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Tuesday, 27 Jan 2015

Written Answers Nos. 427 - 441

Schools Building Projects Status

Ceisteanna (427)

Noel Coonan

Ceist:

427. Deputy Noel Coonan asked the Minister for Education and Skills the position regarding a building project in respect of a school (details supplied) in County Tipperary; the timeframe for completion of works; and if she will make a statement on the matter. [3322/15]

Amharc ar fhreagra

Freagraí scríofa

The major building project for the school referred to by the Deputy, is currently at an advanced stage of Architectural Planning Stage 2b – Detailed Design which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of Tender Documents. All relevant statutory approvals have been obtained and the Stage 2b submission has been approved by my Department.

As the Deputy may be aware, on 18 December 2014 I announced details of 70 school projects which are scheduled to commence construction in 2015. The building project for the school in question was included in this announcement.

My Department has recently authorised the school to proceed to prequalify a list of contractors for this project. Following the completion of this process the school project will progress to tender and construction. Until the tender process is complete and a Contractor has been appointed it will not be possible to give a definitive timeframe for the completion of the construction works. However, the Board of Management as the client in this project will be kept fully informed of progress by their design team.

Teachers' Remuneration

Ceisteanna (428)

Seamus Kirk

Ceist:

428. Deputy Seamus Kirk asked the Minister for Education and Skills if her attention has been drawn to the anomaly which has arisen regarding allowances paid to primary teachers who achieved degree qualifications during the 2011-12 academic year, with apparently a condition that a teacher would have to have been teaching on 5 December 2011 to qualify for the increased allowance (details supplied); if the rule will be re-examined; and if she will make a statement on the matter. [3326/15]

Amharc ar fhreagra

Freagraí scríofa

In 2012 a public service-wide review of allowances was carried out by the Department of Public Expenditure and Reform. As a result of the review, qualification allowances were abolished with effect from 1st February 2012. Department of Education and Skills Circular 0008/2013 outlines the effect of this decision on teachers.

In Paragraph 12 of Circular 0008/2013 an exception is made in the case "where as at 5 December 2011, a teacher in employment on that date and eligible for receipt of a qualification allowance in respect of the post they held on that date, was actively undertaking a course of further study leading to an additional qualification, provided that the teacher does not cease to be a registered student on that course before its completion. Such individuals may apply to the Department/VEC (now ETB) as appropriate for a derogation from the general position within 3 months of the date of receipt of the award." Teachers who were not in employment in an Oireachtas funded post on 5 December 2011 and not eligible for receipt of a qualification allowance in respect of any teaching post on that date, do not qualify for payment of an allowance in respect of the qualification related to the course being undertaken at that time.

The issues raised by the Deputy have been brought to the Teachers' Conciliation Council (TCC) by representatives of the teachers concerned and it would therefore not be appropriate to comment further until the issues have been deliberated on by that forum. The TCC is part of the scheme of Conciliation and Arbitration Scheme for Teachers, the purpose of which is to provide a means of dealing with claims and proposals relating to the salaries and terms and conditions of teachers. The Council is composed of representatives of the teacher representative bodies, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Labour Relations Commission.

Apprenticeship Programmes

Ceisteanna (429)

Michael Fitzmaurice

Ceist:

429. Deputy Michael Fitzmaurice asked the Minister for Education and Skills if she will permit students to go directly into apprenticeships after their junior cycle exams where such students, though gifted in certain fields, may be uninterested in pursuing further academic studies at that point; if she will leave open the option of their returning to sit the leaving certificate should they later change their minds; and if she will make a statement on the matter. [3380/15]

Amharc ar fhreagra

Freagraí scríofa

The existing apprenticeship system is the recognised means by which people are trained to become craftspeople in Ireland. The standard based craft apprenticeship scheme was designed as a demand driven alternance programme in conjunction with all key stakeholders. The number of craft apprentices registered with SOLAS is determined by individual employers recruiting potential apprentices within a range of occupational sectors.

Currently, apprentices must be at least 16 years of age on entry to the existing apprenticeship trades. The entry requirements are set at a minimum of 5 Grade Ds at Junior Certificate or equivalent, or successful completion of an approved pre-apprenticeship course, or at least three years' work experience approved by SOLAS. In practice at least 70% of apprentices registered with SOLAS in 2014 had attained Leaving Certificate standard. Employers often consider criteria beyond the minimum entry requirements and in many apprenticeship programmes the standard of mathematics, science and or technology content has intensified in line with labour market expectations and demands. Furthermore, the majority of employers are less inclined to recruit apprentices at a relatively young age. For example, only 1% of apprentices registered with SOLAS in 2014 were 16 years of age, 78% of apprentices were 19 years of age and over and 58% were over 20 years of age.

