Written Answers Nos. 99-114
99. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna céard iad na socraithe atá beartaithe lena chinntiú go mbeidh oiliúint ar fail trí Ghaeilge i nGaeltacht Chonamara dóibh siúd a fhágann an scoil luath trí Youth Reach nó clár eile, agus an cinneadh atá déanta ag Bord Oideachais agus Oiliúna na Gaillimhe agus Ros Comáin Teagmháil na nÓg i gConamara a dhúnadh á chur i gcuntas; agus an ndéanfaidh sé ráiteas ina thaobh. [7531/19]
View answerTá roinnt cúrsaí trí Ghaeilge á dtairiscint ag GRETB in Ionad Breisoideachais Ros Muc mar bhealaí chun cinn d’fhoghlaimeoirí. Tá na cúrsaí seo a leanas ar fáil: Riarachán Gnó Leibhéal 5; Cúram Sláinte Leibhéal 5; Cúram Leanaí Leibhéil 5 & 6.
Ina theannta sin, tá cúrsa Spóirt agus Aclaíochta ar fáil i Leitir Móir i gcomhar leis an Spórtlann.
Tá réimse de chláir pháirtaimseartha ag GRETB freisin agus iad á dtairiscint ag leibhéil 3 go 5 agus déanfar iad sin a leathnú amach le linn na bliana.
I mbliana, tá cúrsaí nua molta a bheidh ar fáil trí Ghaeilge amhail Dobharshaothrú. Cuireadh an cúrsa seo ar fáil cheana agus tá GRETB ag féachaint lena chur ar siúl arís agus béim ar Tháirgeadh agus ar Shábháil Feamainne. I measc na modúl eile, tá Deisiú Inneall Mara, Deisiú Eangach, agus Fás Sliogéisc agus déanfar iad sin ar fad a theagasc trí Ghaeilge.
Tá cúrsa eile i dtiomáint Leoraithe agus Busanna molta i nGaeltacht Chonamara agus déanfar é a thairiscint d’fhoghlaimeoirí Theagmháil na nÓg mar bhealach chun cinn. Beidh an cúrsa sin ar fáil trí Ghaeilge freisin.
100. Deputy Niamh Smyth asked the Minister for Education and Skills the status of negotiations with representatives of school secretaries regarding the two-tier pay system; and if he will make a statement on the matter. [7552/19]
View answerI recognise the very important work done by school secretaries, and indeed by other support staff, in the running of our schools and I am grateful to them for the contribution they make to our education system. I have spoken to a number of school secretaries about their employment conditions.
Schemes were initiated in 1978 and 1979 for the employment of Clerical Officers and Caretakers in schools. The schemes were withdrawn completely in 2008. These schemes have been superseded by the more extensive capitation grant schemes. The current grant scheme was agreed in the context of the Programme for Economic and Social Progress, published in 1991.
The majority of primary and voluntary secondary schools now receive assistance to provide for secretarial, caretaking and cleaning services under these grant 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 grant funding for caretaking or secretarial purposes, any staff taken on to support those functions are employees of individual schools. Specific responsibility for the pay and conditions rests with the school.
On foot of a Chairman’s Note to the Lansdowne Road Agreement, my Department engaged with the Unions representing school secretaries and caretakers, including through an independent arbitration process in 2015. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 for staff and that a minimum hourly pay rate of €13 be phased in over that period. This arbitration agreement covers the period up to 31 December 2019.
The arbitration agreement was designed to be of greatest benefit to lower-paid secretaries and caretakers. For example, a Secretary or Caretaker who was paid the then minimum wage of €8.65 per hour in 2015 prior to the arbitration will, from 1 January 2019, be paid €13 per hour which is a 50% increase in that individual’s hourly pay.
Following the arbitration process, grant funding used by schools to fund the salaries of ancillary staff was improved in order to enable schools to implement the arbitration outcome.
