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Thursday, 21 Jun 2018

Written Answers Nos. 92-111

State Bodies Data

Questions (92)

Michael McGrath

Question:

92. Deputy Michael McGrath asked the Minister for Education and Skills the number of positions on the board in respect of the board of agencies and commercial State companies under his Department’s aegis in tabular form; the quorum required for a board meeting; the number of ministerial appointee vacancies on the board to date; the length of time the ministerial appointee vacancy has been present for each vacancy; and if he will make a statement on the matter. [27218/18]

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Written answers

Details of the State Boards that fall under the remit of my Department, including details on board appointments and board vacancies, are available on my Department's website at the following link; https://www.education.ie/en/The-Department/Agencies/ 

As the Deputy will be aware, individuals may be nominated for appointment by various organisations arising from the terms in the relevant legislation regarding the Body concerned and accordingly board appointments made by me are not in all cases made at my discretion.

The information requested by the Deputy in regard to the number of vacant positions on boards, the date vacancies arose, details of board appointments to bodies and the timeline for the board appointments are provided in the following two tables.

The information sought in regard to the quorum required for a board meeting in each body is being collated and I will arrange to have it forwarded to the Deputy as soon as it becomes available.

PQ - 27218/18 Board Vacancy Details as at June 20th 2018 in regard to Bodies under the aegis of the Department of Education and Skills

Body

Name (Identify Chair)

Date Term of Office Ceased/Date Vacancy Arose

Position Type

Basis of appointment  (e.g. Pas Process, Ex-Officio, Employee Representative)

Léargas

Vacancy

07/03/2018

Ordinary Member

Ministerial appointment

Irish Research Council

Vacancy

18/03/2018

Ordinary Member

Ministerial appointment

Irish Research Council

Vacancy

18/03/2018

Ordinary Member

Ministerial appointment

National Centre for Guidance Education (NCGE)  Management Committee

Vacancy

21/02/2018

Ordinary Member

Nominee of the Institute of Guidance Counsellors

Residential Institutions Statutory Fund Board (RISF) Caranua

Vacancy

01/02/2018

Ordinary Member

PAS Process

Residential Institutions Statutory Fund Board (RISF) Caranua

Vacancy

16/02/2018

Ordinary Member

PAS Process

Teaching Council

Vacancy

12/06/2018

Ordinary Member

Elected Teacher - Primary Munster

Board Members

Schools Building Projects

Questions (93)

Catherine Murphy

Question:

93. Deputy Catherine Murphy asked the Minister for Education and Skills if his attention has been drawn to correspondence (details supplied) regarding a school building project in Maynooth, County Kildare; the action he is taking to ensure that the project is completed within the original timeline; the progress made to date in appointing a new contractor; and if he will make a statement on the matter. [27265/18]

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Written answers

I am aware of the correspondence in question and as the Deputy is aware the delivery of the Maynooth Education Campus has been devolved to Kildare and Wicklow Education and Training Board (KWETB).

KWETB, their design team and officials from my Department’s Planning and Building Unit are working closely to ensure that a new contractor is appointed as quickly as possible to complete both schools. As a result of the liquidation it will not be possible to have the schools completed within the original timeline. I understand that an eTenders notice will be published early next week seeking expressions of interest from contractors wishing to be considered for the completion of the project. Work is also on-going on the identification of all outstanding works necessary to complete both schools.

Schools Complaints Procedures

Questions (94)

Richard Boyd Barrett

Question:

94. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if complaints received directly by him from a parent or a pupil of grievous bodily harm in a school setting are dealt with by him; if not, if they are only dealt with in cases in which the complaint is referred by the board of management of the school; his views on whether this is acceptable in view of the serious nature of the matter; and if he will make a statement on the matter. [27273/18]

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Written answers

Statutory responsibility for child protection lies with the Child and Family Agency.

My Department has no role in assessing or investigating allegations of harm against children, or any other child protection concerns. Its role is to refer any allegations it receives to the appropriate authorities and to do so without making judgment on same.

