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Thursday, 3 Apr 2014

Written Answers Nos. 87-96

Special Educational Needs Service Provision

Ceisteanna (87)

Bernard Durkan

Ceist:

87. Deputy Bernard J. Durkan asked the Minister for Education and Skills the way the special educational needs of a person (details supplied) in County Kildare can be met in view of the fact that the family is now homeless with no fixed abode; and if he will make a statement on the matter. [15913/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the policy of my Department is to secure the maximum possible level of inclusion of students with special educational needs in mainstream primary and post-primary schools, in order to ensure that as many children as possible can be educated with their peers within their own community, regardless of their domiciliary status.

My Department provides for a range of placement options and supports for schools which have enrolled pupils with special educational needs in order to ensure that, wherever a child is enrolled, they will have access to an appropriate education.

Children with special educational needs may be enrolled in a mainstream school and attend all mainstream classes and receive additional teaching support through the learning support and/or resource teacher. If they have assessed care needs they may be supported by a special needs assistant. In respect of children who cannot be accommodated in mainstream education, they may be enrolled in special classes or special schools where more intensive and supportive interventions are provided.

The enrolment of a child to a school is a matter in the first instance for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools.

The Educational Welfare Services of the Child and Family Agency is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. They will try to help parents to find a school placement if their child has been unable to secure a school placement to date. The Educational Welfare Services, Child and Family Agency, can be contacted at 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

In addition, the National Council for Special Education (NCSE) Special Education Needs Organisers (SENOs) can assist parents to identify appropriate educational placements for children with special educational needs. Parents may contact their local SENO directly to discuss their child's special educational needs and to seek assistance in identifying placement options, using the contact details available on www.ncse.ie. The NCSE also recently published a Guide for Parents and Guardians of Children and Young People with Special Educational Needs on Choosing a School. This guide is also available at www.ncse.ie.

Where a parent seeks to enrol their child in a school and that school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Only where an appeal under Section 29 is upheld, may the Secretary General of my Department direct a school to enrol a pupil.

Finally, it is not clear from the information provided by the Deputy if he has a concern about the welfare of the pupil in question. As the Deputy may be aware, if he has a concern about the welfare or safety of the child then he should report the matter as a child protection concern to the appropriate authorities.

State Properties

Ceisteanna (88)

Brendan Griffin

Ceist:

88. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the number of closed Garda stations that have been sold or leased to local community groups since 2011; if he will provide a county breakdown of these figures; and if he will make a statement on the matter. [15804/14]

Amharc ar fhreagra

Freagraí scríofa

In line with the previously stated Disposal Policy the Commissioners of Public Works presented eight former Garda stations for public auction on Thursday, 27th March, 2014 details as follows:

No.

Former Garda Stations

1.

Newtowncashel, Co. Longford

2.

Mallow Road, Co. Cork

3.

Inchigeela, Co. Cork

4.

Cloone, Co. Leitrim

5.

Grangemockler, Co. Tipperary

6.

Lettermore, Co. Galway

7.

Baldwinstown, Co. Wexford

8.

Ardagh, Co. Longford

The following fifteen former Garda stations have been assigned to local community groups subject to agreed licence.

-

Garda Station

Assigned to Community Group

1.

Ballinskelligs, Co. Kerry

Coiste Forbartha na Sceilge

2.

Ballycastle, Co. Mayo

Ballycastle Development Company

3.

Ballymote, Co. Sligo

Ballymote Community Enterprises Limited

4.

Beaufort, Co. Kerry

Beaufort Community Council

5.

Castletownshend, Co. Cork

Castlehaven Community Association

6.

Cliffony, Co. Sligo

Cliffoney Development Group

7.

Cootehall, Co. Roscommon

Cootehall Community Development Group Ltd.

8.

Dromahair, Co. Leitrim

Dromahair Community Group

9.

Harcourt Terrace, Dublin

Irish Arts Review, Ouroboros and  Drumcondra Work Space

10.

Kilgarvan, Co. Kerry

Kilgarvan Tidy Towns Committee

11.

Mulranny, Co. Mayo

Mulranny Community Futures

12.

Tourmakeady, Co. Mayo

Coiste Cultur Teanga and Forbartha Thuar Mhic Eadaigh

13.

