Written Answers Nos. 174-193
174. Deputy Róisín Shortall asked the Minister for Education and Skills the specific aspects of the Education for Persons with Special Needs Act 2004 that have been implemented; and the timeline for the implementation of the remainder. [44124/18]
View answerI wish to advise the Deputy that a number of sections of the Education for Persons with Special Needs (EPSEN) Act 2004 have been commenced. The commenced provisions include those establishing the National Council for Special Education (NCSE) and those providing for an inclusive approach to the education of children with special educational needs.
The following sections of the EPSEN Act were commenced in 2005.
Section 1 – Interpretation
Section 2 - providing for the inclusive education of children with Special Educational Needs
Section 14 – placing certain duties on schools
Sections 19 to 37 - placing the Council on a statutory footing.
Section 39 - placing certain duties on Health Boards
Sections 40 to 53 - amending the Education Act
Schedule 1 – providing for meetings and membership of the Council
Schedule 2 providing for the Chief Executive Officer of the Council.
The remaining sections of the Act have yet to be commenced. The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to –
- an educational assessment for all children with special educational needs.
- consequent development of a statutory individual educational plan (IEP).
- the delivery of detailed educational services on foot of this plan.
- an independent appeals process.
The NCSE estimated, in its implementation Plan which was developed in 2006, that additional investment over a period of years of up to €235m per annum, across the education and health sectors, would be required to fully implement the EPSEN Act.
The view of the Department of Education and Skills was that the level of investment required could be significantly greater than that envisaged in the NCSE report. Legal advice provided to that Department also indicated that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.
In light of the difficult economic situation and the significant costs involved, the Government of the day, and subsequent Governments, deferred the full implementation of EPSEN.
Revised estimates of the amount of additional expenditure required to fully implement the remaining sections of the EPSEN Act have not recently been conducted. The level of additional expenditure required would have to take into account annual demographic growth and service developments in the area of special educational needs, pricing adjustments and salary cost differentials on an ongoing basis. Estimates would also have to be made as to the number of pupils who might currently qualify for the statutory service provisions envisaged by the EPSEN Act.
The Government is committed to helping every child, particularly those with special educational needs, to fulfil their potential.
In 2018, my Department will invest over €1.75 Billion in this area - 1/5 of my Department's budget and up 42% since 2011, at which point €1.24 Billion was invested. This increased investment has allowed the Government to increase the number of:
SNAs by 42%, from 10,575 in 2011 to 15,000 by the end of 2018.
Special classes by 138% to over 1,300 at present, compared to 548 special classes in 2011.
Special education teachers by 38% from 9,630 in 2011 to over 13,300 at present in 2018.
Under the Programme for a Partnership Government, I have committed to consulting with stakeholders on how best to progress aspects of the Act on a non-statutory basis.
A range of consultations with Education Partners and Stakeholders took place in relation to the development of the new model for allocating special education teachers over the course of 2017. The new model was introduced for all schools from September 2017. Further consultations took place with education partners and stakeholders in the context of the undertaking of a comprehensive review of the SNA scheme and will continue in relation to the implementation of recommendations contained in this report.
Consultations also took place in relation to providing power to the National Council for Special Educational need to designate a school place for a person with special educational needs, which is now provided for in the Education (Admission to Schools) Act 2018.
I can also advise that, whereas there is not currently a statutory requirement to provide individual education plans for children with special needs, at present, all schools are encouraged to use Education Plans. The Department of Education and Skills Inspectorate's advice is that the majority of schools are now using some form of individual education planning for children with special needs. In line with Circular 30/2014, schools are also required to put in place Personal Pupil Plan including a care plan for all pupils availing of SNA support while the Guidelines for schools on implementing the new special education teacher allocation model as point to the important to ensuring that student support plans or educational plans are in place.
While awaiting the full implementation of the EPSEN Act, the NCSE has also published a number of policy advice papers which make recommendations aimed at developing a better or more effective alternative to the current resource allocation model, and which aims to move the system towards ultimate implementation of the EPSEN Act.
