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Wednesday, 26 Sep 2018

Written Answers Nos. 131-155

Education Centre Network

Questions (131)

Tony McLoughlin

Question:

131. Deputy Tony McLoughlin asked the Minister for Education and Skills the reason the teacher education section expects the management committee of an education centre (details supplied) to carry out the daily running of the service without payment while the section waits to appoint a new director to the service in January 2019; his views on whether a person from the committee should be allocated the position of acting director and paid for their services as a result; and if he will make a statement on the matter. [38970/18]

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Written answers

The principal activity of Education Centres is to organise the local delivery of national programmes of teacher professional development on behalf of the Department of Education and Skills. Centres also organise a varied local programme of activities for teachers, school management and parents in response to demand.

Education Centres are independent statutory bodies under Section 37 of the Education Act (1998) and are managed by voluntary Management Committees elected annually. Each Centre has a defined geographical area of responsibility. The Management Committee has a statutory function under the Act to manage the business and staff of the Centre. Each Management Committee may appoint a Director to manage and direct the work of the Centre. The Director is normally a teacher on secondment from his/her school. My Department pays the Director's salary through the central teacher’s payroll.

The Act empowers me, as Minister, to make regulations relating to the operation of Centres. On 1 September 2017, I promulgated the Education Support Centres (Appointment and Secondment of Directors) Regulations 2017, which puts the appointment of a Director of an Education Centre on a statutory basis. The appointment of a Director of an Education Centre can only be made in accordance with the Regulations. Under the Regulations the Management Committee must submit an application to me, as Minister, to hold a public competition when they seek to recruit and appoint a new Director.

The Centre in question formally applied to me under the Regulations to appoint a Director for the 2018/19 school year on 13 September, 2018 and this application has been approved. The post has been advertised and the recruitment process will be conducted by the Centre over the coming weeks.

My Department has met with the Management Committee and has agreed to provide substitution cover for the chairperson or a designated member of the management committee to be released from their school for 1 day per fortnight to assist with the discharge of the management committees’ responsibilities in managing the business of the Centre until it appoints a Director.

Capitation Grants

Questions (132)

Thomas Byrne

Question:

132. Deputy Thomas Byrne asked the Minister for Education and Skills the status of the restoration of capitation grants to 2010 levels; and if he will make a statement on the matter. [38982/18]

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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 and I remain committed to achieving this. However, I must be prudent in the context of ongoing budgetary pressures and prioritise where it is not possible to do everything that I would like to do in the education sector in any one year. In that regard it is critical that any additional resources that are available in the education sector are utilised in such a way as to maximise teaching and learning outcomes.

The Deputy will be aware that 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.

Improvements have been made for the restoration of 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.

Student Universal Support Ireland Data

Questions (133)

Thomas Byrne

Question:

133. Deputy Thomas Byrne asked the Minister for Education and Skills the number of applications made for SUSI grants for the 2018-2019 term up to the end of August 2018; the number of those granted, denied and appealed, respectively; the number of those appeals accepted; and if he will make a statement on the matter. [38983/18]

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Written answers

Up to the week ending 2 September 2018, the total number of SUSI applications for the 2018/19 academic year was 91,500. Of these, a total of 74,000 had received an initial assessment decision with 63,900 awarded a grant, 8,400 refused a grant and 1,700 applications were cancelled.

With regard to appeals, it is open to any applicant to appeal a decision. Some applicants appeal a decision not to award a grant, while others appeal the value of the grant awarded.

Up to week ending 2 September 2018, a total of 2,059 decisions were appealed to an appeals officer in SUSI. Of these, the original decision was upheld in 956 cases, 496 appeals had the original decision varied and 607 appeals were yet to be finalised.

With regard to the 496 cases that had the original decision varied, 427 cases were varied due to a change of circumstance and/or the submission of new information by the applicant which had a material effect on their original application.

Student Grant Scheme Eligibility

Questions (134)

Thomas Byrne

Question:

134. Deputy Thomas Byrne asked the Minister for Education and Skills the position with regard to insolvency as a grounds for appeal in the case of the denial of a SUSI grant; and if he will make a statement on the matter. [38984/18]

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Written answers

Under the Student Grants Scheme student grant applications are means tested on gross income from all sources earned inside and outside the State within a specified reference period. The means test arrangements of the Student Grant Scheme are applied nationally. The assessment of income from the same starting point is deemed to be fair and reasonable because this approach eliminates any distortion which might arise from different spending decisions in different households. Consequently, there is no provision under the Student Grant Scheme to provide for any exceptions to those involved in the process of bankruptcy and/or insolvency agreements.

Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.

Also, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners at www.revenue.ie.

Schools Refurbishment

Questions (135)

Thomas Byrne

Question:

135. Deputy Thomas Byrne asked the Minister for Education and Skills the number of pending applications made for school refurbishment; the number of new applications made to the end of August 2018; the number approved; and if he will make a statement on the matter. [38985/18]

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Written answers

I wish to advise the Deputy that my Department provides a number of mechanisms through which improvements are carried out in schools.  Through the 6 year Capital Programme, the investment plan is about looking to the future and ensuring that our school infrastructure is well prepared to accommodate our growing school population.  The programme also addresses the requirements of many schools which are in need of upgrading and refurbishment, although they may not be experiencing significant demographic pressure.

The projects under the capital programme will provide 19,000 new primary schools places and 43,000 new post-primary places.  While the Programme relates to major projects capital funding for smaller projects, such as the addition of a classroom etc., is dealt with on an ongoing basis through the Additional School Accommodation (ASA) scheme. 

In additional the Summer Works Scheme (SWS) is designed to allow schools, on a devolved funding basis, to carry out necessary improvement and refurbishment works that will upgrade existing school facilities.  Under the 2016-2017 almost €80 million has been approved to date under the Summer Works Scheme, in respect of over 640 school projects in categories 1 - 6.

Finally, for primary schools, the Minor Works grant allows schools to undertake improvement works in full or in part, as the grant allows, without prior application to my Department.

The recent launch of Project Ireland 2040 included an announcement of a major package of investment in education for the next decade with the school building budget increasing by 70%. 

This investment will provide for the continued increase in demographics while also allowing for a greater focus on refurbishment and upgrading of existing school stock.  In regard to the SWS the remaining categories of project from the 2016-2017 scheme will be processed with a new SWS opening for applications in early 2019 for projects for summer 2020 onwards.  Furthermore, my Department is committed to putting in place a grant scheme similar to the Minor Works Grant in place at post-primary level over the lifetime of Project Ireland 2040.

Schools Building Projects Status

Questions (136)

Thomas Byrne

Question:

136. Deputy Thomas Byrne asked the Minister for Education and Skills the status of the completion of 42 schools announced on 13 April 2018; the estimated target for the schools opening; and if he will make a statement on the matter. [38986/18]

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Written answers

As the Deputy is aware, in April 2018 I announced the establishment of 42 new schools over the next four year period from 2019 to 2022. In that regard the 17 schools due to open in September 2019 remain on schedule.

I wish to advise the Deputy that the first of the patronage processes for the new schools is ongoing in respect of the four new post-primary schools to be established in 2019. The patronage process for the remaining schools will also be run at a later date, significantly ahead of their due opening. It is planned that the patronage process for the new primary schools to be established in 2019 will commence before the end of 2018. Updates in relation to further patronage processes will be announced on the OPPS website and the Department’s website (www.education.ie).

My Department will be seeking to maximise the use of sites already in the Minister’s ownership and of available properties in the ownership of other State bodies, where these are considered suitable.

My Department recently appointed a Project Manager to assist in the procurement of interim school accommodation for the schools opening in September 2019. My Department has identified potential interim accommodation solution options for the majority of the schools to open in September 2019. The progression of these will be a key priority for the Project Manager. The Project Manager will also assist the Department in sourcing permanent accommodation options.

School Transport Provision

Questions (137)

Thomas Byrne

Question:

137. Deputy Thomas Byrne asked the Minister for Education and Skills when a decision will issue on a review for a school transport service for a person (details supplied). [39012/18]

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Written answers

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

In the 2017/18 school year over 117,000 children, including over 12,000 children with special educational needs, were 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 at a total cost of almost €190 million in 2017.

Children are generally eligible for school transport if they satisfy the distance criteria and are attending their nearest school.

Children who are eligible for school transport and who have completed the application process on time will be accommodated on school transport services where such services are in operation for the 2018/19 school year.

