Written Answers Nos. 115-139
115. Deputy Patrick Costello asked the Tánaiste and Minister for Defence further to Parliamentary Question No. 195 of 7 November 2023, to provide the tendering notice publication number for the relevant tender competitions; the steps that were taken to ensure for Israeli companies that at all steps in the supply chain were not outside of the green line; and if he will make a statement on the matter. [50426/23]
View answerThe expenditure of €6,073,768 set out in the reply to PQ Ref 48042/12 dated 7 November was incurred in respect of six separate contracts.
• One contract for travel services related to UNIFIL in Lebanon was below national thresholds.
• One contract for ground handling charges at Ben Gurion Airport was below national thresholds.
• One competition to procure Ground Surveillance Radar equipment was held in 2013. This was a two stage restricted competition conducted in accordance with the provisions of the Defence and Security Directive 2009/81/EC and as such was not conducted on an electronic platform as there was no legal requirement to do so at that time.
• An Artillery Fire Control System was in procured in 2005. Prior to the introduction of the Defence and Security Directive 2009/81/EC, certain categories of military equipment were exempt from public procurement competitive publication, and as such an exempt procurement. There was no legal requirement to publish this competition on an electronic platform at that time.
• Orbiter 3 Unmanned Air Systems were in procured in 2005. Prior to the introduction of the Defence and Security Directive 2009/81/EC, certain categories of military equipment were exempt from public procurement competitive publication, and as such an exempt procurement. There was no legal requirement to publish this competition on an electronic platform at that time.
• Engineering Equipment was procured in 2021 through an open competition conducted under the Public Procurement Directive 2014/24/EU. The Request for Tender was published on E-Tenders under RFT ID No: 187830.
The principle of competitive tendering for Government contracts is used by the Department of Defence and the Defence Forces for the acquisition of goods and services. This is an EU law requirement. Central to those procedures is the requirement to allow fair competition between suppliers through the submission of tenders following advertising of the tender competition on the e-tenders site and on the Official Journal of the European Union (OJEU), where appropriate.Such tender competitions are open to any company or country, subject to the terms of all UN, OSCE and EU arms embargos or restrictions. There are no such restrictions or embargos in place on Israel or Israeli companies.
The Department of Defence carries out its procurement functions in accordance with the legal rules in place and is obliged to follow the established procurement principles for the selection of economic operators with regard to the award of contracts.
116. Deputy Niamh Smyth asked the Minister for Transport if there are any plans to review clamping laws for vehicles in Ireland; and if he will make a statement on the matter. [50353/23]
View answerUnder the Road Traffic Act, as Minister for Transport I have powers to prescribe the amount of the charge to be paid for the removal of an immobilisation device on a vehicle clamped on a public road by a local authority parking enforcement agent. As my Department increased this release charge as recently as 2022, I have no plans to further amend this charge in the near future.
As relatively few local authorities employ clamping in parking enforcement, the bulk of clamping in Ireland is carried out by private clampers in private car parks. The regulation of private clamping, including the investigation of complaints and the administration of appeals, is a statutory function of the National Transport Authority (NTA) under the Vehicle Clamping Act 2015. If the Deputy's query concerns private clamping, she may wish to approach the Authority directly.
117. Deputy Brendan Griffin asked the Minister for Transport for an update on a matter (details supplied); and if he will make a statement on the matter. [50355/23]
View answerUnder the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for all aspects of driver testing. This includes test applications and scheduling matters. Neither I nor my Department have the power to intervene in individual cases.I have therefore referred the Deputy's question to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
118. Deputy Patrick Costello asked the Minister for Transport to clarify the parameters in which an inspection of an aircraft with an exemption under the Air Navigation (Carriage of Munitions of War, Weapons, and Dangerous Goods) Orders can be carried out; how many inspections have been carried out each year within the past ten years; and if he will make a statement on the matter. [50375/23]
View answer119. Deputy Patrick Costello asked the Minister for Transport to clarify the parameters officials assess whether an aircraft with an exemption under the Air Navigation (Carriage of Munitions of War, Weapons, and Dangerous Goods) Orders has contravened these orders; and if he will make a statement on the matter. [50376/23]
View answerI propose to take Questions Nos. 118 and 119 together.
In considering all applications made under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, the Department of Transport consults with the Department of Foreign Affairs and the Department of Justice to determine if there are foreign policy or security considerations to take into account.
The process is robust and includes advice from the Department of Foreign Affairs in respect of international humanitarian law, Ireland’s international obligations and our wider arms control, disarmament and non-proliferation policy.
The 1973 and 1989 orders provide for the inspection of a civil aircraft, only whenever it appears that a flight would be in contravention of those orders.
To date, such an appearance of intention or likelihood of contravention has not occurred and insofar as it can be determined, there is no record of an inspection of a civil aircraft having been carried out pursuant to these Orders. However, it is possible that such an aircraft may have been subject to a safety inspection, pursuant to EU regulation, by the Irish Aviation Authority.
