Written Answers Nos. 282-299
282. Deputy Pat The Cope Gallagher asked the Minister for Education and Skills the progress made to date on the major capital works application by a school (details supplied); the timeline for the delivery of this extension to the school; if the 2019 Department capital budget is in a position to fund this high priority project; and if he will make a statement on the matter. [49513/18]
View answerAs the Deputy is aware, a major project, which includes the provision of an extension to replace temporary accommodation for the school to which he refers, is included in my Department’s 6 year Capital Programme.
The project, once complete, will provide for 900 pupils. The project brief is being finalised and my Department will be in further contact with the school in relation to the next steps at the earliest opportunity.
283. Deputy Robert Troy asked the Minister for Education and Skills his views on the length of time it is taking the Teaching Council to process applications; and if there is a delay. [49525/18]
View answerUnder the Teaching Council Acts 2001-2015 the Teaching Council is the body with statutory authority and responsibility for the regulation of the teaching profession in Ireland including the registration of teachers in the State.
It is a function of the Council under the Teaching Council Acts (s7(2)) to act as the competent authority for the recognition of qualifications obtained by a person who has applied under this Act for registration as a teacher.
The Department understands that the Teaching Council advice is that for teachers qualified in Ireland the registration process may take up to 6-8 weeks from receipt of all application documentation and depending on the time of year. For teachers qualified outside of Ireland, the assessment and registration process may typically take up to 12 weeks from receipt of all application documentation and depending on the time of year. In both cases the Council recommends that applicants apply in advance of their planned return to or commencement of teaching in Ireland.
Arising from the work of my Department's Steering Group on Teacher Supply, an Action Plan for Teacher Supply was published on 8th November 2018 with actions identified under four policy headings: Data/Research; Higher Education; Promotion of the teaching profession; Policies and arrangements impacting on teacher supply. Included under Policies and Arrangements is an action to develop a more streamlined process for the registration of teachers qualified in jurisdictions outside the State. This will be progressed through the implementation of the Action Plan for Teacher Supply, overseen by the Steering Group.
284. Deputy Peter Burke asked the Minister for Education and Skills the position regarding a matter which has been subject to long-term delays and is critically necessary to be reached in order for a school (details supplied) to operate; and if he will make a statement on the matter. [49528/18]
View answerI wish to clarify for the Deputy that Longford Westmeath Education and Training Board has applied to my Department for funding to purchase land adjacent to the school in question.
I also note that an application for additional schools accommodation has been submitted for this school recently. My Department will consider both requests collectively and a decision will be conveyed to the Education Training Board subsequently.
285. Deputy Thomas Byrne asked the Minister for Education and Skills the number of schools in which a reduced timetable for certain students has been put in place by county; the number of students affected in each of the years 2016, 2017 and to date in 2018, by county. [49545/18]
View answer286. Deputy Thomas Byrne asked the Minister for Education and Skills the guidelines and-or procedures in place to ensure that this facility is not used as a behaviour management tool with regard to reduced timetables; and if he will make a statement on the matter. [49546/18]
View answer287. Deputy Thomas Byrne asked the Minister for Education and Skills if he has conducted an analysis of the pupils which have been given a reduced timetable in recent years; the nature of this cohort of students; the findings of this analysis; if it has taken place; and if he will make a statement on the matter. [49547/18]
View answer288. Deputy Thomas Byrne asked the Minister for Education and Skills the circumstances under which a reduced timetable can be imposed on a student; and if he will make a statement on the matter. [49548/18]
View answer289. Deputy Thomas Byrne asked the Minister for Education and Skills the actions taken to ensure that reduced timetables are recorded; and if he will make a statement on the matter. [49549/18]
View answerI propose to take Questions Nos. 285 to 289, inclusive, together.
The position of my Department is that all pupils who are enrolled in a school should attend school for the full day, unless exempted from doing so for exceptional circumstances, such as medical reasons.
Reduced timetables should not be used as a behavioural management technique, or as a de facto suspension or expulsion.
Where schools apply a shorter school day in relation to a child, such arrangements should only be put in place in exceptional circumstances in order to assist a pupil to return to a school, where a pupil has been experiencing an absence due to a medical or behavioural related condition.
Any such arrangement should be a transitionary arrangement, which is designed to assist the reintegration of a pupil to a school environment.
