Written Answers Nos. 81-100
81. Deputy Catherine Connolly asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 51 of 29 June 2023, the number of employment permits issued in respect of non-EEA home care workers since the start of January 2023; the number of applications refused; the number of applications pending; and if he will make a statement on the matter. [44242/23]
View answerFollowing the changes announced by my department in December 2022 to address the skills shortages in Ireland's home care sector, a quota of 1,000 general employment permits in respect of care workers and home carers was established.
The number of employment permits issued and refused in this category since January 2023 is set out below.
|
Month of issue |
Number issued |
Number refused |
Grand Total |
|
January |
3 |
3 |
|
|
February |
13 |
1 |
14 |
|
March |
34 |
5 |
39 |
|
April |
10 |
10 |
|
|
May |
45 |
45 |
|
|
June |
41 |
3 |
44 |
|
July |
40 |
40 |
|
|
August |
37 |
2 |
39 |
|
September |
38 |
5 |
43 |
|
Up to 5 October |
5 |
1 |
6 |
|
Total |
263 |
20 |
283 |
The approximate number of applications awaiting processing are outlined in the table below. As the standard occupational classification (SOC) code is only applied to the application at processing stage, it is not possible to give an exact number, the numbers below are an approximate estimate (based on a keyword search).
|
Applications received awaiting processing |
Healthcare Assistant (Home Carer) |
5 |
|
Home Care |
1 |
|
|
Home Care Assistant |
10 |
|
|
Home Carer |
6 |
|
|
Home Support Worker |
4 |
|
|
Awaiting Information |
Home Carer |
1 |
|
Grand Total |
27 |
82. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment the status of an application by a person (details supplied); and if he will make a statement on the matter. [44282/23]
View answerThe Employment Permits Section of my Department informs me that a Critical Skills Employment Permit application for the person concerned in the details supplied was received on 29th September 2023. The application concerned is currently awaiting processing.
As of 6th October 2023, the Employment Permits section are processing new applications in respect of standard employers received on 11th September. Therefore, it is expected that the application concerned will be considered in the next few weeks.
The Employment Permits Section of the Department notes that a previous application for the individual concerned in the details supplied was refused. The refusal reasons were explained to the applicant in the refusal letter that issued. The new application must include all the required documentation as outlined in the previous refusal letter and offer the correct remuneration for the permit type in order to be successful.
Processing dates for all permit types are available on the Department's website at Current processing dates - DETE (enterprise.gov.ie)
83. Deputy Mark Ward asked the Minister for Enterprise, Trade and Employment if he will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of his Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if he will make a statement on the matter. [44328/23]
View answerIn respect of matters which are the responsibility of my Department there is one relevant judgement in the time period specified.
It relates to Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on certain rights related to copyright in the field of intellectual property ("the 2006 Directive").
In 2019, the High Court referred four legal questions to the Court of Justice of the European Union (CJEU) seeking clarification on matters related to the interpretation and transposition into national law of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property ("the 2006 Directive").
The CJEU delivered its judgement in September 2020 which confirmed that the State has not discharged fully its international obligations regarding Article 4(1) and Article 15(1) of the World Intellectual Property Organisation Performances and Phonograms Treaty (WPPT) or the Rome Convention.
In addition, clarification was provided by the CJEU regarding elements of the 2006 Directive, the result of which also impacts other Member States, and which will require amendments to our national legislation. As a result of the judgement, the European Commission has undertaken a detailed study in this area and is currently undertaking a stakeholder consultation on the topic. The results of this study, along with the finding of a consultation with stakeholders by the Commission at EU level, may potentially result in the Commission identifying a requirement for amendments to EU legislation.
My Department has not been subject to any fines and/or penalties as a result of this judgement. In order to address the findings of the CJEU, legislative amendments to the Copyright and Related Rights Act 2000 (as amended) (the ‘CRRA’) will be brought forward in due course.
84. Deputy Niamh Smyth asked the Minister for Enterprise, Trade and Employment the timeframe for the visas of non-working EEA nationals to be processed; the number of visas of working non-EEA nationals that have been awarded and declined in counties Cavan and Monaghan since March 2020; and if he will make a statement on the matter. [44140/23]
View answerThe processing dates for employment permits in respect of non-EEA nationals are set out below (information collated on 6 October).
New employment permit applications in respect of standard employers - 11 September 2023.
New employment permit applications in respect of trusted partner employers - 14 September2023.
Renewal applications in respect of standard employers - 12 September 2023.
Renewal applications in respect of trusted partner employers – 14 September 2023
Standard critical skills applications – 11 September 2023.
Trusted partner critical skills applications - 13 September 2023.
