Tuesday, 30 Nov 2021

Written Answers Nos. 288-310

Foreign Policy

Questions (288)

Paul Murphy

Question:

288. Deputy Paul Murphy asked the Minister for Defence the position regarding an event being hosted by his Department and the Defence Forces due to take place on 25 November 2021 in a location (details supplied) entitled Support for Enterprise, Research, and Innovation in Defence; and if he and his Department will reflect on the millions of victims of war around the world and call off this event which would see Ireland involved in the business of building weapons systems for profit. [58257/21]

Written answers

Minister for Defence

The event to which the Deputy refers took place as a webinar on Thursday last. Its purpose was to provide information to Irish industry and research institutions on the opportunities for EU funding for research and development projects and engagement in cross-border European programmes and projects in the security and defence domain.

Contributors to the event included the European Commission (Directorate General for Defence Industry and Space) and the European Defence Agency. The event also involved a number of European enterprises sharing their experience of the wide-ranging opportunities that there are for Irish research institutions and industrial entities in the security and defence domain, particularly for exploitation of dual use technologies. Associations representing Defence and Security research and enterprise also participated in the event.

Providing support to Irish companies, especially SMEs, is about developing technologies that keep our Defence Forces safe whether they are on missions and operations overseas or undertaking the range of duties at home in Ireland.

The event, which was very well attended by Irish companies and research institutes, including the higher education sector. The event follows on from the publication last year by my Department and the Defence Forces of a Feasibility Study which, inter alia, identified the value of having a research technology and innovation capability within the Defence Organisation that focuses on technologies at lower technology readiness levels (TRL) that have broad potential utilisation in both the civil and security and defence spheres and on leveraging innovations from the civilian sector in a manner that offers potential benefits for our Defence forces as well as for industry and academia.

The recent establishment of the RTI Unit in Defence has the potential to set a new strategic direction for Defence innovation and collaboration, to drive internal innovation in the Defence Organisation and to contribute to the development of a security and defence dual-use innovation eco-system. The Defence RTI Unit will also support Irish enterprise and research bodies in accessing EU funding streams, including through the European Defence Fund, the EDA and their engagement with European networks and SMEs across the EU.

State Claims Agency

Questions (289)

Catherine Murphy

Question:

289. Deputy Catherine Murphy asked the Minister for Defence the number of cases that the State Claims Agency has processed on behalf of the Air Corps from 2007 to date in 2021; the number of cases that have been settled; and the number that are still open. [58336/21]

Written answers

Minister for Defence

The State Claims Agency (SCA) has delegated authority to manage personal injury claims taken against the Minister for Defence. My Department does not hold the information sought by the Deputy.

The SCA has provided the following information which was extracted from the National Incident Management System (NIMS).

They have advised that they received notification of 80 claims relating to the Air Corps between 01/01/2007 and 31/10/2021.

I am informed that 26 of these claims are currently open and under active management. 54 of these claims have been finalised to date, of which 35 were settled.

Departmental Budgets

Questions (290)

Catherine Murphy

Question:

290. Deputy Catherine Murphy asked the Minister for Defence the way in which his Department’s annual amount for contingent liability is set; the factors considered when setting contingent liability; if forecasting is undertaken regarding setting future amounts; the contingent liability figure for his Department for 2021; if the contingency provision has been utilised to date in 2021; and if the Air Corps maintains a contingent liability within its own budget. [58338/21]

Written answers

Minister for Defence

Vote 36 Defence is managed through a single programme with all operational outputs delivered from a single set of forces encompassing the Army, Air Corps and Naval Service. Public Financial Procedures set out that a contingent liability arises in any situation where past or current actions or events create a risk of a call on Exchequer funds in the future. Contingent liabilities are disclosed by way of a note to the Appropriation Account. My Department has internal financial and risk assessment processes in place which seek to identify any contingent liabilities. No contingent liability has been identified to date for 2021.

