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Wednesday, 16 Oct 2013

Written Answers Nos 21-40

Literacy Levels

Ceisteanna (21)

Alan Farrell

Ceist:

21. Deputy Alan Farrell asked the Minister for Education and Skills his views on the recent study published by the OECD that showed 17.9% of adults were at or below level one for literacy, compared to a European average of 16.7%; his plans on the way to how we can improve the literacy rates of Irish adults; and if he will make a statement on the matter. [43766/13]

Amharc ar fhreagra

Freagraí scríofa

By way of clarification on average across the countries that participated in PIAAC 16.7% of adults score at or below Level 1 for literary proficiency. This is not a European average. While Ireland has 17.9% at this level, this proportion is not considered to be statistically different from the survey average and is in line with nine other countries including Germany, England and Poland. I am also pleased to see that Ireland is one of only five countries that improved its performance at level one or below.It is important to note that a person scoring at or below level one on the PIAAC survey should not be characterised as being illiterate. In fact, the reading component tests administered as part of PIAAC show that even at the lowest levels of literacy proficiency there are significant levels of reading skill. For example, persons scoring at level one show knowledge and skill in recognising basic vocabulary, evaluating the meaning of sentences and reading paragraph text.This Government is committed to assisting people improve their life chances through improving their literacy. The results of the PIAAC survey has reinforced my view that we need to work hard on core skills. A major review of the adult literacy service has just been published and work has begun on implementing its recommendations. In addition, SOLAS will be producing a strategy on literacy and numeracy provision as part of its development of an overall Further Education and Training Strategy. This will build on the National Literacy and Numeracy Strategy which is being implemented in our schools.

Special Educational Needs Staffing

Ceisteanna (22)

Terence Flanagan

Ceist:

22. Deputy Terence Flanagan asked the Minister for Education and Skills if more special needs assistants are being employed to assist with the increase in the number of children with a disability enrolling in mainstream and special schools; and if he will make a statement on the matter. [43800/13]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the level of resources being devoted to supporting children with Special Educational Needs has been maintained at €1.3 billion this year. This includes provision for 10,575 Special Needs Assistants (SNAs) for allocation in the 2013/14 school year.

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports including Special Needs Assistant (SNA) support, to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of such supports and the staffing resources available to my Department. There are 10,575 Whole Time Equivalent (WTE) SNA posts available for allocation in the 2013/14 school year which is the same number of posts which were available for allocation for the 2012/13 school year. The NCSE has notified schools of their SNA allocation for 2013/14, based on the number of valid applications received and the extent of the care needs of qualifying children.

It is important to note that the level of SNAs required to support children with special educational needs changes from year to year in line with the enrolment of different children with different care needs. The care needs of individual children can also change from year to year. The NCSE takes these factors into account when allocating SNAs to schools.

To date the NCSE has allocated 10,490 WTE SNA posts to schools. Every child who meets the criteria for access to SNA support in the current school year is in receipt of this support. The remaining 85 posts are available for allocation throughout the school year for new assessments of disability, new entrants, or emergency or late applications, in accordance with the terms of the SNA scheme. Based on discussions with the NCSE, it may be the case that additional SNA posts above the figure of 10,575, may be required to respond to need for the current school year. This issue will be dealt with if and when it arises. The NCSE is still processing SNA applications for the current school year.

Schools can contact the NCSE if they have enrolled children who were not considered at the time that the SNA allocations were made, or where they are seeking a revision to the quantum of SNA support which has been allocated to them for the current school year. In general, a revision to SNA allocations will only be made in circumstances where schools have enrolled new pupils, or where schools can demonstrate that they do not have sufficient SNA posts to cater for the care needs of all of the qualifying children in their school. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Psychological Assessments

Ceisteanna (23)

Terence Flanagan

Ceist:

23. Deputy Terence Flanagan asked the Minister for Education and Skills the steps he is taking to ensure that more educational psychological assessments are available for children to help them access educational supports (details supplied); and if he will make a statement on the matter. [43806/13]

Amharc ar fhreagra

Freagraí scríofa

My Department's National Educational Psychological Service (NEPS) provides service to all primary or post-primary school countrywide and operates an early intervention continuum of assessment for students with the broad range of special educational needs. The continuum of assessment allows for the identification of pupils with special educational needs, their nature and severity by harnessing the experience of class teachers and support teachers, in consultation with parents, and with the support of the psychologist. It also provides for the development of immediate responses and interventions designed to ameliorate the particular needs identified at the appropriate level, either in the classroom or with the assistance of the support teacher. This allows for a response to be put in place at the earliest possible juncture for students before their difficulties can become intractable. Assessment of needs at this stage of the continuum involves information gathering, testing and observation by the various school personnel involved and support from the NEPS psychologist, as required.