The number of Employment Permits Issued, refused and withdrawn for the counties Cavan and Monaghan from March 2020 to September 2023 is as follows:
|
Year of Issue |
Month of issue |
Issued |
Issued |
Refused |
Refused |
Withdrawn |
Withdrawn |
Grand Total |
|
2020 |
Cavan |
Monaghan |
Cavan |
Monaghan |
Cavan |
Monaghan |
||
|
March |
6 |
1 |
7 |
|||||
|
April |
18 |
18 |
||||||
|
May |
9 |
3 |
1 |
13 |
||||
|
June |
12 |
12 |
||||||
|
July |
3 |
2 |
5 |
|||||
|
August |
3 |
1 |
1 |
5 |
||||
|
September |
6 |
1 |
7 |
|||||
|
October |
17 |
15 |
32 |
|||||
|
November |
12 |
19 |
1 |
32 |
||||
|
December |
14 |
9 |
1 |
24 |
||||
|
2021 |
January |
10 |
2 |
12 |
||||
|
February |
4 |
2 |
1 |
7 |
||||
|
March |
6 |
2 |
8 |
|||||
|
April |
15 |
5 |
1 |
4 |
25 |
|||
|
May |
7 |
4 |
11 |
|||||
|
June |
18 |
2 |
20 |
|||||
|
July |
25 |
10 |
35 |
|||||
|
August |
11 |
13 |
24 |
|||||
|
September |
8 |
17 |
2 |
27 |
||||
|
October |
4 |
7 |
11 |
|||||
|
November |
26 |
8 |
1 |
35 |
||||
|
December |
15 |
17 |
2 |
1 |
35 |
|||
|
2022 |
January |
21 |
9 |
30 |
||||
|
February |
9 |
47 |
56 |
|||||
|
March |
14 |
6 |
1 |
2 |
23 |
|||
|
April |
20 |
6 |
26 |
|||||
|
May |
25 |
13 |
2 |
40 |
||||
|
June |
40 |
5 |
2 |
1 |
48 |
|||
|
July |
20 |
4 |
1 |
2 |
2 |
29 |
||
|
August |
9 |
1 |
1 |
11 |
||||
|
September |
9 |
5 |
1 |
15 |
||||
|
October |
10 |
6 |
1 |
17 |
||||
|
November |
10 |
1 |
1 |
1 |
1 |
14 |
||
|
December |
6 |
6 |
1 |
13 |
||||
|
2023 |
January |
5 |
3 |
8 |
||||
|
February |
2 |
3 |
5 |
|||||
|
March |
2 |
1 |
1 |
4 |
||||
|
April |
3 |
1 |
1 |
5 |
||||
|
May |
5 |
1 |
6 |
|||||
|
June |
3 |
2 |
1 |
1 |
7 |
|||
|
July |
3 |
1 |
1 |
5 |
||||
|
August |
3 |
1 |
4 |
|||||
|
September |
1 |
1 |
2 |
|||||
|
Grand Total |
469 |
260 |
13 |
13 |
15 |
3 |
773 |
85. Deputy Joe Flaherty asked the Minister for Enterprise, Trade and Employment if he has plans for any further supports to help businesses coping with increased costs; and if he will make a statement on the matter. [43191/23]
View answerOver recent years, the Government has deployed a wide array of supports to assist Ireland’s enterprise sector with shocks ranging from Brexit to COVID-19, to supply change disruption and to rising energy costs associated with the crisis in Ukraine. These measures have included a number of non-repayable grant, tax waiver or tax rebate cashflow support schemes for business. These include the Covid-era Commercial Rates grant and waiver schemes, the Restart Grant, and Small Business Assistance Scheme for Covid (SBASC); the Temporary Business Energy Support Scheme (TBESS); and the Ukraine Enterprise Crisis Scheme. In addition, the Business Users Support Scheme for Kerosene (BUSSK), launched in September 2023, provides assistance to businesses impacted by significant increases in the cost of kerosene heating oil.
Furthermore, many of the measures brought forward as part of this budget by my colleagues Ministers McGrath and Donohoe have been specifically designed to cushion the impacts on SMEs from rapidly increasing energy costs, the cost of wages, inflation, the introduction of a living wage and other similar government-based initiatives.
In particular, the €250 million that has been allocated to the new Increased Cost of Business Scheme (ICOB) will provide a welcome relief and a cash injection to shops and small businesses, many of which are at the heart of our towns and main streets across the country. Whilst the full details of the payment are being finalised, it is intended that the payment will be tiered with grants of up half of the rates paid in 2023 by the businesses concerned. The grant payments will be made in early 2024. The aim of the ICOB scheme is to assist businesses in tackling the increasing costs of doing businesses arising as a result of rising input costs (including energy), the increasing cost of wages, inflation, and other factors. This scheme will be administered through the local authorities and will provide a targeted refund to approximately 130,000 micro and small businesses, equating to 87% of rated businesses and excluding all but larger businesses.