Defence Forces

Questions (291)

Catherine Murphy

Question:

291. Deputy Catherine Murphy asked the Minister for Defence if his attention has been drawn to the details of a report (details supplied); and if he has consulted with the State Claims Agency and or the Health and Safety Authority in respect of the contents of the report. [58339/21]

Written answers

Minister for Defence

I wish to assure the Deputy that the health and welfare of the men and women of the Defence Forces is a high priority for me, my Department, and the military authorities.

Given this priority, the former Minister ensured that allegations relating to exposure to chemical and toxic substances whilst working in the Air Corps in Baldonnel were independently reviewed. The independent report which was produced, and to which the Deputy refers, considered the Defence Forces health and safety regime, its current policy and its application and made a number of observations including in relation to documentation, health surveillance, and exposure to monitoring. The report was published on the Department's website following its circulation to those who made disclosures and is therefore available to the agencies referred to by the Deputy.

The Deputy may wish to note that separately from the independent review, following three inspections at Casement Aerodrome, Baldonnel during 2016, the Health and Safety Authority (HSA) issued a Report of Inspection to the Air Corps on 21 October, 2016. This report listed a number of advisory items for follow up, including the areas of risk assessments, safety statements and the provision and use of personal protective equipment.

The resultant Air Corps improvement plan confirmed the Air Corps' full commitment to implementing improved safety measures that protect workers and ensure risks are as low as reasonably practicable.

The Air Corps improvement plan was implemented over eight phases, which the military authorities have advised are now complete, with phase eight, chemical awareness training and respiratory equipment training, being a continuous process.

The HSA has formally noted the high level of cooperation received and the considerable progress made to date by the Air Corps in this regard and their investigation is now closed.

A wide range of other measures are in place to ensure the health and safety of those serving in the Air Corps including monitoring exposure levels, conducting annual occupational medical screening, audits and training.

The Air Corps and the wider Defence organisation is committed to complying with health and safety legislation. The organisation is proactive in ensuring that the best standards are adhered to in order to ensure that the risk to human health is as low as reasonably practicable.

The Deputy will appreciate that as litigation is on-going, managed by the State Claims Agency on behalf of my Department, it would be inappropriate for me to comment further.

Air Corps

Questions (292)

Alan Kelly

Question:

292. Deputy Alan Kelly asked the Minister for Defence if there are plans to replace AW139 aircraft in the Air Corps fleet in 2022. [58416/21]

Written answers

Minister for Defence

My priority as Minister for Defence is to ensure that the operational capability of the Army, Air Corps and Naval Service is maintained and developed. This is to enable the Defence Forces to carry out the roles assigned by Government, as set out in the White Paper on Defence. Equipment priorities for the Army, Air Corps and Naval Service are being considered in the context of the lifetime of the White Paper on Defence as part of the capability development and Equipment Development Planning (EDP) process.

In this context, the principal aim over the period of the White Paper is to replace and upgrade, as required, capabilities in order to retain a flexible response for a wide range of operational requirements at home and overseas. The Department of Defence has received a capital allocation under the National Development Plan of €566m over the 2022-2025 timeframe. Within that capital allocation the Defence annual capital budget for 2022 is €141m. This will enable continued investment in defence equipment, including major platforms, and barracks infrastructure.

In relation to air-based capability, my immediate priorities have been the acquisition of three Pilatus PC-12 aircraft in the Intelligence, Surveillance, Target Acquisition and Reconnaissance (ISTAR) role and to acquire two Airbus C295 maritime patrol aircraft. An additional PC-12 was also acquired in response to the Covid 19 situation. A contract for the supply of two C295 Maritime Patrol Aircraft was signed with Airbus Defence and Space in December 2019, with delivery of the aircraft expected in 2023. Some €276 million, including VAT, has been committed to the acquisition of all of these enhanced capabilities.

The current AW139’s were brought into service in 2006 and have a planned service life of approx 20 years. There are no plans to change the AW139 fleet in 2022. The future maintenance and development of the Air Corps fleet will be considered as part of the Equipment Development Plan review process.