120. Deputy Brendan Griffin asked the Minister for Transport if a safety audit will be carried out on a bridge in Kerry (details supplied); and if he will make a statement on the matter. [50396/23]
View answerAs Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
121. Deputy Thomas Gould asked the Minister for Transport the initial cost of building the M8; and the average annual revenue from tolls on the road. [50424/23]
View answerAs Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015, the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. Therefore, matters relating to the day to day operations regarding national roads, including toll roads are within the remit of TII. More specifically, the statutory power to levy tolls, to make toll bye-laws and to enter into agreements with private investors are vested in TII under Part V of the Roads Act 1993 (as amended). Therefore, the contracts for the privately-operated toll schemes are commercial agreements between TII and the Public Private Partnership (PPP) concessionaires concerned.
Noting the above position, I have referred the question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
A referred reply was forwarded to the Deputy under Standing Order 51
122. Deputy Fergus O'Dowd asked the Minister for Finance further to Parliamentary Question No. 172 of 26 September 2023, if he will provide further details to queries (details supplied) with absolute clarification; and if he will make a statement on the matter. [50298/23]
View answerThe position in relation to the Deputy's question is set out in my reply to parliamentary question number 172 of 26 September 2023. Section 469 of the Taxes Consolidation Act 1997 provides for tax relief where an individual proves that he or she has incurred costs in respect of qualifying health expenses. Routine dental treatment is not eligible for the relief. As previously outlined, I have no current plans to amend tax relief for health expenses to include routine dental treatment.
With regard to consolidation of the Taxes Consolidation Act 1997, the position remains as per my reply to parliamentary question number 172 of 26 September 2023.
123. Deputy Brendan Griffin asked the Minister for Finance when an appeal for a person in County Kerry will be processed (details supplied); and if he will make a statement on the matter. [50320/23]
View answerProgress has been made on efforts to establish a new Disabled Drivers Medical Board of Appeals (DDMBA), to secure hosting arrangements for the DDMBA and to recommence the appeals process.
All five members have now been appointed to the new DDMBA. Funding arrangements between the Department of Finance and the Department of Health have been agreed. On this basis the National Rehabilitation Hospital has confirmed that they will again host the DDMBA. Preparatory work is underway, that will include due deliberation on how best to clear the backlog. The appeals process will re-commence upon completion of this work. In this regard, my officials met with the NRH and the new DDMBA on Tuesday 7th November to discuss the operational elements of the new Board and as a result it is hoped that the Board will be operational by mid-December.
Finally, the Deputy should note that it will be a matter for the DDMBA to decide when individual appeals are heard, and therefore I in my role as Minister for Finance cannot indicate when a particular appeal will be processed.
124. Deputy Carol Nolan asked the Minister for Finance if he will address concerns that the residential zoned land tax is being applied in a manner not intended by the legislation underpinning it, specifically that it is giving rise to punitive financial challenges for religious orders, including enclosed religious orders that are in possession of land that enables them to live in an enclosed way; and if he will make a statement on the matter. [50339/23]
View answerFinance Act 2021 introduced Part 22A Residential Zoned Land Tax (RZLT) into the Taxes Consolidation Act 1997. RZLT is designed to prompt residential development by owners of land that is zoned for residential or mixed-use (including residential) purposes and that is serviced.
The legislation underpinning RZLT requires local authorities to consider whether land meets the relevant criteria for the tax, being land that is zoned for residential use, serviced and not excluded from the relevant criteria, and to publish maps identifying land within the scope of the tax.
All 31 local authorities in the State published draft maps by 1 November 2022 and, where appropriate, local authorities published supplemental maps reflecting land which falls within the scope of the tax, but which had not been included in the draft maps, by 1 April 2023.
Owners of land which appeared on the draft or supplemental maps were provided with an opportunity to make submissions regarding whether their land met the relevant criteria. Where a local authority determined that land subject to such submissions did meet the relevant criteria, the legislation afforded the landowner an opportunity to appeal the local authority determination to An Bord Pleanála. In addition, owners of land which appeared on the draft or supplemental maps also had an opportunity to request the rezoning of their land.
Decisions on whether to amend zonings as a result of submissions or at any other time are a matter for the local authority, taking into account the need to ensure that housing supply targets across the local authority's functional area can be met.
To ensure that affected landowners have sufficient opportunity to engage with the mapping process and that a fair and transparent process is applied when local authorities consider what land should be placed on the RZLT maps, amendments to Part 22A TCA 1997, included in Finance (No. 2) Bill 2023, propose to extend the liability date of the tax by one year.
This will allow for the planned 2024 review of the final map to be published by local authorities on 1 December 2023 next to take place. It will also afford all parties (including religious orders) with a further opportunity to make submissions challenging whether land meets the relevant criteria and to make rezoning requests, in respect of land included on the draft revised final map for 2025, which is to be published by local authorities by 1 February 2024.
