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Tuesday, 9 Jun 2020

Written Answers Nos. 81-100

Financial Services and Pensions Ombudsman

Questions (81)

Johnny Guirke

Question:

81. Deputy Johnny Guirke asked the Minister for Finance if the office of the Financial Services and Pensions Ombudsman has experienced a significant increase in complaints received during the Covid-19 pandemic period; the approximate year on year increase or decrease respectively; the financial sectors experiencing the largest number of complaints; and if he will make a statement on the matter. [10337/20]

View answer

Written answers

I am advised that from the 1 January to end May 2020, the Financial Services and Pensions Ombudsman (FSPO) received 2,103 complaints. The number of complaints for the same period in 2019 was 2,405.

In March of this year, the FSPO began to receive small numbers of complaints which included COVID-19 as an element of the complaint. At the end of May 2020, the FSPO had received 100 complaints that have been identified as relating to COVID-19. 70% of the complaints identified as relating to COVID-19 concern insurance, with 23% relating to banking and 7% relating to other sectors.

As with all complaints, the complaint must first be made to the financial service provider to allow the financial service provider to deal with the complaint in the first instance. If a complaint is not resolved by the financial services provider, a complaint can then be made to the FSPO.

Carbon Tax Yield

Questions (82)

Mary Butler

Question:

82. Deputy Mary Butler asked the Minister for Finance the amount of revenue generated from carbon tax on liquid fuels, mineral oil tax and VAT on liquid fuel products in each of the years 2016 to 2019 and to date in 2020; and if he will make a statement on the matter. [10340/20]

View answer

Written answers

I am advised by Revenue that information on mineral oil tax receipts (MOT) and carbon tax on liquid fuels for the years 2016 to 2018 are published on the Revenue website at link:

www.revenue.ie/en/corporate/documents/statistics/excise/net-receipts-by-commodity.pdf.

The provisional receipts from MOT and carbon tax for 2019 and the period January to May 2020 are shown in the following table.

MOT 2019€m

Carbon 2019€m

MOT 2020(to May)€m

Carbon 2020 (to May)€m

Petrol

537.6

47.6

180.7

18.9

Aviation Gasoline

0.5

0.05

0.1

0.02

Auto -diesel

1,550.0

192.8

552.6

82.5

Marked Gas Oil

45.3

54.4

21.7

22.9

Kerosene

0.0

53.8

0.0

35.3

Fuel Oil

0.7

1.2

0.3

0.4

LPG (Other)

0.0

10.2

0.0

5.0

Auto LPG

0.2

0.05

0.6

0.02

Regarding the VAT generated from liquid fuels, I am advised by Revenue that information is not available to provide this information, as traders are not required to separately identify the yield generated from an individual activity or product type on their VAT returns. However, using a combination of Revenue and third-party data, an estimate of the VAT yield across each of the different commodity types is provided below for the period January to April 2020 for the Deputy’s information.

Estimated VAT yield €m

2016€m

2017€m

2018€m

2019€m

2020 (to April) €m

Petrol

318.8

317.8

293.5

277.0

65.5

Auto -diesel

177.2

229.6

269.8

297.3

64.0

Kerosene

64.2

75.0

93.5

85.7

47.3

Marked Gas Oil

44.5

50.4

59.7

58.5

20.5

Auto LPG

0.6

0.5

0.4

0.4

0.1

LPG (Other)

0.1

0.1

0.1

0.1

0.0

Total

605.3

673.5

717.0

719.0

197.4

Tax Yield

Questions (83)

Mary Butler

Question:

83. Deputy Mary Butler asked the Minister for Finance the number of instances and the value of tax involved in which divisions of the Revenue Commissioners (details supplied) issued reassessments of the amount of tax due between 2015 and 2019 and to date in 2020; and if he will make a statement on the matter. [10341/20]

View answer

Written answers

I am advised by Revenue that its Large Cases Division was realigned to Large Corporates Division (LCD) and Large Cases – High Wealth Individuals Division (LC-HWID) in May 2018. On 1 November 2018, the Medium Enterprises Division (MED) was established. Details of the number of instances and the value of tax involved in amended assessments made by these Divisions to reflect additional tax due are set out for each of the Divisions concerned in the following tables.