Whereas my Department provides funding and policy direction for schools, my Department does not have the power to instruct schools to follow a particular course of action with regard to allegations or other complaints. In dealing with complaints, the Department's role is to provide advice to parents and students on the operation of schools' complaints procedures and to clarify for parents and pupils how grievances and complaints against schools can be progressed.

If the Deputy, or any other person, has a child protection concern regarding a school it should be reported to the Child and Family Agency.

The Deputy will appreciate that I cannot comment on individual cases.

School Staff

Questions (95, 102)

Robert Troy

Question:

95. Deputy Robert Troy asked the Minister for Education and Skills if matters raised in correspondence by persons (details supplied) will receive a reply. [27277/18]

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Eamon Scanlon

Question:

102. Deputy Eamon Scanlon asked the Minister for Education and Skills if the issue of teaching principal release days and the way in which they are calculated will be prioritised in budget 2019; if he will liaise with an organisation (details supplied) on this and related matters; and if he will make a statement on the matter. [27363/18]

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Written answers

I propose to take Questions Nos. 95 and 102 together.

Recently published Circular - 40/2018 is available on the Department’s website, which outlines the number of days that teaching principals may take as release time in a school year in order to assist them fulfilling their principal duties. Under these arrangements my Department pays for a substitute teacher to be employed by a school to facilitate administrative functions to be undertaken by the teaching principal.

Building on measures in previous budgets to enhance school leadership, Budget 2018 made €0.4 million available to fund almost 4600 additional release days for teaching principals in primary schools. This additional funding will see an increase in the number of release days available to teaching principals in the 2018/19 school year to 17, 23 or 29 days depending on the size of the school.

Budget 2017 allowed for the commencement of restoration of middle management posts as part of an agreed distributed leadership model and meant lifting the rigidity of the longstanding moratorium on these posts at primary and post-primary levels. This recognises the key role school leadership has in promoting a school environment which is welcoming, inclusive and accountable.

€2.75m was allocated in Budget 2017 to restore middle management positions i.e. the equivalent of approximately 1,300 middle management posts (Assistant Principal I and Assistant Principal II) at both Primary and Post-Primary. (2,600 in total)

Circular 63/2017 was issued by my Department in September 2017 which sets out a leadership and management framework for posts in recognised primary schools.  Flexibility in identifying and prioritising the evolving leadership and management needs of the school, and in assigning and re-assigning post holders to specific roles and responsibilities to meet the evolving needs of a school, is an essential feature of this school leadership model.

While the Principal is ultimately responsible to the Board of Management for the management and leadership of the school, the Deputy Principal occupies a position of vital importance within the senior leadership team in each school. The Deputy Principal co-operates with the Principal in the fulfilment of the Principal's role and acts or deputises as the Principal in the Principal's absence.

In relation to the duties assigned to Assistant Principal posts, the Principal following consultation with staff, agree the schedule of duties as best meet the needs of the school. These duties are designed to reduce the workload of the Principal.

The selection and recruitment process is well under way in most of our primary schools and the majority of these new middle management posts will be filled in the current school year, including schools where the Principal is a "Teaching Principal".

I recently announced an extension to the arrangements for schools with teaching principals to cluster their release days into full-time posts, with one teacher covering the release days of all the schools in the cluster.  Up to 50 principal release cluster posts will be put in place for the 2018/19 school year. This measure will assist teaching principals to more effectively plan their release days for the benefit of the school.

The Teacher Allocation section of my Department are currently processing these applications and schools are being notified as the cluster posts are approved. 

Any additional increase in the number of release days will be considered as part of the next annual budgetary process alongside the many other demands from the education sector.

Minor Works Scheme

Questions (96)

Martin Heydon

Question:

96. Deputy Martin Heydon asked the Minister for Education and Skills his plans to put the minor works grant on an annual footing with greater certainty on timing to provide clarity for schools that rely on it as an important source of finance; and if he will make a statement on the matter. [27289/18]

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Written answers

The Minor Works Grant was introduced in 1997 and since then has issued to primary schools each school year with the exception of the 2012/2013 school year. The payment of the Minor Works Grant is not confined to any particular date and can be issued during any month of the school year. For the 2002/2003 school year, part of the grant was paid in May 2003, with the balance in October 2003. The grant in respect of the 2017/2018 school year issued in December 2017.