It is therefore intended to bring into effect many of the good ideas contained in the EPSEN Act, on a non-statutory basis initially, through policy developments across a range of areas, in conjunction with NCSE policy advice. Full consultation will also take place with stakeholders before adjustments are made.
I can assure you that this Government will continue to prioritise investment in the area of special education support and I am confident that ongoing investment and reform will continue to see improvements made in this area.
179. Deputy Joan Collins asked the Minister for Education and Skills further to Parliamentary Question No. 143 of 18 October 2018, the procedures to cover maternity and sick leave absence; if there is panel of teachers to cover short and long-term absence; and if schools under contract are obliged to cover such absences. [44138/18]
View answerThe recruitment and appointment of teachers to fill teaching posts is a matter for the individual school authority, subject to procedures agreed under Section 24(3) of the Education Act 1998 (as amended by the Education (Amendment) Act 2012). The deployment of teaching staff in the school, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the school management authorities.
The managerial authority of a school may employ a substitute to replace a teacher absent from teaching duty on an approved absence including certified illness and maternity leave.
180. Deputy Éamon Ó Cuív asked the Minister for Education and Skills when an educational psychologist will be assigned to a school (details supplied); the reason this service was withdrawn; and if he will make a statement on the matter. [44154/18]
View answerAs the Deputy may be aware my Department’s National Educational Psychological Service provides educational psychological support to all primary and post-primary schools. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments (SCPA).
All mainstream schools in Galway City and County receive a service from NEPS psychologists based in the Galway Office. While there are currently two psychologist vacancies in this office, all schools continue to have access to support and development, critical incident and advisory support from NEPS and pupil casework via their assigned psychologist or via SCPA. The school to which the Deputy refers in his question is receiving assessment services via SCPA. This situation is temporary and replacement staff are currently being sought from recruitment panels administered by the Public Appointments Service. These are expected to be engaged by the end of this calendar year.
My Department remains committed to the maintenance of our educational psychological service and the valuable supports it provides to our schools and would instance the announcement, in the context of last weeks’ Budget, of a further staffing increase of 10 psychologist posts for NEPS as tangible evidence of this ongoing commitment.
181. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills when a person (details supplied) can expect school transport to be provided for children; and if he will make a statement on the matter. [44160/18]
View answerSchool 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.
Bus Éireann has confirmed that a transport service for the child in question will commence this week.
182. Deputy Michael Healy-Rae asked the Minister for Education and Skills the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [44167/18]
View answerOn 5 October 2018, an independent appeals committee held a full hearing on the appeal under Section 29 of the Education Act, 1998 referred to by the Deputy. It is envisaged that the decision of the appeals committee will be forwarded to the appellant during the course of this week.
183. Deputy Róisín Shortall asked the Minister for Education and Skills his views on the banning of recreational electronic devices, phones, tablet computers and other screen devices with Internet capabilities from primary and secondary schools; and if he will make a statement on the matter. [44194/18]
View answerThe decision to use technology including smartphones, tablets etc, is a matter for the Board of Management of each school. To assist schools, information on the adoption of tablets in schools is available on the PDST-Technology in Education (PDST-TIE) website, detailing what tablets can offer a school, educational considerations, purchasing considerations and software. Where the introduction of new technology is planned, there should be consultation with all members of the school community including parents.
Earlier this year, my predecessor, Minister Bruton, issued a circular to all schools requiring them to consult with parents and the school community on the use of smart phones and digital devices in schools. This requirement will be underpinned in law once the Parents and Students Charter is enacted. This bottom-up approach will ensure all parents, teachers and school communities are satisfied with the smart phone policy in place in their school. It will also mean that parents will be able to adopt a complimentary approach at home to what they know is in place in their child's school, if they wish to do so.