Large Corporates Division

Year

Number of amended assessments

Amount of original assessments

Additional tax liabilities identified

Amount of amended assessments

2020 (to date)

108

€341,820,130

€9,846,227

€351,666,357

2019

255

€1,266,379,923

€85,138,705

€1,351,518,628

2018

819

€4,965,379,584

€2,331,699,093

€7,297,078,677

2017

615

€2,485,061,456

€255,273,190

€2,740,334,646

2016

413

€1,847,457,863

€61,706,280

€1,909,164,143

2015

319

€1,449,727,845

€230,806,803

€1,680,534,648

Total

2,529

€12,355,826,801

€2,974,470,298

€15,330,297,099

Large Cases – High Wealth Individuals Division

Year

Number of amended assessments

Amount of original assessments

Additional tax liabilities identified

Amount of amended assessments

2020 (to date)

23

€7,046,764

€542,146

€7,588,910

2019

51

€6,076,083

€5,827,506

€11,903,589

2018

100

€26,529,798

€15,748,108

€42,277,906

2017

53

€11,195,318

€6,234,588

€17,429,906

2016

55

€2,825,358

€11,992,874

€14,818,232

2015

20

€1,748,834

€4,947,213

€6,696,047

Total

302

€55,422,155

€45,292,435

€100,714,590

Medium Enterprises Division

Year

Number of amended assessments

Amount of original assessments

Additional tax liabilities identified

Amount of amended assessments

2020 (to date)

702

€311,373,884

€20,763,459

€332,137,343

2019

1,539

€991,838,190

€55,575,492

€1,047,413,682

2018

249

€248,531,089

€11,949,687

€260,480,776

Total

2,490

€1,551,743,163

€88,288,638

€1,640,031,801

The taxes reported in the above tables are Corporation Tax, Income Tax, Domicile Levy, Capital Gains Tax, Capital Acquisitions Tax, Relevant Contracts Tax, Value Added Tax and PAYE, PRSI and USC.

Tax Code

Questions (84)

Michael McGrath

Question:

84. Deputy Michael McGrath asked the Minister for Finance the position in relation to the carry back for tax purposes of losses incurred by businesses; his plans to make changes in this area to support the cashflow of businesses; and if he will make a statement on the matter. [10375/20]

View answer

Written answers

Loss relief for corporation tax is a long standing feature of the Irish corporate tax system and is a standard feature of corporation tax systems in all OECD countries. I am advised by Revenue that, under existing legislation, a company can make a claim to carry back trading losses incurred in an accounting period against profits of its immediately preceding accounting period. The trading losses may be used to offset trading profits in the preceding accounting period on a euro for euro basis and, where the losses relate to a trade the profits from which would be chargeable at the 12.5% tax rate, they may be used to offset non-trading profits chargeable at the 25% tax rate in a manner that ensures the loss has a maximum tax value of 12.5%. An individual carrying on a trade can, where the trade is discontinued, carry back trading losses incurred in the final year of trading against the person’s trading profits in the three years preceding the final year.

As the Deputy will be aware, and as outlined in my written responses of 20 May 2020 (6682/20) and 27 May 2020 (8008/20), Revenue has worked with my Department to introduce a series of measures and supports to help businesses deal with the impacts of the COVID-19 pandemic, including the suspension of debt collection and interest charges in relation to certain VAT and PAYE (employer) liabilities. The tax debt warehousing scheme, which is being administered by Revenue, is also a substantial cashflow support for businesses impacted by the COVID-19 pandemic. Consideration of all options to support the cashflow of businesses remains ongoing and the Deputy’s input in this regard is welcome.

Mortgage Schemes

Questions (85)

Pearse Doherty

Question:

85. Deputy Pearse Doherty asked the Minister for Finance if he has considered legislation, as has been implemented in other EU jurisdictions, that would prohibit the accrual of debt for the period of moratorium for those availing of a mortgage moratorium or payment break; the way in which it would interact with European Banking Authority guidelines; and if he will make a statement on the matter. [10395/20]

View answer

Written answers

As the Deputy will be aware, regulated entities in Ireland initially introduced a three-month payment moratorium on mortgages, and personal and business loans for customers affected by COVID-19 in March 2020. Since then regulated entities have also announced that they will make available a further three-month extension to the payment moratoria to customers that continue to be directly impacted by the fallout from the Covid-19 pandemic.

The European Banking Authority (EBA) issued ‘Guidelines on legislative and non-legislative moratoria on loan repayments applied in the light of the COVID-19 crisis’ on the 2nd of April 2020 which set out the requirements for public and private moratoria which if fulfilled, will help avoid the classification of exposures as forborne or defaulted under distressed restructuring.

I am informed by the Central Bank of Ireland it is possible that moratoria can be set up in such a way as to allow for suspending, postponing or reducing the payments of principal amounts, interest or of full instalments, for a predefined limited period of time. However, the guidelines do not allow for other terms and conditions of the loans, such as the interest rate, to be altered.