Bunbeg, Co. Donegal

Gweedore Community Council – Tourist Information Office

14.

Donard, Co. Wicklow

Glen of Imaal Wicklow (Red Cross) Mountain Rescue Team (GoIMRT)

15.

Rush, Co. Dublin

Rush Musical Society

Eight former Garda Stations will be retained for State use. These are as follows:

-

Name of Station

State Body

1.

Kill, Co. Kildare

South West Kildare Partnership and local area task force supporting families dealing with substance abuse.

2.

Loughglynn, Co. Roscommon

Assigned to the HSE for a local ambulance service.

3.

McCurtain Street, Cork

Currently under consideration for transfer to Cork City Council.

4.

Stradone, Co. Cavan

Retained by An Garda Síochána for a specialist unit.

5.

Valentia, Co. Kerry

Assigned to the Irish Coast Guard Service.

6.

Whitehall, Dublin

Assigned to State Pathologist and City Mortuary.

7.

Mary Street, Limerick

Currently under consideration for transfer to Limerick City Council.

8.

Edward Street, Limerick

Currently under consideration for transfer to Limerick City Council.

Flood Prevention Measures

Ceisteanna (89, 90, 91)

Kevin Humphreys

Ceist:

89. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform in relation to the proposed Office of Public Works works on increasing the attenuation capacity of the Tymon Park ponds to address flood issues on the River Poddle, if a timeline is in place for this work and, if so, if he will provide same; the funding required for this work; the amount available; if the funding has been ringfenced in the multi-annual budgeting process; and if he will make a statement on the matter. [15711/14]

Amharc ar fhreagra

Kevin Humphreys

Ceist:

90. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform of the works carried out to date on the River Poddle to alleviate the risk of flooding, the level of risk against which residents are currently protected; when the proposed works are carried out at Tymon Park, the level of risk against which residents will be protected; and if he will make a statement on the matter. [15712/14]

Amharc ar fhreagra

Kevin Humphreys

Ceist:

91. Deputy Kevin Humphreys asked the Minister for Public Expenditure and Reform if information on the flood protection works carried out to date along the River Poddle will be shared with insurance companies through the memorandum of understanding; when it is expected that the proposed works will be finished in order that home owners along the river can access flood insurance; and if he will make a statement on the matter. [15713/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 89 to 91, inclusive, together.

The proposed attenuation works in Tymon Park are part of the overall options for dealing with flood risk on the River Poddle identified under an accelerated procedure of the East Catchment Flood Risk Assessment and Management study and on which the public were consulted in June 2013. South Dublin County Council (SDCC) will take the proposals forward through planning and eventual construction. The Council is currently reviewing the Options Report and it is hoped that the procurement of consultants to undertake the necessary Part 8 Planning and detailed design will be commenced shortly. Once consultants have been appointed a comprehensive programme to take a scheme through construction and an estimate of the associated cost will be developed by the Council. In addition to flood attenuation, the Scheme may involve some downstream defence works.

The Office of Public Works (OPW) has given a commitment in principle to the Scheme and has made indicative provision for its cost in its Multi-Annual Capital Budget Profiles for the period 2014-2017. However, construction of the Scheme will be dependent on successful completion of the planning process and the availability of funding at the point when the Scheme is ready to be undertaken.

The OPW understands that the works carried out so far by SDCC have significantly alleviated flood risk in the area but it is not possible to state to what level of flood risk these works protect against. New screens have been placed on the Poddle, with regular cleaning of these screens being undertaken by the Council. Remote monitoring of two of these screens is also taking place, which allows the Council to react swiftly to any noticeable problem. In addition, the river bed and banks have been cleaned from Tymon Park to Kimmage Manor and down to Kimmage Road West, which has led to improved flood flow. However, properties will still be at risk until the scheme is undertaken, and the Council is aware of the need to continue with regular maintenance and monitoring in the interim period.

As indicated already, the Council is not in a position yet to confirm when works will be undertaken on the scheme. However, when the works are completed the details will be provided to the insurance industry in accordance with the recently agreed Memorandum of Understanding which covers completed flood defence schemes. The scheme will provide protection against a flood with a 1% probability of occurring in a given year, commonly referred to as a 100 year flood event. This should lead to residents being able to avail of flood cover again, although the provision of cover in any case will remain a matter for the insurance companies.

