Written Answers Nos. 360-379
360. Deputy Jackie Cahill asked the Minister for Education the status of the expression of interest regarding the development of an autism spectrum disorder, ASD, unit in a school (details supplied); and if she will make a statement on the matter. [42013/20]
View answerEnabling 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, including the area referenced by the Deputy, where increases in population and other issues have led to reported 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.
I understand that the NCSE is actively working with primary and post primary schools to establish special classes in the area in question. The active collaboration of school communities is vital to the effective inclusion of students with special educational needs and I appreciate the cooperation of schools in this regard.
This matter has been referred to the NCSE for appropriate action.
361. Deputy Bríd Smith asked the Minister for Education if clarification will be provided in relation to the issues raised recently in a school (details supplied) regarding the uniforms of pupils and advice given to female students; if she has commissioned an inquiry into same; if so, the person who will conduct same; when the report on the incident will be finished; if she will make same available to Deputies and others; and if she will make a statement on the matter. [42015/20]
View answerIn the case referred to by the Deputy, the Department of Education has made initial contact with the school and are engaging further to establish the facts in this case in order to provide a report for my attention.
It is important to note that decisions on school uniform polices are a matter for the school’s board of management at local level. Schools are advised to consult with parents and students when drafting a policy on uniforms.
Whereas my Department provides funding and policy direction for schools, my Department does not have legal powers to investigate individual complaints or instruct a school to follow a particular course of direction with regard to individual complaint cases, except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act. My Department's role is to clarify for parents and students how their grievances and complaints against schools can be progressed.
As I am sure the Deputy will appreciate, it is important that the school is given the space and time to deal with the issue. My Department will liaise with the Board of Management in the school to establish the facts and will provide me with the information at that stage.
362. Deputy Jackie Cahill asked the Minister for Education the number of autism spectrum disorder, ASD, classroom spaces available in County Tipperary; and if she will make a statement on the matter. [42024/20]
View answer363. Deputy Jackie Cahill asked the Minister for Education the number of ASD classroom spaces that will be available in County Tipperary for the 2021-2022 academic year; and if she will make a statement on the matter. [42025/20]
View answer364. Deputy Jackie Cahill asked the Minister for Education the number of ASD classroom spaces available in the catchment area associated with a preschool (details supplied). [42026/20]
View answer365. Deputy Jackie Cahill asked the Minister for Education the number of ASD classroom spaces that will be available in the catchment area associated with a preschool (details supplied) for the 2021-2022 academic year; and if she will make a statement on the matter. [42027/20]
View answerI propose to take Questions Nos. 362 to 365, inclusive, together.
My Department's policy is to provide for the inclusive education of autistic students in mainstream schools to the greatest extent possible.
Autism is a spectrum condition, so some autistic students require relatively little support in school and are largely independent in their learning, while others require significant levels of support.
There is therefore not one preferred educational approach for autistic students, rather there is a range of provision, sometimes described as a continuum, which takes into account the assessed educational needs of individual students.
All students with special educational needs are served by this continuum of provision ranging from full-time enrolment in classes in mainstream schools with or without additional supports, to a special class in a mainstream school to full-time enrolment in special schools.
This continuum is supported by significant investment by Government, €2bn or 20% of the total education spend. This funds the provision of additional teachers, special needs assistants and other supports required to enable children with special needs to access education.
The National Council for Special Education is responsible for planning and coordinating local education provision and school placements for children with special needs for the whole country.
NCSE has advised that there are currently 64 classes supporting autistic students operating in mainstream schools in Tipperary, 39 Primary Schools and 25 Post Primary schools.
Taking a range of demographic factors into consideration, it is anticipated that additional places may be required in Tippeary to cater for likely future demand in the county. The NCSE, through its network of local SENOs, will continue to engage with the local schools to establish additional classes as required.
A list of all special classes, including classes opened for September 2020, is available on the NCSE website at www.ncse.ie
366. Deputy Paul McAuliffe asked the Minister for Education the progress to date in the tender and construction of a school (details supplied); and if she will make a statement on the matter. [42028/20]
View answerI wish to advise the Deputy that my Department is aware of increasing pressures and demand for additional post-primary school places in a number of school planning areas including school planning area in which this school is situated.