The payment moratoria announced by Industry is compatible with the European Banking Authority Guidelines and was developed and implemented quickly in response to COVID-19. The agreement of a voluntary moratorium by industry ensures that affected customers could benefit immediately without the need for legislation, which may have delayed the provision of relief and exacerbated the issues faced by customers.

I understand that the Central Bank of Ireland continues to engage with the Banking and Payments Federation Ireland (BPFI) and with firms themselves to ensure the effective implementation of these payment breaks. Credit unions are also supporting requests from their members, on a case-by-case basis.

Covid-19 Pandemic

Questions (86)

Pearse Doherty

Question:

86. Deputy Pearse Doherty asked the Minister for Finance the engagement he has had with the insurance industry in relation to business interruption caused by Covid-19 and in the event of further outbreaks of Covid-19 in 2020 and 2021; the impact the UK High Court test case on business interruption by the UK Financial Conduct Authority will have on businesses here but with insurance policies provided or underwritten by UK companies; and if he will make a statement on the matter. [10396/20]

View answer

Written answers

I am aware that there have been many concerns expressed about how the insurance industry is responding to the needs of its business policyholders in these difficult times, particularly in terms of honouring business interruption claims. I have considerable sympathy for such policyholders, however the Deputy should note that I have no legal authority to compel an insurer to pay a claim as this forms part of a contract between the insurer and the policyholder. However, as a general rule, I believe that insurers should not attempt to reject claims on the basis of interpreting policies to their own advantage. Insurers should engage with those businesses honestly, fairly and professionally to honour those elements of the policies covered, in line with the Central Bank’s Consumer Protection Code. The Deputy should note however that neither I, as Minister for Finance, nor the Central Bank have any role in adjudicating on such matters. If there continues to be a disagreement between an insurer and a policyholder, then the appropriate channels for resolving them must be followed i.e. use of the Financial Services and Pensions Ombudsman (FSPO) or litigation. In this regard, I understand that there are a number of cases that have been referred to the FSPO or where litigation has been initiated.

The above said however, my officials and I have been engaging with the sector in an effort to get some much needed certainty for business policyholders. On business interruption claims, I wrote to Insurance Ireland on 27 March and indicated amongst other things that

(i) insurers should not attempt to reject claims on the basis of interpreting policies to their own advantage; and,(ii) that where a claim can be made because a business has closed as a result of a Government direction due to contagious or infectious disease, that the recent Government advice to close a business in the context of COVID-19 should be treated as a direction.

Insurance Ireland, on behalf of its membership, responded on 3 April and stated that it accepted both of my points. It did however indicate that each insurance policy is different and there may well be other factors which lead to the adjudication of whether a business interruption claim is valid or not, other than Government advice to close. Following on from this correspondence, I held a teleconference with Insurance Ireland, on 17 April, where I reiterated that some insurers, by adopting a “blanket” rejection of all business interruption claims, were doing the industry significant reputational damage and were not treating customers fairly.

My view in relation to business interruption and insurance should there be any further outbreaks of COVID-19 later this year or next year remains as it is for the current outbreak, that is, if a policy has an infectious diseases clause which does not exclude COVID-19, then as a general rule I believe they should honour it.

In relation to the actions of the UK’s Financial Conduct Authority (FCA), I understand that the FCA is taking a test case to the UK High Court on the issue of business interruption insurance to achieve clarity for all parties concerned. In an update on their website on 1 June, the FCA stated that they have reviewed over 500 relevant policies from 40 insurers. They have identified a sample of 17 policy wordings that capture the majority of the key issues that could be in dispute. They will take these policy wordings to court, with insurers given a chance to file defences. I understand that a full court hearing is scheduled for the second half of July. Given that the FCA test case is still ongoing, it is still too early to say what the impact of any decision of the UK High Court would have on the Irish operations of UK-based insurers in terms of business interruption insurance claims. As I have stated already, it is not my role to adjudicate on such matters as Minister for Finance, and additionally it would be inappropriate for me to provide commentary on an ongoing court action, including one in another jurisdiction. That said, I would hope that UK insurers operating here would apply any favourable findings from a policyholder perspective, to their Irish policyholders, where applicable. My Department will be monitoring the test case and consulting with the Central Bank of Ireland on any potential implications it may have for Irish customers of these UK firms.