Additionally, taxation measures including the announcement of the new targeted Angel Investment Scheme, the increase in the rate of the Research and Development Tax Credit from 25% to 30% and changes in payment thresholds, changes to VAT thresholds to account for inflation, and changes to the Employment Investment Incentive Scheme are all welcome measures for business.
86. Deputy Paul Kehoe asked the Minister for Enterprise, Trade and Employment for an update on the code of practice for remote working; and when implementation is to be expected; and if he will make a statement on the matter. [44379/23]
View answerThe right to request remote working will be available to all employees under the Work Life Balance and Miscellaneous Provisions Act 2023. Under the Act, flexible working arrangements such as adjusted working patterns or reduced hours, will be available to parents and carers.
Under the Act, employers will be obliged to have regard to a Code of Practice when considering applications for flexible and remote working arrangements. Employees will be able to refer a dispute to the Workplace Relations Commission (WRC) where an employer fails to meet their obligations under the Act.
Work on the development of the Code of Practice is ongoing in the WRC since a public consultation closed in June of this year. The WRC have reviewed the consultation submissions received, as well as other relevant policy documents, research, and best practice in other jurisdictions as part of finalising a working draft Code.
I understand a working group has been established and a first meeting, attended by representatives from ICTU and Ibec, was held on 5th October at the WRC. It is anticipated that the group will meet every 2 weeks in order to complete the Code.
It is intended that the remote working provisions of the Act will be commenced as soon as practicable, following the completion of the Code.
87. Deputy Colm Burke asked the Minister for Enterprise, Trade and Employment if he will consider extending the quota of meat processor operatives under general employment permits in view that the quota has been filled and there is a shortage of operatives in the sector; and if he will make a statement on the matter. [44404/23]
View answerIreland operates a managed employment permits system, maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The regime is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills or labour shortages in the State in the short to medium term. In framing policy, consideration is given to other instruments that are also available in meeting skills shortages challenges, such as upskilling and activating the unemployed.
My Department works with other Government departments to promote an integrated approach to address labour and skills shortages in the longer term. The Department actively responds to concerns raised by various sectors about skills supply shortages, highlighted through a number of amendments to the Employment Permits Regulations over recent years, whereby sectors most impacted by skills shortages were provided with access to employment permits, including the agri-food sector.
In October 2021, following a comprehensive review of the employment permit occupation lists and in light of the continued labour shortages in the Agriculture and Agri-Food Sector, previous quotas were extended to release an additional 1500 general employment permits for meat processing operatives along with 500 for meat deboners.
The role of Meat Processor Operative was also provided with a further additional quota of 425 General Employment Permits in June last year. All quotas for meat processing operatives have now been filled.
This and other agriculture/agri-food quotas were opened with a proviso that a strategic review on labour attraction and retention in the sector be carried out in order to put in place more sustainable solutions for meeting the labour needs of the sector into the future. The review will influence the decision on the eligibility of the role for employment permits in the future.
The Economic Migration Policy Unit of my Department is tasked with responsibility for managing the review of the Occupational Lists and is actively engaging with other government departments to consider submissions received to the latest public consultation to review the lists which was open between June and August this year. A report containing recommendations for my consideration is expected in November.
88. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment if his attention or that of his officials has been drawn to the shortfall in employer to employee engagement in respect of proposed redundancies at a company (details supplied); the steps he will take to ensure that employee rights are protected; and if he will make a statement on the matter. [44406/23]
View answerFirstly, my thoughts are with all employees facing job losses and I fully appreciate how difficult this situation can be.
Ireland has a robust suite of employment rights legislation to protect and support workers in collective redundancy situations. The Protection of Employment Act 1977 imposes certain legal obligations on employers proposing collective redundancies. These obligations include engaging in an information and consultation process of at least 30 days with employees’ representatives, and to notify the Minister for Enterprise, Trade & Employment of the proposals at least 30 days before the first dismissal takes place. A collective redundancy notification was received from the company on 17 August 2023.
The consultation with employees’ representatives should include the possibility of avoiding the proposed redundancies, reducing the number of employees effected or mitigating their consequences.
While I strongly encourage parties to engage in consultation in a constructive manner with a view to finding a mutually acceptable solution, this is not a matter in which I can intervene. It is important that the autonomy of both employees, employers and their representatives in the matter of resolving differences is respected by the State.