It is intended that the Minor Works Grant in respect of the 2018/2019 school year will issue no later than January 2019.

My Department recognises the importance of the Minor Works Grant to primary schools. The National Development Plan 2018-2027 signals a gradual ramping up in capital expenditure in the schools sector over the coming years. In that context, and as part of our longer term infrastructural planning, my Department would intend to put the Minor Works Grant on an annual footing and to provide greater certainty to schools on the timing of payments.

Capitation Grants

Questions (97)

Martin Heydon

Question:

97. Deputy Martin Heydon asked the Minister for Education and Skills if the level of the capitation grant for schools will be reviewed to ensure its restoration to pre-cut levels; his plans to further increase the grant to ensure it meets the increasing financial demands facing schools; and if he will make a statement on the matter. [27295/18]

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Written answers

I recognise the need to improve capitation funding for schools having regard to the reductions that were necessary over recent years.

Restoring capitation funding as resources permit is one of the actions included in the Action Plan for Education.

Budget 2018 marked the second year of major reinvestment in the education sector, as we continue to implement the Action Plan for Education, which has the central aim to make the Irish Education and Training service the best in Europe within a decade.  In 2018, the budget for the Department of Education increased by €554 million to over €10 billion. Through budget 2017 and Budget 2018, we are now investing €1 billion more in education.

The process is underway 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, €5 in 2017 and €5 in 2018, in order to enable primary schools to 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.

Brexit Issues

Questions (98)

Fergus O'Dowd

Question:

98. Deputy Fergus O'Dowd asked the Minister for Education and Skills if matters raised in correspondence by a person (details supplied) in relation to student fees and the impact of Brexit will receive a response; and if he will make a statement on the matter. [27297/18]

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Written answers

Students who qualify for entry to the Graduate Entry Medicine (GEM) programme are liable for the cost of their tuition fees as they already hold an undergraduate qualification. However, the costs for EU students are partly subsidised by the State through a grant provided by the Higher Education Authority.

My Department does not provide free fees or core funding for post-graduate programmes.  The criteria governing the level of tuition fees to be charged in the case of postgraduate study is solely a matter for each of the higher education institutions to determine in accordance with its own criteria as an autonomous body.

Following the UK triggering Article 50 of the Treaty in March 2017 and the ongoing negotiations, my Department has confirmed that eligible UK students who enrol for eligible undergraduate courses for the 2018/19 academic year in a third level college recognised for the purposes of free fees will be able to avail of the Department’s Free Fee Schemes.  Arrangements for an intake of such students for subsequent years will be kept under review in the context of the Brexit negotiations.

My Department does provide supports for post graduate students who meet the relevant qualifying conditions (including residency and nationality) of the Student Grant Scheme and provides additional assistance through measures such as the Student Assistance Fund (SAF) and relevant details are available on www.susi.ie and the website of the HEA (www.HEA.ie ).

However, I would recommend that the student in question makes contact with UCC in the first instance to determine its policy in relation to tuition fees and entry requirements for Graduate Entry Medicine for the 2019 academic year.

Schools Amalgamation

Questions (99)

Tony McLoughlin

Question:

99. Deputy Tony McLoughlin asked the Minister for Education and Skills the number of secondary and national school mergers and amalgamations since 2008; and if he will make a statement on the matter. [27301/18]

View answer

Written answers

I wish to advise the Deputy that 140 primary schools amalgamated to form 69 new primary schools between 2008 and 2017.

I can also advise that, in the same period, 37 post primary schools amalgamated to form 16 new post primary schools.

Schools Building Projects Status

Questions (100)

Declan Breathnach

Question:

100. Deputy Declan Breathnach asked the Minister for Education and Skills the status of a school building project (details supplied); when the building works are likely to commence; and if he will make a statement on the matter. [27334/18]

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Written answers

The major building project for the school to which the Deputy refers is at an advanced stage of architectural planning, Stage 2b - Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents. All statutory approvals have been obtained.