The Government established an independent Commission on the Defence Forces in December 2020, with a mandate to report within 12 months. The work of the Commission encompasses the consideration of appropriate military equipment capabilities, structures and staffing, and their report will inform decisions regarding the future development of the Defence Forces.

I am satisfied that the Defence Forces have a modern and effective range of equipment which is line with best international standards, to enable them to meet operational requirements.

Naval Service

Questions (293)

Alan Kelly

Question:

293. Deputy Alan Kelly asked the Minister for Defence if there are plans to replace LÉ Eithne and LÉ Ciara naval ships in 2022. [58417/21]

Written answers

Minister for Defence

My priority as Minister for Defence is to ensure that the operational capability of the Army, Air Corps and Naval Service, is maintained and developed to enable the Defence Forces to carry out their roles as assigned by Government, including overseas deployments.

The Naval Service is the State's principal sea-going agency and is tasked with a variety of defence and other roles. There are nine ships in the fleet, with LÉ Eithne and LÉ Orla currently in operational reserve while LÉ Niamh has commenced a mid-life refit and upgrade programme.

The White Paper on Defence sets out an ambitious programme of capital investment in the Naval Service. The Defence Equipment Development Plan (EDP) provides a comprehensive list of planned equipment projects which will be progressed over five years. This plan builds on the intentions set out in the White Paper in relation to equipment acquisition, modernisation and upgrade and has been developed to ensure that our Defence Forces have the major equipment platforms, ancillary equipment and force protection equipment to carry out their important roles both at home and overseas.

The replacement of the flagship LÉ Eithne with a multi-role vessel, MRV, is an important element of the EDP and is provided for in the Government's National Development Plan as a major capital project. It is the intention that this new vessel will provide a flexible and adaptive capability for a wide range of maritime tasks.

Following a public tender competition, Marine Advisors have been appointed to support the procurement of the MRV. This work is now underway and will inform a public tender competition in due course.

Projects for other vessel replacements are being considered over the lifetime of the White Paper on Defence in the context of overall capability development and funding along with the overall EDP process.

Defence Forces

Questions (294)

Sorca Clarke

Question:

294. Deputy Sorca Clarke asked the Minister for Defence the number of new horses that joined the Defence Forces school of equitation in 2020 and to date in 2021; the number of horses that left the school of equitation in 2020 and to date in 2021; and if funding has been provided in 2022 to purchase additional horses. [58512/21]

Written answers

Minister for Defence

The mission of the Army Equitation School is to promote the Irish Horse through participation in international competition at the highest level. The Army Equitation School has discharged this task with considerable distinction down through the years and, through its participation and numerous successes in equitation events at home and abroad, it has successfully promoted the qualities of the Irish Horse.

The Army Equitation School continues to source suitable Irish bred horses that meet the required standard as judged by the School's Horse Purchase Board. Horses are acquired through either purchase or lease agreement.

In 2020 three (3) new horses were purchased and one (1) horse leased by the School. The School have purchased four (4) horses to date in 2021 and also leased one (1) additional horse.

Five (5) horses left the Equitation School in 2020 with an additional two horses leaving the School to date in 2021.

The School currently has a stock of 39 horses made up of show jumpers and eventers.

The School’s budget allocation in 2021 for horse acquisitions was set at €450,000. While the budget has not yet been set for horse purchases in 2022, I am satisfied that the current arrangements allow the School to maintain its competitiveness at national and international events.

Planning Issues

Questions (295)

Paul Murphy

Question:

295. Deputy Paul Murphy asked the Minister for Defence if his Department plans to appeal a decision in relation to the attached objection from his Department lodged against a development in Citywest which features a 13-storey building and has been granted permission by An Bord Pleanála; and if not, the reason given it is on the flight path used by SAR helicopters when ferrying patients to Tallaght Hospital from the west of the country. [58683/21]

Written answers

Minister for Defence

I am advised that there is no appeal mechanisms available to An Bord Pleanala’s decision to grant consent. My Department, with the military authorities, is actively considering the implications of this decision and is currently seeking legal advises on same. In the circumstances, I am not in a position to comment further.

