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Tuesday, 5 Nov 2013

Written Answers Nos. 254-273

School Transport Provision

Ceisteanna (254)

Anne Ferris

Ceist:

254. Deputy Anne Ferris asked the Minister for Education and Skills if his attention has been drawn to the fact that there was a change in the timetable of the bus collecting children from a school (details supplied) in County Wicklow without consultation with parents; that the changes have resulted in the students aged between 14 and 17 waiting unsupervised for up to an hour for the bus; and if he will make a statement on the matter. [45745/13]

Amharc ar fhreagra

Freagraí scríofa

Bus Éireann is responsible for the planning and timetabling of school transport routes. Bus Éireann endeavours, within available resources, to ensure that each eligible child has a reasonable level of school transport service in the context of the Scheme nationally. Where practicable, and subject to considerations of cost and logistics, routes are planned to avoid an eligible child having to travel more than 3.2 kms to or from a pick-up/set down point or to have travel and waiting times in excess of 2.5 hours per day. Routes are planned on the basis of the locations of children who are eligible for school transport only. Bus Éireann has advised that the school in question changed their opening and closing times for this school year and this resulted in a change to the school transport provision. All eligible children can still avail of a school transport service within the guidelines outlined above.

Jobseeker's Benefit Payments

Ceisteanna (255, 256)

Caoimhghín Ó Caoláin

Ceist:

255. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the additional weekly payment a young jobseeker aged 23 to 24 and aged 25 will receive under the proposed new rates for jobseeker's allowance if they participate in VTOS; and if he will make a statement on the matter. [45797/13]

Amharc ar fhreagra

Caoimhghín Ó Caoláin

Ceist:

256. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the additional weekly payment a young jobseeker aged 23 to 24 and aged 25 will receive under the proposed new rates for jobseeker's allowance if they participate in the local training initiative scheme; and if he will make a statement on the matter. [45800/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 255 and 256 together. As provided for in Budget 2014, a young jobseeker aged 23 to 25, who participates in certain education and training programmes, including VTOS and the Local Training Initiative Scheme, will be eligible for a weekly payment of €160 less any means that he has been assessed as having by the Department of Social Protection.

FÁS Training Programmes Provision

Ceisteanna (257)

Pearse Doherty

Ceist:

257. Deputy Pearse Doherty asked the Minister for Education and Skills if he will provide clarification on the delay in resolving an issue with FÁS and a company (details supplied) in County Donegal; if any other options will be discussed to facilitate the many applicants waiting to complete this course; and if he will make a statement on the matter. [45840/13]

Amharc ar fhreagra

Freagraí scríofa

I am informed that the company in question was invited to tender for the delivery of the 'Access to Offshore' training course which is specialist training that is delivered in Falcarragh, Co. Donegal. I understand that the tutors that were qualified to deliver this training on behalf of the company in question have since taken up other employment offshore. The proposed replacement tutors for the company in question did not have the mandatory certification to deliver the 'Access to Offshore' training course and SOLAS has requested that the company in question source new tutors who have the necessary qualifications for the course delivery. This has caused an unforeseen delay in the proposed start date of the training courses. However as per its procedures, SOLAS will not commence a training course unless the tutors are suitably experienced and qualified.

FÁS Local Training Initiatives Funding

Ceisteanna (258)

Catherine Murphy

Ceist:

258. Deputy Catherine Murphy asked the Minister for Education and Skills his views that in the absence of a second free HGV driving test as part of the FÁS-CPC driving course, in cases where the first test has been failed, imposes onerous and often impossible costs on course participants who otherwise would have fully completed their course; if he will give consideration to funding a second driving test; and if he will make a statement on the matter. [45854/13]

Amharc ar fhreagra

Freagraí scríofa

This is a day to day operational matter for SOLAS. I understand that SOLAS is currently reviewing the policy in respect of the charge for repeat tests to ensure a consistent implementation of same across all programmes.