The recent review of apprenticeship recommended that with respect to the current apprenticeship trades, "the minimum entry levels needed to successfully complete each programme should be reviewed, while ensuring appropriate pre-apprenticeship programmes are made available for those unable to meet the entry requirements." With regard to apprenticeships in new areas, which are expected to be developed following a call for proposals in this regard by the recently established Apprenticeship Council, the Review recommended that "Entry levels may need to be raised to cater adequately for occupations with a high mathematics, science or technology content. However, care should be taken to ensure that opportunities for those with lower skills to progress are not eroded unduly. Entry levels should be set on an occupation by occupation basis." These recommendations will be borne in mind when examining entry level requirements for apprenticeships into the future.

With regard to the option of returning to the Leaving Certificate, there are already a significant amount of opportunities for adults to return to education. Over the past few years a range of programmes has been developed to facilitate adults who want to return to education, including programmes leading to the Leaving Certificate examinations.

Industrial Disputes

Ceisteanna (430)

Michael Fitzmaurice

Ceist:

430. Deputy Michael Fitzmaurice asked the Minister for Education and Skills the actions being taken to resolve the junior cycle dispute with teachers; if a resolution is imminent; and if she will make a statement on the matter. [3381/15]

Amharc ar fhreagra

Freagraí scríofa

Reform of the Junior Cycle is important and is a policy priority. One education partner cannot be allowed to block this important reform. The voices of parents, students, school management and other partners are equally important in this debate. They support the fair and reasonable proposal I tabled in talks last November. Their mandate and opinion deserves equal recognition in relation to Junior Cycle reform.

The current dispute with the teacher unions will not be resolved on the picket line. It will be resolved through meaningful negotiation. Dr. Pauric Travers has contacted the teacher unions and myself to propose further talks this week. I welcome this initiative and my Department will engage in these talks in a constructive manner.

Schools Building Projects Status

Ceisteanna (431)

Olivia Mitchell

Ceist:

431. Deputy Olivia Mitchell asked the Minister for Education and Skills if she will provide an update on the progress of a school (details supplied) in Dublin 18 which is planned to progress to construction in 2015; and if she will make a statement on the matter. [3390/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, a building project for the school to which she refers is included for funding in my Department's Five Year Plan and is also contained in my Departments 2015 programme.

My Department is currently in the process of acquiring a suitable site for the school. A site has been identified and the acquisition process is in train. Due to commercial sensitivities attaching to site acquisitions generally, I am not in a position to give further details at this time.

Teachers' Remuneration

Ceisteanna (432)

Eric J. Byrne

Ceist:

432. Deputy Eric Byrne asked the Minister for Education and Skills her views on correspondence (details supplied) regarding the honours allowance; and if she will make a statement on the matter. [3391/15]

Amharc ar fhreagra

Freagraí scríofa

In 2012 a public service-wide review of allowances was carried out by the Department of Public Expenditure and Reform. As a result of the review, qualification allowances were abolished with effect from 1 February 2012. Department of Education and Skills Circular 0008/2013 outlines the effect of this decision on teachers.

In Paragraph 12 of Circular 0008/2013 an exception is made in the case "where as at 5 December 2011, a teacher in employment on that date and eligible for receipt of a qualification allowance in respect of the post they held on that date, was actively undertaking a course of further study leading to an additional qualification, provided that the teacher does not cease to be a registered student on that course before its completion. Such individuals may apply to the Department/VEC (now ETB) as appropriate for a derogation from the general position within 3 months of the date of receipt of the award." Teachers who were not in employment in an Oireachtas funded post on 5 December 2011 and not eligible for receipt of a qualification allowance in respect of any teaching post on that date, do not qualify for payment of an allowance in respect of the qualification related to the course being undertaken at that time.

The issues raised by the Deputy have been brought to the Teachers' Conciliation Council (TCC) by representatives of the teachers concerned and it would therefore not be appropriate to comment further until the issues have been deliberated on by that forum. The TCC is part of the scheme of Conciliation and Arbitration Scheme for Teachers, the purpose of which is to provide a means of dealing with claims and proposals relating to the salaries and terms and conditions of teachers. The Council is composed of representatives of the teacher representative bodies, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Labour Relations Commission.