Defence Forces

Questions (296)

Aengus Ó Snodaigh

Question:

296. Deputy Aengus Ó Snodaigh asked the Minister for Defence if he has responded to or engaged recently with a former member of the Defence Forces in relation to emails sent to his office regarding serious sexual abuse within the Defence Forces (details supplied); and if he will make a statement on the matter. [59026/21]

Written answers

Minister for Defence

It is acknowledged that my Department receives correspondence on a continuous basis from the named person. The correspondence has been addressed by way of reply appropriate to the individual issues raised by him. Some of the issues raised by him are beyond my policy brief as Minister for Defence and this person has been so advised. I am ware that there has also been correspondence between him and an Garda Síochána. His correspondence continues to be assessed for appropriate reply. The Secretary General of the Department has met twice with the named individual.

Covid-19 Pandemic

Questions (297)

Jim O'Callaghan

Question:

297. Deputy Jim O'Callaghan asked the Minister for Education the steps that have been taken and may be taken to protect pregnant teachers and pregnant special needs assistants who may be exposed to Covid-19 during the course of their work; and if she will make a statement on the matter. [58350/21]

Written answers

Minister for Education

My Department has always been guided by public health advice in relation to appropriate COVID-19 infection prevention and control measures in place in schools. These measures protect students, their parents and school staff and are very effective to help prevent and control COVID-19 in schools. The vast majority of teachers and staff have now been vaccinated. The very high rates of take up of the vaccines across society has been encouraging and reassuring. My Department will continue to work closely with public health officials and the education stakeholders in respect of the safe operation of schools during COVID-19.

The most up to date guidance for pregnant teachers and special needs assistants in 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. 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 special needs assistants 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 special needs assistant has been vaccinated.

However, all employees 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. 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.

It is of course open to a teacher or special needs assistant 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.

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

Earcaíocht san Earnáil Phoiblí

Questions (298, 361)

Aengus Ó Snodaigh

Question:

298. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Oideachais cén fáth nár áiríodh inniúlacht sa Ghaeilge sa bhfógra do phost an Ard-Rúnaí sa Roinn Oideachais a bhfuil an 9 Nollaig mar dháta deiridh. [59024/21]

Aengus Ó Snodaigh

Question:

361. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Oideachais an síleann sí nár mhór Gaeilge a bheith ag Ard-Rúnaí na Roinne Oideachais chun a chuid dualgas i leith na teanga náisiúnta a chomhlíonadh i bhfianaise a lárnaí is atá sí sa chóras oideachais. [59023/21]

Written answers

Minister for Education

Molaim Ceisteanna Uimh. 298 agus 361 a fhreagairt le chéile.

Tá an próiseas ó thaobh Ard-Rúnaí nua a earcú á stiúradh ag an gCoiste um Cheapacháin Ardleibhéil. Tá an sainchuntas ar an bpost seo bunaithe ar chreat inniúlachta an Choiste um Cheapacháin Ardleibhéil chun Ard-Rúnaithe sa Státseirbhís a cheapadh.

Beidh an té a cheapfar mar Ard-Rúnaí freagrach as bainistiú agus ceannaireacht a dhéanamh ar mo Roinnse. Leagtar amach i gClár an Rialtais agus i Ráiteas Straitéise mo Roinne na gealltanais i ndáil leis an nGaeilge sa chóras oideachais agus beidh mé ag obair le pé duine a roghnófar mar Ard-Rúnaí d'fhonn an cúram seo a chur ar aghaidh agus chun tacú le Straitéis 20 Bliain an Rialtais don Ghaeilge a chur i ngníomh.

