Written Answers Nos. 84-96
84. Deputy Paul Murphy asked the Minister for Public Expenditure and Reform the due diligence measures taken on companies to which State contracts are awarded; and if he will make a statement on the matter. [2635/18]
View answerPublic Procurement is governed by EU legislation and National rules and guidelines. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.
When carrying out procurement procedures, contracting authorities require suppliers to comply with a wide variety of legislation in areas that would include taxation, social policy, the environment and employment law. Compliance with the legislation covering these areas is rightly a matter for the relevant Departments and/or Agencies.
Recently revised public procurement procedures require applicants to meet certain standards when applying for public contracts. The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 57 of S.I. No. 284 of 2016 – European Union (Award of Public Authority Contracts) Regulations 2016 and Article 57 (4a) and Recitals (100) and (101) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. Before an applicant, in relation to certain breaches, is excluded, they may make a case and provide supporting evidence as to why it should not be excluded. The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances (e.g. participation in a criminal organisation, corruption, terrorist offences etc.) outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.
The Office of Government Procurement (OGP) has responsibility for developing and setting out the overarching policy framework for public procurement in Ireland. In this regard, the OGP has developed the National Public Procurement Policy Framework which consists of 5 strands:
- Legislation (Directives, Regulations)
- Government Policy (Circulars, etc.)
- Capital Works Management Framework for Public Works
- General Procurement Guidelines for Goods and Services
- More detailed technical guidelines, template documentation and information notes as issued periodically by the OGP
This framework enables a more consistent approach to public procurement across the public sector by setting out the procurement procedures to be followed by public bodies.
In July last year, my colleague, Minister of State Patrick O’Donovan, launched new Public Procurement Guidelines for Goods and Services. This comprehensive interpretation of the public procurement directives has been designed to improve consistency and promote best practice in the application of the public procurement rules. Whilst these guidelines have been designed to facilitate Public Bodies in meeting their corporate governance requirements in relation to procurement, it is the responsibility of each contracting authority to ensure that they comply with EU and national rules in this regard.
85. Deputy Niall Collins asked the Minister for Public Expenditure and Reform the Ministers and Ministers of State in the Thirty-second Dáil who are eligible for annual funding under the leader's allowance scheme; the maximum amount that can be paid to each, in tabular form; and if he will make a statement on the matter. [2746/18]
View answerThe Parliamentary Activities Allowance (formerly known as the Party Leader's Allowance) is provided for in the Ministerial and Parliamentary Offices Act 1938 as amended, most recently by the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act, 2014.
The allowance is paid to the parliamentary leader of a qualifying party in relation to expenses arising from the parliamentary activities, including research, of the party. Payments are made in respect of members of the party elected to Dáil Éireann and members elected/nominated to Seanad Éireann at the last preceding general election or a subsequent bye-election or, in the case of Seanad Éireann, nominated to it after the last preceding general election. The legislation also provides that payments may be made to a member of Dáil or Seanad Éireann who is elected other than as a member of a qualifying party - i.e. an Independent member.
The conditions governing entitlement to payment of the allowance are set out in the Act. The primary restriction in the Act on the use of the allowance is that it may not be used in respect of election expenses.
The legislation provides that each party leader and independent member must prepare a statement of expenditure for the allowance, to have it audited by an independent auditor and furnish it with the auditor's report to the Standards in Public Office Commission. Based on the accounts submitted, the Commission is required to make a report in relation to the use of the Parliamentary Activities Allowance and cause a copy of the report to be laid before the Oireachtas.
The amount payable to party leaders is calculated on a tiered basis by reference to the number of party members who are elected or nominated to the Dáil or Seanad and is fixed at the time of the election, or following a bye-election, as follows:
|
Party TDs |
Annual Rate per Member |
Government Parties * |
|
First 10 Members |
€64,368 |
€42,912 |
|
11 to 30 Members |
€51,493 |
€34,329 |
|
More than 30 Members |
€25,754 |
€17,169 |
* The legislation provides that, in the case of a qualifying party forming part of the Government, the combined allowances due in respect of TDs of that party are reduced by one third.
|
Party Senators |
Annual Rate per Member |
|
First 5 Members |
€42,089 |
|
More than 5 Members |
€21,045 |
On that basis, the annual rates currently applicable to political parties are as follows:
|
Party |
Annual Rate per annum |
|
Fianna Fáil |
€2,433,946 |
|
Fine Gael |
€1,964,155 |
|
Sinn Féin |
€1,565,624 |
|
Labour Party |
€618,932 |
|
Solidarity-PBP |
€386,208 |
|
Independents 4 Change |
€257,472 |
|
Social Democrats |
€193,104 |
|
Green Party |
€170,825 |
Independent Members
The annual rates applicable to Independent members are: TD €37,037; Senator €21,045.
