Wednesday, 30 May 2018

Written Answers Nos. 105-124

Schools Building Projects Status

Questions (105)

Fiona O'Loughlin

Question:

105. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the status of a new school (details supplied); and if he will make a statement on the matter. [23881/18]

Written answers

Minister for Education and Skills

The building project to which the Deputy refers is currently at construction stage. The school issued the Letter of Acceptance to the contractor on 28th March 2018. The expected delivery date is Quarter 1 of 2019.

School Accommodation

Questions (106, 107)

Fiona O'Loughlin

Question:

106. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the number of schools in County Kildare which have prefabs on site. [23882/18]

Fiona O'Loughlin

Question:

107. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the number of schools in County Kildare which have more than one prefab. [23883/18]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 106 and 107 together.

I wish to advise the Deputy that my Department does not hold information in relation to the number of schools in County Kildare that have prefabs on their school sites, as the school authorities may have provided prefabs from their own funds. However, I am in a position to advise the Deputy that my Department is providing grant to 17 schools in County Kildare for rental of temporary accommodation.  Of these 17 schools, 13 schools have more than 1 prefab rented.

In general, prefabs are necessary where a school is allocated an extra teacher, but does not have the physical accommodation to facilitate the allocation. In the last 2 years, 5,000 extra teachers have been hired across the country.

School Placement

Questions (108)

Thomas Byrne

Question:

108. Deputy Thomas Byrne asked the Minister for Education and Skills if a school place will be provided for a child (details supplied) in September 2018. [23891/18]

Written answers

Minister for Education and Skills

I wish to advise the Deputy that in relation to the ongoing review of school planning areas generally, my Department is currently reviewing the position in relation to primary school provision for the school planning area in question and my officials are currently engaging directly with the primary schools in the area.

In relation to school admissions, 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 Educational 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 Education 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.

Gaeltacht Policy

Questions (109)

Peadar Tóibín

Question:

109. Deputy Peadar Tóibín asked the Minister for Education and Skills the status of the spending on the policy on Gaeltacht education for 2018; and the projected spend on the implementation of the policy for 2019. [23895/18]

Written answers

Minister for Education and Skills

In budget 2018, the Government doubled the investment being made in Gaeltacht education. A budgetary allocation of €2.3m was provided for the implementation of the Policy on Gaeltacht Education in 2018. The estimated expenditure in 2018 on the Policy on Gaeltacht Education 2017-2022 is largely in line with projections.

The 2019 budget will be determined through the usual estimates process and announced in the context of budget 2019.

Education Policy

Questions (110)

Peadar Tóibín

Question:

110. Deputy Peadar Tóibín asked the Minister for Education and Skills the projected cost of producing a comprehensive plan on the strategic development of Irish medium education at preschool, primary and post-primary level across the State. [23896/18]

Written answers

Minister for Education and Skills

My Department is currently working with the Department of Culture, Heritage and the Gaeltacht on a 5 year Action plan for Irish 2018 – 2022 as part of the implementation of the 20 year Strategy for the Irish Language. The Plan will include an Education Chapter outlining a range of actions across a number of sections within my Department including the Curriculum & Assessment Policy Unit, Teacher Education Section, the Inspectorate, the Forward Planning Unit, the Gaeltacht Education Unit and the School Governance Section. As the plan has not yet been finalised and it is not possible to accurately cost it at the moment.

My Department published its Policy for Gaeltacht Education in October 2016. A dedicated Gaeltacht Education Unit, An tAonad um Oideachas Gaeltachta , was established in the Department and a wide range of actions have commenced as part of implementation of that policy. Implementation of the Gaeltacht Education Policy will cost €2.3m in 2018.

An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG) plans and co-ordinates the provision of textbooks and resources to support learning and teaching through Irish. Staffing has been increased to allow for additional work arising from the Policy on Gaeltacht Education and increased funding has allowed for the convening of more regional workshops and the commissioning of relevant research. Funding has also been made available to support the development of an integrated Irish programme for English-medium primary schools to support the Primary Language Curriculum. COGG will receive €1.7m in 2018.

A new phase of the Séideán Sí project to update resources already produced to reflect the curricular changes in the Primary Language Curriculum is expected to cost €500,000 over the period 2018-2020.