School Transport

Questions (299)

Eoin Ó Broin

Question:

299. Deputy Eoin Ó Broin asked the Minister for Education the reason for the delay in the provision of the school transport service in relation to a school (details supplied); the steps that are being taken to ensure children in attendance have transport as soon as possible; and if she will provide a clear timeframe as to when transport will commence for the children. [58259/21]

Written answers

Minister for Education

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the 2020/2021 school year over 114,100 children, including over 14,700 children with special educational needs, were 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).

When applications are approved by the Department of Education, Bus Éireann assesses the transport options available, taking into account the individual requirements of each child. Where children can be facilitated on an existing service, applications are processed as soon as possible and arrangements put in place with the families involved.

My Department can confirm that it has recently received 26 transport applications for pupils attending the school in question. All parties involved are working together to process these applications as speedily as possible with a view to providing the new services to the families concerned in the shortest possible timeframe.

My Department has to date sanctioned transport for 25 pupils involving a number of new SEN services. These services are currently being tendered by Bus Éireann in line with the procurement process. A Special Transport Grant has been offered to the family of the remaining pupil.

Both the Department and Bus Éireann are very conscious of the challenges faced by parents awaiting transport for students with special educational needs. Families of children who are eligible for special educational needs school transport may therefore avail of the Special Transport Grant towards the cost of private transport arrangements until services are finalised.

School Facilities

Questions (300, 301)

Eoin Ó Broin

Question:

300. Deputy Eoin Ó Broin asked the Minister for Education if she will provide a clear timeline for the provision of an adequately resourced sensory room at a school (details supplied). [58260/21]

Eoin Ó Broin

Question:

301. Deputy Eoin Ó Broin asked the Minister for Education if she will provide a clear timeline for the provision of an adequately resourced outdoor play area at a school (details supplied). [58261/21]

Written answers

Minister for Education

I propose to take Questions Nos. 300 and 301 together.

I wish to advise the Deputy that a sensory room has been provided as part of the extensive development undertaken at the school in question. My Department is currently liaising with the principal in relation to the fit out of this room.

In addition, and as part of the development, a well equipped secure play area has been provided with separate Junior and Senior areas with soft play surface and play equipment.

Question No. 301 answered with Question No. 300.

School Facilities

Questions (302)

Dara Calleary

Question:

302. Deputy Dara Calleary asked the Minister for Education if an application for improvements to an autism spectrum disorder, ASD, unit and improvements to a sensory room at a school (details supplied) is been processed; and if she will make a statement on the matter. [58281/21]

Written answers

Minister for Education

I can confirm to the Deputy that my Department received an application for capital funding, under the Additional School Accommodation (ASA) scheme from the school authority referred to by the Deputy.

My Department officials have recently corresponded with the school authorities and on receipt of their response the application will be assessed. A decision will then issue to the school authority directly.

The purpose of the ASA scheme is to ensure that essential mainstream classroom and Special Education Needs (SEN) accommodation is available to cater for pupils enrolled each year, where the need cannot be met by the school’s existing accommodation.

At primary level, this situation generally arises to cater for a school’s accommodation requirements where an additional teaching post has been sanctioned by Teacher Allocation Section, or a new SEN class has been sanctioned by the NCSE, and all available alternative accommodation within the school is already being used for classroom purposes.

The main focus of resources over the last decade and for the coming period is on provision of additional capacity to cater for increasing demographics. The second half of the National Development Plan will see an increasing focus on the upgrade and refurbishment of the existing school stock.

In addition to the ASA scheme, schools may apply for funding to address a range of capital works under the Summer Works and Emergency Works schemes while funding is also available under the Furniture and Equipment schemes. Further details on these schemes are available on gov.ie.

School Staff

Questions (303)

Cathal Crowe

Question:

303. Deputy Cathal Crowe asked the Minister for Education if she will intervene in the case of a teacher (details supplied) who has been overpaid and wishes to avail of tax relief. [58293/21]

Written answers

Minister for Education

I wish to advise the Deputy, that notwithstanding the fact that overpayments may sometimes arise, in circumstances where the person who has received the extra payment is not at fault in creating the overpayment, Department officials do not have discretion to waive, or exempt overpayments from recovery.

