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Tuesday, 27 May 2014

Written Answers Nos. 184-200

Mortgage Arrears Report Implementation

Ceisteanna (184)

Bernard Durkan

Ceist:

184. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he and his Department continue to monitor the situation regarding mortgage arrears with particular reference to the need to ensure that home owners who have fallen into arrears through no fault of their own are not unfairly treated and that cognisance is taken of the facts of each individual case, particularly where loss of income or loss of employment has resulted in arrears; and if he will make a statement on the matter. [23412/14]

Amharc ar fhreagra

Freagraí scríofa

The fair resolution of the mortgage arrears problem is a key priority for Government and a comprehensive strategy, in line with the main recommendations of the 2011 Keane Report, has been developed.  The implementation of this strategy is overseen at Government level by a special sub-committee which is chaired by the Taoiseach and at official level by a mortgage arrears steering group which is chaired by the Department of Finance.

The Government has significantly advanced a number of key measures in this regard, including;

- An intensification by the Central Bank of its engagement with mortgage lenders to require them, under the Mortgage Arrears Resolution Targets (MART) process, to propose and conclude sustainable and durable alternative arrangements to their customers in mortgage arrears of greater than 90 days;

- Significant reforms to personal insolvency and the establishment of the Insolvency Service of Ireland, to make it more accessible for people with unsustainable personal and mortgage debt to address their position;

- Updating the Code of Conduct on Mortgage Arrears to provide safeguards to cooperating borrowers while also promoting and encouraging efforts by both lenders and borrowers to meaningfully address mortgage arrears or pre-arrears;

- Mortgage to rent which is now available as a social housing response to allow people to remain in their house, where possible; and

- The provision of an independent mortgage information and advice service.

Regarding the Central Bank's MART process, quarterly performance targets have so far been set to the end of June 2014 to require the banks to propose and put in place durable long term solutions to address individual cases of mortgages in difficulty where the mortgage is more than 90 days in arrears.  The Central Bank has now concluded its audit and assessment of a sample of the banks' end 2013 target returns.  Based on the information submitted, the Central Bank has advised that the banks have indicated they have met the targets of proposing solutions to 50% and concluding solutions for 15% of accounts in arrears greater than 90 days.

The Central Bank's Code of Conduct on Mortgage Arrears (CCMA) provides a strong consumer protection framework to ensure that borrowers struggling to keep up mortgage repayments are treated in a fair and transparent manner by their lender, and that long term resolution is sought by lenders with each of their borrowers in arrears. Under the CCMA, if a borrower is not satisfied with the way that their lender is dealing with them or if they think the lender is not complying with the CCMA, the borrower can make a complaint to their lender. Borrowers also have the right to appeal to the lender's Appeals Board if they are not happy with the alternative repayment arrangement offered or where a lender declines to offer an alternative repayment arrangement or if they believe they have been wrongly classified as not co-operating.   If the borrower is still unhappy with the outcome of the appeal or the complaint made to the lender, they can refer the matter to the Financial Services Ombudsman.

The monthly mortgage restructures and arrears data published by my Department also provides an impetus for those MART banks to increase the pace of provision of mortgage restructures.  The latest publication, in respect of the end of March, shows that some progress has been made in putting permanent mortgage restructures in place.  For example, the total number of permanent restructures of principal dwelling houses (PDH) mortgages has risen from around 51,000 in December to around 62,000 in March 2014.  This data, as well as the Central Bank quarterly mortgage arrears publications, would appear to demonstrate some success by the lenders in addressing the accounts in arrears as well as measures to prevent borrowers from going into arrears.

Taken together, the framework is in place to enable banks to work with distressed homeowners to reach sustainable solutions for dealing with their personal indebted situations.  However, early and effective engagement between borrowers and lenders is key to resolving the cases of mortgage difficulty.  Where there is effective and meaningful engagement by all parties regarding a mortgage difficulty, the data shows that an increasing number of durable long term mortgage restructures is being put in place.  However, it is accepted that it will be necessary for lenders and borrowers to continue to build on this.

Question No. 185 answered with Question No. 178.