101. Deputy Mattie McGrath asked the Minister for Education and Skills the expenditure details for all consultancy or audit services provided to his Department by a company (details supplied) from 2015 to 2018 and to date in 2019; and if he will make a statement on the matter. [7560/19]
View answerDetails of consultancy payments made by my Department for the years 2011 to 2017 inclusive are available on the Department's website https://www.education.ie/en/Publications/Corporate-Reports/Financial-Reports/Expenditure-on-Consultancy. Information in relation to consultancy expenditure is compiled annually in respect of the previous year. The data in respect of 2018 is currently being collated and will be published on our website at the end of the first quarter 2019.
102. Deputy John Brassil asked the Minister for Education and Skills the status of an application for a new building by a school (details supplied); and if he will make a statement on the matter. [7590/19]
View answerAs the Deputy is aware, a building project for the school, to which he refers, is included in my Department's 6-Year Construction Programme.
In that context, my Department has been in direct contact with the school authority seeking clarification on the school's site proposals.
On receipt of this information the matter will be progressed and officials from my Department will continue to liaise with the school authority.
103. Deputy Billy Kelleher asked the Minister for Education and Skills when a school (details supplied) will have special needs assistants reinstated; and if he will make a statement on the matter. [7593/19]
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.
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.
104. Deputy Bernard J. Durkan asked the Minister for Education and Skills if his attention has been drawn to difficulties that have arisen by which SUSI refuses to accept certain information relating to applications for higher education grants from public representatives; if the issue will be investigated with a view to ensuring that applicants who have sought assistance from public representatives are not disadvantaged by so doing; and if he will make a statement on the matter. [7604/19]
View answerAs a centralised national service, SUSI implements a process through which student grant applicants and other parties to their application can consent to the sharing of their personal data with each other and with third parties, including public representatives, for the purpose of responding to queries submitted on behalf of applicants and parties to applications.
This process seeks to reasonably balance the efficient handling of applicant queries and third party representations with SUSI’s parallel obligation to ensure that each individual’s personal data is processed fairly and lawfully.
SUSI processes personal data for the purposes laid down in the Student Support Act 2011 and annual Student Grant Scheme and Regulations made thereunder. This data includes information submitted as part of a grant application and other relevant data required for the purpose of assessing and reviewing applications in order to make decisions under the legislation.
In order to give a full response to a query from a public representative on behalf of a person who is a party to an application, it may be necessary to release not only that person’s data, but also data relating to other persons named or identified in the application form i.e. the student applicant, their parents, partners, spouse, siblings, etc.
As a data controller under the Data Protection Acts, the awarding authority is obliged to ensure the protection of the personal data which it collects and must decide on appropriate means of safeguarding that data, including in line with the requirements of the General Data Protection Regulation (GDPR).
Therefore, for SUSI to respond effectively to a representation from a public representative on an individual application in a manner that is fully compliant with data protection law, SUSI must be satisfied that all individuals concerned have consented to the release of their personal data to a third party.
Reflecting the enhanced rights of data subjects to be able to access and exercise control of their data under GDPR, SUSI has implemented a more streamlined process for the management of applicant party consent. A fully online consent process has been developed whereby applicant parties can give, withdraw and update their data sharing consents at any time through the applicant’s online SUSI account, both in respect of each other and in respect of third parties including public representatives.
105. Deputy Jonathan O'Brien asked the Minister for Education and Skills the capital projects completed by his Department since 2011; the initial contract value of same; the final cost of same; and the final cost of the capital projects that have had an ex post review in tabular form. [7848/19]
View answerSchool building projects in excess of €10m typically arise at post-primary level rather than at primary level.
