Wednesday, 9 Jul 2014

Written Answers Nos. 117-132

Departmental Expenditure

Ceisteanna (117, 119)

Mary Lou McDonald

Ceist:

117. Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide in a tabular form the expected carryover of current expenditure savings from 2014 into the next year. [30158/14]

Mary Lou McDonald

Ceist:

119. Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide in tabular form the expected unspent current expenditure from 2014 into the next year. [30205/14]

Freagraí scríofa

Minister for Education and Skills

I propose to take Questions Nos. 117 and 119 together.

Projected net current expenditure on my Department's Vote of €3,719 million to the end of June 2014 is running €7 million or 0.2% behind the profiled expenditure position of €3,726 million.

The full extent of the Department's end-2014 expenditure position will only become apparent in the final quarter of the year, after the schools have re-opened and the full impact of Budget 2014 decisions, as well as the number of teacher retirements, become known.

It is therefore, too early to accurately forecast what the final outturn position on my Department's Vote will be at this stage of the year. In the meantime, the situation is being monitored very closely.

Capital Expenditure Programme

Ceisteanna (118)

Mary Lou McDonald

Ceist:

118. Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide in tabular form the expected carryover of capital expenditure savings from 2014 into the next year. [30173/14]

Freagraí scríofa

Minister for Education and Skills

At this stage of the year it is not possible to forecast with any degree of accuracy the likely outturn of the 2014 capital expenditure programme. The target of expending the entire allocation remains.

Question No. 119 answered with Question No. 117.

School Management

Ceisteanna (120)

Seán Ó Fearghaíl

Ceist:

120. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills in view of the refusal of his Department to allow the retention of a teacher at a school (details supplied), the board of management and principal of the school must now assign large numbers of students, in multiple class groups, into very small classrooms, which fall below the criteria set out by his Department; if he and his Department will accept responsibility for any eventuality that may arise out of a failure to meet basic health and safety standards; if the principal and board of management of the school will, in such circumstances, be absolved of such responsibilities; and if he will make a statement on the matter. [30295/14]

Freagraí scríofa

Minister for Education and Skills

The school referred to by the Deputy submitted an application for consideration by the Appeals Board for the June meeting. The Appeals Board determined that the appeal did not satisfy all of the published criteria as set out in Circular 0007/2014. The Appeal Board operates independently of the Minister and the Department and its decision is final. Day to day running of a school is a matter for the Board of Management of each school. Schools are required to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on the school premises, during school time and/or on school activities.

The Health and Safety Authority (HSA) is the national statutory body with responsibility for ensuring that health and safety requirements are met by all employers, including schools. The Authority also provides information and advice to organisations to assist them in ensuring that their responsibilities in respect of health and safety in the workplace are met.

The Health and Safety Authority in conjunction with the Kilkenny Education Centre issued guidance to all primary schools in relation to managing safety, health and welfare. These guidelines were developed following consultation with relevant stakeholders. This guidance is published on the website of the Health and Safety Authority.

Teaching Council of Ireland

Ceisteanna (121)

Anthony Lawlor

Ceist:

121. Deputy Anthony Lawlor asked the Minister for Education and Skills with regard to regulation five of the Teaching Council (Registration) Regulations 2009, which states that applicants for registration for the further education sector must have attained a council approved further education teacher education qualification, the reason it came into force on the 1 April 2013; if he is aware that this change in the rules was very unfair for students who had almost completed their studies with the intention of teaching in the further education sector but are now unable to without first obtaining the necessary further qualifications; his views that it would have been fairer to introduce this change later in the year to coincide with the commencement of the new academic year in order that students were aware of the facts before they embarked on a specific course with a career path in mind; and if he will make a statement on the matter. [30296/14]

Freagraí scríofa

Minister for Education and Skills

The requirement that teachers seeking to register under Regulation Five of the Teaching Council [Registration] Regulations 2009 and teach in the further education sector is designed to achieve consistent standards in the qualifications required to be a registered teacher across the three education sectors – Primary, Post-Primary and Further Education. It followed an extensive consultation process on the aforementioned regulations. These were signed and published in November 2009.

