Written Answers Nos. 244-261
244. Deputy Willie Penrose asked the Minister for Education and Skills the criteria applicable to schools admissions following the enactment of the Education (Admission to Schools) Act 2018 with particular emphasis on family and sibling connections to schools; and if he will make a statement on the matter. [47088/18]
View answerThe Education (Admission to Schools) Act 2018 was signed into law by the President on the 18th July 2018. The overall objective of the Act is to provide a new framework for school enrolment that is designed to ensure that every child is treated fairly and that the way in which schools decide on applications for admission is structured, fair and transparent.
The Act does not prohibit schools from having a criteria that provides a priority to siblings in their school admission policy. The Act does however contain a provision that places a cap of 25% on the number of places that can be reserved by a school for children of a parent or grandparent having previously attended the school.
On the 3rd October 2018, a number of sections of the Act were commenced and take effect from that date. The remaining sections of the Act, which have not yet been commenced, including the section relating to admission policies for schools, will require regulations and procedures to be drafted following consultation with the Education Partners prior to commencement.
It is planned to have these new arrangements in place for the 2020/21 school year.
245. 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. [47113/18]
View answerA number of requests to undertake the Senior Cycle (Leaving Certificate) programme over a one-year period are received each year, the Department under its rules does not provide for this option. This is because the programme, both in breadth and depth, was purposely designed to be covered over two academic years and not one. The Department has a responsibility to all students to ensure that sufficient time is given to them to fully cover the Leaving Certificate programme and to allow them prepare for the terminal examinations.
The Department also has a duty to ensure that the Rules and Programmes for Secondary Schools are implemented correctly and that all students are treated in a fair and equitable manner. Section VI – Certificates and Examinations - Rule 35 of the Rules sets out the eligibility criteria for admission to the Leaving Certificate examination. This rule requires all candidates to have completed a Leaving Certificate course as a recognised senior pupil in a second-level school for not less than two years.
246. Deputy John Curran asked the Minister for Education and Skills the reason the issue of class sizes in primary schools was not addressed in the Budget Statement 2019; his plans to address this issue; and if he will make a statement on the matter. [47130/18]
View answerBudget 2019 marks the third year of a major reinvestment in the education sector, as we continue to implement the Action Plan for Education, our plan to make Ireland’s education and training service the best in Europe by 2026. In 2019, the budget for the Department of Education and Skills will increase by €674 million, a 6.7% increase on last year. In total, the Education budget will have increased by €1.7 billion compared to 2016.
Budget 2019 will see numbers employed in our schools reach the highest ever level. Over 1,300 additional posts in schools will be funded, including more than 370 teaching posts to cater for growth in student population and additional special classes. This builds on the Budget 2018 measure which provided a one point improvement in the staffing schedule in primary schools which brings the position to the most favourable ever seen at primary level.
The latest figures in relation to pupil teacher ratios show an improved ratio of teachers to students from 16:1 to 15.3:1 at primary level when comparing the 2015/16 school year to the 2017/18 school year. Average class sizes at primary level improved from 24.9 to 24.5 in the same period.
Any additional increase in the teacher numbers has to be considered as part of future budgetary processes, alongside the many other demands from the education sector.
247. Deputy John Curran asked the Minister for Education and Skills the progress of the publication of the education (parent and student charter) Bill; and if he will make a statement on the matter. [47131/18]
View answerIn January of this year the Government approved the formal drafting of an Education (Parent and Student Charter) Bill. Since then, my Department has been working on the formal drafting of the Bill in conjunction with Office of the Parliamentary Counsel and it is expected that this process will be completed shortly.
As soon as the drafting process is complete, it is my intention to seek Government approval for the publication of the Bill and the presentation of the Bill to the Dáil.
248. Deputy Mary Lou McDonald asked the Minister for Education and Skills the outcomes from the recent meeting of the interdepartmental committee to examine the way in which existing State services can best meet the residential institutions survivors into the future; and the publication date agreed by the committee for its final report. [47133/18]
View answerThe first meeting of the inter-Departmental committee was held on 5th November. The committee comprises representatives from Departments of Education and Skills, Children and Youth Affairs, Employment Affairs and Social Protection, Housing, Planning and Local Government, Foreign Affairs and Trade, Justice and Equality, Health and Public Expenditure and Reform.
Survivors have always been able to avail of existing mainstream services. People availing of these services don't self identify as survivors of institutional abuse. There was a general discussion on how mainstream services could be signposted so that people who are particularly marginalised as a result of their traumatic childhoods could be reached.
It is anticipated that the committee will report by mid 2019.
249. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna cén uair a chuirfidh an Chomhairle Mhúinteoireachta uimhir mhúinteora ar fáil do mhúinteoir (sonraí curtha ar fáil) a rinne iarratas ar a leithéid i mí Lúnasa; cén chúis atá leis an moill í a eisiúint; agus an ndéanfaidh sé ráiteas ina thaobh. [47190/18]
View answerFaoi Achtanna na Comhairle Múinteoireachta 2001-2015, is í an Chomhairle Mhúinteoireachta an comhlacht a bhfuil údarás agus freagracht reachtúil aici as gairm na múinteoireachta in Éirinn a rialáil lena n-áirítear oidí a chlárú.
Cláraíonn an Chomhairle Mhúinteoireachta oidí de réir Rialachán na Comhairle Múinteoireachta [Clárú] 2016, Ionstraim Reachtúil 444/2016, arna leasú, lena ndéantar foráil maidir le bealaí éagsúla clárúcháin, lena n-áirítear bunoideachas, oideachas iarbhunscoile agus breisoideachas.
Faoi alt 30 de na hAchtanna Comhairle Mhúinteoireachta, ní mór d’iarratasóir ar phost múinteoireachta atá á mhaoiniú ag an Oireachtas a bheith cláraithe leis an gComhairle Mhúinteoireachta.
Tá sé tábhachtach go leanann iarratasóir ar chlárú a bheith ag plé go díreach leis an gComhairle Mhúinteoireachta lena n-iarratas ar chlárú mar oide in Éirinn a chur chun cinn.
250. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which efforts continue to be made to create apprenticeship opportunities under various trades; the degree to which shortages have been identified; and if he will make a statement on the matter. [47207/18]
View answerApprenticeship is a demand driven educational and training programme, which aims to develop the skills of an apprentice in order to meet the needs of industry and the labour market. Consequently, the number of apprentices being registered is determined by employers within each sector. My Department is committed to supporting the increased registration of apprentices across all sectors. New apprenticeship registrations have risen from 2,698 in 2014 to 4,843 in 2017, which represents an increase of almost 80%.
As the Deputy is aware, the Government is currently expanding the range of apprenticeships on offer to meet the identified skill needs of industry. To date 17 new apprenticeship programmes are now operational following the Apprenticeship Council’s two calls for apprenticeship proposals in 2015 and 2017. These new programmes span a variety of sectors ranging from financial services, biopharma, ICT to hospitality. Further new apprenticeships will get underway in 2018 and 2019 in various sectors including construction, engineering, horticulture and agriculture. Over the lifetime of the Action Plan to Expand Apprenticeship and Traineeships 2016-2020 we will see over 40 new apprenticeships being delivered.
251. Deputy Thomas Byrne asked the Minister for Justice and Equality his plans to introduce legislation in which a commercial property owner is restricted from asking tenants to leave if the owner is selling the property. [46708/18]
View answerThere are no legislative provisions dealing with the particular circumstances described by the Deputy.
Section 16 of the Landlord and Tenant (Amendment) Act 1980 provides for the general rule that a tenant shall be entitled to a new tenancy beginning on the termination of the previous tenancy. The new tenancy shall be on such terms as may be agreed between the landlord and the tenant or, where no such agreement can be reached, the Court may fix the terms.
Section 17 of the 1980 Act specifies a number of restrictions relating to the right to a new tenancy. Under the section, a tenant is not entitled to a new tenancy where:
- an existing tenancy has been terminated due to non-payment of rent;
- an existing tenancy has been terminated due to a breach by the tenant of a covenant of the tenancy;
- the tenant has terminated his or her previous tenancy by notice of surrender;
- the tenancy has been terminated by notice to quit given by the landlord for good and sufficient reason;
- the landlord intends or has agreed to demolish and rebuild the premises and has planning permission for the work;
- the landlord requires vacant possession for the purpose of carrying out a scheme of development of property which includes the premises;
- for any reason the creation of a new tenancy would not be consistent with good estate management.
In addition, section 17 provides for certain restrictions on the granting of a new tenancy where the landlord is a local authority.
Government approval for the drafting of a Landlord and Tenant Law Reform Bill was granted in September 2011. The objective of the draft Bill, which is broadly based on recommendations in a 2007 Report of the Law Reform Commission, is to update and streamline the general law relating to landlord and tenant. This will involve repealing the Landlord and Tenant Law Amendment Act Ireland 1860 (more commonly know as Deasy's Act) and various other obsolete and inappropriate pre-1922 statutes, together with some statutory provisions or more recent origin, and replacing them with a statutory framework more suited to modern conditions.
Due to pressure of other legislative priorities drafting of the Bill remains at a very early stage in the Office of the Parliamentary Counsel.
252. Deputy Mary Lou McDonald asked the Minister for Justice and Equality when primary legislation will be introduced in order to extend the medical card and other health-related supports to the surviving women of the Magdalen laundries who have previously been excluded from the redress scheme due to the fact that they were recorded as being admitted to a different institution closely associated with their respective laundries within which they worked unpaid. [46952/18]
View answer253. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the benefits and entitlements that his Department will now provide to the surviving women of the Magdalen laundries who have previously been excluded from the redress scheme due to the fact that they were recorded as being admitted to a different institution that was closely associated with their respective laundries within which they worked unpaid. [46964/18]
View answerI propose to take Questions Nos. 252 and 253 together.
