Written Answers Nos. 154-166
154. Deputy Mattie McGrath asked the Minister for Education and Skills the reason a student that is not satisfied with their leaving certificate results in agricultural science cannot appeal the project portion of their results which accounts for 25% of the overall marks; if this anomaly will be reviewed; and if he will make a statement on the matter. [47274/18]
View answerThe State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
155. Deputy Gino Kenny asked the Minister for Education and Skills his views on the recent cuts to the number of special needs assistants at a school (details supplied); his plans to fund the restoration of an adequate level of SNAs within the school; and if he will make a statement on the matter. [47280/18]
View answerThe National Council for Special Education (NCSE) is responsible for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support enrolled in the school.
The NCSE allocates SNA support to schools in accordance with the criteria set out in Department Circular 0030/2014, which is available on my Department's website at www.education.ie, in order that students who have care needs can access SNA support as and when it is needed.
In considering applications for SNA support for individual pupils, the NCSE take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.
SNAs are not allocated to individual children but to schools as a school based resource.
SNA allocations to all schools can change from year to year as children with care needs leave the school, as new children with care needs enrol in a school and as children develop more independent living skills and their care needs diminish over time.
My Department’s policy is to ensure that every child who is assessed as needing SNA support will receive access to such support.
By the end of this year, there will be a total of 15,000 Special Needs Assistants working in our schools, a 42% increase on 2011.
The NCSE Appeals Process may be invoked by a parent or a school where it is considered that a child was not granted access to SNA support on the grounds that Department policy was not met in accordance with Circular 0030/2014.
Schools may also appeal a decision, where the school considers that the NCSE, in applying Department policy, has not allocated the appropriate level of SNA support to the school to meet the care needs of the children concerned.
Where a school has received its allocation of SNA support for 2018/19, but wishes new enrolments or assessments to be considered, which were not taken into account when the initial allocation was made, they may make a further application to the NCSE.
As this question relates to a particular school, I have referred the question to the NCSE for their direct reply. I do not have a role in making determinations in individual cases.
156. Deputy Thomas Byrne asked the Minister for Education and Skills the status of a project (details supplied). [47299/18]
View answerI wish to advise the Deputy that my Department is now approving grant for a 4-classroom Special Educational Needs Unit at the school in question. The school patron has been advised accordingly.
157. Deputy Charlie McConalogue asked the Minister for Education and Skills the status of an appeal by a school (details supplied); and if he will make a statement on the matter. [47304/18]
View answerI can confirm that my Department recently received correspondence from the school referred to by the Deputy seeking a review of their application in for additional accommodation.
The matter is currently being considered and my Department will be in further contact with the school authority on the matter at the earliest opportunity.
158. Deputy Clare Daly asked the Minister for Education and Skills further to Parliamentary Question No. 296 of 6 November 2018, the amount of temporary accommodation that has been approved; the numbers it will accommodate; and when the accommodation will be in place and accessible to the school. [47370/18]
View answer159. Deputy Clare Daly asked the Minister for Education and Skills further to Parliamentary Question No. 296 of 6 November 2018, his plans to provide a permanent building to accommodate students at a school (details supplied). [47371/18]
View answerI propose to take Questions Nos. 158 and 159 together.
As the Deputy is aware, a building project to provide permanent accommodation for the school to which she refers is included on my Department's capital programme. In this regard, my Department is currently engaging with the school's Trustees in relation to the requirement for a site to facilitate the project.
The Deputy will be aware that my Department recently approved additional interim accommodation for the school. This accommodation consists of 2 Science Labs, 1 Technical Graphic / Design Communications Graphic's Room and 1 General Classroom. The installation of this accommodation has been devolved to the school authority for delivery.