Submissions challenging the inclusion of land on RZLT maps by reference to the relevant criteria must be made to local authorities by 1 April 2024; local authorities will issue written determinations regarding submissions made by landowners by 1 July 2024. Landowners who are dissatisfied with the determination issued by local authorities in respect of their land may appeal same to An Bord Pleanála by 1 August 2024.
Subject to the passing of Finance (No.2) Bill 2023, landowners (including religious orders) will also have the opportunity to request a change to the zoning of lands which appear on the draft revised final map for 2025 by 31 May 2024. On receipt of a request for rezoning, the local authority will evaluate the request and confirm in writing by 31 July 2024 whether the request is rejected, or whether the local authority proposes to make a variation to the development plan for the functional area in which the land in question is situated, on foot of the request.
125. Deputy Patrick Costello asked the Minister for Finance if he will guarantee that the future Ireland fund and the infrastructure, climate and nature fund will not invest in the fossil fuels or the arms industry; and if he will make a statement on the matter. [50362/23]
View answerAs provided for in the Heads of the Future Ireland Fund and Infrastructure, Climate and Nature Fund Bill the Future Ireland Fund and Infrastructure, Climate and Nature Fund will be invested and managed by the National Treasury Management Agency (NTMA) to seek to secure the optimal total financial return, as to both capital and income, having regard to the purpose of each Fund.
The two Funds will be subject to the legislative restrictions under the Cluster Munitions and Anti-Personnel Mines Act 2008 and the Fossil Fuel Divestment Act 2018 shall be replicated for both funds as provide for in the General Scheme of the Bill.
Subject to the drafting of the Future Ireland Fund and Infrastructure Climate & Nature Fund the Funds will also align with the ISIF voluntary exclusions including investments in tobacco companies and companies which manufacture nuclear armaments.
126. Deputy Robert Troy asked the Minister for Finance if he will review an issue in the Finance Bill that will detrimentally affect medical card holders and GPs regarding GMS contracts and agree to include text to rectify the situation (details supplied). [50373/23]
View answerMy Department and Revenue have, for some time, been aware of issues arising from contractual arrangements within the General Practitioner (GP) community whereby some GPs treat income under their General Medical Services (GMS) contract as income of a GP practice in which they are a partner or an employee, rather than income of that individual GP.
Revenue issued a guidance note to tax practitioners through the Tax Administration Liaison Committee in July of this year clarifying the correct tax treatment of GMS income under tax legislation. That guidance confirmed there would be a transitional period for compliance with existing tax law, to 31 December 2023. Revenue have published supplementary guidance on this matter on 10 November which is available at the link below:
www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-04/04-01-15.pdf .
Although the guidance is being widely reported as a proposed tax change, I would note that it does not, in fact, introduce a change to the tax treatment of GPs. Instead, it simply clarifies the existing legal and administrative position.
Section 58 of the Health Act, 1970 authorises the HSE to enter into a contractual relationship with individual GPs for the delivery of services. As such, the HSE does not enter into GMS contracts with a medical practice, whether the practice is structured as a partnership or a company. This means that, as a matter of law, income under a GMS contract belongs to the GP who entered into the contract with the HSE - this legal position was confirmed in a recent Tax Appeals Commission determination issued in January 2022 (01TACD2022).
A GP who holds a GMS contract is, under tax legislation, a chargeable person as regards income arising under the GMS contract and should report that income under the self-assessment system. The GP is entitled to claim a credit for Professional Services Withholding Tax deducted by the HSE on GMS payments.
There is no legal basis to treat income arising under a GMS contract entered into between a GP and the HSE as if it were income arising under a contract between the HSE and the medical practice in which the GP is a partner or an employee. In an effort to find a solution to this issue, discussions have taken place between officials in the Department of Finance, Revenue, the HSE and the Department of Health.
Last week, I signalled my intention to bring an amendment at Report Stage of Finance (No. 2) Bill 2023 to provide that where individual GPs enter into contracts with the HSE to provide certain medical professional services and provide those services in the conduct of a partnership profession with other individual GPs, the income from those professional services can be treated for income tax purposes, to be that of the partnership. The proposed amendment will also provide that any Professional Services Withholding Tax credit may be claimed by the partnership under such instances. Subject to Government approval and the assistance of the Office of the Attorney General, I will provide further detail when I introduce the amendment next week.
It should be noted that because there are a number of business arrangements and models in the GP sector including partnerships, companies, employees and employers, the proposed amendment would resolve some but not all of the issues arising. The core issue concerns the contractual arrangements involving GPs, and the Minster for Health has confirmed that the Strategic Review of General Practice, which is now underway, will examine the current contractual arrangements for the GMS, as well as other contracts, and will propose measures necessary to modernise them.