Departments and Offices have an obligation to put repayment plans in place for all overpayments, regardless of how they have occurred.

The Department of Education’s Policy and Procedures for dealing with the recovery of Overpayments of Salary or Pension are set out in DE Circular 084/2015.

Circular 84/2015 notes that all overpayments should be repaid as soon as possible and also sets out the options which are available to persons to make repayments.

The Department of Public Expenditure and Reform Circular 07/2018 notes that Departments and Offices are under an obligation to seek to recover the amount of the overpayment and to correct the mistake in the disbursement of public monies, subject to relevant procedures and practices in Government accounting. Staff members/former staff members/pensioners have a reciprocal obligation to repay.

I can advise the Deputy that officials from the Post Primary payroll section of my Department have again been in contact with the teacher concerned, in order to explain the position, and to seek to put in place a repayment option which could minimise the financial impact for the teacher concerned, to the greatest extent possible.

Special Educational Needs

Questions (304)

Róisín Shortall

Question:

304. Deputy Róisín Shortall asked the Minister for Education if she will respond to a campaign by an organisation (details supplied) which calls for a review of the minimum essential qualification requirements for becoming a special needs assistant; if her Department plans to increase the minimum entry requirements for SNA positions in view of the expertise necessary for this complex role; and if she will make a statement on the matter. [58294/21]

Written answers

Minister of State at the Department of Education

Special Needs Assistants (SNAs) play a huge role in helping to ensure the inclusion of pupils with significant care needs in education and in school life. This was acknowledged in the Comprehensive Review of the Special Needs Assistant Scheme (SNAs) published by the National Council for Special Education (NCSE) in 2018.

The Review made a number of recommendations regarding SNAs including referencing the training needs of SNAs. In this regard, the NCSE recommended that a new national training programme at Level 5 of the National Qualification Framework be developed for existing SNAs who do not have the requisite level of training and for new SNAs on appointment. The NCSE also recommended that training tailored to the specific complex needs of some students being cared for by SNAs would also be provided.

The policy advice has been considered by the Department. It was decided that priority should be given to the development of a training programme for SNAs who may not have had a recent opportunity to access a training programme tailored to their role. The new first national training course for SNAs provided by UCD aims to enhance the knowledge, skills and expertise of SNAs whose work is central to the inclusion of students with additional care and complex needs in school life. The programme is fully funded by the Department and delivered at no cost to the SNA.

This is the first national training programme for SNAs employed in schools and is tailored to their needs. As this is the first programme, it is appropriate to take the time to review outcomes which will inform the future approach to ongoing training and professional development of SNAs. Part of that consideration will include accreditation.

The organisation's claim in relation to raising the minimum qualification for appointment as a special needs assistant has been referred to the Workplace Relations Commission and the Department has been engaging in that process.

The recruitment and appointment of Special Needs Assistants is a matter for the individual school authority and the Department's circular 36/2020 and 51/2019 sets out the current educational requirements for appointment as a Special Needs Assistant (SNA). In addition, the actual requirements for a post will vary depending on the specific needs of the children and the school to which the SNA is to be appointed. The Department does not believe that the existing minimum qualifications have impacted on the calibre of person appointed and it is also the case that people with experience and/or higher qualifications than the minimum are often the successful candidate in competitions held by schools.

However, having considered the claim and, in particular, the period of time since the minimum qualifications were set, the Department has indicated to the organisation that it is open to reviewing the position. The Department is not yet in a position to indicate when that review might take place but is of the view that the forthcoming review of the SNA contract proposed as part of the Building Momentum national pay agreement should be carried out and implemented first.

