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Tuesday, 6 Nov 2018

Written Answers Nos. 351-374

Special Educational Needs

Questions (351)

Patrick O'Donovan

Question:

351. Deputy Patrick O'Donovan asked the Minister for Education and Skills if he will address a matter (details supplied) regarding access to a SENO; and if he will make a statement on the matter. [45604/18]

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Written answers

The National Council for Special Education (NCSE) is responsible, through its network of Special Educational Needs Organisers (SENOs), for fulfilling the functions of the NCSE Council within a designated area in relation to the identification of and delivery and co-ordination of education services to children with disabilities.The NCSE employs SENOs to provide a nationwide system of local services. Each SENO has responsibility for specific schools, primary, post primary and special, within their area. In general, the role of the SENO ensures that a child with special educational needs receives the supports they are entitled to.There are currently 83 sanctioned SENO posts in the NCSE. These include 1 Head of Local Services, 9 Senior SENO posts and 73 SENO posts. Since 2014, the number of SENO posts have increased from 67 to 73 while the NCSE's SENO management structure was strengthened in 2014, with the creation of a new professional post of Head of Local Services to directly manage the SENO grades.

In addition, from 21st March 2017, the Special Education Support Service (SESS), the National Behavioural Support Service (NBSS) and the Visiting Teacher Service for Children who are Deaf/Hard of Hearing and Children who are Blind/Visually Impaired (VTHVI) transferred from my Department to the NCSE and joined with the services already being provided by NCSE’s SENOs and administrative staff to form a new NCSE Support Service. This new service, which significantly increases the NCSE's support service by over 100, aims to develop schools’ capacity to include students with special educational needs and to promote a continuum of educational provision which is inclusive and responsive.

SENOs are available to advise parents in relation to supports which may be available to support children with special educational needs. The local SENO contact details are available on the NCSE’s website at: http://ncse.ie/seno-contact-list.

Question No. 352 answered with Question No. 329.

Early Retirement Scheme

Questions (353)

Brendan Griffin

Question:

353. Deputy Brendan Griffin asked the Minister for Education and Skills if a derogation on an early retirement ill health pension payment will be provided to a person (details supplied) to allow them to take up part-time therapeutic work and teaching; and if he will make a statement on the matter. [45708/18]

View answer

Written answers

The person to whom the Deputy refers was awarded early retirement with a pension on grounds of ill health some years ago.

When assessing an application for retirement on grounds of ill health, the Department must be satisfied that the terms of the pension scheme have been complied with. It must be determined based on medical evidence that the teacher is incapable by reason of infirmity of mind or body of discharging his/her duties as a teacher and that the infirmity is likely to be permanent.

A teacher who is awarded pension early on medical grounds may not subsequently engage in teaching. Where, however, a full recovery is made and a teacher wishes to return to teaching, prior to taking up any appointment , fresh medical evidence of fitness from the teacher’s current treating physician must be submitted for review by the Occupational Health Service (OHS) engaged by my Department.

Where a teacher is deemed by the OHS as fit to teach it is open to him/her to seek a teaching post. Where medical fitness to teach has been satisfactorily established, payment of pension benefits will then cease. The teachers’ pension scheme does not provide for a derogation as outlined by the Deputy.

Schools Building Projects Data

Questions (354)

Brendan Ryan

Question:

354. Deputy Brendan Ryan asked the Minister for Education and Skills the number of contractors who have registered their interest in the construction of a new school (details supplied) by the closing date for receipt of same of 1 November 2018; when actual tenders will be invited for the project; and if he will make a statement on the matter. [45729/18]

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Written answers

The closing date for pre-qualification of contractors was November 1 2018 at 5pm.

17 potential main contractors have expressed an interest in the project. An assessment of the submissions is to commence this week, arising from which further information may be requested and a short list will be prepared.

Following this process, the pre-qualified contractors will be invited to submit tenders for the major building project.

Schools Building Projects Status

Questions (355)

Brendan Ryan

Question:

355. Deputy Brendan Ryan asked the Minister for Education and Skills if the required clarifications have been received from the vendor of the site for schools (details supplied); if satisfactory, if a design team will be appointed for both projects; and if he will make a statement on the matter. [45730/18]

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Written answers

Engagement with the vendor is still ongoing in respect of outstanding clarifications regarding the proposed school site acquisition. Progress is being made on aspects of the proposed sale, however the appointment of a design team cannot be progressed at this juncture - I can assure you that officials in my Department are working to do so as soon as is possible.