Financial Services Regulation

Ceisteanna (186)

Bernard Durkan

Ceist:

186. Deputy Bernard J. Durkan asked the Minister for Finance the procedure applicable to banking and insurance corporations or similar entities exiting the Irish market with particular reference to the extent to which they might be expected to comply with their contractual obligations or duty of care; if any provision is made for losses accruing to their customers in this jurisdiction in the wake of their exit; and if he will make a statement on the matter. [23414/14]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation, including banking and insurance. The day to day responsibility for the supervision of financial institutions is a matter for the Central Bank which is statutorily independent in the exercise of its regulatory functions.

I have been advised by the Central Bank that according to Chapter 3.11 of the consumer protection code 2012:  'where a regulated entity intends to cease operating, merge with another, or to transfer all or part of its regulated activities to another regulated entity it must:

- notify the Central Bank immediately;

- provide at least two months' notice to affected consumers to enable them to make alternative arrangements;

- ensure all outstanding business is properly completed prior to the transfer, merger or cessation of operations or, alternatively in the case of a transfer or merger, inform the consumer of how continuity of service will be provided following the transfer or merger; and

- in the case of a merger or transfer of regulated activities, inform the consumer that their details are being transferred to the other regulated entity, if that is the case'.

If a firm does not provide a consumer with two months' notice of their intention to cease operating, this is a potential breach of Section 3.11 of the Consumer Protection Code. The consumer can make a complaint to the Financial Services Ombudsman who deals independently with unresolved complaints from consumers about their individual dealings with all financial service providers. 

It should be noted that Consumer Protection Code 2012 is intended for situations where regulated entities are in a position to provide such notice, i.e. in the cases of mergers and transfers, and not in the case of insolvent liquidations. If there has been a breach of the Consumer Protection Code then the Central Bank is in a position to consider enforcement action.

Under the Central Bank's Consumer Protection Code, banks are required to give a minimum of 2 months' notice before they close a consumer's account. It is important that consumers are given adequate notice to allow them to take the required steps to close or transfer their accounts. All banks providing current accounts in Ireland are subject to the Central Bank's Current Account Switching Code, which is designed to make the process of switching current accounts easier and quicker and to offer protection and support for consumers when switching bank account. 

Two banks have in recent times announced their intention to withdraw from the Irish market. This is consistent with developments across Europe where banks have retrenched within national borders.

With regards to insurance we have seen the recent withdrawal of Setanta Insurance Company Limited from the market and its subsequent liquidation.  Setanta Insurance Company Limited (Setanta) is a Maltese incorporated company which was both authorised and prudentially supervised by the Malta Financial Services Authority (MFSA).  While the financial position of Setanta is not supervised by the Central Bank, the firm is supervised by the Central Bank for conduct of business rules, i.e. consumer protection obligations. 

On 16 April, 2014, Setanta determined that the company was insolvent. This means that Setanta does not have sufficient funds to be able to honour its full obligations towards claimants, policyholders and other creditors. Setanta was formally placed into liquidation by the MFSA following a meeting of the creditors which took place on the 30 April, 2014 where a liquidator, Mr Paul Mercieca, was appointed. The Liquidator has written to all policyholders in the last week informing them that their policies would be cancelled, in accordance with the terms of the policy of insurance with the Company. 

The Central Bank has been engaging with the liquidator and with brokers who sold the policies to ensure all policyholders that hold a current Setanta motor insurance policy urgently make alternative motor insurance arrangements.   The Central Bank as well as the Department of Finance have also liaised with the relevant industry representative bodies. 

Special Educational Needs Service Provision

Ceisteanna (187)

Michael McGrath

Ceist:

187. Deputy Michael McGrath asked the Minister for Education and Skills further to Parliamentary Question No. 95 of 7 May 2014, if he will consider introducing an exemption from maths for children with the rare diagnosis of dyscalculia; and if he will make a statement on the matter. [22385/14]

Amharc ar fhreagra

Freagraí scríofa

The approach to teaching and learning in schools is that teachers use differentiation to address different rates of learning to reflect the educational needs and in particular the learning skills and abilities of their pupils.

