Topical Issue Debate

Cyber Security Policy

Deputy Michael McCarthy

I thank the Ceann Comhairle's office for allowing me to raise this issue, which I was prompted to do by the tragic events of recent weeks. Any future action in this area is already too late for the two young teenagers who were victims, in the true sense of that word, of horrifying instances of cyberbullying. There is hardly a Member of this House who does not have some type of presence on social media, whether Twitter, Facebook or otherwise. Many teenagers have almost unlimited access to the Internet and spend a great deal of time on it every day. Social media sites are a substantial component of many young people's social interactions.

For the second time in six weeks, we have seen the death by suicide of a teenager as a consequence of the distress caused to them by cyberbullying. The devastation of these deaths for their parents and wider family, friends and communities is absolutely unfathomable. We as legislators can no longer stand idly by and protest that the Internet cannot be policed and we cannot do X or Y. The time has come to address the issue with the urgency and sensitivity it requires. We must look at ways of getting around the difficulties that present in tackling this issue. It is incumbent on this Legislature to fulfil its duty to the citizens of our Republic to protect young people and safeguard their self-esteem and mental health.

There must be explicit legislation in this area. I accept that it is impossible to eliminate this type of activity entirely - we must be practical and realistic - but there is an onus on us to put measures in place that will at least begin the fight-back against this absolutely appalling and despicable activity. The popularity of social media websites has boomed in recent years in this country, an unfortunate consequence being that the prevalence of cyberbullying has likewise increased. The frightening reality of cyberbullying was documented by the anti-bullying centre at Trinity College Dublin earlier this year, with survey results showing that one in four girls and one in six boys have experienced cyberbullying, either as a victim or a perpetrator. These are very harsh statistics. Unlike traditional schoolyard bullying where individuals squared off against each other, the perpetrators of cyberbullying are usually anonymous, which can reduce the empathy felt towards the victim and removes many of the traditional restraints on bullying behaviour. Cyberbullying is 24-7 by nature, persisting long after the child has left the schoolyard.

Laws specifically designed to protect victims of cyberbullying and stalking now exist in the United Kingdom and the United States. It is entirely possible to offer some limited protection under, for example, the Offences Against the Person Act.

However, it is now clear that this is insufficient and we have to go the extra mile. A new defamation bill is currently being dealt with in the House of Commons and represents a radical reform of the libel laws in that country. It contains a provision that legally compels Internet service providers to reveal the identity of those who post abusive and defamatory online messages. In return, Internet service providers will be given greater protection from being sued if they help to identify cyber bullies.

The State plans to build a new national children's hospital and, this Saturday, citizens will vote on a constitutional referendum on children's rights. This is the next logical step and there is both an urgency and necessity around this issue.

Minister for Justice and Equality (Deputy Alan Shatter)

I would like to start by thanking the Deputy for raising what is a very important issue. I am aware of the growing public concern, especially after a number of recent tragic cases to which the Deputy has referred. Let me, at the outset, express my heartfelt sympathy to the families involved who have been affected by events that we are aware of and which have featured in public discussion in recent days.

Cyberbullying is a manifestation of bullying and refers to instances where it is carried on using modern technology or, more correctly, abusing that technology. It seems more prevalent among younger people but it is not confined to that group. The anonymity of cyberspace lends itself to individuals being bullied and abused by those who feel safe in the anonymity afforded to them.

Bullying is essentially a form of harassment and, as such, falls within the provisions of the Non-fatal Offences against the Person Act 1997. Section 10 of the Act sets out the details of the offence and there is no doubt that bullying using technology, or cyberbullying as it is generally referred to, falls within the term "harassment". I therefore believe the current law can be used to address the problem. However, I have been made aware of difficulties in bringing successful prosecutions under section 10, especially around the need to demonstrate persistence in the harassment. I have asked the Law Reform Commission to examine this difficulty and I await its conclusions.

I understand that the issue has already been examined elsewhere, including in Scotland and Australia, and I hope that we can learn from those jurisdictions. The Deputy referred to the position in the UK. I understand the difficulty I referred to about proving persistence has been addressed, but I am not aware of any current initiatives to change its laws to address cyberbullying in particular. Cyberbullying is an extension of the bullying that has occurred, and still occurs, with texting. The latter is another means for people anonymously to put young people under pressure.

