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Wednesday, 6 Mar 2024

Written Answers Nos. 63-88

Departmental Staff

Questions (63)

Catherine Murphy

Question:

63. Deputy Catherine Murphy asked the Minister for Finance the number of exit and or severance and or redundancy packages granted by his Department, and bodies under his aegis, and of bodies he funds in full or in part, of €200,000 and above in the years 2019, 2020, 2021, 2022, 2023 and to date in 2024; and if he will provide the amount of same, body, name and year. [11014/24]

View answer

Written answers

In the years from 2019 to date, my Department and the bodies under the aegis of my Department did not grant any exit, severance or redundancy packages of €200,000 and above.

Revenue Commissioners

Questions (64)

Brendan Griffin

Question:

64. Deputy Brendan Griffin asked the Minister for Finance if monthly technical adjustment figures being paid by a person have already been settled by their employer (details supplied); if so, if the amount paid by the employer in respect of the person will be clarified; if the person will be refunded any amounts they have paid to the Revenue Commissioners; if the matter has not been settled by the employer, if the matter will be reviewed by the Revenue Commissioners with a view to establishing if the person's case should have been included alongside other similar cases in the settlement by the employer; and if he will make a statement on the matter. [11028/24]

View answer

Written answers

I am advised by Revenue that, in compliance with section 851A of the Taxes Consolidation Act 1997 (TCA), it is not permitted to disclose details relating to the tax affairs of any individual taxpayer or taxable entity, except in certain limited circumstances provided for in law, for example in the case of tax settlements meeting the criteria for publication under section 1086 of the TCA.

Revenue is therefore unable to provide the information requested by the Deputy pertaining to the employer (details supplied). I am advised that the person (details supplied) has entered into a payment arrangement with Revenue and that this arrangement stands. Therefore, there are no refunds due.

Banking Sector

Questions (65)

Seán Sherlock

Question:

65. Deputy Sean Sherlock asked the Minister for Finance the number of properties that remain vacant following the closure of bank branches in all the banks that the State has shares in, in each county and area, in tabular form; and the average worth each property. [11031/24]

View answer

Written answers

As Minister for Finance, I have no role in commercial and operational decisions in any particular bank, even one in which the State has a shareholding. Decisions in this regard are the sole responsibility of the board and management of the banks, which must be run on an independent and commercial basis. This independence is protected by a Relationship Framework which is a legally binding document that cannot be changed unilaterally. This framework, which is publicly available, was insisted upon by the European Commission to protect competition in the Irish market. 

Not withstanding the above, officials in my department have contacted AIB and PTSB in relation to this query and each bank have provided the below information: 

PTSB

We have one fully vacant former branch office; Bishopstown in Cork.

After acquiring the twenty five Ulster branches in January of 2023, PTSB amalgamated its Bishopstown branch into the nearby (former UB branch) in Wilton, one of the twenty five we had acquired. 

Group Property subsequently put the Bishopstown branch on the market. We are now sale agreed on that property, with the sale expected to close in the next few weeks. PTSB values all of its freeholds. PTSB has the Bishopstown property on its balance sheet (Oct 31st , 2023 valuation) at €900,000.

AIB

We have two properties that are owned by the bank which are vacant. One in Gweedore and one on O’Connell Street in Dublin.

Portfolio

Property Name

County

Est. of Market Value

AIB

Gweedore

Donegal

€80,000

AIB

36/37 O’Connell Street

Dublin

€3,850,000

Tax Code

Questions (66)

Michael Fitzmaurice

Question:

66. Deputy Michael Fitzmaurice asked the Minister for Finance if a person is a resident in the USA and was Irish born with a PPS number, if that person enters a five-year lease to lease owned lands, if this is tax free; if not, what is the terms and criteria; and if he will make a statement on the matter. [11046/24]

View answer

Written answers

I am advised by Revenue that rental income from Irish-situate property is normally taxable under what is known as Case V of Schedule D of the Taxes Consolidation Act 1997 (TCA) and that Ireland retains taxing rights on income from “immovable property” located in the State under Article 6 of the Double Taxation Agreement between Ireland and the United States of America.  Therefore, rental income arising to a US resident from land situated in Ireland is subject to tax in Ireland.

Where land that is the subject of a lease is farm land, section 664 of the TCA may provide an income tax relief where certain conditions are satisfied. Subject to an upper limit, individuals who qualify for the relief are entitled to take a deduction in determining their total income for income tax purposes.

The lease must be a qualifying lease, that is, a lease of farm land which —

• is in writing or evidenced in writing,

• is for a definite term of five years or more, and

• is made on an arm’s length basis between one or more qualifying lessors and one or more qualifying lessees.

In respect of farm land which has been purchased by an individual pursuant to a contract entered into on or after 1 January 2024 for a consideration equal to the market value of the land at the date of the purchase, an individual must hold the farm land concerned for at least seven years before leasing the farm land under a qualifying lease. Where the land has been acquired otherwise than by purchase, this restriction may not apply.