Where the pupil does not make adequate progress following the interventions, or where the nature of the child's special educational needs are significant,

severe and complex, the school may agree with the psychologist that a psycho-educational assessment be conducted to identify the specific nature of the needs and the appropriate response necessary. Students, so identified, are scheduled for assessment within that school year.

I can inform the Deputy that the number of psychologists employed by my Department's NEPS service has increased annually in the lifetime of this Government from 154 (148 w.t.e.) to its current level of 177 (168 w.t.e) and that I am satisfied at the level of service it is providing to school communities nationwide. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process described above. I would advise that the school Principal, in the first instance, should be contacted in relation to concerns for any pupil which requires intervention from the NEPS service.

Legislative Programme

Ceisteanna (24)

Barry Cowen

Ceist:

24. Deputy Barry Cowen asked the Minister for Education and Skills the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43813/13]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that since March 2011, my Department has published six bills and has carried out four regulatory impact assessments.

Student Grant Scheme Administration

Ceisteanna (25)

Niall Collins

Ceist:

25. Deputy Niall Collins asked the Minister for Education and Skills the number of renewed students that have their completed documents with Student Universal Support Ireland awaiting final review, noting that these students provided their information by the deadline in June, and have now returned to college for over four weeks; the number of these returned students that have been asked to provide additional information and on what basis; and if he will make a statement on the matter. [43837/13]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by Student Universal Support Ireland (SUSI) that in 2012 SUSI processed almost 70,000 grant applications and awarded almost 40,000 grants. Over 23,000 of the students who were awarded grants in 2012 have so far re-applied for renewal of their grants in 2013. 21,652 of these applicants made their application by the closing date of 14th June. Late applications continue to be accepted by SUSI.The SUSI grant renewal application process for 2013 is a fully on-line process and the majority of those who applied for renewal of their grant this year simply had to log in and confirm on-line that they were continuing in the same course and college and declare that their circumstances remained unchanged. 15,500 of renewing students had their grant applications renewed on-line in this way without the need to submit any further documents.

In view of changes made to the Student Grant Scheme eligibility criteria in 2013, over 8,000 renewal students required full reassessment. Documents were requested from these students. Documentation is currently awaited from 1,064 renewal students and a further 357 renewal students returned documentation within the past 2 weeks and are currently awaiting final review.

SUSI can only confirm the renewal of a grant to a student who has been confirmed as continuing in the same course and college, and SUSI can only pay a grant to a student who has been confirmed by their college as having registered and attending the course for which they have been awarded grant. SUSI is currently liaising with colleges on a daily basis to confirm the registration of students and SUSI commenced the payment of grants to renewal students on Friday 11 October. Further payments will be made as students are confirmed by their colleges as registered and attending their courses in the coming weeks.

Education Grants

Ceisteanna (26)

Olivia Mitchell

Ceist:

26. Deputy Olivia Mitchell asked the Minister for Education and Skills when the devolved grant to a school (details supplied) in Dublin 14 will be anticipated; and if he will make a statement on the matter. [43855/13]

Amharc ar fhreagra

Freagraí scríofa

As I advised the Deputy in response to Parliamentary Question 75 on 9th October last, the legal agreement associated with the donation of a site for the school referred to was concluded earlier this year. The donation of the site will enable the school's application for additional accommodation to be considered. This is currently being examined and my Department expects to be in a positon to contact the school directly shortly.