Banking Operations

Ceisteanna (92)

Ciaran Lynch

Ceist:

92. Deputy Ciarán Lynch asked the Minister for Public Expenditure and Reform the duration of the merchant agreement where payment by debit or credit card is accepted for services provided by his Department or bodies under the aegis of his Department to the public; when the term of the agreement will end; if the merchant agreement is awarded by way of tender; and if he will make a statement on the matter. [15743/14]

Amharc ar fhreagra

Freagraí scríofa

I understand that the merchant agreements the Deputy is referring to, relate to "Acquiring Bank Services". These are services offered by a financial institution that facilitate an entity to accept debit and credit card payments from individuals or other entities.

In this respect my Department does not receive credit/debit card payments and does not therefore avail of "Acquiring Bank Services". 

Agencies under the aegis of my Department, that avail of "Acquiring Bank Services" are; the Office of Public Works (OPW), the Economic and Social Research Institute (ESRI) and the Institute of Public Administration (IPA); the information I have from these Agencies in relation to "Acquiring Bank Services" is summarised as follows:

Organisation

Tender?

Contract Expiry

OPW

No specific tendering acquired from their existing banking provider (OPW tendered for full banking services in 2010)

No expiry date, can be cancelled at any time.

ESRI

No tendering as service costs (less than €500 per year) is well below procurement thresholds.

No expiry date.

IPA

No tendering as service costs (less than €500 per year) is well below procurement thresholds.

Service and costs reviewed on an annual basis.

Public Procurement Contracts Social Clauses

Ceisteanna (93)

Thomas P. Broughan

Ceist:

93. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform when it is expected that the pilot project of hiring a certain percentage of long term unemployed persons and apprentices in public projects, which is currently taking place under the devolved schools build programme design and build framework, administered by the National Development Finance Agency on behalf of the Department of Education and Skills, will be rolled out on a national basis. [15781/14]

Amharc ar fhreagra

Freagraí scríofa

The use of a social clause requiring a contractor to recruit a certain percentage of those employed on a public works construction site from the ranks of the long-term unemployed is being piloted on a limited number of schools projects under the Devolved Schools Build Programme Design and Build Framework, which is being administered by the National Development Finance Agency on behalf of the Department of Education and Skills. The Government Contracts Committee for Construction (GCCC) last year approved the pilot initiative to be included in the NDFA Devolved Schools Programme. 

A framework of contractors has been set up for the Devolved Schools Programme, which consist of a mix of new builds, extensions and some remedial works to existing schools both at a primary and post primary level. Three contracts were recently awarded off the Devolved Schools Programme. The projects will be constructed using the public works contract for Building Works designed by the Contractor. A clause has been included in the contract which requires that 10% of the person weeks worked on the contract be undertaken by individuals recruited from the ranks of the long-term unemployed. There is also a requirement for 2.5% of the person weeks on the contract to be undertaken by apprentices. 

It is important to note that such a provision must be managed carefully both to ensure that the requirements set can be met and monitored but also consideration must be given to their impact on a sector that has experienced decline in output since 2008 as it may result in significant displacement of those already in employment.

The contractor's compliance with this clause under the Devolved Schools Programme will be carefully monitored in accordance with the terms set out in the contract.   Once initial evaluations on the performance of the clause have been undertaken any necessary amendments will be tabled at GCCC before they are incorporated into the €1.5bn, PPP element of the €2.25bn Stimulus Programme that I announced in July 2012. 

However it is not intended to include the amendments incorporating these social clauses in the public works contracts generally since there is a substantial risk that doing so would cause considerable displacement of those already in employment. The Stimulus Programme represents an additional Government spending commitment on top of the €17bn funding contained in the Infrastructure and Capital Investment 2012-2016 published in November 2011. Those projects funded under the Stimulus Programme that are not PPP projects may apply the amended forms of contract, provided they are of an appropriate scale, but must first seek the sanction of the Government Contracts Committee for Construction to depart from the standard form of public works contract.