127. Deputy Eoin Ó Broin asked the Minister for Finance the number of cars for which capital allowances were claimed under the 2008 emissions-based scheme for each of the VRT categories for the year 2022, in tabular form. [50398/23]
View answerI am advised by Revenue that capital allowances claimed in respect of the purchase of motor cars for business use are aggregated with other Plant and Machinery items on the relevant tax returns. Therefore, Revenue does not have the necessary data to enable it to identify the number or category of vehicles to which the claims relate.
128. Deputy Eoin Ó Broin asked the Minister for Finance whether there are limits on the price of cars for which tax allowances are available. [50399/23]
View answerPart 11C of the Taxes Consolidation Act (TCA) 1997 provides for a scheme of capital allowances and leasing expenses for business cars based on the level of CO2 emissions from the cars concerned. The amount of allowable expenditure for capital allowances purposes is determined by reference to the car’s level of CO2 emissions rather than on the expenditure incurred on the car. Section 19 of Finance Act 2019 revised downwards the emissions thresholds on which capital allowances and leasing expenses are based.
There is no upper limit on the expenditure of the car, however the amount of tax relief available is capped based on the emissions category. As a result, depending on the amount of the expenditure and the emissions category of the car, the amount of relief available may be less than the actual expenditure on that car.
Where expenditure is incurred on the provision or hiring of a car on or after 1 January 2021, the categories are divided into 3 different groups as follows:
• Group 1 contains categories A and B with CO2 emissions up to and including 140g/km. The allowable expenditure for this category of cars is the specified amount, currently €24,000, regardless of the cost of the car. Thus, wear and tear allowances are based on deemed expenditure of €24,000 even if the car costs more than this amount.
• Group 2 contains category C with CO2 emissions from 141g/km up to and including 155g/km. The allowable expenditure for this category of cars is the lower of 50% of the specified amount or 50% of the retail price of the car when new. Therefore, wear and tear allowances are calculated based on a maximum value of €12,000.
• Group 3 contains categories D, E and F with CO2 emissions that exceed 155g/km. These cars do not qualify for wear and tear allowances.
Where expenditure was incurred on the provision or hiring of a car on or after 1 July 2008 and before 1 January 2021, the categories are divided into 3 different groups as follows:
• Group 1 contains categories A, B and C with CO2 emissions up to and including 155g/km. The allowable expenditure for this category of cars is the specified amount of €24,000 even if the car costs more than this amount.
• Group 2 contains categories D and E with CO2 emissions from 156g/km up to and including 190g/km. The allowable expenditure for these cars is the lower of 50% of the specified amount or 50% of the retail price of the car when new. Therefore, wear and tear allowances were calculated based on a maximum value of €12,000.
• Finally. Group 3 contains categories F and G with CO2 emissions that exceed 190g/km. These cars did not qualify for wear and tear allowances.
Generally, allowances on cars are available at a rate of 12.5% per annum over 8 years. The exception to this is vehicles under the category “Electric and Alternative Fuel Vehicles” for the purposes of section 285A TCA 1997. Section 285A provides for accelerated capital allowances for energy efficient equipment. Where a vehicle is within the category “Electric and Alternative Fuel Vehicles” the accelerated allowance is based on the lower of the actual cost of the vehicle or the specified amount of €24,000. The entire allowance can be claimed in the year in which the expenditure on the vehicle is incurred provided the vehicle is in use for the person’s trade at the end of the chargeable period.
The emissions-based scheme in Part 11C TCA 1997 will not apply where a person opts to avail of accelerated capital allowances under section 285A. The converse also applies so that a person can opt for one scheme or the other, but not both, in relation to business cars.
129. Deputy Paul Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will outline his Department's road map for assisting the recovery in communities such as Midleton, County Cork, regarding flood relief and climate adaptation; and if he will make a statement on the matter. [50293/23]
View answerThe National Directorate for Fire and Emergency Management on 17th October issued a severe weather notice to all Local Authority Severe Weather Assessment Teams. The local authorities as Principal Response Agencies activated their Crisis Management Teams.
Heavy and persistent rain over southern counties on Tuesday 17th October and Wednesday 18th October, combined with already saturated soils and extremely high river levels, caused a number of rivers to break their banks.
East Cork bore some of the worst impacts from this flooding. In Midleton, the Owenacurra River rose at an unprecedented rate and broke its banks at two locations causing significant flood damage to the town with more than 100 properties flooded. At its peak, Midleton Main Street saw floodwaters of in excess of 1 metre depth requiring the evacuation of dwellings and commercial properties in the town. People displaced by the floodwaters were given shelter at a local hotel and temporary rest centres at the Midleton Community centre and local Gaelscoil. Across East Cork and other local authority’s areas, the local authority staff, An Garda Siochanna, Civil Defence, the Defence Forces and the Irish Coastguard worked to provide an emergency response to those affected.
The flooding from this event had wide and devastating impacts including, evacuating people from their homes, widespread rolling road closures, and cancelling of school transport and power outages.
The Humanitarian Assistance Scheme administered by the Department of Social Protection was activated on the 19th October 2023 to support households in Midleton and other affected areas.