School Accommodation Provision

Questions (111)

Eamon Scanlon

Question:

111. Deputy Eamon Scanlon asked the Minister for Education and Skills if the autism unit in a school (details supplied) will open in September 2018; and if he will make a statement on the matter. [23900/18]

Written answers

Minister for Education and Skills

I can confirm to the Deputy that my Department is in receipt of an application from the school referred to for additional accommodation including the provision of ASD accommodation. My Department has been liaising with the school authority in this matter and a decision will issue to the school shortly.

Teacher Career Breaks

Questions (112)

Danny Healy-Rae

Question:

112. Deputy Danny Healy-Rae asked the Minister for Education and Skills if a matter in relation to a person (details supplied) being classed as a new entrant teacher will be examined; and if he will make a statement on the matter. [23911/18]

Written answers

Minister for Education and Skills

The person to whom the Deputy refers returned to teaching following the enactment of the Public Service Superannuation (Miscellaneous Provisions) Act 2004. The Act changed the superannuation terms of new entrants to the public service appointed on or after 1 April 2004. In broad general terms the Act defines a new entrant as a person who (i) commences public service employment for the first time on or after 1 April 2004, or, (ii) a person who takes up employment in the public service where his/her previous public service employment ended more than 26 weeks prior to the commencement of the new employment. The person in question had a break in teaching service between September 2004 and September 2005. Accordingly on taking up her teaching employment in 2005 she became a new entrant in accordance with the terms of the 2004 Act.  The Pension Unit of my Department has previously responded to the nominated legal representative with a detailed reply as to the reasons the person in question is classified as a new entrant.

My Department is satisfied that it has acted appropriately and in accordance with the legislation in place at the time.

School Placement

Questions (113)

Bernard Durkan

Question:

113. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which a second level special needs place has been made available for a person (details supplied); and if he will make a statement on the matter. [23957/18]

Written answers

Minister for Education and Skills

My Department provides for a range of placement options and supports for schools, which have enrolled students with special educational needs, including those with Autism, in order to ensure that wherever a child is enrolled, s/he will have access to an appropriate education. 

Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.

My Department therefore provides for a continuum of provision which includes mainstream school placements with additional supports, or for pupils who require more specialist interventions, special class and special school placements.

The enrolment of a child to 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 has no role in relation to processing applications for enrolment to schools.

As the matter raised by the Deputy refers to a placement for a particular child, I have arranged for the Deputy's question to be forwarded to the National Council for Special Education for direct reply.

Alcohol Sales Legislation

Questions (114)

Marc MacSharry

Question:

114. Deputy Marc MacSharry asked the Minister for Justice and Equality the relevant section of legislation which deals with the issue of pub and hotel licences in cases in which if they have not been trading for a period of five years, if the licence expires or if there are procedures in place to revalidate the licence; and if he will make a statement on the matter. [23904/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice in response to Parliamentary Questions. However, the general position is that section 2 of the Licensing (Ireland) Act 1902 (as amended), provides that where premises have not been licensed during the preceding year but had been licensed at any time during the previous five years, a new licence may be issued in respect of such premises. Such a licence will be issued by the Revenue Commissioners on foot of a certificate granted to the applicant by the Circuit Court. This renewal provision does not apply, however, in cases in which the licence had lapsed due to a breach of the Licensing Acts, or had been extinguished in order to permit the granting of a retail licence to new premises.

Commencement of Legislation

Questions (115)

Donnchadh Ó Laoghaire

Question:

115. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the timeframe for the commencement of section 30 of the Data Protection Act 2018; the issues surrounding the delay on the commencement of the section including legal advice; and if he will make a statement on the matter. [23927/18]

Written answers

Minister for Justice and Equality

During discussions on section 30 in the Select Committee, and once again during Report Stage discussions, I pointed out that the processing of personal data for marketing and profiling purposes takes place under the so-called “legitimate interests” ground in Article 6.1(f) of the GDPR, and that the Court of Justice had already addressed the issue of whether national law could impose additional conditions on processing carried on under the corresponding provision of the 1995 Data Protection Directive in Joined Cases C-468/10 and C-469/10. In its ruling, the Court of Justice had underlined the importance of free movement of personal data under the 1995 Directive and concluded that Member States were not permitted to impose additional conditions that would have the effect of amending the scope of any of the grounds in Article 7 of the Directive. Those grounds are now set out in Article 6.1 of the GDPR.

