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Thursday, 9 Sep 2021

Written Answers Nos. 481-500

Northern Ireland

Questions (481)

Pádraig MacLochlainn

Question:

481. Deputy Pádraig Mac Lochlainn asked the Minister for Foreign Affairs the status of negotiations with the British government on the jurisdiction of Lough Foyle; and if his attention has been drawn to the detrimental impact to the management of this key resource caused by the ongoing jurisdictional dispute over Lough Foyle which is still unresolved 23 years after the Good Friday Agreement. [43163/21]

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Written answers

The UK Government assertion of jurisdiction over the whole of Lough Foyle has never been accepted by Ireland and this position remains unchanged.

Following discussions in 2011 between the then Minister for Foreign Affairs and Trade and the British Foreign Secretary, the British and Irish Governments agreed to seek to resolve jurisdictional issues relating to both Lough Foyle and Carlingford Lough.

Since that time, a series of meetings and contacts have taken place at official level between the Foreign, Commonwealth and Development Office and my own Department. This engagement is ongoing and my Department is also continuing to consult with other relevant Departments on specific issues and concerns in relation to licensing of aquaculture in Lough Foyle.

The issues involved in these discussions are complex and involve a range of different actors, including the Crown Estates on the UK side, but the Government is satisfied that all sides are committed to reaching a positive resolution as soon as possible.

Defence Forces

Questions (482)

John Brady

Question:

482. Deputy John Brady asked the Minister for Defence the estimated cost of retaining the 700 members of the Defence Forces on post-1994 contracts scheduled to retire in 2022; if a scheme has been introduced by him in order to allow them to remain in service; and if he will make a statement on the matter. [41472/21]

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Written answers

Military life places unique demands on individuals and it is necessary that Defence Forces personnel are prepared to meet the challenges of all military operations. To this end, it is vital that the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised in any way. For this reason compulsory retirement ages for ranks in the Permanent Defence Force are considerably lower than in other employments.

I am advised by the military authorities that based on current data the number of Privates and Corporals in receipt of Technical Pay Group 2 or less, who enlisted post 1994 and who will be due to be mandatorily retired by the end of December 2022 is 195.  The number of personnel estimated as due to retire in any year can change due to a variety of circumstances including: voluntary retirement, medical retirements before mandatory retirement age, deaths in service, promotion to Senior NCO ranks which have higher mandatory retirement ages, etc.

A review of contracts of service of personnel enlisted post 1 January 1994, is currently underway. The Review is considering appropriate mandatory retirement age limits for Privates, Corporals and Sergeants, as well as senior NCOs. Proposals and recommendations arising from these deliberations will be discussed with PDFORRA on completion of the Review.

Departmental Staff

Questions (483)

Fergus O'Dowd

Question:

483. Deputy Fergus O'Dowd asked the Minister for Defence the current policy regarding the employment of persons with disabilities in his Department and in each State and semi-State body under the aegis of his Department; the disability quota of his Department at present; if there is an active campaign to increase the disability workforce from the current target of 3% to a minimum of 6% by 2024; if this quota has now been exceeded; if so, the details of same; if there has been an advertised competition in relation to the quota; and if he will make a statement on the matter. [41589/21]

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Written answers

In accordance with the Disability Act 2005, statistics on the number of employees within my Department who have declared a disability are compiled and submitted to the National Disability Authority annually. The figures are compiled retrospectively during the first quarter of each year in respect of the previous year and therefore, the figures for 2021 are not available currently. In 2020, 4.28% of civil servants and 6.15% of civilian employees had declared a disability. It should be noted that there is no onus on an employee to declare a disability.

The only State body currently under the aegis of my Department is the Army Pensions Board which is an independent statutory body, established under the Army Pensions Act 1927 and consisting of a chairman and two ordinary members. The Secretary to the Board is provided from the staff of my Department.

In compliance with Part 5 of the Disability Act 2005, the Department of Defence has undertaken, where practicable, to promote and support the employment of people with disabilities. The Department continues to operate in a non-discriminatory environment in accordance with the Equality Acts and aims to ensure that the principles of employment equality are implemented in recruitment, promotion, training and work experience.