In addition, Simon Coveney T.D., Minister for Enterprise, Trade and Employment, opened two Emergency Business Flooding Schemes for small businesses, sports clubs, community, and voluntary organisations unable to secure flood insurance and affected by the recent flooding in Cork and other counties. These schemes provide humanitarian support contributions towards the costs of returning small businesses, sporting, voluntary and community premises to their pre-flood condition including the replacement of flooring, fixtures and fittings and damaged stock where relevant. Financial assistance of up to a maximum of €100,000 may be made available to those who are eligible for the Enhanced Emergency Business Flooding Scheme.
In addition to the humanitarian assistance, financial assistance by way of low-cost loans was immediately available from Microfinance Ireland to small businesses that cannot get loan financing from other lenders. Loan options include cash-flow loans of up to €25,000, which can be used for general business purposes including re-stocking and other business costs. Loans for capital expenditure are also available which could fund the refurbishment of premises or the replacement of equipment.
The Government has assessed the flood risk for many communities affected by recent flood events. Through €1.3bn investment in flood relief schemes, under the National Development Plan the Government has trebled, to some 100, the number of flood relief schemes at design and construction, including a scheme for Midleton.
Cork County Council is leading the design of the Midleton Flood Relief Scheme and in 2017 appointed engineering and environmental consultants. Major flood relief schemes involve complex engineering and construction operations that can impact on people's living, built and natural environment.
The process follows a number of stages from feasibility through design, planning, detailed design and construction. It is important that the work is done correctly and achieves its objectives. Extensive and detailed technical analysis is required to establish the most appropriate solution, technically and environmentally, from a range of possible mitigation options. The solution has also to be adaptable to the increased risk from climate change. Extensive public consultation is also carried out at various stages to ensure that those affected by a scheme have the opportunity to input into its design and implementation.
Midelton has proven to be one of the most complex schemes. It has flood risks from four sources, fluvial, tidal, groundwater and pluvial. In 2017, data did not exist on all sources and monitoring was required over a number of years to allow the flooding mechanism to be understood. The preferred scheme has now been identified with a total project budget of €50m and when complete will provide a robust solution for Midleton, supported by strong evidence, has the support of the community and is future proofed and adaptable to climate change scenarios and will provide protection to 580 properties.
At this time an assessment of the recent flood event is being undertaken and will take some weeks to conclude. This will provide further evidence to support the preferred option for a scheme for Midelton and will allow the planning process for this scheme to commence.
130. Deputy Niamh Smyth asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to review correspondence (details supplied); if he will ensure parking is provided for staff at his Department; and if he will make a statement on the matter. [50310/23]
View answerThe Commissioners of Public Works (OPW) lease part of a building in Cavan town that is allocated to the Department of Social Protection. This lease included the use of 15 car parking spaces on a site across the road from the office. Earlier this year the landlord advised the OPW that the car park site was being sold to the County Council, consequently staff would no longer be able to use the car park once the sale completed.
It is the OPW policy that car parking is leased only when it forms part of a building lease and new leases or licences for stand-alone parking are not entered into. The OPW will review parking facilities at other owned and leased properties in Cavan town to establish if there are surplus parking spaces that can be allocated to staff affected by the sale of this car park.
131. Deputy Michael Ring asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to provide an update in relation to a pension transfer for a person (details supplied); and if he will make a statement on the matter. [50377/23]
View answerAs the Deputy is aware, it was necessary to pause transfers of pensionable service to/from CIÉ under the Public Sector Transfer Network (PSTN), pending clarification of CIÉ's position with regard to funding those transfers.
Following consideration of this matter, and clarifications received from CIÉ through the Department of Transport, such transfers of service are no longer paused. Transfer of service cases involving CIÉ can therefore progress in line with the normal rules of the transfer scheme. This position was communicated by my Department to the Department of Defence on
16th October 2023.
Any person wishing to transfer their pensionable service from one pre-existing public service pension scheme to another should engage with their HR/pension administrator, who will be in a position to advise whether that transfer may proceed and what the necessary steps are to progress this.
The person concerned should engage with their former and current employers (Department of Defence and CIÉ, respectively) in relation to progressing their transfer of service case, in line with the normal rules of the transfer scheme.
132. Deputy Dara Calleary asked the Minister for Public Expenditure, National Development Plan Delivery and Reform further to Parliamentary Question No. 345 of 7 November 2023 if, given the time that had elapsed to date and given the duress being suffered by the community of Crossmolina as a result, he will place a deadline for the return of the information referred to from the OPW. [50420/23]
View answerThe request for supplementary information has been made under Section 7B(4) of the European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019. Section 7B(4) does not stipulate the imposition of deadlines for the compliance of such a request. Where a request is made under Section 7B(4), the Commissioners of Public Works are obliged to comply with such a request.