Building Contracts in excess of €10m
|
Numbers |
County |
Roll No. |
School |
Year |
Contract Sum Incl VAT |
Date LOA signed/ Contract commenced |
Final Account Agreed Sum incl VAT |
Reason for variation: Change Orders, Conciliation etc |
|
1 |
Cork |
68264R |
Edmund Rice College, Carrigaline |
2017 |
€13,322,007.84 |
24/03/2016 |
€14,683,207.60 |
Approved change orders |
|
2 |
Dublin |
60029J |
Clonkeen College, Dublin |
2017 |
11,303,020 |
22/06/2015 |
11,615,716.32 |
Approved Change Order |
|
3 |
Limerick |
20175A |
Limerick ETNS (Linked with 20181S) |
2017 |
€12,451,133.76 |
30/08/2016 |
€12,668,568.52 |
Approved change orders |
|
Limerick |
20181S |
GS an Raithin (Linked with 20175A) |
2017 |
|||||
|
4 |
Dublin |
68082L |
Coláiste Ghlór na Mara, Balbriggan |
2016 |
€14,364,344.28 |
06/11/2015 |
14,911,274.40 |
Approved change orders |
|
5 |
Meath |
76196W |
Ashbourne Post-Primary School, Ashbourne - linked to 20382F and 20396Q |
2016 |
€17,308,750.00 |
10/09/2015 |
€18,303,847.37 |
Approved change orders |
|
Meath |
20382F |
Gaelscoil Na Mí, Ashbourne - linked to 76196W & 20396QO |
2016 |
|||||
|
Meath |
20396Q |
Ashbourne Educate Together National School, linked to 76196W & 20382F |
2016 |
|||||
|
6 |
Cork |
62640M |
St Angela's College, Cork |
2015 |
11,423,467.50 |
10/03/2014 |
13,039,322.04 |
Approved Change Order and Conciliation Award |
|
7 |
Dublin |
76129H |
Ardgillan Community College, Balbriggan |
2015 |
12,319,627.51 |
01/07/2013 |
13,194,070.88 |
Approved Change Orders |
|
8 |
Dublin |
76152C |
Clonburris Post-Primary School, Clonburris, Lucan |
2015 |
€12,892,172.11 |
27/03/2014 |
€15,761,147.55 |
Approved change orders and conciliation |
|
9 |
Galway |
71330V |
Coláiste na Coiribe, Bóthar Thuama |
2015 |
€10,830,109.00 |
21/7/2014 |
€11,524,790 |
Approved change orders |
|
10 |
Dublin |
81001L |
Newpark Comp, Blackrock |
2014 |
12,468,451.03 |
09/07/2013 |
12,733,512.97 |
Approved Change orders |
|
11 |
Meath |
76173K |
Coláiste na Mí, Navan (linked to 20179I) |
2014 |
€11,379,235.42 |
20/12/2012 |
11,668,067.63 |
Approved change orders |
|
Meath |
20179I |
St Stephen's NS, Navan (linked to 76173K) |
2014 |
|||||
|
12 |
Meath |
18762D |
SN Realt na Mara (Girls) Mornington (joint project with 18767M) |
2014 |
€10,101,818.49 |
04/01/2013 |
€10,354,045 |
Approved change orders |
|
Meath |
18767M |
SN Realt na Mara (Boys) Mornington (joint project with 18762D) |
2014 |
|||||
|
13 |
Dublin |
76130P |
Luttrellstown Community College |
2013 |
€13,046,425.00 |
01/08/2012 |
€13,369,738.02 |
Approved change orders |
|
14 |
Monaghan |
76091I |
Gaelcholáiste Oiriall (Linked to 76095Q & 19936P) |
2013 |
€30,770,156.53 |
15/08/2011 |
€31,643,045.78 |
Approved change orders |
|
Monaghan |
76095Q |
Monaghan Institute of Further Education (Linked to 76091I & 19936P |
2013 |
|||||
|
Monaghan |
19936P |
Gaelscoil Ultain (Linked to 76095Q & 76091I) |
2013 |
|||||
|
15 |
Dublin |
76098W |
Pobail Scoil Setanta, Phibblestown - linked to 20247W |
2011 |
€19,921,240.77 |
16/12/2008 |
€20,292,897.58 |
Approved change orders |
|
Dublin |
20247W |
Scoil Grainne, Phibblestown - linked to 76098W |
2011 |
It can generally take quite a while for final accounts on projects to be submitted by contractors and then get finalised and agreed. The attached table sets out the position in respect of large-scale school building projects in excess of €10m where the final account has been agreed. In summary, it shows that there was just over a 5% difference between the tender (contract) sum and the agreed final account for large-scale school building projects delivered since 2011. There is a process in place for dealing with requests for change orders to existing contracts and these typically relate to matters such as unforeseen events during the construction process, requirement for additional works etc.