The Office of the Attorney General has now advised my Department that insofar as section 30 purports to make it an offence for any company or corporate body to process the personal data of a child for the purposes of direct marketing or profiling, such a prohibition appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1)(f), read in conjunction with Recital (47). Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). Since commencement of section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union, I have requested my Department to clarify the matter with the European Commission.

Apart from this apparent conflict with the GDPR, the Office of the Attorney General has pointed out that section 30 gives rise to difficulties under Article 38.1 of the Constitution and under Article 7 of the European Convention on Human Rights. Article 38.1 provides that no person shall be tried on any criminal charge save in due course of law. In order for a domestic offence provision to comply with Article 38.1, it must be clear, precise and foreseeable in its application. This is not the case here since it is not clear what might constitute the processing of personal data of a child for the purposes micro-targeting. Whereas the GDPR refers to both direct marketing and profiling, the concept of micro-targeting does not appear in the GDPR and its scope remains uncertain and undefined. It is also a requirement under Article 7 of the Convention that offence provisions must be sufficiently clear and precise so as to enable individuals to ascertain which conduct constitutes a criminal offence and to foresee the consequences of engaging in such conduct.

Notwithstanding the difficulties concerning section 30, the Deputy will be aware that I have made provision in section 32 for the drawing up of codes of conduct intended to contribute to proper application of the GDPR with regard to the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles. I regard the drawing up of such a code as an urgent priority and I urge all relevant stakeholders, including bodies that represent the interests of children, to support that objective and to make appropriate input into its development and implementation.

State Claims Agency

Questions (116)

Michael McGrath

Question:

116. Deputy Michael McGrath asked the Minister for Health the stage of each case the State Claims Agency is dealing with, by programme, relating to the various cancer screening programmes; the notifications it has received from the HSE or the programmes themselves regarding correspondence received from persons or their legal representatives regarding a possible claim; the approach of the agency in dealing with these cases; and if he will make a statement on the matter. [23984/18]

Written answers

Minister for Health

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSAs) one of which is the Health Service Executive.

The SCA states that this request for information is broader that cancer misdiagnosis claims, which have recently been reported in previous parliamentary questions. This reply includes clinical and personal injury 'general' claims which can relate to service users, staff, and members of the public.

The table shows all claims under active management by the SCA under the National Screening Service on the National Incident Management System (NIMS).

HSE National Screening Service	Clinical/General	Status Updated	Count
Breast Check	Clinical	Claim under investigation	3
Breast Check	Clinical	Claim Litigation	2
Breast Check	General	Claim under investigation	3
Cervical Check	Clinical	Potential Claim under review	1
Cervical Check	Clinical	Claim under investigation	12
Cervical Check	Clinical	Claim Litigation	1
Cervical Check	Clinical	Trial	2
Cervical Check	Clinical	Claim conclusion started	4
Cervical Check	General	Claim under investigation	1
Bowel Screen	Clinical	N/A	0
Bowel Screen	General	N/A	0
Grand Total			29

The SCA states that, as at 28/05/2018, there are 29 cases under active management (28 claims, 1 potential claim) with respect to the national screening programmes.

Of these, 8 are associated with BreastCheck, 21 with CervicalCheck and 0 with BowelScreen.

It is important to note that these cases are both clinical and non-clinical (general) in nature and include cancer misdiagnosis claims.

The SCA states that 38 cases (36 claims and 2 potential claims) have been notified to it with respect to the national screening programmes/centres, since their delegation.

Of these, 27 relate to clinical care and 11 are non-clinical (general) in nature. Of the 38, 29 remain active on the National Incident Management System as at 28/05/2018, as shown in the table above.

The SCA’s claims management objective is to act fairly, ethically and compassionately in its dealings with people who have suffered injuries and/or damage and who take legal actions against the State or State bodies, and their families, while acting in the best interest of taxpayers in matters of personal injury and property damage litigation.

The SCA remains committed to resolving cases relating to CervicalCheck in line with the principles outlined by the Government earlier this month, expediting resolution of these cases in a sensitive manner, working co-operatively with the co-defendant laboratories, utilising mediation wherever possible and placing a high priority on treating the people who have made the claims, and their families, with dignity and compassion.

