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Thursday, 5 Mar 2020

Written Answers Nos. 303-322

Third Level Fees

Questions (303)

Micheál Martin

Question:

303. Deputy Micheál Martin asked the Minister for Education and Skills the supports available to students who do not qualify for the free fees initiative that experience financial hardship as a result of college fees; and if he will make a statement on the matter. [3558/20]

View answer

Written answers

Under the Free Fees Initiative, the Exchequer provides funding towards tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study. In order to qualify for funding under the Free Fees Initiative, students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course. Funding under this Initiative is only available in respect of approved courses within the State.

Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education, including approved undergraduate and postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from the student’s local Tax Office or from the Revenue Commissioners website, www.revenue.ie.

 Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. While students who need help with tuition fees or registration fees cannot be considered under the Student Assistance Fund, the Fund can assists students to meet other specified needs, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.

Schools Building Projects

Questions (304, 311)

Michael McGrath

Question:

304. Deputy Michael McGrath asked the Minister for Education and Skills the position in relation to the development of a new school building for a school (details supplied) in County Cork; the next steps in the process; the overall timeline for the development of the new school; and if he will make a statement on the matter. [3559/20]

View answer

Michael McGrath

Question:

311. Deputy Michael McGrath asked the Minister for Education and Skills the position in relation to the development of a new school building for a school (details supplied) in County Cork; the next steps in the process; the overall timeline for the development of the new school; and if he will make a statement on the matter. [3667/20]

View answer

Written answers

I propose to take Questions Nos. 304 and 311 together.

The Deputy will be aware that a building project for the school in question is included on the Department's Capital Programme to be delivered as part of the National Development Plan (NDP).

My Department is currently developing the accommodation brief for the project and when finalised, my Department will be in contact with the school authorities regarding the progression of the project. I understand that the school amalgamation will operate from September 2020.

Emergency Works Scheme Applications

Questions (305)

Brian Stanley

Question:

305. Deputy Brian Stanley asked the Minister for Education and Skills his plans to ensure a school (details supplied) receives approval for urgent work to be carried out on the roof and on the electrical and sewage systems. [3570/20]

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Written answers

I am  pleased to inform the Deputy that an Emergency Works Grant has been approved to address roof works in respect of the senior block of the school in question.  As this is a devolved scheme it is a matter for the school to progress this project.

School Enrolments

Questions (306)

Aindrias Moynihan

Question:

306. Deputy Aindrias Moynihan asked the Minister for Education and Skills the extent of discussions he has had with the authorities of a school (details supplied) regarding the difficulties parents are experiencing obtaining school places for first years for September 2020; his plans to ensure local children will have a school place in September 2020; and if he will make a statement on the matter. [3601/20]

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Written answers

I wish to advise the Deputy that as school authorities finalise their enrolments each year, issues have arisen where primary school pupils are experiencing difficulties in a number of areas in securing a post-primary school place for the start of the new school year (September 2020).

Where capacity is an issue the key points to be considered are:

- Duplication of applications – pupils have applied for a place  to a number of schools in the area

- School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area

- Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils

- External draw – pupils coming from outside the local area

Where these issues exist, Department officials from the Planning and Building Unit engage with all relevant parties to resolve them.

This process is currently ongoing at the moment with the school Principals with a view to ensuring that every pupil will have a school place for September 2020.

School Enrolments

Questions (307)

Aindrias Moynihan

Question:

307. Deputy Aindrias Moynihan asked the Minister for Education and Skills the extent of discussions he has had with the authorities of a school (details supplied) regarding the difficulties parents are experiencing obtaining school places for first years for September 2020; his plans to ensure local children will have a school place in September 2020; and if he will make a statement on the matter. [3602/20]

View answer

Written answers

I wish to advise the Deputy that as school authorities finalise their enrolments each year, issues have arisen where primary school pupils are experiencing difficulties in a number of areas in securing a post-primary school place for the start of the new school year (September 2020).

Where capacity is an issue the key points to be considered are:

- Duplication of applications – pupils have applied for a place  to a number of schools in the area

- School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area

- Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils

- External draw – pupils coming from outside the local area

Where these issues exist, Department officials from the Planning and Building Unit engage with all relevant parties to resolve them.

Officials from my Department met with all of the school Principals, in the area referred to, and the Department is satisfied that all pupils have now been offered a school place for September 2020.

Schools Building Projects Status

Questions (308)

Thomas Byrne

Question:

308. Deputy Thomas Byrne asked the Minister for Education and Skills the progress made on securing a new permanent building for a school (details supplied); and if he will make a statement on the matter. [3664/20]

View answer

Written answers

My Department recently met with representatives of the school referred to by the Deputy and clarified the current position relating to the school's accommodation.  

It is intended that the school in question will relocate to an existing building currently occupied on an interim basis by another school while awaiting the construction of a building project for that school.