School Staffing

Ceisteanna (27)

Robert Troy

Ceist:

27. Deputy Robert Troy asked the Minister for Education and Skills if there are any legacy teaching posts within his Department; and if so, the number and the cost to his Department. [43857/13]

Amharc ar fhreagra

Freagraí scríofa

Following the Report on the net impact of Budget 2012 on DEIS urban schools, 191 posts are retained in DEIS primary schools at an approximate cost of €11.46 million in order to implement more favourable pupil teacher ratios under previous disadvantage schemes for the 2013/14 school year. As the Deputy may be aware, a range of factors contribute to determining the staffing requirement for individual schools including changes to enrolment. As the teaching allocation to schools, including legacy posts, is enrolment based, this determines whether schools gain or lose teaching posts from year to year.

Emergency Works Scheme Applications

Ceisteanna (28)

Pearse Doherty

Ceist:

28. Deputy Pearse Doherty asked the Minister for Education and Skills if he will provide funding for emergency works at a school (details supplied) in County Donegal; if his attention has been drawn to the safety issue, the work carried out by the community to rectify the problem; if his Department can bridge the gap in terms of funding; and if he will make a statement on the matter. [43877/13]

Amharc ar fhreagra

Freagraí scríofa

An official from the Building Unit of my Department was in contact with the school authorities recently and I understand that an application for grant aid under the Emergency Works Scheme for the works required will be submitted. As soon as an application is received it will be assessed and the school will be notified of the outcome.

Bus Éireann Services

Ceisteanna (29)

Luke 'Ming' Flanagan

Ceist:

29. Deputy Luke 'Ming' Flanagan asked the Minister for Education and Skills the person in Bus Éireann that decided not to report the incidence of irregularities to An Garda Síochána; and if he will make a statement on the matter. [43887/13]

Amharc ar fhreagra

Freagraí scríofa

Bus Éireann has advised that where required under their control procedures irregularities are formally notified to An Garda Síochána.

Flood Relief Schemes Applications

Ceisteanna (30)

Alan Farrell

Ceist:

30. Deputy Alan Farrell asked the Minister for Public Expenditure and Reform if he will provide any further information regarding the time frame for the approval to progress to the detailed design of the flood relief scheme for Skerries, and in particular Holmpatrick; and if he will make a statement on the matter. [43768/13]

Amharc ar fhreagra

Freagraí scríofa

The OPW has recently completed a preliminary review of potential options to address the flood problem in Skerries, including the Holmpatrick area, drawing on the findings of recent catchment-based studies and a site survey of the area.

A meeting will be held shortly with Fingal County Council to discuss how the detailed assessment of the range of potential options identified is to be progressed, with a view to taking forward any option that is found to be economically viable and environmentally sustainable. It is envisaged that this will involve engaging consultants. At this stage it is not possible to indicate a likely timescale for detailed design of mitigation measures.

Legislative Programme

Ceisteanna (31)

Barry Cowen

Ceist:

31. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43820/13]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy’s question my Department has published sixteen Bills since June 2011 with four Bills requiring a Regulatory Impact Statement. The following is a list of the four Regulatory Impact Statements carried out:

Name of Act

Regulatory Impact Assessment carried out

Construction Contracts Act

RIA published on 27 September 2011. Signed into law on 29 July 2013 (subject to a Commencement Order)

Protected Disclosures Bill 2013

RIA published alongside the Bill on 3 July 2013.

Freedom of Information Bill 2013

RIA published in September 2013.

Regulation of Lobbying Bill

RIA published on 30 April 2013.

Pensions Levy Issues

Ceisteanna (32)

Tom Fleming

Ceist:

32. Deputy Tom Fleming asked the Minister for Public Expenditure and Reform in respect to the 0.6% levy on private pensions, the amount that has been invested in job creation to date; the number of jobs created in County Kerry and throughout the country to date and the areas in which these jobs have been created in; if any outstanding income that has not been invested in job creation will be reimbursed to the private pension sector, if he will confirm that private pensions will be safeguarded post 2014 [43882/13]

Amharc ar fhreagra

Freagraí scríofa

The 0.6% levy on private pensions was introduced as a means to fund the implementation of the Jobs Initiative which, through current and capital expenditure measures, sought to facilitate job creation throughout the economy. Expenditure to date in respect of the Jobs Initiative is set out in the table below. This expenditure was funded by the private pensions levy and, where necessary, through the reallocation of resources within each of the relevant Departments.