Requests under Section 7B(4) of the Regulations are made where supplementary information is required where it is directly relevant to reaching a reasoned conclusion on the significant effects on the environment of the proposed drainage works. There are instances whereby information sought may necessitate the gathering of environmental information from a particular site, and may require certain environmental conditions to be present at that site when the data is collected, so it is not always possible to set a specific deadline in advance.
133. Deputy Brendan Smith asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will ensure that existing car parking facilities will continue to be made available to staff working in a government department in Cavan town (details supplied), as the cessation of such facilities would cause difficulties and substantial additional costs for such staff as, due to lack of public transport, they must travel to work by car and need appropriate parking facilities; and if he will make a statement on the matter. [50462/23]
View answerThe Commissioners of Public Works (OPW) lease part of a building in Cavan town that is allocated to the Department of Social Protection. This lease included the use of 15 car parking spaces on a site across the road from the office. Earlier this year the landlord advised the OPW that the car park site was being sold to the County Council, consequently staff would no longer be able to use the car park once the sale completed.
It is the OPW policy that car parking is leased only when it forms part of a building lease and new leases or licences for stand-alone parking are not entered into. The OPW will review parking facilities at other owned and leased properties in Cavan town to establish if there are surplus parking spaces that can be allocated to staff affected by the sale of this car park.
134. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment whether any action is proposed in respect of commercial rate payers, who have only recently have had their rateable valuations increased and who now find themselves marginally short of relief announced in Budget 2024, to the effect that the proposed relief stops suddenly, as opposed to a graduated period within which they may qualify for part rateable relief; and if he will make a statement on the matter. [50469/23]
View answerThe Increased Cost of Business Grant (ICOB) was announced as part of Budget 2024 and will be targeted at Small and Medium sized businesses who operate from a rateable premises. Firms who do not have a rateable premises are not within the scope of this scheme.
The total allocation for this scheme is €250m. The grant is intended to aid firms but is not intended to directly compensate for all increases in wages, or other costs, for every business.
It is important that I be clear that this scheme is a once-off grant aid provision and not a commercial rates waiver. It will have no bearing on the commercial rates paid by firms. Firms should continue to pay their commercial rates as normal.
The grant is intended to be paid at a rate of up to half the enterprise’s commercial rates bill, subject to a prescribed limit. The grant will be based on the commercial rates that firms paid in 2023 and therefore will not be impacted by changes to rateable valuations from 2024 onwards.
My Department will work with the Department of Housing, Local Government and Heritage and the Local Authorities to finalise the details of the grant over the coming weeks. The grant will be paid through local authorities and will be paid in the first quarter of next year.
135. Deputy Brendan Smith asked the Minister for Education if provision will be made to enable persons aged 70 years and over, subject to appropriate medical checks, to drive public service vehicles and vehicles employed on State contracts as difficulties have arisen in many areas with shortage of qualified drivers; and if she will make a statement on the matter. [50453/23]
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.
Over 134,000 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. There has been an overall increase in both applications and tickets issued for the 2023/2024 school year in comparison to the 2022/2023 school year.
While over 90% of services are contracted locally, Bus Éireann apply stringent assessments of each individual driver on over 7,000 school routes. This includes vetting and background checks.
It is Bus Éireann company policy that normal retirement age for all Bus Éireann staff is currently 66 years. However, Bus Éireann part-time school bus drivers and drivers nominated by private operators who operate service as part of the School Transport Scheme may continue to perform in the role provided they hold the requisite license and satisfy an annual medical examination until they retire at age 70. This policy and criteria is applied to all drivers who provide school transport services on behalf of Bus Éireann equally.The age limit on school bus drivers was increased to 70 years a number of years ago. While Bus Éireann have informed the Department there is no plan to increase the age limit further at this time, the matter will continue to be kept under review.
136. Deputy Niamh Smyth asked the Minister for Education if her Department is aware of any relaxation of the rule that a school bus driver must retire by the age of 70, given the current shortage of drivers; if her Department is planning a review of these rules; when a decision is likely to take place; and if she will make a statement on the matter. [50303/23]
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.
Over 134,000 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. There has been an overall increase in both applications and tickets issued for the 2023/2024 school year in comparison to the 2022/2023 school year.
While over 90% of services are contracted locally, Bus Éireann apply stringent assessments of each individual driver on over 7,000 school routes. This includes vetting and background checks.
It is Bus Éireann company policy that normal retirement age for all Bus Éireann staff is currently 66 years. However, Bus Éireann part-time school bus drivers and drivers nominated by private operators who operate service as part of the School Transport Scheme may continue to perform in the role provided they hold the requisite license and satisfy an annual medical examination until they retire at age 70. This policy and criteria is applied to all drivers who provide school transport services on behalf of Bus Éireann equally.The age limit on school bus drivers was increased to 70 years a number of years ago. While Bus Éireann have informed the Department there is no plan to increase the age limit further at this time, the matter will continue to be kept under review.