I would urge anyone who is the victim of any kind of bullying, including cyberbullying, to report it to the Garda Síochána. I would also urge parents and other family members to support and encourage victims in doing so and to make complaints to gardaí where appropriate to facilitate the Garda Síochána in bringing prosecutions. It is not simply a question of telling gardaí, but where a crime has been committed the Garda Síochána needs parents to make a formal complaint so that as a result any investigation has the capacity to bring about a prosecution.

I realise, however, that many may also require assistance in coming to understand and deal with the problem. In that respect, I think it worthwhile to refer to several of the services available from a variety of sources. Of course, as a first requirement, parents and teachers must develop an awareness of bullying and must be especially aware of how mobile telephones and other equipment and means of communication can be used to intimidate and harass young persons.

The Safer Internet Programme, which is administered by the office of Internet safety in my Department, supports helplines for parents and teachers run by the ISPCC, the National Parents Council (Primary), and Technology in Education, which was formerly the National Centre for Technology in Education. Technology in Education also has a website for children. In their visits to schools under their primary schools programme, gardaí also highlight cyberbullying.

The Safer Internet Day takes place in February each year. It is an international event with an agreed theme. The theme for 2013 is "Connect with Respect" and I expect the emphasis will be on using technology in a friendly, respectful way. All of us who are working with children and young people must encourage and promote that message at every opportunity.

The law has a role to play and I hope we can increase its effectiveness in the context of any reforms that may arise from the Law Reform Commission's deliberations. I cannot emphasise enough, however, the importance of constant vigilance by family and teachers, the need constantly to remind young people themselves of the damage that bullying in any form can cause, and the need to take it very seriously. All too frequently, allegations of bullying are not taken with the necessary seriousness by adults who hear about them. Indeed, all too frequently, schools fail adequately to address instances of bullying that are reported to them.

Heightened public awareness of the problem can only contribute to a recognition that such behaviour is completely unacceptable, whether it occurs in schools, the workplace or elsewhere. The sad reality is that children can be very cruel to each other, as can adults. The anonymity of cyberspace affords a unique opportunity for those who want to do down others, or for those who themselves have been victims of bullying, are damaged by it and now want to identify victims to target. It is all too easy to use this medium in that way.

The important thing is that young people who find themselves at the receiving end of bullying on a particular social media site understand that there is no compulsion to access that site. It does not have to be part of a person's life that they visit such a site daily to see what someone is saying about them. There is a world outside cyberspace.

An additional issue, which is not given adequate consideration, is the extent to which today, in what is a very new world, people's lives - both adults and children - can be dominated by social media outlets and cyberspace connections, as opposed to them actually getting on with the real world. They can create an artificial environment in the context of which they become victims.

I feel particularly strongly about this issue. It is not just about the law or the Garda, it is about families and hearing teenagers' voices when they say they have a difficulty. It is also about properly reporting it and following up on such reports. In addition, it concerns primary and secondary school principals doing a great deal more to discourage bullying in the first place. They need to talk to young school students about their actions and the consequences. It must be ensured that this is not just a half-hour lecture that will be forgotten when the world moves on. Students should become engaged in projects so that the damage they can do, if they engage in conduct of that nature, is clearly understood.

Deputy Michael McCarthy

I agree with the Minister that there are many roles to be fulfilled not just by law enforcement agencies, but also by parents and schools. There is also a crucial issue concerning Internet service providers. I commend the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Education and Skills, Deputy Ruairí Quinn. The latter Minister has given a significant commitment to establish a forum to revise pre-1994 Internet anti-bullying regulations. The Minister, Deputy Fitzgerald, recently visited London where she witnessed how Scotland Yard have an entire room of computers monitoring what is happening online. She is also in contact with the Latvian Internet service provider concerning Ask.fm.com, which was specifically involved in the recent tragic and harrowing cases.

Unless we have explicit legislative provisions to outlaw the practice of cyberbullying it will continue. Unfortunately, however, I acknowledge that it can never be eliminated or fully outlawed. If it could be done, we would be doing so but we must begin the journey down that road.

Will the Minister indicate when the Law Reform Commission will come back with those specific proposals? I ask him to keep this issue on his Department's agenda and treat it with the urgency it requires.