Finally, I believe it is important that other business interruption issues, such as the need for forbearance for businesses, are addressed also by UK-based insurers in the Irish market. My understanding is that they are aware of the forbearance arrangement I announced with Insurance Ireland in April, however a number of them have made the decision not to apply it for their own particular reasons. It should be noted again that I have no influence over these companies in relation to their day-to-day commercial decisions, however I think their response to their Irish customers is unsatisfactory and I have asked my officials to contact a number of the companies to ask if they could reconsider their decision. My Department will keep me updated on any developments in this area.

Tax Yield

Questions (87)

Bernard Durkan

Question:

87. Deputy Bernard J. Durkan asked the Minister for Finance the amount of revenue generated from the land zoning windfall tax when previously in operation; and if he will make a statement on the matter. [10442/20]

View answer

Written answers

I assume the Deputy is referring to the 80% Windfall Tax which applied to certain disposals of land from 30 October 2009 to 31 December 2014.

As the Deputy is probably aware, the National Asset Management Agency Act 2009 amended the Taxes Consolidation Act 1997 by providing for an 80% windfall tax on profits or gains arising from disposals of development land, to the extent that those gains were attributable to a relevant planning decision. Profits or gains from these activities that were not attributable to a relevant planning decision were taxed in the normal way. Section 31 of Finance Act 2014 repealed the 80% tax rate on these profits or gains with effect from 1 January 2015.

I am advised by Revenue that, based on information returned on Income Tax returns and Corporation Tax returns for the years 2010 to 2014, there is no record of any such profits or gains having been returned. However, it should be noted that the windfall gains provisions were introduced primarily to discourage overheating of the property market by way of speculative transactions involving rezoned land rather than as a revenue raising measure.

Tax Exemptions

Questions (88)

Mattie McGrath

Question:

88. Deputy Mattie McGrath asked the Minister for Finance if he will consider a once-off measure that each PRSA holder will be allowed to take a once-off withdrawal of €7,500 from their PRSA irrespective of other drawings they may or may not have made in the past (details supplied) in an effort to kickstart the economy following the Covid-19 pandemic; and if he will make a statement on the matter. [10448/20]

View answer

Written answers

In relation to the Deputy’s proposal to allow people access a portion of their pension fund before retirement, the long established policy of providing tax relief for pension contributions is to encourage saving by employers, employees and the self-employed towards their retirement income. A repayment of contributions is only permitted in highly limited circumstances, for example due to ill-health, and as such, this would be subject to income tax.

The policy rationale underpinning this is the State provides generous tax relief on both pension contributions and fund growth to ensure that people have sufficient savings to fund their regular costs and expenses during their retirement. However, on actual drawdown a pension is subject to tax at the individual’s marginal tax rate. In the event of any early encashment of a pension fund the tax relief received must be clawed back. It should also be noted that any refund of pension contributions is governed by the terms of the specific scheme or product.

As is the case with all matters of policy, while they are kept under review on a continuous basis, I do not have any plan at this time to revise these pension arrangements.

It is important to point out that a very significant and comprehensive package of measures has already been put in place to assist those who have suffered a loss of income arising from the COVID-19 crisis. This includes the Temporary Wage Subsidy Scheme (TWSS), the Pandemic Unemployment Payment and bank-related forbearance measures.

Public Sector Pensions

Questions (89)

Noel Grealish

Question:

89. Deputy Noel Grealish asked the Minister for Public Expenditure and Reform the number of public service pensioners and the average pension before tax deductions, excluding those receiving spouse’s and children’s pensions; the proportion of current public service pensioners under 65 years of age; and if he will make a statement on the matter. [9889/20]

View answer

Written answers

The authorities responsible for the administration of the large number of pension schemes operating in the various sectors of the Irish public service are, in general, the relevant employers and Ministers in those sectors.

It would be a matter for those sectoral authorities, including relevant Ministers, to supply such information as may be available in respect of the wider public service.

I and my Department are responsible for the civil service pension schemes which are paid through Vote 12: Superannuation and Retired allowances and therefore I can only reply on this basis.

The statistics presented in the following table are taken as at end of May 2020 and were provided by the National Shared Services Office who process the Civil Service pension payroll.

Number of Pensioners

Average Annual Pension

22,572

€20,694

The current proportion of Civil Service pensioners that are under 65 years of age is 30%.

It is important to note here that all of these statistics are quoted at a point in time and as such will vary including the average annual pension which is dependent on a number of factors such as grade distribution and length of service of the specific cohort of retirees.

Departmental Reviews

Questions (90)

Catherine Murphy

Question:

90. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the date on which he will report on his review of the allowances of members of the Houses of the Oireachtas. [9772/20]

View answer

Written answers

As the Deputy observes, this matter is currently under review. An exact date for finalisation of the review is not available at present but I expect it to be completed shortly. When that review is completed, I will be in a position to inform Deputies of the outcome.

