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Thursday, 7 Nov 2019

Written Answers Nos. 65-79

Public Sector Pensions

Questions (65)

Seán Haughey

Question:

65. Deputy Seán Haughey asked the Minister for Public Expenditure and Reform if the cases of retired public servants who subsequently take up private employment will be reviewed; the reason such retired public servants have their pensions cut by half; if he will reconsider this situation; and if he will make a statement on the matter. [45845/19]

View answer

Written answers

It is assumed that the Deputy is not referring to the abatement of a public service pension, which, in accordance with the Public Service Pensions (Single Scheme and other Provisions) Act 2012, only applies where a retired public servant, in receipt of a public service pension, takes up employment in the public service. Where a public servant in receipt of a public service pension takes up private sector employment there is no impact, in respect of abatement, on the public service pension.

It is taken, therefore, that the Deputy is referring to the payment of supplementary pensions.

Officers who are not members of the Single Scheme and who pay Class A PRSI during their employment in the public service have their public service occupational pension integrated with the Social Welfare system i.e. account is taken of any social welfare pension payable to the individual in calculating the occupational pension payable to that individual. Where an individual does not qualify for a social welfare pension or qualifies at less than the maximum rate of Contributory State Pension they may be entitled to the payment of a supplementary pension subject to meeting certain conditions.

In the case of Established Civil Servants who are not members of the Single Scheme those conditions are laid down in Circular 6/1995 – Revised Social Insurance Status and Conditions of Service of Certain Civil Servants.

In accordance with paragraph 3 of the Circular, the new rules apply to persons appointed to established civil service positions on or after 6 April 1995. The revised superannuation arrangements are set out at paragraph 13, which provides that:

" ... In the case of officers covered by Class A insurance, the following arrangements will apply:

(a) no change will be made in the occupational lump sum; and

(b) the occupational pension will be calculated on the basis of 1/80th of net pensionable remuneration per year service. (Net pensionable remuneration means the amount by which pensionable remuneration exceeds twice the annual rate of social insurance old age contributory pension payable at the maximum rate to a person with no adult dependent or qualified children.) In the case of staff to whom the terms of the Superannuation (Prison Officers) Act, 1919 apply, the pension benefit for each year of service in excess of twenty will be 2/80ths of net pensionable remuneration.

Paragraph 18 of the Circular provides for payment of a supplementary pension as follows:

"18. The revised superannuation arrangements include provisions for the payment of a supplementary pension in certain circumstances to pensioners in respect of periods during which the pensioner is not employed in any capacity which involves a social insurance contribution and, due to causes outside his/her own control, fails to qualify for social insurance benefit[1] or qualifies for such benefit at less than the maximum personal rate. The supplementary pension will be equal to the difference between

(i) the occupational pension which would have been payable if it had been based on pensionable remuneration instead of net pensionable remuneration and

(ii) aggregate of the actual occupational pension payable and the actual rate of social insurance benefit payable (including any payments for dependents)."

It is understood that similar rules apply across the wider public service.

The grant of a supplementary pension under paragraph 18 of the Circular is not automatic and is conditional upon a number conditions as follows:

1. the individual must not be engaged in paid employment;

2. he or she does not qualify for social insurance benefit or fail to qualify for such benefit at the maximum rate; and

3. his or her failure to qualify must be due to causes outside his or her control.

The maximum supplementary pension payable to an individual is equivalent to the current rate of the contributory state pension. The actual rate of supplementary pension is dependent on many factors including length of service and final pensionable remuneration; this rate will not necessarily represent “half of the pension”.

[1] Social Welfare Benefit is defined in the Rules as State Pension (Contributory), State Pension (Transition); Illness Benefit, Invalidity Pension or Jobseekers Benefit payable under the Social Welfare Acts or any equivalent contributory benefit, by whatever name called, substituted for any of those benefits in any future enactment amending the Social Welfare Acts.