In this regard, the building project for that school is currently at an advanced stage of architectural planning Stage 2(b) Detailed Design. The Design Team Consultant Architect for the project anticipates that a revised Stage 2(b) report incorporating a recently approved Brief Change Request will be submitted to the Department for review shortly.  In parallel, the Design Team are carrying out the pre-qualification process to select a shortlist of contractors. 

Schools Building Projects Status

Questions (309)

Thomas Byrne

Question:

309. Deputy Thomas Byrne asked the Minister for Education and Skills the progress made on securing a new permanent building for a school (details supplied); and if he will make a statement on the matter. [3665/20]

View answer

Written answers

The school building project for the school referred to be the Deputy has been assigned for delivery under my Department's Design and Build programme.  The brief for this project is a 16 classroom school with 2 classroom SEN.  The project is currently in architectural planning.  Site surveys have commenced in advance of preparing the Planning Application which will be the next key milestone in the progression of the project.  Once all statutory approvals have been secured, the project will proceed to tender and construction stages.

Special Educational Needs Service Provision

Questions (310)

Michael McGrath

Question:

310. Deputy Michael McGrath asked the Minister for Education and Skills if he will support the approval of additional autism spectrum disorder, ASD, unit classes at a school (details supplied) in County Cork; and if he will make a statement on the matter. [3666/20]

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Written answers

Since 2011, the number of special classes in mainstream schools has increased almost threefold, from 548 to 1,618 for the 2019/2020 school year; with 1,353 of these catering for children with autism.

167 new special classes have been established nationally for 2019/20 school year of which approximately 156 will be new autism special classes, comprising 6 Early Intervention, 100 primary, and 50 post-primary autism classes.

Provision in our 124 special schools has also increased from 6,848 placements in 2011 to 7,872 this year. 

In Cork alone there are 195 special classes and 13 special schools providing specialist support to children with more complex special educational needs. 

A list of special classes for September 2019 is available on the NCSE website at:

https://ncse.ie/wp-content/uploads/2019/05/NCSE-List-of-Special-Classes-for-September-2019.pdf  

Budget 2020 provided for an additional 265 special class teachers in 2020, which will allow for the opening of additional classes where required.

The NCSE has responsibility for coordinating and advising on the education provision for children nationwide; has well established structures in place for engaging with schools and parents; and seeks to ensure that schools in an area can, between them, cater for all children who have been identified as needing special class placements. 

It is open to any school to make an application to the NCSE for the establishment of a specialised provision and where sanctioned, a range of supports, including capital funding, is made available to the school. My Department works closely with the NCSE in this regard.

The NCSE is planning a further expansion of special class and school places nationally, including Cork, to meet identified need for next year. This process is ongoing.

Normally, special class and school places are established with the full cooperation of the schools in areas where they are required.  However there are some parts of the country where the NCSE has faced challenges in getting schools and their patrons to voluntarily agree to provide special class or school places. 

I know that this can cause much anguish for parents and families involved.

As Minister I have a power under Section 37A of the Education Act 1998 to direct a school to provide additional provision where all reasonable efforts have failed. 

Last year, the NCSE indicated that parents in Dublin 15, South Dublin, Kildare and Cork were experiencing difficulty securing school places for their children. 

The legislation has been used twice in Dublin to address shortages of special class and school places.

The legislation contains a procedure through which the NCSE can test the capacity of schools in an area to provide more special education places and through which ultimately a Ministerial direction can be made requiring a school to make additional special education places available. The Act prescribes a set of steps to follow which includes extensive consultation with schools and their patron bodies.

The initial step in the process is for the NCSE to inform the Minister that there is a shortage of places in a particular area. 

The NCSE will only activate the legislation after it has taken all reasonable efforts to get schools and their Patrons to voluntarily agree to provide additional special class or school places.

I would prefer to see schools volunteer to provide more places rather than places being secured on the back of an order or a direction from me. It is the right thing for the children in a community.

The NCSE's Local Special Education Needs Organisers (SENOs) are available to assist and advise both schools and the parents of children with special educational needs in relation to special class provision.

As the Deputy's query relates to an individual School's application to the NCSE to open special classes,  it has been referred to the NCSE for direct reply. 

Question No. 311 answered with Question No. 304.

School Textbooks Rental Scheme

Questions (312)

Michael McGrath

Question:

312. Deputy Michael McGrath asked the Minister for Education and Skills if grant support or other financial support is available to secondary schools to help them establish a book rental scheme; and if he will make a statement on the matter. [3773/20]

View answer

Written answers

My Department provides a book grant to all recognised primary and post primary schools within the Free Education Scheme in order to provide assistance for books including Book Rental Schemes. Under this scheme, the Department provided funding of €16.9 million in 2019 to all of these schools.

