs of demographic increases.
In addition, my Department and the Department of Public Expenditure and Reform are currently exploring the potential for a proposed Exchequer-Employer investment mechanism for higher education and further education and training. The proposal under consultation seeks to deliver up to an additional €200m per annum by 2020 through an increase in the National Training Fund levy.
In addition, the HEA is undertaking a review of the model for allocating recurrent grant funding to universities, institutes of technology and colleges. This will ensure that the model by which funding is allocated to our Higher Education Institutes is as efficient, effective and responsive as possible.
School Admissions
Questions (46)
Ruth Coppinger
Question:46. Deputy Ruth Coppinger asked the Minister for Education and Skills his views on the way in which ending religious discrimination in school admissions can be achieved; his further views on changes to the way in which religious instruction is taught to ensure there is no religious discrimination in the course of a school day; and if he will make a statement on the matter. [31795/17]
View answerWritten answers
As the Deputy will be aware, earlier this year, I ran a public consultation process on the role of denominational religion in the school admission process and possible approaches for making changes, to which I received almost 1,000 submissions.
On Monday 29 May 2017 I held a public Forum on the role of religion in primary school admissions, which was attended by over 120 individuals.
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, and in fact this is already the practice in most 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.
With regard to attending religious instruction, under the Constitution children have a right to attend school without attending religious instruction. Parents therefore have a right to have their children opt out of religion classes and it is expected that this right will be upheld by schools on foot of a parental request. This applies at both primary and post primary levels.
The Education (Admission to Schools) Bill includes a specific requirement that school enrolment policies must include details of the school’s arrangements for any students who do not wish to attend religious instruction. This is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard.
In terms of the practical arrangements by which schools ensure that the right to opt out of religion classes is accommodated, these are a matter for each individual school.
I am aware that on occasion there can be practical issues around supervision and arranging class times and these have to be considered by schools at local level and worked through in a pragmatic way. Circumstances vary from school to school and from primary to post-primary. The precise nature of the arrangements therefore have to be considered by each school having regards to the particular circumstances in question including factors such as the numbers of children involved, the ages of those children and the availability of staff and physical space in the school concerned.
The Catholic Schools Partnership developed in 2015 a resource for Catholic schools entitled ‘Catholic Primary Schools in a Changing Ireland: Sharing Good Practice on Inclusion of All Pupils’. It gives suggestions on developing polices and sharing best practice with regard to inclusion of all pupils and gives practical suggestions to schools in how to engage positively in inter-cultural dialogue.
In my view, the best way of dealing with this matter to the satisfaction of whole school community is by schools communicating with parents to ascertain what their wishes are in this regard. As the Deputy may be aware, a key aspect of the Parents and Students Charter Bill concerns how schools communicate with parents and this may provide a more appropriate opportunity for dealing with this particular issue.
Schools Building Projects Status
Questions (47)
Peter Burke
Question:47. Deputy Peter Burke asked the Minister for Education and Skills if there have been further delays regarding the development of a school (details supplied); the way in which these delays can be managed to ensure the school is still ready for September 2018 in view of the significant delays already experienced by the project; and if he will make a statement on the matter. [31626/17]
View answerWritten answers
I am pleased to inform the Deputy that, earlier this week, my Department gave approval to Westmeath County Council to issue a letter of intent to award a contract for the project to which he refers. Subject to there being no issues with the preferred bidder complying with the terms of the letter of intent, the project should commence on site shortly. The contract for the project is 12 months and it is envisaged that the building should be completed for September 2018.
Special Educational Needs
Questions (48)
Richard Boyd Barrett
Question:48. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the status of the commitments in the programme for Government to improve the lives of persons with disabilities. [29820/17]
View answerWritten answers
As committed to in the Programme for a Partnership Government, I am examining the adequacy of the present policies and provision in relation to people with disabilities, and their scope for improvement .
In doing so, I will take into account the recommendations contained in the National Council for Special Education (NCSE) policy advice papers.