Garda Stations

Questions (91)

Cathal Crowe

Question:

91. Deputy Cathal Crowe asked the Minister for Public Expenditure and Reform his plans to sell the obsolete Garda station building in Broadford, County Clare; and if he will make a statement on the matter. [9946/20]

View answer

Written answers

I am advised by the Commissioners of Public Works that all surplus properties, including the former Garda station at Broadford, are treated in line with the disposal policy of the Office of Public Works (OPW).

The OPW policy with regard to non-operational (vacant) State property, is to:

1. Identify if the property is required/suitable for alternative State use by either Government Departments or the wider public sector.

2. If there is no other State use identified for a property, the OPW will then consider disposing of the property on the open market if and when conditions prevail, in order to generate revenue for the Exchequer.

3. If no State requirement is identified, or if a decision is taken not to dispose of a particular property, the OPW may consider community involvement (subject to a detailed written submission, which would indicate that the community/voluntary group has the means to insure, maintain and manage the property and that there are no ongoing costs for the Exchequer).

Therefore, if no alternative State use is found for the property at Broadford Co Clare, the OPW will likely dispose of it by way of public auction.

Office of Government Procurement

Questions (92)

Catherine Murphy

Question:

92. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the number of approved suppliers listed regarding the supplier list that the Office of Government Procurement maintains for the cycle to work scheme; the number of suppliers struck off the approved suppliers list since 2009 for non-compliance issues; and if he will make a statement on the matter. [9974/20]

View answer

Written answers

The Office of Government Procurement (OGP) is responsible for receiving applications for inclusion on the civil and public service Cycle-to-Work Scheme supplier listing. Applications are received from individual supplier outlets. There are currently 606 supplier outlets included on the listing. The OGP has no role in monitoring compliance with the scheme. No supplier outlets have been removed from the listing for non-compliance issues.

Fire Stations

Questions (93)

Aindrias Moynihan

Question:

93. Deputy Aindrias Moynihan asked the Minister for Public Expenditure and Reform the status of a site (details supplied); and if he will make a statement on the matter. [10022/20]

View answer

Written answers

The provision of fire services in local authority areas, including the establishment and maintenance of fire brigades, the assessment of fire cover needs and the provision of premises, is a statutory function of the individual fire authorities under the provisions of the Fire Services Acts, 1981 and 2003. My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority projects.

In February 2016, my Department announced a five-year Fire Services Capital Programme with an allocation of €40 million, based on an annual €8 million allocation, to be used for the purchase of fire appliances and specialist equipment, building or upgrading of prioritised fire stations, an upgrade of the communications and mobilisation system, and improvements to training centres.

Macroom Fire Station is included in the programme of fire stations for construction within the five-year allocation announced in February 2016. Draft designs for the new station have been received and reviewed by my Department, and approval issued to Cork County Council on 19 February 2020 to proceed to seek tenders for the project.

On 26 May 2020 the Council submitted a tender proposal to my Department for approval prior to contract. This proposal is under review and a response will issue to the Council as soon as possible.

Flood Relief Schemes

Questions (94)

James Browne

Question:

94. Deputy James Browne asked the Minister for Public Expenditure and Reform the position regarding the formal confirmation process of the Enniscorthy flood defence scheme; the person or body that manages the confirmation process; the stage the confirmation process is at; if a third party has been appointed to carry out the formal review of the environmental impact assessment report; and if he will make a statement on the matter. [10057/20]

View answer

Written answers

The Enniscorthy (River Slaney) flood defence scheme is being progressed by Wexford County Council on behalf of the Commissioners of Public Works as a scheme under the Arterial Drainage Acts 1945 and 1995. This is a significant scheme within the Office of Public Works €1 billion flood relief investment programme, and on completion will protect 236 properties in the town.

The Scheme requires formal confirmation to proceed from the Minister for Public Expenditure and Reform (MPER). This is a statutory requirement under the Arterial Drainage Acts , which now, under the recent European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019, also requires the MPER to carry out an Environmental Impact Assessment (EIA) of the proposed Scheme. This will involve, inter alia, a formal review by MPER of the Environmental Impact Assessment Report (EIAR) prepared by the Commissioners and recently submitted (along with a Natura Impact Statement) to the MPER as part of the formal confirmation process.

In order to assist the MPER in making an informed decision to consent to the scheme, the EIA will require appropriate assessment, as required under the 2019 regulations, public consultation for a period of 30 days and a detailed technical review of the scheme by environmental consultants appointed by the MPER.