Bus Éireann has advised that the child in question is not eligible for school transport as he is not attending his nearest school

Children who are not eligible for school transport may apply for transport on a concessionary basis only and will be facilitated where spare seats are available after eligible children have been accommodated.

Bus Éireann has advised that the family in question did not submit their payment details for the 2018/19 school year. Bus Éireann has also advised that there are spare seats available on the relevant service.

In this regard the family is advised to liaise with their local Bus Éireann office if they wish to avail of transport on a concessionary basis.

The terms of the School Transport Schemes are applied equitably on a national basis.

Tender Process

Questions (138)

John Brady

Question:

138. Deputy John Brady asked the Minister for Education and Skills the new framework of procurement of architect and design teams being undertaken by his Department; if this work has stalled the commencement of school building development in County Wicklow; the length of time this will delay the necessary building of new schools; and if he will make a statement on the matter. [39015/18]

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Written answers

My Department has run a tender process for a new Framework for the appointment of Design Teams and it is nearing completion.

In the meantime the current Framework is still in place and is being used for the procurement of Design Teams in all counties including Wicklow.

This process is not causing delays to the progression of building projects that are ready for progression to Architectural Planning Stage and the appointment of a Design Team.

Third Level Fees

Questions (139)

Róisín Shortall

Question:

139. Deputy Róisín Shortall asked the Minister for Education and Skills the position regarding college fees for a person (details supplied) in County Cork; and if he will make a statement on the matter. [39041/18]

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Written answers

Access to PLC provision for eligible international protection applicants is subject to the payment of the full economic fee. This is broadly in line with arrangements in the higher education sector. Arrangements in relation to payment of the full economic fee for international protection applicants have not changed since 2001. PLC colleges are responsible for collecting the fee.

More broadly, the Government decision to opt in to the EU (recast) Receptions Conditions Directive (2013/22/EU) has given international protection applicants, who have been waiting 9 months or more for a first instance recommendation, access to all aspects of further education and training. While this modifies some of the earlier arrangements regarding access, it does not change the situation regarding the payment of the full economic fee for PLC programmes.

School Patronage

Questions (140)

James Lawless

Question:

140. Deputy James Lawless asked the Minister for Education and Skills the status of a school (details supplied) in County Kildare; and if he will make a statement on the matter. [39105/18]

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Written answers

As the Deputy will be aware, I have announced new plans aimed at accelerating the provision of multi-denominational and non-denominational schools across the country, in line with the choices of parents, families and school communities and the Programme for Government commitment to reach 400 such schools by 2030.

I would point out that the previous model of patronage divestment yielded only a very limited number of schools for transfer to multi-denominational patrons (11 since 2013). I believe that the new schools reconfiguration for diversity process has the potential to significantly increase patron diversity in our school system.

While these new structures are being introduced, my Department will continue to work with the main stakeholders to progress delivery of diversity in areas already identified, including Leixlip.

As the Deputy will be aware, I recently announced plans for the establishment of 42 new schools over the next four years (2019 to 2022), including a new 8-classroom primary school to be established in 2019 to serve the Leixlip school planning area.

This announcement follows nationwide demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.

A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. This patronage process is open to all patron bodies, including Educate Together, and prospective patrons. Parental preferences for each patron and language of instruction, from parents of children who reside in the school planning areas concerned, together with the extent of diversity currently available in these areas, are key to decisions in relation to the outcome of this process.

Teachers' Remuneration

Questions (141)

Martin Heydon

Question:

141. Deputy Martin Heydon asked the Minister for Education and Skills the actions he has taken to review the issue of pay inequality among teachers particularly newly qualified teachers; the further actions that can be taken to help address this issue; and if he will make a statement on the matter. [39106/18]

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Written answers

The public service agreements have allowed a programme of pay restoration for public servants to start. I negotiated, together with my colleague the Minister for Public Expenditure and Reform, a 15-22% pay increase for new teachers.

As a result of these changes, from 1 October 2018 the starting salary of a teacher will be €36,318, and from 1 October 2020 onwards will be €37,692.

Section 11 of the Public Service Pay and Pensions Act 2017 provides that “the Minister [for Public Expenditure and Reform] shall, within three months of the passing of this Act, prepare and lay before the Oireachtas a report on the cost of and a plan in dealing with pay equalisation for new entrants to the public service.”