Teachers' Remuneration

Ceisteanna (433)

Clare Daly

Ceist:

433. Deputy Clare Daly asked the Minister for Education and Skills if she will address the anomaly whereby her Department granted allowances to teachers who completed a further degree course during the school year 2011-2012; if they were working on 5 December, which has meant that those working that academic year working both before and-or after that date, but not on that date, have been denied the allowance even though they may have more experience and qualifications than those who were awarded it. [3406/15]

Amharc ar fhreagra

Freagraí scríofa

In 2012 a public service-wide review of allowances was carried out by the Department of Public Expenditure and Reform. As a result of the review, qualification allowances were abolished with effect from 1st February 2012. Department of Education and Skills Circular 0008/2013 outlines the effect of this decision on teachers.

In Paragraph 12 of Circular 0008/2013 an exception is made in the case "where as at 5 December 2011, a teacher in employment on that date and eligible for receipt of a qualification allowance in respect of the post they held on that date, was actively undertaking a course of further study leading to an additional qualification, provided that the teacher does not cease to be a registered student on that course before its completion. Such individuals may apply to the Department/VEC (now ETB) as appropriate for a derogation from the general position within 3 months of the date of receipt of the award." Teachers who were not in employment in an Oireachtas funded post on 5 December 2011 and not eligible for receipt of a qualification allowance in respect of any teaching post on that date, do not qualify for payment of an allowance in respect of the qualification related to the course being undertaken at that time.

The issues raised by the Deputy have been brought to the Teachers' Conciliation Council (TCC) by representatives of the teachers concerned and it would therefore not be appropriate to comment further until the issues have been deliberated on by that forum. The TCC is part of the scheme of Conciliation and Arbitration Scheme for Teachers, the purpose of which is to provide a means of dealing with claims and proposals relating to the salaries and terms and conditions of teachers. The Council is composed of representatives of the teacher representative bodies, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Labour Relations Commission.

Student Universal Support Ireland Administration

Ceisteanna (434)

Jonathan O'Brien

Ceist:

434. Deputy Jonathan O'Brien asked the Minister for Education and Skills the annual budget the Student Universal Support Ireland has for advertising and for communications each year since its establishment. [3408/15]

Amharc ar fhreagra

Freagraí scríofa

CDETB is allocated a budget on an annual basis in respect of SUSI Administration Costs which includes expenditure on activities for advertising and communications.

Details of actual expenditure by SUSI in respect of advertising and communications for 2012, 2013 and 2014 is attached for the Deputy’s convenience.

Details of SUSI's annual expenditure for Advertising and Communications

-

2012

2013

2014

Communications

€6,190

*€59,699

€16,125

Advertising

€71,566

€65,823

**€123,248

TOTAL

€77,756

€125,522

€139,373

*The higher communication costs for 2013 were a result of a staff vacancy in this area. This vacancy was filled through the insourcing of communications services. SUSI appointed a new Communications and Customer Services Manager in 2014.

**In 2014, SUSI conducted a comprehensive national and local advertising campaign to create awareness around their opening and closing dates.

Irish Language

Ceisteanna (435)

Ruth Coppinger

Ceist:

435. Deputy Ruth Coppinger asked the Minister for Education and Skills the position regarding the report Analysis of Bilingual Competence: Language Acquisition Among Young People in the Gaeltacht by an Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta; and if she will make a statement on the matter. [46869/14]

Amharc ar fhreagra

Freagraí scríofa

The recent research published by an Chomhairle um Oideachas Gaeltacht agus Gaelscolaíochta provides a clear insight into the salient issues relating to Irish as a minority language and the acquisition of Irish by young native speakers in Gaeltacht areas.

The Department will consider the recommendations of the research in tandem with the examination of other research, both national and international, and also practice in schools as part of its review of Gaeltacht education which is currently being carried out.

The Department will be cognisant of the implications of implementing the research recommendations for the personal and social development of young native speakers as well as the feasibility of the recommendations, given the current fiscal climate and the dispersed location of the small population of native Irish speakers living in our Gaeltacht areas.