Schools Building Projects Data

Questions (356)

Brendan Ryan

Question:

356. Deputy Brendan Ryan asked the Minister for Education and Skills if tenders have now been invited for the construction of a new school (details supplied) from the short-list of candidates drawn up after the pre-qualification process; if so, the closing date for receipt of tenders; and if he will make a statement on the matter. [45731/18]

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Written answers

The major building project referred to by the Deputy is at an advanced stage of architectural planning, Stage 2(b) – Detailed Design which includes the application for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents. All statutory approvals have been secured.

The outcome of the pre-qualification process has been notified to contractors who expressed interest in tendering for this project. Feedback and issues arising from same are currently being dealt with by the school and its Design Team. When this process has concluded the project will then be progressed to tender stage.

A tender stage normally takes between 7 and 8 months to complete.

Question No. 357 answered with Question No. 307.

Schools Building Projects Status

Questions (358)

Brendan Ryan

Question:

358. Deputy Brendan Ryan asked the Minister for Education and Skills if a design team has been appointed for the refurbishment and extension to a school (details supplied); and if he will make a statement on the matter. [45734/18]

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Written answers

The current status of the major building project referred to by the Deputy is that the project brief has been finalised. It is envisaged that this project will be progressed under the new ADAPT 2019-2021 programme.

ADAPT is an accelerated programme which uses a professional external Project Manager to coordinate and drive the respective design teams on each project.

A design team is not currently appointed for this project.

Schools Building Projects Applications

Questions (359)

Brendan Griffin

Question:

359. 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. [45754/18]

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Written answers

I can confirm that my Department is in receipt of an application for the provision of a PE hall for the school in question.

As the Deputy is aware, my Department is committed to a PE Hall build and modernisation programme, starting in the second half of the Project Ireland 2040 period, that will ensure that students in all post-primary schools have access to state of the art facilities to support PE provision, particularly in the context of the roll-out of P.E. as a leaving certificate subject.

Teaching Contracts

Questions (360)

Peter Burke

Question:

360. Deputy Peter Burke asked the Minister for Education and Skills if he will lift the ban on a practice (details supplied); and if he will make a statement on the matter. [45758/18]

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Written answers

The provisions regarding teaching whilst on Career Break are set out in Chapter Eight of the “Terms & Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools”

Paragraph 5.1 states:

“In exceptional circumstances a teacher on a Career Break may be employed on the following basis:

in Post Primary – for a maximum of 300 hours in a school year

in Primary – for a maximum of 90 days in a school year “

In response to issues raised in relation to teacher supply, the above restrictions were suspended in January 2018 for the remainder of the 2017/2018 school year.

As the Deputy may be aware my Department has recently established a Teacher Supply Steering Group which is chaired by the Secretary General of my Department and is to consider issues that impact on teacher supply, including: initial teacher education policy, provision, funding and support; data/research requirements; policies and arrangements for schools and teachers that impact on teacher mobility/supply; and promotion of the teaching profession.

The lifting of restrictions on teaching whilst on Career Break for the 2018/19 school year is one of the measures currently under consideration by the Steering Group.

Schools Building Projects Status

Questions (361)

Eoin Ó Broin

Question:

361. Deputy Eoin Ó Broin asked the Minister for Education and Skills the capital funding for the extension to a school (details supplied); the timeline for completion of the project; the reason for the delay in bringing this project to completion; and if this capital project will be completed in view of the need for additional space at the school. [45776/18]

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Written answers

The major building project for the school referred to by the Deputy is at an advanced stage of Architectural Planning – Stage 2b (Detailed Design) which includes the application for statutory approvals and the preparation of tender documents. All statutory approvals have been secured.

A revised Brief Change Request has recently been reviewed and approved by the Department. Dublin Dún Laoghaire Educational and Training Board has been advised by the Department to instruct its Design Team to incorporate the approved Brief Change Request into the Stage 2(b) submission. The Design Team is currently proceeding to complete work on the stage 2(b) submission.

Upon receipt and review of the Stage 2(b) Submission, my Department will revert to Dublin Dún Laoghaire Educational and Training Board with regard to the further progression of this project at that time.