Arising from a recommendation made by the Ombudsman in his report on the operation of the 2013 Magdalen Restorative Justice ex gratia Scheme, the Government decided in May 2018 to apply the scheme to women who worked in the laundries of the 12 ‘Magdalen’ Institutions but who were resident in one of 14 adjoining institutions. To put this decision into effect, an Addendum to the scheme was drafted and has been approved by the Attorney General. This Addendum is published on the website of my Department - www.justice.ie - and lists the applicable institutions. Letters to the women potentially covered by the Addendum are issuing this week.
Although there is a difference in the way awards are calculated as between those women who are covered under the original 2013 scheme and those covered by the Government decision of May 2018, it is Government policy that benefits should accrue to both cohorts in the same way. This necessitates changes to two primary pieces of legislation - covering tax exemption in respect of awards made and the provision of certain health services. To this end, a specific provision in respect of tax exemption has been made in the Finance Bill 2018. Further, the Government has recently approved the drafting of an amendment to the Redress for Women Resident in Certain Institutions Act 2015 to ensure that same health benefits that apply to the women covered by the original 2013 scheme also apply to those women covered by the Addendum. Both legislative amendments will be progressed through the Oireachtas as quickly as possible.
254. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of Garda by rank and location in the Louth Garda division and Ashbourne, Meath division; and if he will make a statement on the matter. [46466/18]
View answerAs the Deputy will appreciate, 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. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
The Garda strength by Station for the Louth Division and the Meath Division, as provided by the Garda Commissioner from 2009 is available on my Department’s website through the link below.
Gardaí by rank and location
For more general information on Garda Facts and Figures please see the link below
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
255. Deputy Micheál Martin asked the Minister for Justice and Equality the policy on the need for note taking when Ministers and-or Ministers of State meet business and other leaders; the way in which this policy is outlined; and if he will make a statement on the matter. [46495/18]
View answerMy Department's "Minister and Secretary General Decisions and Record Keeping Policy", last updated in January 2017, formalises best practice principles for the timely and accurate recording of decisions of the Minister, Ministers of State, Secretary General and Management Board, as well as the recording of key discussion points and decisions taken at meetings with the Minister, Ministers of State and/or Secretary General.
The policy also provides for the nomination or designation of a note taker at such meetings.
A reminder issued to all staff in August of this year, reiterating the importance of proper record-keeping in the context of informing future-decision making and complying with statutory requirements.
256. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to establish a Garda transport division to deal with the increasing levels of anti-social behaviour and criminality on the public transport systems; and if he will make a statement on the matter. [46512/18]
View answerThe Deputy will appreciate that the allocation of all Garda resources, including personnel, is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no direct role in the matter. This would include the establishment of a dedicated Garda Transport Division for our public transport systems.
However, I can advise the Deputy that on foot of representations received from my colleague, the Minister for Tourism, Trade and Sport and the National Bus and Rail Union (NBRU) in relation to this issue as well as incidents of anti-social behaviour on the rail network, the views of the Garda Commissioner have been sought. I look forward to examining any suggestions the Commissioner might have in this regard.
More generally, I am advised that An Garda Síochána has a close working relationship with transport operators and together they are tackling any instances of anti-social behaviour head-on. A range of regional and local operations have been put in place to address incidents and issues that have arisen at specific locations. There is ongoing communication between Gardaí and the respective control centres, and access to good quality CCTV helps provide assistance to Gardaí when investigating serious incidents.
I am further advised that An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. Close contact is being maintained with local and senior management with Irish Rail and other transport providers. Gardaí have a good working relationship with the public transport services providers within the District and patrols of uniformed and plain-clothes Gardaí, including personnel on foot patrols and other community engagement duties are maintained in the vicinity of the area where such incidents occur.
257. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if his attention has been drawn to the serious concerns regarding drug-related crime in Drogheda and east County Meath, such as the recent discharge of five bullets from a firearm into a dwelling house in a residential area; and if he will make a statement on the matter. [46513/18]
View answerI am very much aware of the impact that this type of criminal activity can have on communities, and I want to assure the Deputy that the Government remains absolutely committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.
It is important to note that it is the Garda Commissioner who is responsible for the distribution of Garda resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. However, I am advised that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources in East Meath.
I understand that An Garda Síochána are conducting full investigation into the firearm incident highlighted by the Deputy and as such it would be inappropriate for me to comment any further at this time.
I am further advised by the Garda authorities that every effort will continue to be made to disrupt the activities of any groups who may be involved in these incidents and to arrest and prosecute offenders.