The report laid before the Oireachtas on foot of this provision by the Minister for Public Expenditure and Reform assesses the cost of a further change which would provide a two scale point adjustment to new entrants recruited since 2011. The total cost of such an adjustment across the public sector is of the order of €200 million, of which Education accounts for €83 million. The report also acknowledges that, during the financial crisis, there were policy changes which affected remuneration in different occupations across the public sector (including education). Addressing any issues arising from changes which are not specifically detailed in the report would give rise to additional costs over and above the foregoing figures.

The matter of new entrant pay is a cross sectorial issue, not just an issue for the education sector alone. The Government supports the gradual, negotiated repeal of the FEMPI legislation, having due regard to the priority to improve public services and in recognition of the essential role played by public servants.

On Monday 24th September, I welcomed, together with the Minister for Public Expenditure and Reform, the outcome of discussions between public service employers and the public services committee of ICTU in respect of new entrant pay.

This agreement will benefit 16,000 teachers and nearly 5,000 SNAs within the education sector. The deal provides for a series of incremental jumps for new entrants at points 4 and 8 of their scale.

For example, a teachers hired in September 2011 would see their salary increase from €45,200 in September 2018 to €53,062 in September 2020 under the PSSA agreement and the recent outcome of the new entrant pay talks.

Garda National Immigration Bureau

Questions (142)

Róisín Shortall

Question:

142. Deputy Róisín Shortall asked the Minister for Justice and Equality the action he is taking to deal with the constant crashing of the GNIB website which is unable to cope with traffic. [38974/18]

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Written answers

I assume the Deputy is referring to the on-line appointment system for registrations. Non-EEA nationals who intend to reside in the State for more than 90 days are required to register their immigration permission to be in the State.  Non-EEA nationals living in Dublin register with the INIS, while non-EEA nationals living outside Dublin register in the Garda District they reside.

The INIS Registration Office operates an on-line appointment system, replacing the old queuing system which was the subject of much criticism some years ago.  The online appointment system aims to provide certainty to those who come for registration so that they are dealt with within the hour of their appointment.  

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it recently come to the attention of officials that customers were finding it difficult to get registration appointments due to third party agents block booking appointments. This is entirely against the purposes for which the system was established making it more difficult for customers to secure an appointment. INIS has been working to counteract this using various technical solutions and in this regard an update to the on-line appointment software was introduced on 10 September which has been successful to date in preventing these abuses of the system.

Garda National Immigration Bureau

Questions (143)

Róisín Shortall

Question:

143. Deputy Róisín Shortall asked the Minister for Justice and Equality if his attention has been drawn to allegations that a submarket has developed for booked appointment slots with the GNIB in which persons are now allegedly selling slots to persons that need appointments; if these allegations are true; and the action he plans to take to deal with the problem. [38975/18]

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Written answers

Non-EEA nationals who intend to reside in the State for more than 90 days are required to register their immigration permission to be in the State. Non-EEA nationals living in Dublin register with the INIS, while non-EEA nationals living outside Dublin register in the Garda District they reside.

The INIS Registration Office operates an on-line appointment system, replacing the old queuing system which was the subject of much criticism some years ago. The online appointment system aims to provide certainty to those who come for registration so that they are dealt with within the hour of their appointment.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it recently come to the attention of officials that customers were finding it difficult to get registration appointments due to third party agents block booking appointments. This is entirely against the purposes for which the system was established making it more difficult for customers to secure an appointment. INIS has been working to counteract this using various technical solutions and in this regard an update to the on-line appointment software was introduced on 10 September which has been successful to date in preventing these abuses of the system.

Proposed Legislation

Questions (144)

Denise Mitchell

Question:

144. Deputy Denise Mitchell asked the Minister for Justice and Equality when he plans to extend the Adoptive Leave Act 1995 in order to allow male same-sex couples avail of adoptive leave and benefits; and if he will make a statement on the matter. [38999/18]

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Written answers

Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, the Department of Justice and Equality identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits.

To address this lacuna, the Department has prepared draft legislative proposals that will amend section 177 to afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender.

Although the draft Heads are ready to go to Government, a legislative vehicle has not yet been identified to progress this legislative change. In this regard, the Department will keep the matter under review and consult with relevant Departments on an ongoing basis until a legislative vehicle is found.