Jobs Initiative

Ceisteanna (259)

Lucinda Creighton

Ceist:

259. Deputy Lucinda Creighton asked the Minister for Education and Skills the estimated total number of full-time jobs that have been created from initiatives which have been directly funded by the pension levy since 2011; and if he will make a statement on the matter. [45939/13]

Amharc ar fhreagra

Freagraí scríofa

In May 2011 a levy on funded pension schemes and personal pension plans was introduced to fund the Jobs Initiative. While my Department has no direct role in providing additional jobs under the initiative, it included commitments to provide 15,900 education and training programmes across the range of programmes set out below during the course of the initiative. Details of these additional places are set out in the attached table. In addition, capital funding of €40 million was made available through the Jobs Initiative to fund over 370 primary and post primary school building projects. A total of €30.8m was expended on these projects in 2011 and €8.5m in 2012. The balance of less than €1m is expected to be spent this year. The funding allowed schools to carry out small and medium scale building works such as special needs access, toilet facilities, roof works and window replacements and to date 378 such building works have been completed. It is estimated that the investment of €40m created approximately 2,400 direct and 480 indirect jobs in the construction sector over the course of the initiative.

Training programmes

Additional places allocated

Additional places under the Jobs Initiative

-

FAS Specific Skills Training programme.

6,000

Higher Education Springboard programme

5,900

Back to Education Initiative

3,000

Post Leaving Certificate places

1,000

Total

15,900

The provision of these places has allowed 16,421 people participate in part-time and full-time education and training.

Haddington Road Agreement Implementation

Ceisteanna (260)

Eoghan Murphy

Ceist:

260. Deputy Eoghan Murphy asked the Minister for Education and Skills the way the Haddington Road agreement will apply to non-unionised teachers. [45999/13]

Amharc ar fhreagra

Freagraí scríofa

The Haddington Road Agreement is being implemented in line with the general approach taken in the public service.

Where only one union has members in a sector the Agreement is either applied or not applied to everyone, depending on whether or not a collective agreement is reached with that union. In ETB schools, where TUI is regarded as the representative union, the HRA applies to all teachers. In Voluntary Secondary schools, where ASTI is regarded as the representative union, the FEMPI Act 2013 applies to all teachers. My Department is considering the position of TUI members in Voluntary Secondary schools. The HRA applies to teachers who are TUI members in schools with dual union representation, such as Community & Comprehensive schools and Designated Community Colleges. The FEMPI Act 2013 applies to other teachers in Community & Comprehensive schools and Designated Community Colleges. My Department is considering the position of non-unionised teachers in these schools.

Vocational Training Opportunities Scheme Numbers

Ceisteanna (261)

Willie O'Dea

Ceist:

261. Deputy Willie O'Dea asked the Minister for Education and Skills the number of training places available for those who are currently in receipt of jobseeker's allowance or jobseeker's benefit nationally; the number of training places available in tabular form on a county basis; and if he will make a statement on the matter. [46022/13]

Amharc ar fhreagra

Freagraí scríofa

The information the Deputy has sought is not immediately available and will be collated and forwarded directly to the Deputy as soon as possible.

Teachers' Remuneration

Ceisteanna (262, 290)

Barry Cowen

Ceist:

262. Deputy Barry Cowen asked the Minister for Education and Skills if his Department has guidelines for time off for State employees such as teachers who are elected members of the local authority and are attending official local authority business. [46044/13]

Amharc ar fhreagra

Barry Cowen

Ceist:

290. Deputy Barry Cowen asked the Minister for Education and Skills his Department's guidelines for time off for employees such as teachers who are elected members of the local authority and are attending official local authority business. [46043/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 262 and 290 together.

Where a teacher in a primary or post primary school is an elected member of a local authority, paid absence of up to ten school days in a school year may be availed of in order to attend meetings, but only where such meetings are held during school opening hours. Substitute cover in such instances is not paid by my Department.