  School book rental schemes have an important role to play in reducing the cost of school books for parents.  The most recent figures available indicate that 68% of post-primary schools operate a book rental scheme 

  It is a matter for the Board of Management of each individual school to decide on its own policy in relation to the use of book grant funding in the school but they are expected to adopt a cost-conscious approach to the selection of books for use in their classes. The current arrangement relies on the local knowledge of the school in order to ensure a fair allocation of funds to those most in need. 

 The arrangements in relation to the book grant scheme are set out in Circular 0046/2013 which is published on the Department's website at http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0046_2013.pdf

Gaelscoil Issues

Questions (313)

Dara Calleary

Question:

313. Deputy Dara Calleary asked the Minister for Education and Skills the current and capital allocation to An Comhairle um Oideachas Gaeltachta agus Gaelscolaíochta in 2020. [3857/20]

View answer

Written answers

The current expenditure allocation to An Comhairle um Oideachas Gaeltachta agus Gaelscolaíochta in 2020 is €2.663 million. As in previous years there is no capital expenditure allocation provided for in 2020.

Third Level Data

Questions (314)

Neasa Hourigan

Question:

314. Deputy Neasa Hourigan asked the Minister for Education and Skills the five year projections for the income and expenditure of UCD; the value projections included regarding increased student accommodation rental income; if there is a projection for increased rental income; the percentage breakdown of the reasons for the increase, for example, more rooms, more beds in rooms, higher rents and so on; and if increased rental income will go directly to the university or to an agent subsidiary company. [3877/20]

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Written answers

Under the Universities Act 1997, it is the function of the governing authority to manage and control the affairs of the institution, including matters relating to the financial projections of the institution.  

My Department allocates the recurrent funding to the Higher Education Authority (HEA) for direct disbursement to the HEA designated higher education institutions including Universities such as University College Dublin (UCD). As autonomous bodies, the internal disbursement of this funding is a matter for the individual institution and questions related to those matters may best be addressed by them.

Visa Applications

Questions (315)

Seán Fleming

Question:

315. Deputy Sean Fleming asked the Minister for Justice and Equality the timescale for applications by persons from outside the EU seeking approval for work visas in cases in which they have already received their work permit; the average timescale for applications concluded in 2019 to date in 2020; if there has been a decrease in the processing time for same in recent months; and if he will make a statement on the matter. [2602/20]

View answer

Written answers

Decisions regarding the grant or refusal of employment visas are made in a number of Immigration Service Delivery Visa Offices overseas; in the Immigration Service Delivery Visa Office in Dublin; and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department.

The processing times for employment visa decisions are published on the Visa pages of each Visa Office and Embassy website. However, it should be noted that target times for the processing of visas are established as a business target and do not constitute a legal obligation. These business targets reflect the detailed and often complex assessment that is required to be carried out in relation to applications.

As of 3 March 2020, the Visa Office in Dublin is processing employment visa applications it received before 19 February 2020. This compares with a processing date of 27 February 2019 at a similar time last year.

More generally, the processing time for visas in each location will vary based on a number of factors such as the number of applications, seasonal pressures, the complexity of the applications, whether further information or investigation is required, and the resources available. While every effort is made to process such applications as quickly as possible, processing times inevitably vary during the year and from one location to another.

The central concern, as with all visa services worldwide, in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.

Direct Provision Data

Questions (316, 416)

Robert Troy

Question:

316. Deputy Robert Troy asked the Minister for Justice and Equality if there are plans to locate a direct provision centre in Columb Barracks, Mullingar, County Westmeath. [2695/20]

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Peter Burke

Question:

416. Deputy Peter Burke asked the Minister for Justice and Equality his plans to locate a direct provision centre at a location (details supplied). [3555/20]

View answer

Written answers

I propose to take Questions Nos. 316 and 416 together.

I can confirm that my Department does not have any plans to utilise the location mentioned by the Deputies for accommodation for international protection applicants.

Citizenship Applications

Questions (317)

Michael Healy-Rae

Question:

317. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application for citizenship by a person (details supplied); and if he will make a statement on the matter. [2802/20]

View answer

Written answers

I can inform the Deputy an application for a certificate of naturalisation was received from the person concerned on 24 January 2018. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Disability Services Provision

Questions (318)

James Browne

Question:

318. Deputy James Browne asked the Minister for Justice and Equality his plans to promote the roll-out of additional changing places facilities in urban areas (details supplied); and if he will make a statement on the matter. [2818/20]

View answer

Written answers

Part M of the Building Regulations do not at present require the installation of changing place facilities. Notwithstanding this, some local authorities have installed changing place facilities. An example of a public body going beyond the minimum requirements in Part M is the motion passed by Dublin City Council to install changing place facilities in all new build and green field developments. I would certainly encourage all local authorities to be as far-sighted as this to enable the dignity, and indeed safety, of the person with the disability to be maintained at all times.