Public Procurement Regulations

Questions (66)

Michael Lowry

Question:

66. Deputy Michael Lowry asked the Minister for Public Expenditure and Reform the steps he is taking to promote small and medium-sized enterprises' uptake procurement opportunities; if he will introduce extra supports for SMEs following Brexit; and if he will make a statement on the matter. [45869/19]

View answer

Written answers

The Office of Government Procurement (OGP) has developed a suite of policy measures aimed at assisting SMEs to access public procurement opportunities (implemented through Circular 10/14). These include:

- Proportionate financial capacity criterion (turnover requirements limited to twice the contract value)

- Contracting authorities are encouraged to divide public contracts into lots

- Provision for “consortia bidding” to assist SMEs to participate in procurement procedures where they would not have the relevant capability or scale

- Public bodies are required to advertise contracts for goods and services valued above €25,000 on the national eTenders portal

In addition, my colleague, Minister of State Patrick O’Donovan, who has responsibility for public procurement, chairs quarterly meetings of an SME Advisory Group, in accordance with the Programme for Government. This ensures that the voice of Irish SMEs (through the industry representative bodies ISME, IBEC, SFA, Chambers Ireland and CIF) is heard by Government. The Tender Advisory Service, which was re-launched in 2018, was set-up to assist SMEs with public procurement issues. This service is an initiative that was developed out of the SME Advisory Group.

The OGP proactively engages with the Department of Business, Enterprise and Innovation, Inter-Trade Ireland and Enterprise Ireland to promote SME access to public procurement. The OGP participate at Go-2-Tender workshops and Meet the Buyer events held across the country which are designed to help SMEs.

The Department of Business, Enterprise and Innovation has worked with Enterprise Ireland to ensure we have the appropriate mix of supports for businesses to prepare and manage through whatever Brexit we may face over the coming period. The joint Skillnet and Enterprise Ireland Clear Customs Scheme was launched on 7th August to help customs agents, intermediaries and affected Irish businesses deal with additional customs requirements. This is a free customs training programme delivered nationwide by Skillnet coupled with €3 million funding allocated to Enterprise Ireland for a support payment of up to €6,000 per employee to help with extra costs to manage customs compliance.

The large suite of supports available also include the Brexit Scorecard, Grant aid, Consultancy, Mentoring, Advisory Clinics, Agile Innovation Fund, Operational Excellence Offer and Market Discovery Fund. These supports help companies consider various risks such as supply chain vulnerabilities and act to mitigate against them. All of these supports are critical for businesses and exporters who are heavily exposed to the UK market in sectors such as construction, engineering and food.

The OGP has requested that industry representative bodies on the SME Advisory Group bring these support initiatives to the attention of their members.

Public Sector Staff Remuneration

Questions (67)

Seán Fleming

Question:

67. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the position regarding persons who take up positions in the public service, if previous similar work can be taken into consideration in terms of their starting points on the scale (details supplied); if this applies across each Department and local authorities; and if he will make a statement on the matter. [45899/19]

View answer

Written answers

The individual referred to was not, before appointment, a serving civil or public servant. In general, public service pay policy requires that new entrants are appointed at the minimum of the scale. Where different arrangements apply, these are set out in the terms and conditions of appointment and should be clarified by the relevant employer.

Court Accommodation Refurbishment

Questions (68, 69)

Pearse Doherty

Question:

68. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if a structural survey of Carndonagh courthouse, County Donegal, has taken place in order to assess its condition and prioritise the work required in order to re-open it; and if he will make a statement on the matter. [45923/19]

View answer

Pearse Doherty

Question:

69. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if a programme of remedial works for Carndonagh courthouse, Carndonagh, County Donegal, has been put in place; the likely timeframe involved; the steps taken to provide for an alternative to ensure that court sittings continue to be held in Carndonagh; and if he will make a statement on the matter. [45924/19]

View answer

Written answers

I propose to take Questions Nos. 68 and 69 together.

While the Office of Public Works has no responsibility for Court buildings, it does provide technical and other services on request to the Courts Service in relation to its buildings. The OPW has carried out an inspection of Carndonagh Courthouse and has made recommendations to the Courts Service on the works required to the building.