One of the key objectives of the Digital Strategy for Schools 2015-2020 is to promote responsible and ethical use of the internet and related technologies and to continue to undertake awareness-raising actions and programmes that promote responsible and ethical use of the internet. There are extensive training and curricular supports and resources available to assist schools in the development of policies and practices on the safe use of the internet, and related issues. Information and resources are also available for teachers, parents, and children through the Webwise Internet Safety Initiative which promotes the safe use of the internet by young people and raises awareness for parents on the associated risks.
The Action Plan on Online Safety, which was launched by the Taoiseach on 11 July last and which is currently being implemented, recognises that online safety is not the responsibility of any one Department, but that many Departments have a role to play. The Action Plan sets out 25 Actions and the Departments responsible for their delivery. A sponsors group, chaired by the Department of Education & Skills, has been established to drive implementation of the Action Plan.
184. Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied); and if he will make a statement on the matter. [44197/18]
View answerOfficials in my Department are examining this matter and I will revert to the Deputy in due course.
185. Deputy Mick Wallace asked the Minister for Education and Skills the name of the main contractors appointed to construct each large scale school building project undertaken from 2010 to date. [44198/18]
View answerThe information requested by the Deputy is not readily available for the years 2010 and 2011 and would represent a significant administrative burden to compile. However, if the Deputy wishes to nominate a particular school or schools that commenced on site during those years I would be happy to provide the details directly to him.
The information requested by the Deputy for projects that commenced on site during the years, 2012-2018 is available at the following link:.
186. Deputy Thomas Byrne asked the Minister for Education and Skills the payments made by HEAnet to a company (details supplied) by research and education institution and-or location in each of the years 2013 to 2017 and to date in 2018. [44199/18]
View answerMy Department officials are co-ordinating a response to this question and will revert directly to the Deputy in the coming days.
187. Deputy Jackie Cahill asked the Minister for Education and Skills if the outstanding issues in relation to a completed building project at a school (details supplied) will be reviewed that has a sum of €25,000 approximately outstanding which was not the responsibility of the school but is being left to the school principal and management to resolve and will result in a deficit in funding for the school if not resolved. [44234/18]
View answerThe review that the Deputy refers to was carried out by my Department and the outcome was communicated to the school in July 2018. My Department wrote to the school at that time seeking certain information. A response is awaited to enable this matter to be considered further.
188. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna cad iad na céimeanna atá tógtha aige lena dhéanamh cinnte go bhfuil dóthain daoine ar fáil in a Roinn le seirbhísí a chur ar fáil dóibh siúd ar mian leo a ngnóthaí a dhéanamh trí Ghaeilge leis an státseirbhís; agus an ndéanfaidh sé ráiteas ina thaobh. [44379/18]
View answerIs iad na príomhghráid sa Roinn atá gafa le seirbhísí a sheachadadh ar phobal na Gaeilge ná na gráid a bhaineann le cigireacht na scoileanna agus le soláthar na seirbhísí síceolaíochta oideachais a chuireann An tSeirbhís Náisiúnta Síceolaíochta Oideachais ar fáil do scoileanna i gceantair Ghaeltachta agus do Ghaelscoileanna. Tá 24 síceolaí oideachais sa tSeirbhís faoi láthair atá inniúil sa Ghaeilge agus a chuireann a gcuid seirbhísí proifisiúnta ar fáil trí Ghaeilge. Tá 51 cigire i Rannán Chigireacht na Scoileanna ag an mbunleibhéal agus tá 48 díobh seo freagrach as scoileanna ina múintear an siollabas trí Ghaeilge. Tá 11 de na cigirí seo freagrach as scoileanna Gaeltachta mar go bhfuil na scoileanna sin mar chuid den cheantar acu. Ag an iar-bhunleibhéal is speisialtóirí in ábhar-réimsí na cigirí den chuid is mó. Cuireann foireann na cigireachta iar-bhunleibhéal a cuid seirbhísí ar fáil chomh maith do scoileanna ina múintear an curaclam trí Ghaeilge.