I am advised that the current position on the confirmation process is that a request for tender of services for environmental consultants is currently being progressed by the Department of Public Expenditure and Reform (DPER). The public consultation phase is also due to be commenced by DPER shortly. DPER will progress the formal confirmation process in the quickest possible timescale.

Public Sector Staff

Questions (95)

Joe Flaherty

Question:

95. Deputy Joe Flaherty asked the Minister for Public Expenditure and Reform if an extensive campaign aimed will be undertaken at encouraging civil servants to switch to roles at locations closer to their homes (details supplied) [10140/20]

View answer

Written answers

COVID-19 has resulted in a large proportion of civil and public servants working from home. Officials in my Department are currently preparing guidelines for both employers and employees which will aid them in this new way of working. The officials will also be looking at the longer term remote working project as part of Future Jobs Ireland, which will include working from home and from hubs which the Deputy is referring to.

As the Deputy points out the Civil Service Mobility scheme which comes under the remit of my department offers an opportunity for staff members to apply for mobility through an open and transparent system. The scheme is being implemented on a phased basis with Phase 1 for the general Civil Service grades of Clerical Officer (CO) and Executive Officer (EO) launching in 2017/18 for mobility between and within 46 location zones. Staff can apply for mobility within their current zone/organisation as well as other zones/organisations. To date over 500 staff members have moved to their chosen location/organisation and c.5,000 staff (24% of participating grades) have applied for a move.

Plans are on track to extend the scheme to include the grades of Higher Executive Officer, Administrative Officer and Assistant Principal. When this process is complete, mobility will be in place for all general Civil Service grades from Clerical Officer up to Assistant Secretary.

Further information on the Mobility scheme is available to view at http://hr.per.gov.ie/civil-service-mobility/.

Covid-19 Pandemic

Questions (96)

Dara Calleary

Question:

96. Deputy Dara Calleary asked the Minister for Education and Skills the supports available for families of third-level students that received no refunds for accommodation from private accommodation providers for rental expenses incurred even though classes did not proceed and students were asked to stay at home during the Covid-19 emergency; if legislation is being reviewed in relation to rent refunds as a consequence of the negative experiences of many families during the Covid-19 emergency; and if guidance will be issued in relation to the 2020/2021 academic term and accommodation requirements. [9676/20]

View answer

Written answers

My Department is working with representatives from the higher education sector to address the challenges faced by students in this difficult time. I understand based on the information available to me that students in university-owned accommodation will receive pro-rata refunds if they have vacated their accommodation. I have indicated that I would wish to see this principle applied in the case of students who were residing in privately owned student accommodation however it is not within my remit to direct any accommodation provider to offer a refund.

Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached in regard to a refund.

If this is not possible, under the Residential Tenancies (Amendment) Act 2019 students have access to the Dispute Resolution Services of the Residential Tenancies Board (RTB).

The national co-ordination group for tertiary education is meeting on a regular basis to consider key issues impacting the tertiary sector, including arrangements for re-opening institutions. These arrangements will be dependent on public health advice, and will be communicated to learners as soon as possible. Higher Education Institutions are autonomous, and therefore the exact arrangements for re-opening are a matter for each institution to decide.

Rental agreements between students and accommodation providers are a private matter, and neither I nor my Department have any remit to issue instructions in relation to the private rental market.

SOLAS Training and Education Programmes

Questions (97, 115, 128, 138, 156, 176, 196)

Colm Burke

Question:

97. Deputy Colm Burke asked the Minister for Education and Skills the measures undertaken to alleviate the situation facing workers whose safe pass accreditation expired prior to 1 March 2020 and that cannot now renew due to Covid-19 restrictions; and if he will make a statement on the matter. [9878/20]

View answer

James Browne

Question:

115. Deputy James Browne asked the Minister for Education and Skills if he will examine the need to resume safe pass courses during the Covid-19 pandemic using remote learning or socially distanced circumstances; and if he will make a statement on the matter. [9728/20]

View answer

Brian Stanley

Question:

128. Deputy Brian Stanley asked the Minister for Education and Skills the steps taken to restart safe pass courses and certification for the course issued in view of the fact a number of persons are awaiting to start employment. [9850/20]

View answer

Gerald Nash

Question:

138. Deputy Ged Nash asked the Minister for Education and Skills when the suspension of the safe pass programme will be lifted; when he and SOLAS plan to roll out online training programs; and if he will make a statement on the matter. [9953/20]

View answer

Aindrias Moynihan

Question:

156. Deputy Aindrias Moynihan asked the Minister for Education and Skills the status of safe pass qualifications issued from other countries (details supplied); if they can be accepted or exchanged for an Irish safe pass whilst Covid-19 restrictions prevent courses resuming in order to allow holders of such passes to commence employment; and if he will make a statement on the matter. [10094/20]

View answer

Christopher O'Sullivan

Question:

176. Deputy Christopher O'Sullivan asked the Minister for Education and Skills if he has considered resuming safe pass courses in view of the fact they can be conducted with social distancing in place; the reason they have not been restarted in view of the reopening of the construction sector; and if he has considered extending to the start of the year, a reprieve on expired safe passes in order that workers that missed the 1 March 2020 cut-off can get back to work; and if he will make a statement on the matter. [10249/20]

View answer

Gary Gannon

Question:

196. Deputy Gary Gannon asked the Minister for Education and Skills when safe pass courses will be permitted to commence again in view of the fact that construction workers have returned to work and new entrants to the sector have not had a safe pass certificate before; and if he will make a statement on the matter. [10349/20]

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Written answers

I propose to take Questions Nos. 97, 115, 128, 138, 156, 176 and 196 together.

Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, construction workers in Ireland are legally bound to hold a valid Safe Pass Registration Card to work on site. The only course currently recognised as an equivalent to the SOLAS Safe Pass course is the Construction Skills Register (CSR Northern Ireland) one day health and safety course.

SOLAS has examined the potential for online delivery as a means of continuing national construction health and safety courses while adhering to public health measures. No immediate solution has been identified that is equitable with the existing Safe Pass course delivery model, in being accessible to all eligible workers, providing real time course participants supports (literacy and numeracy) and interpreter services, as well as ensuring assessment integrity.

On 5th June, the Government sanctioned the inclusion of Safe Pass, Construction Skills Certification Scheme (CSCS) and Quarrying Skills Certification Scheme (QSCS) course delivery in Phase 2 of the Government’s Roadmap for reopening society and business, on condition that public health guidelines are adhered to by approved training organisations.

This means that the onsite delivery of these courses can recommence with effect from 8th June 2020 in line with the Department of Business, Enterprise and Innovation’s Return to Work Safely Protocols, relevant HSE advice and as set out in the SOLAS’ Standard Operational Procedures (SOP). Anyone wishing to book a Safe Pass training course should contact their local Safe Pass training provider. A list of approved Safe Pass providers is available on the SOLAS website at Safe Pass Accredited Tutors register.

Covid-19 Pandemic

Questions (98)

Joan Collins

Question:

98. Deputy Joan Collins asked the Minister for Education and Skills if the matter of mandatorily including workers on task forces set up to reopen sectors of industry, for example, English language schools will be clarified. [10011/20]

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Written answers

I am aware of the challenges that are being encountered in the English language education sector and the substantial impact that the Covid-19 outbreak has had on students, teachers and providers in this sector.

My Department recognises the important role that teachers play in this sector and the support they have provided and continue to provide for students at this time. Since the outbreak of Covid-19, officials from my Department have had engagement with teacher representatives where they have outlined their concerns.

The English language education working group for this sector has been established with a remit to address the issues arising from the Covid-19 pandemic with a priority and focus placed in the first instance on issues affecting students as well as other issues arising e.g. how stakeholders can work together to promote the sector as international markets move into recovery. The working group is comprised of key sectoral stakeholders including officials from my Department, Quality and Qualifications Ireland (QQI), the Department of Employment Affairs and Social Protection, the Department of Justice and Equality, the Department of Foreign Affairs and Trade, Enterprise Ireland, as well as lead sectoral representative bodies of providers and learner advocates.

The coordination of the response of the wider education system to the Covid-19 outbreak is a substantial challenge. In this context, the Department has found the current structure of the working group to be effective in delivering on its remit. The Department does not intend to mandate the inclusion of representatives of staff or teachers in this forum. While the Department remains open to views, there are no current plans to expand membership of this working group. To date, the group has facilitated an appropriate level of engagement with stakeholders alongside the ability to identify and help resolve issues as they arise. The Department and the members of the working group will continue to engage with external parties, to seek to exchange information where relevant and address queries where possible.

In respect of the safe re-opening of English language education providers, the timeline and arrangements for this will be guided by public health advice applicable at a given time. On May 1st, the Taoiseach announced the roadmap for the gradual lifting of the current Covid-19 restrictions. This roadmap sets out a number of phases with the re-opening of the wider education system contained in the later phases to coincide broadly with the beginning of the new academic year.