Recruitment, which for civil servants of my Department is undertaken by the Public Appointments Service, is open to all applicants and reasonable accommodation is afforded to those employees with a declared disability.

The Deputy will be aware that under the provisions of Section 46(3) of the Disability Act, Part 5, ‘Public Service Employment’ does not apply to members of the Defence Forces, the Garda Síochána or Prison Officers. This reflects the provisions of the section 37(5) of the Employment Equality Acts 1998 to 2015, which provide that matters relating to discrimination on the basis of age or disability do not apply to employment in the Defence Forces given the unique requirements for employment in the Defence Forces.

Electoral Process

Questions (484)

Darren O'Rourke

Question:

484. Deputy Darren O'Rourke asked the Minister for Defence the process of getting postal ballots to serving and retired members of the Defence Forces to ensure they are received and returned in time; and if he will make a statement on the matter. [41937/21]

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Written answers

The Defence Forces place a very high level of importance on ensuring that all Permanent Defence Force (PDF) personnel are provided with the opportunity to register for, and to receive, a postal vote. To that end, personnel are provided with access to registration forms, through the chain of command. Defence Forces personnel who wish to exercise their right to vote are required to complete a Form RFC annually, to ensure their inclusion on the Postal Voters List. A significant operation then takes place to ensure that those who are registered to vote, at home or overseas, are provided with postal votes, to enable them to exercise their right to vote.

The Department of Defence provides a link between the Franchise Section of the Department of Housing, Planning, Community and Local Government (D/HPCLG) and the military authorities. This is to ensure that appropriate timelines for postal voting are agreed. Responsibility for the distribution of postal votes rests with the military authorities.

On receipt of official notification from the D/HPCLG that an election or referendum has been called, the military authorities inform the GOCs and the Flag Officer Commanding the Naval Service of the pending election. Orders are sent to overseas units indicating that a courier will be dispatched with ballot papers.

Officers are appointed to collect ballot papers for the various Formations from various post offices. Close liaison is maintained with the Returning Officers from the D/HPCLG regarding dates and timings of collections. On receipt of ballot papers for their personnel, commanding officers check the papers against the nominal roll of personnel who completed their Form RFC. Ballot papers are distributed without delay to personnel concerned.

The responsibility for returning the vote by post rests with the individual except in the case of personnel overseas, for whom the military authorities arrange for the votes to be returned. This involves the deployment of courier personnel to overseas missions to enable personnel deployed abroad to exercise their vote.

On retiring or discharging from service, a member of the PDF is removed from the Defence Forces Postal Voters List and the appropriate civilian registration authority is informed to enable the individual to be transferred to the Register of Electors. If a postal ballot is identified by the Defence Forces as being in respect of an individual who has retired or discharged since the Register of Electors was published, then that postal ballot is forwarded to their last known home address.

I am assured that the Defence Forces places the highest priority on the thorough, diligent and timely administration of Postal Votes, and will continue to work with both the Local Authorities and the D/HPCLG to ensure that the system operates as efficiently as possible.

Flexible Work Practices

Questions (485)

Carol Nolan

Question:

485. Deputy Carol Nolan asked the Minister for Defence the measures he is taking to promote or facilitate remote working for staff in his Department or bodies under the aegis of his Department; the costs this has generated in terms of the provision of laptops, desktop computers or contributions to wi-fi costs or phone-related expenses; the number of staff who have applied for permission to work from home on a permanent or hybrid-model basis (details supplied); and if he will make a statement on the matter. [41948/21]

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Written answers

Departments and Offices are currently working in line with Government COVID-19 guidance, which provides for home working to continue where possible. Since the onset of the COVID-19 pandemic, my Department, in line with other civil and public service organisations, has adhered to public health advice and to the Guidance for Public Service Employers published by the Department of Public Expenditure and Reform. This has meant employees working from home, but also attending the workplace to carry out essential work that cannot be discharged from home.

A central policy framework for Blended Working in the Civil Service will be finalised in conjunction with employee representatives over the coming months. This framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Department or Office, whilst ensuring a consistency of approach across key policy areas. Once the framework is finalised, my Department will develop a policy, appropriate to the business needs of the organisation. An assessment of all elements of such an approach will be undertaken as part of that process.