I am advised by Revenue that there is no requirement under section 664 TCA for an individual landowner to be resident in Ireland to avail of the income tax exemption, once the various conditions of the measure are met.

Information on the relief available under section 664 TCA in respect of the leasing of farm land is contained in Revenue’s published Tax and Duty Manual on ‘Relief for certain income from leasing of farm land (Section 664)’, which can be accessed on the Revenue website at: www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-23/23-01-23.pdf.

Departmental Staff

Questions (67)

Alan Kelly

Question:

67. Deputy Alan Kelly asked the Minister for Finance to list all staff/management exit packages for staff/management in their Departments that they sanctioned since 2016 (details supplied). [11159/24]

View answer

Written answers

I wish to inform the Deputy that the details of exit packages paid to staff as requested are set out below:

In 2016, 2018 and 2019 no exit packages were paid to staff.

2017:

• Special Adviser; Redundancy of €24,576

• Civilian Driver; Redundancy of €7,944 and Severance of €15,921.68

• Civilian Driver; Redundancy of €,7944 and Severance of €15,971.62

2020:

• Special Adviser; Severance of €12,496.17

• Civilian Driver; Redundancy of €4,224 and Severance of €8,583.82

• Civilian Driver; Redundancy of €4,224 and Severance of €6,437

2021:

• Special Adviser; Redundancy of €4,644 and Severance of €27,448

2022:

• Civilian Driver; Redundancy of €7,308 and Severance of €2,586.73

• Civilian Driver; Redundancy of €6,446.49

2023:

• Special Adviser; Redundancy of €3,156 and Severance of €13,111.33

All the above exit packages are as a result of a change of Government or a change of Minister.

The entitlement to redundancy payments and severance (if applicable) is in line with instructions issued by the Department of Public Expenditure, NDP Delivery and Reform in respect of Ministerial Appointments.

Customs and Excise

Questions (68)

Michael Healy-Rae

Question:

68. Deputy Michael Healy-Rae asked the Minister for Finance if the cost of importing a car can be reviewed (details supplied); and if he will make a statement on the matter. [11177/24]

View answer

Written answers

Where a country is not a member of the European Union, it must be treated as a ‘third country’ for VAT and customs purposes. The UK’s relationship with the European Union is somewhat more complicated, in that while most of the UK is outside of the European Union with regards to VAT and customs, Northern Ireland remains within the European Union from the perspective of the supply of goods. This means that where items, including vehicles, can be shown to have Union Goods Status, they are not subject to VAT and customs import requirements. Union Goods means goods that have origin in or are in free circulation in the European Union, including Northern Ireland.

Where a vehicle is imported from the UK (excluding Northern Ireland) to Ireland, it will be subject to import VAT, in accordance with the European VAT Directive. This is the same as the treatment of all other third countries. On import to Ireland, VAT is charged at the standard rate, currently 23%, on the total of the customs value of the vehicle plus any applicable customs duty, and this must be paid prior to registration.

To import a vehicle from any third country into Ireland, a customs declaration must also be completed. Customs duty of 10% typically applies on the customs value of the vehicle.

However, the EU-UK Trade and Cooperation Agreement (TCA) has eliminated tariff duties for trade between the EU and Great Britain where the relevant rules of origin are met. If the goods are of UK origin, then a 0% customs duty rate applies. Under the terms of the TCA, goods of EU origin that were in use in the UK and that were subsequently imported into Ireland from Great Britain will not be eligible for the 0% tariff rate, as they will not qualify as UK origin.  If a vehicle is of UK origin, it is important to note that the preferential tariff treatment must be claimed on import on the customs declaration.

Returned Goods Relief (RGR) provides relief from Customs Duty for cars which have been exported from the EU to a third country and re-imported into the EU, provided all the conditions for RGR are met. For example, where a car was manufactured in the EU, shipped to the UK and then exported from the UK to Ireland, it might be eligible for RGR if the conditions below are met. In very specific circumstances, relief from VAT on import may also apply where the car is re-imported into the EU by the same person that originally exported the car from the EU. The conditions for RGR are:

• The car must have been originally exported from the EU

• Must not have been altered and

• Must be re-imported within three years of export from the EU.

Rules on VAT and customs are typically determined at an EU level and are a consequence of the UK’s departure from the European Union. They are consistent with the treatment of other non-member third countries.

Vehicle Registration Tax (VRT) rates have remained very similar since the UK’s departure from the European Union, with slight increases in rates of VRT on passenger vehicles with higher emissions in recent years. VRT is charged in exactly the same way regardless of the place of origin of the vehicle concerned.

Pension Provisions

Questions (69)

Robert Troy

Question:

69. Deputy Robert Troy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if she will urgently address an anomaly in the retirement system, whereby a retiree from the HSE must apply for jobseekers for a nine-month period prior to receiving a suitable pension. [10932/24]

View answer

Written answers

As the Deputy may be aware, I have overall policy responsibility in relation to public service occupational pension schemes payable to retired public servants.