It is the employer’s legal responsibility to comply with their obligations under the Protection of Employment Act 1977. Employers who fail to comply are guilty of an offence and the Workplace Relations Commission (WRC) is the statutory agency responsible for bringing such prosecutions.
Employees also have the right to refer complaints to the WRC on a wide range of employment law breaches for an adjudication and redress where appropriate, including the right to refer a complaint should an employer fail to consult or provide certain information to employees’ representatives during a collective redundancy process. The WRC is independent in the performance of its functions and it is important that I respect that independence.
89. Deputy Maurice Quinlivan asked the Minister for Enterprise, Trade and Employment to discuss the steps being taken to advance the establishment of the EU Patent Court; and if he will make a statement on the matter. [44418/23]
View answerIn June 2022, the Government reaffirmed its commitment to participate in the Unitary Patent System and the Unified Patent Court, and to hold the necessary constitutional referendum to enable Ireland to do so. A local division of the Unified Patent Court will be established in Ireland if the State ratifies by constitutional referendum the International Agreement under which the Court is established. In the event of a legal dispute, businesses can defend or challenge a patent via a single litigation process in a specialised patent court rather than costly litigation for duplicate cases in individual member states.
I appreciate the examination that the Joint Committee undertook on the UPC and for its' Report which widely supported expediting the timing of a referendum on this important issue and recommended that preparatory plans are put in place for the establishment and hosting of a local division of the Unified Patent Court in Ireland.
The timing of the Referendum is a matter for Government to decide. However, my Department officials are currently advancing preparations.
In September, my Department reconvened an Interdepartmental Group to assist in advancing preparations for a referendum.
Officials are currently working on the draft Constitutional amendments with assistance from the Office of Parliamentary Counsel and are finalising a Regulatory Impact Assessment on the establishment of the specialised Unified Patent Court in Ireland.
A Communications Campaign is also being devised which will be key to raising awareness with the electorate to ensure they understand this important reform. A yes vote will bring significant reductions in costs and administrative burdens for patent protection for researchers, inventors and businesses, particularly for the microenterprise and SME sector.
The Government sees many benefits in establishing a local division of the Court in Ireland. It will offer users an accessible, cost-effective, and more efficient option for broad patent protection and dispute settlement across Europe. It will enhance the Irish intellectual property regime and legal infrastructure. It will reduce waiting times for cases to be heard. Furthermore, it will enhance Ireland’s attractiveness for foreign investment, demonstrating that Ireland is an intellectual property friendly location for innovative business and high-tech industry. It will also be a catalyst to build specialist skills and expertise in intellectual property including legal services and patent agencies.
90. Deputy Patrick Costello asked the Minister for Education if her Department will commission a national plan for the support and management of exceptionally able children in the Irish education system; and if she will make a statement on the matter. [44280/23]
View answerI would like to thank the Deputy for the question and advise that the provision of education for children with additional educational needs is a priority for Government and for me as Minister for Special Education and Inclusion. This is reflected in my Department’s 2023 budget allocation of more than €2.6 billion to support special education. This level of educational funding and support is unprecedented and represents in excess of 27% of the Department of Education’s total allocation for 2023.
Inclusive education is at the core of my Department’s policy which requires differentiated teaching approaches to cater for the varying levels of ability in the classroom, from providing additional supports to those experiencing difficulty to ensuring appropriate levels of challenge and enrichment for exceptionally able students. The Education Act, 1998, requires Boards of Management of each school to publish the policy of the school relating to participation by students with special educational needs, including students who are exceptionally able. The measures schools take in this regard are required to be stated in the school plan. It is the duty of the Board of Management to ensure that appropriate education services are made available to such students.
Schools at both primary and secondary level have been encouraged to use strategies such as curriculum differentiation, curriculum enrichment and acceleration to facilitate the development of pupils who are exceptionally able.
In addition, the National Council for Special Education (NCSE) host a number of seminars during the year to provide guidance to teachers to support gifted and talented students.
Furthermore, Oide, through their school support model provide bespoke supports to schools who have identified specific needs for gifted students and respond by facilitating collaborative conversations among staff as to how best to collectively support their students through a planned and coherent approach.
My Department has also established a Working Group to develop its policy on students who are exceptionally able or gifted. The working group is jointly chaired by Special Education Section and the Curriculum and Assessment Policy Unit (CAP).
The Group has been tasked with, inter alia, the following:
• Scoping out existing supports for students with exceptional abilities
• Examining how other education systems provide for students with exceptional abilities
• Devising guidance for schools
• Reviewing draft guidelines for teachers on meeting the needs of students with exceptional abilities published by the NCCA in 2007.
While my Department had intended to progress this work earlier in 2023, personnel changes in special education section have delayed this somewhat.