My Department supports the holistic development of the young person and, other than in the case of Irish (which is under review), exempting pupils from a key subject area, such as mathematics, is not recommended in view of the need to support the student's overall development. Mathematics and numeracy permeate so many aspects of the curriculum. The aim is to develop skills at the level and rate that suits the young person's abilities (and disabilities).

Examinations at post-primary level are designed to provide opportunities for candidates across the achievement range to show what they know, understand and can do so as to be fair to candidates and to facilitate a spread of grades across the available range. The State Examinations Commission (SEC) operates a Scheme of Reasonable Accommodations at the Certificate Examinations (RACE scheme). The scheme is designed to assist candidates with special needs at the certificate examinations. Within the context of the RACE scheme the term 'special need' applies to candidates who have a physical disability, including visual and hearing impairments, or a specific learning difficulty.

FÁS Training Programmes Provision

Ceisteanna (188)

Dara Calleary

Ceist:

188. Deputy Dara Calleary asked the Minister for Education and Skills the reason a two year FÁS course (details supplied) has ceased after one year. [22388/14]

Amharc ar fhreagra

Freagraí scríofa

This is a day to day operational matter for SOLAS. I have asked SOLAS to contact the Deputy directly to clarify the issue.

Autism Support Services

Ceisteanna (189)

Mary Lou McDonald

Ceist:

189. Deputy Mary Lou McDonald asked the Minister for Education and Skills the full cost to the State of the provision of ABA support to a child with severe autism for ten hours per week for a 12-month period. [23062/14]

Amharc ar fhreagra

Freagraí scríofa

My Department's position is that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs. Applied Behavioural Analysis, or ABA, is one of the approaches used in special classes for children with autism.

It is a matter for schools to determine the approach or mix of approaches which they will use in each individual case. The approach towards each child's education should be based on the individual educational needs of the child and should have regard to the child's individual education plan and supporting professional reports, etc. and would require the interaction of all school personnel involved in the provision of education to the child.

My Department does not support the exclusive use of any particular approach, including ABA. Neither does my Department directly fund exclusive ABA support and therefore I am not in a situation to provide an estimate of cost of ABA support as described by the Deputy.

Health and Safety

Ceisteanna (190)

Michael McCarthy

Ceist:

190. Deputy Michael McCarthy asked the Minister for Education and Skills if he will consider the introduction of a one-day asbestos awareness safety programme aimed at general construction workers, craft workers and on-site personnel in the construction industry; and if he will make a statement on the matter. [22129/14]

Amharc ar fhreagra

Freagraí scríofa

This is a day to day operational matter for SOLAS who manage the Safepass programme. I am informed by SOLAS that Mandatory Safety Awareness Training is provided for under the Safety, Health and Welfare at Work (Construction) Regulations 2013 and in particular schedule 4 provides that to obtain a valid safety awareness card it is a requirement to successfully complete the SOLAS Safe Pass training programme.

Asbestos safety awareness is already incorporated in the mandatory Safe Pass programme and employers have express duties to the employees under the above stated legislation. The mandatory one training day programme incorporates an awareness of the dangers of asbestos and also covers the employers' duties regarding same.

Schools Property

Ceisteanna (191)

Jerry Buttimer

Ceist:

191. Deputy Jerry Buttimer asked the Minister for Education and Skills his plans for the site and premises of a school (details supplied) in County Cork; and if he will make a statement on the matter. [22138/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the former school property, to which the Deputy refers, is in the ownership of the Cork Diocesan Trust. A charging lease for 99 years dated 2 February 1978, is in place to protect the interest of the State in the property. Regarding any future use of the former school premises, queries should be directed to the Cork Diocesan Trustees for their consideration.

Student Grant Scheme Eligibility

Ceisteanna (192)

Billy Timmins

Ceist:

192. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding Student Universal Support Ireland grants where the student is in receipt of a grant and back to education allowance, their spouse is on a disability payment and they are above the threshold to receive full fees, if consideration will be given where there are dependent children; and if he will make a statement on the matter. [22142/14]

Amharc ar fhreagra

Freagraí scríofa

The decision on eligibility for a student grant is a matter in the first instance for the awarding authority. The Deputy will appreciate that in the absence of all the relevant details that would be contained in an individual's application, it would not be possible for me to say whether or not a student would qualify for a grant. If an individual applicant considers that she/he has been unjustly refused a student grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI.

Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board. The relevant appeal form is available to download from http://www.studentfinance.ie/downloads/1375344221/2013_SGAB_appeal_form.pdf.

School Staffing

Ceisteanna (193)

Dara Calleary

Ceist:

193. Deputy Dara Calleary asked the Minister for Education and Skills the position regarding a school (details supplied) in County Mayo which faces the prospect of losing a teacher from September 2014; the options that may be available to the school management; and if he will make a statement on the matter. [22148/14]

Amharc ar fhreagra

Freagraí scríofa

The criteria used for the allocation of teachers to primary schools is published annually on the website of the Department of Education and Skills. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing arrangements for the 2014/15 school year (Circular 0007/2014) were published on 24 January, 2014.The school referred to by the Deputy had sufficient pupil enrolment on 30th September 2013 to retain its mainstream staffing of Principal and 2 classroom teachers for the 2014/15 school year.

Departmental Staff Remuneration

Ceisteanna (194)

Charlie McConalogue

Ceist:

194. Deputy Charlie McConalogue asked the Minister for Education and Skills further to Parliamentary Question No. 59 of 8 May 2014, when his Department will communicate his decision to the person (details supplied) as they have not received any correspondence from his Department as of today; and if he will make a statement on the matter. [22155/14]

Amharc ar fhreagra

Freagraí scríofa

The employer of the person to whom the Deputy refers was informed by my Department's Payroll Division on 21 March 2014 that, as the requirement for continuous service outlined in circular letter 0034/2009 had not been satisfied, a Contract of Indefinite Duration could not be awarded in this case.

The school has confirmed that the teacher was informed verbally of the decision by the school principal as the teacher is not currently employed in this school. CID refusal letters issue directly to the school and not to the individual teacher. As outlined in my response to the PQ dated 8 May, the teacher was informed that she could appeal the decision on the awarding of the CID, however no appeal was received by the specified closing date.

Departmental Strategies

Ceisteanna (195)

Jonathan O'Brien

Ceist:

195. Deputy Jonathan O'Brien asked the Minister for Education and Skills the names of the strategy documents his Department is currently implementing. [22171/14]

Amharc ar fhreagra

Freagraí scríofa

My Department is currently implementing, or has a significant contribution to the implementation of, the following strategies:

- Department of Education and Skills Strategy Statement 2011 – 2014

- Further Education and Training Strategy 2014 - 2019

- Ireland's International Education Strategy 2010 -2015 Investing in Global Relationships

- National Strategy for Higher Education 2030

- Report and Recommendations for a Traveller Education Strategy

- Intercultural Education Strategy 2010 – 2015

- The National Strategy to improve Literacy and Numeracy among Children and Young People 2011 – 2020

- Grangegorman Development Agency Strategic Plan, 2011

- A Strategy for Growth – Medium-Term Economic Strategy 2014 – 2020

- 20 Year Strategy for the Irish Language 2010 - 2030

- Digital Strategy for Ireland - Phase I Digital Engagement

- National Disability Strategy Implementation Plan 2013 – 2015

- National Drugs Strategy (interim) 2009 – 2016

- National Substance Misuse Strategy

- National Women's Strategy 2007 – 2016

- Reach Out - Irish National Strategy for Action on Suicide Prevention 2005 – 2014

- Europe 2020 A Strategy for Smart, Sustainable and Inclusive Growth.

Summer Works Scheme Applications

Ceisteanna (196)

Robert Troy

Ceist:

196. Deputy Robert Troy asked the Minister for Education and Skills if a school (details supplied) in County Westmeath will be included on the summer works programme list. [22197/14]

Amharc ar fhreagra

Freagraí scríofa

I can confirm for the Deputy that the school in question submitted an application for grant aid under the 2014 Summer Works Scheme. However, the application was not successful. Since the announcement of the successful applicants, the school has submitted an appeal relating to its application. This will be considered and the school will be advised of the outcome of its appeal in due course.