Expenditure Breakdown

2011

2012

2013

Current Expenditure Measures

National Internship Scheme - JobBridge

€8.1m

€54.7m

€81.8m

Springboard

€8.7m

€17.5m

€21.9m

Back to Education Initiative

€3m

€5.7

*

Specific Skills Training (1)

€59.3m

€70m

*

Post Leaving Certificate

€2m

€6m

*

Education (2)

na

na

na

Tourism (3)

na

na

na

(1) It is not possible to report on the short- and long-term elements of the Specific Skills Training measure separately.

(2) The measure included under education, wherein a relaxation of the ECF for Higher Education Institutes was implemented, has no quantifiable costs to the Exchequer as these posts are non-Exchequer funded. Consequently, this measure required no additional funding from the Exchequer.

(3) The Short-term Visa Waiver Programme was introduced in 2011 as a means to encourage further tourism in Ireland. This measure required no additional funding from the Exchequer.

* Data relating to the Back to Education Initiative and Post Leaving Certificate represents funding for additional places on each of these schemes. Both of these measures, as included in the Jobs Initiative, have been implemented in full. In the time that was available it has not been possible ascertain data relating to 2013. I have asked the Department of Education to contact the Deputy in relating to these figures.

Expenditure Breakdown

2011

2012

2013

Capital Expenditure Measures

Retrofit Programme

€30m

0

0

Additional Investment in Regional and Local Roads

€60m

0

0

Addition

€14.3m

0

0

Schools Capital (4)

€30.8m

€8.5m

< €1m

(4) An allocation of €40m was provided under the Jobs Initiative to fund primary and post-primary building projects. It is expected that the balance of the original funding will be drawn down in 2013.

In relation to the numbers of jobs created as a result of each of these measures, including those created in Co. Kerry, I would refer the Deputy to each of the relevant Ministers with responsibility for implementation of the measures.

With respect to the latter parts of the Deputy’s question, concerning the reimbursement of outstanding income to private sector pension funds and whether private pensions will be safeguarded post-2014, these are matters for my colleague the Minister for Finance, Mr Michael Noonan T.D.

Unified Patent Court

Ceisteanna (33)

Olivia Mitchell

Ceist:

33. Deputy Olivia Mitchell asked the Minister for Jobs, Enterprise and Innovation if it is his intention that Ireland would host a local division of the Unified Patent Court; and if he will make a statement on the matter. [43796/13]

Amharc ar fhreagra

Freagraí scríofa

The international Agreement on a Unified Patent Court was signed by twenty-five EU Member States in February of this year during the Ireland’s EU Presidency. It will provide the enforcement element of the so-called ‘Patents Package’ which includes the Unitary Patent, ensuring that this single patent for the twenty-five participating Member States can be enforced or challenged in a single court action, rather than in multiple actions in national courts.

The structure of the Unified Patent Court includes a Central Division that will be centred in Paris with branches in Munich and London, each catering for different competencies. In addition, Local and Regional Divisions of the Court will also be established as appropriate.

My Department is currently examining the potential options for Ireland’s participation in the Unified Patent Court. The options are to confer jurisdiction on the central division in Paris alone, to set up a local division of the Court or, to participate in a regional division of the Court with one or more Member States.

Of course all of these options must be fully considered, including cost considerations, in order for Government to decide what is the most efficient and effective means of Ireland’s participation in the Unified Patent Court. In this context, my officials are currently consulting with key stakeholders to ensure that all of the policy choices are well informed.

As the international agreement on the Unified Patent Court entails a transfer of jurisdiction from an Irish court to an international court, an amendment to the Constitution, requiring the carrying of a referendum, is necessary before Ireland can ratify the Agreement. The Taoiseach has previously indicated that this referendum will take place in 2014.

Legislative Programme

Ceisteanna (34)

Barry Cowen

Ceist:

34. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43818/13]

Amharc ar fhreagra

Freagraí scríofa

My Department has published a total of 12 Bills since March 2011 and these are as follows:

Patents (Amendment) Bill 2011

Competition (Amendment) Bill 2011

Protection of Employees (Temporary Agency Work) Bill 2011

Industrial Relations (Amendment) (No. 3) Bill 2011

Credit Guarantee Bill 2012

Companies (Amendment) Bill 2012

Microenterprise Loan Fund Bill 2012

Industrial Development (Science Foundation Ireland) (Amendment) Bill 2012

Companies Bill 2012

European Union (Accession of the Republic of Croatia) (Access to the Labour Market) Bill 2013

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013

County Enterprise Boards (Dissolution) Bill 2013.