Deputy Alan Shatter

I assure the Deputy that we will give this matter the urgency it requires. However, I do not want to enact laws that do not address the problem and which, in the end, just appear decorative. It is important that where Internet service providers can identify and prevent online bullying, they should engage and take whatever action is required. It is also important to deal with this from the human dimension and not simply the legal one. We should not imagine that by enacting a law this will all go away because this matter concerns human conduct. Some of those who bully online have themselves been victims of bullying, while others simply see targeting people as entertainment.

All Members can recall their own school days, when it was rare for a school to exist that did not have someone who was identified as the school bully. Unfortunately, the tragic reality is that targeting and bullying has even translated itself into public discourse in a whole range of areas and it is an interesting question as to what example that gives to young people and what impact it has on them.

All that said, it is terribly important to recognise that as a society in general, we wish to see young people benefit from the amazing new technologies that exist. New technology has had an overwhelmingly positive impact but we must ensure its use as a medium to cause distress to individuals, put them under pressure, make their lives extraordinarily difficult or contribute in any way to making a young person or adult take his or her own life is dealt with and addressed. However, one should not pretend these issues can be dealt with simply by the passing of a law.

I particularly thank the Deputy for raising this issue today, thereby giving Members an opportunity to touch on it, because that is all they are doing. I share the Deputy's view that interventions in this area by both the Minister for Children and Youth Affairs, Deputy Fitzgerald, and the Minister for Education and Skills, Deputy Quinn, are very important and welcome. The Government will work collegially to address the issue. On a personal level, I am convinced that a lot more must be done within the schools. The focus to an extent has been on what one does when one receives a report of bullying. I want to see a lot more being done to prevent bullying from taking place in the first place. A lot more should be done to ensure that young people understand fully or are taught to understand the consequences of thoughtless actions they may take, which they may simply perceive as being amusing or as a way of filling time, because people amusing themselves sometimes do enormous damage to those individuals who are the butt of their amusement.

Courts Service Issues

Deputy Noel Harrington

I thank the Office of the Ceann Comhairle for selecting this issue and thank the Minister for his attendance in the Chamber. While this issue may be a little more parochial than the previous matter, perhaps Deputy McCarthy will have an interest in it nonetheless. The imminent closure proposed by the Courts Service of the courthouses in Kinsale, Skibbereen and Clonakilty is causing some concern in west Cork. It represents a further continuation of the contraction of the Courts Service's operations in west Cork in recent years. It has already closed six District Court venues in Castletownbere, Schull, Glengarriff, Dunmanway, Millstreet and Coachford and this reduction in the number of court venues from 12 to six already has created serious difficulties for all court users. Obviously, reducing this number further by another three to three venues will cause even greater difficulties.

I am aware that late last year, the Minister and the Chief Justice established a working group on efficiency measures in the criminal court system in the Circuit and District Courts and I have had sight of the Courts Service's strategic plan for 2011 to 2014, Delivering Service, Transformation and Value. I recognise and welcome that like all State agencies, the Courts Service is in a period of change and reform. However, the issue also should be examined a little more closely because the cost savings that are being considered or which are to be achieved may not add up when one takes into account the entire picture. For example, were all the gardaí stationed in a town in west Cork obliged to travel to Cork city for hearings, it could leave an entire district without cover for six, eight and possibly even more hours during the day. I also am aware the State solicitor for west Cork has already indicated that he is encountering difficulties in getting gardaí to be available for attendance at Circuit Court hearings in Cork. In one recent case, he was informed by the superintendent that he could have two gardaí in one case and three of the gardaí on the following day. Moreover, in family cases, one could have all the litigants or concerned witnesses travelling together for up to 80 miles on one bus. Regrettably, we do not have regular scheduled public transport and this is possible. I do not believe the Minister is of the opinion this situation would be desirable.

Other hidden costs also might be considered, including Garda overtime, mileage allowances, etc. In addition, would cases be dismissed were gardaí unable to attend? I refer to another issue the Minister might take into account that is completely out of left-field. In Skibbereen, for example, if a traffic warden was obliged to attend a court day in Cork, that conceivably could lose €400 to the town council in Skibbereen. While this may be a minor issue, it nevertheless is a hidden cost.

Deputy Alan Shatter

But everyone would be able to park happily.

