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Wednesday, 5 May 2021

Written Answers Nos. 356-375

Departmental Expenditure

Questions (356)

Peadar Tóibín

Question:

356. Deputy Peadar Tóibín asked the Minister for Defence the amount in legal fees incurred by his Department in 2020 and in each of the years 2000 to 2020. [23575/21]

View answer

Written answers

The detailed information sought by the Deputy is not readily available, but my Department is retrieving and collating the information requested. I will arrange to have it forwarded to the Deputy as soon as it is available.

The following deferred reply was received under Standing Order 51
I refer to the above referenced Parliamentary Question which was answered on 5th May 2021:
To ask the Minister for Defence the amount in legal fees incurred by his Department in 2020 and in each of the years 2000 to 2020 and if he will make a statement on the matter.
As advised in my response of 5th May, the information requested was not immediately available. My Department has now further researched your request and unfortunately it is not possible to gather the data for the years 2000 to 2010. However, the records for the years 2011 to 2020 have now been compiled and are as set out in Appendix A (attached).
APPENDIX A
The expenditure incurred by my Department in respect of legal fees in each of the past years from 2011 to 2020 is as follows:

Year

Amount

2011

€2,140,787

2012

€1,150,449

2013

€1,388,029

2014

€1,585,123

2015

€1,508,512

2016

€1,562,699

2017

€1,596,213

2018

€3,323,130

2019

€3,180,060

2020

€3,830,078

Irish Sign Language

Questions (357, 363, 365)

Aodhán Ó Ríordáin

Question:

357. Deputy Aodhán Ó Ríordáin asked the Minister for Education her plans to have Irish sign language incorporated into her Department’s curriculum in order that it can be taught in schools and considered a subject for the junior and leaving certificates; and if she will instigate a plan to do so if none exists. [22582/21]

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Cian O'Callaghan

Question:

363. Deputy Cian O'Callaghan asked the Minister for Education if she will take steps to have Irish Sign Language taught in schools as a full stand-alone subject; and if she will make a statement on the matter. [22662/21]

View answer

Jim O'Callaghan

Question:

365. Deputy Jim O'Callaghan asked the Minister for Education the reason Irish Sign Language has not yet been included in the post-primary curriculum; and if she will make a statement on the matter. [22671/21]

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Written answers

I propose to take Questions Nos. 365, 357 and 363 together.

The Irish Sign Language Act 2017 provides inter alia that the Minister will establish a scheme for the provision of Irish Sign Language (ISL) classes for the family of deaf children and education and support for children whose primary language is ISL attending recognised schools; and training for teachers of children who are deaf or hard of hearing. Many pupils who are Deaf or hard of hearing are integrated into mainstream classes at primary and post-primary level, while other children may attend special schools or classes.

I wish to advise that, in line with the Act, my Department provides for an extensive range of supports to assist pupils and young persons with special educational needs, including children who are Deaf or hard of hearing, to ensure that children can have access to an education appropriate to their needs.

The NCSE’s Visiting Teacher Service for children who are Hearing Impaired, work in partnership with parents to advise and offer guidance in matters pertaining to the child’s education and overall development. The NCSE also provides funding for individual teachers and whole school staff in mainstream schools, special schools, and special classes to undertake courses in Irish Sign Language. The Department provides funding to schools for assistive technology, special transport arrangements and enhanced levels of capitation in special schools and in special classes. The Department also provides funding for a weekly home tuition service to provide training in ISL for deaf and hard of hearing children, their siblings and parents.

As regards the curriculum, the National Council for Curriculum and Assessment (the NCCA) is currently reviewing and redeveloping the Primary Curriculum Framework NCCA have had continued engagement with member’s of the deaf community in recent years and will continue this work in the context of the review and redevelopment of the Primary School Curriculum.’ Inclusive education and diversity is one of the eight principles of teaching and learning proposed. One of the competencies proposed is 'Communicating and using language' which means being able to understand, interpret and use different forms of communication including gesture, expression, spoken language (English, Irish and other languages), printed text, broadcast media, and digital media. Phase one of the consultation on the draft Framework is complete. Phase two will take place in Q4 2021 during which the NCCA will be working with children, teachers, school leaders and parents, so there will opportunity for the NCCA to have continued engagement with children and teachers who use ISL in schools and to learn from their experiences. It is expected that the finalised Framework will be published by end Q2 2022 and the specifications for individual curricula will be developed in the following years.