For all new entrants to the public service (including members of HSE) on or after 6 April 1995 (the date of introduction of full social insurance for public servants who now pay Class A PRSI) and before 1 January 2013 (the date of introduction of the Single Public Service Pensions Scheme) pension payment comprises of three components:

1. A Public Service Occupational Pension payable by the public service employer;

2. Social Insurance benefit(s) payable, subject to eligibility, by the Department of Social Protection (DSP) and;

3. Where the Social Insurance benefit payable does not equate to the full rate of State Pension Contributory (SPC), an occupational supplementary pension may be payable by the public service employer subject to an individual meeting eligibility criteria.

An occupational supplementary pension seeks to make up the difference between the occupational pension which would have been payable had that pension not been integrated, and the occupational pension in payment when combined with any Social Insurance Benefits in payment. The payment of an occupational supplementary pension is not automatic and is subject to an individual meeting the following criteria:

• The retired public servant is not in paid employment;

• The retired public servant, due to no fault of their own, fails to qualify for Social Insurance benefit(s) or qualifies for a benefit at less that the value of the SPC; and

• The retired public servant must have reached minimum pension age or retired on grounds of ill-health.

The second condition is important to ensure no duplication of payments from public funds. To verify this condition, prior to payment of the Occupational Supplementary Pension, a retired public servant must engage with the DSP and obtain proof that they have exhausted any relevant benefits for which they may be eligible under the social insurance system. The rules surrounding qualifying for a Social Insurance benefit are a matter for the DSP.

My Department is aware that there are some issues concerning the procedures for qualifying for the payment of an Occupational Supplementary Pension and we are liaising with the DSP and other key stakeholders to review the processes involved and establish if a more efficient and streamlined approach is possible.

Departmental Staff

Questions (70)

Carol Nolan

Question:

70. Deputy Carol Nolan asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to clarify the number of redundancies, or so called ‘exit-packages’, that have been paid to staff or personnel at any level of seniority in his Department, or in any agency or body under the aegis of his Department, from 2018 to date; the value of each and the total value, in tabular form; and if he will make a statement on the matter. [10991/24]

View answer

Written answers

The table below sets out the information requested by the Deputy in respect of my Department and the bodies under its aegis.  In the period since 2018, the total amount paid by my Department in this regard was €50,705 and by the Office of Public Works was €36,621.  These amounts have been aggregated in order not to identify the amounts paid to any individual person.  I am advised that there were no such payments in that period by any of the other bodies under the aegis of my Department. 

Public Body

Year

Number of Severance Payments

Department of Public Expenditure, NDP Delivery and Reform

2019

1 severance payment

Department of Public Expenditure, NDP Delivery and Reform

2022

1 severance payment

Office of Public Works

2020

3 x severance payments

Departmental Staff

Questions (71)

Catherine Murphy

Question:

71. Deputy Catherine Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of exit and or severance and or redundancy packages granted by his Department, and bodies under his aegis, and of bodies he funds in full or in part, of €200,000 and above in the years 2019, 2020, 2021, 2022, 2023 and to date in 2024; and if he will provide the amount of same, body, name and year. [11020/24]

View answer

Written answers

I wish to advise the Deputy that there have been no such instances in my Department or the bodies under its aegis since 2019.

Departmental Staff

Questions (72)

Alan Kelly

Question:

72. Deputy Alan Kelly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to list all staff/management exit packages for staff/management in their Departments that they sanctioned since 2016 (details supplied). [11165/24]

View answer

Written answers

The table below sets out the information requested by the Deputy. 

Year

Role

Basis

2016

Ministerial staff (4 staff members)

Severance arrangements are in place for Ministerial personal staff

2019

Assistant Principal Officer

Section 7(b) of the Superannuation and Pension Act 1963

2022

Ministerial staff (1 staff member)

Severance arrangements are in place for Ministerial personal staff

Work Permits

Questions (73)

Cormac Devlin

Question:

73. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment if the updated regulations for work permits facilitate a category for an employee engaged in the preparation or manufacture of tofu, and if so what general category; and if he will make a statement on the matter. [10836/24]

View answer

Written answers

The occupation of Food Process Operative, which is the job category for workers involved in the preparation and manufacture of tofu, is currently on the Ineligible Occupations List and, as such, employment permits cannot be granted for this occupation.

The outcome of the most recent review of the occupations lists for employment permits was announced last December. The review comprised a public consultation which was held over the summer of 2023. The final recommendations announced in December included changes to 43 roles. Although a submission to the review was received from the tofu industry, the evidence provided was not deemed sufficient to merit its removal from the Ineligible Occupations List.

An occupation may be eligible for an employment permit where evidence supports that, for example, no suitable Irish/EEA nationals are available to undertake the work; development opportunities are not undermined; genuine skills shortages exist; and recruitment or retention issues are affected by factors other than salary and/or employment conditions.

The next Review of the Occupations Lists will again, by way of a public consultation, provide stakeholders with the opportunity to make an evidence-based submission to support the request to change an occupation’s eligibility status.