Deputy Noel Harrington

It is very easy to collect the aforementioned €400 in Skibbereen. Other consequences may be a little more serious. Obviously, the District Court is a court that affects most ordinary people more often. The current cost of holding District Court sittings in Kinsale, Clonakilty or Skibbereen is approximately the same, that is, €9,500 or €10,000 per annum. I also should mention increased costs to other State bodies, were the court venues to close in west Cork and to be relocated to Cork city.

One issue that is causing considerable concern to the communities involved is the security exposure in respect of the gardaí being obliged to travel, en masse in many cases, from more remote parts of west Cork to attend court proceedings in Cork city. I believe this would be a serious issue for security in the more rural villages. Allied to this, west Cork has experienced Garda station closures over the past 12 months and more may be envisaged - I do not know what will emerge. I take the point the Minister always makes that, ultimately, it is gardaí who will prevent crime and while stations will accommodate, it is the availability of the gardaí that is most important. I understand these proposals are coming from the Courts Service. I believe the closures that are being proposed may be imminent and I believe time to be important in this regard. However, I sincerely ask that the Minister would consider both the spreadsheet cost of the rationalisation and the greater picture, including costs within his own Department from the Garda Commissioner's office and possible security implications from the Garda Commissioner's office to ascertain whether there is an opinion in that regard. Obviously, the general community effect for a small town of losing even a monthly sitting of a District Court is negative and perhaps also has an effect on the social, community and business life of a town. The Minister should consider these points in the context of the proposals from the Courts Service.

Deputy Alan Shatter

I thank the Deputy for raising this issue. As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of courts is the responsibility of the service and as Minister, I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which, of course, include the provision, maintenance and management of court buildings. However, I have made inquiries with the Courts Service and am informed that in the current financial climate, the service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring the service can continue to maintain the delivery of front-line court services and an appropriate level of service to court users. I understand that no court venue has been singled out or indeed exempted from the review process.

A comprehensive review of venues has recently been completed, the purpose of which was to establish a general framework within which venues could be considered for closure, taking into account a range of criteria such as case loads, proximity to an alternative venue, physical condition of the building, availability of holding cell facilities and so on. The likely impact on other justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. I am informed the review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject - I emphasise this - to a detailed assessment and the preparation of a business case in respect of each identified venue, which has now commenced.

The service has advised that the identification of venues as part of the review process does not conclusively mean that the identified venues will close. I am informed no decision will be taken on an individual venue without prior consultation with local stakeholders and I understand this consultation will be undertaken at an early stage in the assessment process in order that all views can be fully reflected in the decision-making process. It should be noted that the final decision will be a matter for the Courts Service board. Under the statute, I have no role or function in the matter.

As for the particular venues mentioned by the Deputy, I have been informed by the service that no sittings have been held in Kinsale since 1 October 2010, due to the condition of the courtroom and Kinsale District Court currently sits in Bandon.

With regard to Skibbereen and Clonakilty, I am advised that the standard of the facilities, numbers of sittings and caseloads require examination. The Deputy will appreciate that the retention of venues not in use, not of reasonable standard or which are rarely used must be fully reviewed with necessary decisions taken. It is worth noting that since its foundation, the service has made great progress in improving the stock of courthouses throughout the country. Many of our county town courthouses have been refurbished and other major upgrading works have been completed in places such as Cork, Limerick, Dundalk and Castlebar.

Since its establishment the Courts Service has amalgamated more than 150 venues while at the same time the service has benefitted from a very substantial capital investment to upgrade larger courthouses, concentrating mainly on county towns. The policy has been very successful, resulting in a more efficient use of time for the Judiciary, court users and An Garda Síochána. Rather than short sittings in the smaller venues, a full day's list can be dealt with which leads to reductions in delays in the District Court.

I thank the Deputy for raising the matter and I appreciate his interest in the administration of justice in County Cork, as well as his concerns about his constituency and those who utilise existing court facilities. I know the Deputy will understand the need for the Courts Service to take the measures necessary to promote greater efficiency in the courts, and I hope the constructive engagement involving the Courts Service will result in reasoned and appropriate decisions being made on the venues.