Tourism Promotion

Questions (70, 71, 72)

Pearse Doherty

Question:

70. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the status of the conservation management plan for Grianán of Aileach, County Donegal which the OPW said it would commission in February 2017. [45929/19]

View answer

Pearse Doherty

Question:

71. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if the OPW can recruit a tour guide for Grianán of Aileach in view of the fact it is the most visited site in County Donegal. [45930/19]

View answer

Pearse Doherty

Question:

72. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if there has been collaboration between the OPW, Fáilte Ireland and Donegal Tourism in promoting Grianán of Aileach as a tourist destination; and if so, the details of same. [45931/19]

View answer

Written answers

I propose to take Questions Nos. 70 to 72, inclusive, together.

The Grianán an Aileach National Monument in Co. Donegal is open to visitors daily throughout the year (opening times vary seasonally). A public carpark, owned by Donegal Co. Council, is available during opening hours and this gives visitors direct access to a universally accessible boardwalk leading to the Monument itself a short distance away. Basic interpretation is provided in the form of information panels located conveniently at the site. OPW employs a local caretaker / keyholder to manage the opening and closing of the carpark and maintains visitor data electronically at the site. The data available indicates that 90,435 visitors were recorded in 2018. This level of usage by the public suggests that there is considerable interest in An Grianán as an attraction and it is popular with both domestic and foreign visitors. However, it is also clear that the volume of footfall and the unregulated and unsupervised nature of the traffic presents significant conservation risks at the site. Currently, OPW staff are being called on regularly during the summer period in particular to repair physical damage done to the Monument and to clean the site from the after effects of antisocial behaviour.

Understanding that the site exhibits considerable tourism potential, OPW has raised with Fáilte Ireland and the Department of Culture Heritage and the Gaeltacht the possibility of some level of visitor infrastructure being provided which would enhance the experience and provide a control mechanism that would assist in the sustainable management of visitors. OPW has also met with interested parties locally, including Donegal Co. Council and Fáilte Ireland and has suggested that collaboration between the various public agencies that focusses particularly on those that own potential development land near the Monument should be explored.

In order to assist with the process of identifying possible ways to improving provision for visitors to the site, OPW early in 2019 commissioned a specialist consultant to develop a Conservation and Management Plan for Grianán an Aileach and this work is currently underway. The OPW has, in the context of the discussions held with public partners, left open the question of the future management and staffing of the site. Without suitable infrastructure currently, there is no suitable location to house staff and to provide a Guide service would not be feasible in advance of any facilities being built and a decision made as to who should operate the facility.

Tourism Data

Questions (73)

Pearse Doherty

Question:

73. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the most recent visitor numbers at OPW sites in County Donegal that are open to the public. [45932/19]

View answer

Written answers

The most recent visitor numbers available are for 2018. Visitor numbers are not available for all OPW sites that are open to the public, only those which have either a guide service or a passive pedestrian counter. At Doe Castle and the Grianán of Aileach visitor numbers are recorded by passive counter. There is a guide service at Donegal Castle, the Glebe Gallery and Newmills and visitor numbers at these sites refer to ticketed visitors.

Site

2018 Visitor Numbers

Doe Castle

29,379

Donegal Castle

56,459

Glebe House & Gallery

32,169

Grianán of Aileach

90,435

Newmills Corn & Flax Mills

3,649

Summer Works Scheme Applications

Questions (74)

Peter Burke

Question:

74. Deputy Peter Burke asked the Minister for Education and Skills the status of a summer works scheme application by a school (details supplied); and if he will make a statement on the matter. [45792/19]

View answer

Written answers

I can confirm to the Deputy that my Department is in receipt of an application from the school in question for the Summer Works Schemes (SWS) 2020 onwards for Category 9, Fabric Defects.

Commensurate with the level of funding available for the Summer Works Scheme (SWS) 2020 onwards, all applications will be assessed on a top down basis in accordance with the prioritisation criteria outlined in the governing Circular Letter for the Scheme. This Circular Letter (0027/2019) is available on my Department's website www.education.ie.

It is my intention to publish a list of successful applicants in Q4 2019 for works to be carried out in summer 2020.