School Patronage

Questions (305)

Carol Nolan

Question:

305. Deputy Carol Nolan asked the Minister for Education if there are no proposals to prohibit denominational schools from teaching according to the characteristic spirit or ethos of the school; and if she will make a statement on the matter. [58301/21]

Written answers

Minister for Education

The Education Act 1998 provides that boards of management of schools shall manage schools on behalf of patrons while “upholding the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school”

Department of Education Circular 27/2010 requires that schools have a policy for RSE which has been developed in consultation with teachers, parents and guardians, members of Boards of Management and students. The schools must teach all aspects of the RSE programme, including family planning, sexually transmitted infections and sexual orientation.

The circular provides that all aspects of the programme can and should be taught within the ethos and value system of the school as expressed in the school RSE policy. However, it should be emphasised that elements of the programme cannot be omitted on the grounds of school ethos, but ethos may influence how that content is treated.

Access to RSE is an important right for students. Schools have a responsibility to provide for this vital aspect of education to young people. Importantly, a school’s RSE programme should be planned in consultation with parents.

The entire focus of RSE is on preparing young people for adult life, on emphasising the importance of respect for themselves and each other, developing healthy relationships, understanding the importance of consent and helping young people to develop and mature in a positive light. This will be done in a manner that is appropriate to the age of children.

Relationships and Sexuality Education (or RSE) is required at all levels, from primary through to Senior Cycle. The Department has set out the content for each of these programmes in SPHE syllabuses and guidelines.

The Programme for Government states that this Government will develop inclusive and age appropriate curricula for Relationships and Sexuality Education (RSE) and Social, Personal and Health Education (SPHE) across primary and post-primary schools, making appropriate legislative changes, if necessary.

School Patronage

Questions (306)

Carol Nolan

Question:

306. Deputy Carol Nolan asked the Minister for Education the details of the number of complaints made to her Department from 2011 to date involving the issue of school ethos, including the way in which the ethos of the school has shaped the teaching of relationship and sexuality education; and if she will make a statement on the matter. [58302/21]

Written answers

Minister for Education

The records of my Department show that during the period from 2011 to date of request, 60 communications have been received which feature complaints involving a perceived restriction on the teaching of Relationships and Sexuality Education as a result of the ethos (or characteristic spirit) of schools.

The Education Act 1998 provides that boards of management of schools shall manage schools on behalf of patrons while “upholding the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school”

Department of Education Circular 27/2010 requires that schools have a policy for RSE which has been developed in consultation with teachers, parents and guardians, members of Boards of Management and students. The schools must teach all aspects of the RSE programme, including family planning, sexually transmitted infections and sexual orientation.

The circular provides that all aspects of the programme can and should be taught within the ethos and value system of the school as expressed in the school RSE policy. However, it should be emphasised that elements of the programme cannot be omitted on the grounds of school ethos, but ethos may influence how that content is treated.

Access to RSE is an important right for students. Schools have a responsibility to provide for this vital aspect of education to young people. Importantly, a school’s RSE programme should be planned in consultation with parents.

The entire focus of RSE is on preparing young people for adult life, on emphasising the importance of respect for themselves and each other, developing healthy relationships, understanding the importance of consent and helping young people to develop and mature in a positive light. This will be done in a manner that is appropriate to the age of children.

Relationships and Sexuality Education (or RSE) is required at all levels, from primary through to Senior Cycle. The Department has set out the content for each of these programmes in SPHE syllabuses and guidelines.

The Programme for Government states that this Government will develop inclusive and age appropriate curricula for Relationships and Sexuality Education (RSE) and Social, Personal and Health Education (SPHE) across primary and post-primary schools, making appropriate legislative changes, if necessary.