Pension Provisions

Questions (486)

Catherine Connolly

Question:

486. Deputy Catherine Connolly asked the Minister for Defence if consideration will be given to making the Military Service Allowance pensionable for pre-1990 pensioners in view of the fact that arising from a recommendation made in 1990 by the Gleeson Commission the allowance was made pensionable in the case of personnel retiring on or after 1 August 1990, but was not made pensionable for those who retired before that despite the fact it had been introduced in 1979 in lieu of a pay increase. [42612/21]

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Written answers

Military Service Allowance (MSA) was first introduced in 1979 to compensate Defence Forces personnel for the special disadvantages associated with military life. Arising from a recommendation made in 1990 by the Commission on Remuneration and Conditions of Service in the Defence Forces (the Gleeson Commission), MSA was made pensionable in the case of personnel retiring on or after 1 August 1990. This approach was fully consistent with settled public service pensions policy which provides that the benefit of an allowance being made pensionable for serving personnel does not extend to existing pensioners.

The Final Report of the Commission on Public Service Pensions was published in January 2001 and was considered and broadly accepted by the Government. This Report was the first comprehensive examination of public service occupational pension arrangements since the foundation of the State. The Commission was an independent body and had invited submissions from interested parties, giving those concerned an unprecedented opportunity to put their case on occupational pension issues. I understand that groups representative of military pensioners were among those who made submissions and were met by the Commission.

In its Report, the Commission specifically addressed the issue of the pensionability of allowances (including the MSA) and the consequences for public service pensioners generally. However, having considered the arguments advanced by the groups affected, together with longstanding public service pensions policy in that context and the substantial cost implications involved, the Commission did not recommend any increase for the pensioners concerned. Aside from pre-August 1990 Defence Forces pensioners, the other groups affected include certain retired members of An Garda Síochána and the Prison Service and retired teachers. In the context of the Government’s subsequent consideration of the Commission’s Report, no change in existing policy on this matter has been authorised or is contemplated.

Defence Forces

Questions (487)

Paul McAuliffe

Question:

487. Deputy Paul McAuliffe asked the Minister for Defence if he is considering increase the maximum age for recruitment to the Defence Forces; and if he will make a statement on the matter. [42617/21]

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Written answers

The age limits for personnel wishing to enter the Defence Forces are as set out in Regulations made pursuant to the Defence Act 1954, as amended. There are currently no plans to change these age limits.

An independently chaired review, which has examined recruitment practices and procedures, including entry criteria, in the Defence Forces, has now concluded and I expect the final report imminently.  Any recommendations that may arise from this report will be considered and progressed as appropriate.

Flexible Work Practices

Questions (488)

Dara Calleary

Question:

488. Deputy Dara Calleary asked the Minister for Defence the steps being taken to facilitate remote working within his Department in particular to encourage remote working for those who live in the regions; and if he will make a statement on the matter. [42702/21]

View answer

Written answers

Departments and Offices are currently working in line with Government COVID-19 guidance, which provides for home working to continue where possible. Since the onset of the COVID-19 pandemic, my Department, in line with other civil and public service organisations, has adhered to public health advice and to the Guidance for Public Service Employers published by the Department of Public Expenditure and Reform. This has meant employees working from home, but also attending the workplace to carry out essential work that cannot be discharged from home.

A central policy framework for Blended Working in the Civil Service will be finalised in conjunction with employee representatives over the coming months. This framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Department or Office, whilst ensuring a consistency of approach across key policy areas. Once the framework is finalised, my Department will develop a policy, appropriate to the business needs of the organisation. An assessment of all elements of such an approach will be undertaken as part of that process. As my Department is headquartered outside Dublin, this assessment will address employees within regions outside Dublin.

Flexible Work Practices

Questions (489)

Holly Cairns

Question:

489. Deputy Holly Cairns asked the Minister for Defence the way in which his Department and public bodies and agencies under his remit are accommodating requests for persons to work from home. [42752/21]

View answer

Written answers

Departments and Offices are currently working in line with Government COVID-19 guidance, which provides for home working to continue where possible. Since the onset of the COVID-19 pandemic, my Department, in line with other civil and public service organisations, has adhered to public health advice and to the Guidance for Public Service Employers published by the Department of Public Expenditure and Reform. This has meant employees working from home, but also attending the workplace to carry out essential work that cannot be discharged from home.