Deputy Noel Harrington

I thank the Minister for his response. I am particularly pleased that decisions will be taken after a consultation process with stakeholders. I would be the first to say if it does not pay to have a venue, it should be shut down. That is the reality of the world in which we live. I was aware the decision would be taken by the Courts Service but it was only fair to give the issue an airing in this forum because of the possible consequences with regard to justice, gardaí, businesses and the community. I hope these elements will be considered as well as being part of the stakeholder process. Due weight should be given to the cost in pounds, shillings and pence along with secondary or associated costs.

I take the point with regard to having full days in the venues and making the best possible use of private legal firms, the Chief State Solicitor's office and public money in the use of gardaí, expenses for witnesses and so on. There are also social concerns, with witnesses and people involved in court matters travelling together. As I stated, that is not desirable. I brought the issue to this forum because there is a minor or even more significant impact on different aspects of life in west Cork. I am grateful for the Minister's response.

Deputy Alan Shatter

All the issues mentioned by the Deputy were raised by me some time ago in an official meeting with representatives of the Courts Service. It operates independently and makes independent decisions, but I am entitled to meet its representatives. It is not for me as the Minister to determine which courthouses should remain open, but those decisions will be made. I have emphasised that it is terribly important that in making these assessments, the totality of the cost implications would be taken into account. The issue could not be viewed simply from the perspective of the Courts Service budget or Estimate.

It is vital there is joined up thinking and synergy in what is going on, especially when dealing with stakeholders. The Courts Service must engage with An Garda Síochána if, for example, there is a proposal to close a particular courthouse. The impact on manpower and availability of gardaí in a local community when a court might be sitting elsewhere must be considered, along with costing of Garda time if personnel attend at one location rather than another. There are other consequent issues that may arise.

An unseen piece of the jigsaw is the cost in court staff in locations that are open very rarely. One must consider the travel time involved, the moving of files and documentation and the efficiencies with which the Judiciary could administer justice in a court that might only have a limited number of hearings, as opposed to a court where there are a larger number of cases. The public may be better served and issues awaiting attention in the courts would be dealt with more efficiently and quickly.

Many people seek remedies in small and occasional District Court sittings, and if those people were told they could travel ten or 15 miles but that the case would be dealt with three months sooner, they would welcome it. Those at the receiving end of a criminal prosecution may want to kick the can up the road in that respect. A civil application to recover a small debt or a family law application in the District Court - for example, a dependent wife and child awaiting a maintenance order - could be dealt with more quickly if a couple of court locations were amalgamated. Instead of waiting three or four months for a hearing, the people in question would only have to wait four or five weeks, and most people would go for that option.

There is also the issue of cost in the context of the legal profession. As a member of that profession, I know that with some of the smaller courts there can be a reasonable assurance that practitioners are equally likely to be attending courts in other locations in Cork, for example, to represent clients. They would not be unduly burdened by having to move to a different District Court location.

As I understand it from the Courts Service, these locations are being reviewed, and it is not a given that from those reviews the courts under examination will close. It is important that this be considered in a comprehensive way. There is, nevertheless, an inevitability that there will be further closures to bring about consolidation and to use public resources more effectively. We must also bring efficiencies to the manner in which the courts operate.

Teaching Qualifications

Deputy Richard Boyd Barrett

I am optimistic this issue is an oversight or an anomaly that the Government can rectify. It should not cost money to do so, which should provide some relief, as it is simply a matter of trying to sort out a problem faced by teachers, particularly those in vocational education committees. It was brought to my attention by teachers in the VEC in Dún Laoghaire but I understand it may affect up to 5,000 people working in VECs.

The Education (Amendment) Act 2012 required people to be registered with the Teaching Council for them to be paid by the State. There are many teachers working in the VECs who are unable to register with the Teaching Council because they do not have degrees, although they have worked for a long time with a VEC and are very well-qualified to do their teaching job. That is certainly the case with the individuals who came to me.

However, due to this legislation and a departmental directive to vocational education committees, VECs, teachers were told that they could no longer be paid out of the State purse as of the end of October.