In making any such arrangements, school authorities should be mindful of the best interests of the child and of the child's right to a full day in school. Schools should seek the advice of the National Educational Psychology Service before implementing such arrangements.
My Department does not hold the data requested by the Deputy.
The Education (Welfare) Act 2000 requires a school principal to inform an educational welfare officer in writing where a student is suspended from a recognised school for a period of not less than 6 days. The school is also obliged to record and maintain attendance records and to report to Tusla, unauthorised non-attendance above the threshold of 20 days, or where the school principal is of the opinion that a student is not attending school regularly. This is done currently through the School Returns mechanism to TUSLA Educational Welfare Services.
Developing a Code of Behaviour: Guidelines for Schools (NEWB, 2008) states that “Exclusion of a student for part of the school day, as a sanction, or asking parents to keep a child from school, as a sanction, is a suspension. Any exclusion imposed by a school is a suspension, and should follow the guidelines relating to a suspension”.
Section 29 of the Education Act 1998 makes provision for a parent to take an appeal against a school in relation to suspension of a student. In certain circumstances reduced timetables could be appealed by a parent under this provision.
I wish to advise the Deputy that my Department is engaging with the Department of Children and Youth Affairs and TUSLA Educational Welfare Service on the matter of reduced timetables, with a view to examining options which can be taken to address the issues raised.
290. Deputy Timmy Dooley asked the Minister for Education and Skills if he will provide a timeline for the development of his Department's specific climate change targets; and if he will make a statement on the matter. [49566/18]
View answerMy Department is at the forefront of design with respect to sustainable energy in school buildings and this performance has been recognised at both National and International level with sustainable energy awards for excellence in Design and Specification.
My Department’s Technical Guidance Documents set the benchmark for sustainable design in school buildings with a clear focus on energy efficiency. The Department’s policy is supported by a strong research programme with forty eight research projects at various stages.
Schools that are designed and built in accordance with the Department’s Schools technical guidance documents must achieve as a minimum an A3 Building Energy Rating.
All new technologies and approaches are tested to ensure compatibility with school design and operational requirements. Successful and repeatable results are then incorporated into all new school designs and refurbishments.
In relation to existing schools buildings, my Department provided 100% funding for cavity wall and attic insulation and water conservation in 2009/2010 and energy upgrade works are often an integrated feature in summer works projects. Going forward a deeper upgrade of the energy efficiency of existing schools will be required to meet the requirements of Government and EU energy efficiency and climate change legislation. In this regard, a pilot programme on deep energy retrofits is currently being undertaken by my Department in partnership with the SEAI. This is being carried out with a view to developing a scalable model of energy efficiency retrofits in the school sector into the future, the funding for which will be made available over the lifetime of the National Development Plan.
291. Deputy Anne Rabbitte asked the Minister for Justice and Equality if, further to his press release issued on 19 November 2018, it is his plan to increase both parents' parental benefit entitlement to seven weeks; and if he plans to provide seven weeks for parents to share. [48946/18]
View answerAs the Deputy will be aware, as part of Budget 2019, the Government announced the introduction of a new paid parental leave scheme which will commence in late 2019. This new scheme will initially provide for two weeks of paid, non-transferable leave per parent, with a view to expanding the scheme and increasing the number of weeks of paid leave for both parents in future years.
This new scheme delivers on the commitment in the Programme for Partnership Government to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance and benefit in the first twelve months.
The new scheme is the key recommendation of the report of an interdepartmental committee which was established to develop recommendations as to how the relevant Programme for Partnership Government commitments could be best implemented.
292. Deputy James Browne asked the Minister for Justice and Equality his plans to bring forward legislation regarding the repatriation of prisoners from the UK to here; and if he will make a statement on the matter. [48842/18]
View answerAs the Deputy will be aware, the Transfer of Sentenced Persons Acts 1995 to 1997 give effect to the Convention on the Transfer of Sentenced Persons 1983. The Deputy will also be aware that there have been a number of recent Court judgements which have implications for transferring prisoners from other States to Ireland. These judgements raised a number of complex issues about the legislation and its administration, indicating that legislative change is required.
My Department is at present finalising a draft scheme of a Bill to bring forward such changes. This draft scheme will be brought to Government as soon as possible.
293. Deputy Thomas Byrne asked the Minister for Justice and Equality his plans to amend legislation to facilitate community groups wishing to set up a community-led CCTV scheme in cases in which the local authority does not consent to being the data controller. [48854/18]
View answerThe Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of CCTV system may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.
Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). Under the 2005 Act as amended, the power to establish the criteria for community CCTV schemes is a matter for the Policing Authority, by order made with the approval of the Government.
This legal framework requires that any proposed community CCTV scheme must-
- be approved by the local Joint Policing Committee,
- have the authorisation of the Garda Commissioner, and
- have the prior support of the relevant local authority, which must also act as data controller.
This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.
In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.
Nonetheless, my Department is engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.
The Deputy may also wish to be aware that the Data Protection Commissioner’s Office has confirmed as recently as May of this year that it does not have any concerns in relation to the legislative basis for CCTV. However it is currently conducting an audit of the practice, operation and governance of CCTV. We expect findings from this process to be of assistance to all concerned and in particular to local authorities.
Finally, I would recall that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Community groups and local authorities can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.
There have to date been 27 applications to the scheme. 20 applications have been approved, with grant aid totalling more than €500,000 approved from the total €1 million available for 2018. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
I am keen to ensure that all interested groups, in both rural and urban areas, take advantage of the availability of this grant aid scheme. If the Deputy is aware of community groups wishing to avail of the scheme, full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups through a dedicated email address communitycctv@justice.ie.
294. Deputy Brendan Ryan asked the Minister for Justice and Equality if a Garda National Immigration Bureau, GNIB, renewal will be processed for a person (details supplied); and if he will make a statement on the matter. [48933/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for the renewal of their permission to remain which expired on 9 February 2018. I am also advised that the process of having this application completed has been complicated, and delayed, by the continuing failure of the person concerned to provide definitive, reliable, documentary evidence to attest to their identity and nationality.
I am further advised that once the relevant personnel in the INIS have satisfied themselves as to the identity and nationality of the person concerned, detailed consideration can be given to their application for renewal of permission to remain.
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.
295. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of households of one, two, three, four and five or more persons living in direct provision centres at the end of 2017, respectively, in tabular form. [48938/18]
View answerThe information requested by the Deputy is compiled on an annual basis and is broken down between families headed by one person and families headed by two persons.
The information for end December 2017 is set out below in the manner requested:
|
Family Type |
Lone Parent Families |
||||
|
Family size |
LP+1 |
LP+2 |
LP+3 |
LP+4 |
LP+5+ |
|
Number of units |
222 |
108 |
53 |
18 |
6 |
|
Family Type |
Married/Partner Families |
|||||
|
Family Size |
M/P+0 |
M/P+1 |
M/P+2 |
M/P+3 |
M/P+4 |
M/P+5+ |
|
Number of units |
94 |
111 |
93 |
68 |
22 |
6 |
296. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 280 of 13 November 2018, if an appointment in early date can be made in the case of persons (details supplied); if contact will be made with the persons to facilitate an appointment; and if he will make a statement on the matter. [48958/18]
View answer
297. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of gardaí by rank attached to the Galway (Mill Street) and Salthill Garda stations in each of the years year 2010 to 2017 and to date in 2018; the number of community gardaí for each year during this period; and if he will make a statement on the matter. [48970/18]
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 and Rank for the Galway-Mill Street, (Gaillimh on the list) and Salthill Garda stations in each of the years from 2010 to 31 October 2018 is available on my Department’s website through the link below
Garda Numbers by Division District and Station
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. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs
The information requested by the Deputy in relation to the Community Garda Strength in Galway (Mill Street) and Salthill Garda stations in each of the years from 2010 to 31 October 2018, the latest date for which figures are currently available, as supplied by the Garda Commissioner are as set out in the attached table.
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.
Garda Strength presented - Community Gardaí | Total
|
Galway (Mill Street) |
Salthill |
|||
|
Year |
Community Gardaí |
Total |
Community Gardaí |
Total |
|
2010 |
13 |
214 |
3 |
57 |
|
2011 |
12 |
210 |
2 |
55 |
|
2012 |
11 |
212 |
2 |
54 |
|
2013 |
10 |
213 |
2 |
52 |
|
2014 |
9 |
204 |
2 |
54 |
|
2015 |
11 |
212 |
2 |
51 |
|
2016 |
12 |
218 |
1 |
53 |
|
2017 |
12 |
215 |
1 |
61 |
|
2018* |
13 |
202 |
1 |
49 |
*As of 31 October 2018
Total: means all those Gardaí at a station all of whom have community policing as an inherent part of their role
Community Gardaí: are those with the official categorisation and are exclusively assigned to building relationships with local communities including giving talks to schools, community groups and others.
298. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if section 19A regarding the disclosure of third party records in certain trials also applies to child victims under the Criminal Law (Sexual Offences) Act 2017. [49008/18]
View answerAs the Deputy will be aware, the Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February 2017. The Act enhances and updates laws to combat the sexual exploitation and sexual abuse of children, including new offences relating to child sexual grooming and new and strengthened offences to tackle child pornography. The Act also criminalises the purchase of sexual services, introduces new provisions regarding the giving of evidence by victims in sexual offence trials and introduces a new offence addressing public indecency. Other provisions include maintaining the age of consent to sexual activity at 17 years of age and for a new “proximity of age” defence as well as a statutory statement of the law as regards consent to sexual acts.
Part 6 of the Act amends the Criminal Evidence Act 1992, including new provisions around the disclosure of third party counselling notes and other amendments related to the cross-examination of witnesses. These provisions were commenced in May 2018.
Section 39 of the 2017 Act inserts a new section 19A into the Criminal Evidence Act 1992. The new section 19A requires an application to be made to the court prior to the disclosure of third-party counselling records in sexual offence proceedings. In considering whether to release any records, the court must consider the interests of justice alongside the privacy of the complainant and the likelihood of harm in releasing the record. The court must also have regard to the public interest in encouraging the reporting of sexual offences and the public interest in encouraging complainants of sexual offences to seek counselling. The section does not apply where a complainant or witness has expressly waived his or her right to non-disclosure of a counselling record without leave of the court.
Section 19A does not distinguish adult from child complainants.
The Government is acutely aware that complainants in sexual violence cases should be treated sensitively in criminal proceedings, most especially when they are children. The legislative provisions in place are designed to ensure that complainants are supported and facilitated in a way that protects them from any additional harm.
299. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if women eligible to apply to the Magdalen redress scheme (details supplied) are not required to provide proof or evidence of the hours they worked in cases in which this information is provided to the best of their ability. [49011/18]
View answer305. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the reason the recently published addendum to the terms of the Magdalen restorative justice ex gratia scheme includes a provision that the calculation of the lump sum redress payment will be made on the basis that no child under 12 years of age worked in a Magdalen laundry, unless an applicant provides evidence of such work before they reached the age of 12 in view of documentation that children under the age of 12 did work in the laundries. [49278/18]
View answerI propose to take Questions Nos. 299 and 305 together.
The Government is committed to complying with all of the recommendations of the Ombudsman in relation to the operation of Magdalen Restorative Justice Ex Gratia Scheme. In relation to the Ombudsman's principal recommendation that the Scheme should be applied to women who worked in the laundry of one of the 12 'Magdalen' Institutions and who were resident in one of 14 adjoining institutions, the Addendum to the terms of the scheme giving effect to this recommendation has been finalised and published on the Department's website - www.justice.ie.
The Addendum provides that the first phase of processing a completed application is the making of a provisional assessment as to whether the applicant comes within the scope of the scheme. This assessment will be made based on the records of the institutions concerned (where available) and any other relevant records or statements, which may include the applicant's testimony and in some cases testimony from other persons. If an applicant has any difficulty obtaining their records from a religious institution or if assistance is requested, the Department will provide it.
Each application will be assessed individually on its merits. Decisions will be made on the balance of probabilities. In addition, for those cases where there is insufficient documentary evidence available to make an assessment on their case, an interview process is in place so as to facilitate a fairer assessment of a woman's application.
In relation to the age at which a girl started work in a Magdalen laundry, the information contained in the McAleese Report relates only to girls and women admitted to the Magdalen Institutions. The McAleese Committee did not conduct any research into the adjoining institutions which are now covered by the Addendum. The statistical analysis carried out by the Committee indicated that the average age on entry into the Magdalen Institutions was 23.8 years of age and the median age was 20 years of age. While the youngest entrant was identified as 9 years of age, this had occurred in the 1930s. The McAleese Committee's analysis also shows that only 4.1% were under 14 years of age at the time of entry. As stated in the Addendum, it is open to an applicant to show that she worked in a Magdalen Laundry before she reached 12 years of age and, where shown, such work would be included in the calculation of the 'work' element of the lump sum.