The review of the EPSEN Act currently been undertaken will involve focus groups with a range of interest groups and students. High achieving students will be invited to engage in one of these options based on consultation with the research facilitators in UCD.
91. Deputy Niamh Smyth asked the Minister for Education the reason a person (details supplied) cannot get school bus transport for her children; and if she will make a statement on the matter. [44239/23]
View answerThe School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2022/2023 school year, over 149,000 children, including over 18,000 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country.
There was an increase of 21% in tickets issued to eligible students and an increase of 38% in tickets issued on a concessionary basis in the 2022/23 school year compared to the 2021/22 school year.
In addition, school transport scheme services were provided for over 5,400 children who have arrived to Ireland from Ukraine.
The total cost of the scheme in 2022 was €338.9m.
Already over 132,000 tickets have issued for the 2023/2024 school year which is an increase of 12% when compared with the same time last year. This number of tickets has already exceeded the total number of tickets issued in the 2022/23 school year.
Under the terms of the school transport schemes, children are eligible for transport at primary level where they reside not less than 3.2 kilometres from and are attending their nearest national school, and at post primary level where they reside not less than 4.8 kilometres from and are attending their nearest post primary school/education centre as determined by the department/Bus Éireann, having regard to ethos and language.
Children who are eligible for school transport and who have completed the application process on time will be accommodated on school transport services where such services are in operation.
Children who are not eligible for school transport, but who completed the application process on time, will be considered for spare seats that may exist after eligible children have been facilitated; such seats are referred to as concessionary seats.
Because of the nature of concessionary transport for non-eligible children and the priority of providing places for eligible children, there may be an excess of demand over supply for concessionary places, in these cases Bus Éireann will allocate tickets for spare seats using an agreed selection process.
Under the terms of the scheme, the availability of concessionary transport varies from year to year based on the capacity on the buses running on all of the various routes and the number of eligible children accommodated on each route.
Routes will not be extended or altered, additional vehicles will not be introduced, nor will larger vehicles or extra trips using existing vehicles be provided to cater for children travelling on a concessionary basis.
Bus Éireann has advised that the family, to whom the Deputy refers, are attending their second nearest post primary school and are not eligible for school transport. Bus Éireann also advises that the family reside 5.5kms to the nearest pick-up point and that there are currently 4 seats available on the service that could accommodate this family. Bus Éireann further advises that the family closed their applications and should they re-apply and make an online payment on their Bus Éireann family portal account, they will receive tickets for the above service if those seats are still available.
92. Deputy Denise Mitchell asked the Minister for Education if a personal assistant will be made available to a person (details supplied) to support them in travelling to and from school. [44244/23]
View answerThe School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2022/2023 school year, over 149,000 children, including over 18,000 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country.
In addition, school transport scheme services were provided for over 5,400 children who have arrived to Ireland from Ukraine.
The total cost of the scheme in 2022 was €338.9m.
Already over 133,000 tickets have issued for the 2023/2024 school year which is an increase of 12% when compared with the start of the 2022/2023 school year. The number of tickets issued so far has already exceeded the total number of tickets issued in the 2022/23 school year.
The Department of Education issue grant funding to schools for the employment of School Bus Escorts. School bus escorts are employed by each school through School Management Authorities. They are employed on board a school transport service provided through Bus Éireann where the child’s care and safety needs while on board the school transport are such as they require the support of an escort.
School Transport Section of my Department are liaising with the School Authorities with regard to escort support for the child referred to by the Deputy.
93. Deputy Róisín Shortall asked the Minister for Education to provide an update on the installation of portacabins and a temporary car park at a school (details supplied); the expected timeline for delivery; the reason this work did not commence during the summer months to ensure that these temporary measures were in place for September 2023 to accommodate the increased enrolment that occurred on the basis of a commitment to provide extra rooms; to provide an update on the status of the phase one build of five permanent classrooms; if these classrooms will be delivered for September 2024; and if she will make a statement on the matter. [44246/23]
View answerI am pleased to advise the Deputy that approval under the Additional School Accommodation scheme issued to the school in question for the provision of 3 x Junior SEN classrooms and 2 x Moderate classrooms.
The project is being delivered under the Department’s Devolved SEN Reconfiguration and Modular Accommodation programme. This programme involves the use of Project Management supports which is designed to enable the accommodation to be provided as quickly as possible and help ease the administrative workload for school authorities in relation to the management and delivery of projects. The use of the Department’s Modular Accommodation Framework also assists in ensuring lead in periods for procurement of modular accommodation are minimised to the greatest extent possible. To date, this has worked very well in the education sector and has seen delivery of large scale, high quality modular accommodation to meet the needs of children, particularly those with special educational needs.
