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Thursday, 26 Nov 2020

Written Answers Nos. 246-265

Rental Sector

Questions (246)

Fergus O'Dowd

Question:

246. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the number of improvement notices, prohibition notices and prosecutions arising from inspections of private rented accommodation carried out by local authorities in 2019 and to date in 2020; and if he will make a statement on the matter. [39380/20]

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Written answers

The Housing (Standards for Rented Houses) Regulations 2019 specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and the safety of gas, oil and electrical supplies. With very limited exemptions, these apply to all private rented residential accommodation.

All landlords have a legal obligation to ensure that their rented properties, regardless of tenancy type, comply with these regulations. Responsibility for the enforcement of the Regulations rests with the relevant local authority.

If an inspection identifies that a property has been found to be non-compliant with the Regulations, it is a matter for the Local Authority to determine the necessary and appropriate actions to take, including the issuing of an Improvement Letter, Improvement Notice and Prohibition Notice, and the initiation of legal action.

Data in respect of the number of Letters and Notices issued and the legal actions initiated by local authorities in 2019 and to the end of June 2020 is set out in the table below. Q3 data is being collated.

Year

Improvement Letters Issued

Improvement Notices Issued

Prohibition Notices Issued

Legal Action Initiated

2019

17,415

1,911

95

56

2020

5,573

777

19

1

Pandemic restrictions have impacted on both inspections and enforcement activity in 2020.

Rental Sector

Questions (247)

Fergus O'Dowd

Question:

247. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the number of dwellings that were deemed to be overcrowded under the Housing Act 1966 or other legislation by local authorities in 2019 and to date in 2020; if action was taken in relation to the properties; and if he will make a statement on the matter. [39382/20]

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Written answers

My Department does not collect specific statistical information on the estimated number of overcrowded households, as sought by the Deputy.

Housing statistics that are collected by my Department can be accessed on my Department's website at the following link:

http://www.housing.gov.ie/housing/statistics/housing-statistics.

However, the annual statutory Summary of Social Housing Assessments (SSHA) does collate information on the number of households qualified for social housing support in each local authority area. Table 2.5 and Table A1.5 of the summary ‘Main Need for social housing support’ reports on the number of households that are qualified for and in need of social housing support due to their current accommodation being overcrowded. The most recent SSHA for which data has been published was conducted on 24 June 2019 and the results are available on my Department’s website at the link below:

https://www.housing.gov.ie/sites/default/files/publications/files/sha_summary_2019_dec_2019_web_1.pdf

It should be noted that due to the Covid 19 pandemic, the 2020 assessment was delayed and has only recently been conducted. The summary of the 2020 assessment will be published in due course.

Environmental Impact Assessments

Questions (248)

Cathal Crowe

Question:

248. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if his Department will consider carrying out an examination of the adequacy and accuracy of environmental impact assessments being undertaken on behalf of wind farm developments in sensitive areas. [39415/20]

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Written answers

In planning matters, the requirements for carrying out an Environmental Impact Assessment (EIA) are set out at Part X of the Planning and Development Act 2000, as amended.

Under section 172 of the Planning and Development Act 2000, an applicant for consent to carry out proposed development requiring EIA must submit an Environmental Impact Assessment Report (EIAR) to the planning authority, or the Board as the case may be. Article 94 and Schedule 6 to the Planning and Development Regulations 2001 (as amended) set out the information to be contained in an EIAR. Section 172(1B) of the Act requires that an EIAR furnished to the planning authority or An Bord Pleanála (the Board) must be prepared by experts with the competence to ensure its completeness and quality. Article 94 further specifies that the EIAR must list the experts who contributed to the preparation of the report and identify his or her competence and experience, including relevant qualifications. Under section 172(1H) of the 2000 Act, the relevant planning authority or the Board, as the case may be, must ensure that it has, or has access to, sufficient expertise to examine the EIAR to ensure its completeness and quality.

In this context, it is a matter for the relevant planning authority or the Board carrying out the EIA to satisfy itself as to the adequacy and accuracy of the EIAR prepared by or on behalf of the developer. Where it is not satisfied with the quality of the EIAR, the competent authority may seek further information from the developer as it considers necessary to enable it to carry out the EIA and where such information is not provided, the application is deemed withdrawn. Furthermore, the planning authority or the Board in carrying out the EIA must consider, in addition to the EIAR itself, any submissions or observations made in relation to the environmental effects of the proposed development.