Religious Discrimination

Ceisteanna (436)

Clare Daly

Ceist:

436. Deputy Clare Daly asked the Minister for Education and Skills her views on the fact that national schools of all patronages, when seeking State recognition and thereby State funding, legally committed themselves to be bona fide open to children of all religious denominations and that requiring a commitment to not discriminating on religious grounds on entry to all of these schools remains the first part of the ethos of all national State-funded schools. [3450/15]

Amharc ar fhreagra

Freagraí scríofa

As part of the patronage determination process for new schools, prospective patrons must commit to enrolling pupils from the area to be served by the new school.

In relation to enrolment policies, it is the responsibility of the managerial authorities of all schools, whether extant or newly established, to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or on the basis of some other criterion. The criteria to be applied by schools in such circumstances are a matter for the schools themselves.

This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.

Equality legislation, which also outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students.

Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a 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 either the relevant Educational Training Board or to the Secretary General of my Department.

It is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admission to Schools Bill is designed. Drafting of the Bill is currently at an advanced stage and the Bill is on the Government legislative programme for publication early in the Spring/Summer session.

The draft Bill does not propose changes to the existing equality legislation. However, the draft Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion. The draft Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

The Bill and its associated regulations should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.

Religious Discrimination

Ceisteanna (437, 438, 439, 440, 442, 443, 444, 447)

Clare Daly

Ceist:

437. Deputy Clare Daly asked the Minister for Education and Skills the reason religious discrimination has been permitted in admissions to State-funded national schools. [3451/15]

Amharc ar fhreagra

Clare Daly

Ceist:

438. Deputy Clare Daly asked the Minister for Education and Skills in view of Article 42 of the Constitution only allowing for parents to avail of exclusive religious schools where they are privately funded according to their means, the reason schools in receipt of State funding have been allowed to exclude children on religious grounds. [3452/15]

Amharc ar fhreagra

Clare Daly

Ceist:

439. Deputy Clare Daly asked the Minister for Education and Skills when she will fulfil her constitutional obligations and ensure that there is no religious discrimination in admissions policies in national schools (details supplied). [3453/15]

Amharc ar fhreagra

Clare Daly

Ceist:

440. Deputy Clare Daly asked the Minister for Education and Skills her views that the State made a constitutional commitment to admission of children of all religious denominations with equality to all schools in receipt of State funding or public moneys and did not make a constitutional commitment to support religious instruction in schools. [3454/15]

Amharc ar fhreagra

Clare Daly

Ceist:

442. Deputy Clare Daly asked the Minister for Education and Skills in view of the 1998 Education Act only allowing the patron a role in the manner of publication of admissions policies for schools, and that the board of management must create all schools' admissions policies, the action she will take to ensure that religious patrons stop acting outside the law by instructing boards of management under their patronage to introduce religious discrimination in their schools' admissions policy. [3456/15]

Amharc ar fhreagra

Clare Daly

Ceist:

443. Deputy Clare Daly asked the Minister for Education and Skills the action she will take to clarify for boards of management their independence, and legal obligation, to be free to remove all religious discrimination from their admissions policies. [3457/15]

Amharc ar fhreagra

Clare Daly

Ceist:

444. Deputy Clare Daly asked the Minister for Education and Skills her views on Section 7 of the Equal Status Act 2000 which bans religious discrimination on admissions to all schools, recognising that the exception in Section 7(3)(c) applies only to the totally privately-funded schools referred to in Article 42.1 of the Constitution, and does not apply to national schools or any school in receipt of State funding or public moneys as referred to in Article 44.2.4 of the Constitution; and if she will make a statement on the matter. [3458/15]

Amharc ar fhreagra

Clare Daly

Ceist:

447. Deputy Clare Daly asked the Minister for Education and Skills her views on Joint Committee on Education and Skills conclusions (details supplied); and if she will cease creating schools of different patronage that can then discriminate on religious grounds in their admissions policy. [3461/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 437 to 440, inclusive, 442 to 444, inclusive, and 447, together.

Section 15 of the Education Act, 1998 provides that a board of management shall manage the school on behalf of the patron and uphold, and be accountable to the patron for so upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school. The Board of Management shall publish the enrolment policy of the school and that policy must be non-discriminatory and applied fairly in respect of all applicants.

This Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. Where new schools are needed, the model of provision is decided by an open patronage determination process, which is overseen by the New Schools Establishment Group. The criteria for awarding patronage place a heavy emphasis on parental choice and diversity of provision. Prospective patrons must also commit to enrolling pupils from the area to be served by the new school. Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.

Existing equality legislation, which outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The Equality legislation provides that any primary or post primary school that has this objective may, where it has more applicants than places available, admit a student of a particular religious denomination in preference to other students.