Will the Minister of State rectify this anomaly? It is perfectly reasonable to introduce regulations on teachers' qualifications and registration. When the Act was passed, it may have been focused on the primary and secondary sectors wherein one would expect everyone to have degrees. In the vocational sector, a degree is not necessary for many people. The person who approached me was a soccer coach and had the highest possible qualifications in that regard. As he does not have a degree though, he cannot register with the Teaching Council, which means he is threatened with the loss of his job. He has worked for the VEC for 17 years. The person in the Dún Laoghaire VEC has worked there for 12 years and someone else has worked in a VEC for five or six years. Apparently, as many as 5,000 people may be in this limbo and are threatened with losing their jobs. Will the Minister of State amend the directive to allow for the teachers in question, many of whom have been working for a long time and are qualified in other ways to do their jobs, to register with the Teaching Council so their jobs will not come under threat and they can be paid by the VECs?

A related issue is that these workers should have contracts of indefinite duration, which is not currently the case. It seems that the VECs have failed in this worker's rights issue. We are referring to people who have been employed for 12 or 17 years. They are essentially working on a month-to-month basis with a guillotine hanging over their jobs. Does the Minister of State understand my point on the need to act on this matter and to ensure these teachers do not lose their jobs? The Teaching Council should be told to allow them to register and the VECs should be instructed to give contracts of indefinite duration to those who have an entitlement to such so they can have security of employment.

Minister of State at the Department of Education and Skills (Deputy Sean Sherlock)

I am taking this matter on behalf of the Minister for Education and Skills, Deputy Quinn, who is travelling on Government business.

A number of developments will impact on teachers in VEC schools during the coming school year. First, the commencement of section 30 of the Teaching Council Act 2001 will prohibit the payment of people employed as teachers in recognised schools unless they are registered with the Teaching Council. I take the Deputy's point in this regard. The second major development will be enhanced requirements from April 2013 for registration with the Teaching Council as a further education teacher. The requirement for registration will be increased from a degree-level qualification to a requirement to hold a teacher training qualification in addition to an undergraduate level award.

Individuals without recognised qualifications who were employed in a teaching position or eligible to be employed in a teaching position in a recognised school at the time of the establishment of the Teaching Council in 2006 were deemed registered with the Teaching Council in its first year. Teachers were advised at the time to seek registration with the council and to ensure that their registrations were maintained. If such people availed of this entitlement at the time and subsequently maintained their registrations, there is no change to their position. A dispensation was given at the time and there is no basis for it to be given again.

It has been the policy of the Department of Education and Skills for some time that only qualified and registered teachers should be employed by schools. Current recruitment procedures direct schools to ensure that teachers proposed for appointment to publicly paid posts must be registered with the Teaching Council and have qualifications appropriate to the sector and suitable to the posts for which they are proposed.

Since 2006, any unregistered person employed by a VEC in a teaching post has been on notice that, once section 30 became law, there would be no basis to continue paying him or her. Therefore, such persons can have no reasonable expectation of continued employment beyond the period of time that it takes the school to source a registered teacher. It is expected that section 30 will be commenced later in the school year. This will ensure that only registered teachers are employed in teaching positions in our schools. Separate provision will be made for urgent situations where no registered teacher is available.

Notice of the imminent commencement of section 30 and the Teaching Council's registration requirements has been in the public domain for some time. Sufficient time has been available for individuals to engage with the Teaching Council to gain registration. It is the Government's view that all teachers should be appropriately qualified. This is surely the minimum that our children deserve. The commencement of section 30 is intended to buttress that policy and will be to the advantage of ensuring a quality education for all.

Deputy Richard Boyd Barrett

I understand that the Minister of State is working from a prepared script, which is fair enough, but I need him to address the issue. I understand the current position, but a dispensation is necessary. In the case I raised, and I suspect many others, the necessity of registering was not clear to teachers in 2006. A large number of teachers who have been working for many years, who possess qualifications and who are needed in their schools are not registered. They can no longer register because the Teaching Council will not allow them to do so. A dispensation should be made for this group of teachers so they do not lose their jobs.

It seems the legislation was focused on the primary and secondary sectors and did not take into account the peculiar characteristics of vocational education, including the different subjects and types of qualifications that do not necessarily fit neatly into the degree model required by the council. This needs to be recognised and accommodated. There are likely many teachers with different types of qualifications who should be allowed to register.

The Minister of State did not respond to my point on people's rights as workers. One is supposed to be entitled to a contract of indefinite duration after three years, yet the VECs do not seem to have provided them. Will the right of these workers to be employed be upheld?

I appeal to the Minister of State to provide a dispensation and to require the Teaching Council to allow teachers to register. It would be fair and reasonable. Will he address my points?

