Written Answers Nos. 206-227
206. Deputy Catherine Murphy asked the Minister for Education and Skills the changes that have occurred with respect to the delivery of individual education plans at second level since the Croke Park agreement; if schools are permitted to opt out of delivering on such plans; and if he will make a statement on the matter. [50414/18]
View answerI wish to advise the Deputy that there is currently not a statutory requirement for schools to provide a mandatory Individual Education Plan for children with special needs. This position has not changed as a result of the Croke Park Agreement.
However, all schools are encouraged to use some form of educational planning for the delivery of additional teaching, or care supports, for children with special educational needs, in order to ensure that the resources are being targeted and utilised efficiently and that they are having the desired outcomes.
My Department's Inspectorate's advice is that the majority of schools are now using some form of education planning for children with special educational needs. In line with Circular 30/2014, schools are also required to put in place Personal Pupil Plan including a care plan for all pupils availing of SNA support.
Circulars 0013 and 0014 2017, which introduced a new model for allocation special education teachers to schools, noted the importance of educational planning.
The Circulars note that educational planning is an essential element of a whole-school approach to meeting pupils’ needs. Educational plans should be differentiated in line with a pupils’ needs.
A pupil's support plan should include clear, measurable learning targets, and specify the resources and interventions that will be used to address student needs in line with the Continuum of Support process. Individualised support plans for pupils should be developed through a collaborative process involving relevant teachers, parents/guardians, the pupils themselves and outside professionals, as necessary. The individualised planning process should include regular reviews of learning targets as part of an ongoing cycle of assessment, target setting, intervention and review.
Guidelines for schools on educational planning and monitoring of outcomes and the manner in which they should conduct educational planning, through the Student Support File, are contained in the Guidelines for Schools: Supporting Children and Young People with Special Educational Needs in Mainstream Schools, available at http://www.education.ie/en/The-Education-System/Special-Education/Guidelines-for-Primary-Schools-Supporting-Pupils-with-Special-Educational-Needs-in-Mainstream-Schools.pdf.
The NCSE is also available to provide support and training around education planning for pupils with special educational needs. Further information is available from the NCSE www.ncse.ie.
207. Deputy Seán Haughey asked the Minister for Education and Skills further to Parliamentary Question No. 144 of 3 October 2018, when a reply will issue; and if he will make a statement on the matter. [50436/18]
View answerThe State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.
Officials in my department have forwarded your query to the State Examinations Commission for direct reply to you.
208. Deputy Eoin Ó Broin asked the Minister for Education and Skills if his attention has been drawn to cuts to the number of special needs assistant, SNA, positions at a school (details supplied); and his plans to reinstate the positions in view of the level of support required for children attending the school. [50490/18]
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.
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.
209. Deputy Thomas Byrne asked the Minister for Education and Skills the extent of the review of DEIS under way as mentioned by him in Dáil Éireann on 28 November 2018. [50491/18]
View answerDEIS is the main policy initiative of my Department to tackle educational disadvantage. DEIS provides additional supports, through the DEIS School Support Programme, to schools identified as having the highest concentrations of pupils from disadvantaged communities. Schools can use these additional resources to meet the identified needs of their pupil cohort.
As the Deputy will be aware DEIS Plan 2017 was the culmination of more than 18 months of consultation and discourse with education partners and other stakeholders to ensure that identification of schools and future delivery of interventions is fully informed by the practical experience of teachers, parents, students and non-governmental organisations working on behalf of children at risk of educational disadvantage and their families
My Department has introduced an objective, statistics based model for assessing which schools merit inclusion in the DEIS Programme, so that all stakeholders can have confidence that we are targeting extra resources at those schools with the highest levels of concentrated disadvantage.
The key data sources used in the DEIS identification process are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Pobal HP Index for Small Areas which is a method of measuring the relative affluence or disadvantage of a particular geographical area. Variables used in the compilation of the HP Index include not only single parent rate, but those related to demographic growth, dependency ratios, education levels, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the relative level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly to all schools in the country in a fair and objective way, to identify the relative level of concentrated disadvantage present in each school.