Kerrigan Sheanan Newman Construction Consultants (KSN) has been appointed, from the Department’s Framework, to design and tender the project. This consultant will lead the project through the various stages of planning process and construction. The Department is working closely with the Project Management teams and the modular accommodation suppliers to ensure additional capacity for the schools sector is delivered as quickly as possible.
The installation project referred commenced on the 29th August and at present works are progressing well. The temporary car park has been completed, the modular accommodation is onsite since the 16th September and the modular reconfiguration works are underway. The overall completion date of the project is programmed by the contractor for the 24th November. Both the Design Team and Project Manager are meeting with the contractor on a weekly basis and the school authority is informed at all stages.
The main project referred is to be delivered as precast modular accommodation, the delay on the project is due to project scale and the need to seek statutory approvals including planning permission, the school authority has been fully briefed on the challenges. A detailed delivery programme will be established once all statutory approvals have been received including expected handover date.
The School Authority has devolved responsibility for delivery of this project.
94. Deputy Róisín Shortall asked the Minister for Education if she plans to change the current enrolment criteria for specialist ASD units and classes to accommodate children who are on a waiting list for an assessment of needs but have not acquired that assessment, in view of the current backlog (details supplied); if her Department has a process in place to monitor if schools and preschools will be able to fill their specialist ASD classes in September 2024 due to the delays in acquiring formal assessments through the public system; and if she will make a statement on the matter. [44247/23]
View answer96. Deputy Róisín Shortall asked the Minister for Education if she has engaged with the Minister for Health in relation to the assessment of needs waiting list which could prevent children awaiting assessment from accessing specialist classes; if where a child is awaiting an assessment of needs and cannot acquire a place in a specialist class, there are any plans to accelerate their assessments; if there is an alternative process in place (details supplied); and if she will make a statement on the matter. [44249/23]
View answerI propose to take Questions Nos. 94 and 96 together.
I would like to thank the Deputy for the questions and would like to advise the following:
Enabling children with special educational needs to receive an education is a priority for this Government. It is also a key priority for me as Minister for Special Education & Inclusion, for my Department and for the National Council for Special Education (NCSE).
The vast majority of children with special educational needs are supported to attend mainstream classes with their peers. Where children with more complex needs require additional supports, special classes and special school places are provided.
For 2023, the spend by my Department on special education has been substantially increased by over 10% on last year, meaning that for 2023 my Department will spend over €2.6 billion on special education.
This level of educational funding and support is unprecedented and represents in excess of 27% of the Department’s total allocation for 2023.
This includes funding to support children with special educational needs in mainstream classes; funding for new special classes and new special school places; additional special educational teachers, special needs assistants (SNAs) and funding for the National Educational Psychological Service (NEPS).
In 2023, the number of teaching and SNA posts in our schools will increase with an additional 686 teachers and a further 1,194 SNAs.
For the first time ever there will be over 19,000 teachers working in the area of special education and over 20,000 SNAs. Together we have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs.
The NCSE has the responsibility for planning and coordinating school supports for children with special educational needs. In order to meet the current and future needs of the special educational needs sector appropriately, my department sought to significantly increase the capacity and capability of the NCSE. The annual budget for the NCSE has been increased by in excess of €12 million (or 55%), to include provision for an additional 161 staff, the majority of which will be in frontline SENO and Advisor roles, so that parents, children and schools can be adequately supported into the future. The total budget for 2023 is €28.6m.
I was happy to announce details of a new recruitment campaign for SENOs as part of this ongoing expansion of the NCSE this week.
In 2017, with the introduction of the new special education teaching (SET) allocation model, the Department moved away from requiring a diagnosis to access educational supports in mainstream settings. Not only was this essential to ensure that education resources are needs based rather than diagnostic based, it is line with international best practice in supporting inclusive education.
It is generally speaking in the best interest of children to access placements in mainstream settings and approximately 98% of all children in Irish schools are supported in these settings.
It is the Department and NCSE position that children who require special school and class placements have a level of need that means mainstream education, with supports, is not a suitable option for them. These children generally have other significant challenges which require support from the public health system through the provision of clinical psychology, speech and language therapy, occupational therapy, respite etc. In the circumstances it is not clear, what an educational psychological assessment alone could provide to the child if a multi-disciplinary assessment to cater for the greater complexity of need of that child is required.
Where health professionals are engaging with a child, it is important that their recommendations and advice would be known and understood by the school in which the child is enrolled. This is to ensure that the ‘whole child’ perspective is factored into the ‘continuum of support’ process which underpins the range of educational resources for these children.
As a result my Department engage continuously with the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) and the Health Service Executive (HSE). In particular with regards to the assessment of need (AON) process.