The Programme for a Partnership Government commits that we will invest additional resources in the National Educational Psychological Service to ensure earlier intervention and access for young children and teenagers and to offer immediate support to schools in cases of critical incidents. The Programme commits to bring the total number of NEPS psychologists to 238 from the current sanctioned limit of 173. A recruitment process is currently underway to bring the numbers of NEPS Psychologists to currently approved numbers.
The Programme also includes a commitment to introduce a new in-school Speech and Language Therapy service, creating stronger linkages between parents, teachers and Speech and Language Therapists. The programme also commits to bring the number of Speech and Language Therapists up to 1,102 (a 25% increase).
As Speech and Language Therapists are currently employed by the Health Service Executive (HSE), officials at my Department are currently engaging with colleagues in the Department of Health and the HSE to review the existing level of Speech and language therapy provision and to conduct an audit of services nationally. The review of existing services will guide the implementation of the Programme for Government commitment.
In line with the recommendations of the Focussed Policy Assessment of the SNA Scheme in 2016, the Government decided to proceed with a comprehensive assessment of the SNA Scheme, currently being undertaken by the NCSE, in consultation with other Departments and State Agencies, including the National Disability Authority, to identify the most appropriate form of support options to provide better outcomes for students with Special Educational Needs, having regard to the significant amount of State investment in this area.
In response to a progress report from the NCSE on the comprehensive review, 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.
In addition, the National Council for Special Education (NCSE) Policy Advice on Educational Provision for Children with Autism Spectrum Disorders was published in July 2016. The NCSE consulted widely with parents, professionals and other stakeholders and interested parties while also conducting research. The Policy advice is available on the NCSEs website www.ncse.ie.
My Department has convened an Implementation Group with representatives of the NCSE, NEPS, the Inspectorate and external representatives to ensure that the Report’s recommendations are fully and appropriately considered and that a timetable for implementation is prepared. The work of the Implementation Group is ongoing.
Schools Site Acquisitions
Questions (49)
Charlie McConalogue
Question:49. Deputy Charlie McConalogue asked the Minister for Education and Skills the progress made regarding securing a site for the three school campus in Buncrana, County Donegal; when a site is expected to be purchased; the timeframe for works to be completed; and if he will make a statement on the matter. [31565/17]
View answerWritten answers
As the Deputy is aware the project in respect of the education campus in Buncrana is included on my Department's capital programme.
A preferred site option has been identified and officials from Donegal County Council, on behalf of my Department, have engaged in discussions with the landowner in question with a view to its acquisition, including on potential costs of acquisition. These discussions are progressing subject to clarification on some technical details which are currently under consideration.
Due to the commercial sensitivities attaching to site acquisitions generally, it is not possible to provide any further information at this time. I can assure the Deputy that all parties are working to progress this process to a satisfactory conclusion as soon as possible.
Once the site acquisition is complete the project to deliver the schools will progress into architectural planning.
Higher Education Authority
Questions (50)
Alan Kelly
Question:50. Deputy Alan Kelly asked the Minister for Education and Skills the reason board appointments are not being filled in the HEA; and his views on whether the organisation is adequately resourced to function. [31573/17]
View answerWritten answers
The HEA Board currently comprises a Chairperson and 12 ordinary members. This includes two members who were reappointed to the Board recently.
The Minister is also inviting expressions of interest, through the Public Appointments Service, for a further two academic members. This application process is currently underway and the closing date for expressions of interest is 7 July.
Once these positions are filled, the Board of the HEA will comprise a Chair and 7 academic and 7 non-academic members. This satisfies the minimum number of Board members statutorily provided for under the HEA Act, 1971.
I am satisfied that the Board of the HEA is functioning effectively. However, in general, I am in favour of keeping state boards as small as possible and I will be looking to provide, through future legislation, for a reduced minimum size of the HEA Board.
In relation to resourcing of the organization more generally, my Department works closely with the HEA to ensure that its staffing requirements are met, within the provisions of the delegated sanction that has been agreed with the HEA and in the context of workforce planning requirements.