The Design Team have informed the Department that it experienced delays in securing the Fire Safety Cert and the Disability Access Cert.  A decision on these applications had been expected from Louth County Council in December 2017. A decision on the FSC and DAC were finally granted on the 10th and 12th April 2018 respectively.

The Design Team have confirmed that they are currently working on finalising the Stage 2b report and expect to be in a position to submit this report to my Department, through the Board of Management in October 2018.

Upon receipt and review of this report my Department will revert to Board of Management with regard to the further progression of the project at that time.

Student Support Schemes

Questions (101)

Bernard Durkan

Question:

101. Deputy Bernard J. Durkan asked the Minister for Education and Skills the correct procedure to be followed by a person (details supplied) who wishes to transfer college after suffering a physical assault in their current institution and who has already completed two years of study; and if he will make a statement on the matter. [27339/18]

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Written answers

Higher education institutions are autonomous bodies and therefore the day to day operations including the transfer of students from college to college is a matter for the Governing Authority of each institution.

Student services and associated activities are an integral part of the whole student experience at each higher education Institute. Each Institute provides a range of student and support services. Student services support each individual student achieve his/her intellectual, cultural and social potential while supporting and complementing the formal academic programme.  Student services can fall under a number of headings which includes ‘Welfare and Guidance’ . 

While my Department has no function in relation to the transfer of students between institutions, I would advise the student in question to contact the Student Services Offices at their institute in the first instance in order to establish what options or assistance is available.

Question No. 102 answered with Question No. 95.

Court Accommodation Refurbishment

Questions (103)

Seán Fleming

Question:

103. Deputy Sean Fleming asked the Minister for Justice and Equality when works will commence on a project (details supplied); and if he will make a statement on the matter. [27166/18]

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Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are aware that the railings surrounding Carlow Courthouse are in poor condition and are committed to their full restoration at the earliest possible date. Restoring the railings is a significant and complex task requiring specialist conservation and iron-working expertise. The Courts Service does not have this expertise itself and is reliant on OPW resources to undertake and manage the task on its behalf.

The restoration work will be undertaken in phases. The first phase of the restoration will see 10 sections repaired and will be subject to a competitive OPW tendering process. A great deal of background work has been undertaken by the OPW to date including technical appraisals, experimental repairs, exploratory works and specification of repair methodologies.  The OPW is at present finalizing the tender documentation for the restoration of the initial 10 sections. Subject to a satisfactory tender process it is anticipated that work will commence during the Autumn. The cost of restoring the initial 10 sections will be determined by the tendering process however the Courts Service has approved funding to cover this anticipated cost.

The first phase will inform how future phases of the project can be undertaken and will give an indication of the likely cost of restoring all sections of railings. It is anticipated that restoring all sections will take a number of years.

Prison Committals

Questions (104)

Clare Daly

Question:

104. Deputy Clare Daly asked the Minister for Justice and Equality the reason for the daily increase in numbers incarcerated at Cloverhill Prison from 337 on 15 June 2017 to 424 on 15 June 2018; and if he will make a statement on the matter. [27138/18]

View answer

Written answers

I wish to advise the Deputy, that in the past 12 months, the Irish Prison Service has experienced an increase in the numbers of people committed to all committal prisons in the country. As Cloverhill Prison is the primary remand prison for the Leinster area, it has been affected more significantly in terms of committals in the past year.

Prison Governors are, by law, required to admit into custody all prisoners committed to prison by the Courts. The Irish Prison Service therefore has no control over the numbers committed to custody in any given year.

Prisoner Data

Questions (105)

Clare Daly

Question:

105. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners at Cloverhill Prison sleeping on the floor in April, May and June 2018, in tabular form. [27139/18]

View answer

Written answers

I wish to inform the Deputy that it has not been possible in the timeframe available to collate the information sought, as this entails a manual check of the individual records for each month.  I will revert to the Deputy as soon as this information has been compiled.