The annual rate applicable to Ministers and Ministers of State elected as Independent members of Dáil Éireann - i.e. Ministers Naughten, Ross and Zappone; and Ministers of State Moran, Halligan and McGrath - is €37,037.
86. Deputy Marcella Corcoran Kennedy asked the Minister for Education and Skills his plans to introduce a scheme whereby children experiencing homelessness (details supplied) who are attending school are assisted with the associated cost of transport from their accommodation to their school; and if he will make a statement on the matter. [2434/18]
View answerSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 115,000 children, including almost 12,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.
A minimum number of 10 eligible children residing in a distinct locality, as determined by Bus Éireann, are required before consideration may be given to the establishment of a school transport service, provided this can be done within reasonable cost limits.
Families of eligible children, for whom no transport service is available, may be eligible for the remote area grant towards the cost of making private transport arrangements.
Children who are not eligible for school transport may avail of transport on a concessionary basis subject to a number of conditions which are detailed in the scheme.
The school transport eligibility of children in emergency accommodation is considered in conjunction with Bus Éireann which operates the school transport scheme on behalf of the Department.
87. Deputy Niall Collins asked the Minister for Education and Skills further to Parliamentary Question No. 193 of 14 December 2017, when a reply will issue. [2715/18]
View answerWork is ongoing on collating the information sought in Parliamentary Question No. 193 of 2017. The information will be forwarded to the Deputy as soon as it has been compiled.
88. Deputy Brendan Howlin asked the Minister for Education and Skills the status of an application for school transport on medical grounds in respect of a person (details supplied); and if he will make a statement on the matter. [2408/18]
View answerSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 115,000 children, including almost 12,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
Under the terms of the Primary School Transport Scheme, children are eligible for transport where they reside not less than 3.2 kms from and are attending their nearest national school as determined by the Department/Bus Éireann, having regard to ethos and language.
There may be circumstances where an eligible child with a diagnosed illness or physical disability cannot avail of normal school transport services. In such cases the Department is guided by the Chief Medical Officer and children may be eligible for a Special Transport Grant.
The child referred to by the Deputy is not eligible for school transport as she is not attending her nearest national school.
The terms of the School Transport Scheme are applied equitably on a national basis.
89. Deputy Joan Burton asked the Minister for Education and Skills if his attention has been drawn to the delays experienced in commencing the construction of the permanent buildings of a school (details supplied); and if he will make a statement on the matter. [2452/18]
View answerThe Deputy will be aware that a building project for the school in question is included in my Department's 6 Year Construction Programme.
The acquisition of a suitable site to facilitate the building project for the school's permanent accommodation is being finalised. This will facilitate the progression of the project into the architectural planning process and my Department will be in contact with the school patron at that point.
90. Deputy Catherine Martin asked the Minister for Education and Skills if he has satisfied himself that a sufficient number of primary school places are being provided in the Carpenterstown, Clonsilla and Diswellstown areas of Dublin 15; his plans to request his Department to examine population growth in this area following census 2016 and its implication for primary school demand; and if he will make a statement on the matter. [2459/18]
View answerAs the Deputy may be aware, in order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas. My Department uses a Geographical Information System (GIS) to identify 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 the 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.
Where demographic data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, depending on the circumstances, be provided through either one, or a combination of, the following:
- Utilising existing unused capacity within a school or schools;
- Extending the capacity of a school or schools;
- Provision of a new school or schools.
The areas referred to by the Deputy fall within the Carpenterstown_D15 and Blanchardstown Village_D15 school planning areas. As with other school planning areas nationwide, the demographic data for the areas referred to by the Deputy will be kept under ongoing review by my Department to take account of updated data.
91. Deputy Catherine Martin asked the Minister for Education and Skills further to Parliamentary Question No. 124 of 29 November 2017, the number of students that required these extra options; the geographical areas he is including in north County Dublin; the next step in providing these placement options; and if he will make a statement on the matter. [2460/18]
View answerMy Department provides for a range of placement options and supports for schools which have enrolled students with special educational needs in order to ensure that wherever a child is enrolled, s/he will have access to an appropriate education.
The National Council for Special Education (NCSE) which is a separate independent statutory body, plans and co-ordinates the provision of education and support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE).
The NCSE is aware of emerging need from year to year, and where special provision, including special class or special school provision, is required, it is planned and established to meet that need.