Primary Online Database
Questions (51)
Joan Burton
Question:51. Deputy Joan Burton asked the Minister for Education and Skills the detail of his Department’s inspection and supervision of the primary online database system, its function in respect of assessing school needs, appropriate funding and allocations of the capitation grant; and if he will make a statement on the matter. [31561/17]
View answerWritten answers
The purpose of POD is to monitor the progress of children through the education system in order to ensure that every student can meet their educational potential, and to ensure that every child of compulsory school age is in receipt of an education. POD data will underpin the provision of education in primary schools, with grant payments and teacher allocations to schools based on the individually verified data.
The PPS number will be used as the unique pupil identifier on POD. This will allow for a child’s educational history to be maintained accurately as they move school, as well as ensuring that there are no duplicate enrolments in the system. The PPS number will be obtained from the school and used to validate the identity of the pupil using the Department of Public Expenditure and Reform PPSN Checker service.
Each school can access only their own pupil’s records on POD. Within the Department of Education, access to the individualised information recorded on POD is restricted to a small number of staff within the Statistics Section.
While the database is hosted by and data will be accessible to the Department of Education and Skills, the pupils’ data is provided and kept up to date by the schools in which the pupils are enrolled.
This database contains the following individualised information on pupils in primary schools.
PPSN, Name, Address including Eircode, Birth Cert Name, Date of Birth, Gender, Mother’s Birth Cert Name, Standard, Class, Nationality, Enrolment Date, Enrolment Source, Leaving Date, Leaving Destination, Integrated Indicator, Irish Exemption Indicator, Pupil Type, Special Class Type, Mother Tongue, Ethnic/Cultural Background, Religion
The system allows schools to make online returns to the Department of Education and Skills (DES) and provides the Department with the comprehensive and in-depth information needed to develop and evaluate educational policy.
What is it used for
- Completion of the National School Annual Census – As of September 2016 POD is the mechanism for schools to complete the Annual Census
- Teacher allocation and payment of capitation and other grants – Information submitted through the Annual Census forms the basis for teacher allocation, capitation and grant payments for each school
- Resource allocation and planning purposes
- Statistical Information - POD is the source of statistical information for the primary school sector
- Register of pupils – POD has removed the need for schools to maintain a hardcopy of their school’s Clárleabhar, as all necessary information is recorded on the system
- Centralised updating of school information – POD provides a single point for schools to view and correct the details held by the Department.
Schools Building Projects Status
Questions (52)
Brendan Smith
Question:52. Deputy Brendan Smith asked the Minister for Education and Skills if he will give urgent consideration to the ongoing requests of the board of management and parents' association to have a building project (details supplied) proceed to construction stage at an early date. [31732/17]
View answerWritten answers
The Stage 2(b) Detailed Design Report was recently submitted to my Department by the Board of Management and its Design Team. Following receipt of that submission, my Department authorised the Board of Management to instruct its Design Team to commence the pre-qualification process for the assessment of suitably qualified contractors to which the project can be tendered. This authorisation was granted by my Department in order to expedite the tender process for this project by running the pre-qualification in tandem with the finalisation of Stage 2(b). The Design Team has commenced this process and the closing date for the e-tenders advertisement was 19 June 2017. The Design Team has informed my Department that it expects to complete its assessment of the pre-qualification submissions in the coming weeks and will then submit its report on the shortlist of contractors to my Department.
Following examination of the Stage 2(b) Report, it became apparent that the submission was incomplete and some additional items which should have been included in the original submission, were requested by my Department. A revised submission has been received which is currently under review. Upon completion of the review of the revised 2(b) submission my Department will immediately revert to the school with a timeframe to proceed to tender and construction stage.
The Stage 2(b) submission is an extremely vital part in the design process and is the final check prior to the seeking of tenders for the construction of the school building.
School Accommodation Provision
Questions (53)
Clare Daly
Question:53. Deputy Clare Daly asked the Minister for Education and Skills the action he has taken to alleviate the primary school accommodation crisis for parents living in west Swords in view of the over subscription for a school (details supplied) and the growing demographics that indicate the need for a significant expansion of primary school places for this area of Swords. [31726/17]
View answerWritten answers
As the Deputy will be aware, there are 13 primary schools serving the Swords area. My Department has been in direct contact with a number of these schools in respect of their junior infant capacity. In that regard it is understood that two schools in the area have junior places available should parents wish to avail of them for September 2017.