Where capacity issues arise it may not be as a result of lack of accommodation but may be driven by the following factors:
- 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 there are not available to all pupils
- External draw – pupils coming from outside the local area
Until these issues are discussed with the relevant school authorities the true extent of any capacity issue will only become known.
Similar to the process adopted in advance of the current academic year, my Department is engaging with patron bodies, including those in this school planning area, to identify particular capacity requirements for the forthcoming year(s) which may necessitate action.
In relation to the permanent building project for this school, the current position is that the tender process to establish the new Design & Build Contractors Framework commenced on the 4th December 2019. The second stage of the tender process which involves the detailed tender for several schools has commenced and is expected to be concluded in quarter four 2020.
The building project for the school referred to by the Deputy is included in the first bundle of projects currently been tendered to this new Framework. This is the earliest that the project can be tendered.
It is my Departments intention that the construction of the new 1000 pupil school will be phased to provide permanent accommodation as early as possible in the 2021/22 school year with the second phase of the new school being completed before the start of the 2022/23 school year.
The School Authority are kept informed of developments.
367. Deputy Pauline Tully asked the Minister for Education if she will remove the pay inequality that exists for newly and recently qualified teachers who have been as responsible for keeping schools open during the pandemic as their previously qualified colleagues; if the principle will be reintroduced of equal pay for equal work; and if she will make a statement on the matter. [42031/20]
View answerThe public service agreements have allowed a programme of pay restoration for public servants to start. The starting salary for a new entrant teacher in 2012 was €30,702. As a result of the programme of pay restoration, the starting salary of a teacher is now €37,692.
Section 11 of the Public Service Pay and Pensions Act 2017 provides that “the Minister [for Public Expenditure and Reform] shall, within three months of the passing of this Act, prepare and lay before the Oireachtas a report on the cost of and a plan in dealing with pay equalisation for new entrants to the public service.”
The report laid before the Oireachtas on foot of this provision by the Minister for Public Expenditure and Reform assesses the cost of a further change which would provide a two scale point adjustment to new entrants recruited since 2011. The total cost of such an adjustment across the public sector is of the order of €200 million, of which Education accounts for approximately €83 million. The report also acknowledges that, during the financial crisis, there were policy changes which affected remuneration in different occupations across the public sector (including education).
The matter of new entrant pay is a cross sectoral issue, not just an issue for the education sector alone. The Government supports the gradual, negotiated repeal of the FEMPI legislation, having due regard to the priority to improve public services and in recognition of the essential role played by public servants.
The total year one cost of equalising the pay of new entrant teachers to the pre-2011 arrangements is estimated to be in the region of €59 million per annum in year one (€45 million for full resolution of pay scales and €14 million for re-instatement of the H.Dip allowance). The costs would rise in subsequent years as more new entrants join the system.
On 24 September 2018, an agreement was reached between the Government and the public services committee of ICTU in respect of new entrant pay.
This agreement is benefitting 18,000 teachers and nearly 5,000 SNAs within the education sector. The deal provides for a series of incremental jumps for new entrants.
I am fully aware that the teacher unions have outstanding issues of concern following the September 2018 agreement. These outstanding matters will be given full consideration. This will happen in the context of the next round of pay talks. The positions of each of the parties on these matters must be given due regard in endeavouring to reach a mutually agreed resolution.
The current series of restorative measures for new entrants have been achieved through continued engagement and collective bargaining between the Government and the public service unions and shows the benefits that such engagement can bring.
368. Deputy Gary Gannon asked the Minister for Education if her Department is preparing a high-level report regarding national school capacity in Trim, County Meath as has been confirmed to Meath County Council; if so, if this high-level report will also include secondary school capacity in Trim as a matter of urgency, with particular attention drawn to the position of boys who currently only have one secondary school within the town environ; her views on whether there is sufficient capacity at primary and secondary-school level in the Trim area; if plans have been made to address any such concerns; if so, the details of same; and if she will make a statement on the matter. [42133/20]
View answerIn order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas and uses a Geographical Information System, utilising data from a range of sources including information on planned and current residential development, to identify where the pressure for school places across the country will arise. Trim is situated in the Trim school planning area.