The calculation of the level of disadvantage in each school is based on the socio-economic background of their pupil cohort using centrally held data as previously outlined. It is not based on the location of the school but on the geographical CSO Small Areas where the pupil cohort resides.
A detailed document explaining the methodology used in the Identification process is available on the Department’s website at https://www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/DEIS-Identification-Process.pdf
DEIS Plan 2017 states that the improved data on the socio-demographic of schools resulting from the new identification model will have an impact not only on the assessment of schools for inclusion in the programme but also on the scaling of resources to allow for more graduated levels of support. This in turn allows for the ultimate objective of allocating resources to best meet the identified need of individual schools.
In order to achieve this, the current identification model needs to be as accurate as possible and this will be facilitated by the use of Eircode to ensure correct inputting of addresses. Further analysis is also required to examine other variables known to be strong predictors of educational disadvantage in the context of resource allocation. This work is underway at present.
210. Deputy Kathleen Funchion asked the Minister for Education and Skills the criteria for over age exemption for the early childhood care and education, ECCE, scheme; and the reason a child with an autism diagnosis who cannot start school until 2019 due to a lack of suitable school places would not qualify for the exemption. [50541/18]
View answerMy Department does not provide funding to pre-school services other than to early intervention classes in recognised primary schools or special schools. Supports for childcare, including pre-school education, are provided by the Department of Children and Youth Affairs (DCYA).
The principal vehicle for the delivery of pre-school education is the Early Childhood Care and Education (ECCE) Scheme which provides early childhood care and education for children of pre-school age.
The upper age limit of 5 years and 6 months for completing the ECCE programme was set in consultation with the Early Years Education Policy Unit in DCYA and is consistent with the policy of my Department.
Current DCYA policy requires that any request for an overage exemption from ECCE eligibility criteria must be supported by a letter from a HSE/Medical Specialist (not a GP/Public Health Nurse) specifically recommending an extra year of pre-school for the child. This requirement relates to a need to maintain a clear and standard basis for applying for exemptions.
Overage exemption applications are also considered with regard to the original purpose of ECCE which is to provide a pre-school programme in the two years before a child starts school.
A part of the criteria for assessing any application for an exemption to the upper age limit is whether a child has already availed of the full ECCE provision. The current entitlement is to a maximum of two years of ECCE. Every application is considered on its own merits having regard to the individual circumstances pertaining and the legislative requirements around school starting age.
My Department's policy is that all children must be enrolled in the primary school system, whether through placement in mainstream classes, in special classes or in special schools in the September prior to their sixth birthday. If children are not in school by six years of age, under the Education Welfare Act 2000, the Educational Welfare service must be satisfied that the child is receiving a minimum standard of education in a place other than a recognised school.
Where parents need advice or are experiencing difficulties in locating a school placement, including a special class placement, they should contact their local Special Educational Needs Organiser (SENO) who can assist in identifying an appropriate educational placement for their child. Contact details are available at http://ncse.ie/seno-contact-list.
Where there is no placement available for a child with Special Educational Needs, my Department will consider applications under the Home Tuition Grant Scheme, where a student can receive up to 20 hours home tuition per week as an interim measure until a placement becomes available.
211. Deputy Pat Casey asked the Minister for Education and Skills his views on the perceived unsatisfactory pay and employment conditions of school secretaries in the context of a review of such conditions; if these employees will be given more secure and sustainable employment; and if he will make a statement on the matter. [50542/18]
View answerThough schemes were initiated in 1978 and 1979 for the employment of Clerical Officers and Caretakers in primary and secondary schools, where staff employed on these schemes are paid directly by the Department, these schemes have been largely phased out and have been superseded by the more extensive capitation grant schemes.
Under these schemes, the majority of primary and voluntary secondary schools in the Free Education Scheme now receive assistance to provide for secretarial, caretaking and cleaning services. Within the schemes, it is a matter for each individual school to decide how best to apply the grant funding to suit its particular needs. Where a school uses the capitation grant funding to employ a secretary or caretaker, such staff are employees of individual schools.