Teachers' Remuneration

Questions (362)

Niamh Smyth

Question:

362. Deputy Niamh Smyth asked the Minister for Education and Skills the reason a person (details supplied) cannot get on a higher pay grade; and if he will make a statement on the matter. [45780/18]

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Written answers

The issue referred to by the Deputy relates to a Post Graduate Certificate of Education (PGCE) . The position is that post primary PGCE is awarded on an unclassified pass/fail basis and the associated allowance is paid at pass Higher Diploma level. In order for the allowance to be upgraded to honours Higher Diploma level the teacher concerned must present her employer with a letter from the awarding University stating “ that had the PGCE been awarded on a percentage basis, the overall result would have been equal to or higher than 55%”.

Schools Establishment

Questions (363)

Catherine Martin

Question:

363. Deputy Catherine Martin asked the Minister for Education and Skills further to Parliamentary Question No. 292 of 23 October 2018, if he will provide a copy of the most recent data from the geographical information system that was gathered for the school planning area for Skerries in addition to details of the demographic exercises mentioned; and if he will make a statement on the matter. [45781/18]

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Written answers

In order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, to identify where the pressure for school places across the country will arise. With this information, my Department carries out nationwide demographic exercises to determine where additional school accommodation is needed at primary and post-primary level.

Where demographic data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, depending on the circumstances, be provided through either one, or a combination of, the following:

- Utilising existing unused capacity within a school or schools,

- Extending the capacity of a school or schools,

- Provision of a new school or schools.

For school planning purposes, Skerries is located in the Skerries school planning area which is currently served by one post-primary school. The following post-primary schools were established in recent years in the adjoining school planning areas of Rush&Lusk and Balbriggan:

- 1,000 pupil post-primary school established in 2013 to serve the Rush&Lusk school planning area;

- 700 pupil post-primary school established in 2014 to serve the Balbriggan school planning area; and

- 700 pupil post-primary school established in 2016 to serve the Balbriggan school planning area.

The demographic data for the Skerries school planning area indicates that enrolments are projected to peak in 2023 at just over 1,000 post-primary pupils. While there is also an element of additional residential development in this area, it is not of a level that would require a new school. The requirement for new schools will be kept under on-going review and in particular would have regard for the increased roll-out of housing provision as outlined in Project Ireland 2040.

My Department has been liaising with the school’s patron in relation to an application for additional accommodation at the post-primary school in this school planning area. In this regard, my Department has approved in principle the provision of additional permanent accommodation consisting of 3 general classrooms, 1 Science Lab, 1 Art room and 3 Special Education Teaching rooms. As an interim arrangement, my Department has also approved the rental of temporary accommodation to the school pending the delivery of the permanent accommodation solution. My Department will continue to work with the patron to address the school’s interim and long-term accommodation needs.

School Transport Provision

Questions (364)

Billy Kelleher

Question:

364. Deputy Billy Kelleher asked the Minister for Education and Skills when school transport will be provided for a person (details supplied) under the school transport scheme. [45810/18]

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Written answers

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

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

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.

The child referred to by the Deputy is eligible for school transport under the terms of my Department's School Transport Scheme for Children with Special Educational Needs.Bus Éireann is currently finalising transport arrangements and I have requested that they liaise directly with the family in this regard. In the meantime, the family may avail of the Special Transport Grant towards the cost of providing private transport until a service is established.

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

School Curriculum

Questions (365)

Michael McGrath

Question:

365. Deputy Michael McGrath asked the Minister for Education and Skills if consideration has been given to the inclusion of the need to respect animals in an aspect of the curriculum at primary or second level; and if he will make a statement on the matter. [45847/18]

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Written answers

At primary school level, social, environmental and scientific education enables the child to learn and practice a wide range of skills; and to acquire open, critical and responsible attitudes, including caring for animals.

Engagement with the Living Things strand unit in the science curriculum gives children the opportunity to study animals and their life processes in the context of their interrelationships with plants and people. For example, the science curriculum aims to enable children to appreciate that people share the environment with animal life and that living things have essential needs for growth. In addition, children explore how to care for and respect animals and how to take action to protect their environment. Through the science curriculum, children also come to recognise that people, plants and animals depend on each other.