The legislation also provides that a school whose objective is to provide education in an environment that promotes certain religious values can refuse to admit a student who is not of that religion only where the school proves that this refusal is essential to maintain the ethos of the school.

The Constitution provides that legislation providing State aid for schools shall not be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school. In this regard, Section 30 of the Education Act (1998), provides that no student can be required to attend instruction in any subject which is contrary to the conscience of the parent of the student. Therefore, parents have the right, if so desired, to ensure that their children do not receive religious instruction.

It is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admission to Schools Bill is designed. Drafting of the Bill is currently at an advanced stage and the Bill is on the Government legislative programme for publication early in the Spring/Summer session.

The draft Bill does not propose changes to the existing equality legislation. However, the draft Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion. The draft Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

The Bill and its associated regulations should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.

Religious Discrimination

Ceisteanna (441, 446)

Clare Daly

Ceist:

441. Deputy Clare Daly asked the Minister for Education and Skills in view of the constitutional review group 1996 (details supplied) indicating that religious instruction in national schools must be done separately to conform with the Constitution, and that this must be changed to allow for multiple religious denominations in all national schools, her views that separate religious instruction is immediately necessary to allow for children not of the patron's faith to attend their local national school; the steps she will take to ensure that this is in place for enrolments in 2015; and if she will make a statement on the matter. [3455/15]

Amharc ar fhreagra

Clare Daly

Ceist:

446. Deputy Clare Daly asked the Minister for Education and Skills when she will implement the recommendations of the forum on patronage and pluralism in the primary sector which recommended that all national schools should be catering for children of all religious denominations by being open with equality to children of all religious denominations, having separate religious instruction classes and removing the obligation to have any religious programme in a school. [3460/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 441 and 446 together.

The Forum on Patronage and Pluralism in the Primary Sector was established to look at how schools can cater for diversity and ensure an inclusive and respectful environment for all their pupils. The Report of the Advisory Group to the Forum made a series of recommendations dealing with the creation of more inclusive schools. The Report took account of the findings and conclusions of previous groups and committees, such as those of the Constitution Review Group of 1996.

Religious education is one of the seven curricular areas of the 1999 Primary School Curriculum. However, under Article 44 of the Constitution, all parents have the right to withdraw their child from religious instruction in school. Furthermore, under Section 30 of the Education Act 1998, a student cannot be required to attend instruction in any subject which is contrary to the conscience of the parent of the student or, in the case of a student who is 18 or more, the student him/herself. The Education (Admission to School) Bill, which is currently being drafted, will require schools to publish an enrolment policy which will clarify the school's arrangements for upholding the constitutional right of parents that their children not attend religious instruction.

With regard to denominational religious education, the Forum Report did not recommend that religious instruction be removed from the school day. However, the Advisory Group had concerns about the amount of time which can be devoted to sacramental preparation in some schools and they recommended that it should not be allowed to encroach on time allocated for the general curriculum. They also recommended on-going discussion with parents and clergy in this regard.

The Report also noted that there are currently no non-denominational primary schools, but that there is no objection to the establishment of such schools if sought by a sufficiently large number of parents. The Forum also concluded that the State has a responsibility to ensure that all children have the right to receive Education about Religions and Beliefs (ERB) and Ethics and recommended that an ERB and Ethics programme be developed. The National Council for Curriculum and Assessment (NCCA) is developing a curriculum for ERB and Ethics for all primary schools.

A follow-up paper to the Forum Report entitled Forum on Patronage and Pluralism in the Primary Sector: Progress to Date and Future Directions was published on 1 July 2014. The paper outlines good practice and options for promoting diversity in all schools and encourages school authorities to engage in consultation with stakeholders and to review their policies and practices on an ongoing basis to ensure that they remain suitable for the school population that they serve. It recognises that each school should arrive at solutions that suit its own particular context. It also notes that this is an evolving situation and that practices may evolve over time as circumstances change.

The paper was informed by a consultation with stakeholders and encourages school authorities to consider their policies and practices and to review whether they are taking the steps necessary to welcome all pupils and make them feel included.

Particular areas to be examined by schools relate to:

- The right to opt out of religion classes;

- Scheduling of Religion Classes and other Religious Activities;

- Options for Pupils in relation to Religious Ceremonies of the Ethos of the School;

- Celebration of Religious Festivals; and

- Display of Religious Artefacts.

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