Regulatory Bodies

Questions (74, 75)

Darren O'Rourke

Question:

74. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment if he is satisfied that all issues involving unfair competition will be investigated in a fair and transparent manner by the CCPC; the level of oversight in this regard; the options of appeal open to complainants; and if he will make a statement on the matter. [10928/24]

View answer

Darren O'Rourke

Question:

75. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment to outline the process for ensuring that European competition law is applied fully in Ireland; if he will outline the role of the CCPC in this regard and oversight of same; and if he will make a statement on the matter. [10929/24]

View answer

Written answers

I propose to take Questions Nos. 74 and 75 together.

The Competition and Consumer Protection Commission (CCPC) is the designated regulatory authority tasked with ensuring adherence to and enforcement of competition law within Ireland. Further, the Commission for Communications Regulation (ComReg) has competition powers in electronic communications services, electronic communications networks and associated facilities.

The CCPC’s mandate encompasses the enforcement of various statutes, including the Competition and Consumer Protection Act 2014, which stipulates the CCPC’s independence in executing its duties. There is a dedicated CCPC liaison function in my Department which manages the Oversight and Performance Delivery Agreement between the Department and the CCPC.

The CCPC’s role with regard to EU competition law is provided for in the 2014 Act, which states that the CCPC has the power to carry out an investigation on its own initiative, in response to a complaint of a breach of competition law, or to assist with an investigation conducted by the European Commission or a competition authority of another Member State into suspected breaches of Article 101 or 102 of the Treaty of the Functioning of the European Union.

The CCPC is further empowered to address competition violations through the enforcement of the Competition (Amendment) Act 2022. This Act transposed the European ECN+ Directive into Irish law and represented a significant overhaul of Ireland’s competition regulatory framework. These revisions bolstered the effectiveness of Ireland’s competition enforcement mechanisms. With this enhanced enforcement authority, the CCPC can penalise violations, acting as a robust deterrent and fostering greater compliance.

Any person with evidence of a suspected breach of competition law may lodge a complaint with the CCPC. The CCPC will consider any such complaint and any relevant competition concerns on a case-by-case basis. The CCPC conducts investigations based on prioritisation criteria, which include assessing the level of economic or physical harm, potential impact of CCPC’s actions, strategic importance, resource allocation and associated costs.

A decision by the CCPC not to take further action in respect of a complaint does not infringe on the right of complainants to take private action. In such circumstances, complainants are notified of their right to pursue private action.

Under the recent reforms, the CCPC gains the authority, subject to court approval, to levy administrative financial penalties up to €10 million or 10% of total worldwide turnover on entities involved in competition law violations. The administrative adjudication framework established by the new law ensures adherence to due process and fair procedures as outlined in the Irish Constitution. It mandates a clear separation between the investigative and adjudication functions of the CCPC. Following a public consultation, the CCPC published a series of policies, guidelines, and procedures on the operation of its enforcement powers, including fining guidelines.

Furthermore, the CCPC retains the capability to investigate and pursue breaches of competition law, with options for summary prosecution in the District Court or referral to the Office of the Director of Public Prosecutions in more severe cases. The CCPC must meet evidential thresholds required for criminal prosecution. Additionally, it can initiate civil enforcement actions against violations of both Irish and European competition laws. Individuals or entities subject to enforcement actions have the right to appeal through the courts service. These enforcement powers extend to breaches of both European and Irish competition laws.

Question No. 75 answered with Question No. 74.

Departmental Staff

Questions (76)

Carol Nolan

Question:

76. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment to clarify the number of redundancies, or so called ‘exit-packages’, that have been paid to staff or personnel at any level of seniority in his Department, or in any agency or body under the aegis of his Department, from 2018 to date; the value of each and the total value, in tabular form; and if he will make a statement on the matter. [10983/24]

View answer

Written answers

My Department paid severance and redundancy to Ministerial Personal Staff and Ministerial Advisers on the dissolution of the 32nd Dáil under the terms laid out by the Department of Public Expenditure, NDP Delivery and Reform and statutory entitlements under the Redundancy payments Acts 1967-2014. 

Additionally, my Department paid severance and redundancy to Ministerial Personal Staff and Ministerial Advisers whose contracts were co-terminus with a Minister who resigned during the tenure of the current Government. 

Details are included in the table below and in the interest of GDPR and to minimise individual identification, the information is provided by way of overall numbers and payment bands.

My Department has not sanctioned or paid any other exit packages or payments in addition to severance and redundancies outlined above.

Year

No of Redundancies

Range of payments €

No of Severance

Range of payments €

2018

0

0

2

3,467 – 10,160

2020

3

3,936 – 5,496

3

8,603 – 11,690

2023

2

9,120 – 10,716

2

15,515 – 16,280

2024

0

0

0

0

Regarding the Agencies under the remit of my Department, my officials have reached out to the Agencies who are examining their records to respond to the specific details requested by the Deputy.  My Department will provide a direct response to the Deputy on receipt of the information.