As the Deputy will appreciate, it is important that school size is monitored and that a balance is preserved among all schools in school planning areas to ensure that one school is not expanding at the expense of another school. While the situation may result in some pupils not obtaining a place in the school of their first choice, the Deputy will appreciate that my Department’s main responsibility is to ensure that the existing schools in the area can, between them, for this coming September cater for the demand for Junior Infant places.
My Department is also currently reviewing the demographic data for this area with regard to future needs. This review takes account of updated data from CSO, enrolment and child benefit data. This review is currently ongoing as part of the overall demographic analyses of all school planning areas nationwide at primary and post primary level to determine where additional school accommodation is needed. This process is detailed and rigorous and will take some time to complete. It is anticipated that decisions based on the review will be announced later in 2017.
Capitation Grants
Questions (54)
Joan Burton
Question:54. Deputy Joan Burton asked the Minister for Education and Skills the detail of his Department’s work in seeking to increase the capitation grant per pupil in budget 2018; and if he will make a statement on the matter. [31562/17]
View answerWritten answers
The Action Plan for Education outlines hundreds of actions to be implemented over the 3 year period 2016 to 2019 which include restoring capitation funding as resources permit.
Budget 2017 represents the start of a major programme of reinvestment in education, and the first phase of implementation of the Action Plan for Education, aimed at becoming the best education system in Europe within a decade. Budget 2018 will be the next opportunity to build on the progress made in 2017.
The process is under way for restoring grant funding that is used by schools to fund the salaries of ancillary staff. The ancillary grant was increased by €6 in 2016 and €5 in 2017 in order to enable primary schools implement the arbitration salary increase for grant funded school secretaries and caretakers and to also implement the restoration of salary for cleaners arising from the unwinding of FEMPI legislation. A similar type approach in relation to improvements in grant funding was applied, as appropriate, at post-primary level.
In relation to capitation funding this commitment remains a priority for me to address during the lifetime of the Action Plan. Work is underway in relation to the annual budgetary process; the outcome of this process is announced on Budget day.
Special Educational Needs Staff
Questions (55)
Mick Wallace
Question:55. Deputy Mick Wallace asked the Minister for Education and Skills his plans to bring forward the date of allocating SNA resources to schools to March-April as recommended by an organisation (details supplied); and if he will make a statement on the matter. [31700/17]
View answerWritten answers
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 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 allocation which has been made to they may do so through the NCSE appeal process, details of which are set out at www.ncse.ie.
The method of provision for the additional posts this year has been similar to that for the past six years when decisions were made in late June or early July. This is not a satisfactory approach and we intend that in this year’s estimates, provision will be made for the anticipated extra need in the same way as for other elements of the education system.
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.
The 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.
In 2017 my Department will invest €1.68 billion in special education, almost one fifth of the entire education budget. This is a 32% increase since 2011.
- The number of Special Classes has increased by 120% with over 600 new special classes opened since 2011. Approximately 1,150 special classes are now in place with 164 new Special Classes to be opened for the coming 2017/18 school year.
- The new model for allocating Resource Teachers to schools has been successfully introduced, with 900 additional teacher allocated from September 2017, bringing the number of Special Education Teaching posts in mainstream primary and post primary schools to over 13,400 for the 2017/2018 school year, to support the model and to ensure that children with special needs can access additional teaching supports.
- over 1,400 teachers in 125 special schools
- Assistive technology/specialised equipment.
- Special school transport arrangements.
- Enhanced capitation grants for special schools and special classes attached to mainstream primary and post primary schools.
- Modification of school buildings.
- Special Arrangements for State Examinations.
ESF Aided Fund for Students with Disabilities at third level.
- Vocational Training for people with disabilities.
- Adult Education – once off projects for disability in education.
The aim of this Government is to continue to use our economic success to ensure that children with special educational needs can be supported to fully participate in schools and fulfil their potential.