Direct Provision Data

Questions (145)

Catherine Connolly

Question:

145. Deputy Catherine Connolly asked the Minister for Justice and Equality the duration of stay by child applicants and unregistered children in State-provided RIA accommodation in tabular form; and if he will make a statement on the matter. [39042/18]

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Written answers

The annual report of the Reception and Integration Agency contains a breakdown of duration of stay by applicants in State provided accommodation at year end. While the report for 2017 has not yet been published, statistics prepared for that report show that duration of stay of all residents is as follows:

0>3 months 12.4% of residents

3>6 months 9.6% of residents

6>9 months 7.8% of residents

9>12 months 10.2% of residents

12>18 months 11.1% of residents

18>24 months 9.0% of residents

24>36 months 20.2% of residents

36>48 months 7.9% of residents

48>60 months 3.8% of residents

60>72 months 2.3% of residents

72>84 months 1.8% of residents

84+ months 3.7% of residents

These figures do not differentiate between adult and child residents. At any time between 20% and 25% of all residents are children under the age of 18 years.

The annual report also provides information about the age profile of residents in each accommodation centre at year end. The tabular format of the report details the family composition of each family unit and the number of children in the age ranges 0-4, 5-12 and 13-17 years but does not specify how long the children have been in residence in each centre.

Direct Provision System

Questions (146)

Catherine Connolly

Question:

146. Deputy Catherine Connolly asked the Minister for Justice and Equality the steps being taken to address capacity issues in direct provision; and if he will make a statement on the matter. [39043/18]

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Written answers

The provision of accommodation and related ancillary services provided to persons seeking international protection is managed by the Reception and Integration Agency (RIA) within my Department. Persons who are seeking international protection are offered accommodation and, if accepted, are provided with accommodation in one of 35 accommodation centres located throughout the state.

To meet the steady increase in demand, RIA has added a net 646 beds to its portfolio over the last twelve months, including the opening of new centres in Lisdoonvarna and Moate and by expanding capacity in existing centres. Notwithstanding this increase, demand for bed spaces continues to rise and RIA have reported that they are operating close to full capacity.

To alleviate this pressure, RIA has recently advertised for expressions of interest for suitable accommodation premises for an initial 1 year period. This is an addition to an advertisement that issued in January 2018. In addition, RIA have launched a full tender process for accommodation services over a longer term. A full procurement programme covering the whole of the state is being rolled out in conjunction with the Office of Government Procurement.

RIA have also provided support services to enable those residents who have received status or a permission to remain, to access permanent housing outside of RIA's accommodation services. This programme is based around the Greater Dublin and Eastern Region and discussions with other approved housing bodies are on-going to extend this service throughout the country.

Direct Provision Data

Questions (147)

Catherine Connolly

Question:

147. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons refused accommodation in direct provision centres to date; the alternatives offered to such persons; the length of time between refusal and their being offered accommodation; and if he will make a statement on the matter. [39044/18]

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Written answers

Persons seeking international protection are offered accommodation and related services by my Department. Not every person accepts this offer.

As of last Sunday evening, 5,715 persons were accommodated in 36 accommodation centres around the State. This is from a contracted capacity of 5,837 with 80 spaces unavailable due to family configurations etc., and 35 spaces available for new applicants.

To address this shortage, the Reception and Integration Agency (RIA) of my Department has been working actively to find solutions to the increased demand for its accommodation over the past months.

RIA has added a net 646 beds to its portfolio over the last twelve months, including by opening of new centres in Lisdoonvarna and Moate. However, in recent weeks the number of people arriving in Ireland applying for international protection has increased.

Due to this increase, full capacity was reached and RIA had to prioritise accommodation for families and other vulnerable persons who presented and were unable to offer immediate accommodation services to some people. The numbers who did not initially receive an offer of accommodation are relatively small and RIA has been working to meet their needs and indeed many have since been offered accommodation. Further efforts to provide accommodation to international protection applicants will involve the opening of new accommodation centres.

It is an extremely rare event for a person not to be offered accommodation in Ireland on arrival.

To address current and future needs, advertisements have been placed in the national media seeking additional accommodation that must be fully compliant with the recommendations of the McMahon report. Quite separate to this, RIA is also engaged in an open competitive process to establish a framework of accommodation centres from which we can draw down accommodation as and when needed over the coming years.

In addition to increasing the accommodation portfolio, the Reception and Integration Agency has provided funding to NGOs and housing organisations to provide house-finding and support services to residents who have received status to obtain permanent homes in the community.