Deputy Sean Sherlock

I respectfully assure the Deputy that I am working from a prepared script because I want to allow him the time-----

Deputy Richard Boyd Barrett

I was not being critical.

Deputy Sean Sherlock

I know, but I want to internalise what we are saying. Given that this is a technical issue, it is important that my reply be carefully scripted.

The position is clear. We understand that some people in the mainstream primary, post-primary and post-leaving certificate, PLC, space, such as the gentleman to whom the Deputy referred, have contracts of indefinite duration and are employed in place of teachers. Where such an individual has been employed in an unqualified capacity since 2006, has allowed his or her registration to lapse and has taken no steps to become qualified in the intervening years, it will be a matter for that person to decide whether to take an approved, unpaid leave of absence to gain the necessary qualifications for registration.

As long as he or she remains unregistered, his or her capacity to be paid as a teacher in the public sector will be limited to the kind of short-term unforeseen employment which will be permissible under the ministerial regulations. From 1 April 2013, under the Teaching Council registration regulations 2009, the threshold for entry on the registry will increase in all categories of registration. Since the Department has already set registration as a requirement for employment in the above circulars, this higher threshold applies automatically in terms of employment from 1 April next independently of the section 30 requirements. The commencement of section 30 will reinforce the Department's longstanding position that education in recognised schools funded by the State must be delivered by appropriately regulated professionals. I do not think anybody would argue against that. This position must be maintained in the interests of providing the best possible education for the very students about whom we are talking.

School Accommodation

Deputy James Bannon

I thank the Ceann Comhairle for affording me the time to discuss this very important issue in regard to an application by Lanesboro community college, Lanesboro, County Longford, for additional temporary school accommodation, namely, a general purpose classroom, a science laboratory, an office and a sports hall. The extended accommodation is necessary in light of the considerable increase in enrolment over the past number of years and, in particular, September 2012.

I am delighted to say that since I first raised the issue with the Department and since I spoke on the Education and Training Boards Bill 2012 some weeks ago, the Department of Education and Skills has made an allocation for two new classrooms at Lanesboro community college. This funding will allow for the replacement of an existing prefab and the building of an additional classroom. I welcome this news and thank the Minister for ensuring this dynamic and highly progressive school is to get a long-needed extension to its built environment.

Following the closure of the local convent in Lanesboro, which was amalgamated with the VEC, the school is bursting at the seams. The number of students is way beyond the capacity of the current building provision. In fact, for the past number of years, enrolment has been rising steadily. There has been an increase of 89 students in the past six years alone. Current accommodation is totally unacceptable to accommodate such numbers.

There is a severe shortage of classroom space to accommodate classes and to allow for subject options. Leaving certificate physics, biology, chemistry, agricultural science and junior certificate science are all forced to share the same room. This is unacceptable in 2012, and I pointed this out on several occasions.

On a visit to the school in March of this year, I was shocked to see teachers having to conduct meetings with parents in corridors and hallways. As I am sure the Department took into consideration my many submissions, I do not need to stress that the current situation at the school is a health and safety concern. Classroom space is necessary to cope physically with the increased volume of students. It is also essential to facilitate teaching and learning within the school.

Apart from the overcrowding of the science room, the computer room is also a general purpose classroom. The school music room is small and very close to other classrooms leading to unacceptable levels of noise. There is no general room available for study during the day. The school office is too small with no privacy for the school secretary, parents or inspectors and is an unhealthy environment.

While I believe there are no current plans to fund a sports hall, the provision of physical education for the students is extremely difficult given the limitations of space and the complete lack of an area for indoor sports. I am sure the Minister is conscious of the urgent need to get all students involved in sporting activity in the interests of long-term health and well-being. We had reasonable success in the midlands earlier this year with our Olympians. For a second level school to be unable to provide for indoor sports for its students is an indictment of the Irish education system and a lack of awareness of the part physical activity plays in academic success and overall student development. I hope that in the not too distant future, I will be welcoming funding for a sports hall at Lanesboro community college.