At post primary school level, The Post-Primary Languages Ireland (PPLI) has developed a specification for a short course in Irish Sign Language (ISL) which is available as part of the new Junior Cycle. The emphasis is on developing communication skills in ISL at level A1 (Common European Framework of Reference for Languages). This course develops students' ability to understand ISL in live, and in recorded situations, to produce the language and to interact with other signers in a simple way and on familiar topics. A link to the course is available at: http://languagesinitiative.ie/images/ISL/MFL_Gen_Spec_ISL_28_May__Short_Course.pdf.

Currently, there are four modules on Sign Language available as part of the Leaving Certificate Applied Programme. This course introduces students to Irish Sign Language and aims to develop their expressive and receptive communication skills. The course also develops awareness and appreciation of the Irish deaf community and its culture. There are four modules in this course. Deaf students may take all four modules instead of the Gaeilge and Modern Language courses. The first two modules of this course may be taken as elective modules by all students.

There is also an opportunity for students to learn sign language in the course of Transition Year. Each school designs its own Transition Year programme, within set guidelines, to suit the needs and interests of its students. In establishing its own distinctive programme content, the school takes into account the possibilities offered by local community interests.

Departmental Properties

Questions (358)

Mark Ward

Question:

358. Deputy Mark Ward asked the Minister for Education the reason for the hold-up by her Department in releasing land to the Department of Health for the provision of the Rowlagh primary healthcare centre at a location (details supplied); and if she will make a statement on the matter. [22593/21]

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Written answers

My Department is in discussions with the HSE regarding the disposal of a site to the HSE, which is part of an existing school site, for the development of a primary care centre. The proposals being discussed are to include the provision of a facility by the HSE for the use of the school. The details of this proposal are currently being finalised by my Department with the HSE. When the details are finalised my Department will proceed to progress the disposal of the site to the HSE in line with the protocols for the disposal of property sites between State bodies and subject to the sanction of the Minister for Public Expenditure and Reform.

Schools Building Projects

Questions (359)

Fergus O'Dowd

Question:

359. Deputy Fergus O'Dowd asked the Minister for Education when a new school build (details supplied) is expected to be completed in Julianstown, County Meath; and if she will make a statement on the matter. [22611/21]

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Written answers

The building project for the school referred to by the Deputy is included in my Department’s Construction Programme which is being delivered under the National Development Plan.

This project is one of the school building projects on my Department’s traditional build programme. The project commenced on site in May 2019 and subject to no issues arising It is envisaged that the school building will be ready for occupation mid-June 2021. Phase 2, of the project which consists of site works, carpark, landscaping etc is due for completion in mid-August 2021

Special Educational Needs

Questions (360)

Pa Daly

Question:

360. Deputy Pa Daly asked the Minister for Education when the details and relevant dates of the 2021 summer provision programme will be made available; and if she will make a statement on the matter. [22626/21]

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Written answers

A significantly expanded Summer Programme was provided in 2020 for children with the complex needs as a discrete response to Covid-19.

The programme provided either in-school, or home-based supports by teachers and special needs assistants (SNAs) during the summer holidays to help to prevent regression among children with SEN.

The programme's aim was to support children to reintegrate/transition into their planned education setting for the 2020/21 school year with their peers.

Over 14,000 children participated in the special education summer programmes developed by the Department including 3,881 in the school based programme, 9,716 in the home based programme and 450 families in the HSE programme.

My Department is progressing work on proposals to run an expanded summer programme again this year with more schools involved.

These proposals are being developed based on engagement and consultation with the education partners.

A further announcement on this will be made in due course.