School Transport Provision

Ceisteanna (263)

John Browne

Ceist:

263. Deputy John Browne asked the Minister for Education and Skills if the EU Commission made a mistake when it stated that the school transport scheme was operated under contract by Bus Éireann in 2007; if the Accenture report of 2012 into centralised procurement was mistaken when it described the school transport scheme as a contract; if his Department told Accenture that the scheme was a contract; and if he will make a statement on the matter. [46454/13]

Amharc ar fhreagra

Freagraí scríofa

Parliamentary questions linked to the substance of the High Court case taken by Student Transport Scheme Ltd against my Department, including the arrangements between my Department and Bus Éireann, have been raised on a number of occasions in the House recently. For this reason, I feel it is appropriate to give a background to the conduct of the particular case. In doing this I will not stray into the area of issues that were raised before the Court and which were appropriately dealt with in that forum. Nor will I comment on matters which may be the subject of an appeal to the Supreme Court. Student Transport Scheme Ltd is a company first incorporated in June 2011; it initiated the legal action against my Department in October 2011. Bus Éireann was joined as a Notice Party in the proceedings at the direction of the High Court. The records with the Companies Registration Office show that the sole shareholders of Student Transport Scheme Ltd are Mr Tim Doyle and Mr Brian Lynch who hold 101 and 99 shares of €1 each respectively, or a paid-up share capital of €200. The company was represented in the legal action by Brian Lynch & Associates, Solicitors. Given the fact that the company had effectively no assets, my Department judged it prudent to seek an Order from the High Court for security for costs. This process preceded the actual hearing of the court case. In January 2012, the High Court gave the Department an order for security of costs. The effect of this was to provide the tax payer with security in the event, as actually occurred, that the Department won the court case and received an order in its favour in respect of its costs. In the absence of such security the taxpayer was at risk in relation to the costs of the action. The essential thrust of the legal action was to seek an Order from the High Court setting aside the existing arrangements for the provision of national school transport services. The case was heard over a six day period in the Commercial High Court spanning the period from 10th July to 18th July 2012. During this period Counsel, on behalf of all parties (the company, the Department and Bus Éireann) advanced the detail of their respective cases and the legal arguments to the Court. The High Court Judgement was given in October 2012. The detail of this Judgement is available on the Courts Service website and other than to make the point that the Court found decisively in favour of the Department, I do not propose to comment further on the detail of the case. It is worthy of note that the court case was litigated in an unusually belligerent manner by the applicant. The Department is in receipt of very extensive correspondence accusing the Department of illegality, obstruction of a solicitor, tampering with evidence, perverting the course of justice and drawing purported parallels between my Department and a fiefdom of thugs in Limerick City. At trial, Senior Counsel for the company apologised for the excessive zeal of this correspondence. Subsequent to the Court Judgement in favour of the Department the company, through their solicitor, Brian Lynch & Associates initiated an appeal to the Supreme Court. In addition the company, again through their solicitor Brian Lynch & Associates commenced an action against two named officials of the Department, the Chief State Solicitor and a named official of the Chief State Solicitor's Office. This action alleged contempt and sought committal of the public servants in question. The Department and Bus Éireann also sought security for the legal costs in relation to the appeal to the Supreme Court. The underlying purpose of seeking this security was to safeguard the taxpayer against the costs to be incurred in defending this appeal. In the event the issues of contempt/committal and security for costs came before the Supreme Court in February 2013. The Supreme Court dismissed the contempt/committal issue. The Supreme Court also awarded the Department and Bus Éireann security for their costs in an amount to be decided by the Master of the High Court in the event of the appeal against the High Court judgement proceeding. The litigation in this case continues to be conducted in a most unusual, threatening and aggressive manner. Brian Lynch & Associates on behalf of the company, and Mr. Tim Doyle, as managing director of the company between them have written many hundreds of letters to Ministers, Deputies, the Department, Bus Éireann, the Office of the Chief State Solicitor and to individual officials and retired officials of the Department. Elements of this correspondence allege corruption, refer to an ongoing investigation of corruption by Brian Lynch & Associates, and repeatedly raise issues and contentions which were either the subject of the failed High Court challenge and/or are proper to any appeal to the Supreme Court. It should also be pointed out that earlier correspondence to Bus Éireann contained references to bias, bribery and bullying and these allegations are now the subject of separate defamation proceedings initiated by Bus Éireann against Mr Tim Doyle. I consider it necessary to bring the foregoing information to the attention of Deputies. It is important that litigation be conducted in the appropriate objective forum, namely the Courts, and that Ministers refrain from comment on matters which are the subject of further legal proceedings. Myself and my officials have sought to respect this principle in our approach to the litigation. The Office of the Chief State Solicitor has corresponded repeatedly with Brian Lynch & Associates pointing out that issues in relation to the proceedings should be dealt with in the appropriate process and will not be debated in the course of correspondence by either my Department or that Office. Subject to provision of the appropriate security for costs as directed by the Supreme Court and as determined by the Master of the High Court, my Department will deal fully with the relevant issues and contentions raised by Brian Lynch & Associates in the context of the Supreme Court appeal.