The Deputy is aware that the NCSE has advised my Department that there is an emerging need for additional Special School placement options in the North Dublin area. My Department continues to work with the NCSE to ensure that there is appropriate planning in place to ensure that all children who require special school placements can access such placements. This process is ongoing.
The enrolment of a child in a school is a matter, in the first instance, for the parents of the child and the Board of Management of a school. My Department and the NCSE have no role in relation to processing applications for enrolment to schools.
Accordingly, the NCSE advises Parents to seek to enrol their child by applying in writing to the school/s of their choice as early as possible.
In this regard, where Parents have been unsuccessful in enrolling their child in a special school placement for the 2018/19 school year, they should update their local SENO to inform the planning process.
The NCSE is aware that many parents seek to enrol their child in a number of special schools; as such, an accurate figure on the number of additional placements required for next September will not emerge until Special Schools have completed their 2018/19 enrolment process.
The NCSE is continuing to work with schools, parents, NEPS, health professionals and other staff who are involved in the provision of services in the North Dublin area for children with special educational needs, to ensure that each child has a school placement appropriate to their needs for the 2018/19 school year.
92. Deputy Catherine Martin asked the Minister for Education and Skills if information exists on the number of housing estates in County Dublin which do not fall within the catchment area of a secondary school; and if he will make a statement on the matter. [2461/18]
View answer93. Deputy Catherine Martin asked the Minister for Education and Skills if information exists on the number of housing estates in County Dublin which do not fall within the catchment area of a primary school; and if he will make a statement on the matter. [2462/18]
View answerI propose to take Questions Nos. 92 and 93 together.
It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.
In schools where there are more applicants than places available a selection process may be necessary. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or on the basis of some other criterion. For example, some schools give priority to applicants who have siblings in the school. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. My Department therefore does not hold the information sought by the Deputy.
A school's selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, it may result in some pupils not obtaining a place in their school of first choice.
94. Deputy Joan Burton asked the Minister for Education and Skills the status of the provision of a permanent site for a school (details supplied); and if he will make a statement on the matter. [2472/18]
View answerAs the Deputy may be aware, the project to which she refers is included on my Department’s capital programme.
A potential permanent site option has been identified and this is being progressed. There are a number of matters outstanding which need to be addressed and these are the subject of current discussions.
The school patron will be kept informed of any developments in relation to a permanent site location for the school.
95. Deputy James Browne asked the Minister for Education and Skills his plans to ensure that each child who wishes to attend a Wexford town secondary school will be accommodated; and if he will make a statement on the matter. [2474/18]
View answerI wish to advise the Deputy that the position in relation to school admissions is that parents can choose which school to apply to and, where the school has places available, the pupil should be admitted. However, in schools where there are more applicants than places available, a selection process may be necessary.
This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of an Education and Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. Further information on the Section 29 appeals process is available on the Department's website www.education.ie.
The Educational Welfare Service of the Child and Family Agency (Tusla) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The EWS can be contacted at 01-7718500.
96. Deputy James Browne asked the Minister for Education and Skills if his Department will streamline and revise secondary schools' admissions systems in Wexford town to avoid a multiplicity of offers being made to prospective students; and if he will make a statement on the matter. [2475/18]
View answer98. Deputy James Browne asked the Minister for Education and Skills his plans to introduce a common admission rule for prospective students applying for places at Wexford town secondary schools; and if he will make a statement on the matter. [2477/18]
View answerI propose to take Questions Nos. 96 and 98 together.
As the Deputy will be aware, the Education (Admission to Schools) Bill 2016 was published in July 2016. The Bill, which passed Committee Stage on 28th June 2017 and will shortly proceed to Report Stage, is an important piece of legislation which strives to create a new more parent-friendly, equitable and consistent approach to how school admissions policy operates for the almost 4,000 primary and post-primary schools in this country.
The Bill provides an over-arching framework for greater transparency and consistency in school enrolment generally and thereby gives greater confidence to parents that the admission criteria laid down by schools and the procedures used by them are legitimate, reasonable and fair.
The Bill will provide a basis for a more efficient enrolment process for schools generally. It includes a provision that the Minister may direct two or more schools to co-operate with each other in the admission process to provide for a more effective and efficient use of resources.
The Bill also provides for schools to share information with each other in respect of applications received, offers made and offers accepted for the purposes of facilitating the efficient admission of students. The provision incudes a capacity for a Board of Management to share information with another board or patron in respect of applications for admission and offers of admission that have been made or accepted.
These provisions seek to address the practice of parents making applications or accepting offers for multiple schools and should make the enrolment process more effective and efficient for both schools and applicants.