In addition to the above, under section 30 of the Act, as Minister, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

Electoral Process

Questions (249)

Martin Browne

Question:

249. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his views on the electoral register as it is compiled at the moment; his views on the archaic manner in which access to the register is devised; his views on the public consultation process that took place in 2019 on modernising same; his plans to modernise the register as outlined in the programme for Government; the progress made in this regard; and if he will make a statement on the matter. [39423/20]

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Written answers

The electoral register and the process that underpins it has served this country well but we all recognise that it can be improved and modernised to bring about a more straightforward and streamlined process of registration that makes it easier for people to register to vote and update their details.

The Programme for Government - Our Shared Future commits to a series of reforms including the introduction of rolling (continuously updated) registration; the simplification of forms and the registration process, including an online option; a single national electoral register database; and the use of PPSNs. Other policies being progressed include pre-registration for young people; provision for anonymous registration in certain specific circumstances and the abolition of the edited register.

The public consultation which ran from 17 December 2018 to 15 March 2019 showed significant support for modernisation of the registration process and the specific proposals above. A report on the outcome can be found on my Department's website at - https://www.housing.gov.ie/public-consultation-proposals-modernise-electoral-registration-process.

The implementation of these and related proposals is progressing and in this regard my Department is currently preparing the General Scheme of a Bill, which will be brought to Government shortly.

Planning Issues

Questions (250)

Eoin Ó Broin

Question:

250. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when he plans to publish the report of his Department into alleged planning irregularities in County Donegal; and the action he plans to take on foot of its findings. [39452/20]

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Written answers

I will be examining the report, entitled 'A Review Into Certain Planning Matters in Respect of Donegal County Council', by Mr. Rory Mulcahy S.C., and will bring this matter to Government for consideration in due course.

In this regard, the decisions of the Commissioner for Environmental Information (CEI/18/0019) of 13 February 2019 and the Information Commissioner (OIC-59426-Q8D7T8) of 27 February 2020 in relation to requests to publish this report will also be taken into account. Both decisions are publicly available on those bodies' websites.

Social and Affordable Housing

Questions (251)

Jennifer Murnane O'Connor

Question:

251. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage the position regarding the single income threshold for social housing in 2021; his plans to amend the current single income thresholds for social housing in advance of 2021; and if he will make a statement on the matter. [39507/20]

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Written answers

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.

Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.

A table setting out the details of the three bands and the limits currently applicable in each local authority area is available on my Department's website at the following link: https://www.housing.gov.ie/housing/social-housing/other/social-housing-support-table-income-limits

The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%. The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs, plus a comparative analysis of the local rental cost of housing accommodation across the country. It is important to note that the limits introduced at that time also reflected a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn, both promoting sustainable communities and also providing a degree of future-proofing.

Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.

However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will also have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.

Proposed Legislation

Questions (252, 253)

John Brady

Question:

252. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the timeframe for the publication of the heads of the emergency management and fire and public safety Bill 2020; and if he will make a statement on the matter. [39519/20]

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John Brady

Question:

253. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the stakeholder engagement planned for the drafting of the emergency management and fire and public safety Bill; and if he will make a statement on the matter. [39521/20]

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Written answers

I propose to take Questions Nos. 252 and 253 together.

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 each individual fire authority. This work of Local Authority Fire Services, has, to a large degree, been supported by the Fire Services Act 1981 and 2003 for nearly 40 years. While this legislation has served the country well it is an appropriate time now to ensure that it fully and accurately reflects the expanded and more dynamic role that our Fire Services have taken on in recent years.

It is my intention to bring forward legislation - the Fire, Emergency Management and Public Safety Bill- whose primary purpose will be to update the Fire Services Acts, 1981 and 2003 with particular reference to changes needed arising out of the Grenfell tragedy in the UK. Furthermore, the Bill will place relevant elements of emergency management practice at national and local level on a statutory footing and revise the legislative approach to certain aspects of public safety in Ireland with an initial focus on safety at funfairs.