160. Deputy Róisín Shortall asked the Minister for Education and Skills the building projects that are under way with a company (details supplied); his plans to continue with these contracts in view of the serious structural defects that have been identified in many of the schools built by this company; and the precise manner in which he plans to ensure quality control and protection for the public funds. [47429/18]
View answerThe company referred to by the Deputy is currently engaged on two school building projects which are Greystones Community National School, under a Design and Build Contract, and temporary accommodation at Sandymount Park Educate Together Secondary School under the Public Works Contract for Works Designed by the Employer. The project at Greystones is currently under construction, while the temporary accommodation project is currently at off-site construction stage.
Both the Department and the company in question are contractually committed in relation to both of these projects.
In both cases, the Department's (Employer's) Technical Advisers (Architects, Fire Consultants and Engineers) will carry out periodic site inspections.
Under the Public Works Contract for Works Designed by the Employer, quality assurance and inspections are carried out at least weekly, and as required by the Employer's Architects and Engineers. All quality issues identified are recorded, followed up with Contractor, amended and signed off by the respective designer when remedied. There are areas of specialist design where the Contractor's engineers provide inspections and sign-off under BC(A)R 2014. The Employer’s Engineers provide the necessary oversight in regard to areas of specialist design.
The following appointments are now standard practice across all Design & Build projects:
- Appointment of an independent Assigned Certifier, who oversees implementation of an inspection plan, and, together with the contractor, signs the Certificate of Compliance on Completion (required for all projects post-BC(A)R) 2014)
- Appointment of a Clerk of Works, who is on site every day, and who seeks to ensure that the work is being carried out in accordance with the drawings, specifications and instructions, and to the highest standards of workmanship.
- Appointment of an independent Fire Consultant, who aids the Assigned Certifier and the Employer’s Representative in inspections on all matters pertaining to fire safety issues
The Assigned Certifier should: -
(a) provide and sign the relevant statutory certificates - the form of undertaking at commencement and the Certificate of Compliance on Completion;
(b) co-ordinate the ancillary certification by members of the design team and other relevant bodies for the Certificate of Compliance on Completion;
(c) identify all design professionals and specialists, in conjunction with the Builder, from whom certificates are required;
(d) identify all certificates required and obtain them;
(e) co-ordinate and collate all certification of compliance for completion in conjunction with the Builder;
(f) in consultation with the members of the design team, plan and oversee the implementation of the Inspection Plan during Construction;
(g) prepare the Preliminary Inspection Plan and oversee adherence to this plan, and on completion provide the Inspection Plan as implemented;
(h) on termination or relinquishment of their appointment make available to the Building Owner all certification prepared and inspection reports carried out; (i) act as the single point of contact with the Building Control Authority during construction;
(j) seek advice from the Building Control Authority, in respect of compliance matters relating to the building or works where disputes or differences of opinion arise between the parties to the project; and (k) maintain records of inspection.
161. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [47228/18]
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. As Minister, I have no direct role in these matters.
I am informed by the Garda authorities that 139 Garda stations were closed under the Garda Station Rationalisation Programme of 2012 and 2013, including Moyvane Garda Station. Upon closure, these properties were handed back to the Office of Public Works.
I am informed by the Garda authorities that the Station Rationalisation Programme allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to various targeted police operations.
More generally, the Deputy may wish to be aware that the Policing Authority, having regard to a commitment in the Programme for Government, requested the Garda Síochána Inspectorate to carry out a review of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities. It is expected the review will be submitted to the Policing Authority by the Inspectorate by the end of this year.
162. Deputy Róisín Shortall asked the Minister for Justice and Equality the steps he is taking to address the problem and threat to public safety as a result of the widespread misuse of quad bikes and scramblers; and if he will make a statement on the matter. [47434/18]
View answer167. Deputy Róisín Shortall asked the Minister for Justice and Equality the reason the interdepartmental group in respect of the widespread and growing problem of the misuse of quad bikes and scramblers and the safety threat that this poses to the public that he has established has only met on two occasions in 2018 as of 9 November 2018; if he will address this issue of public safety as a matter of urgency; and if he will make a statement on the matter. [47432/18]
View answer168. Deputy Róisín Shortall asked the Minister for Justice and Equality the advice that the interdepartmental group in respect of the widespread and growing problem of the misuse of quad bikes and scramblers that he has established to examine the issue has received from the Attorney General; and if he will introduce the recommended measures in order to address this issue as a matter of urgency. [47433/18]
View answerI propose to take Questions Nos. 162, 167 and 168 together.