Ó bunaíodh an Aonad um Oideachas Gaeltachta sa Roinn i 2017, tá seirbhísí trí mheán na Gaeilge ar fáil sa Roinn chun tacú le scoileanna Gaeltachta agus chun an Pholasaí don Oideachas Gaeltachta 2017-2022 a chur i bhfeidhm.
Faoi láthair tá dóthain de bhaill foirne proifisiúnta ann atá inniúil sa Ghaeilge chun seirbhísí proifisiúnta a sheachadadh do na scoileanna i gceist. I dteannta sin tá líon oifigigh i ngrádanna riaracháin atá ábalta plé le fiosrucháin trí mheán na Gaeilge.
189. Deputy Michael Moynihan asked the Minister for Justice and Equality the status of the progress of the new Garda Station in Macroom, County Cork; if his attention has been drawn to the poor condition of the current Garda Station in Macroom; and if he will make a statement on the matter. [43981/18]
View answerThe Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.
The Garda Building and Refurbishment Programme 2016-2021 is an ambitious 5-year Programme based on agreed Garda priorities, which continues to benefit over 30 locations around the country. The Programme includes over €60 million of Exchequer funding as well as a major Public Private Partnership (PPP) project to deliver stations at Macroom, Clonmel and Sligo. This is in addition to the provision of over €100 million for delivery of 3 new Divisional and Regional Headquarters in Wexford, Galway and Kevin Street, Dublin, each of which, I am pleased to confirm, have been completed and are now operational.
Regarding the PPP to deliver stations at Macroom, Clonmel and Sligo, I am informed by the OPW and the Garda authorities that the OPW has acquired sites for the development of the new stations in Macroom and Sligo. The site for the new Garda Station in Clonmel is already in State ownership and work is continuing between the OPW and Tipperary County Council on its transfer from the Council to the OPW. On completion, ownership of all three sites will be vested in the OPW.
The development of PPP projects is progressed under the auspices of the National Development Finance Agency (NDFA). My Department is in contact with the NDFA with a view to progressing the matter further. It is not possible to provide a timeframe for the completion of these projects at this point.
In relation to the existing station at Macroom, I am advised by the Garda authorities that a limited amount of additional accommodation has been provided for Garda use, pending development of the new station. I am further informed that, on foot of a request for renovation works to the public office, the Garda authorities have requested estimated costings from the OPW, for consideration having regard to available resources and overall Garda accommodation priorities.
190. Deputy Michael Moynihan asked the Minister for Justice and Equality when current applicants to the Garda Reserve will be called for training; and if he will make a statement on the matter. [43982/18]
View answerSection 26 of the Garda Síochána Act 2005 vests full control, direction and operation of An Garda Síochána in the office of Commissioner. The allocation of resources including recruitment and training of Garda members and members of the Garda Reserve is entirely a matter for the Garda Commissioner and I, as Minister, have no responsibility in this matter.
To inform future decisions around the use of the Reserve, An Garda Siochana is currently conducting a strategic review as a matter of priority. This approach is in line with the recommendation by the Commission on the Future of Policing in Ireland, which published its report in September. The Commission also recommended that recruitment to the Reserve be paused pending completion of the strategic review.
The Commission's report is a major report on one of the key functions of the State and it is now receiving appropriate consideration. My Department is engaged in a detailed consultation process and as part of this process, I have asked the Garda Commissioner to respond to the recommendations in the report insofar as they directly concern An Garda Síochána. I have requested that this response will include an implementation plan of how he intends to take matters forward.
Once these engagements are completed, I will bring a High-level Implementation Plan and proposed project structure to Government for approval before the end of the year.
I would advise any candidate with a query on the status of their application for entry into the Garda Reserve to contact the Garda Appointments Office directly.
191. Deputy Sean Sherlock asked the Minister for Justice and Equality if a public inquiry will be instigated in respect of the circumstance surrounding a person (details supplied). [43992/18]
View answerThe Deputy's question relates to the circumstances of the tragic death of a young man, Shane O'Farrell, in a road traffic accident. As the Deputy will be aware, there is a current investigation being conducted by the Garda Síochána Ombudsman Commission into conduct which may lead to disciplinary proceedings against one or more Garda members. That investigation is on-going and I do not propose to comment on that matter while the investigation is proceeding. GSOC is independent and it would be entirely inappropriate of me to comment where I have no authority to do so.