A General Scheme of the Bill is at an advanced stage of preparation within my Department. I anticipate bringing a Memorandum to Government on this issue, in the near future, followed by publication of the Bill.

The General Scheme has been informed by extensive consultation with the relevant sectors likely to be impacted by its provisions. All parts of the Bill have been discussed on a number of occasions at the Board of the National Directorate for Fire and Emergency Management (NDFEM). The Board is made up of a representative number of Chief Executive Offices from Local authorities, the Chief Fire Officers Association (CFOA) as well as other Government Departments. The Board has endorsed the general approach taken in the Bill.

Local authorities are the sector most likely to be affected by all Parts of the Bill. For that reason special attention was paid to seeking their opinions as to the shape of this legislation should take. The views of all Chief Executive Officers, Chief Fire Offices and the relevant Directors of Service were sought via a formal written process.

Specifically in relation to Part 2 of the Bill (Fire Safety) the CFOA also contributed to the consultative process via a focus group of Chief and Assistant Chief Fire Officers.

With respect to Part 3 of the Bill (Emergency Management) many of the provisions are based on the findings of the Review Report on the severe weather events “Delivering Integrated Emergency Management” brought to Government in December 2019. During the development of this Report significant engagement with key stakeholder groupings took place and informed the final recommendations in that Report.

In the case of Part 4 (Public Safety) of the Bill a large number of the provisions relate to safety at funfairs. These provisions are being enacted following a comprehensive review of safety carried out by my Department. This Review included a significant degree of consultation with the key stakeholders in the sector.

The Bill being advanced has been shaped and informed already by extensive engagement with relevant stakeholders. However, as with any legislative process my Department remains open to receiving and considering all views on the subject matters covered by the Bill.

Foreign Birth Registration

Questions (254)

Joe Carey

Question:

254. Deputy Joe Carey asked the Minister for Foreign Affairs the status of an application by a person (details supplied); and if he will make a statement on the matter. [39278/20]

View answer

Written answers

The Passport Service has paused the processing of Foreign Births Registration applications as Ireland is at Level 5 of the National Framework for Living with COVID-19.

Applications that have been sent to the FBR team are being held securely and will be processed, in date order of receipt, when normal services resume at Level 3. Foreign Births Registration, by its nature, can be a detailed and complex process, often involving official documentation related to three generations and issued by several jurisdictions. The expected processing time for FBR applications is between 12 and 18 months.

With regard to the specific application the Deputy has enquired about, I can confirm that the application was received on the 29 July 2020 and will be processed in due course.

Election Monitoring Missions

Questions (255, 256)

Thomas Pringle

Question:

255. Deputy Thomas Pringle asked the Minister for Foreign Affairs if he will report on the right of appeal on grounds of disability in election observation competitions; if he will report on the provision for disability and equality monitoring his Department undertakes for these public competitions; the way in which information on disability is sought in the application form for the competition; the way in which his Department has responded to requests for disability accommodation from observers in the past; and if he will make a statement on the matter. [39330/20]

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Thomas Pringle

Question:

256. Deputy Thomas Pringle asked the Minister for Foreign Affairs the number of persons with disabilities as observers on the roster of election observation competitions; if he will confirm the commitment to support the inclusion of persons with disabilities as observers on the roster; and if he will make a statement on the matter. [39331/20]

View answer

Written answers

I propose to take Questions Nos. 255 and 256 together.

I refer the Deputy to the response to Parliamentary Question No. 113 of 11 November, as well as in the Information Note on the Overseas Election Observation Roster prepared for the Joint Committee on Foreign Affairs and Trade (JCFATD), where these issues have been comprehensively addressed and which is attached to this response, and, further, in the Composite Note published on the election observation pages of the Irish Aid website, also attached to this response.

The issue of reasonable accommodation for disabilities as it pertains to the application process for and operation of the Election Observer Roster has also been addressed in the responses to Parliamentary Questions No. 60 of 23 January 2019, No. 153 of 5 February 2019, No. 65 of 6 February 2019, No. 58 of 7 February 2019, No. 124 of 12 February 2019, No. 129 of 19 February 2019, Nos. 100 and 105 of 26 February 2019, Nos. 117 and 119 of 5 March 2019, Nos. 74, 76 and 81 of 6 March 2019, No. 68 of 12 March 2019, No. 157 of 26 March 2019, Nos. 117 and 119 of 16 April 2019, No. 73 of 29 May 2019, No. 119 of 25 June 2019, No. 109 of 10 July 2019, and No. 186 of 13 October 2020.