While this advance notification in 2009 clearly signalled that the requirement would come into effect for those applying for registration after 1 April 2013, the Council has acknowledged that given the fact that suitable accredited programmes were slow to come on stream, it would be desirable to introduce a transition mechanism whereby teachers could register on a conditional basis, subject to the condition that they complete an accredited Further Education ITE programme within three years of initial registration.

The following Further Education ITE programmes have been accredited by the Council

- Professional Diploma in Education (Further Education), Open Learning Centre, NUIG - NFQ Level 8

- Graduate Diploma in Adult & Further Education, Mary Immaculate College, Limerick - NFQ Level 9

- Postgraduate Diploma in Arts in Learning and Teaching, National College of Ireland, Dublin - NFQ Level 9

- Bachelor of Arts (Hons) in Teaching in Further Education & Adult Education, Waterford Institute of Technology - NFQ Level 8

- Postgraduate Diploma in Teaching in Further Education, Waterford Institute of Technology - NFQ Level 9

- Higher Diploma in Further Education (HDFE), NUIM - NFQ Level 8

- Professional Diploma in Education (Further Education), Marino Institute of Education - NFQ Level 8

- BSc in Education and Training (Further, Adult and Continuing Education),Dublin City University - NFQ Level 8

- Professional Diploma in Education (Further Education), Mary Immaculate College - NFQ Level 8

- MA in Socially Engaged Art: (Further, Adult and Community Education, National College of Art and Design - NFQ Level 9

It is recommended that any person who has concerns in this matter engages directly with the Teaching Council for further guidance and information.

Student Grant Scheme Appeals

Ceisteanna (122)

Patrick O'Donovan

Ceist:

122. Deputy Patrick O'Donovan asked the Minister for Education and Skills if the decision made by Student Universal Support Ireland in respect of a person (details supplied) in County Waterford and the student grants appeal board will be revised; the options available to the person; and if he will make a statement on the matter. [30308/14]

Freagraí scríofa

Minister for Education and Skills

The appeal of the student referred to by the deputy was heard by the independent Appeals Board on the 17th June 2014. The Board upheld the decision of the awarding authority and the appeals officer as the Board felt that the student was given ample opportunity to submit all documentation requested but failed to do so within the given timeframe.

The student was advised of his options in the letter which issued by the Appeals Board following the appeal hearing, which are that he may appeal to the High Court on a point of law under Section 21(6) of the Student Support Act 2011. Under the Ombudsman Acts 1980 to 2012, the Ombudsman can examine a complaint from the student if he feels he has been unfairly treated in his dealings with SUSI or the Appeals Board.

School Transport Provision

Ceisteanna (123)

Seán Kyne

Ceist:

123. Deputy Seán Kyne asked the Minister for Education and Skills if school transport will be provided for a student (details supplied) in County Galway; and if he will make a statement on the matter. [30323/14]

Freagraí scríofa

Minister of State at the Department of Education and Skills

Under the terms of my Department's School Transport Scheme for Children with Special Educational Needs, children are eligible for transport where they are attending the nearest recognised school that is or can be resourced to meet their special educational needs.

The National Council for Special Education through its network of Special Education Needs Organisers (SENOs) acts in an advisory role to my Department on the suitability of placements for children with special educational needs.

The school this child proposes to attend in September is not the nearest school resourced to meet his educational needs and therefore he is not eligible for school transport to this school.

While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport is to the nearest school.

The terms of the School Transport Schemes are applied equitably on a national basis.

Student Grants Data

Ceisteanna (124)

Jonathan O'Brien

Ceist:

124. Deputy Jonathan O'Brien asked the Minister for Education and Skills further to Parliamentary Question No. 75 of 2 July 2014, if he will provide a breakdown of general categories of reasons the 1,484 students were initially awarded a Student Universal Support Ireland grant and then refused, such as not commencing an approved course, or not studying at an approved college, or through SUSI’s own error or any other categories used. [30330/14]

Freagraí scríofa

Minister for Education and Skills

The following table provides a breakdown by category of the reasons the 1,484 students referred to by the Deputy were initially awarded a grant by SUSI and subsequently refused. This data has been provided to my Department by SUSI.