Major new residential developments in a school planning area have the potential to alter demand in that area. In that regard, as part of the demographic exercises, my Department engages with each local authority to obtain the up-to-date data on significant new residential development in each area. My Department then makes an assessment of the existing capacity within the particular area and its ability to meet increased demand.
Where data indicates that additional provision is required at primary or post primary level, the delivery of such additional provision is dependent on the particular circumstances of each case and may be provided through either one, or a combination of, the following:
- Utilising existing unused capacity within a school or schools,
- Extending the capacity of a school or schools,
- Provision of a new school or schools.
There are a number of capital projects being delivered in Trim which are increasing school place provision in the school planning area. Details of all large-scale projects being delivered under the school building programme may be viewed on my Department's website, www.education.ie and this information is updated regularly. (In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.)
The requirement for additional school places is kept under on-going review and work on an updated exercise to assess needs for the coming years, including those which may arise in the Trim school planning area, is at an advanced stage.
Furthermore, the Department is aware of increasing pressures and demand for additional post-primary school places in a number of school planning areas.
Where capacity issues arise it may not be as a result of lack of accommodation but may be driven by the following factors:
- 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 these are not available to all pupils
- External draw – pupils coming from outside the local area
Until these issues are discussed with the relevant school authorities the true extent of any capacity issue will not become known.
Similar to the process adopted in advance of the current academic year, my Department is engaging with patron bodies, including those in this school planning area, to identify particular capacity requirements for the forthcoming year(s) which may necessitate action.
369. Deputy Gary Gannon asked the Minister for Education the percentage or number of staff working with a disability within her Department and the agencies under her aegis in 2018, 2019 and 2020; and the actions being undertaken by her Department to actively recruit and retain persons with disabilities. [42140/20]
View answerPart V of the Disability Act 2005 requires that public bodies promote and support the employment of people with disabilities and ensure that 3% of staff employed by them are people with disabilities. The requirement applies to the Department of Education and certain of its aegis bodies.
In 2018, the reported percentage of employees with a disability under the definition of the Disability Act 2005, for the overall Department of Education and Skills was 3.72%. Of the aegis bodies reporting for 2018, an overall average compliance level of 4.1% was achieved.
In 2019, the reported percentage of employees with a disability under the definition of the Disability Act 2005 for the overall Department of Education and Skills was 3.81%. The overall average compliance level achieved for the aegis bodies reporting in 2019 was 4.15%.
Statistics for 2020 are in the process of being complied and will be forwarded directly to the Deputy when available.
The Comprehensive Employment Strategy for People with Disabilities for 2015 – 2024, commits the Government to progressively increasing the statutory target for the employment of people with disabilities from 3% to a minimum of 6% in the public sector by 2024.
While the assistance of the Public Appointments Service is sought for the majority of recruitments in my Department, my Department is committed to supporting staff members with disabilities by providing reasonable accommodation where required.
370. Deputy Richard Boyd Barrett asked the Minister for Education if it will be ensured that all the requirements of the Work Safely Protocol issued on 20 November 2020 are implemented with particular reference to the contents of section D3 (details supplied) in her Department; and if she will make a statement on the matter. [42599/20]
View answerMy Department has introduced and is implementing effective control measures on an ongoing basis to ensure that physical distancing can be observed at all times by staff in accordance with the Work Safely Protocol.
The facility to work remotely has been introduced and communications and meetings are now conducted through online platforms. Control measures have also been implemented, in accordance with the Protocol, for any essential physical meetings.
Where it is deemed essential to work from Department offices, staggered shift work patterns have been introduced to minimise the number of staff present at any one time. Adjustments have also been made to offices which reduces capacity and ensures that physical distancing can be maintained.
While the wearing of face masks is not mandatory in office locations, face masks have been provided to staff who are deemed essential, cannot work remotely and are required to be present on Department premises.
371. Deputy Louise O'Reilly asked the Minister for Social Protection her plans to designate sodium valproate syndrome as a severe disability to allow children impacted get access to domiciliary care allowance; and if she will make a statement on the matter. [41172/20]
View answerThe Department of Social Protection operates the Domiciliary Care Allowance (DCA), a monthly payment for a child, aged under 16 with a severe disability who requires ongoing (continual or continuous) care and attention, substantially over and above the care and attention usually required by a child of the same age. While the Department does not provide any specific supports to sub-groups of children based on diagnoses, children in the category referred to by the Deputy might qualify for DCA depending on the extent of their additional care needs.