A central policy framework for Blended Working in the Civil Service will be finalised in conjunction with employee representatives over the coming months. This framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Department or Office, whilst ensuring a consistency of approach across key policy areas. Once the framework is finalised, my Department will develop a policy, appropriate to the business needs of the organisation. An assessment of all elements of such an approach will be undertaken as part of that process.

The only State body under the aegis of my Department is the Army Pensions Board. The only staff post is the secretary to the Board, which is provided from the staff of the Department.

Freedom of Information

Questions (490)

Matt Carthy

Question:

490. Deputy Matt Carthy asked the Minister for Defence the number of freedom of information requests responded to by his Department in each of the years 2016 to 2020 and to date in 2021; the number of responses that included documents related to text messages and other phone message communications such as messages sent through an application (details supplied) in tabular form; and if he will make a statement on the matter. [42960/21]

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Written answers

The number of freedom of information requests responded to by my Department in each of the years 2016 to 2021are set out in the table below.

 -

 2016

 2017

 2018

 2019

 2020

 2021

 No. of FOI requests received

120 

 155

 140

 166

 104

 107*

Those that included documents related to text messages, etc.

 -

 -

 -

 4

 3

*2021 figures are to 8 September, 2021.

Commissions of Investigation

Questions (491)

David Cullinane

Question:

491. Deputy David Cullinane asked the Minister for Defence the cost of each commission of investigation under the remit of his Department over the preceding decade. [42989/21]

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Written answers

My Department has not incurred any expenditure on a commission of investigation in the past decade.

Ministerial Appointments

Questions (492)

Réada Cronin

Question:

492. Deputy Réada Cronin asked the Minister for Defence the number of formal and informal roles held by a person (details supplied) in the name of his Department or associated agency in the lifetime of this Government; when they were appointed to same; and if he will make a statement on the matter. [43034/21]

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Written answers

There have been no formal or informal roles held by the person to whom the Deputy referred, in the name of my Department or associated agency in in the lifetime of this Government.

Government Communications

Questions (493)

Catherine Murphy

Question:

493. Deputy Catherine Murphy asked the Minister for Defence if he and or his special advisors and or officials use or have used services (details supplied) to communicate in the past 18 months. [43067/21]

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Written answers

I can confirm that neither my special advisers nor I have used the services specified to communicate in the past 18 months. The services specified are not approved for official communication in my Department. 

Departmental Funding

Questions (494)

Paul McAuliffe

Question:

494. Deputy Paul McAuliffe asked the Minister for Education the most appropriate avenue through which an organisation (details supplied) can apply for potential funding streams within her Department; and if she will make a statement on the matter. [43165/21]

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Written answers

The centre referred to by the Deputy is not a recognised school, but provides education for young people outside of the mainstream school setting .

While my Department primarily supports recognised schools, my Department does provide funding for a small number of alternative settings which provide education for the small number of young people who do not complete mainstream education.

My Department fully appreciates and acknowledges the very valuable work which is being undertaken in the centre referred to by the Deputy.

 My Department has had extensive engagement with the centre over recent months and will continue to engage in the context of alternative education provision. The organisation receives funding from my Department and also from the Department of Further and Higher Education, Research, Innovation and Science via Cork Education and Training Board.

 My Department has committed to a review of out of school settings and this review will inform future policy in this area.   

Schools Building Projects

Questions (495)

Michael Creed

Question:

495. Deputy Michael Creed asked the Minister for Education the position regarding the temporary site for a new secondary school (details supplied) in County Cork. [41437/21]

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Written answers

The school to which the Deputy refers opened in suitable interim accommodation in the former Film Centre Building in Ballincollig.

A planning application is being prepared for future interim accommodation for the school on the Ballincollig GAA site. 

Education and Training Provision

Questions (496)

Brendan Griffin

Question:

496. Deputy Brendan Griffin asked the Minister for Education if an application for a laptop for a child with learning difficulties will be granted for a person (details supplied) in County Kerry before the beginning of the new academic year; and if she will make a statement on the matter. [41453/21]

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Written answers

The National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from schools for special educational needs supports, including applications for assistive technology.