Breakdown of Reasons for Refusal of 1484 2013-14 Grant Applications previously Awarded

Category of Reasons	No. of Students
Repeating same year of course	668
In receipt of Back to Education Allowance (BTEA)	145
Income over eligibility threshold limit	88
Attending course at same or lower level than previously attended	50
Nationality or residency requirements not met	49
Attending a course not approved	43
Late submission of requested supporting documents	5
Other (including following appeals, internal reviews and audits)	436
Total	1484

Student Grants Data

Ceisteanna (125)

Jonathan O'Brien

Ceist:

125. Deputy Jonathan O'Brien asked the Minister for Education and Skills further to Parliamentary Question No. 75 of 2 July 2014, of the 50 students who received a payment from Student Universal Support Ireland but were required to repay it, if he will provide a breakdown for each person of the amount of money initially awarded; the specific reason for rescinding the award; the amount of moneys repaid; if the person was required by SUSI to repay in lump sum or by instalment; and if they were allowed to proceed with studies while repaying SUSI or were prevented from doing so until they repaid the full sum to SUSI, in tabular form. [30331/14]

Freagraí scríofa

Minister for Education and Skills

The following table made available to my Department by SUSI, provides details in relation to the 50 students referred to by the Deputy who received a payment from SUSI.

SUSI has a flexible repayment policy whereby students are invited to propose a repayment plan in line with their ability to repay. The question of whether or not a student may proceed with their studies while repaying any grant overpayment does not fall within the remit of SUSI.

Breakdown of Reasons for Refusal of 2013-14 Grant Applications previously Awarded

Repeating same year of course	-	-
14 No.	Total Grant	Total Repaid
	€       336.11	€         -
	€    1,314.44	€         -
	€    3,027.78	€         -
	€    2,836.66	€         -
	€       135.00	€         -
	€       657.22	€657.22
	€    5,188.88	€         -
	€       657.22	€         -
	€    3,555.56	€293.20
	€    1,314.44	€         -
	€          67.22	€         -
	€       263.89	€         -
	€    1,008.33	€         -
	€    6,239.00	€         -
In receipt of Back to Education Allowance (BTEA)	-	-
13 No.	Total Grant	Total Repaid
	€       657.22	€         -
	€       135.00	€         -
	€       336.11	€         -
	€       135.00	€         -
	€       336.11	€         -
	€       135.00	€         -
	€    2,628.88	€         -
	€       135.00	€         -
	€    2,567.22	€         -
	€       135.00	€         -
	€       263.89	€         -
	€       263.89	€         -
	€       945.00	€  78.75
Income over eligiblity threshold limit	-	-
5 No.	Total Grant	Total Repaid
	€    2,500.00	€         -
	€    2,635.00	€135.00
	€    2,835.16	€         -
	€       841.65	€         -
	€          67.22	€         -
Attending course at same or lower level than previously attended	-	-
2 No.	Total Grant	Total Repaid
	€       263.89	€         -
	€    1,344.44	€         -
Nationlity or residency requirements not met	-	-
1 No.	Total Grant	Total Repaid
	€    2,688.88	€         -
Attending a course not approved	-	-
3 No.	Total Grant	Total Repaid
	€    2,763.89	€         -
	€    1,344.44	€100.00
	€    2,000.00	€         -
Other (including following appeals, internal reviews and audits)	-	-
12 No.	Total Grant	Total Repaid
	€    1,344.44	€         -
	€       657.22	€         -
	€    2,667.78	€         -
	€    1,700.00	€         -
	€       135.00	€         -
	€       657.22	€657.22
	€       135.00	€135.00
	€    4,180.55	€120.00
	€    2,683.34	€         -
	€    1,680.55	€         -
	€    2,499.60	€         -
	€                -	€         -