School Accommodation

Questions (361)

Bernard Durkan

Question:

361. Deputy Bernard J. Durkan asked the Minister for Education the progress to date in moving a school (details supplied) to a permanent home; the plans ongoing to achieve same; and if she will make a statement on the matter. [22650/21]

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Written answers

My Department has given approval to the Patron of the school referred to by the Deputy to appoint a Consultant to undertake an Options Study of the property in question. This Study, when available, will be used as a basis for determining the necessary refurbishment works required to the property.

Compensation Schemes

Questions (362)

Willie O'Dea

Question:

362. Deputy Willie O'Dea asked the Minister for Education the position in relation to compensating the victims of institutional abuse such as those who attended a school (details supplied); and if she will make a statement on the matter. [22653/21]

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Written answers

As you are aware, the ex gratia scheme was established on foot of the specific circumstances arising from and in response to the judgment of the European Court of Human Rights (ECtHR) relating to Louise O'Keeffe.

The Department undertook a review of the scheme in response to a determination by the Independent Assessor, Mr Justice Iarfhlaith O’Neill that one of the criteria for eligibility is incompatible with the ECtHR judgement.

The issues involved are highly sensitive and complex and require very careful deliberation before proposals can be finalised and brought to Government. It is important to have a more complete awareness of the extent of the problem, the number of people who could potentially be involved the legal implications of any course of action, and an accurate estimate of likely costs before introducing any modifications to the scheme.

Officials from my Department are closely engaged with officials from the Attorney General’s office to work through these complex matters. This work has now been significantly advanced, following some unavoidable delays due to the pressure on the Department of Education in dealing with the pandemic. A proposal for a revised scheme is now being finalised for legal advice in consultation with officials in the Attorney General’s office and following this, the proposal will be considered by Government.

Question No. 363 answered with Question No. 357.

School Facilities

Questions (364)

Peadar Tóibín

Question:

364. Deputy Peadar Tóibín asked the Minister for Education the consultation undertaken in the decision to include gender neutral toilets in schools; and the parent, teacher and student groups that were consulted with before the decision was made. [22665/21]

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Written answers

Since the introduction of TGD-021-2 and TGD 021-3 in April 2014, the Department has undertaken a significant review exercise. During this consultation period, a number of stakeholders requested guidance regarding gender neutral sanitary facilities.

The Inspectorate Division of the Department of Education reviewed the proposals contained within SDG-02-06, offering experienced views and comments on the guidance document throughout its development. The Inspectorate reviewed the proposal subsequent to the workshops and presentations undertaken at Professional & Technical working group level, and Department of Education management level. The proposals were based on a detailed study of international best practice and codes of practice.

It should also be noted that the designation of each sanitary facility within a school as gender specific or neutral is a matter for the School authority and should be based on consultation with relevant stakeholders including the School community.

Question No. 365 answered with Question No. 357.

Special Educational Needs Staff

Questions (366)

Réada Cronin

Question:

366. Deputy Réada Cronin asked the Minister for Education the reason her Department is continuing to delay in applying the recommendations of the Labour Court from December 2019 in relation to the public service regularisation of the employment of behavioural analysts who make such a critical contribution to special education; and if she will make a statement on the matter. [22699/21]

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Written answers

My Department previously funded 13 centres through an ABA pilot scheme for the period 1999-2011. All of these centres applied for and were granted recognition as Special Schools for children with Autism and now form part of the network of special schools. A transitional agreement was put in place between the Department and Patrons of these schools to manage this process.

As part of the transitional agreement my Department provides grant funding to these schools to engage behaviour practitioners. The post holders in question are privately employed/engaged and retained under contract by the Special Schools concerned and do not have a contractual relationship with my Department. For this reason my Department was not party to the Labour Court proceedings referenced by the Deputy.

My Department facilitates a Consultative Forum with the Patrons of these 13 schools to ensure they are adequately supported.

Schools Building Projects

Questions (367)

Barry Cowen

Question:

367. Deputy Barry Cowen asked the Minister for Education when construction works on a school (details supplied) will be completed. [22725/21]

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Written answers

The building project for the school referred to by the Deputy is currently under construction and is nearing completion.

It is anticipated that the project will be completed and handover to the School Authority will take place this month.