I would like to acknowledge the Deputy's continued interest in relation to the misuse of scramblers and quad bikes in local communities and the Deputy will be aware that I share her concern regarding this serious public safety issue.
I asked my officials to convene cross-agency consultations to ascertain whether there are additional legislative or other solutions, which can assist in dealing with the misuse of these vehicles comprehensively, with a view to determining responsibility and timeframes for implementation of solutions identified. This process began on 25 April 2018 and involved a number of Government Departments and public bodies, including the Departments of Transport, Tourism and Sport, An Garda Síochána and local authority representatives. The misuse of scramblers in public parks was a particular point of focus.
Following these consultations, a number of relevant pieces of legislation were brought to the attention of the Office of the Attorney General by my Department, to determine whether any legislative amendments were necessary to assist in curbing activity insofar as scramblers and quad bikes are concerned, without giving rise to any unintended negative legislative consequences.
My Department received formal legal advice from the Office of the Attorney General last week. The advice is comprehensive in nature and is now being carefully considered by my officials, together with the Department of Transport, Tourism and Sport in the context of road traffic legislation. It will also be necessary to consult again with other relevant Government Departments and public bodies via the cross-agency forum established by my Department. The Deputy will appreciate that I am not in a position to provide any further details in relation to the legal advice until such time as these consultations are concluded.
My officials participate in a Taskforce established by South Dublin County Council to consider the public order implications of the misuse of these off-road vehicles at a community level. The Taskforce has met on two occasions to date and is scheduled to meet again this afternoon. The Taskforce is a useful and important forum and, indeed, Taskforce discussions informed the Department’s correspondence with the Office of the Attorney General.
Arising from the Taskforce meetings, the road safety officers from each of the Dublin-based local authorities have agreed to organise a public awareness campaign, urging parents not to purchase scramblers and quad bikes as Christmas presents for minors. In addition, the Road Safety Authority has agreed to bring forward a similar safety campaign.
I will continue to closely monitor the consultations that are taking place concerning the misuse of scramblers and quad bikes and will update the Deputy in due course in this regard.
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an appeal for a long-stay visa in the case of a person (details supplied); when the appeal will be concluded; and if he will make a statement on the matter. [47308/18]
View answerThe Deputy will be aware from my response to previous Parliamentary Questions in the matter that it is not possible to give a definitive date as to when this particular appeal will be finalised. I have been assured however by the Irish Naturalisation & Immigration Service of my Department that the applicant will be advised of the outcome when the decision is made.
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.
164. Deputy Jack Chambers asked the Minister for Justice and Equality the number of applications for citizenship being processed; the number of active applications being processed for more than one, two, three and five years, respectively; the average waiting time per application; and if he will make a statement on the matter. [47312/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of applications for naturalisation currently on hand, by year of application for each of the years 2015 - 2018 inclusive and 2014 and earlier is as follows:
Applications
|
Year of Application |
2014 and earlier |
2015 |
2016 |
2017 |
2018 to date |
Total |
|
Applications currently on hand |
368 |
213 |
768 |
2,787 |
7,608 |
11,744 |
It should be noted that over 88% of the applications were made this year and last. The numbers of the cases on hands will always include a cohort of cases where a decision has been made and the applicant has been notified of same, but where the applicant has yet to swear their oath of fidelity to the nation and loyalty to the State and be granted their certificate of naturalisation at a citizenship ceremony arranged for the purpose. In this context in excess of 3,000 of the cases on hand have already received their decision and my Department is currently issuing invitations to these individuals to attend a citizenship ceremony on 26 November next to make their declaration before a judge and to be granted their certificate of naturalisation.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While INIS endeavours that most straightforward cases are processed to a decision within six months, this target has to be seen in the context of the work involved in dealing with volumes of applications, some of which can be very complex in nature, and the need to ensure that each applicant fulfils the statutory conditions for naturalisation. The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process. In some instances, completing the necessary checks may take a considerable period of time. As outlined, even where a decision may be made, the certificate cannot be issued until the applicant attends a citizenship ceremony arranged for the purpose of swearing the oath of allegiance before a judge. In the circumstances it is not possible to give any meaningful average processing time per application.