Row Labels	Count of Forename	-
Refused: BTEA	116	1
Refused: Course at Lower Level	3	2
Refused: Course at the Same Level	29	2
Refused: Course Not Approved	32	3
Refused: Income Over Limit	63	4
Refused: Late Docs	8	5
Refused: Nationality Clause	26	6
Refused: Other	117	8
Refused: Repeating Same Year of Course	33	7
Refused: Residency Requirement	1	6
RN Refused: BTEA	30	1
RN Refused: Course at Lower Level	2	2
RN Refused: Course at Same Level	16	2
RN Refused: Course Not Approved	11	3
RN Refused: Income Over Limit	25	4
RN Refused: Nationality Clause	23	6
RN Refused: Other	319	8
RN Refused: Repeating Same Year of Course	634	7
Grand Total	1488

Schools Refurbishment

Ceisteanna (126)

Éamon Ó Cuív

Ceist:

126. Deputy Éamon Ó Cuív asked the Minister for Education and Skills in view of the extreme needs of the pupils in a school (details supplied) in County Galway, if he will provide a refurbishment grant for a premises on the campus as requested by the school; the reasons this has not been provided to date; and if he will make a statement on the matter. [30343/14]

Freagraí scríofa

Minister for Education and Skills

As the Deputy will be aware, my Department has paid considerable monies to the Trustees of the school in question for the rental of the premises for a number of years to accommodate a primary school and more recently a post primary school. Considerable further refurbishment works including mechanical and electrical works were grant aided by my Department to accommodate the latter school which vacated the property earlier this year.

I understand that the premises is now vacant and that the school referred to by the Deputy wishes to occupy the premises pending the provision of a new school building. My Department is currently liaising with the school regarding this request.

With regard to the provision of a new school, I wish to advise the Deputy that it is my Department's intention to initiate the architectural planning process for this and the first step, involving a site visit, will be undertaken shortly.

Child Abuse

Ceisteanna (127)

Éamon Ó Cuív

Ceist:

127. Deputy Éamon Ó Cuív asked the Minister for Education and Skills if he will introduce a scheme of compensation for pupils abused in primary schools on foot of a judgment in the European Court of Human Rights (details supplied); and if he will make a statement on the matter. [30383/14]

Freagraí scríofa

Minister for Education and Skills

With the assistance of the Attorney General, I have sought further legal advice on the implications of the European Court of Human Rights judgement for outstanding school child abuse cases. The State Claims Agency has also been reviewing its day school abuse cases to identify those that come within the parameters of the judgement. I will be reporting back to Government on this matter and any decisions to be taken will be made in that context.

School Staffing Appeals Mechanism

Ceisteanna (128)

Seán Ó Fearghaíl

Ceist:

128. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills the number of small schools that have sought to avail of the appeal criteria in respect of small schools, for the retention of a teacher; and if he will make a statement on the matter. [30384/14]

Freagraí scríofa

Minister for Education and Skills

30 small schools were due to lose a classroom post in September 2014 as a result of the final phase of the Budget 2012 measure. 2 of these schools are closing, 1 is amalgamating and, following the appeals process, the number of schools losing is now reduced to 12 schools. Additionally, there are 48 small schools with a reduction in enrolments which means they are due to lose a teacher in September, 2014 as a result of the earlier phases of Budget 2012 measures. Following the appeals process this figure of 48 is reduced to 27 schools losing a post. The final position on the overall staffing will not be known until the Autumn when actual enrolments are confirmed.

Special Educational Needs Staffing

Ceisteanna (129)

Michael Healy-Rae

Ceist:

129. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding special needs assistants (details supplied) in County Kerry; and if he will make a statement on the matter. [30389/14]

Freagraí scríofa

Minister for Education and Skills

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating a quantum of Special Needs Assistant (SNA) support for each school annually taking into account the assessed care needs of children qualifying for SNA support. The NCSE operates within my Department's criteria in allocating such support. The criteria by which SNA support is allocated to pupils is set out in my Department's Circular 0030/2014.