School Transport

Questions (368)

Brendan Griffin

Question:

368. Deputy Brendan Griffin asked the Minister for Education if she will address a matter regarding the removal of a school bus service (details supplied); and if she will make a statement on the matter. [22744/21]

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Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 114,100 children, including over 14,700 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

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.

Under the terms of my Department’s School Transport Scheme, children are eligible for transport where they reside not less than 3.2kms at primary and 4.8kms at post-primary and are attending their nearest School/Education Centre as determined by the Department/Bus Éireann, having regard to ethos and language.

All children who are eligible for school transport and who complete the application and payment process on time will be accommodated on school transport services for the 2021/22 school year where such services are in operation. Children who are not eligible for school transport may apply for transport on a concessionary basis only and will be facilitated where spare seats are available after eligible children have been accommodated. Where the number of ineligible children exceeds the number of spare seats available Bus Éireann allocates tickets for the spare seats using an agreed selection process.

I can confirm that there has been no instruction from my Department to Bus Éireann to remove the service in question. The closing date for applications for school transport was Friday, 30th April. In line with normal practice, routes for the 2021/2022 school year will be planned and organised over the coming months.

Special Educational Needs Staff

Questions (369)

Johnny Guirke

Question:

369. Deputy Johnny Guirke asked the Minister for Education when the new model of SNA provision will be released by her Department in view of the fact that the National Council for Special Education is declining to accept applications from schools for additional or emergency special needs assistant support pending the release of the new model of SNA provision by her Department; and if she will make a statement on the matter. [22759/21]

View answer

Written answers

The arrangements for the allocation of SNAs for mainstream classes for the 2021/22 school year are currently under review. An announcement on the matter will be made as soon as possible.

Education Costs

Questions (370)

Brendan Griffin

Question:

370. Deputy Brendan Griffin asked the Minister for Education if there are grants in place for driving a child to a second-level school in circumstances (details supplied); and if she will make a statement on the matter. [22767/21]

View answer

Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 114,100 children, including over 14,700 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of the Department's School Transport Scheme for Children with Special Educational Needs is, having regard to available resources, to support the transport to and from school of children with special educational needs arising from a diagnosed disability.

In general, children with special educational needs are eligible for school transport if they are attending the nearest school that is resourced to meet their special educational needs. Eligibility is determined following consultation with the National Council for Special Education through its network of Special Education Needs Organisers (SENO).

A parent/guardian should contact the school principal of the school that their child is attending who will assist in making an application for school transport to the SENO that is affiliated with their school.

Following the application process where there is a transport service available for eligible children, Bus Éireann will liaise with eligible families regarding the school transport arrangements. Where there is no service available for eligible children, School Transport Section of my Department will liaise with families with regard to sanction of a special transport grant toward the cost of private transport arrangements.

School Transport

Questions (371)

Michael McNamara

Question:

371. Deputy Michael McNamara asked the Minister for Education the reason a school transport system cannot be put in place to facilitate 15 students (details supplied) in County Clare given the availability to the allocations of extra buses appointed during Covid-19; if she will amend the arbitrary distance regulation which is depriving students of their right to elect a school within the catchment area; and if she will make a statement on the matter. [22768/21]

View answer

Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 114,100 children, including over 14,700 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

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. Under the terms of my Department’s School Transport Scheme, children are eligible for transport where they reside not less than 3.2kms at primary and 4.8kms at post-primary and are attending their nearest School/Education Centre as determined by the Department/Bus Éireann, having regard to ethos and language.

All children who are eligible for school transport and who complete the application and payment process on time will be accommodated on school transport services for the 2021/22 school year where such services are in operation.

Children who are not eligible for school transport may apply for transport on a concessionary basis only and will be facilitated where spare seats are available after eligible children have been accommodated. Where the number of ineligible children exceeds the number of spare seats available Bus Éireann allocates tickets for the spare seats using an agreed selection process.

It should be noted that in cases where the Department is satisfied that the nearest school is full, eligibility for school transport will be determined based on the distance that children reside from their next nearest school having regard to ethos and language. If a family has further information in regard to the closest school being full they should contact School Transport Section of my Department. Further information in this regard is available on my Department's website www.education.ie.