Processing timescales can often be impacted due to further documentation being required from the applicant, or payment of the required certificate fee being awaited, or the applicant not engaging with the office. In some instances the applicant themselves may request that a hold be put on their application, for example, where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality. In other instances issues can arise at the final stage of the naturalisation process, for example, where additional information comes to light which requires to be considered before a final decision is taken.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union as well as international level. It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally.
INIS devotes a considerable amount of its overall resources to the processing of these cases. It also operates a dedicated phone helpline and email helpdesk available for all applicants to enable queries to be dealt with, including the progress of their application. Details are available on the INIS website at www.inis.gov.ie
165. Deputy Jack Chambers asked the Minister for Justice and Equality the status of a case (details supplied); and if he will make a statement on the matter. [47350/18]
View answerAs the Deputy will be aware the Criminal Injuries Compensation Tribunal, which has responsibility for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted, is independent of my Department in the processing of individual applications under the Scheme.
I can inform the Deputy that applications in the first instance are decided on a file of papers submitted to a single Tribunal Member for consideration as to whether payment of compensation is appropriate. Each case is addressed on the basis of its individual circumstances. While applications are processed with the minimum of formality compared to court proceedings, in making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order e.g. Garda reports arising from the related criminal investigation, vouched receipts for expenses, medical reports. Accordingly, the processing time for each case can vary considerably.
I understand that the Tribunal will shortly be writing to the applicant with an update on their application.
166. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the steps that have been taken to conduct research into the implications of the Equality (Miscellaneous Provisions) Bill 2017; and if he will make a statement on the matter. [47374/18]
View answerAs you know Deputy, the Equality (Miscellaneous Provisions) Bill 2017 was introduced by both you and your colleague Deputy Fiona O’Loughlin on 27 June 2017. The Bill completed Second Stage and was referred to the Select Committee on Justice and Equality on 9 November 2017.
I indicated during the Second Stage debate that research was needed to develop our understanding of discrimination where it takes place on a socio-economic basis and to inform how a provision should be framed if it proves necessary to amend the equality legislation accordingly.
In June 2018, a Request For Tender (RFT) for research on adding socio-economic status as an additional ground in the equality legislation was issued. Unfortunately, no tenders were received at that time.
The Department of Justice and Equality has again issued the request for tender on 6 November inviting tenders from researchers to carry out this research. A deadline has been set for completion of the research by 7 January 2019 to enable the Government to have the research ready for consideration by the Oireachtas during its next session.
The research is intended to have the following objectives:
- To provide an evidence base to enable the Government to determine whether or not the inclusion of an additional discriminatory ground into the equality legislation would be an effective and proportionate remedy to issues potentially arising in relation to discrimination against those experiencing socio-economic disadvantage.
- To inform the Government of expert advice on the legal implications of adding such an additional discriminatory ground into the equality legislation, on how it might be defined and on the steps that might be taken to ensure its workability, having regard to the fields to which equality legislation currently applies and the exemptions contained therein.
- To advise the Government from a legal perspective as to the preferred formulation of an additional discriminatory ground if the Government were to determine that such needed to be added to the equality legislation.