Departmental Expenditure

Ceisteanna (264)

John Browne

Ceist:

264. Deputy John Browne asked the Minister for Education and Skills the amount his Department pays private contractors for the visual inspections of school transport vehicles; if he will publish the contract award notice on the e-Tenders website; and if he will make a statement on the matter. [46455/13]

Amharc ar fhreagra

Freagraí scríofa

I take it that the Deputy is referring to the visual inspection of seat belt fitments on school transport contractor vehicles. Bus Éireann has advised that this visual inspection process concluded in 2011, no payments are currently being made and therefore the matter of a contract award notice does not arise.

Redundancy Payments

Ceisteanna (265, 266, 267)

Charlie McConalogue

Ceist:

265. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will confirm as per the circular issued by his Department, the current position within the university-third level sector regarding persons with contracts of indefinite duration, specifically those in research areas; if that enhanced redundancy, an extra three weeks pay per year of service, will be paid beyond two years service but only on the basis that the researcher involved acknowledges that they will be prohibited from working in the public service for two years; and if he will make a statement on the matter. [46477/13]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

266. Deputy Charlie McConalogue asked the Minister for Education and Skills the reason despite a High Court ruling against a university (details supplied) regarding the payment of enhanced redundancy, the university continues to force persons who had contracts of indefinite duration but who were made redundant to go to court to have their rights upheld on a case-by-case basis. [46480/13]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

267. Deputy Charlie McConalogue asked the Minister for Education and Skills if he will instruct the universities-third level institutions to abide by the terms of the Fixed Term Workers Act where fixed term and contract staff on contracts of indefinite duration will not be treated less favourably than permanent staff; if he will ensure that this instruction be explicitly extended to mention payment of redundancies at rates comparable with the ex gratia payments made to permanent public sector staff being made redundant of three weeks' salary per year of service; and if he will make a statement on the matter. [46481/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 265 to 267, inclusive, together.

The Collective Agreement on enhanced redundancy payments agreed between the Department of Public Expenditure and Reform and the Public Services Committee of the Irish Congress of Trade Unions applies to redundancies in the education sector and my Department has directed third level institutions accordingly. The Collective Agreement provides that public servants who accept an ex gratia redundancy payment will not be eligible for re-employment in the Public Service for a period of two years from termination of the employment. The Agreeement also explicitly states the rates at which redundancy is to be paid (see attached copy provided for information). The Agreement comprehends permanent staff, those on contracts of indefinite duration and fixed-term staff in continuous employment for more than two years, including research staff. Employers are required to notify my Department and obtain sanction before the Collective Agreement is offered to any staff member affected by a redundancy event.

Collective Agreement: Enhanced Redundancy Payments to Public Servants

Under the Public Service Agreement 2010–2014 the parties have agreed that Public Service numbers will be reduced in accordance with Government policy on public service numbers, as implemented through Employment Control Frameworks. To that end, the Agreement states (paragraph 1.5) that, where the circumstances require it, the Government may offer voluntary mechanisms to exit the public service, whether generally or in specific sectors, bodies, locations or services.