The AON process is provided for under the Disability Act 2005 and is under the remit of the HSE. Following on from a court ruling in October 2021 there is now a legal obligation on the education system to assist the HSE as part of the HSE’s AON process. The vast majority of AON cases relating to children of school going age are in primary schools (90%). The NCSE is obliged to nominate a person with appropriate expertise to assist in the education assessment process. Where the child is enrolled in a school the Education of Persons with Special Education Needs (EPSEN) Act 2004 names the principal as the person the NCSE should contact.
In finalising the assessment of need process for the school system, there has been extensive engagement with the DCEDIY, the HSE, with education partners and with individual schools. Approximately 80 schools trialled the AON process during 2022 and feedback from the schools involved and as well as that provided by stakeholders was incorporated into guidance documents and resources for schools.
Comprehensive supports to assist schools in completing the educational component of the HSE’s AON process are available through the NCSE and include dedicated phone and email supports, instructional videos and support visits from NCSE personnel. Department officials are also in regular contact with HSE officials to ensure that the AON process operates as effectively as possible in schools.
Additionally, NEPS provide a service across all 4,000 schools with a huge focus on capacity building in schools. NEPS also support between 8,000 and 9,000 individual children annually.
NEPS provides educational psychological support to all recognised primary and post-primary schools. This involves direct support in the event of a critical incident, access to national and regional support and development work to build school capacity to support students, access to a NEPS psychologist for responses to queries arising, and access to individual pupil casework where there is need via a NEPS psychologist or through the Scheme for the Commissioning of Psychological Assessments (SCPA).
NEPS does not maintain waiting lists, but in common with many other psychological services and best international practice, has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution oriented consultative approach to maximise positive outcomes for these pupils.
My Department and the NCSE are anxious to streamline the process whereby children access special school and special class places. An initial high level engagement looked at the issues impacting school places, not only entry but also review of placements once children start in specialist provision. That work is continuing and we would expect to have further progress on this in the coming year.
My Department engage intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, an analysis of school accommodation, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.
Parents seeking special class placements for their children are advised to contact the NCSE locally so that their needs can be taken into account for planning purposes. The local special educational needs organisers (SENOs) remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available at: www.ncse.ie/regional-services-contact-list.
The NCSE have advised my Department that there is sufficient special class places available to meet the needs of children known to them for this school year. As further children become known to the NCSE during the course of this school year, the NCSE are available to support families at local level and work to secure an appropriate placement for a child.
My Department and the NCSE are committed to delivering an education system that is of the highest quality and where every child and young person feels valued and is actively supported and nurtured to reach their full potential.
95. Deputy Róisín Shortall asked the Minister for Education to provide details on the level of home tuition support approved for September 2023 versus the levels approved for each of the past five years, in tabular form; and if she will make a statement on the matter. [44248/23]
View answerMy Department's Home Tuition Grant Schemes provide funding towards the provision of a compensatory educational service for children who, for a number of specific reasons, are unable to attend school. By its nature, it is intended to be a short term intervention.
The Home Tuition Grant Schemes are governed by annual circulars which sets out the purpose, eligibility criteria and details of the scheme. Circular 0024/2023 provides information in relation to the 2023/2024 Home Tuition Grant Scheme and can be accessed by clicking on the following link: www.gov.ie/en/circular/67f37-home-tuition-grant-scheme-20232024-special-education-component/.
The purpose of the Home Tuition Grant Scheme is to provide funding towards the provision of a compensatory educational service for:
(a) Early educational intervention for children with autism who meet the scheme’s eligibility criteria
(b) Students with special educational needs seeking an educational placement in a recognised school
(c) Students, enrolled in schools, with a significant medical condition, or school phobia and/or associated depression/anxiety, which has caused, and is likely to continue to cause, major disruption to their attendance at school
In exceptional cases the Department will consider home tuition applications on behalf of students with diagnoses of school phobia and/or associated depression/anxiety which has caused, and is likely to continue to cause, major disruption to their attendance at school. This exception will only apply where a continued absence from school is required to facilitate appropriate medical or therapeutic intervention with a view to the reintegration of the student in their school.
The aim of the Department is to meet the needs of families and to ensure every child is allocated a suitable school placement. The preferred approach is that children are educated in school settings where children may have access to fully qualified teachers, individualised education programmes, special needs assistants, school curriculum with the option, where possible and appropriate, of full or partial integration and interaction with student peers.
Accordingly, home tuition is provided as an interim measure only for children for whom a placement in a recognised school is not currently available and should not be regarded as an optional alternative to a school placement.