Since March 2011, my Department has published a total of 13 regulatory impact assessments in relation to the following Bills, Acts and EU Directives:

Competition (Amendment) Bill 2011

Protection of Employees (Temporary Agency Work) Bill 2011

Industrial Relations (Amendment) (No. 3) Bill 2011

Credit Guarantee Bill 2012

Microenterprise Loan Fund Bill 2012

Companies Bill 2012

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013

County Enterprise Boards (Dissolution) Bill 2013

Review of the Research Exemption Provision Section 42(g) of the Patents Act 1992

Review of the Patents Act 1992.

Directive 2011/7/EC of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (Recast)

Transposition of Directive 2011/77/EU on the term of protection of copyright and certain related rights

European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011)

In relation to legislation that is yet to be published, my Department has also published the following regulatory impact assessments:

Workplace Relations Bill

Employment Permits Bill

Industrial Relations Issues

Ceisteanna (35)

Seamus Healy

Ceist:

35. Deputy Seamus Healy asked the Minister for Jobs, Enterprise and Innovation when he will implement the commitment in the programme for Government to legislate for collective bargaining through a trade union; and if he will make a statement on the matter. [43832/13]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government contains a commitment to reform the current law on employees' right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001), so as to ensure compliance by the State with recent judgments of the European Court of Human Rights.

With this in mind, in late 2013, I wrote to relevant stakeholders inviting their observations on the matter. Submissions have been received and follow up meetings have taken place between Departmental officials and stakeholders.

I hope to be in a position to put proposals to Cabinet by November this year. In this context, I am certain that satisfactory arrangements can be put in place that will reconcile Ireland’s constitutional, social and economic traditions, and international obligations, whilst at the same time ensuring continued success in building Ireland’s domestic jobs-base and in attracting overseas investment into the economy.

Industrial Relations Issues

Ceisteanna (36)

Thomas Pringle

Ceist:

36. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that a county manager (details supplied) is refusing to take the necessary steps to have notices issued in accordance with Schedule 10 of the Local Government Act 2001 for the regular monthly meetings of the borough council unless the elected councillors agree to participate in a mediation process administered by the Labour Relations Commission commencing on the 24 of October 2013; if it has been drawn to his attention that the Labour Relations Commission has not consulted the councillors; if he will consider amending the Industrial Relations Act 1990 so as to ensure that all parties are consulted in advance of such proceedings; and if he will make a statement on the matter. [43849/13]

Amharc ar fhreagra

Freagraí scríofa

I have no function with regard to the day to day functions of a County Manager under the Local Government Act 2001.

The Labour Relations Commission has general responsibility for promoting good industrial relations in Ireland. In this regard it provides a comprehensive range of industrial relations services including advice, conflict resolution (conciliation, facilitation and mediation) and conflict prevention. The LRC’s Workplace Mediation Service provides a prompt, confidential and effective remedy to workplace conflicts, disputes and disagreements. Participation in the process is voluntary.

The Commission commits to the confidential handling of any issues referred to it. The Commission will not publish details of any individual case or the identity of any applicant and therefore, I cannot comment on specific case or issues referred to the LRC.

Question No. 37 withdrawn.

Disability Allowance Applications

Ceisteanna (38)

Barry Cowen

Ceist:

38. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for adult dependent on a disability allowance claim. [43694/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned has been notified in writing that an adult dependent allowance of €124.80 per week will be added to her weekly disability allowance payment on 6 November 2013. Any arrears due will issue directly to her shortly after this date.

Disability Allowance Appeals

Ceisteanna (39)

Tom Fleming

Ceist:

39. Deputy Tom Fleming asked the Minister for Social Protection if she will examine a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [43698/13]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 August 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 3 October 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Carer's Allowance Appeals

Ceisteanna (40)

Tom Fleming

Ceist:

40. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a review of a carer's allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [43715/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at oral hearing, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.

In light of the additional evidence submitted by the Deputy the file of the person concerned has been recalled from the Department and the Appeals Officer dealing with this case has agreed review his original decision. The person concerned will be contacted when the review of her appeal has been finalised.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

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