The Department of Foreign Affairs holds no record of the number of persons with disabilities on the Election Observer Roster.

1. https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2019-07-10_pq108-10-7-19_en.pdf

2. https://www.irishaid.ie/media/irishaid/getinvolved/electionroster/Composite-Response.pdf

Passport Applications

Questions (257)

Jackie Cahill

Question:

257. Deputy Jackie Cahill asked the Minister for Foreign Affairs if he will examine the two-year wait before applying for a passport with a new name; if it is possible to change the name on a passport ahead of this time by using a ministerial observation on the passport; and if he will make a statement on the matter. [39385/20]

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Written answers

All passport applications are subject to the terms of the Passports Act, 2008, as amended (“the Act“). The Act provides a legal basis for the various policies and procedures that are applied by the Passport Service in the issue of passports.

Section 10 of the Act provides that a passport will issue in the name of a citizen as it appears on his/her birth certificate or naturalisation certificate. However, a name change for a passport from that which appears on a person’s birth certificate is permitted under the Act in situations such as marriage, civil partnership etc. where civil, or legal documents are available to verify this change

In cases where name change arises, other than by marriage or civil partnership etc, the Act requires evidence of the use of this new name over a two year period. In very sensitive cases there is discretion under the Act for accepting evidence of usage for less than two years.

Furthermore, if a person requests issuance of a passport with a name change consisting of the use of the Irish version of his/her name, the Passport Service may adopt some flexibility in this policy and may facilitate the request if the applicant provides proof of a minimum period of six months usage of the Irish version of their name. In such cases, the Passport Service will include an observation on the passport recording the person’s birth certificate or previous name. This observation must remain on the passport until the condition of two years proof of usage can be satisfied. After the required two years and if the person wishes to do so, he/she may reapply (full fee will be required), submitting the required two years proof, and a new passport may issue without the observation.

These rules seek to protect the integrity and security of the Irish passports against passport and identity fraud while allowing for genuine cases where name changes have occurred. The Irish passport has a strong international reputation due to the strength of security features within the book and the robust processes involved in its issuance.

Middle East Peace Process

Questions (258)

Joe O'Brien

Question:

258. Deputy Joe O'Brien asked the Minister for Foreign Affairs his views on the illegal evictions from Sheikh Jarrah in the West Bank; and if he will make a statement on the matter. [39389/20]

View answer

Written answers

Ireland and the EU stand by the internationally agreed parameters for a negotiated peace agreement and continue to urge the Israeli Government to uphold its international legal obligations, including under the Fourth Geneva Convention, on the treatment of civilian populations. Jerusalem is one of the permanent status issues to be settled in a final peace agreement.

Ireland provides humanitarian assistance and support to specific development projects to improve the situation of Palestinians. Ireland funds a number of civil society partners that are active on human rights issues which impact specifically on Palestinians in East Jerusalem, including in relation to the evictions which the Deputy has raised, but also related issues such as revocation of residency and the Absentee Property Law.

I have consistently focused on the issues surrounding settlements, including evictions and seizures of property, as a major driver of the continuing conflict and an obstacle to peace. I issued a statement on 6 November in which I reaffirmed that destruction of private property is clearly prohibited under international humanitarian law.

I am aware of the situation which the Deputy has raised, in Sheikh Jarrah, a neighbourhood in East Jerusalem, and the long-standing threat of eviction that its Palestinian residents continue to face, which has worsened in recent weeks. On 25 November, Ireland’s Representative Office in Ramallah visited the site of the demolitions, along with other diplomatic representatives. I understand that a temporary injunction has been granted against the threatened eviction. Irish officials will continue to monitor this case closely.