The deployment of SNAs within schools is a matter for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

It is important to note that each school's allocation of SNA support can change from year to year and may be increased or decreased as students who qualify for SNA support enrol or leave a school. New students with care needs may, or may not, enrol to replace students who have left, for example, or SNA allocations may be decreased where a child's care needs have diminished over time.

Details of the mechanism for schools/ parents to appeal a decision in relation to the allocation of SNA support by the NCSE are available on the NCSE website at www.ncse.ie.

Public Sector Staff Data

Ceisteanna (130)

Joe Higgins

Ceist:

130. Deputy Joe Higgins asked the Minister for Education and Skills the number of public sector workers who are on temporary contracts or other non-permanent contracts of employment in his Department. [30399/14]

Freagraí scríofa

Minister for Education and Skills

The information relating to teachers that is available regarding the query from the Deputy is being obtained from my Department payroll databases and will be forwarded directly to him.

Appointments to State Boards

Ceisteanna (131)

Seán Fleming

Ceist:

131. Deputy Sean Fleming asked the Minister for Education and Skills if he is concerned by the number of appointments to State boards under his remit that do not go through the Public Appointments Commission; his plans to review the manner in which State boards are appointed to ensure that the most suitably qualified persons fill vacancies that arise; and if he will make a statement on the matter. [30802/14]

Freagraí scríofa

Minister for Education and Skills

In the case of my Department, in accordance with Government policy, expressions of interest are sought through the Public Appointments Service (PAS) from suitably qualified and experienced persons for consideration for appointment to boards of Bodies operating under the aegis of my Department.

Since March 2011, 27 appointments have been made from members of the public who applied through the PAS process.

It should be noted that Board appointments, while made by me as Minister, are not in all cases made at my sole discretion. Individuals may be nominated for appointment by various organisations as specified in the relevant statute of the body concerned.

The Deputy should further note that in making any direct Ministerial appointments, I am not necessarily confined to those who make such expressions of interest but will ensure that all of those appointed have the relevant skills and competencies for the positions.

For the Deputy's information the following table shows the number of appointments made to state boards since 2011, the number of positions that were advertised on PAS over which I as Minister can directly appoint and the number of appointments which were made from members of the public who applied through the PAS process.

Name of Board	Number of appointments made to state boards since 2011	Number of positions advertised over which the Minister can directly  appoint [Note 1]	Appointments made from members of the public who applied through the PAS process	Year appointments made
An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG)	2	0	0	2012
An Foras Áiseanna Saothair (FÁS)	3 [Note 2]	0	0	2011/2013
Grangegorman Development Agency (GDA)	15	7	3	2012
Higher Education Authority (HEA)	10	9	2	2012
Irish Research Council	14	0	0	2012
Léargas	12	9	0	2012/2013
National Centre for Guidance in Education (NCGE)	12	1	0	2013
National Council for Curriculum & Assessment (NCCA)	26 [Note 3]	3	2	2012 (25) and 2013 (1)
National Council for Special Education (NCSE)	14	13	2	2013
Quality and Qualifications Ireland (QQI)	10	8	3	2012
Skillnets Ltd	4	0	0	2011/2012
State Examinations Commission (SEC)	5	5	2	2012
Teaching Council	37	3	0	2012
An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS)	13	9	9	2013
Residential Institutions Statutory Fund (RISF)	10 [Note 4]	9	4 [Note 4]	2013
Residential Institution Redress Board (RIRB)	See [Note 5]
Residential Institution Review Committee (RIRC)	See [Note 5]
Education Finance Board (EFB)	See [Note 5]

Note 1: Appointments, while made by the Minister, are not in all cases made at his sole discretion. Individuals may be nominated for appointment by various organisations as specified in the relevant statute of the body concerned.

Note 2: Two interim appointments were made to the Board of Foras Áiseanna Saothair (FÁS) in January 2013 pending the dissolution of the body in October 2013. Accordingly, these vacancies were not published on PAS. Appointments to the Board of FÁS were made following consultation with the Minister for Social Protection and the Minister for Jobs, Enterprise and Innovation.