Departmental Staff

Questions (77)

Catherine Murphy

Question:

77. Deputy Catherine Murphy asked the Minister for Enterprise, Trade and Employment the number of exit and or severance and or redundancy packages granted by his Department, and bodies under his aegis, and of bodies he funds in full or in part, of €200,000 and above in the years 2019, 2020, 2021, 2022, 2023 and to date in 2024; and if he will provide the amount of same, body, name and year. [11012/24]

View answer

Written answers

My Department has not paid severance or redundancy in excess of €200,000 in the years specified by the Deputy.

Regarding the Agencies under the remit of my Department, with the exception of Enterprise Ireland, no agencies have paid exit, severance or redundancy payments of €200,000 or greater in the years specified by the Deputy.

Enterprise Ireland has paid exit, severance, or redundancy packages were paid in relation to our operations in Ireland.

In countries such as the UAE, Qatar, India, China, South Korea and Saudi Arabia, there are provisions for statutory benefits, payable on exit, related to local service in those jurisdictions. Since 2019, there has been one instance of a statutory benefit, paid on retirement, in excess of €200,000. This payment, which is detailed below, related to an individual with long service, in excess of 35 years, which was payable upon their retirement. This was an end of service payment in line with local legislative requirements, with no discretionary element.

Agency

Role

Euro Equivalent

Year

Enterprise Ireland

Senior Market Adviser Overseas Role

€305,505

Statutory benefit arising from over 35 years of service

2020

Departmental Staff

Questions (78)

Alan Kelly

Question:

78. Deputy Alan Kelly asked the Minister for Enterprise, Trade and Employment to list all staff/management exit packages for staff/management in their Departments that they sanctioned since 2016 (details supplied). [11157/24]

View answer

Written answers

My Department paid severance and redundancy to Ministerial Personal Staff and Ministerial Advisers on the dissolution of the 32nd Dáil under the terms laid out by the Department of Public Expenditure, NDP Delivery and Reform and statutory entitlements under the Redundancy payments Acts 1967-2014.

Additionally, my Department paid severance and redundancy to Ministerial Personal Staff and Ministerial Advisers whose contracts were co-terminus with a Minister who resigned during the tenure of the current Government.

My Department has not sanctioned or paid any other exit packages or payments in addition to severance and redundancies outlined above.

School Transport

Questions (79)

Brendan Griffin

Question:

79. Deputy Brendan Griffin asked the Minister for Education if Bus Éireann will review its school transport policy on over 70s bus drivers given that other publicly funded public bus services do not have this restriction; and if she will make a statement on the matter. [11065/24]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education.  In the current school year over 161,600 children, including over 135,000 pupils travelling on primary and post primary services, 19,800 pupils with special educational needs, and 6,800 pupils who have arrived to Ireland from Ukraine are transported on a daily basis to primary and post-primary schools throughout the country.

The total cost of the scheme in 2023 was €382.02m.

Bus Éireann operates the school transport scheme on behalf of the Department of Education. The purpose of the scheme is to provide transport for children living remotely from their nearest school. Safety is a core value for Bus Éireann and is its first priority in all operations.

The retirement age for school bus drivers has been set by Bus Éireann at 70 years of age, which also applies to road passenger services.

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. Bus Éireann and Department officials meet regularly to discuss operational and policy matters.

Special Educational Needs

Questions (80)

Seán Crowe

Question:

80. Deputy Seán Crowe asked the Minister for Education the total number of ASD places available in schools in the Dublin southwest area; the number of additional ASD places that have been created for the 2023-2024 academic year; and the number of applications for places received to date for the coming academic year. [10841/24]

View answer

Written answers

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.

In 2023, my department spent over €2.6 billion on special education and further progress will be made this year as an additional €113 million will be dedicated to providing supports for children with special educational needs.

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 2024, the number of teaching and SNA posts in our schools will increase with an additional 744 teachers and 1,216 SNAs added to deliver up to 2,700 new places for children with special educational needs. This will mean we will have over 41,500 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.

Over the last number of years, my department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with almost 1,300 new special classes sanctioned and seven new special schools established over the last four years.

My department engage intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This forward planning work is well underway ahead of the 2024/25 school year. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, an analysis of available school accommodation, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level. 

As a result of this forward planning, two new special schools have been established for this current school year in Cork and Dublin, with further capacity being expanded in 11 other special schools.

In December 2023, I was also very happy to announce with my colleague Minister Foley, the establishment of a further four new special schools for the 2024/25 school year in Meath, Kildare, Wexford and Limerick. This will bring to 11 the number of new special schools established in recent years.

Along with the two new special schools opening this school year, 390 new special classes – 254 at primary and 136 at post-primary level – have been sanctioned by the NCSE for opening this current school year.

Of these 71 are in Dublin, 48 at primary and 23 at post-primary level. This brings to 534 the number of special classes in County Dublin, 408 at primary level and 126 at post-primary level.  The vast majority of these class are autism classes and have a teacher/pupil ratio of 1:6. 

The attached document lists the autism classes within County Dublin, including those sanctioned for the 2023/24 school year. Planning for special classes and special school places in County Dublin and nationwide is currently underway ahead of the 2024/25 school year.