Foreign Birth Registration

Questions (259)

Pearse Doherty

Question:

259. Deputy Pearse Doherty asked the Minister for Foreign Affairs when a foreign birth registration certificate will be processed for a person (details supplied); and if he will make a statement on the matter. [39412/20]

View answer

Written answers

The Passport Service has paused the processing of Foreign Births Registration applications as Ireland is at Level 5 of the National Framework for Living with COVID-19.

Applications that have been sent to the FBR team are being held securely and will be processed, in date order of receipt, when normal services resume at Level 3. Foreign Births Registration, by its nature, can be a detailed and complex process, often involving official documentation related to three generations and issued by several jurisdictions. The expected processing time for FBR applications is between 12 and 18 months.

With regard to the specific application the Deputy has enquired about, I can confirm that the application was received on the 23 January 2020 and it will be processed in due course.

Human Rights

Questions (260)

Marian Harkin

Question:

260. Deputy Marian Harkin asked the Minister for Foreign Affairs if he will request the Iranian authorities to show good will by letting young Baha’is have full access to higher level education and training (details supplied); and if he will make a statement on the matter. [39426/20]

View answer

Written answers

The human rights situation in Iran is very worrying, and has long formed an important part of Ireland's engagement and dialogue with Iran.

The inability of members of the Bahá’í faith to access higher education is deeply concerning. It is unacceptable to discriminate against individuals on the basis of their religion.

Ireland has consistently raised the discriminatory treatment of the Bahá’ís in multilateral fora. At the current session of the UN General Assembly’s Third Committee, Ireland co-sponsored a Resolution on the situation of human rights Iran. The Resolution calls upon Iran "to eliminate, in law and in practice, all forms of discrimination on the basis of thought, conscience, religion or belief, including the denial of and restrictions on access to education, including for members of the Baha’í faith."

During the Universal Periodic Review of Iran's human rights record in November 2019, Ireland called on Iran to take all necessary steps to protect the rights of the Bahá’í.

Ireland has also raised concerns about discrimination against religious minorities on a bilateral basis with Iran, as well as a Member of the EU.

Ireland, along with the EU, will continue to encourage progress in relation to religious minorities in Iran, and to make clear our concerns to the Iranian authorities.

Consular Services

Questions (261)

Brendan Griffin

Question:

261. Deputy Brendan Griffin asked the Minister for Foreign Affairs the efforts being made to assist a person (details supplied) in China; and if he will make a statement on the matter. [39447/20]

View answer

Written answers

I can confirm to the Deputy that my Department has been providing ongoing consular assistance to this citizen through our Consular Assistance Unit in Dublin, our Embassy in Beijing and our Consulate General in Shanghai.

Our Consul General has been meeting and engaging regularly with the citizen since we were first informed of this complex case last year, and continues to provide all possible consular support and advice.

Our focus has been on supporting the citizen’s well-being and welfare, while he and his legal team seek to resolve the outstanding legal matters with the local authorities.

I can further advise that the case has been raised regularly at senior political and diplomatic level with the relevant authorities in China, and with the Embassy of China to Ireland. These engagements have highlighted the humanitarian aspects of the case, and the importance of the citizen being allowed to leave China and return home as soon as possible.

The Deputy will appreciate that it would not be appropriate to discuss the details of any individual consular case, nor to comment on matters pertaining to a legal process in another jurisdiction. However I can assure the Deputy that my Department will continue to provide all possible consular assistance to the citizen until he is permitted to return to Ireland.

Special Educational Needs

Questions (262)

Jennifer Whitmore

Question:

262. Deputy Jennifer Whitmore asked the Minister for Education the requirements for new schools to provide special education units; if a similar requirement applies to existing schools seeking to extend their current buildings; and if she will make a statement on the matter. [39282/20]

View answer

Written answers

In the case of all new schools, it is general practice to include a Special Education Needs Base (SEN Base) in the accommodation brief for new school buildings, unless local circumstances indicate that it will not be required. Typically, a two classroom SEN Base is provided in new primary schools and a two or four classroom SEN Base is provided in new post primary schools.

The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE). This includes the establishment of special class and special school placements in various geographical areas where there is an identified need.

In deciding where to establish a special class in an area, the NCSE take account of the current and projected demand and the available school accommodation both current and planned. The Council ensures that schools in an area can, between them, cater for all children who have been identified as needing special class placements.