Note 3: The 25 member NCCA was appointed in 2012 with one resignee being replaced in November 2013.

Note 4: Following the resignation of an appointee, the consequential vacancy was filled by a person who had submitted an expression of interest to PAS. A further two appointees applied directly to the Department.

Note 5: The existing members of the Residential Institutions Redress Board (RIRB) and the Residential Institutions Review Committee (RIRC) were re-appointed in December 2011 for a period of two years and again in December 2013 for a further period of 5 months or until such time as the bodies have completed their work, whichever is the sooner. The Chairperson of the RIRB is paid an annual salary equivalent to the President of the Circuit Court (in February 2012) subject to pension abatement while the Chairperson of the RIRC is paid an annual salary equivalent to a Supreme Court Judge subject to pension abatement. Since October 2011 the Chairperson has taken a 50% voluntary reduction in salary. The other board members of both the RIRB and the RIRC are paid a per diem rate and pension abatement applies in the case of members receiving a pension from the State. The per diem rate from 1st January 2014 is €624.

The final membership of the Education Finance Board (EFB) were appointed in February 2012 for a one year term or until the Residential Institutions Statutory Fund (RISF) was established whichever was the earlier.

The RISF was established and the EFB dissolved in March 2013. The 9 member Board consisted of a Chairperson, four former residents of institutions and four ordinary members. The views of survivor groups and other interested parties were sought on appointments of former resident members of the Board. The members were not remunerated.

State Bodies

Ceisteanna (132)

Mary Lou McDonald

Ceist:

132. Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide in a tabular form a list of the annual salaries of all non-commercial State sponsored bodies' chief executive officers under his remit. [30890/14]

Freagraí scríofa

Minister for Education and Skills

The details requested in relation to the annual salary of all non-commercial State Sponsored bodies chief executive officers under the aegis of my Department are outlined on the table.

Agency	Remuneration[1]
An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta (COGG)	The remuneration of the CEO is calculated in accordance with the salary scale of Senior Inspector.
Commission to Inquire into Child Abuse (CICA)	The CEO/Secretary of the Commission is an Assistant Principal Officer Higher Scale) , i.e. a civil servant on secondment
Residential Institutions Statutory Fund Board	Equivalent to Principal Officer in the civil service.
SOLAS	Chief Executive Officer of SOLAS is paid a gross annual salary of €175,554.
Grangegorman Development Agency	The CEO is paid at the rate that relates to a Category 4 agency. (Principal Officer in the civil service).
Higher Education Authority (HEA)	The CEO grade is linked to that of Assistant Secretary in Civil Service
Irish Research Council	There is no CEO, as it comes under the auspices of the HEA.
Léargas - The Exchange Bureau	Salary scale of €92,730 - €114,366, which related to the Principal Officer (Higher Scale) in the civil service.
National Centre for Guidance in Education (NCGE)	Remuneration is equivalent to school principal salary scale, based upon an Adult Education Guidance Coordinator’s salary, qualifications allowances and a principal’s allowance to serve as Director.
National Council for Curriculum and Assessment (NCCA)	Equivalent to Deputy Chief Inspector salary scale.
National Council for Special Education (NCSE)	Equivalent to Assistant Secretary General in the civil service
Quality and Qualifications Ireland (QQI)	Total remuneration €133,888 of which €88,505 was pensionable[2]
Residential Institution Redress Board (RIRB)	The CEO/Secretary is a Principal Officer on secondment.
Residential Institution Review Committee (RIRC)	The CEO/Registrar is a retired Court Registrar who is paid one day per week, taking into account pension abatement.
Skillnets Ltd	€119,136. This represents a voluntary reduction of 10%
State Examinations Commission (SEC)	Equivalent to Assistant Secretary General in the civil service.
The Teaching Council	Equivalent to Principal Officer (Higher) in the civil service.

1. Salary scales can be downloaded from the Department of Finance website

2. Difference between the office-holder’s university salary and the CEO’s rate of remuneration.