My Department has recently made significant efforts to improve the pay of School Secretaries and Caretakers who are employed using capitation grant assistance. In 2015 my Department engaged with the Unions representing school secretaries on negotiations and agreed to enter an independent arbitration process on the issue. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 for school secretaries and caretakers comprehended by the terms of the arbitration process and that a minimum hourly pay rate of €13 for such staff be phased in over the period 2016 to 2019. Following the arbitration process, grant funding used by schools to fund the salaries of ancillary staff is being improved on a phased basis between 2016 and 2019 in order to enable schools to implement the arbitration outcome.
I am personally very much aware of this as an issue and the important role that School Secretaries and Caretakers play in the running of schools.
212. Deputy Paul Kehoe asked the Minister for Education and Skills if a school (details supplied) can upgrade its DEIS status; and if he will make a statement on the matter. [50645/18]
View answerAs the Deputy will be aware DEIS Plan 2017 was the culmination of more than 18 months of consultation and discourse with education partners and other stakeholders to ensure that identification of schools and future delivery of interventions is fully informed by the practical experience of teachers, parents, students and non-governmental organisations working on behalf of children at risk of educational disadvantage and their families
My Department has introduced an objective, statistics based model for assessing which schools merit inclusion in the DEIS Programme, so that all stakeholders can have confidence that we are targeting extra resources at those schools with the highest levels of concentrated disadvantage.
The key data sources used in the DEIS identification process are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Pobal HP Index for Small Areas which is a method of measuring the relative affluence or disadvantage of a particular geographical area. Variables used in the compilation of the HP Index include not only single parent rate, but those related to demographic growth, dependency ratios, education levels, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the relative level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly to all schools in the country in a fair and objective way, to identify the relative level of concentrated disadvantage present in each school.
The calculation of the level of disadvantage in each school is based on the socio-economic background of their pupil cohort using centrally held data as previously outlined. It is not based on the location of the school but on the geographical CSO Small Areas where the pupil cohort resides.
A detailed document explaining the methodology used in the Identification process is available on the Department’s website at https://www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/DEIS-Identification-Process.pdf
DEIS Plan 2017 states that the improved data on the socio-demographic of schools resulting from the new identification model will have an impact not only on the assessment of schools for inclusion in the programme but also on the scaling of resources to allow for more graduated levels of support. This in turn allows for the ultimate objective of allocating resources to best meet the identified need of individual schools.
In order to achieve this, the current identification model needs to be as accurate as possible and this will be facilitated by the use of Eircode to ensure correct inputting of addresses. Further analysis is also required to examine other variables known to be strong predictors of educational disadvantage in the context of resource allocation.
Therefore, in order to ensure the quality of the address data and conduct further analysis, it is not the intention of my Department to extend the DEIS Programme to any further schools until this work is complete.
213. Deputy Thomas P. Broughan asked the Minister for Education and Skills if his attention has been drawn to the lack of suitable educational placements at primary level for children with special educational needs; his plans to rectify same; and if he will make a statement on the matter. [50671/18]
View answer214. Deputy Thomas P. Broughan asked the Minister for Education and Skills if his attention has been drawn to the lack of suitable educational placements at secondary level for children with special educational needs; his plans to rectify same; and if he will make a statement on the matter. [50672/18]
View answerI propose to take Questions Nos. 213 and 214 together.
Funding for special education provision in 2018 will amount to some €1.75 billion, up 43% since 2011 and equivalent to 18.7% of the gross overall current allocation for education and training.
My Department's policy is to provide for the inclusive education of children with special educational needs, including Autism (ASD), in mainstream school settings, unless such a placement would not be in the best interests of the child concerned, or the children with whom they will be educated.
The greater proportion of children with Autism attend mainstream classes, but some require the environment of a special class or special school. The placement decision is based on a recommendation contained within a professional assessment.
Special school placements are provided for other students with ASD and very complex special needs who wouldn’t manage in a mainstream school even for part of the week.
The NCSE is responsible, through its network of Special Needs Organisers (SENOs), for the development and delivery and co-ordination of education services to children with Special Educational Needs, including the establishment of special class and special school placements.
Since 2011, the NCSE has increased the number of special classes from 548 in 2011 to 1,459 across the country now, of which 1,196 are Autism Spectrum Disorder (ASD) special classes. Details of all special classes for children with special educational needs are available on www.ncse.ie.