Schools Building Projects Status

Questions (75)

Seán Sherlock

Question:

75. Deputy Sean Sherlock asked the Minister for Education and Skills the status of the provision of a new school building and site for a school (details supplied) in County Kildare; and if he will make a statement on the matter. [45823/19]

View answer

Written answers

The major building project for the school referred to by the Deputy has completed Stage 2(b) of architectural planning and has been progressed to tender stage.

The Design Team Leader has advised that it expects to issue the Invitation to Tender to the shortlisted contractors in the next few weeks.

A tender stage normally takes between 7 and 8 months to complete.

In regard to the site acquisition, good progress is being made and it is anticipated that conveyancing will conclude in the very near future. Both legal teams are working on finalising matters. It is not possible to elaborate on specific details due to commercial sensitivities, however, the Department will continue in its commitment to keep the school appraised of progress in the transaction.

School Admissions

Questions (76)

Michael McGrath

Question:

76. Deputy Michael McGrath asked the Minister for Education and Skills if he will allow a school (details supplied) in County Cork to take in three junior infants classes in 2020-21 in view of the fact that a permanent school building is to be provided that will enable the school to be three stream; and if he will make a statement on the matter. [45839/19]

View answer

Written answers

The school referred to by the Deputy is located in interim accommodation pending delivery of its permanent accommodation as part of my Department's Design and Build Programme.

In an interim situation it is not possible to provide the same level of accommodation which will be delivered as permanent accommodation. This may mean that the schools intake in its first few years of operation will by necessity be less than would be possible in permanent accommodation. Therefore in this instance my Department will not allow the school concerned to take in three junior infant classes in 2020/21.

My Department's main priority is to ensure that all pupils have access to a school place, however, this may not always result in a school place of first choice. A range of factors including parental choice, school location and commuting patterns can contribute to oversubscription of certain schools within an area.

School Services Staff

Questions (77)

Willie Penrose

Question:

77. Deputy Willie Penrose asked the Minister for Education and Skills further to Parliamentary Question No. 97 of 26 September 2019, the steps being taken to ensure that the appropriate wage structure of €13 per hour is paid out by the schools in respect of caretakers employed by voluntary secondary schools and whose wages are funded by way of capital grants paid to the school; when the new agreement that will replace the current arbitration agreement, which expires on 31 December 2019, will come into force; the sanctions available to caretakers if the schools employing them have failed to implement the agreement; and if he will make a statement on the matter. [45889/19]

View answer

Written answers

I recognise the very important work done by these staff, and the other support staff in the running of our schools. I have spoken to a number of staff about their employment conditions and understand the issues they have raised.

In Budget 2020 I increased the number of secretaries and caretakers in certain schools, allowing schools with enrolments of 700 or more to fill caretaker vacancies provided they have fewer than two caretakers; schools with enrolments of 500-625 to fill secretary vacancies provided they have fewer than 1.5 secretaries, and schools with enrolments of 626-699 to fill vacancies provided they have fewer than two posts filled. These measures will take effect from September 2020.

Earlier this year I relaxed the moratorium for those C&C and ETB schools with enrolments of 700 and more which allow them to employ additional school secretaries up to a maximum of two per school. There are 91 schools in the C&C and ETB Sector who meet this criteria, based on the information currently available to this Department. This is an initial step and has taken immediate effect

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 terms of employment 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 has from 1 January 2019, been paid €13 per hour which is a 50% increase in that individual’s hourly pay.

The increases recommended by the Arbitrator are binding and must be applied by all schools who employ staff to whom the Arbitrator’s recommendation applies. My Department receives informal correspondence by telephone in respect of grant-funded secretary and caretaker circulars, as regularly occurs with the publication of pay circulars. Advice is provided on the implementation of the circular and the appropriate steps to take. Caretakers and Secretaries who have queries regarding the application of the circular should raise queries directly with their individual employer / Board of Management.

In addition, the recent survey of Secretaries and Caretakers has identified some schools that are non-compliant with the provisions of the 2015 Arbitration Agreement, and my Department will be making contact with these schools to remind them of their obligations under the agreement, as implemented through various circulars. The links below will bring you to the most recent circulars in respect of the pay increases under the 2015 Arbitration Agreement.

www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0076_2018.pdf.

www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0077_2018.pdf.