137. Deputy Pádraig Mac Lochlainn asked the Minister for Education her views on submissions that her Department has received to date from the teacher representative unions in the State about the challenge of accommodating children and students from Ukrainian refugee families; her plans to provide the necessary resources to schools and teachers for this purpose; and if she will make a statement on the matter. [50311/23]
View answerThe teacher representative unions have been involved in the Ukraine Education Stakeholder meetings with my Department since the beginning of the response to the Ukraine Crisis. The purpose of these meetings is to update the group on the wider Education work programme on the response to the Ukraine crisis and allow for feedback and Q&A session with stakeholders. No submissions have been received to date from the teacher representative unions in the State about the challenge of accommodating children and students from Ukrainian refugee families.
The Regional Education and Language Teams (REALT), hosted by the 16 regional education and training boards (ETBs) were established by my Department to support the education needs of children from Ukraine arriving in Ireland.
Each REALT is led by a REALT co-ordinator employed by the local ETB and funded by the Department. The co-ordinator works closely with the Tusla Education Support Service (TESS), the National Educational Psychological Service (NEPS) and the National Council for Special Education (NCSE). Each of these organisations has a representative on every REALT. In addition, other agencies and stakeholders have nominated liaison persons to work with each REALT, including all school management bodies at primary and post-primary as well as the education centres around the country.
The Department of Education is providing a number of necessary resources to schools and teachers accommodating Ukrainian children and young people in their schools, including English as an Additional Language (EAL) and Special Education Needs resources. To aid in pupils’ integration into school life and to support those learning the English language, the Department of Education allocates EAL tutoring hours to both primary and post-primary schools. The number of EAL hours allocated is based on the number of New Entrant pupils enrolled and additional supports are given for higher enrolments.
A guidance note for schools was issued in respect of SET and SNA allocations for the ‘23/24 school year. The allocation of supports is based on graduated thresholds of Ukrainian enrolments, which align with the SET and SNA allocations on a national basis. The process is responsive to the needs and the allocation is adjusted on circa a 6 weeks basis for any changes in the Ukrainian enrolment numbers in our schools.
The Department has also set up a helpline for school principals, where principals can enquire about additional supports for their schools at Usupport@education.gov.ie and 057 9324461.?
138. Deputy Pádraig Mac Lochlainn asked the Minister for Education to outline how she plans to reduce class sizes in DEIS schools across Donegal in response to the challenge for teachers in trying to accommodate a diverse range of needs in the large class groups, in particular practical subjects, due to the lack of physical space in rooms; and if she will make a statement on the matter. [50312/23]
View answerMy Department provides a wide range of supports to all schools, DEIS and non-DEIS, to support the inclusion of all students and address barriers to students achieving their potential.
Supplementing the universal supports available to all schools, the Delivering Equality of Opportunity in Schools (DEIS) Programme is a key policy initiative of my Department to address concentrated educational disadvantage at school level in a targeted and equitable way across the primary and post-primary sector.
In March last year, I announced the single largest expansion of the DEIS programme. This benefited 361 schools. The programme now includes in the region of 1,200 schools and supports approximately 240,000 students. 1 in 4 students and 30% of schools are now supported in the programme.
This expansion added an additional €32million to my Department’s expenditure on the DEIS programme from 2023, bringing the overall Department of Education allocation for the programme to €180million.
The DEIS Identification process is based on the principle of concentrated disadvantage and the proportion of students from disadvantaged backgrounds within a school. The DEIS identification model aimed to identify those schools with the highest levels of disadvantage or the highest proportion of students from disadvantaged backgrounds within a school using the school’s enrolment data and national census data as represented by the Pobal HP Deprivation index which is publicly available.
Budget 2024 has provided for an unprecedented €10.5 billion investment in Education and schools. This includes an increase of €421 million in core current funding, as well as over €80 million in core capital funding. An additional €170 million is also being provided as part of Cost of Living and COVID-19 supports. These additional funds build on significant increases in recent budgets and further enhance the investment in Ireland’s primary and post-primary education system. The significant increased investment is the largest Education budget in the history of the state and reflects government’s commitment to a quality inclusive school system and improved learning outcomes for every student.
In the 3 previous Budgets, I prioritised reducing the pupil teacher ratios in primary schools which has brought the teacher allocation ratio to an average of 1 classroom teacher for every 23 pupils in all primary schools, the lowest level ever seen at primary level. A three point reduction in the retention schedule, which I introduced in 2021, assists schools that would otherwise be at risk of losing teaching posts. I also improved teacher allocations for DEIS Urban Band 1 schools which now stand at an average of 17:1, 21:1 and 19:1 for junior, senior and vertical schools respectively.
This lower pupil teacher ratio in DEIS schools is part of the additional supports provided to these schools to help address educational disadvantage. The aim is to ensure that students in these schools receive more individual attention and support, which can contribute to improved educational outcomes.
In addition to smaller class sizes, DEIS Band 1 schools also receive additional leadership allocation and other supports.