In the course of their work, teachers in different disciplines use various support materials produced by bodies such as the Irish Society for the Prevention of Cruelty to Animals, Compassion in World Farming and other national Animal Welfare Charities who provide either free primary school programmes to schools or facilitate educational visits from schools.

At post primary it is a matter for schools to decide which subjects they wish to offer. One of the Leaving Certificate subject options available is Biology. Through the study of Biology students explore the diversity of life and the inter-relationships between organisms and their environment. They become aware of the use of living organisms and their products to enhance human health and the environment.

There is a Level 2 Short course for Junior Cycle: A Personal Project: Caring for Animals. This short course builds on and promotes the development of a range of personal, social and practical skills in the context of learning about an animal of special interest to the student. As well as content knowledge, students develop essential skills such as those of communication and language; thinking and reasoning; labelling; classifying; comparison and inferring. Knowledge, skills and attitudes for life are developed through links with the community, creative projects, numeracy, communication and literacy.

School Transport Administration

Questions (366)

Niamh Smyth

Question:

366. Deputy Niamh Smyth asked the Minister for Education and Skills when improvements will be made to the school transport service in counties Cavan and Monaghan; and if he will make a statement on the matter. [45873/18]

View answer

Written answers

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

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

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 have been accommodated on school transport services where such services are in operation for the 2018/19 school year.

Children who are not eligible for school transport may apply for transport and may be facilitated where spare seats are available after eligible children have been accommodated. Where the number of ineligible children exceeds the number of spare seats available Bus Éireann will allocate tickets for the spare seats using an agreed selection process.

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

North-South Implementation Bodies

Questions (367)

Micheál Martin

Question:

367. Deputy Micheál Martin asked the Minister for Education and Skills if he will report on the allocation in 2019 to North-South bodies in his Department; and if he will make a statement on the matter. [45895/18]

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Written answers

Allocations including those for North South bodies will be made following the publication by the Department of Public Expenditure and Reform of the Revised Estimates Volume 2019, which is likely to take place in December 2018.

Commissions of Investigation Data

Questions (368)

Tony McLoughlin

Question:

368. Deputy Tony McLoughlin asked the Minister for Education and Skills the amount his Department has spent in 2018 on carrying out commissions of investigations and State inquiries as recommended by the Independent Review Mechanism and State tribunals; the number and name of these investigations; the individual costs in relation to same; and if he will make a statement on the matter. [45909/18]

View answer

Written answers

My Department has not incurred any expenditure in 2018 in carrying out commissions of investigations and State inquiries as recommended by the Independent Review Mechanism or any State Tribunals.

Schools Building Contractors

Questions (369)

Róisín Shortall

Question:

369. Deputy Róisín Shortall asked the Minister for Education and Skills when, and the person or body by which, building works were certified in each case in respect of the 42 schools built by a company (details supplied). [45940/18]

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Written answers

Pre 2014, the contractor and the contractor’s design team were fully responsible for ensuring quality and for certifying that the buildings were being constructed in accordance with the works requirements and building regulations.

Under current regulations, an independent Assigned Certifier is also appointed. The Assigned Certifier gathers and relies upon the ancillary certificates which must be provided by the contractor and its design team. The responsibility for the design and the execution of the works in compliance with the building regulations therefore remains with the contractor in a design and build contract.

Details on the year of completion of the 42 schools in question is available on my Department's website.

Schools Building Projects Data

Questions (370, 371, 372)

Róisín Shortall

Question:

370. Deputy Róisín Shortall asked the Minister for Education and Skills the project management arrangements and the name of the company involved in each case in respect of the 42 schools built by a company (details supplied) [45941/18]

View answer

Róisín Shortall

Question:

371. Deputy Róisín Shortall asked the Minister for Education and Skills the number of complaints received in respect of structural issues, health and safety issues and shoddy workmanship, respectively in each case in respect of the 42 schools built by a company (details supplied). [45942/18]

View answer

Róisín Shortall

Question:

372. Deputy Róisín Shortall asked the Minister for Education and Skills the company or persons who carried out the assessment in respect of structural defects in each case in respect of the 42 schools built by a company (details supplied); and if other defects relating to health and safety issues and shoddy workmanship were identified in each case. [45943/18]

View answer

Written answers

I propose to take Questions Nos. 370 to 372, inclusive, together.