Officials from my Department attended a meeting of the Joint Committee on Education and Skills on the 9th of April to discuss the status of non-teaching staff.

In May this year officials from my Department had discussions with FÓRSA trade union representatives as part of a planned meeting. FÓRSA took the opportunity to formally table a pay claim.

This was tabled as a follow-on claim from the current pay agreement for this cohort of staff which lasts until December 2019. The Department issued surveys on the 10th of July to establish the full current cost of the trade union’s claim. This is standard practice.

Officials from the Department met with FÓRSA representatives in September. Management Bodies representing the employers of schools impacted by the action were also in attendance at the meeting. The purpose of the meeting was to further explore the details of the pay claim as presented by FÓRSA and the nature of the industrial action.

On 30 September FÓRSA requested the Department to agree to use the services of the Workplace Relations Commission (WRC) to resolve the dispute. As is normal practice the Department has agreed to use the industrial relations machinery of the state in an effort to resolve this matter.

In order to address the various issues within the claim and to arrive at a mutually acceptable solution, the Department is in discussions with FÓRSA under the auspices of the WRC.

School Services Staff

Questions (78)

Willie Penrose

Question:

78. Deputy Willie Penrose asked the Minister for Education and Skills if the 10% increase that was recommended by the arbitrator for the payment of caretakers by voluntary schools between 2016 and 2019 was implemented; if caretakers that did not receive the graduated increase between the years are now entitled to arrears and backdating of their pay to cover the period between 2016 and 2019; and if he will make a statement on the matter. [45890/19]

View answer

Written answers

I recognise the very important work done by these staff, and the other support staff in the running of our schools. I have spoken to a number of staff about their employment conditions and understand the issues they have raised.

In Budget 2020 I increased the number of secretaries and caretakers in certain schools, allowing schools with enrolments of 700 or more to fill caretaker vacancies provided they have fewer than two caretakers; schools with enrolments of 500-625 to fill secretary vacancies provided they have fewer than 1.5 secretaries, and schools with enrolments of 626-699 to fill vacancies provided they have fewer than two posts filled. These measures will take effect from September 2020.

Earlier this year I relaxed the moratorium for those C&C and ETB schools with enrolments of 700 and more which allow them to employ additional school secretaries up to a maximum of two per school. There are 91 schools in the C&C and ETB Sector who meet this criteria, based on the information currently available to this Department. This is an initial step and has taken immediate effect.

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 terms of employment 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 has from 1 January 2019, been paid €13 per hour which is a 50% increase in that individual’s hourly pay.

The increases recommended by the Arbitrator are binding and must be applied by all schools who employ staff to whom the Arbitrator’s recommendation applies. My Department receives informal correspondence by telephone in respect of grant-funded secretary and caretaker circulars, as regularly occurs with the publication of pay circulars. Advice is provided on the implementation of the circular and the appropriate steps to take. Caretakers and Secretaries who have queries regarding the application of the circular should raise queries directly with their individual employer / Board of Management.

In addition, the recent survey of Secretaries and Caretakers has identified some schools that are non-compliant with the provisions of the 2015 Arbitration Agreement, and my Department will be making contact with these schools to remind them of their obligations under the agreement, as implemented through various circulars. The links below will bring you to the most recent circulars in respect of the pay increases under the 2015 Arbitration Agreement.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0076_2018.pdf.

https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0077_2018.pdf.

Officials from my Department attended a meeting of the Joint Committee on Education and Skills on the 9th of April to discuss the status of non-teaching staff.

In May this year officials from my Department had discussions with FÓRSA trade union representatives as part of a planned meeting. FÓRSA took the opportunity to formally table a pay claim.

This was tabled as a follow-on claim from the current pay agreement for this cohort of staff which lasts until December 2019. The Department issued surveys on the 10th of July to establish the full current cost of the trade union’s claim. This is standard practice.