Departmental Investigations

Questions (372)

Catherine Murphy

Question:

372. Deputy Catherine Murphy asked the Minister for Education the number of staff in her Department that have had access to files and or email restricted and or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021. [22771/21]

View answer

Written answers

Civil servants recruited to my Department are subject to the Civil Service Code of Standards & Behaviour which outlines that in the course of their duties honesty, impartiality and integrity must be paramount.

On commencing duty officials are presented with a suite of documents relating to their employment one of which is an I.C.T. Usage Policy which outlines the conditions they must adhere to in using the Department’s I.T. equipment.

No official at my Department has been subjected to restrictive access to files or had access to email restricted or revoked as part of a disciplinary process in the period stated in the Deputy’s question.

School Facilities

Questions (373)

Peter Burke

Question:

373. Deputy Peter Burke asked the Minister for Education the financial assistance available to schools to facilitate the safe and secure storage of bicycles and scooters outside on school premises; and if she will make a statement on the matter. [22787/21]

View answer

Written answers

The use of bicycles is encouraged and secure and covered cycle parking facilities are provided as part of major new builds and refurbishment projects, and in accordance with Planning Permission Conditions.

Where no major project is being undertaken, the relevant mechanisms for addressing the type of issues raised by the Deputy are the Minor Works Grant for small-scale works or the Summer Works Scheme for medium to larger works.

The Summer Works Scheme operates on a multi-annual basis and was last open for applications in 2020.

My Department in conjunction with the Minister for Transport Eamon Ryan TD launched a new initiative called Safe Routes to School on the 18th March 2021. This will support active travel infrastructure for selected schools around the country. The programme, which is the next phase in the Government’s investment in active travel, will see funding provided from the €1.8 billion committed under the Programme for Government, to support walking/scooting and cycling to primary and post-primary schools.

The Safe Routes to School programme aims to create safer walking and cycling routes within communities, alleviate congestion at the school gates and increase the number of students who walk or cycle to school by providing walking and cycling facilities. The improvements to the school commute could range from an upgraded footpath or new cycle lane to a complete reworking of a school’s entrance.

School Transport

Questions (374)

Claire Kerrane

Question:

374. Deputy Claire Kerrane asked the Minister for Education if she has considered allowing empty school buses travelling to towns and villages to facilitate rural persons en route wishing to travel to their local town or village in order to reduce social isolation and enhance mobility of older persons in rural areas; and if she will make a statement on the matter. [22788/21]

View answer

Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 114,100 children, including over 14,700 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

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 October 2019, my predecessor announced a review of the school transport scheme with a view to taking a fresh look at the service and its broader effectiveness and sustainability. Given the evolving situation with Covid-19 the work of the Steering Group had been delayed. However, an initial meeting of the Steering Group was recently held in order to recommence the process, which will continue over the coming period. The review is being conducted to ensure that the school transport is fit for purpose and that it serves students and their families adequately.

This review will build on the proposals in the Programme for Government as they relate to school transport, including examining the options to reduce car journeys and assessing how the School Transport Scheme can work in liaison with the Safe Routes to Schools Programme; examining the options for providing a better value and a better service for students, including and examining issues such as the nearest or next-nearest school.

The review will also examine potential scope for a more coordinated approach involving other Government Departments involved in transport services.

It is planned that the Steering Group will report to me on an interim basis as the review progresses, with a view to presenting a final report later this year with recommendations on the future operation of the Department’s School Transport Scheme.

School Transport

Questions (375)

Brendan Griffin

Question:

375. Deputy Brendan Griffin asked the Minister for Education if she will clarify a matter (details supplied) regarding a school bus contract; and if she will make a statement on the matter. [22803/21]

View answer

Written answers

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year over 114,100 children, including over 14,700 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €224.7m in 2020.

The purpose of the 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.

With regard to the operator referred to by the Deputy operating School Transport services, Bus Éireann is obliged to tender all works, goods and services in line with the European Directives on public procurement, which includes school transport services performed by contractors under the School Transport Scheme. Bus Éireann has confirmed that in these circumstances, it is not open to them to automatically exclude an operator from a public procurement competition on the basis that it receives funding from another source.

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