My Department carefully manages and control costs on all projects in order to ensure best possible outcomes for the investment being made under the capital programme.
The measures in place to manage and control costs on large-scale school building projects include:
- Detailed procedures in place for appraisal, design, tender and construction of large-scale school building projects.
- Standardisation of sizes and layouts for classrooms and other rooms in schools.
- Detailed design team procedures that involve Department approval for progression through the various stages of design and tendering.
- NDesign Team fees tendered on percentage basis and then locked in to a fixed sum when design has been developed at Stage 2A of design process.
- Planning permission and design completed before tender process commences which gives clarity to tenderers on scope of project
- Contracts tendered on a fixed price basis using the standard form of Government contract – which gives certainty in relation to managing the impact of construction inflation.
- Procedures in place for provision of monthly progress reports and arrangements for dealing with any requests for change orders to existing contracts.
In addition to the school projects listed in the attachment 20 schools were delivered during the period by way of Public Private Partnership (PPP). In the case of such projects, the cost (which also includes Facilities Management and lifecycle costs) is determined at Financial Close and payment by the Department is by way of monthly Unitary Charges over the operational period, usually 25 years.
Information in respect of capital projects in the Higher Education Sector with building contracts in excess of €10m and with final accounts agreed will be forwarded separately to the Deputy when the relevant information is collated and finalised.
106. Deputy Clare Daly asked the Minister for Justice and Equality the position regarding the two prison deaths that occurred in the Midlands Prison over the past period; his views on the matter; and if he will make a statement on the matter. [7411/19]
View answerI am advised by the Irish Prison Service that inquests into the deaths of the two persons who died while in the custody of Midlands Prison in 2019 are pending, and the scheduling of those inquests is a matter for the Coroner concerned.
However, I wish to inform the Deputy that all deaths in custody are the subject of a Garda investigation in addition to the inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner’s Court.
Moreover, all deaths in custody are also subject to an independent investigation by the Inspector of Prisons. The investigation by the Inspector of Prisons applies to prisoners who are in the custody of the Irish Prison Service, and includes those instances where the death of the prisoner has occurred outside the prison, or the prisoner in question was recently on temporary release at the time of death.
The Irish Prison Service also has an internal review mechanism which assesses the circumstances of a death in custody, highlights accountability and outlines any actions to be taken in relation to the incident.
All prisoners on committal to prison, receive a comprehensive health assessment which includes a risk assessment for mental health issues. Management interventions to ensure the prisoners safety including recommendations on accommodation within the prison, observation levels to be conducted on the prisoner, increased healthcare inputs, and any other specific measures that may be appropriate are implemented to reduce the risk in individual cases. In such cases, further assessments are undertaken by the in-reach mental health services, and a multi-agency approach to deal with prisoners needs. Where appropriate, prisoners are kept under review by both the local healthcare team and the in-reach mental health specialists, and are reviewed at a weekly multi-agency meeting.
107. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 396 of 15 January 2019, if information relating to the Garda unit that attended at Oberstown Children Detention Campus on each occasion that gardaí were called between 2016 and 2018 and to date in 2019 will be provided. [7446/19]
View answerI am advised that the type of breakdown sought by the Deputy is not readily available and could take a substantial period of time for An Garda Síochána to assemble. However, I am advised by the Garda authorities that calls to Oberstown Detention Centre are typically responded to by Gardaí attached to Balbriggan, Lusk and Skerries Garda Stations and, where necessary, this response is augmented by other units such as Public Order Units and the Crime Task Force.
Notwithstanding the above, if the Deputy is referring to a specific incident during the period in question, and she would like to bring this incident to my attention, I would be happy to make further enquiries with the Garda authorities.