The objective of Changing Places Ireland to introduce fully accessible toilets in public places such as shopping centres, libraries and sporting arenas across the country is important and requires careful consideration.  As the Deputy is aware, the Government did not oppose the Community Participation Bill 2019, a Private Members' Bill. This Bill’s objective is to facilitate the inclusion and full participation of people with disabilities and their family and friends in their communities by enabling greater access to public spaces.  As with all legislation, the Bill lapsed on the dissolution of the Dáil, but it is hoped that there will be some advancement in this important area when the next Government is formed.

Carer's Leave Administration

Questions (319)

Matt Carthy

Question:

319. Deputy Matt Carthy asked the Minister for Justice and Equality if a parent of a Down syndrome child that has availed of 104 weeks carer's leave can have the entitlement of their spouse to carer's leave transferred to them in view of the fact their spouse is unable to avail of leave from their employment due to the nature of their job; and if he will make a statement on the matter. [2914/20]

View answer

Written answers

Section 6 of the Carers Leave Act 2001 provides that employees with at least one year's continuous service are entitled to take up to 104 weeks of carers leave. Currently, there is no provision to transfer the entitlement to carer’s leave.  

While there are no plans to amend the Carer's Leave Act, the Government is very cognisant of the needs of families and in the last number of years it has introduced a range of legislative reforms that are aimed at enabling parents to spend more time with their children. For example, from 1 September 2016, under the Paternity Leave and Benefit Act, fathers are entitled to two weeks of paternity leave and benefit. From 1 October 2017, the duration of maternity leave and benefit has been extended in cases where a baby is born prematurely. From 1 November 2019, under the Parent’s Leave and Benefit Act, new parents are entitled to two weeks each of parent’s leave and benefit, to be taken within the first year of a child’s life.  On 1 September 2019, under the Parental Leave (Amendment) Act, unpaid parental leave was increased from 18 weeks to 26 weeks.

Leave to Remain

Questions (320)

Niamh Smyth

Question:

320. Deputy Niamh Smyth asked the Minister for Justice and Equality when a decision will be made on permission to stay here in the case of persons (details supplied); when the deportation order will be lifted; and if he will make a statement on the matter. [3006/20]

View answer

Written answers

The persons referred to by the Deputy are the subjects of Deportation Orders. These Orders require the persons concerned to remove themselves from the State and remain outside the State. The enforcement of Deportation Orders is a matter for the Garda National Immigration Bureau (GNIB).

Representations have been received on behalf of the persons concerned requesting that the Deportation Orders be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). These requests will be considered as soon as possible. A decision will then be made to either affirm or revoke the existing Deportation Order in respect of each of the persons concerned. Once a decision has been made, it will be notified to the persons concerned in writing. In the meantime, the Deportation Orders remain valid and in place. 

Requests for the revocation of Deportation Orders are non-suspensive and even where the persons concerned submits such a request, they are still required to present to the Garda National Immigration Bureau on the specified date.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (321)

Michael Healy-Rae

Question:

321. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a citizenship application by a person (details supplied); and if he will make a statement on the matter. [3196/20]

View answer

Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 23 January 2020.

This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. If any further documentation is required, it will be requested from the person in due course. 

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Employment Rights

Questions (322)

Seán Haughey

Question:

322. Deputy Seán Haughey asked the Minister for Justice and Equality if he will consider introducing legislation to facilitate mothers breastfeeding in the workplace, including adequate breaks for breastfeeding; and if he will make a statement on the matter. [3339/20]

View answer

Written answers

As the Deputy may be aware, under Section 9 of the Maternity Protection (Amendment) Act 2004, mothers in employment who have given birth within the previous 6 months (26 weeks) and who are breastfeeding are entitled to take one hour paid time off work each day in order to breastfeed. At the choice of the employer, a breastfeeding mother may breastfeed in the workplace or express breast milk, where facilities are provided in the workplace by the employer or, where facilities are not made available, have their working hours reduced (without loss of pay) to facilitate breastfeeding.

Employers are not obliged to provide facilities in the workplace to facilitate breastfeeding if the provision of such facilities would give rise to considerable costs. Breastfeeding breaks can be taken as a one hour break, two 30 minute breaks or three 20 minute breaks. Breaks may be longer and more frequent if agreed between the new mother and her employer. Mothers working part-time are also entitled to breastfeeding breaks, calculated on a pro-rata basis.

A commitment in “FIRST 5: A Whole-of-Government Strategy for Babies, Young Children and their Families” provides for a review of the relevant provisions of the Maternity Protection (Amendment) Act 2004 on the issue of extending the current entitlement to paid time off work for breastfeeding mothers from 26 to 104 weeks after the baby’s birth. This reflects a similar commitment in the National Strategy on Women and Girls 2017-2020. Work is underway in my Department on legislative proposals in this regard.

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