National Lottery Franchises

Ceisteanna (94)

Luke 'Ming' Flanagan

Ceist:

94. Deputy Luke 'Ming' Flanagan asked the Minister for Public Expenditure and Reform the reason the national lottery franchises are being closed down in rural areas; if this is a purely economic decision; if so, his views on whether this decision will disenfranchise citizens who live in remote areas; if he agrees that where a national lottery franchise is lost that the loss in itself will lead to even further erosion of facilities to those who live in rural Ireland; if he agrees that where a business combines lotto, post office and a general shop that the withdrawal of the lotto franchise will put such businesses under further strain (details supplied); the reason no explanation was given to long-term franchisees for withdrawal of the franchise; the appeals process available to such franchisees; and if he will make a statement on the matter. [15787/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy's question implies that there is a general policy to close down National Lottery franchises in rural areas. I am advised by the An Post National Lottery Company that this is not the case.

Retail Sales Agent Agreements are renewed every 12 months. The agreement can be terminated/not renewed for reasons set out in the agreement, including the need for compliance with targets for minimum sales averages.

With regard to this specific case, the reason the agreement is not being renewed is that minimum sales criteria have not been met. A decision was made in April 2013 not to renew the agreement. Contrary to the impression given in the Deputy's question, the reason for non-renewal was communicated to the Agent at the time and was the subject of an appeal by the Agent on 4 April 2013 to the Area Manager. The appeal was upheld and the agent given a final opportunity to meet his target. Unfortunately, the Agent has not been able to do so.

Pension Provisions

Ceisteanna (95)

Brendan Griffin

Ceist:

95. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will provide in tabular form details of former public representatives in receipt of State pension related to their duties as public representatives; the amounts per annum involved for each person; if these figures are pre or post tax; if he will indicate where any recipient has returned or waived any of the pension sums due; if the amounts in question have dropped since the Government took office and, if so, by how much in each case; if he has further plans to reduce the State’s spend in this area; and if he will make a statement on the matter. [15801/14]

Amharc ar fhreagra

Freagraí scríofa

As advised to the Deputy the information requested will take sometime to collate and will be forward to the Deputy's office by Tuesday the 8th of April.

Pension Provisions

Ceisteanna (96)

Brendan Griffin

Ceist:

96. Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if he will provide in tabular form details of former senior civil servants in receipt of a State pension or pensions related to their duties as civil servants with a total value of over €100,000; the amounts per annum involved for each person; if these figures are pre or post tax; if he will indicate where any recipient has returned or waived any of the pension sums due; if the amounts in question have dropped since the Government took office and if so, by how much in each case; if he has further plans to reduce the State’s spend in this area; and if he will make a statement on the matter. [15802/14]

Amharc ar fhreagra

Freagraí scríofa

The Financial Emergency Measures in the Public Interest Act 2010 provided for the Public Service Pension Reduction (PSPR). The PSPR, commencing 1 January 2011, imposed significant reductions on public service pensions in payment, using a progressively tiered set of bands and rates with a top rate of 12% on any public service pension amount over €60,000.

The legislation was amended to increase the top rate of PSPR from 12% to 20% on the portion of any public service pension amount in excess of €100,000. Initially the PSPR was imposed separately on each public service pension where more than 1 pension was payable. However, following an amendment introduced in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, the PSPR  is imposed on the aggregated value of all public service pensions held by a person who has more than one such pension.

Public service pay cuts under the FEMPI legislation, including those made by this Government, have impacted progressively so that higher earners have taken the hardest hit. These pay cuts have been fully reflected in the pensions of persons who retired from 1 March 2012 onward. The average pay cut imposed has been around 7%, but this extends to more than 20% for the highest earners, including a limited number of senior civil servants.

When account is taken of PSPR, a total of 35 former senior civil servants have been identified with a pension of €100,000 or more, see following table. This is out of a total of some 16,228 civil service  pensioners and a reduction of over 50% compared to the number (79) identified as in receipt of a pension in excess of €100,000 net of PSPR in 2011. As a matter of policy, waivers of pay or pension by serving or former public servants are not disclosed.

No

Annual Net of PSPR

2

100,651.50

1

102,145.73

1

104,361.49

1

104,815.35

1

105,039.21

1

106,078.25

23

107,228.63

5

118,642.80

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