Primary Care Reimbursement Service Payments

Questions (117)

Mary Butler

Question:

117. Deputy Mary Butler asked the Minister for Health when staff at UHW will be approved with a login for the PCRS system to set up patients for the reimbursement for the FreeStyle Libre sensors; and if he will make a statement on the matter. [23808/18]

Written answers

Minister for Health

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

National Centre for Medical Genetics

Questions (118)

Thomas P. Broughan

Question:

118. Deputy Thomas P. Broughan asked the Minister for Health the number of new referrals and new PKU patients at the National Centre for Inherited Metabolic Disorders in each of the years 2015 to 2017; and if he will make a statement on the matter. [23811/18]

Written answers

Minister for Health

As this is a service matter it has been referred to the HSE for direct reply to the Deputy.

Hospital Staff Data

Questions (119)

Thomas P. Broughan

Question:

119. Deputy Thomas P. Broughan asked the Minister for Health the number of staff and vacancies at the National Rare Diseases Office at the Mater Hospital; and if he will make a statement on the matter. [23812/18]

Written answers

Minister for Health

As this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.

Health Services Funding

Questions (120)

Thomas P. Broughan

Question:

120. Deputy Thomas P. Broughan asked the Minister for Health the funding allocated for the National Rare Diseases Office in each of the years 2016, 2017 and to date in 2018; his plans for resources for the office in 2019; and if he will make a statement on the matter. [23813/18]

Written answers

Minister for Health

As this is a service matter, it has been referred to the Health Service Executive for attention and direct reply to the Deputy.

Medicinal Products Reimbursement

Questions (121)

Danny Healy-Rae

Question:

121. Deputy Danny Healy-Rae asked the Minister for Health if the decision to take Versatis patches off the drug payment scheme will be reversed; and if he will make a statement on the matter. [23816/18]

Written answers

Minister for Health

Medicines play a vital role in improving the health of Irish patients. Securing access to existing and new and innovative medicines is a key health service objective. However, the challenge is to do this in a safe and sustainable manner. Treatment must be appropriate and proportionate and clinical decision-making, such as prescribing, should be based on both patient needs and sound medical evidence.

Lidocaine 5% medicated plasters are licensed for localised relief of post-shingles pain in adults. This is the patch's only licensed use in Ireland. It has been reimbursed in the community drugs schemes since 2010.

Clinical concern arose when, from 2012 on, usage increased significantly, to the point where more plasters were being used in Ireland than in the entire UK National Health Service. In such situations, it is important and appropriate for clinicians to review usage and, in 2016, the HSE Medicines Management Programme (MMP) reviewed the use of the plasters. The review estimated that only 5-10% of prescribing was for the licensed indication.

From September 2017, following the clinical review, the HSE introduced a new reimbursement approval system for the patches, to support appropriate use and patient care. Under these arrangements, the patient's GP or consultant applies to the MMP for reimbursement approval on behalf of the patient. If an application is refused, the clinician may submit an appeal, making a clear clinical case for the patient, to the MMP. Information for patients and practitioners is on the HSE MMP website at: hse.ie/yourmedicines.

The decision to introduce a new reimbursement approval process is a matter for the HSE and you will appreciate that, as Minister for Health, I cannot intervene in individual cases. However, I fully support the objectives of the HSE Medicines Management Programme.

Services for People with Disabilities

Questions (122)

Gino Kenny

Question:

122. Deputy Gino Kenny asked the Minister for Health the terms of reference used for the assessment of need standard operating procedure document which has recently replaced the standards for the assessment of need document; and if he will make a statement on the matter. [23817/18]

Written answers

Minister of State at the Department of Health

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities. 

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Services for People with Disabilities

Questions (123)

Gino Kenny

Question:

123. Deputy Gino Kenny asked the Minister for Health the person or body that set out the terms of reference for the assessment of need standard operating procedure document; and if he will make a statement on the matter. [23818/18]

Written answers

Minister of State at the Department of Health

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities. 

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Services for People with Disabilities

Questions (124)

Gino Kenny

Question:

124. Deputy Gino Kenny asked the Minister for Health the location the terms of reference for the assessment of need standard operating procedure document can be found; and if he will make a statement on the matter. [23819/18]

Written answers

Minister of State at the Department of Health

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities. 

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.