Personal Insolvency Act

Questions (106)

Michael McGrath

Question:

106. Deputy Michael McGrath asked the Minister for Justice and Equality his plans to act on the recommendations made by the Insolvency Service of Ireland as part of its section 141 consultation submission made in June 2017; and if he will make a statement on the matter. [27200/18]

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Written answers

My Department is currently finalising the section 141 review of Part 3 of the Personal Insolvency Acts. Part 3 is the core of the personal insolvency legislation, dealing with the operation in practice of the three personal insolvency mechanisms – Debt Relief Notices, Debt Settlement Arrangements, and Personal Insolvency Arrangements. This review also responds to the commitment in the Programme for a Partnership Government to review personal insolvency thresholds and processes, including for small to medium enterprises.

In practice, the insolvency legislation has already been extensively reviewed and developed since 2012. Key reforms already introduced include the section 115A court review process (which removed the so-called ‘bank veto’) and the Abhaile Mortgage Arrears Resolution Service (which in effect ensures that borrowers at risk of losing their homes due to mortgage arrears can access free independent expert financial and legal advice to get solutions into place).  

Nevertheless, we have always said that we will keep this important legislation under review, and will take any further action needed to ensure that it operates effectively.   

My officials have completed extensive work on the review, which included a public consultation launched last year. A range of detailed submissions was received and these have been carefully analysed.  Furthermore, a number of additional issues and concerns emerged in recent months, following the closing date for the receipt of submissions. In light of these emerging issues, the timeframe for the review was extended to allow these to be taken into account.

The Insolvency Service of Ireland was among the organisations that made a submission to the public consultation. Given the ISI’s statutory role in monitoring the personal insolvency system and advising me on matters related to their functions, their suggestions are particularly important for the purposes of the review. Their submission highlighted a variety of areas where the ISI believes that legislative amendments may be beneficial. These suggestions are being considered as part of the review. Subsequent discussions with the ISI have also highlighted additional possible changes to the Personal Insolvency Act.

The Consultative Forum, which was established by the ISI and consists of a variety of stakeholders involved in the personal insolvency context including both debtor and creditor representatives, also made a submission to the review. This submission reveals a strong level of consensus amongst both debtors and creditors in relation to streamlining the personal insolvency process. In addition, the submissions received have suggested measures to extend access to personal insolvency options to a wider cohort of borrower and to encourage more constructive engagement with the legislation by both creditors and debtors so that the agreement of sustainable statutory personal insolvency options can be accelerated. All of these recommendations are under consideration.

I expect to receive a report from my officials on the review in the coming weeks. In consultation with the Minister for Finance, I expect shortly afterwards to bring proposals to Government to address the review’s recommendations, including proposals for legislative change.

State Bodies Data

Questions (107)

Michael McGrath

Question:

107. Deputy Michael McGrath asked the Minister for Justice and Equality the number of positions on the board in respect of the board of agencies and commercial State companies under his Department’s aegis in tabular form; the quorum required for a board meeting; the number of ministerial appointee vacancies on the board to date; the length of time the ministerial appointee vacancy has been present for each vacancy; and if he will make a statement on the matter. [27224/18]

View answer

Written answers

In respect of the Deputy’s question please find the following table which outlines the number of positions on the board of agencies and commercial State companies under my Department’s aegis, the quorum required for a board meeting, the number of current ministerial appointee vacancies on the board and the length of time the ministerial appointee vacancy has been vacant.

In respect of the Deputy’s question please find the enclosed table which outlines the number of positions on the board of agencies and commercial State companies under my Department’s aegis, the quorum required for a board meeting, the number of current ministerial appointee vacancies on the board and the length of time the ministerial appointee vacancy has been vacant. 

Name of Board

Number of Positions on Board

Quorum required for Board Meeting

Number of current Ministerial Appointee Vacancies on the Board

Length of time Ministerial Appointee Vacancy has been Vacant

Courts Service Board

18

7 or more (See Section 14 of the Courts Service Act 1998)

2

Approx. 7 months

Garda Síochána Ombudsman Commission

3

2

N/A

N/A

Irish Human Rights and Equality Commission

Currently 15.