Officials from the Department met with FÓRSA representatives in September. Management Bodies representing the employers of schools impacted by the action were also in attendance at the meeting. The purpose of the meeting was to further explore the details of the pay claim as presented by FÓRSA and the nature of the industrial action.

On 30 September FÓRSA requested the Department to agree to use the services of the Workplace Relations Commission (WRC) to resolve the dispute. As is normal practice the Department has agreed to use the industrial relations machinery of the state in an effort to resolve this matter.

In order to address the various issues within the claim and to arrive at a mutually acceptable solution, the Department is in discussions with FÓRSA under the auspices of the WRC.

School Services Staff

Questions (79)

Willie Penrose

Question:

79. Deputy Willie Penrose asked the Minister for Education and Skills if an assessment of the conditions of caretakers in secondary schools will be carried out to ensure that the disadvantages that they have sustained over a number of years will be remedied and that the appropriate work and conditions applicable to all employees nationwide, such as entitlement to overtime or other such benefits are catered for in new agreements that will be reached; if the direct employment of caretakers in schools will be considered rather than leaving the issue of remuneration such employees directly to the schools themselves; and if he will make a statement on the matter. [45891/19]

View answer

Written answers

I recognise the very important work done by these staff, and the other support staff in the running of our schools. I have spoken to a number of staff about their employment conditions and understand the issues they have raised.

In Budget 2020 I increased the number of secretaries and caretakers in certain schools, allowing schools with enrolments of 700 or more to fill caretaker vacancies provided they have fewer than two caretakers; schools with enrolments of 500-625 to fill secretary vacancies provided they have fewer than 1.5 secretaries, and schools with enrolments of 626-699 to fill vacancies provided they have fewer than two posts filled. These measures will take effect from September 2020.

Earlier this year I relaxed the moratorium for those C&C and ETB schools with enrolments of 700 and more which allow them to employ additional school secretaries up to a maximum of two per school. There are 91 schools in the C&C and ETB Sector who meet this criteria, based on the information currently available to this Department. This is an initial step and has taken immediate effect.

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 terms of employment 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 has from 1 January 2019, been paid €13 per hour which is a 50% increase in that individual’s hourly pay.

The increases recommended by the Arbitrator are binding and must be applied by all schools who employ staff to whom the Arbitrator’s recommendation applies. My Department receives informal correspondence by telephone in respect of grant-funded secretary and caretaker circulars, as regularly occurs with the publication of pay circulars. Advice is provided on the implementation of the circular and the appropriate steps to take. Caretakers and Secretaries who have queries regarding the application of the circular should raise queries directly with their individual employer / Board of Management.

In addition, the recent survey of Secretaries and Caretakers has identified some schools that are non-compliant with the provisions of the 2015 Arbitration Agreement, and my Department will be making contact with these schools to remind them of their obligations under the agreement, as implemented through various circulars. The links below will bring you to the most recent circulars in respect of the pay increases under the 2015 Arbitration Agreement.

www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0076_2018.pdf.

www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0077_2018.pdf.

Officials from my Department attended a meeting of the Joint Committee on Education and Skills on the 9th of April to discuss the status of non-teaching staff.

In May this year officials from my Department had discussions with FÓRSA trade union representatives as part of a planned meeting. FÓRSA took the opportunity to formally table a pay claim.

This was tabled as a follow-on claim from the current pay agreement for this cohort of staff which lasts until December 2019. The Department issued surveys on the 10th of July to establish the full current cost of the trade union’s claim. This is standard practice.

Officials from the Department met with FÓRSA representatives in September. Management Bodies representing the employers of schools impacted by the action were also in attendance at the meeting. The purpose of the meeting was to further explore the details of the pay claim as presented by FÓRSA and the nature of the industrial action.

On 30 September FÓRSA requested the Department to agree to use the services of the Workplace Relations Commission (WRC) to resolve the dispute. As is normal practice the Department has agreed to use the industrial relations machinery of the state in an effort to resolve this matter.

In order to address the various issues within the claim and to arrive at a mutually acceptable solution, the Department is in discussions with FÓRSA under the auspices of the WRC.

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