Dublin Autism Classes 2023/2024

Enrolments to individual schools are a matter for each board of management, my department do not hold records on enrolment applications.  

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

Information on the list of schools with special classes, the types and locations of these classes is published on the NCSE website and is available at: www.ncse.ie/special-classes

My department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

Special Educational Needs

Questions (81)

Neasa Hourigan

Question:

81. Deputy Neasa Hourigan asked the Minister for Education the number of primary school children currently accessing school support plus services; and if she will make a statement on the matter. [10863/24]

View answer

Written answers

The Department has set out the Continuum of Support framework to assist schools in identifying and responding to pupils’ needs. This framework recognises that special educational needs occur along a continuum, ranging from mild to more significant, and from transient to long term, and that pupils require different levels of support depending on their identified educational needs. Using this framework helps to ensure that interventions are incremental, moving from whole school and class-based interventions to more intensive and individualised support, and that they are informed by careful monitoring of progress.

Identification of educational needs is central to the model for deploying special education teaching resources in schools. Using the Continuum of Support framework, schools can identify pupils’ educational needs, to include academic, social and emotional needs, as well as needs associated with physical, sensory, language and communication difficulties.

 As special educational needs can vary from mild and/or transient to more significant and enduring, educational planning should reflect the level of need of the individual pupil. In this regard, the Student Support File is used to record a graduated response to the identification of need, planning, intervention and the monitoring of outcomes across the different levels of the Continuum: Classroom Support, School Support and School Support Plus. For pupils with significant, enduring and more complex needs, collaboration with external professionals, including multi-disciplinary teams, is advised (for example, occupational therapist, speech and language therapist and psychologist).

Decisions as to how additional teaching resources are deployed at the level of the school are a matter for the school’s leadership team in conjunction with the special education teacher(s).  These additional resources are deployed taking account of the principle that children with the greatest level of need should receive the greatest level of support.  Every school operates within its own context and the number of children who access the highest level of support will vary from school to school.  Typically, however, the highest level of school support plus is provided for a small number of pupils, thereby facilitating the provision of intensive and individualised support to the pupil at this level.

Data in relation to individual pupils who receive support in line with the continuum of support is held at the individual school level.

Departmental Data

Questions (82)

Neasa Hourigan

Question:

82. Deputy Neasa Hourigan asked the Minister for Education the data sets that will be included in the school data return process in 2024; if children's diagnosis status will be included in the data; and if she will make a statement on the matter. [10864/24]

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Written answers

I would like to thank the deputy for the question. 

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.

In 2023, my department spent over €2.6 billion on special education and further progress will be made this year as an additional €113m will be dedicated to providing supports for children with special educational needs.

When the 2017 model was introduced it replaced a diagnosis led model with one based on need. This has not changed for 2024 and the allocation to schools is to support all of the children in school who require some level of additional teaching support. 

The department, along with stakeholders, are cognisant that the model needs to continue to evolve so that the SET allocations process takes into account new or improved data sources and other changes within the school system.

A phased high level plan has been compiled to further enhance the data available to support the  model has been highlighted 

This will include examining the data sets that are available on a consistent basis across all schools for inclusion the school data return process.

Departmental Data

Questions (83)

Neasa Hourigan

Question:

83. Deputy Neasa Hourigan asked the Minister for Education if she will outline the calculation for the baseline allocation of resources to rapidly developing primary schools for the provision of educational supports for rapidly developing schools; and if she will make a statement on the matter. [10865/24]

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Written answers

I would like to thank the Deputy for the question.

As the SET allocation model has been in place since 2017 based on a 2014 NCSE report, my Department believed a review of the model was prudent. The department commenced a review in late 2022 to ensure that the model was meeting the changing needs in special education.

A key outcome of the review was the need as a first step to move the SET allocation model to an annualised process from the existing 2/3year updating of a schools profile.

The intervals between updates to school profiles historically has meant that the model may not have had the capacity to respond to the needs of schools, particularly new and rapidly developing schools, to the extent required.

The move to an annualised updating of profiles is a crucial component in supporting developing schools in the provision of support to their pupils.

The department, along with stakeholders, are cognisant that the model needs to continue to evolve so that the SET allocations process takes into account new or improved data sources and other changes within the school system.

A phased high level plan has been compiled to further enhance the model over the coming years. . The initial focus will be on issues such as:

• Development of a revised process for resourcing new schools and those in early stages of development

• Development of a mechanism for transfer of resources from primary to post primary based on changing demographics

• Examination of geographically isolated schools

• Examination of additional potential data sets already available in schools or other areas within the early years settings that could support greater sensitivity in the model.

My department with be consulting closely with our education partners on these developments including a revised process  for rapidly developing schools.

The Department acknowledges that every school is different, and that schools can experience unique circumstances that may be difficult to reflect in any standardised method. This is always a challenge when making allocations in respect of 4,000 schools.