The NCSE is aware of emerging need from year to year, and where special provision, including special class provision, is required, it is planned and established to meet that need. This process is ongoing.
While it is not always possible or practical that a special class placement would be available in a child’s local school, the NCSE has informed my Department that, in general, they are satisfied that there are sufficient ASD special class placements to meet existing demand nationally. From time to time, the Council identifies local areas where additional provision is required. In those circumstances, SENOs work with the schools and families concerned to resolve the issues involved.
My Department is aware that the establishment of special class provision in some schools and communities can be challenging.
The Education (Admission to Schools) Act 2018 when commenced will assist in addressing this issue in areas where the NCSE is of the opinion that there is insufficient education provision for children with special educational needs.
Section 8 of the Act, which commenced Monday 3rd December 2018, will provide the Minister with a power, after a process of consultation with the NCSE, the board of management and the patron of the school, to compel a school to make additional provision for the education of children with special educational needs.
215. Deputy Peter Burke asked the Minister for Education and Skills his plans to increase funding and capacity for apprenticeships in view of their importance in the workforce; the type of promotion his Department utilises to inform persons of apprenticeship opportunities; the way in which apprenticeships are marketed to students who do not view them as a viable alternative to third level education; and if he will make a statement on the matter. [50681/18]
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 and the expansion of the apprenticeship model into new sectors of the economy. The 2019 budget allocation for apprenticeship training is €142m which represents an increase of over 16% on the 2018 allocation of €122m.
Arising from two calls for apprenticeship proposals issued by the Apprenticeship Council in 2015 and 2017, 17 new apprenticeships have now been developed in a range of new occupations, including financial services, engineering, ICT, hospitality, logistics and accounting. Further new apprenticeships will get underway throughout 2019 in a variety of sectors including construction, engineering, horticulture and agriculture. These new programmes, once developed, will add to and complement the range of apprenticeships currently on offer in developing the skill needs of our economy.
This Government is also working to address the visibility of apprenticeship and has put significant additional resources into this area. A national promotional campaign, Generation Apprenticeship, has been underway since May 2017, led by the Apprenticeship Council and SOLAS. The campaign promotes apprenticeship on TV and radio along with social media platforms that include Twitter; LinkedIn; Facebook and Instagram. It has been designed to influence parents, teachers and potential apprentices on the career paths and further educational opportunities arising from apprenticeship programmes.
As set out in the Action Plan to Expand Apprenticeship and Traineeship in Ireland, SOLAS has completed a review on pathways to participation in apprenticeship. The purpose of the review is to ensure that our national apprenticeship system is more reflective of the range and diversity of our population, more inclusive of diverse backgrounds and abilities and that apprenticeship opportunities are more readily accessible to all. Work is already underway in many of the areas identified for action and SOLAS will lead implementation of the actions, working closely with apprenticeship partners and stakeholders, in particular employers, education and training providers and apprentices themselves. The review is available on SOLAS’s website www.solas.ie.
Work is also underway in SOLAS on a new employer portal initiative which will provide capability to approved employers to advertise apprenticeships, as well as other value-added services. The new portal is expected to be rolled out in 2019 on successful completion of a pilot phase.
In addition, an independent review of career guidance which is being carried out by Indecon International Consultants will examine the quality and range of information and resources available to students in schools and other settings. This will include an examination of how apprenticeship opportunities are presented to students in our schools.
216. Deputy Sean Fleming asked the Minister for Education and Skills when funding will be provided for a school (details supplied); and if he will make a statement on the matter. [50686/18]
View answerOn approval of a special class in a school, my Department provides a once-off lump sum grant (€6,500 per class) towards the purchase of educational aids and equipment for special needs pupils enrolled in that class. My Department also provides a once-off lump sum grant aid (€7,000 per school) towards the purchase of educational equipment for schools with approval for a multi-sensory room. Grant aid is also available towards loose furniture and ICT, if applicable, to schools who have been sanctioned a special class.
In respect of the school to which the Deputy refers, my Department has already sanctioned start-up grants, furniture and ICT grants totalling €27,500 to facilitate the establishment of the 2 ASD classes in question – one in 2009 and one in 2014.