The amalgamation of schools across rural Ireland was promoted not only as a cost-cutting exercise but as a positive benefit for students with resources to be centralised and improved. Certainly, the students of Lanesboro community college have not had such an experience until now. For them overcrowding has been a difficult and ongoing problem. This is despite the wonderful work carried out by the principal, Jimmy Flanagan, and his excellent staff with the generous assistance and support of the board of management, and in this regard I mention my party colleague, the mayor of Longford, Sean Farrell, Adie Farrell, who is synonymous with education in Lanesboro, Willie Dinnegan and the parents. With the backing of Department funding, their professionalism and goodwill can be matched by a more realistic school built environment.

Deputy Sean Sherlock

I thank the Deputy for raising this issue which I am taking on behalf of my colleague, the Minister, Deputy Quinn. The fact the Deputy raised it gives us an opportunity to clarify the current position in regard to the application for additional accommodation at Lanesboro community college, Lanesboro, County Longford.

I am aware that enrolment at the school on 30 September 2012 was 176 mainstream students and 25 post-leaving certificate students. Enrolment at September 2011 consisted of 167 mainstream students and 65 post-leaving certificate students. This reveals a slight increase of nine mainstream students but a reduction of 40 post-leaving certificate students for the 2012-13 school year.

In November 2011, the VEC submitted an application for capital funding to the Department for a major extension at Lanesboro community college. However, the Deputy will be aware that in view of the very real need to ensure that a child has access to a school place, the delivery of essential mainstream classroom accommodation will be the main focus for capital investment in schools in the coming years.

The VEC subsequently submitted a revised application that focused on the need for classroom accommodation along the lines of the case outlined by the Deputy. To assist with the assessment of the school's further application, an inspector visited Lanesboro community college in September. On the basis of the inspector's visit, the Department approved funding to construct two permanent classrooms at the school. This decision was conveyed to County Longford VEC on 17 October 2012 and a formal letter setting out the level of grant and the conditions associated with the grant aid was furnished to the VEC today, so the Deputy's timing is impeccable.

County Longford VEC has expressed satisfaction with the grant approved. The responsibility for delivering the project has been devolved to the VEC and it will now be a matter for it to progress the project through the various stages from architectural planning to construction. The Department's letter of approval contains guidance that will assist the VEC in this regard. I thank the Deputy for giving me this opportunity to outline to the House the current position in regard to the application for capital funding for Lanesboro community college.

Deputy James Bannon

As the Minister said, I made numerous representations to his Department about Lanesboro community college, and his comments are very much appreciated. I welcome the good news on behalf of the college and I extend my thanks and those of the college to the Minister. I will continue to work for the provision of a sports hall at the college, although I accept that the current economic climate makes such projects difficult to fund. I am also conscious of the physical and academic benefits of access to regular sports and exercise. This is very important at Lanesboro college.

I also welcome the news that Ardscoil Phádraig in Granard, County Longford, is to get four new classrooms. This is a very good day for education in County Longford. Much tough representation has paid off.

On a less positive note, however, I must refer to the ongoing fall-out from the failure to site the headquarters of the amalgamated Longford-Westmeath Vocational Education Committee in County Longford. As is clear from the records of the Dáil and committee meetings, there was an investment of approximately €2 million in Longford VEC headquarters prior to the announcement that the headquarters of the amalgamated Longford-Westmeath body was to be located in Westmeath. The cost-effectiveness and central location of Longford VEC was ignored for what can only be regarded as political expediency. Following the closure of Connolly Barracks, this loss was a massive blow to Longford. The annual rent paid by Westmeath VEC for its headquarters is €118,300 as opposed to a nominal sum of €13.33 payable on the Longford headquarters. This decision is surely not cost-effective. As I have said in the House, it appears that somebody needs to do their homework on this issue.

Acting Chairman (Deputy Terence Flanagan)

The Deputy is over time.

Deputy James Bannon

To refer back to the community college-----

Deputy Sean Sherlock

The Deputy should have regard to other people.

Deputy James Bannon

I have not finished. To return to the facilities for Lanesboro community college, the sports hall is urgently required and I hope it will be given approval quite soon.

Deputy Sean Sherlock

With all due respect, the Deputy raised an issue and I replied to it. We should stick to our guns on this matter. The issue has been expedited satisfactorily and I know the Deputy will speak highly of the collegiality of his partners in Government when he relates this to the people on the streets of Longford. I sincerely thank him for raising this matter.

Dáil Éireann díospóireacht - Wednesday, 7 Nov 2012