School Staffing

Ceisteanna (197)

Mattie McGrath

Ceist:

197. Deputy Mattie McGrath asked the Minister for Education and Skills the number of small schools countrywide that are in a similar position to a school (details supplied) in County Tipperary which lost a teacher because it was one pupil short of the required number of 86 needed for next September; the financial benefit of this to the Exchequer; if there was a freeze on the pupil-teacher ratio for the 2014-2015 year, what it would cost the Exchequer; the maximum pupil-teacher ratio for small schools; and if he will make a statement on the matter. [22198/14]

Amharc ar fhreagra

Freagraí scríofa

There were five primary schools which had an enrolment of 85 pupils on 30 September 2013. Three of these schools submitted appeals to the Staffing Appeals Board to retain their existing level for the 2014/15 school year on the basis of a projected enrolment of at least 86 pupils in September 2014. Each of these appeals were provisionally upheld by the Appeals Board and the three schools will not, therefore, be losing a teaching post subject to confirmation of their actual enrolments in September 2014. In relation to the two remaining schools, one has submitted an appeal to the next meeting of the Appeals Board in June. If the other school is projecting an enrolment of at least 86 pupils for September 2014 then it may also submit an appeal to the Appeals Board.

The final phase of the budget measure is being implemented as part of the staffing arrangements for schools for the 2014/15 school year. The precise amount of savings that will arise from this phase of the budget measure will be known in the Autumn when the allocations process has fully completed and any appeals to the remaining meetings of the Staffing Appeals Board have been considered.

The staffing schedule operates on the basis of enrolment bands which specify the minimum and maximum number of pupils for the allocation of classroom teachers. The maximum number of pupils in the enrolment band for a 1-teacher school is 19 pupils, 55 pupils for a 2-teacher school and 85 pupils for a 3-teacher school. The staffing schedule sets out the lower thresholds which apply in the case of Deis Band 1 schools.

School Curriculum

Ceisteanna (198)

Dara Calleary

Ceist:

198. Deputy Dara Calleary asked the Minister for Education and Skills his plans to incorporate Chinese into the leaving certificate curriculum; the timeframe for same; and if he will make a statement on the matter. [22201/14]

Amharc ar fhreagra

Freagraí scríofa

There are no plans currently to incorporate Chinese into the Leaving Certificate curriculum. As part of junior cycle reform, schools will be able to include a short course in Chinese language and culture in their junior cycle programme. There is also currently a Transition Year module on Chinese, which was taken by 1,262 students in 2013. Students are currently able to take examinations in non-curricular EU languages.

The Department is currently preparing a consultation policy document on Languages in Education. This document will be issued for consultation later this year. Amongst the topics to be discussed through the consultation will be the possibility of offering examinations in non-curricular non-EU languages, such as Chinese.

Schools Building Projects Status

Ceisteanna (199)

Joe Carey

Ceist:

199. Deputy Joe Carey asked the Minister for Education and Skills the position regarding a school project (details supplied) in County Clare; and if he will make a statement on the matter. [22211/14]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to advise the Deputy that the school to which he refers was approved significant funding, on a devolved basis, on 14 of May last. The project includes some demolition works to facilitate an extension to provide additional accommodation for a one-classroom integrated Special Needs Unit. The project also provides for improved traffic management for the school in question.

I can also confirm that the school authorities have been advised that Limerick and Clare ETB will provide support and assistance to the school authorities on this project.

Teacher Redeployment

Ceisteanna (200)

Brendan Griffin

Ceist:

200. Deputy Brendan Griffin asked the Minister for Education and Skills the reason a person (details supplied) in County Kerry did not qualify for the supplementary panel for 2014-2015; if his Department will provide details of their shortcoming; and if he will make a statement on the matter. [22235/14]

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. 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. Arrangements for panel access for fixed-term (temporary), substitute and part-time teachers to the Supplementary Redeployment Panel for the 2014/15 school year are set out in Circular 0057/2013 which is available on the Department website. Applicants must meet all of the published criteria in order to gain access to the Supplementary Redeployment Panel.

The teacher referred to by the Deputy failed to meet the salary criterion and is therefore ineligible to be included on the Supplementary Redeployment Panel for the 2014/15 school year.

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