Copyright Infringement
Questions (56)
Michael Healy-Rae
Question:56. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will address a matter (details supplied) regarding fees to an organisation for each night of live music; and if she will make a statement on the matter. [31904/17]
View answerWritten answers
In general, playing music in public places is an act that is governed by copyright law. The relevant legislation is the Copyright and Related Rights Act, 2000 (the CRRA). This legislation gives the owners of copyright works, which includes musical works, certain rights over the use of their works. If covered by copyright, the act of making the musical work available in public is a restricted act. In the context of music, this applies on two levels: making available in public recorded music that is owned by record companies, including also the performers involved in the recording; separately, songwriters, composers and music publishers are entitled to copyright protection where their works are made available in public. It is for this reason that premises such as those referred to by the Deputy need to be licensed for the use of musical recordings that are broadcast via radio, tv etc. and, separately for the public performance of live acts or recorded music on the premises.
The CRRA provides the means for copyright holders to engage with Collective Management Organisations to represent their rights in relation to the public use of their copyright protected works. These organisations are responsible for the collection and distribution of royalties to their members and operate under licence obtained from the Controller of Patents, Designs & Trade Marks, which licence is renewable annually.
The Irish Music Rights Organisation (IMRO) is a collecting organisation that operates as a licensed body under the CRRA and it represents the rights of its members i.e. songwriters, composers and music publishers in Ireland. Music users such as broadcasters, licensed premises where music is played etc. are required by law to pay for the use of copyright music. Phonographic Performance Ireland (PPI) is also a licensed body under the CRRA that represents the rights of record companies and performers.
IMRO, through an agency arrangement with PPI, introduced a new system of music licensing for business. This new system of ‘dual licensing’ came into effect on 1 January 2016 with the intention of simplifying the licensing process for music users. Under this new arrangement IMRO administers the granting of copyright music licences, collection of royalties, and related activities on behalf of both organisations. The new arrangement enables business to obtain the appropriate copyright music licences by making a single payment.
As Minister, I do not have any function in the setting of tariffs charged by organisations representing the rights of copyright holders. However, it is open to a person affected by such charges to refer a dispute in relation to a licensing scheme to the Controller of Patents, Designs and Trade Marks, who has certain statutory functions in this area under the CRRA.
Section 152 of the CRRA provides that where a dispute arises between the operator of a licensing scheme concerned with copyright works and a person claiming that he or she requires a licence under the scheme, that person or operator may refer the scheme to the Controller for determination.
The legislation provides the Controller with two options for dealing with the referral. The Controller can consider the matter referred and make an order, confirming or varying the scheme. Alternatively, the Controller may refer the matter to an arbitrator for consideration. The procedures to be followed and fees payable in relation to references to the Controller are set out in the Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (S.I. No. 20 of 2009).
Both the CRRA and the Copyright and Related Rights (Proceedings before the Controller) Rules 2009 (S.I. No. 20 of 2009) are available on my Department’s website at https://www.djei.ie/en/What-We-Do/Innovation-Research-Development/Intellectual-Property/Legislation/ or by clicking here: IP Legislation page.
Employment Rights
Questions (57)
Bríd Smith
Question:57. Deputy Bríd Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will commission an investigation into work conditions in the film industry and the possible misuse of the trainee system to ensure that there are no breaches of employment laws including the Protection of Employees (Fixed Term Working) Act 2013; and if she will make a statement on the matter. [31846/17]
View answerWritten answers
I understand that the Deputy raised the matter of the possible misuse of the trainee system in the film industry in the context of the film tax relief scheme in a recent Dáil Question to the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, who has responsibility in this area. I understand further that the Minister asked the Deputy to provide details of the possible misuse and undertook to have the matter examined by the Department of Arts, Heritage, Rural and Gaeltacht Affairs.
From an employment rights point of view, Ireland has a comprehensive body of employment protection legislation designed to protect employees engaged under different types of employment arrangements.
The Protection of Employees (Fixed-Term Work) Act 2003 provides that fixed-term employees may not be treated less favourably than comparable permanent employees, unless the employer can objectively justify the different treatment. Less favourable treatment of a worker may be objectively justified if it is for the purpose of achieving a legitimate objective of the employer and such treatment is appropriate and necessary for that purpose. However, any justification offered cannot be connected with the fact that the employee is on a fixed-term contract.