 

The Commission shall consist of not more than 15 and not less   than 12 members.

5, or such other number, not being less than 5 as the Commission may determine.

N/A

N/A

Legal Aid Board

13 including chair

5

0

N/A

National Disability Authority

13

7

0

N/A

Policing Authority

9

5

N/A

11 months

Private Security Authority

11

4

0

N/A

Private Security Appeal Board

6

3

N/A

N/A

Property Services Regulatory Authority

11 (1 Chair, 10 Ordinary Members)

4

0

N/A

Property Services Appeal Board

5 (1 Chair, 4 Ordinary Members)

3

N/A

N/A

Censorship of Publications Board

 5 (1 Chair, 4 Ordinary Members)

 Quorum not specified in legislation.

 1

 3 months

 Classification of Films Appeal Board

 9 (1 Chair, 8 Ordinary Members)

 Quorum of 3 members required, 5 for re-hearing.

 2

19 months

13 months

In addition the Censorship of Publications Appeal Board currently has no members appointed to it and this has been the case for some years.

Garda Reform

Questions (108)

Barry Cowen

Question:

108. Deputy Barry Cowen asked the Minister for Justice and Equality the status of the €28.6 million allocated to Garda reform as outlined in budget 2018; the amount that has been spent; the way in which the money has been spent; and if he will make a statement on the matter. [27246/18]

View answer

Written answers

The Deputy will appreciate that the management of the Garda Vote is the responsibility of the Garda Commissioner as the accounting officer for An Garda Síochána and, as Minister, I have no function in relation to the matter.

The Deputy will be aware that as part of the Five Year Reform and High-level Workforce Plan for An Garda Síochána, the Government has agreed an overall vision for a Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. To support this, Budget 2018 included provision of €28.6m for Garda Reform to support the continued provision of policing services in 2018 as well as the implementation of Garda reform including resources for the Policing Authority. Predominantly, this allocation will support the recruitment of up to a further 500 civilian staff and 800 trainee Gardaí this year. Further significant funding to support the reform programme is embedded across the overall Garda budget of approximately €1.65 billion for 2018.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 2,400 new Garda members to be recruited on a phased basis for the years 2018 to 2021. Already in 2018, 400 new recruits have entered the Garda College and a further 400 will begin their training before the end of the year. This recruitment is in addition to the just under 2,000 new recruits who have attested as members of An Garda Síochána, including 404 attestations in 2018, and who have been assigned to mainstream duties around the country  since the reopening of the Garda College in September 2014. It is anticipated that Garda numbers, taking account of retirements, at year end will amount to approximately 14,000.

Civilianisation is a key element of the reform programme that is being pursued by An Garda Síochána. The projected 4,000 civilians represents a medium-term target of 20% of the Garda full-time workforce comprised of civilians. Real, tangible progress is being made in relation to civilianisation. To date under the reform programme, 292 new civilian positions have been sanctioned, the bulk of which were to address critical skills gaps and capacity issues with a proportion sanctioned to make a start on the redeployment of Gardaí to policing duties. I am informed by the Commissioner that there were 2,289 civilians undertaking administrative and technical duties within An Garda Síochána as of 30 April 2018.

This target of 4,000 civilians by 2021 will be achieved through a twin-track approach of firstly, a “civilian by default” policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and, secondly, the redeployment of Gardaí to policing roles where their skills can be used to best effect with the backfilling of these roles by suitably qualified civilians where necessary.  The Garda Inspectorate identified some 1,500 posts held by Gardaí that could be examined for suitability for civilian staff.

Data Retention

Questions (109)

Barry Cowen

Question:

109. Deputy Barry Cowen asked the Minister for Justice and Equality the status of the €4 million allocated to protecting the security of the State as outlined in budget 2018; the amount that has been spent; the way in which the money has been spent; and if he will make a statement on the matter. [27247/18]

View answer

Written answers

The European Union Passenger Name Record (PNR) Directive establishes a common legal framework for the processing and transfer of PNR data to assist in the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 25 May 2018.