Under the Additional Accommodation Scheme 2015, the Department approved an all-in-grant for the provision of a 2 classroom ASD Unit at the school in question. As the start-up grants paid previously are once-off payments, unfortunately these grants cannot be paid a second time.
217. Deputy Sean Fleming asked the Minister for Education and Skills if he has considered a report from a school (details supplied) in respect of the school building inspection report; and if he will make a statement on the matter. [50739/18]
View answerI can confirm to the Deputy that my Department has made contact with the school authority in question to advise that any immediate deficit in classroom accommodation may be addressed under my Department's Additional School Accommodation Scheme. The school was also advised that should there be issues that the school consider would qualify for consideration under my Department's Emergency Works Scheme, that it is open to the school to consider submitting an application. I understand that the school is considering these options.
I wish to advise the Deputy that my Department's current focus is to prioritise funding for essential classroom accommodation to meet demographic need. The Deputy will be aware that the National Development Plan (NDP) provides for an €8.4 billion investment in school buildings over the period 2018 to 2027 to deliver on NDP and National Planning Framework objectives through addressing the twin priorities of catering for demographics and ensuring a strengthened focus on refurbishment of existing school stock.
218. Deputy Catherine Martin asked the Minister for Education and Skills if he has made contact with a club (details supplied) in Dublin 15; if not, if the club has made contact with his Department with respect to providing sports facilities for a new school; if the availability of such facilities will be considered when deciding the location in which to permanently locate the school; and if he will make a statement on the matter. [50743/18]
View answerMy Department has not had engagement with the club to which the Deputy refers in relation to the provision of sports facilities for a new school. New school buildings are provided with a high standard of sports facilities on-site and, in general, any access by a school to off-site facilities is typically by local arrangement.
219. 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. [50752/18]
View answerThe public service agreements have allowed a programme of pay restoration for public servants to start. The starting salary for a new entrant teacher in 2011 was €27,814. As a result of the programme of pay restoration, the starting salary of a teacher is now €36,318 and from 1 October 2020 onwards will be €37,692.
Section 11 of the Public Service Pay and Pensions Act 2017 provides that “the Minister [for Public Expenditure and Reform] shall, within three months of the passing of this Act, prepare and lay before the Oireachtas a report on the cost of and a plan in dealing with pay equalisation for new entrants to the public service.”
The report laid before the Oireachtas on foot of this provision by the Minister for Public Expenditure and Reform assesses the cost of a further change which would provide a two scale point adjustment to new entrants recruited since 2011. The total cost of such an adjustment across the public sector is of the order of €200 million, of which Education accounts for €83 million. The report also acknowledges that, during the financial crisis, there were policy changes which affected remuneration in different occupations across the public sector (including education). Addressing any issues arising from changes which are not specifically detailed in the report would give rise to additional costs over and above the foregoing figures.
The matter of new entrant pay is a cross sectoral issue, not just an issue for the education sector alone. The Government supports the gradual, negotiated repeal of the FEMPI legislation, having due regard to the priority to improve public services and in recognition of the essential role played by public servants.
On Monday 24th September, the Government welcomed the outcome of discussions between public service employers and the public services committee of ICTU in respect of new entrant pay.
This agreement will benefit 16,000 teachers and nearly 5,000 SNAs within the education sector. The deal provides for a series of incremental jumps for new entrants at points 4 and 8 of their scale.
These restorations for new entrants have been achieved through continued engagement and collective bargaining between the Government and the public service unions and shows the benefits that such engagement can bring. The Public Service Stability Agreement provides a range of protections and benefits to public servants who are covered by the agreement. If a union opts to withdraw from the agreement, they are choosing to forego these protections and benefits.
In Budget 2019, school leadership is again supported with an additional release day for teaching principals in primary schools and a further four additional release days for teaching principals in schools with special classes. These additional release days - 18, 24, and 30 depending on the size of the school - will be effective from 1st September 2019.
This builds on measures in previous budgets, including €0.4 million made available in Budget 2018 to fund almost 4600 additional release days for teaching principals in primary schools. This funding provided an increase in the number of release days available to teaching principals in the 2018/19 school year to 17, 23 or 29 days depending on the size of the school.