In relation to drug related crime, it is important to say that An Garda Síochána remains resolute in its determination to act against those within society who pose a significant threat to the welfare and well-being of our citizens and the communities they serve. A core focus of the work carried out by An Garda Síochána is aimed at tackling drugs and organised crime. The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other state agencies tasked with responsibilities in this regard.
The Deputy will be aware that the Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. Community policing is at the heart of An Garda Síochána as it recognises that every community, either urban or rural, has its own concerns and expectations. The role of a community Garda is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation of Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others.
I am advised by the Commissioner that since the reopening of the Garda College in September 2014 almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 35 have been assigned to Drogheda Garda station. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016. This year a further 800 new Garda Recruits will enter the Garda College and we are on track to reach 14,000 by the end of 2018.
I strongly welcome the funding provided in Budget 2019 for the recruitment of up to 800 Garda recruits next year, along with necessary civilian Garda staff. This ongoing recruitment will provide the Commissioner with the resources both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties following civilianisation of their roles. The net benefit of this is the increased Garda visibility and greater response to the policing needs of communities in every Garda Division.
258. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason an application for naturalisation by a person (details supplied) has not been expedited in view of the fact that the person's residency permit will expire in January 2019; and if he will make a statement on the matter. [46527/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is due to be invited to attend the next citizenship ceremony which will take place on 26 November 2018 in The Killarney Convention Centre, Gleneagle Hotel, Killarney, Co. Kerry, and to receive her certificate of naturalisation there. That invitation is due to issue in the coming week.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
259. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to extend the opening hours of Kilcock Garda station with particular reference to enhanced community policing in the area; and if he will make a statement on the matter. [46544/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is primarily responsible for the effective and efficient use of resources available to An Garda Síochána, including operational matters such as the opening hours of Garda stations. As Minister, I have no role in relation to that matter.
I am informed by the Garda authorities that Kilcock Garda Station, located in the Leixlip District which forms part of Kildare Division, is open Monday, Wednesday and Friday from 7pm to 9pm and Tuesday from 1pm to 4pm (man power permitting).
I am advised by the Garda authorities that the strength of the Kildare Division was 379 on the 30 September 2018, the latest date for which figures are readily available. Of these, I am informed that 106 members are assigned to the Leixlip District and 9 members are assigned to Kilcock Garda Station. Where appropriate, the work of local Gardaí is also supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
It should be noted that community policing is at the heart of An Garda Síochána, in recognition of the fact that every community, either urban or rural, has its own concerns and expectations. The role of a community Garda is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties.
I understand from the Garda authorities that the allocation of Garda resources is subject to constant review in light of crime trends and policing needs arising, to ensure optimum use of resources and that the best possible policing service continues to be provided to the public.
260. Deputy Catherine Connolly asked the Minister for Justice and Equality when the provisions of the Assisted Decision-Making (Capacity) Act 2015 will be implemented in full; the progress made to date in implementing same; and if he will make a statement on the matter. [46563/18]
View answer261. Deputy Catherine Connolly asked the Minister for Justice and Equality when Part 7 of the Assisted Decision-Making (Capacity) Act 2015 will be commenced and implemented; the progress made to date in implementing same; and if he will make a statement on the matter. [46564/18]
View answerI propose to take Questions Nos. 260 and 261 together.
The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act, including Part 7, can be commenced.
A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission (MHC) and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing. The Steering Group meets approximately once a month to monitor progress.
The Director of the DSS is working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the DSS can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.
Every effort is underway to ensure that the DSS has all necessary capacity to open for business as soon as possible. While the DSS has been working towards being operational and ready for the commencement of the main provisions of the Act in early 2020, the situation will be kept under review as the preparatory work on implementation moves forward.
In April 2018, the MHC engaged the consultancy firm BearingPoint to support the development of a detailed, costed plan to establish a fully operational Decision Support Service. The contract also includes ongoing project management support for the design and establishment of the organisation, business processes, IT systems and risk management framework.
The MHC has in recent weeks received sanction for the recruitment of a number of staff for the DSS and also a number of staff to provide shared services for the MHC and DSS. The MHC proposes to recruit these staff on a phased basis between now and 1 January 2020.
The National Disability Authority is currently finalising its work on the suite of draft codes of practice in relation to non-healthcare matters which are required to be prepared under section 103 of the Assisted Decision-Making (Capacity) Act 2015.
In June 2018, my Department recruited an external legal expert to assist in the preparation of draft regulations in relation to decision-making assistance agreements, co-decision-making agreements, certain matters relating to decision-making representatives, and enduring powers of attorney. These regulation-making powers are provided for in sections 10(4), 31, 45(3), 45(4), 46(3) and 79 of the Assisted Decision-Making (Capacity) Act 2015. Work on the draft regulations is ongoing.
The 2019 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