The Directive requires carriers to provide Member States’ authorities with PNR data in respect of flights entering or departing the EU (known as extra-EU flights). The Directive provides that Member States may, on a non-mandatory basis, require carriers to collect PNR data in respect of flights operating within the EU (intra-EU flights).  The Directive requires each Member State to establish a Passenger Information Unit (PIU) which will receive the PNR data from carriers and exchange data and processing results with other Member States and with Europol.  

The PNR Directive has been transposed into Irish law with effect from 25 May by the EU (PNR Data) Regulations 2018. As a result, the Irish PIU has been formally established and the processing of passenger data has commenced. Passenger screening using PNR data is being introduced on a phased basis. Firstly, the non-discretionary aspects of the Directive (i.e., screening extra EU flights) have been transposed by way of the Regulations referred to above.  Secondly, primary legislation will be introduced in due course to provide for screening intra EU flights. 

Up to 31 May 2018, circa €200,000 has been expended in relation to the IPIU, primarily in relation to office equipment, office premises and establishment and configuration of ICT systems.  In addition, a Principal Officer and two Assistant Principals Officers have been assigned to the unit. It is too early at this stage to provide accurate end of year out-turn expenditure figures. However, I can say that I will ensure that the IPIU receives the funding necessary to fulfil its responsibilities under Irish and EU law.

Data Protection Commissioner

Questions (110)

Barry Cowen

Question:

110. Deputy Barry Cowen asked the Minister for Justice and Equality the status of the €4 million allocated to regulatory functions and the Office of the Data Protection Commissioner as outlined in budget 2018; the amount that has been spent; the way in which the money has been spent; and if he will make a statement on the matter. [27248/18]

View answer

Written answers

In Budget 2018 the Data Protection Commission (DPC) was allocated an increase of just over €4m on the DPC’s 2017 total allocation of €7.5m.

This increase is being used by the DPC to continue to build capacity and capability within the organisation to enable it to effectively perform its expanded regulatory functions and more prominent international role under the EU General Data Protection Regulation (GDPR) and the new Data Protection Act 2018. 

Total expenditure to end May 2018 is approximately €2.8m.  Expenditure for the rest of the year is expected to increase with the recruitment of additional expert staff, including legal, technology, investigations and data protection specialists.   

Additional funding is also being dedicated to a number of important projects such as a major programme of public GDPR awareness and to the redesign and enhancement of the DPC’s business processes, systems and structures in light of the requirements of the GDPR.

Assisted Decision Making

Questions (111)

Barry Cowen

Question:

111. Deputy Barry Cowen asked the Minister for Justice and Equality the status of the €3 million allocated to assisted decision making as outlined in budget 2018; the amount that has been spent; the way in which the money has been spent; and if he will make a statement on the matter. [27249/18]

View answer

Written answers

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing.  Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

The Director is working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.  Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible.

The Mental Health Commission has recently engaged the consultancy firm BearingPoint to support the development of a detailed, costed plan to establish a fully operational Decision Support Service.  The contract also includes ongoing project management support for the design and establishment of the organisation, business processes, IT systems and risk management framework.

The 2018 Budget provided for an allocation of €3 million for the Decision Support Service in a new subhead D. 10 of the Justice and Equality Vote.  Funds from this subhead are released by my Department to the Mental Health Commission on foot of written drawdown requests from the MHC.

I am advised by the Mental Health Commission that €242,934 has been spent on the establishment of the Decision Support Service so far in 2018, with further expenditure of €149,004 expected before the end of June, which comes to a total amount of €391,938 by end-June.  This can be broken down as follows:

Staff costs: €116,314

Rent: €91,668

General expenses: €3,571

Legal, finance and compliance: €17,733

Project management/Business advisory: €161,976

ICT: €676

As the plans towards the establishment of the Decision Support Service progress during the rest of the year and additional full-time staff are recruited, it is expected that the expenditure rate will accelerate significantly.

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