The Department also introduced an extension to the arrangements for schools with teaching principals to cluster their release days into full-time posts, with one teacher covering the release days of all the schools in the cluster. Up to 50 principal release cluster posts will be put in place for the current school year. This measure will assist teaching principals to more effectively plan their release days for the benefit of the school.
On 26 November, 2018 the Minister for Education and Skills, Joe McHugh T.D., announced that the Minor Works Grant of €29m will be paid to all primary schools throughout the country over the next number of days. This follows a commitment under Project Ireland 2040 that the Minor Works Grant will be paid on an annual basis to all primary schools.
All primary schools receive a flat rate Minor Works Grant of €5,500 plus €18.50 per mainstream pupil and €74 per special needs pupil attending a special school or special class. The grant is worth €6,425 for a 50 pupil school and over €11,000 for a 300 pupil school.
While schools have discretion under the Minor Works Grant Scheme in relation to the nature of small scale works and improvements to be carried out to their school buildings, the Department advised all school authorities to use the grant in the first instance to prioritise fire safety prevention works.
While Budget 2012 increased the appointment and retention ratios for small schools (i.e., schools with up to four classroom teachers), the staffing ratios of these schools have been improved since 2015.
In September 2015, improved retention thresholds for the 2nd, 3rd and 4th classroom teacher were introduced, along with the improved appointment and retention thresholds for one-teacher schools situated 8km or more from the nearest school of the same type of patronage and/or language of instruction.
Budget 2016 announced a 1 point improvement to the primary staffing schedule with this improvement implemented in the 2016/17 school year.
Budget 2017 announced two adjustments in relation to one teacher schools. Where the school is the sole primary school on an island the school will be able to appoint a second teacher. In relation to single teacher schools generally with an enrolment of 15 or more pupils the school can apply to the staffing appeal board for a second post where the single teacher has children across 6 or more class groups.
Improvements to the staffing schedule announced in Budget 2018 brings the teacher allocation ratio in all primary schools to the most favourable level ever seen at primary level and these improvements were introduced in the current school year.
The staffing process includes an appeals mechanism for schools to submit a staffing appeal under certain criteria, including small schools that were affected by the Budget 2012 changes, to the Primary Staffing Appeals Board.
My Department is aware that some primary schools are experiencing difficulties in recruiting substitute teachers.
I recently published the teacher supply action plan, which contains actions under a number of headings: data collection and analysis; promotion of the teaching profession; initial teacher education policy, provision, funding and support; policies and arrangements for schools and teachers that impact on teacher supply. One of the actions is to review the potential for substitute teacher supply panels for primary schools and my Department has held initial discussions with the INTO on this matter.
220. Deputy Bernard J. Durkan asked the Minister for Education and Skills the status of an application by a school (details supplied) for grant aid for additional school accommodation; and if he will make a statement on the matter. [50839/18]
View answerI wish to confirm that an appliation from the school in question has been received within my Department.
The application is currently under consideration and once a decision has been reached, the school authorities will be notified of the outcome.
221. Deputy Willie Penrose asked the Minister for Education and Skills the timeframe for the completion of construction of a school (details supplied); when it will be ready for occupation in full; and if he will make a statement on the matter. [50878/18]
View answerI am aware of the school building project to which the Deputy refers.
The project had been scheduled for completion for September 2018. However, the contractor experienced a number of issues such as unforeseen ground conditions and the severe weather events which we will all remember from earlier this year. Consequently, the likely completion date for the project is now April 2019.
I know how disappointing this is for the school and I understand how difficult it is for it to manage out a growing enrolment until its new building is in place. It is, however, in the nature of any building project, whether it is a school, an office block or a house, that unforeseen issues can arise. The objective always is to deal with these as efficiently as possible to minimise delay.
The project is being delivered by the local County Council which is continuing to pursue the contractor for as speedy a delivery of the project as possible. The Council has the full support of my Department in its efforts to achieve this without compromising the integrity of the building being delivered.
To ensure that the school is kept fully up to date with progress on the project, the County Council has been updating the Board of Management on a monthly basis. This approach will provide accurate and precise information to help the school to plan and manage its needs until its permanent accommodation is available.