The Agreement includes a commitment (paragraph 1.6) by public service management that compulsory redundancy will not apply within the Public Service; however this is subject to some key qualifications, namely that it is subject to compliance with the terms of the Agreement, in particular on flexibility on redeployment. There is a saver for circumstances “where existing exit mechanisms apply”. There are established practices for making public servants redundant in appropriate circumstances, on the expiry of employment contracts or where redundancy terms have been agreed or generally applied1.

It has been agreed on behalf of the Department of Public Expenditure and Reform and the Public Services Committee of ICTU that the following will apply, with effect from 1 June 2012, on the redundancy of a public servant as defined under the Financial Emergency Measures in the Public Interest Acts 2009–20112 or group or class of public servants3:

- Any ex gratia payment will amount to no more than 3 weeks pay per year of service, subject to the total statutory redundancy and ex gratia payment not exceeding either 2 years’ pay or one half of the salary payable to preserved pension age, whichever is less;

- In accordance with the provisions in the Redundancy Payments Acts 1967 - 2007, public servants in employment for less than 2 years [104 weeks] are not eligible for a severance payment (statutory or ex gratia);

- A Public Servant will be advised in writing prior to acceptance of the ex gratia payment that s/he will not be eligible for re-employment in the public service by any public service body (as defined by the Financial Emergency Measures in the Public Interest Acts 2009– 2011) for a period of two years from termination of the employment. Thereafter the consent of the Minister for Public Expenditure and Reform will be required prior to re-employment. This declaration will also include an authorisation that their information (PPS number and details) can be used by their employer or any other public service body for the purposes of monitoring compliance with this provision.

This collective agreement will be reviewed from time to time in light of the prevailing economic and fiscal conditions.

1The Implementation Body established under the Agreement has noted [17 February 2012] that it was not intended that these practices would be superseded by the Agreement.

2Including public servants employed for a fixed term, meeting the criteria for redundancy under the Redundancy Payments Acts 1967 to 2007 and to whom a redundancy payment is required to be paid in accordance with the Protection of Employees (Fixed Term Work) Act 2003.

3A public service employer may seek the sanction of its parent Department and the Department of Public Expenditure and Reform to make a collective agreement with a body representing relevant employees that varies some or all of the terms of this agreement. The redundancy arrangements specified under DES Circular 0058/2006 are unaffected by this collective agreement.

FÁS Training Programmes Provision

Ceisteanna (268)

Dan Neville

Ceist:

268. Deputy Dan Neville asked the Minister for Education and Skills if he will address and deal with the anomaly that appears to be emerging for hairdressers who have just come out of hairdressing college and are seeking employment; and if it is the case that hairdressers are now taking persons from FÁS and they are then being paid by FÁS (details supplied). [46661/13]

Amharc ar fhreagra

Freagraí scríofa

All unemployed individuals are entitled to apply for a Solas training course. However, their social welfare entitlement will determine their entitlement to a Solas Training Allowance. Owing to the number of unemployed individuals applying to participate in certain Solas training courses, some courses such as the Hairdressing course have a waiting list and people are invited to participate as soon as places become available. The Solas Hairdressing Course is at Level 5 on the National Framework of Qualifications and the Target Learner Profile specifies that "applicants must have achieved a FETAC Level 4 or its equivalent". Individuals who are participating in this Hairdressing course must also undertake work experience of four weeks as part of the course. The work experience element of the course is crucial to trainees as it provides an opportunity to gain valuable work experience in a real-life working environment. Solas are not aware of any particular issues arising with this work placement requirement. The Deputy should also be aware that the Department of Social Protection provide for internships in various trades through its JobBridge programme and questions relating to this particular programme are a matter for that Department.