As part of the revised streamlined review process the NCSE has been asked to prioritise review requests from rapidly developing schools. 

I would like to confirm that the allocation to all schools is based on the pillars (enrolment, literacy and numeracy and educational disadvantage as outlined in circular 02/2024

School Funding

Questions (84)

Sorca Clarke

Question:

84. Deputy Sorca Clarke asked the Minister for Education how much money was allocated per county and the amount of funding that was allocated to primary schools under PE grants for 2023, 2022 and 2021, in tabular form; and if she will make a statement on the matter. [10881/24]

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Written answers

The current Physical Education (PE) curriculum was introduced as part of the Primary School Curriculum (1999). The PE curriculum is for children from junior infants to sixth class.  It provides a balanced range of activities for children through the six strands; Athletics, Dance, Gymnastics, Games, Outdoor and adventure activities and Aquatics.  The primary curriculum is currently undergoing a period of review and redevelopment. The new Wellbeing curriculum, which includes Social, Personal and Health Education (SPHE and PE, is under development and will be subject to public consultation from March to June 2024.

With regards to the delivery of the PE curriculum, all primary school teachers have first-line responsibility for the teaching of the full primary curriculum, including the PE curriculum to all pupils in their classes.  Schools may at their discretion choose any resources to assist in the delivery of the curriculum.

There is no separate funding provision for the delivery of PE in schools. Costs for the delivery of the PE curriculum in the classroom is included in teachers’ pay and any professional development which may be provided by the Department’s support services. Capitation grants are provided to all schools to cover day to day running costs. Individual schools have discretion to determine the level of allocated funds from the Department of Education to PE activities.  For example the minor works grant funding is provided to primary schools to cover small-scale works, maintenance costs etc. and schools have flexibility to use it to purchase equipment which may include PE equipment.   

The Physical Activity in Teaching and Learning Pilot Programme was launched on Thursday 22 February 2024 by the Minister for Sport and Physical Education, Thomas Byrne TD. The purpose of the Pilot Programme is to provide an opportunity for schools to be innovative and creative in integrating physical activity into the teaching and learning of a subject area. This is in addition to the physical activity experienced by learners during designated physical education lessons.

This pilot programme recognises the importance of physical activity in teaching and learning, and in health and wellbeing. It acknowledges the role of physical activity as a tool for schools to deliver a school culture and environment that supports the wellbeing of the learners, in line with the Department of Education Wellbeing Policy and Framework for Practice.

The projects undertaken by schools as part of this Pilot Programme will also be used to inform future Department of Education policy developments in relation to physical activity in teaching and learning in schools.

Special Educational Needs

Questions (85)

Jim O'Callaghan

Question:

85. Deputy Jim O'Callaghan asked the Minister for Education when construction work on the four new classrooms for an ASD unit at schools (details supplied) which was sanctioned in June 2020, will commence; and if she will make a statement on the matter. [10896/24]

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Written answers

The project to which the Deputy refers is to provide a 4 classroom Special Education Needs base, general purpose room and ancillary under my Department‘s Additional School Accommodation (ASA) Scheme.

The project was devolved for delivery to the school authority and it has appointed a design team to progress the project.

I wish to advise the Deputy that the Stage 1 Design Report for the project was received by my Department and is being reviewed by the Technical Team at present. Once this review has been completed the Department will contact the school authorities with the outcome for the progression of this much needed project. My Department will continue to engage with the school authority to provide practical advice and assistance on the project.

Departmental Correspondence

Questions (86)

Cathal Crowe

Question:

86. Deputy Cathal Crowe asked the Minister for Education if her Department can reconcile documents received from a teacher (details supplied) with their service; and if she will make a statement on the matter. [10897/24]

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Written answers

The criteria for the award of incremental credit are set out in the Department’s Circulars 10/2001 for Primary teachers, 29/2007 and 29/2010 for Post-Primary teachers.  The criteria for the award of incremental credit to recognised teachers was agreed under the auspices of the Teachers Conciliation Council (TCC).

To qualify for an award of incremental credit, a teacher and their prior work experience being claimed must satisfy the eligibility criteria set out in the relevant circular. An award of incremental credit cannot be made where the eligibility criteria is not satisfied.

When an application for incremental credit is received in the Department, it is checked to ensure that it is fully completed.  Applications are managed in date received order.

Applications can take up to 20 weeks to be fully processed but most are dealt with well within this timeframe.  Factors that impact on this processing time include incomplete application forms and conflicting information on the application form.  Please be advised that if a teacher meets the criteria set out in Circulars 10/2001 for Primary teachers, 29/2007 and 29/2010 for Post-Primary teachers, incremental credit will be awarded and any monies due paid accordingly.

The person named has submitted an application for an award of incremental credit to my Department.  However, additional information is required from the person named in support of their application. The relevant personnel in the Department are in communication with the person named in relation to this issue and the Department will continue to process the application once all required information has been received.