I have been informed by GSOC that the outcome of that investigation will be submitted to the GSOC Commissioners as soon as is practicable. Upon receipt of the report, GSOC will, in accordance with section 97 of the Garda Síochána Act 2005, submit a report to the Garda Commissioner outlining its findings. It will also contain a recommendation about whether or not disciplinary proceedings should be instituted under the Garda Síochána Disciplinary Regulations against any of the Garda members subject of the investigation.
In response to the motion passed by this House before the summer recess calling for an investigation into Shane O'Farrell’s death, the Government must respect fully the independence of GSOC. The motion referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the Courts. The Government recognises the failings that occurred in the run up to this tragic incident and GSOC, the independent authority established by an Act of the Oireachtas, should be allowed to complete its investigation unhindered.
Having said that, I want to reiterate the Government's undertaking that when the GSOC investigations are completed, the question of what further action might be taken will be considered.
192. Deputy Catherine Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 257 of 27 June 2017, if he will provide an updated table of costs to date in respect of Thornton Hall; if he or his officials have had consultation with the Office of Public Works or the Department of Housing, Planning and Local Government regarding transferring this asset to either body for their use; if a review of its potential value and benefit to the State has been undertaken; if not, his plans to carry out a review within the next five years; if he has engaged with a third party or a State body regarding the sale of the lands; and if he will make a statement on the matter. [44040/18]
View answerAs the Deputy is aware, the Thornton Hall site was purchased in 2005 with the intention of constructing a large scale prison campus to replace the 19th century complex at Mountjoy Prison which the then Government planned to sell to fund the development. Due to the downturn in the economy, the scale of the project could not be accommodated within the capital allocation available and the project did not proceed. Over the decade since the original plan, international research has tended towards smaller prisons within reach of support communities as the best option for rehabilitation. In addition, in light of the decision not to proceed with Thornton Hall, significant capital investment has been made at the Mountjoy campus over recent years to upgrade accommodation and eliminate the practice of slopping out.
The Irish Prison Service now proposes to further develop the Mountjoy site over the period 2021-2031 as referenced in the National Development Plan. The aim is to bring the remainder of the prison up to an acceptable modern standard capable of serving custody and rehabilitation needs into the future.
In the meantime, the Thornton Hall site which is fully serviced and adjacent to Dublin airport remains in my Department’s ownership and in recent years a working group, which included representation from the OPW, considered future use options for the site. This included discussions with Fingal County Council. More recently, the site has also been flagged to the Department of Housing and Local Government. As such, the site will be considered both in the context of broader State requirements for land assets and future requirements in relation to detention of prisoners.
As requested by the Deputy, the table below has been updated to include the costs in respect of ongoing maintenance, repairs and utilities up to the end of 2017.
Maintenance, Repairs & Utilities (€)
|
Year |
|
|
2014 |
248,190 |
|
2015 |
117,930 |
|
2016 |
62,001 |
|
2017 |
74,999 |
193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an appeal of an application for access to the labour market in the case of a person (details supplied); and if he will make a statement on the matter. [44043/18]
View answerAs the Deputy is aware, if an application for International Protection and a related application for permission to access the labour market has been made in the State, for confidentiality reasons, it is not the practice to comment on such applications and the applicant or his legal representative should contact either the Labour Market Access Unit of INIS or the International Protection Appeals Tribunal (IPAT) directly.
The Labour Market Access Unit may be contacted either by email to lmauqueries@justice.ie or in writing to INIS Labour Market Access Unit at PO Box 12931, Freepost FDN5264, Dublin 2. The IPAT may be contacted either by email to info@protectionappeals.ie, by telephone at 01 474 8400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