222. Deputy Michael Fitzmaurice asked the Minister for Education and Skills if the governance manual for primary schools 2015 to 2019 and the Education Act 1998 are the only measures in place governing the removal of persons by a patron from a primary school's board of management; and if he will make a statement on the matter. [50880/18]
View answerIn accordance with the provisions of the Education Act, 1998, the appointment of a Board of Management of a school is a matter for the relevant school patron.
The mechanisms under which a Board of Management member may be removed are as follows:
Section 16 of the Education Act provides that a patron may, with the consent of the Minister, for good and valid reasons stated in writing to a member of a board of management remove that member from that office, or if satisfied that the functions of a board are not being effectively discharged, dissolve that board.
Section 7 of the Governance Manual for Primary Schools 2015 - 2019 sets out the circumstances in which Board members may be removed or membership of a board of management shall cease.
223. Deputy Niall Collins asked the Minister for Education and Skills if he will address matters raised about a school (details supplied); and if he will make a statement on the matter. [50881/18]
View answerI can confirm that my Department received correspondence from the school referred to by the Deputy seeking a review of their application 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.
224. Deputy Seamus Healy asked the Minister for Justice and Equality the position regarding the difficulty in identifying an agency to monitor community CCTV systems; and if he will make a statement on the matter. [50256/18]
View answer225. Deputy Sean Fleming asked the Minister for Justice and Equality the amount of funding provided each year to each local authority to enable it to carry out its responsibilities as data controllers for community CCTV schemes; the expected amount of funding to be provided to local authorities to carry out this work in 2019; and if he will make a statement on the matter. [50683/18]
View answer256. Deputy Sean Fleming asked the Minister for Justice and Equality the situation regarding the person or body authorised to act as data controller for town and rural-based CCTV systems, respectively; the progress on having the relevant data controllers in place by county in respect of each of these schemes; and if he will make a statement on the matter. [50757/18]
View answerI propose to take Questions Nos. 224, 225 and 256 together.
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). 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 how they are funded.
Accordingly, the legal requirement for local authorities to act as data controller for the purpose of community CCTV schemes has been in place since 2006. The Deputy may further wish to be aware that under the 2005 Act, as amended, the relevant secondary legislation is not a matter for me as Minister for Justice and Equality. Rather, 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.
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.
The Deputy may also wish to be aware that on 29 November this year the Data Protection Commissioner’s Office issued a note (available on its website www.dataprotection.ie) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the Office in its note confirmed that: “Data protection legislation does not stand in the way of the roll-out of Community based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”
In relation to the question of monitoring, as raised by the Deputy, the Data Protection Commission has explicitly confirmed that local authorities are not required, as a result of their role as data controller, to monitor CCTV live feeds on a continuous basis.
The Data Protection Commission is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies forlaw enforcement purposes. We expect the findings from the CCTV module of this process to be of assistance to all concerned and in particular to local authorities.
My Department is also 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.
Finally, in relation to the question of funding: my Department does not provide funding to Local Authorities to undertake their legal responsibilities as data controllers. Local Authorities expenditure is funded from a variety of sources.
However the Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance 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. In total, funding of €1 million is available each year for three years. Eligible groups, including 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.
Funding provided by my Department under this grant aid scheme has been aimed at the capital cost of establishing community CCTV schemes which meet the statutory requirements. Local authorities are not prohibited from applying for these grants and indeed a number of local authorities have been approved for funding under the current scheme.
There have to date been 27 applications to the scheme. 20 applications have been approved for grants totalling more than €500,000. 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, have the opportunity to take advantage of the availability of this grant aid scheme. If the Deputy is aware of groups wishing to avail of the scheme, 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 to apply for this funding through a dedicated email address communitycctv@justice.ie
226. Deputy Michael Harty asked the Minister for Justice and Equality the steps that have been taken or are planned to improve gender equality in the workplace, in particular steps covering more than just pay inequality; and if he will make a statement on the matter. [50762/18]
View answerVarious commitments have been made in the Programme for a Partnership Government with a view to empowering women in the area of employment. These include reducing the gender pay gap, assisting the return of women to the labour market and promoting female entrepreneurship.