School Facilities

Questions (87)

Alan Dillon

Question:

87. Deputy Alan Dillon asked the Minister for Education if her Department has completed the appraisal process for a school (details supplied); if not when she plans to do so; and if she will make a statement on the matter. [10903/24]

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Written answers

I can confirm to the Deputy, that my Department approved significant capital funding for the school in question under the Additional School Accommodation (ASA) scheme. The project approved was for 1x Art room, 1x Textiles room, 1 x Universal access wc, 1x Science laboratory and prep area and 2x Special Education Classrooms. This project was devolved to the school authorities for delivery and it is currently at stage 2A.

The school in question also requested funding for a new sports hall. However, provision for GP/PE halls does not fall within the remit of the ASA scheme.   

The purpose of my Department's Additional School Accommodation (ASA) scheme is to ensure that essential mainstream and special education classroom accommodation is available to cater for pupils enrolled each year and where the need cannot be met by the school’s existing accommodation or by available accommodation at other schools in the area. 

Investment and expenditure on PE Halls is an element of the overall School Building Programme. The provision of GP rooms and PE Halls, at primary and post primary level respectively, and outdoor hard play areas, form part of the accommodation brief for all new school buildings.   

Almost 95% of the post primary schools that made 2020 Annual Schools Returns have indicated to the Department that they either have a PE Hall, access to a nearby PE Hall, or a project in train that will deliver a new PE Hall.   Practically all schools have outdoor play areas and many schools use adjacent local facilities, including community halls, public parks, playing fields and swimming pools. 

Since 2020, my Department has invested in the region of €4.3 billion in our schools throughout the country, including the completion of over 750 school building projects with construction currently underway at approximately 300 other projects, which includes 34 new school buildings.

School building projects at construction involve an overall State investment of over €1.2 billion.  We also have a large modular accommodation programme delivering urgently needed school places.

This is a record level of investment in our schools and highlights the Government’s very strong track record of delivery in providing additional capacity and modern facilities for our school communities.

A future strengthened focus on refurbishment of existing school stock will have different strands and will include a PE build and modernisation programme which will enable students in post-primary schools to have access to appropriate facilities to support PE provision, particularly also in the context of the roll-out of PE as a leaving-certificate subject. Enhanced and modernised PE facilities will also provide important amenities for local communities.  

However, the main focus of the Department’s capital funding over the last decade and for the coming period is on provision of critical additional capacity to cater for increasing demographics and children with special education needs.  

The Department is required to manage the overall school building programme so that we target and prioritise areas that are under greatest pressure for additional school places.  This reflects the Department’s fundamental objective of ensuring the availability of a school place for every child.  

The overall position with regard to potential modernisation and replacement of existing school infrastructure will be kept under review as capital funding allocations for future years are clarified. 

The Department has to prioritise its limited capital resources, in the context both of the ongoing requirement for additional school places, including Special Education Needs places, and the high construction inflation which has significantly impacted on the cost of projects that we must deliver.

I can confirm to the Deputy, that the school in question are aware of my Department's current position on their request for funding for a sports hall. Their request will be considered when funding for this type of school accommodation is available. 

School Textbooks

Questions (88)

James Lawless

Question:

88. Deputy James Lawless asked the Minister for Education how the free schoolbooks scheme works for students who use tablets; and if she will make a statement on the matter. [10907/24]

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Written answers

On 5th March I announced details of a new ground-breaking scheme which provides free schoolbooks to Junior Cycle students in post-primary schools in the Free Education Scheme. More than 212,000 students enrolled in approximately 670 post-primary schools, will benefit from the new scheme.  

The investment of €68 million in 2024 significantly increases the funding that is currently provided for schoolbooks and introduces a free schoolbooks scheme to Junior Cycle years in all post-primary schools in the Free Education Scheme. It reinforces the Government’s commitment to expand the free schoolbooks scheme to schools nationwide, as resources allow.

This scheme will ensure that parents and guardians of students enrolled in Junior Cycle years in post-primary schools in the Free Education Scheme will not be asked to buy or rent any schoolbooks for the 2024/25 school year. This is a permanent measure and will ease some of the financial burden facing families with back-to-school costs.

The term ‘schoolbooks’ includes all relevant textbooks, including ebooks, and workbooks identified by schools as necessary for completion of the curriculum for each subject.

With the exception of post-primary schools that use teacher generated content and resources in place of schoolbooks, funding under the Junior Cycle Schoolbooks Scheme does not extend to including the purchase of digital devices by schools. However, schools may use the funding for digital media support, which relates to teaching and learning within curricular requirements.

Decisions regarding the use of digital technology, such as ebooks, in schools is a matter for the board of management/ETB of each school. Schools are advised to consult with members of the school community including parents/guardians when planning for the introduction of digital technologies, with cost and other implications being fully considered.

The objective of the new scheme is about ensuring every child and young person enrolled in Junior Cycle years in post-primary schools in the Free Education Scheme have the resources required to access education and easing the financial burdens surrounding the back-to-school costs, which can be a cause of financial difficulty for many families each year.

The Department has published guidance for schools and information for parents on how the new scheme will operate.  www.gov.ie/schoolbookschemes

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