The 2003 Act also establishes a framework to prevent abuses arising from the use of successive fixed-term employment contracts. The Act provides that where an employee has been on two or more continuous fixed-term contracts, the total duration of those contracts may not exceed four years. After this, if the employer wishes to renew the employee’s contract, it is deemed to be a contract of indefinite duration unless there are objective grounds justifying the renewal of the contract for a fixed term only.
The Unfair Dismissal Act 1977 as amended contains a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. It provides that where a fixed-term or specified-purpose contract expires and the individual is re-employed within 3 months, the individual is deemed to have continuous service for the purposes of that Act.
All employers, including those in the film industry, carry the same obligations in relation to compliance with employment law. Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. Should the Deputy be aware of specific cases where there are breaches of employment laws she may wish to contact the WRC directly.
Employment Rights
Questions (58)
Bríd Smith
Question:58. Deputy Bríd Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation her views on whether the refusal of 40 security companies to pay the recent increase set by the ERO for the security industry undermines such orders; the steps she will take to ensure workers receive this increase; and if she will make a statement on the matter. [31847/17]
View answerWritten answers
Deputy as previously advised, the Inspection and Enforcement Services of the Workplace Relations Commission (WRC) monitor employment conditions to ensure compliance with and, where necessary, the enforcement of employment rights legislation.
Prior to 1 June last, SI No. 417 of 2015 Employment Regulation Order (Security Industry Joint Labour Committee) 2015, which came into operation on 1 October 2015 applied in the Security Sector. The following table sets out the detail relating to inspections carried out in the Security Sector between 1 October 2015 and 31 May 2017:
|
Security Sector |
No. Inspections |
No. of Employers in Breach |
|
Oct-Dec 2015 |
3 |
2 |
|
2016 |
17 |
5 |
|
2017 (to 31 May) |
5 |
2 |
Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (SI No. 231 of 2017) came into effect from 1 June last and revokes the 2015 Order.
A similar number of inspections will be carried out in the sector this year under the new order as were previously carried out under the 2015 Order.
Employees in the sector who feel that their employment rights have been contravened can make a complaint to the Workplace Relations Commission. The Commission’s Information Officers may also be contacted at 1890 808090 or through the website www.workplacerelations.ie for information on employment rights and entitlements.
The Workplace Relations Commission has been advised that there is evidence to suggest that a number of security companies have indicated their intention not to implement the provisions of the Employment Regulation Order (Security Industry Joint Labour Committee) 2017 though it is not aware of the identities of the companies concerned. I would ask you Deputy to pass on any information you have to the Workplace Relations Commission about alleged non-compliance with the Order.
The Private Security Authority (PSA) is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA is an independent body under the aegis of the Department of Justice and Equality and my Department is represented on its Board.
It has, in accordance with the Private Security Services Acts 2004 and 2011, a statutory mandate which includes:
Granting and renewing licences.
Issuing identity cards to licensees.
Suspending and revoking licences.
Establishing and maintaining a register of licensees.
Specifying standards to be observed in the provision of security services.
Specifying qualifications or requirements for the granting of licences.
It sets down the requirements which contractors are expected to meet and maintain in order to comply with the licensing regulations of the Authority. One such requirement is compliance with relevant legislation. The Employment Regulation Order that’s in place for the sector falls into this category.
Employers that do not comply therefore with the terms of the Employment Regulation Order risk having their licenses suspended or revoked. If this were to happen then the employer concerned would no longer be able to legally operate in the Security Sector.
IDA Ireland Site Visits
Questions (59)
Niall Collins
Question:59. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the number of IDA client visits to each county in 2017, by month, in tabular form; and if she will make a statement on the matter. [31962/17]
View answerWritten answers
IDA Ireland maintains statistics of site visits by potential investors on a quarterly basis only. In the first quarter of 2017, there were 173 site visits, up from 136 for the same period in 2016. It is expected that data on site visits for quarter two 2017 will be available at the end of this month.