Details of the number of applications for Home Tuition support which were sanctioned for this year to date and the last five academic years is available in the table below. While these figures relate to sanctions provided for a full academic year, in many cases, places are found for children during the course of the year. In addition, under the category "SEN school age no placement" for the 2023/24 school year, there are a number of children who are currently awaiting the opening of two new special schools as well as children who will be returning to school on a phased basis. In these instances, they will only require home tuition support on a short term basis.
|
Strand of Scheme |
2023/24 to date |
2022/23 |
2021/22 |
2020/21 |
2019/20 |
2018/19 |
|
Early Intervention* |
463 |
692 |
812 |
776 |
752 |
937 |
|
SEN school aged no placement |
75 |
77 |
69 |
86 |
79 |
54 |
|
Medical |
53 |
186 |
195 |
228 |
277 |
299 |
|
Mental Health |
99 |
418 |
387 |
347 |
365 |
397 |
|
Total |
690 |
1373 |
1463 |
1437 |
1473 |
1687 |
*These relate in the main to the early intervention supports available to students before they commence in primary school.
97. Deputy Niamh Smyth asked the Minister for Education to review correspondence (details supplied); and if she will make a statement on the matter. [44257/23]
View answer99. Deputy Ruairí Ó Murchú asked the Minister for Education the work that is being carried out by her Department in order to support and assist children who are deemed to be exceptional or twice exceptional; and if she will make a statement on the matter. [44269/23]
View answer100. Deputy Ruairí Ó Murchú asked the Minister for Education what special education supports are currently available specifically for children who are exceptional or twice exceptional; how these supports can be accessed by schools; and if she will make a statement on the matter. [44270/23]
View answerI propose to take Questions Nos. 97, 99 and 100 together.
I would like to thank the Deputy for the question and advise that the provision of education for children with additional educational needs is a priority for Government and for me as Minister for Special Education and Inclusion. This is reflected in my Department’s 2023 budget allocation of more than €2.6 billion to support special education. This level of educational funding and support is unprecedented and represents in excess of 27% of the Department of Education’s total allocation for 2023.
Inclusive education is at the core of my Department’s policy which requires differentiated teaching approaches to cater for the varying levels of ability in the classroom, from providing additional supports to those experiencing difficulty to ensuring appropriate levels of challenge and enrichment for exceptionally able students. The Education Act, 1998, requires Boards of Management of each school to publish the policy of the school relating to participation by students with special educational needs, including students who are exceptionally able. The measures schools take in this regard are required to be stated in the school plan. It is the duty of the Board of Management to ensure that appropriate education services are made available to such students.
Schools at both primary and secondary level have been encouraged to use strategies such as curriculum differentiation, curriculum enrichment and acceleration to facilitate the development of pupils who are exceptionally able.
In addition, the National Council for Special Education (NCSE) host a number of seminars during the year to provide guidance to teachers to support gifted and talented students.
Furthermore, Oide, through their school support model provide bespoke supports to schools who have identified specific needs for gifted students and respond by facilitating collaborative conversations among staff as to how best to collectively support their students through a planned and coherent approach.
My Department has also established a Working Group to develop its policy on students who are exceptionally able or gifted. The working group is jointly chaired by Special Education Section and the Curriculum and Assessment Policy Unit (CAP).
The Group has been tasked with, inter alia, the following:
• Scoping out existing supports for students with exceptional abilities
• Examining how other education systems provide for students with exceptional abilities
• Devising guidance for schools
• Reviewing draft guidelines for teachers on meeting the needs of students with exceptional abilities published by the NCCA in 2007.
While my Department had intended to progress this work earlier in 2023, personnel changes in special education section have delayed this somewhat.
The review of the EPSEN Act currently been undertaken will involve focus groups with a range of interest groups and students. High achieving students will be invited to engage in one of these options based on consultation with the research facilitators in UCD.
98. Deputy Paul Murphy asked the Minister for Education her views on the allegations made in relation to a school (details supplied). [44267/23]
View answerUnder the provisions of the Education Act, 1998, the Board of Management is the body charged with the direct governance of a school and has responsibility for ensuring the health and safety of its staff and pupils.
The Departments Inspectorate conducted a Whole School Evaluation (MLL) in the school referenced in the first quarter of 2023. A report was subsequently published during the second quarter of the year. Whole-School Evaluation – Management, Leadership and Learning reports on the quality of teaching and learning and on the quality of management and leadership in a school. It affirms good practice and makes recommendations, where appropriate, to aid the further development of educational provision in the school.
A follow-through inspection will be conducted in due course. This will evaluate the progress that school leadership, in collaboration with the school community, has made on implementing some or all of the main recommendations made in the Whole School Evaluation. This will be facilitated through a consultative, co-professional engagement between the inspector and relevant members of the school community.