The Department’s Capital Programme details the school projects that are being progressed under Project Ireland 2040. The current status of large-scale projects being delivered under Project Ireland 2040, including projects in the area in question, may be viewed on my Department's website at, www.gov.ie and this information is updated regularly. In addition, a list of large-scale projects completed from 2010 to date may also be viewed on the website.
The Capital Programme also provides for devolved funding for additional classrooms, including accommodation for pupils with special educational needs, if required, for schools where an additional enrolment need has been identified or where an additional teacher has been appointed. Details of schools listed on this programme (the Additional Accommodation Scheme) can also be found on my Department's website at www.gov.ie and this information is also updated regularly.
There are 47 ongoing additional school projects registered to County Donegal of which 35 relate to DEIS schools.
My Department recognises the need to target resources to those schools who need them most, the next phase of work will explore the allocation of resources to all schools to tackle educational disadvantage.
The DEIS Plan is based on the premise that in order to have the maximum possible impact on providing opportunities for students most at risk of educational disadvantage, then extra resources need to be targeted as closely as possible at those students with the greatest level of need. This will involve further development of the existing DEIS programme, to create a more dynamic resource allocation model where levels of resources more accurately follow the levels of need identified by objective data.
To support this work my Department has invited the OECD Strength Through Diversity: Education for Inclusive Societies Project to review the current policy approach for the allocation of resources to support students at risk of educational disadvantage in Ireland, this is currently ongoing and the OECD team estimate that the review will be complete in Q2 of 2024. This review will provide an independent expert opinion on the current resource allocation model for the DEIS programme and, drawing on international examples, inform a policy approach for an equitable distribution of supplementary resources to support students at risk of educational disadvantage attending all schools, both DEIS and non-DEIS.
139. Deputy Pádraig Mac Lochlainn asked the Minister for Education her plans to address the challenge of teacher retention and supply at schools across Donegal; and if she will make a statement on the matter. [50313/23]
View answerEnsuring that every child's experience in school is positive and that they have qualified, engaged teachers available to support them in their learning is a priority area of action for the Government.
Budget 2024 contains a range of measures that demonstrate my commitment to continued investment in our education system. In addition to numerous actions I have taken in recent years to address teacher supply, a number of specific, targeted measures will be introduced with the new funding provided.
These include a professional masters of education (PME) incentive scheme, funding for additional teacher upskilling programmes, and increasing the number of posts of responsibility.
• A professional masters of education (PME) incentive scheme will be introduced for newly qualified teachers graduating in 2024. Those newly qualified teachers who graduate with a PME will, subject to some conditions, be eligible for an incentive payment of up to €2,000. This incentive payment will be paid to eligible primary and post-primary teachers in 2025. It will recognise the costs that PME students incur when completing their initial teacher education, assist them with these costs and encourage suitable candidates to consider a career in teaching.
• Additionally, there will be an expansion in the number of upskilling programmes available. These programmes, which are free to teachers, increase the number of teachers who are qualified to teach in-demand subjects and reduce the level of out-of-field teaching. These new upskilling programmes in Irish, French, politics & society, and computer science will be in addition to existing upskilling programmes in maths, physics and Spanish.
• Also, an additional 1,000 posts of responsibility will be provided in the school system for the 2024/25 school year. This is in recognition that school leaders play a key role in improving educational outcomes by creating a positive school climate and environment as well as motivating and empowering educators and learners within their school communities.
These new measures are in addition to a range of targeted measures that I have introduced in recent times, including:
• At primary level, I approved 610 additional places on initial teacher education programmes for this and the next academic year (2023/24 and 2024/25).
• I have met with the primary teacher initial education providers on continuing existing flexibilities that enable student teachers to support schools, either while on placement, or in a substitute capacity. In 2023, more than 2,700 student teachers registered with the Teaching Council and provided valuable support to schools as substitute teachers.
• Restrictions on job-sharing teachers from working as substitutes have been reduced. These teachers may be employed to work as substitutes during the period they are rostered off duty.
• Limits on substitute work applying to teachers on career breaks have also been suspended.
• Post-primary teachers can provide up to 35 additional hours of substitute cover per term in the subject they are qualified to teach.
The teacher allocation ratio in primary schools is now at the lowest ever seen at primary level. The average student-per-teacher ratio in primary schools reduced by 10% between 2017 and 2023.Teaching remains an attractive career choice.
• CAO first preference choices for post-primary teaching increased this year by 14%, in addition to a 9% increase in 2022.
• Starting pay for teachers is over €41,000 since October under the extension to Building Momentum.
• Over 3,700 newly qualified teachers have registered with the Teaching Council in 2023, with over 120,000 now on the Teaching Council register.
While schools in certain locations are experiencing challenges in both recruiting teachers and obtaining substitute teachers, the vast majority of sanctioned teacher positions are filled. The rate of resignation and retirement is very low by any standard and is consistent with previous years.
My Department continues to engage closely with school management bodies, teacher unions and other education stakeholders to develop further, innovative measures to address teacher supply issues.