Any parent/carer who feels that a child may qualify for DCA should submit an application which will be considered by a Departmental Medical Assessor before a formal decision is made by a Deciding Officer.
There is no list of diagnoses which automatically entitle or exclude an applicant from receiving the payment and each application is decided based on its own merits, taking account of the additional care needs of the child involved.
I hope this clarifies the matter for the Deputy.
372. Deputy Patricia Ryan asked the Minister for Social Protection the date by which arrears will be paid to a person (details supplied); and if she will make a statement on the matter. [41074/20]
View answerAccording to the records of my Department, Covid-19 Pandemic Unemployment Payment arrears due to the person concerned have been authorised and will be available in the person’s nominated bank account on Tuesday, December 8th.
I trust this clarifies the matter.
373. Deputy Patricia Ryan asked the Minister for Social Protection the number of persons awaiting payment of arrears from her Department for more than two, four, six and eight months, respectively; and if she will make a statement on the matter. [41075/20]
View answerIn a typical year, My Department processes in excess of 2.5 million customer service applications per annum and issues about 87 million payments each year to 2.2 million customers and their families.
Arrears in respect of a claim can arise either on the initial award of a claim or where there is a retrospective increase in the rate payable. In many cases, these arrears will be processed automatically as part of the decision process. Where manual intervention is required to calculate and process arrears, this normally takes place as quickly as possible.
Since the introduction of the Pandemic Unemployment Payment scheme in March, approximately 815,000 people have applied for payment and in some cases, they have done so on a number of occasions as they moved in and out of employment or where their employer availed of the Revenue Temporary Wage Subsidy Scheme. Consequently, there were over 1.4 million applications to be examined to determine if arrears are due. To date, almost 14 million individual payments have issued since the commencement of the scheme.
I am pleased to advise the Deputy that over €129 million in arrears in respect of the Pandemic Unemployment Payment was paid out to 286,000 people on Tuesday 1st December.
I hope that this clarifies the matter for the Deputy.
374. Deputy Willie O'Dea asked the Minister for Social Protection if arrears will be paid in the case of a person (details supplied); and if she will make a statement on the matter. [41116/20]
View answerThe person concerned has been in receipt of Jobseeker's Allowance from 11/06/2018 to date. For the period 11/06/2018 to 09/06/2020 there was a nil means assessment applied to the claim. A review of the claim was carried out in May 2020 and as a result of this review the means increased to €24 per week from self-employment. These means were applied from 10/06/2020.
On 28/10/2020 the person concerned submitted a letter to their local Intreo Centre requesting that their payment be restored to full rate from June 2020. On 18/11/2020 a means review was carried out which resulted in the means being reduced to nil from October. A further review has been carried out following receipt of this PQ. A revised decision will issue to the person concerned revising his means to nil from 10/6/20. Arrears will issue to him this week.
I trust this clarifies the position for the Deputy.
375. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for a domiciliary care allowance in the case of a person (details supplied); when the application will be brought to a conclusion; and if she will make a statement on the matter. [41170/20]
View answerAn application for Domiciliary Care Allowance (DCA) was received from the person concerned on the 19th November 2020. Applications are processed in date of receipt order; currently applications received in mid October are being finalised. This application will be considered by a deciding officer in due course and the decision notified to her as soon as possible.
I hope this clarifies the matter for the Deputy.
376. Deputy Martin Browne asked the Minister for Social Protection the measures in place to ensure social welfare reviews and investigations are compliant with GDPR requirements of her Department. [41174/20]
View answerAs a data controller, my Department takes its data protection obligations very seriously and has rigorous data protection policies, procedures and guidelines relating to the protection of customer data. These policies, procedures and guidelines apply to all of our schemes and are followed when carrying out social welfare reviews and investigations.
A Data Management Programme Board is in place to oversee data protection in the Department.
Staff of the Department are regularly reminded of data protection obligations and the importance of data protection is promoted through awareness campaigns, presentations and data protection information initiatives. In addition, staff are required to sign undertakings annually that they have read, and will act in accordance with, data protection guidelines and policies.