SENOs then make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in making recommendations for support, as set out in Circular 0010/2013 which is published on my Department’s website: www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0010_2013.pdf

In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs.

The application referred to by the Deputy was reviewed, with consideration given to the documentation provided, the criteria set out in Circular 0010/2013 and the Special Education Needs Organiser’s observations and recommendations.     

I am pleased to say that the application was approved for funding and the school was informed on 7th September 2021.

Covid-19 Pandemic

Questions (497)

Réada Cronin

Question:

497. Deputy Réada Cronin asked the Minister for Education the basis on which a company (details supplied) is reclassifying teachers previously deemed to be very-high-risk to high-risk; and if she will make a statement on the matter. [41564/21]

View answer

Written answers

In February this year, my Department requested that medical specialists thoroughly assess and recommend guidelines for ‘Very High Risk’ and also pregnant employees working in the education sector. The most recent guidance for the education sector was published by the HSE in July 2021 and authored by the Civil Service Chief Medical Officer, Institute of Obstetrics and Gynaecology, Public Health Medicine in HSE and Medmark Occupational Healthcare. 

As with all other guidelines around public health measures, my Department has been led by expert medical advice provided by the Government through the HSE and other relevant public bodies. The HSE Guidance for the education sector published in July 2021 represents the latest available advice.

On 30th June, 2021, where the Occupational Health Service (OHS) i.e. Medmark categorised a teacher or SNA as ‘Very High Risk’ at any time before or during the 2020/21 school year, their ‘COVID-19 Health Risk Categorisation Report’ expired on that date. For the 2021/22 school year, having considered the HSE advice, the HSE Guidance for the education sector and information available on the OHS website, a teacher or SNA who believes they are at very high risk of serious illness from contracting COVID-19, must complete the online OHS COVID-19 Risk Assessment Questionnaire and submit it to the OHS.

The COVID-19 health risk categorisation assessments are performed by a team of qualified and experienced specialists in occupational medicine. Available medical evidence, including reports from treating consultants as well as vaccination status of employees, are considered during the OHS COVID-19 health risk categorisation assessment process.

A teacher or SNA who has been categorised by the OHS and considers that the OHS ‘COVID-19 Health Risk Categorisation Report’ places them in an incorrect risk category, may request a review. The OHS will re-evaluate the medical evidence provided. The teacher or SNA may provide additional medical evidence as part of the review process. In a situation where the review outcome is that the COVID-19 health risk categorisation remains the same, a further review will only be undertaken, where additional medical evidence indicates there has been a change in the teacher or SNA’s medical status or where there is a change in the HSE guidelines for the ‘high risk’ group.

As knowledge of COVID-19 has increased, some medical conditions that previously placed a teacher or SNA in the ‘High Risk’ group now places them in the ‘Normal Risk’ group. A teacher or SNA in the ‘High Risk’ or Normal Risk’ group can attend the workplace where the school is implementing the COVID-19 Response Plan and the public health advice for schools. Where a teacher or SNA has been categorised as ‘Very High Risk’ by the OHS, they will be facilitated to work from home.

The COVID-19 Response Plan is designed to support employers and employees in putting measures in place that aim to prevent the spread of COVID-19 in the school environment. It details the policies and practices necessary for a school to implement the Government’s ‘Work Safely Protocol’, so as to prevent the introduction and spread of COVID-19 in the school environment.  All employers are required to have an up to date COVID-19 Response Plan in place. The plan outlines the arrangements in place to ensure a safe workplace for all employees. There is an obligation on the employer to discuss the school’s COVID-19 Response Plan with employees and ensure that all appropriate risk mitigation measures are clearly in place for their protection.

My Department’s Circular Letter 0042/2021 details the current working arrangements and leave arrangements during the COVID-19 pandemic for teachers and SNAs employed in recognised primary and post primary schools.