Many of these commitments are being progressed under the National Strategy for Women and Girls 2017-2020, which is being implemented under the guidance of a Strategy Committee chaired by me.
The Strategy provides the framework for action on women's equality, including in the workplace. It includes commitments to tackle particular challenges which remain for women in the workplace, among which are the continued under-representation of women in business leadership and senior decision-making, the gender gaps in labour market participation and in pay, and the underrepresentation of women in apprenticeships and in many occupations and sectors, particularly those requiring science, technology, engineering or mathematical skills.
The Government has reflected these challenges in the priorities to be addressed in the Strategy, with the advancement of socio-economic equality for women and girls identified as one of its six high-level objectives. 45 of the 139 actions in the Strategy are contributing to this objective. The Strategy is published by my Department on http://www.genderequality.ie/ where periodic progress updates will be available in due course.
Among the significant developments under the Strategy this year has been the establishment in July of the Better Balance for Better Business Review Group, a business-led initiative to advise on how more women can be involved in decision-making at the top level of businesses in Ireland, and the advancement of draft Government legislation requiring employers to publish information on the gender pay gap in their firms. Work is also continuing on the phased implementation of the new Affordable Childcare Scheme to support parents with the cost of quality childcare.
The Strategy builds on an extensive body of legislation to address discrimination and promote equality of opportunity for women and men which has progressively developed since equal pay legislation was introduced in the mid-1970s. This legislation has prohibited discrimination and harassment in employment on the basis of gender and family status, among other protected grounds. It also provides for means of redress for complainants in such situations. It encompasses employment equality, equal pay, maternity protection and parental leave legislation, as well as provision for the establishment of the Irish Human Rights and Equality Commission and the Workplace Relations Commission. The Irish Human Rights and Equality Commission (www.ihrec.ie), whose statutory functions include providing information to the public in relation to human rights and equality, has published guidance on rights and duties under this legislation.
227. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the legislative barriers that remain in place arising from the ratification of the United Nations Convention on the Rights of Persons with Disabilities, UNCRPD; the progress that has been made to bring forward the necessary legislation since Ireland ratified the convention in March 2018; when he plans to ratify the optional protocol to the UNCRPD providing persons with disabilities and advocacy groups a means to challenge Government on its failures; and if he will make a statement on the matter. [50608/18]
View answerThe Disability Miscellaneous Provisions Bill 2016, which contains key legislative amendments needed for compliance with the Convention on the Rights of Persons with Disabilities (CRPD), was published on December 2016. Second Stage (Dáil) took place on 31 January and 1 February 2017. Committee Stage is set for Wednesday 19 December 2018 in Dáil Éireann.
There are a number of amendments to be brought forward at Committee Stage, most of which are technical in nature. One of the key amendments proposed is to increase the employment target of persons with disabilities in the public sector from 3% to 6% on a phased basis by 2024.
The Disability Miscellaneous Provisions Bill 2016 includes provisions to establish the monitoring framework required by Article 33 of the Convention to promote, protect and monitor implementation of the CRPD. It requires the involvement and participation of civil society, in particular, persons with disabilities, in the monitoring process.
The monitoring framework will include both the Irish Human Rights and Equality Commission (IHREC) and the National Disability Authority (NDA) and will be governed by a formal Memorandum of Understanding. The IHREC Act 2014 was designed to ensure that IHREC, as Ireland’s National Human Rights Institution, fully meets the standard of independence in accordance with the Paris Principles, and is best placed to make periodic independent reports to the UN, supported by progress assessments and statistical information supplied by the NDA. The NDA has expertise and information resources in relation to reporting on disability issues.
The Convention and the Optional Protocol cover a broad range of commitments some of which require substantive cultural change such as those relating to de-congregation, personalised budgets and deprivation of liberty.
The Government’s approach to meeting the terms of the Convention will be one of sustained and ongoing improvement. Work is continuing on the reforms needed for an optimum level of compliance with the convention's requirements. Accordingly, the Optional Protocol is not being ratified at this time but will be ratified at the earliest opportunity following completion of Ireland's first reporting cycle, which will identify any additional actions needed to ensure the highest possible level of compliance with the Convention.