EU Directives

Questions (148)

Catherine Connolly

Question:

148. Deputy Catherine Connolly asked the Minister for Justice and Equality if he is satisfied that Ireland is adhering to its commitments under the EU (recast) Reception Conditions Directive; and if he will make a statement on the matter. [39045/18]

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Written answers

Following the approval of the Houses of the Oireachtas to exercise an opt-in by the State to the EU (recast) Reception Conditions Directive, we commenced a four-month mandated compliance procedure with the European Commission to confirm our participation in the Directive. On the successful completion of this compliance procedure, and the commission's Communication thereof, I signed the European Communities (Reception Conditions) Regulations 2018 on 30 June 2018 to transpose the Directive into our national law.

Participation in the Directive brings us into line with the norms and standards for reception conditions for international protection applicants across the EU. As I am sure the Deputy will appreciate, the delivery of the provisions under the Directive as set out in our transposing Regulations are the responsibility of a wide variety of Government Departments and services, including the Department of Employment Affairs and Social Protection; the Department of Health and the HSE; the Department of Education and Skills; and, in the case of unaccompanied minors, Tusla - the Child and Family Agency.

Within my own Department's remit, eligible applicants can now apply for a broad and generous permission to access the labour market. Additionally, we are one of a small number of Member States to extend labour market access to self-employment, to provide additional opportunities for applicants who wish to establish their own business. To date, I have granted 1,388 labour market access permissions to eligible applicants.

In terms of accommodation, the implementation of the Justice McMahon recommendations has improved the standard of living for many applicants across our centres, in particular for families. My colleague, Minister of State Stanton, has continued the programme of reforms in this area through the establishment of a Standards Advisory Group. The Group, which includes representatives of relevant Government Departments, NGOs and representative groups, has developed Draft National Standards to improve quality of care and ensure consistency across our accommodation centres. These Draft National Standards have been published on my Department's website as part of a consultation process with an opportunity to submit feedback via an online form. The consultation process opened on 16 August and the closing date for the submission of feedback was yesterday, 25 September. I would like to thank all those who took the time to review the Draft National Standards and to submit comments, which will feed into the finalised Standards. We are also holding consultation meetings with residents of the centres and with service providers, organisations and people working with residents.

While both Minister Stanton and I are committed to improving standards across accommodation centres, we must also acknowledge the exceptionally challenging environment for housing and accommodation provision across the State at this time. The Reception and Integration Agency (RIA) of my Department has over the last 12 months increased its contracted number of beds in accommodation centres by 646. Despite this, we are close to almost 100% capacity with 5,800 contracted beds. To alleviate the current situation, RIA will open two new centres in the coming weeks. RIA has also advertised in the national press for expressions of interest to provide accommodation and related services to applicants on an urgent basis. We are also taking steps with the Department of Housing, Planning and Local Government to transition to mainstream housing supports the approximately 600 people with status or a permission to remain who continue to reside in RIA provided accommodation centres.  

Notwithstanding the challenges to accommodation provision and the ongoing nature of reforms, I am satisfied that we are adhering to our commitments under the EU Directive.  

Direct Provision Data

Questions (149)

Catherine Connolly

Question:

149. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of children in direct provision whose parent or parents have status; and if he will make a statement on the matter. [39046/18]

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Written answers

There are 285 children living in RIA accommodation in family units where one or both parents or their guardian have 'status' i.e. International Protection or Permission to Remain in the State.

Not all children who live in RIA accommodation reside with a parent. Some children reside with an adult guardian, who may be an older sibling or relative who is caring for them in loco parentis.

Children who enter the state without an adult guardian are referred to Tusla for child protection assessment, and may be received into care under the Child Care Act 1991.

Child Maintenance Payments

Questions (150)

Thomas P. Broughan

Question:

150. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the work his Department is undertaking alongside the Department of Employment Affairs and Social Protection on establishing a maintenance payment programme to ensure that maintenance is paid to one-parent families; and if he will make a statement on the matter. [39050/18]

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Written answers

It is open to parents whose relationship has broken down to decide between themselves on maintenance arrangements for their children. If they experience difficulties in reaching agreement on maintenance arrangements, they can try to work out a maintenance agreement through mediation. The general objective of the Mediation Act 2017, which came into operation on 1 January, is to promote mediation as a viable, effective and efficient alternative to court proceedings, including proceedings relating to maintenance of children, thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings.