The decision to commence a wider programme of structural assessments of the 42 schools constructed by the company in question was taken following the identification of structural issues at Phase 1 of Ardgillan Community College and at two schools in Tyrrelstown.

The structural assessment programme was project-managed by KSN PM on behalf of the Department, with Punch Consulting Engineers conducting the actual assessments.

The use of the one structural engineering firm ensured that a consistent approach was applied to the assessment of each school. The focus in this most recent programme of assessments was specifically on structural issues.

In 2017, fire safety assessments had been initiated on a number of schools constructed by the same company. These assessments uncovered deficiencies in a number of the schools assessed.

Schools Building Projects Data

Questions (373)

Róisín Shortall

Question:

373. Deputy Róisín Shortall asked the Minister for Education and Skills the cost incurred in addressing defects in each of the 42 schools built by a company (details supplied); and if he will make a statement on the matter. [45944/18]

View answer

Written answers

The Department's priority has been the implementation of precautionary measures to facilitate safe reoccupation of schools this week. Following structural assessments, it was deemed that precautionary measures were required across 22 schools (with a further school building, Phase 1 of Ardgillan Community College, remaining closed).

Further detailed structural investigations will be required to determine the nature and scale of the permanent remediation works required across all schools.

The cost of these works is therefore not yet available.

Legal Aid Service Data

Questions (374)

Tony McLoughlin

Question:

374. Deputy Tony McLoughlin asked the Minister for Justice and Equality the funding that has been spent since 2012 on free legal aid; the number of persons this has served; the allocation by county in tabular form; and if he will make a statement on the matter. [44599/18]

View answer

Written answers

I wish to inform the Deputy that the provision of legal aid falls in two categories, that is, civil legal aid and criminal legal aid. Details in respect of each are outlined below.

Civil Legal Aid

The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The Board operates 30 full time law centres and a number of part time law centres in Ireland. The Board also provides mediation services to help separating couples to negotiate their own agreement.

The majority of the Board's income consists of a grant received from the Department of Justice and Equality. This funding is used to provide the Board's services in all its offices across the country, as well as the support services provided to law centres centrally from the Board's head office.

It is not possible to extract and isolate the total cost of civil legal aid in any one office/county in a given year as it would be necessary to devise a basis on which to attribute, to each county, all expenditure incurred by the Board centrally. Complexities may also arise at local level with regard to the delivery of civil legal aid, for example a client living in County Limerick may choose to apply to Ennis Law Centre. Also, in a case where two parties to a dispute seek the services of the Board at one law centre, one party will be required to engage with a different law centre, which may be in a neighbouring county.

Funding provided to the Legal Aid Board by my Department for the last seven years is provided in the following table.

Year

Budget Allocation €m

2018

40.275

2017

38.988

2016

34.838

2015

32.471

2014

32.574

2013

33.759

2012

32.922

The following table sets out the number of cases handled in Legal Aid Board law centres, and the number of cases referred by the Legal Aid Board to private solicitors each year in the period 2012-2017.

Year

2012

2013

2014

2015

2016

2017

Cases handled in law centres*

17,652

17,304

18,338

17,959

17,213

18,170

Referred to solicitors panels**

5,082

5,640

5,241

5,534

5,923

8,532

*Cases handled in law centres include international protection (asylum) cases in 2017 only. Comparable data in relation to such cases is not available in previous years.

**Referrals to solicitors panels include Abhaile cases in 2016 and 2017 only. The Abhaile scheme started on 22nd July 2016.

Criminal Legal Aid

The Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.

Expenditure on criminal legal aid since 2012 is set out in the Table below along with data provided by the Courts Service regarding the number of legal aid certificates granted in the District Court. It should be noted the number of certificates does not equate to the number of persons granted criminal legal aid as more than one certificate may be granted to any one person. The number of legal aid certificates granted by the District Court in October 2018 is not yet available.

Statistics are not compiled in such a manner as to readily identify expenditure on a county by county basis.

Year

Number of Certificates Granted

Expenditure

2012

49,639

€50.534m

2013

49,843

€50.863m

2014

51,128

€49.890m

2015

53,937

€50.879m

2016

55,617

€52,998m

2017

64,181

€58,139m

2018

52,636 (to end of September)

49,230m (to end of October)

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