377. Deputy Martin Browne asked the Minister for Social Protection if a person in receipt of a social welfare payment has the right to privacy regarding personal spending when providing bank statements to her Department. [41175/20]
View answerQualification for a number of assistance payments from my Department require a means test to be undertaken to assess the customers’ eligibility. One of the factors taken into account in the calculation of means is any investments and savings that the customer may have. To carry out a means test in respect of savings, original bank statements should be provided. If it is not possible to provide an original bank statement an officer may decide to accept a copy of the statement.
A bank statement with information redacted may not provide a complete record of the financial information that is required to carry out a means test and as such may be considered as an incomplete document. In order for a decision to be made or a review to be carried out on a claim a customer must make the relevant supporting documents available to my Department.
The appointment and duties of Social Welfare Inspectors are provided for in Section 250 of the Social Welfare (Consolidation) Act 2005 as amended. These outline the requirement for a customer to give an inspector information and any documents that they may require for the purposes of an investigation.
I trust this clarifies the matter for the Deputy.
378. Deputy Cathal Crowe asked the Minister for Social Protection if she will consider extending the length of time that unemployed persons can be placed on a community employment scheme; and if she will make a statement on the matter. [41244/20]
View answer428. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if she will consider extending the time that a person aged 55 years and over can remain on a community employment scheme; and if she will make a statement on the matter. [42105/20]
View answerI propose to take Questions Nos. 378 and 428 together.
The Community Employment (CE) Scheme is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis.
A number of new conditions were introduced to the CE Scheme in July 2017 to further support progression to employment, broaden CE access to a wider range of people and to standardise the conditions relating to the length of time a CE participant can remain on a CE scheme.
In general CE placements for new entrants aged between 21 and 55 years are for one year. CE participants who are working towards a Quality and Qualifications Ireland (QQI) major award can seek to extend their participation on CE by up to two years to enable them to reach the required standard of qualification.
CE participants aged 55 years or older can remain on CE for three years and do not have to work towards a QQI major award.
In either scenario, a maximum of three consecutive year's participation on CE is permissible. A person may re-qualify for CE after a twelve month break once they satisfy the qualifying conditions. An overall lifetime limit of six years applies to all CE participants (seven years for those on a disability payment).
The Department has no current plans to extend participation limits on CE schemes for those aged over 55. However, CE participants over the age of 62 can participate on CE on a continuous basis until they reach the State Pension age via the CE Service Support Stream (SSS). Participation is subject to the availability of SSS places, satisfactory performance on the CE scheme and, annual approval by the Department. The number of places available for SSS participants within each CE scheme is subject to limitation criteria.
The priority for my Department is to ensure that all employment and activation programmes have the best outcomes for participants. Places on these work programmes will continue to be made available to support those who are long term unemployed and furthest removed from the labour market, while maintaining the role of CE as an active labour market programme.
I am fully committed to the future of CE and will continue to support and improve CE for the benefit of the CE participants and the valuable contribution being made to local communities.
379. Deputy Alan Kelly asked the Minister for Social Protection the reason the special investigation unit in her Department is not allowed to stop the fraudulent payments being claimed by persons who are working and wrongly in receipt of the pandemic unemployment payment. [41253/20]
View answerMy Department’s Special Investigation Unit (SIU) has, throughout the period of the pandemic, investigated suspected fraudulent pandemic unemployment payment (PUP) claims and the focus of that work is continuing. My Department’s investigation of suspected fraudulent PUP claims includes comparing data on PUP payments against Revenue real-time earning data in order to identify claimants who may be working. The implication in the Deputy’s question that suspected fraudulent claims are not being stopped – which has to be subject, of course, to clear evidence that a claimant is working – is incorrect. With specific reference to PUP claims my Department’s officers, including the SIU supported by An Garda Síochána, have reviewed over 70,000 claims giving rise to savings of about €94 million. In a number of cases, prosecutions are being pursued.
This work is ongoing along with other investigations by the SIU, including for example, the investigation of suspected identity frauds in conjunction with An Garda Síochána.
I trust this clarifies the matter for the Deputy.