108. Deputy Catherine Martin asked the Minister for Justice and Equality the number of successful prosecutions made arising from the use of data from the pilot scheme of red light running cameras in Dublin city at the junction of Benburb Street and Blackhall Place; the period in which these cameras were operational; and his future plans for such cameras. [7496/19]
View answerIn responding to the Deputy’s current Parliamentary Question, I will also address outstanding queries in relation to the pilot raised by the Deputy in Question Nos. 264 of 26 June 2018 and 331 and 332 of 18 September 2018.
As the Deputy is aware, I requested reports from An Garda Síochána and the Courts Service in relation to statistics sought by the Deputy last year concerning the number of successful prosecutions and fines arising from the pilot. I have since received those responses and am setting out the position with regard to the pilot scheme.
The Deputy will be aware that the aim of the pilot red light camera monitoring system along the Red Luas line at the Blackhall Place/Benburb Street Junction was to reduce the number of road traffic collisions between trams and road vehicles caused by motorists breaking red lights at the junction. The project was established between Transport Infrastructure Ireland, National Transport Authority, Dublin City Council and An Garda Síochána and ran between 4 June 2015 and 3 December 2016.
The Deputy will appreciate that, in my capacity as Minister for Justice and Equality, I had no role in relation to this pilot project, beyond providing the necessary authorisation under section 81(7) of the Road Traffic Act 2010. The role of An Garda Síochána in relation to the pilot was to perform its statutory function in prosecuting offenders identified by the camera monitoring system.
I am informed by An Garda Síochána that during the period the pilot was in operation, there were 1,300 detections. 737 of these detections were accepted and processed for prosecution, while 563 were rejected. Cyclists accounted for 73% of all rejections. Detections may also be rejected due to obscured/obstructed camera images, or in cases where the vehicle registration is not visible. 624 Fixed Charge Notices (FCNs) were issued, of which 440 FCN amounts were paid (71%).
I am advised by the Courts Service that its data is not recorded in such a way that allows for the compilation of statistics relating to this pilot.
As per my previous replies to the Deputy’s questions on the pilot, An Garda Síochána is not currently aware of plans to introduce similar red light camera monitoring systems at any other locations.
I hope that this information will be of assistance to the Deputy. Given that the primary responsibility for projects of this nature lies with Transport Infrastructure Ireland, the Deputy may wish to address further queries relating to the Blackhall Place/Benburb Street Junction pilot to that agency.
109. Deputy Clare Daly asked the Minister for Justice and Equality the recruitment and competition process for coroners. [7520/19]
View answer110. Deputy Clare Daly asked the Minister for Justice and Equality if coroners are subject to a system of periodic appraisal; and if so, the person or body the appraisal is carried out by. [7521/19]
View answer111. Deputy Clare Daly asked the Minister for Justice and Equality if coroners are required to engage in a form of continuing professional development while holding the role of coroner. [7522/19]
View answerI propose to take Questions Nos. 109 to 111, inclusive, together.
The legislation governing the recruitment and appointment of coroners is set out in the Coroners Act, 1962, as amended. With the exception of Dublin, the appointment of coroners is a matter for the local authority in whose area the coroner is to perform his or her duties.
The coroner is a statutory officer exercising a quasi-judicial function and in relation to the conduct of their duties they are independent in the performance of their role. The Deputy will appreciate therefore, that neither I, nor my Department, have any role in relation to the appraisal of the performance of a coroner in regard to their conduct of a death investigation. The coroner is, however, subject to judicial review in relation to the conduct of their functions.
While there are no formal requirements in statute for coroners to engage in continuing professional development. The Coroners Society of Ireland holds training days for coroners throughout the year. The annual conference of the Society provides a platform for considerable exchange of views with experts and a significant learning agenda on matters of interest or concern to the coronial function. My Department is happy to support the annual conference and my officials will always attend where possible.