When the NCSE sanction a special class in a school, the school can apply to my Department for capital funding to re-configure existing spaces within the school building to accommodate the class and/or to construct additional accommodation. Similarly, where special schools wish to expand provision, the school can apply to my Department for capital funding to accommodate additional placements.

Details of all special classes for children with special educational needs are available on www.ncse.ie.

Special Educational Needs

Questions (263)

Jennifer Whitmore

Question:

263. Deputy Jennifer Whitmore asked the Minister for Education the options available to students with additional needs in the event that the sole school to which they are eligible to apply and that provides a special education unit is oversubscribed and the child is not suited to full-time mainstream education; and if she will make a statement on the matter. [39283/20]

View answer

Written answers

Enabling children with special educational needs to receive an education appropriate to their needs is a priority for this Government. Next year, over 20% of the total Education budget or €2bn will be invested in supporting children with special educational needs.

This investment will support the provision of over 1,200 additional special class places.

Notwithstanding the extent of this investment, there are some parts of the country where increases in population and other issues have led to concerns regarding a shortage of school places.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children nationwide. Through better planning at both national and local level, it is my objective that specialist education places should come on stream to meet emerging demand on a timely basis.

The NCSE is actively working with schools to establish special classes. It is open to any school to make an application to the NCSE to open a special class. The active collaboration of school communities is vital to the effective inclusion of students with special educational needs.

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. Parents may contact SENOs directly using the contact details available at: https://ncse.ie/regional-services-contact-list

In circumstances, where no placement is available for a child with special educational needs, the Department can provide Home Tuition grant funding towards the provision of 20 hours home tuition per week as an interim measure until the NCSE confirms that a placement is available.

Home Tuition will not however be available where a school placement has been identified by the NCSE. Similarly, failure to enrol a child in school will not give rise to eligibility under this scheme.

School Staff

Questions (264)

Sorca Clarke

Question:

264. Deputy Sorca Clarke asked the Minister for Education if her attention has been drawn to the decision by an organisation to deny health and safety leave to a person (details supplied); and if she will make a statement on the matter. [39307/20]

View answer

Written answers

My Department has an enhanced Occupational Health Service (OHS) in place to provide employers with occupational health advice in relation to employees’ fitness for work. Medmark, the current OHS provider has a process in place for school staff with health concerns about their risk of serious illness from contracting COVID-19, through workplace attendance.

A detailed on-line questionnaire is submitted by the employee to Medmark, along with detailed medical evidence to provide clarity with respect to the medical complaint(s) in question. All of this information is reviewed by the OHS specialist occupational health physician, including the combined and cumulative risk that can arise when an employee suffers from more than one health condition. The risk categorisation is comprehensive and follows the same process that is being applied across other sectors. An employee is categorised into one of three COVID-19 risk categories. These are general population risk, higher risk, and very high risk. The outcome of the risk categorisation is governed by the HSE guidance.

Under the current HSE guidelines, a pregnant employee is not deemed to be at very high risk of serious illness from contracting COVID-19, unless suffering from a serious heart condition. A teacher who is well must therefore attend the workplace. The school has a responsibility as the employer to assess the school environment using the COVID-19 Response Plan for the school, to ensure that all the appropriate HSE recommendations for safe school operations during Covid-19 are being implemented in full.

If this, or any other relevant medical matter, is reviewed and updated by the HSE, Medmark will be informed as the occupational health service provider, by the HSE, and will adjust their decision making processes accordingly.

Where an employee considers the OHS ‘COVID-19 Health Risk Categorisation Report’ places him/her in an incorrect risk category, a review can be requested by the employee where Medmark will re-evaluate the medical evidence provided. The employee may provide additional medical evidence as part of the review process.

Schools Building Projects

Questions (265)

Paul Kehoe

Question:

265. Deputy Paul Kehoe asked the Minister for Education the progress of a building project (details supplied); and if she will make a statement on the matter. [39311/20]

View answer

Written answers

The school to which Deputy refers is at an advanced stage of the tender process and a preferred bidder has been identified.

Subject to no issues arising during the balance of the tender process, it is anticipated that work will commence on site in Quarter 1 of 2021, with a construction period of approximately 6 months.

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