Under Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provided for a number of improvements in the law relating to maintenance of children.

The law as it stands provides several mechanisms, including possible penalties, where a person fails to comply with court-ordered maintenance obligations. Section 10 of the Family Law (Maintenance of Spouses and Children) Act 1976 enables a maintenance creditor to apply to the court for an order that maintenance be paid by way of attachment of earnings, so the maintenance due is deducted directly from income. A person can apply for an attachment of earnings order when applying to court for a maintenance order, if he or she is concerned that maintenance will not be paid, or he or she can apply later if the maintenance is not paid.

The maintenance creditor may seek to recover sums owing through the courts by utilising the enforcement mechanisms available under section 8 of the Enforcement of Court Orders Act 1940 (as substituted by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011). In addition, where the failure to pay maintenance is as a result of unwillingness, as distinct from inability, to pay, under section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, the District Court has the power to regard a failure by a parent to comply with a court order relating to maintenance as contempt of court and to deal with it accordingly, including by means of imprisonment.

The legislative provisions relating to "liable relatives" and a person's liability to maintain his or her children which specifically apply in respect of the One-Parent Family Payment are contained in the Social Welfare Acts, which are the responsibility of the Minister for Employment Affairs and Social Protection, and not in the family law legislation to which I have referred above.

I am aware that the review by the Department of Employment Affairs and Social Protection of the maintenance and liable relative procedures, insofar as they relate to the One-Parent Family payment scheme, is nearing completion, and that the Department intends to liaise with the Department of Justice and Equality shortly with a view to jointly considering the next steps in relation to family maintenance arrangements. My officials expect to contribute constructively to this review.

Garda Training

Questions (151, 152)

Thomas P. Broughan

Question:

151. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí in training to become forensic collision investigators; when the training will be completed; and if he will make a statement on the matter. [39052/18]

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Thomas P. Broughan

Question:

152. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if forensic collision investigators in An Garda Síochána receive a special allowance for carrying out such important work in road traffic administration; and if he will make a statement on the matter. [39053/18]

View answer

Written answers

I propose to take Questions Nos. 151 and 152 together.

As the Deputy will be aware it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.  

I am informed by the Garda Commissioner that a Forensic Collision Investigator (FCIs) attends the scene of every fatal road traffic collision and every collision where information indicates that there is a likelihood of a fatality resulting from such collision. I am further advised by the Commissioner that FCIs are responsible for carrying out examinations at scenes of road traffic collisions including recording and evaluating all available evidence.  I am advised FCIs are not in receipt of a specific allowance.

I am also informed that following an internal Garda competition for assignment to FCI duties 11 successful candidates have completed their initial training and are working alongside Divisional Roads Policing Units. It takes 18 months to be fully trained as a FCI. It is expected that there will be further assignments to FCI duties from this competition in early 2019.

Enterprise Support Schemes

Questions (153)

Billy Kelleher

Question:

153. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation if private limited companies that operate in the social enterprise sector and return their profits back into the community are prevented or limited in accessing enterprise supports and funding; and if she will make a statement on the matter. [38995/18]

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Written answers

The Enterprise Agencies under my remit support commercial enterprise. The Local Enterprise Offices (LEOs) can only provide financial assistance to commercially viable companies with a potential to export but can provide soft supports, such as mentoring and training to anyone wishing to start or grow their business. Enterprise Ireland’s core objective is to help companies start, grow, innovate and win export sales in global markets.  However, Social enterprises are eligible to seek loans from Micro Finance Ireland. 

Supports for social enterprises are provided by my colleague, Minister Ring at the Department of Rural and Community Development.

Stroke Care

Questions (154)

Peter Burke

Question:

154. Deputy Peter Burke asked the Minister for Health the funding available to support the work of stroke support groups; and if he will make a statement on the matter. [38915/18]

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Written answers

As this P.Q. relates to a service issue, it has been referred to the Health Service Executive for direct reply to the deputy

Hospital Appointments Status

Questions (155)

Michael Healy-Rae

Question:

155. Deputy Michael Healy-Rae asked the Minister for Health the status of an operation for a person (details supplied); and if he will make a statement on the matter. [38916/18]

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Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.

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