The table sets out, on a county-by-county basis, the number of IDA Ireland-sponsored site visits for quarter one 2017. Earlier this week I attended the launch of IDA’s 2017 half-year results where the IDA reaffirmed its target of increasing investment in each region of Ireland by 30%-40% by 2019. In 2016, almost two thirds of new jobs created by Enterprise Ireland-supported companies, and over half of those created by IDA-supported companies, were outside Dublin. Based on current data all regions are on target to meet or exceed the job targets set down to be delivered by 2020 in each regional action plan for jobs
Site Visits by County for Quarter 1 2017
|
County |
Q1 2017 |
|
Carlow |
3 |
|
Cavan |
0 |
|
Clare |
10 |
|
Cork |
9 |
|
Donegal |
1 |
|
Dublin |
82 |
|
Galway |
23 |
|
Kerry |
1 |
|
Kildare |
2 |
|
Kilkenny |
2 |
|
Laois |
0 |
|
Leitrim |
1 |
|
Limerick |
10 |
|
Longford |
0 |
|
Louth |
5 |
|
Mayo |
0 |
|
Meath |
0 |
|
Monaghan |
1 |
|
Offaly |
1 |
|
Roscommon |
1 |
|
Sligo |
2 |
|
Tipperary |
5 |
|
Waterford |
3 |
|
Westmeath |
9 |
|
Wexford |
1 |
|
Wicklow |
1 |
|
Total |
173 |
Action Plan for Jobs
Questions (60)
Niall Collins
Question:60. Deputy Niall Collins asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the regional job targets and unemployment rate projections under the programme for Government for 2020 and Enterprise 2025, by year and by region, in tabular form; the latest figures at hand for these targets; the monitoring and reporting mechanisms in place; her job targets up to 2020 by region; and if she will make a statement on the matter. [31965/17]
View answerWritten answers
The Programme for Partnership Government commitment is to support the creation of 200,000 jobs by 2020, including 135,000 jobs outside of Dublin.
Regional job creation targets have been set through the Regional Action Plan for Jobs, the primary objective of which is to have a further 10 to 15 per cent at work in each region by 2020, with the aim, as set out in Enterprise 2025, of having the unemployment rate of each region within one per cent of the national average.
In keeping with the medium to longer term ambition of the Regional Plans, these targets are not broken down on a yearly basis.
The published targets for jobs to be created, in addition to the latest employment data from the CSO showing job creation and current unemployment rates, for each of the 8 NUTS III regions, is laid out in the following table:
|
Region |
Published Regional APJ targets by 2020 |
Net new jobs created Q1 2015 –Q1 2017 |
Unemployment Rate at Q1 2017 |
|
North East/North West |
28,000 |
4,700 |
7.5% |
|
Midland |
14,000 |
7,300 |
7.8% |
|
West |
25,000 |
17,900 |
6.9% |
|
Dublin |
66,000 |
42,300 |
6.3% |
|
Mid-East |
25,000 |
9,000 |
5.0% |
|
Mid-West |
23,000 |
9,300 |
6.8% |
|
South-East |
25,000 |
12,400 |
9.3% |
|
South-West |
40,000 |
12,700 |
5.9% |
|
State Total |
246,000 |
115,600 |
6.7% |
The unemployment rate has fallen in all regions in the past year while, during the same period, more than three out of every four new jobs created were outside Dublin. In 2016, almost two thirds of new jobs created by Enterprise Ireland-supported companies, and over half of those created by IDA-supported companies, were outside Dublin. Based on current data all regions are on target to meet or exceed the job targets set down in 2015 for each region to be delivered by 2020.
Each Regional Action Plan is being monitored and driven by a local Implementation Committee, comprising representatives from the Enterprise Sector, as well as the Local Authorities, Enterprise Agencies, and other public bodies in the region. Collaboration between the private and the public sector has been a core element in each plan’s development, and is central to each plan’s delivery.
Progress Reports are being published twice yearly. First Progress Reports for all plans were published in December 2016. Second progress reports from 5 of the 8 regions were published on 26 June 2017, with the remaining 3 currently being finalised.