Coroners are drawn from the medical or legal professions. In addition, the Law Society which represents Solicitors and the Bar Council which represents Barristers both require members to engage in a process of Continual Professional Development. Coroners who are doctors will also benefit from their ongoing involvement with relevant medical authorities.
112. Deputy Clare Daly asked the Minister for Justice and Equality the number of times An Garda Síochána was called to respond to an incident in each of the prisons here in each of the years 2016 to 2018, inclusive, and to date in 2019; and if he will make a statement on the matter. [7537/19]
View answerI am advised by my officials in the Irish Prison Service that members of An Garda Síochána may be called to attend prisons for a variety of reasons including the following:
- incidents relating to the possession of contraband by prisoners
- incidents relating to the smuggling of contraband by prison visitors
- deaths in custody
- reports of assault or other offences which would be considered a criminal matter
I am further advised that the Irish Prison Service does not collate all records in relation to the number of times An Garda Síochána are requested to attend at a prison. However, statistics are collated with respect to incidents where a member of An Garda Síochána is requested to attend in relation to a death in custody, and these are set out as follows:
|
Establishment |
2016 |
2017 |
2018 |
2019 to date |
Total |
|
Shelton Abbey |
0 |
0 |
0 |
0 |
0 |
|
Loughan House |
0 |
0 |
0 |
0 |
0 |
|
Cloverhill |
0 |
1 |
0 |
0 |
1 |
|
Midlands |
1 |
2 |
3 |
2 |
8 |
|
Arbour Hill |
0 |
0 |
0 |
0 |
0 |
|
Mountjoy (Male & Female) |
2 |
2 |
3 |
0 |
7 |
|
Castlerea |
0 |
0 |
0 |
0 |
0 |
|
Wheatfield |
1 |
1 |
1 |
0 |
3 |
|
Cork |
0 |
2 |
2 |
0 |
4 |
|
Limerick |
0 |
1 |
0 |
0 |
1 |
|
Portlaoise |
1 |
0 |
0 |
0 |
1 |
Furthermore there may be instances where An Garda Síochána is requested to attend the prison in relation to a visitor suspected of smuggling contraband. The figures provided by the Irish Prison Service are below.
|
Establishment |
2016 |
2017 |
2018 |
Total |
|
Shelton Abbey |
0 |
0 |
0 |
0 |
|
Loughan House |
0 |
0 |
0 |
0 |
|
Cloverhill |
1 |
1 |
1 |
3 |
|
Midlands |
44 |
66 |
50 |
160 |
|
Arbour Hill |
0 |
0 |
0 |
0 |
|
Mountjoy (Male & Female) |
25 |
41 |
20 |
86 |
|
Castlerea |
4 |
13 |
9 |
26 |
|
Wheatfield |
17 |
10 |
6 |
33 |
|
Cork |
4 |
2 |
0 |
6 |
|
Limerick |
10 |
16 |
5 |
31 |
|
Portlaoise |
2 |
7 |
8 |
17 |
113. Deputy Clare Daly asked the Minister for Justice and Equality if he will report on the completion and publication of the Inspector of Prisons report into allegations of covert surveillance of staff at Portlaoise Prison; and if he will make a statement on the matter. [7538/19]
View answerAs the Deputy is aware, I have asked the Inspector of Prisons, Patricia Gilheaney, to carry out an investigation into allegations of surveillance and other wrongdoing in prisons, to determine as far as possible the facts and report back to me by the end of February or as soon as possible thereafter. This investigation is a statutory investigation under section 31 of the Prisons Act 2007. The provisions regarding publication of such reports are outlined in Section 31. The report of the Inspector of Prisons, when finalised, will provide a basis for consideration of what further steps may need to be taken.
114. Deputy Mattie McGrath asked the Minister for Justice and Equality the expenditure details for all consultancy or audit services provided to his Department by a company (details supplied) from 2015 to 2018, inclusive, and to date in 2019; and if he will make a statement on the matter. [7566/19]
View answerMy Department has not incurred any such expenditure in the period in question. Where such expenditure has been incurred by agencies under the aegis of my Department I have asked that they respond directly to the Deputy.