My Department will engage with provider representatives within the English language education sector as they develop more detailed plans for the re-opening of their premises on this basis. It is to be expected that ensuring the health and safety of staff and students will be central to the provider's plans and that necessary consultations will be undertaken as part of their development. It is anticipated that the "Return to Work Safely Protocol" recently published jointly by the Department of Health and the Department of Enterprise, Business & Innovation, and designed to support measures being put in place that will prevent the spread of COVID-19 in the workplace will be used to inform these plans. This protocol envisions close engagement between workers and their employers during the development and implementation of these new workplace measures. The experience of the re-opening of educational facilities in other areas and jurisdictions will also be relevant.

School Transport

Questions (99)

Charlie McConalogue

Question:

99. Deputy Charlie McConalogue asked the Minister for Education and Skills the status of private school bus operators (details supplied); and if he will make a statement on the matter. [10100/20]

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Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education and Skills.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

In the current school year over 120,000 children, including over 14,200 children with special educational needs, are transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres at a cost of over €219m in 2019.

Following the initial announcement that schools would be closed from the 13th to the 29th March to support efforts to contain the spread of Covid-19, and in light of the exceptional circumstances, it was agreed that school transport contractors operating on the School Transport Scheme would be paid at the normal rate for the period up to 29th March 2020. It was further decided that a payment of 50% would be afforded for the week commencing Monday 30th March until Friday 3rd April 2020. Thereafter, the normal arrangements applied for the period of scheduled school closures associated with the Easter Holidays (6th April – 17th April inclusive). It was subsequently agreed that contractors should be paid for a further 5 days at 50% to cover the period Monday 20th April to Friday 24th.

In light of the most recent announcement that schools will remain closed until the end of current school year it has been decided that contractors will continue to be paid at 50% while schools are closed in the current school year.

My Department is not in a position to provide funding for private bus contractors not contracted to operate on the Department’s School Transport Scheme.

Education Policy

Questions (100)

Jennifer Whitmore

Question:

100. Deputy Jennifer Whitmore asked the Minister for Education and Skills if his Department is providing supports for children progressing from sixth class to first year; if he will consider a national graduation day for those students; and if he will make a statement on the matter. [10373/20]

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Written answers

My Department is taking a number of actions to minimise the impact on schools due to the Covid 19 pandemic.

A range of guidance was published to assist schools and teachers while out of school. This guidance issued to schools to support the continuity of teaching and learning, to support those with special educational needs, to support those at risk of educational disadvantage and to support the wellbeing of students. This guidance was developed in consultation with all relevant stakeholders and there is ongoing consultation with the management bodies and unions from both sectors on all matters relating to Covid 19, which will continue for the foreseeable future.

Schools adopted various ways to engage with their students in accordance with the technology and broadband resources available in school and at home, including by post, e-mails, communication apps, the school website, use of other digital communicative platforms, including live meetings. Schools were asked to be conscious of pupils who may not have access to online facilities and to adapt approaches so that these pupils continued to have the opportunity to participate in learning.

The aim of these distant learning approaches, the guidance which issued to all schools and the regular engagement with students, was to ensure that students stayed connected with and progressed their learning. These actions will, therefore, have helped to minimise the impact of school closure and assist pupils/students in the making of transitions.

In the context of planning for a return to school which is underway, my Department is, inter alia, considering the curriculum, i.e. what needs to be put in place to support ongoing progression for learners and addressing any shortfall that may result from school closures.

In relation to learners currently in sixth class, it is important that pupils/students move on with their peers and continue to the next stage of their education. The guidance that issued to primary schools on 28th May includes information on managing transitions including the move from primary to post-primary school. It sets out how existing resources such as the Education Passport, NEPs Continuum of Support and the Home School Liaison Officers in DEIS schools can be utilised. Communication between the primary and post primary schools and with the parents and children is of utmost importance in order to ensure progression is as seamless as possible.

Transitions are being further considered by the Department as part of the return to school advice which will issue to primary and post-primary schools in the coming months. This includes guidance in relation to the wellbeing of our students and school management and staff in order to support successful re-engagement with teaching and learning and will include a focus on transitions.

Many schools hold graduation ceremonies for pupils leaving sixth class each year. While it will not be possible for schools to carry these out in the traditional format, some schools are marking the occasion remotely, by hosting virtual meetings for the pupils or prerecording videos that can be sent to them to celebrate their time in school. Certificates of achievement, photo stories, scrapbooks and other memorabilia can also form part of the celebration.

My Department is acutely aware of the challenges faced by students at this difficult time, and how the current circumstances will continue to present challenges into the future. The welfare of students is, and will continue to be, front and centre in all decision making. My department will continue to be guided by the most up to date information from the National Public Health Emergency Team.

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