Covid-19 Pandemic

Questions (498, 499, 500, 501, 508, 511, 515, 516, 518, 526, 527, 531, 532)

Réada Cronin

Question:

498. Deputy Réada Cronin asked the Minister for Education her views on whether it would have been more advisable to delay the reclassification of teachers from very-high-risk to high-risk in mid-July 2021, given the particular virulence of the delta variant and that much is still unknown about its impact on individual health and on the community; and if she will make a statement on the matter. [41565/21]

View answer

Réada Cronin

Question:

499. Deputy Réada Cronin asked the Minister for Education the systems that are in place to facilitate working from home for previous very-high-risk teachers who have now been downgraded to high-risk teachers given their susceptibility to breakthrough infection even when vaccinated; and if she will make a statement on the matter. [41566/21]

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Réada Cronin

Question:

500. Deputy Réada Cronin asked the Minister for Education the way her Department interprets HSE advice (details supplied) vis-à-vis vaccinated high-risk teachers given the medical concerns in relation to children and the delta variant; the particular arrangements that are in place to assist and protect these teachers in such circumstances; and if she will make a statement on the matter. [41567/21]

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Réada Cronin

Question:

501. Deputy Réada Cronin asked the Minister for Education the safety measures that have been or will be put in place in the classroom to protect pregnant teachers and SNAs given the danger of the virus to pregnant women and the increased transmissibility of the delta variant; and if she will make a statement on the matter. [41568/21]

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Danny Healy-Rae

Question:

508. Deputy Danny Healy-Rae asked the Minister for Education the position regarding schools reopening (details supplied); and if she will make a statement on the matter. [41666/21]

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David Cullinane

Question:

511. Deputy David Cullinane asked the Minister for Education the arrangements in place allowing pregnant teachers who are not considered in a high risk to continue to work from home; if her Department is engaging with teachers and their unions on this matter; if her Department will consider additional supports to protect pregnant teachers; and if she will make a statement on the matter. [41673/21]

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Paul Murphy

Question:

515. Deputy Paul Murphy asked the Minister for Education if she will allow more transparency regarding workplace assessments for high-risk and pregnant staff; and if provisions will be made for these assessments to be completed locally in schools prior to their return given that there have been many appeals of the decisions made by a company (details supplied) that carried out these assessments. [41798/21]

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Paul Murphy

Question:

516. Deputy Paul Murphy asked the Minister for Education if her Department will allow more transparency regarding workplace assessments for high risk and pregnant staff; if she make provisions for these assessments to be completed locally in schools prior to their return given that there has been many appeals of the decisions made by a company (details supplied) who carried out these assessments changing the status of teachers who had previously been considered very high risk to high risk and have refused appeals submitted offering vague explanations for the change in status. [41814/21]

View answer

Brendan Griffin

Question:

518. Deputy Brendan Griffin asked the Minister for Education her views on matters raised in correspondence (details supplied) in respect of the Covid-19 risk for pregnant SNAs and teachers returning to work; and if she will make a statement on the matter. [41835/21]

View answer

Mick Barry

Question:

526. Deputy Mick Barry asked the Minister for Education the measures she will take to protect women in early pregnancy who cannot receive a Covid-19 vaccine in workplaces that involve being exposed to large numbers of persons such as teaching; and if she will make a statement on the matter. [41986/21]

View answer

Mick Barry

Question:

527. Deputy Mick Barry asked the Minister for Education if she will take measures to safeguard the health and safety of teachers who are in early pregnancy and cannot avail of a Covid-19 vaccine yet will be in classrooms with large numbers of unvaccinated persons; and if she will make a statement on the matter. [41987/21]

View answer

Réada Cronin

Question:

531. Deputy Réada Cronin asked the Minister for Education if her Department will publish the scientific opinion and research which shows it is safe for pregnant teachers and SNAs to return to the classroom in the context of the particular risk of Covid-19 to pregnant women (details supplied); and if she will make a statement on the matter. [42012/21]

View answer

Réada Cronin

Question:

532. Deputy Réada Cronin asked the Minister for Education if her Department is examining the possibility of pregnant teachers working from home for as long as possible given that the children they are teaching will be largely unvaccinated and the women themselves at higher risk of complication, ICU admission and stillbirth if they contract the virus though vaccinated themselves; and if she will make a statement on the matter. [42013/21]

View answer

Written answers

I propose to take Questions Nos. 498, 499, 500, 501, 508, 511, 515, 516, 518, 526, 527, 531 and 532 together.