School Transport Provision

Ceisteanna (269)

Brendan Griffin

Ceist:

269. Deputy Brendan Griffin asked the Minister for Education and Skills the position regarding a school route (details supplied) in County Kerry; and if he will make a statement on the matter. [45614/13]

Amharc ar fhreagra

Freagraí scríofa

Bus Éireann,which is responsible for the day to day operation of the school transport scheme on behalf of my Department, has advised that the family referred to by the Deputy in the details supplied are currently availing of a school transport service within the guidelines set out in my Department's Primary School Transport Scheme.

Teacher Redeployment

Ceisteanna (270)

Pearse Doherty

Ceist:

270. Deputy Pearse Doherty asked the Minister for Education and Skills the procedure that exists for the transfer of a teacher from one supplementary panel to another; if such transfers are common; the body responsible for administering such requests; the criteria for a transfer; and if he will make a statement on the matter. [45620/13]

Amharc ar fhreagra

Freagraí scríofa

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. The redeployment of all surplus permanent teachers is key to the Department's ability to manage within its payroll budget and ceiling on teacher numbers. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers. In any given year there will be a number of teachers on these panels that do not secure a permanent post. The redeployment arrangements are published annually in the staffing circular which is placed on the Department website. The redeployment arrangements for the 2013/14 school year are set out in Circular 0013/2013 which is available on the website. The arrangements for access to the supplementary panel were published in Circualar 0038/2012 which is also available on the website. Preparation for the staffing and redeployment process for the 2014/15 school year is currently underway in my Department. The arrangements for access to the supplementary panel will be published in the relevant circular which is expected to be placed on the Department website in the coming weeks. Redeployment panels are drawn up on a diocesan basis for Catholic panels, diocesan/united diocesan basis for Church of Ireland panels and on a national basis for other patron bodies. The detail relating to numbers on individual redeployment panels is placed on the Department website when the panels are published each year. Outside of this process the administration of transfer requests from teachers placed on redeployment panels is at the discretion of individual panel operators (patron bodies).

Question No. 271 withdrawn.

Student Grant Scheme Eligibility

Ceisteanna (272)

Jonathan O'Brien

Ceist:

272. Deputy Jonathan O'Brien asked the Minister for Education and Skills if he will reverse the decision of Student Universal Support Ireland not to pay the contribution fee in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [45637/13]

Amharc ar fhreagra

Freagraí scríofa

Officials in my Department have confirmed with Student Universal Support that in the case of the student referred to by the Deputy his application has been assessed and he is not eligible for a grant on the basis that the household income is over the limit for the award of a grant. The applicant appealed this decision to the SUSI appeals officer and the original decision was upheld. Where an individual applicant has had an appeal turned down, in writing, by SUSI, and remains of the view that SUSI has not interpreted the scheme correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the Student Grant Appeals Board. The relevant appeal form is available to download from http://www.studentfinance.ie/downloads/1375344221/2013_SGAB_appeal_form.pdf.

Schools Building Projects Status

Ceisteanna (273)

Colm Keaveney

Ceist:

273. Deputy Colm Keaveney asked the Minister for Education and Skills with reference to the Government's capital investment programme which committed to the construction of a Gaelscoil in Tuam, County Galway, if the site has been identified; when construction will commence; if the school will commence operations in the academic year 2015-2016; and if he will make a statement on the matter. [45640/13]

Amharc ar fhreagra

Freagraí scríofa

The 5 Year Construction Plan that I announced on 9 March 2012, outlines the major school projects that will commence construction over the duration of the Plan. The Deputy will be aware that an extension project at the school to which he refers has been included in the Plan and is scheduled to proceed to construction in 2015/16. I can confirm to the Deputy that my Department is working closely with the relevant Local Authority in relation to identifying and acquiring a suitable site for the provision of permanent accommodation for the school to which he refers. I can advise that a suitable site has been identified and negotiations are at an advanced stage. However, given the sensitivities associated with land acquisitions generally, I am not in a position to comment further at this point in time.

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