School Curriculum

Questions (307, 308)

Carol Nolan

Question:

307. Deputy Carol Nolan asked the Minister for Education if parents of pre and post-primary school children retain the right to voluntarily withdraw their children from relationships and sexuality education classes in situations in which they believe the curriculum content is not appropriate or conflicts with their values; and if she will make a statement on the matter. [58303/21]

Carol Nolan

Question:

308. Deputy Carol Nolan asked the Minister for Education if there are provisions in international human rights declarations, covenants or treaties that obligate school-going children to attend relationships and sexuality education classes even in cases in which such attendance conflicts with the values or beliefs of the children’s parents; and if she will make a statement on the matter. [58304/21]

Written answers

Minister for Education

I propose to take Questions Nos. 307 and 308 together.

Access to sexual and health education is an important right for students. Social, Personal and Health Education is a mandatory curriculum subject in all primary schools and in post-primary Junior Cycle. RSE is required at all levels, from Primary through to Senior Cycle. The Department has set out the content for each of these programmes in SPHE syllabuses and guidelines.

The purpose of the primary level SPHE curriculum is to foster the personal development, health and well-being of the individual child, to help them to create and maintain supportive relationships and to enable children make safe and healthy decisions now and in the future.

All schools are required to have an RSE policy that is developed in consultation with the school community, including school management, parents, teachers and students as appropriate. The school’s programme for Relationship and Sexuality Education is developed and taught in the context of the school’s RSE policy. It is important to note that the ethos of the school should never preclude learners from acquiring the knowledge about the issues, but ethos may influence how that content is treated.

In accordance with Section 30 of the Education Act, 1998, parents have a right to have their children opt out of classes which are contrary to the conscience of the parent if they so wish. It is expected that this right be upheld by schools on foot of a parental request. The school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.

Question No. 308 answered with Question No. 307.

Schools Building Projects

Questions (309)

James Lawless

Question:

309. Deputy James Lawless asked the Minister for Education the status of an extension for a school (details supplied); and if she will make a statement on the matter. [58316/21]

Written answers

Minister for Education

I can confirm to the Deputy that the school referred to was approved for a project under my Department's Additional Accommodation Scheme. This project was to provide for 5 Mainstream Classrooms with standard WCs, 4 Mainstream Classrooms with standard WCs (Prefab Replacement), 1 WC for assisted users, 2 Science Labs with 1 Prep Area and 1 Art & Crafts Room.

Refurbishment works to existing accommodation to create a one classroom SEN Base for September 2022 were also approved to construction, along with approval to purchase three prefabs that are currently on site.

A site visit was carried out on the 12th November 2021 by Department officials and my Technical Team. Agreement was reached on a new brief which includes a further two additional classrooms, one multimedia room, one textile room, two pastoral offices, refurbishment works to the existing accommodation to create a two classroom SEN base, refurbishment works to a canteen building to be reviewed by the existing design team on the feasibility of renovating this building to accommodate a Library. It was also agreed that 4 additional temporary classrooms are required for September 2022 to facilitate the start-up of the 2 special classes and construction of the permanent extension.

It has taken some time to co-ordinate a complete review of this project. However, with a full brief now established that will meet the needs of this school into the future, my Department will endeavour to work with the delivery body, the Board of Management of the school, in order to progress this project in as expeditious a manner as possible.

School Admissions

Questions (310)

Peadar Tóibín

Question:

310. Deputy Peadar Tóibín asked the Minister for Education if she will provide secondary school places to all children who have applied in the Trim, County Meath area (details supplied). [58323/21]

Written answers

Minister for Education

The Department is aware of some local pressures and demand for additional post-primary school places in a number of school planning areas across the country, including Trim.

However, it is important to note that where enrolment pressures 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, they are not available to all pupils.

- External draw – pupils coming from outside the local area.

My Department is working to establish the true extent of any capacity issues through ongoing discussions with the relevant school authorities. In that context, similar to the process adopted in advance of the current academic year, the Department is engaging with school patron bodies to identify particular capacity requirements for the forthcoming year(s) which may necessitate action including, where required, the provision of modular accommodation solutions.

This engagement with patrons/school authorities is ongoing and is focussed on ensuring that the start of the 2022/23 school year operates as smoothly as possible for all schools and their students.