The Government’s ‘Work Safely Protocol’ published on 14th May, 2021 incorporates the current advice on Public Health measures and sets out the procedures required in workplaces to prevent the spread of COVID-19. All employers are required to have an up to date COVID-19 Response Plan in place. The COVID-19 Response Plan details the policies and practices necessary for a school to implement the Government’s ‘Work Safely Protocol’, so as to prevent the introduction and spread of COVID-19 in the school environment. The plan outlines the arrangements in place to ensure a safe workplace for all employees. There is an obligation on the employer to discuss the school’s COVID-19 Response Plan with employees and ensure that all appropriate risk mitigation measures are clearly in place for their protection. The employer has obligations under the Safety, Health and Welfare at Work Act, 2005 to ensure the safety and welfare of staff at work. It is the duty of the employer to carry out a risk assessment to meet these obligations, including workplace pregnancy risk assessments. The employer should also review existing risk assessments to consider any new risks that arise due to the school’s COVID-19 Response Plan.

The evidence available from the operation of schools during COVID-19 to date, shows that schools are low risk environments due to the infection prevention and control measures in place. My Department has been guided by Public Health as to the mitigation measures needed to prevent the spread of COVID-19 in our schools. Public Health has stated that the new variants of the disease do not change the infection prevention and control measures required in schools. The aim of all of the COVID-19 infection prevention and control measures that have been put in place for schools is to support schools to operate safely and prevent the introduction of COVID-19 and also the onward transmission of COVID-19 among the school community. These measures protect pupils, their parents and school staff and are very effective when adhered to. The provision of CO2 monitors for every school will also be an important tool in keeping our schools safe and in addition to the mitigation measures already in place, our staff and students can be confident of returning to safe environments in our schools. As has been the case throughout the pandemic, the reopening of schools for the 2021/22 school year, will be carried out in close consultation with Public Health and the Education Partners.

In February this year, my Department requested that medical specialists thoroughly assess and recommend guidelines for ‘Very High Risk’ and also pregnant employees working in the education sector. At that time, my Department took a precautionary approach and instructed pregnant teachers and special needs assistants (SNAs) to work from home, pending the outcome of this review. The most recent guidance for the education sector was published by the HSE in July 2021 and authored by the Civil Service Chief Medical Officer, Institute of Obstetrics and Gynaecology, Public Health Medicine in HSE and Medmark Occupational Healthcare.

In the particular case of advice around pregnant employees, this advice was prepared in consultation with the Institute of Obstetrics and Gynaecology, the national professional and training body for Obstetrics and Gynaecology in Ireland, as well as other medical and public health professionals.

The HSE guidance for the education sector confirm that pregnant teachers and SNAs can safely attend the workplace in school where all the infection prevention and control measures are in place by implementation of the School COVID-19 Response Plan. This is the case whether or not the pregnant teacher or SNA has been vaccinated. However, all pregnant teachers and SNAs should apply to the Occupational Health Service (OHS) before the end of their first trimester, so that their individual medical circumstances can be assessed in the context of COVID-19. Those with underlying medical conditions may be categorised as ‘Very High Risk’ and be facilitated to work remotely i.e. work from home. For a pregnant teacher or SNA, from 14 weeks gestation and categorised as ‘High Risk’ by the OHS who works in a special education setting, she may in certain circumstances be exposed to a higher risk of contracting COVID-19 and may be facilitated to work outside of the special education classroom.

It is of course open to a pregnant teacher or SNA to discuss their individual medical concerns with their own medical team. Where their treating consultant has concerns over their fitness to work due to a pregnancy-related illness, then the terms and conditions of the Sick Leave Scheme (pregnancy related illness provisions) may apply, outside of the very specific COVID-19 health risk categorisation assessment by the OHS referred to above.

The COVID-19 health risk categorisation assessments are performed by a team of qualified and experienced specialists in occupational medicine. Available medical evidence, including reports from treating consultants as well as vaccination status of employees, are considered during the OHS COVID-19 health risk categorisation assessment process.

My Department’s Circular Letter 0042/2021 details the current working arrangements and leave arrangements during the COVID-19 pandemic for teachers and SNAs employed in recognised primary and post primary schools.

Question No. 499 answered with Question No. 498.
Question No. 500 answered with Question No. 498.
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