Dáil Éireann Debate, Wednesday - 25 October 2017
49. Deputy Kathleen Funchion asked the Minister for Education and Skills the service monitoring the SNA sector which is in place to ensure that SNAs and trainees are being treated fairly in their employment. [45004/17]
View answerWhat service is in place to monitor that SNA sector to ensure they and trainees are being treated fairly in their employment?
The terms and conditions of employment for SNAs are outlined in their contracts of employment. These contracts were agreed with the school management authorities and the relevant trade unions representing SNAs, IMPACT and SIPTU, prior to their introduction in 2005. The agreement reached between the parties found expression in the two circular letters issued in 2005 detailing the contracts of employment for SNAs.
The contract of employment is augmented by all of the relevant departmental circulars governing special needs assistants, which detail the standardised terms and conditions of employment for SNAs. From time to time, these circulars are amended and new circulars are issued by my Department.
In addition, my Department has implemented a nationally agreed set of grievance procedures for SNAs which can be invoked by an SNA, with an employer, to deal, where appropriate, with issues such as school rules, policies and procedures or practices. Department of Education and Skills, DES, circular 72/2011 - Grievance and Disciplinary Procedures for Special Needs Assistants in Recognised Primary and Post-Primary Schools - refers.
If, upon conclusion of the grievance process, the grievance remains unresolved, the SNA may refer the matter to the Workplace Relations Commission through the normal dispute resolution channels.
As is the case for certain other employees, SNAs have the right to submit or refer complaints in relation to contraventions of or disputes relating to entitlements under employment, equality and equal status legislation to the Workplace Relations Commission for resolution and agreement.
Are the special education needs organisers, SENOs, who oversee special needs assistants responsible for them? Several people have contacted our office about an anomaly in the sector whereby many who have been in a job for quite a long time but whose hours might have been reduced are penalised if they get work in another special needs role because they are unable to carry forward their yearly increments. If a full-time role comes up in a school, those who have been trainees there for several years are able to get that role ahead of those in an existing position in the school. Should the SENO or the school principal and the board of management be the first point of contact for special needs assistants? Which is in charge on this issue?
The school is the employer and the SENO is an adviser who helps assess children's individual needs. SENOs do not have a role in the deployment of SNAs. As I said in reply to Deputy Paul Murphy, a panel is in place that has resulted in a substantial improvement in the successful placement of SNAs who have to move from a school because of a changed needs profile. The number getting a successful placement has increased from 10% to 54%. The panel arrangement also provides that if additional hours come up, a person with reduced hours gets preferential access to them. The existing procedure through the panel arrangement makes provision for the concerns the Deputy has outlined. If she wishes to send me details of a particular query I will have it clarified for her.
I thank the Minister for his reply. Can members of the panel carry forward their yearly increments? I might submit further details to the Minister's office but there seems to be a difficulty on that issue. It is possible there is some confusion but SNAs do not believe they can carry forward their yearly increments. If the Minister cannot clarify that now, I will submit it to his office at a later stage.
An incremental scale comprising approximately 15 steps starts at approximately €23,000 and goes up to €38,000. Perhaps it would be better for the Deputy to send me the detail of how increments are earned in order that I can clarify the policy for her.
