Thursday, 18 Jun 2015

Written Answers Nos. 229-239

Health Insurance

Ceisteanna (229)

Jerry Buttimer

Ceist:

229. Deputy Jerry Buttimer asked the Minister for Health regarding persons returning from overseas or moving to Ireland for the first time who seek to take out private health insurance, if he will introduce measures to require health insurers to recognise health insurance cover held outside of Ireland by providers not registered here; where such policies have been held, if he will provide for an exemption from waiting periods for pre-existing conditions; and if he will make a statement on the matter. [24468/15]

Freagraí scríofa

Minister for Health

Periods of cover on health insurance plans held outside the State are not taken into account for the purposes of waiting periods, as such plans do not comply with health insurance legislation or the key principles of community rating, open enrolment, lifetime cover and minimum benefit on which the Irish private health insurance regulatory system is based. Therefore, I do not intend to introduce measures to require health insurers to recognise health insurance cover held outside of Ireland by providers not registered here.

Community rating, reflecting the principle of intergenerational solidarity, is a fundamental cornerstone of the Irish health insurance system. This means that people who are old or sick do not have to pay more than the young and healthy, whereas in other health insurance systems the level of risk than an individual presents directly affects the premium paid. Thus, different health insurance systems are not directly comparable or related, so periods of cover or time served are not interchangeable between them.

When an individual takes out health insurance for the first time in this country, whether already a resident or a person who previously lived abroad, they may have to serve waiting periods before they are fully covered, but accident and injury will be covered immediately. The application of waiting periods, including those for pre-existing conditions, helps to support community rating and is an important tool for insurers to combat practices where someone could potentially take out a health insurance policy to avail of a particular treatment and then cancel the policy once treatment had been received, without either penalty or sustained contribution to the community-rated system.

For this reason, I do not intend to introduce an exemption from waiting periods for pre-existing conditions, as to do so would only increase the likelihood of claims being made without any contribution to our community-rated system, which in turn would result in increased costs and ultimately higher premium prices for all.

Health Care Professionals

Ceisteanna (230)

Clare Daly

Ceist:

230. Deputy Clare Daly asked the Minister for Health the reason CORU – Health and Social Care Professionals does not have a specific part of its organisation to assist social workers and whistleblowers, similar to the system which operates with the Health and Care Professions Council in England, in view of the fact that the Health Service Executive and Túsla - Child and Family Agency are the two largest corporate organisations in the State, and the largest employers of social workers, charged with investigating abuse, given that social workers clearly need special protection when conflicts arise; and his plans to introduce such a system. [24469/15]

Freagraí scríofa

Minister for Health

The Health and Social Care Professionals Council and the registration boards being established under the Health and Social Care Professionals Act 2005 (also known collectively as CORU) are responsible for protecting the public by promoting high standards of professional conduct and professional education, training and competence amongst the 14 professions designated under the Act.

A Fitness to Practice regime, introduced on 31 December 2014 under Part 6 of the Act, provides for the investigation of complaints about the conduct or competence of registrants and, where such complaints are substantiated, the imposition of sanctions up to and including cancellation of registration.

The new process, similar to that applying to medical practitioners, nurses and midwives, applies to all registrants under the Act – including all social workers and those other health and social care professionals who have so far registered with registration boards for their designated professions during their 2 year transitional periods. Complaints may be made by any interested parties, including members of the public, colleagues, employers, a registration board, an Garda Síochána or another regulatory body. CORU goes to great lengths to ensure that the right to fair procedures of all participants being investigated under the process is protected.

CORU, through its Codes of Professional Conduct and Ethics, requires a registrant to report any wrongdoing that puts service users at risk.

Health and social care professionals who are registered with CORU can avail of protections afforded under the Protected Disclosures Act which came into effect on 15 July 2014. The Act is intended to provide a robust statutory framework within which workers can raise concerns regarding potential wrongdoing that has come to their attention in the workplace in the knowledge that they can avail of significant employment and other protections if they are penalised by their employer or suffer any detriment for doing so. Health and social care professionals are also protected by specific whistleblowing protection legislation such as the Health Act. In addition, most employers have whistleblowing policies in place.

Given the extensive legislative protections offered to whistleblowers under the Protected Disclosures Act and the Health Act, it is not considered that there is a requirement for CORU to undertake any additional role in this regard.

HSE Investigations

Ceisteanna (231)

Clare Daly

Ceist:

231. Deputy Clare Daly asked the Minister for Health if the examination of abuse of vulnerable adults in the south east region, which was being conducted by Resilience Ireland, has ceased; the cost of this investigation; if a senior counsel has now been commissioned to carry out this work; and if he will make a statement on the matter. [24470/15]

Freagraí scríofa

Minister of State at the Department of Health

The HSE has been involved in undertaking an inquiry into the standard of care provided by one foster family in the South East over an extended period. The HSE inquiry involved two distinct phases. The first phase, which commenced in 2010, examined the standard of care provided to one person (with an intellectual disability) who resided with the Foster family. That report was completed in March 2012.

A complex legal process followed the completion of the first phase of the investigation. Once this had been resolved, the second phase involved a full tracing and look-back exercise in relation to all clients (living and agreeable to the process) who had contact with the foster family concerned.

Flowing from that process in 2013 it was decided that all placements with the foster family should be reviewed and that, as an initial step, it was necessary to undertake a review of available statutory records. In December 2013, Resilience Ireland was appointed to undertake the work involved.

The HSE have been precluded from publishing the report of the inquiry into these matters and the report of the review undertaken by Resilience Ireland, pending completion of a criminal investigation by An Garda Síochána. The Minister for Health and I remain concerned to ensure that these matters are brought to a conclusion as quickly as possible. However, we are obliged to ensure that the Garda investigation is not in any way prejudiced.

Arising from questions raised and following careful consideration, it has been decided to appoint a Senior Counsel to outline and examine the procurement process in commissioning the two reviews and the approach taken in conducting the two exercises. Appointment of Counsel to conduct this matter is under consideration and appropriate terms of reference which take account of the ongoing Garda investigation are being developed in accordance with legal advice.

With regard to the cost of the investigation, as the Deputy's question relates to service matters, it has been referred to the Health Service Executive (HSE) for direct reply. If the Deputy has not received a reply from the HSE within 15 working days, she can contact my Private Office and they will follow up the matter with the HSE.

School Transport Eligibility

Ceisteanna (232)

Michael Healy-Rae

Ceist:

232. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding a remote area grant in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24347/15]

Freagraí scríofa

Minister of State at the Department of Education and Skills

Under the terms of my Department's Primary School Transport Scheme, a child who is eligible for school transport but for whom no transport service is available may, following an application for transport within the prescribed time limits, receive a Remote Area Grant towards the cost of private transport arrangements.

Bus Éireann, which operates the school transport scheme on behalf of the Department, has advised that the family, in question, was late in applying for school transport for the 2014/15 school year.

However, if there is no change in their circumstances the family will be eligible for the Remote Area Grant from the commencement of the 2015/16 school year.

More detailed information on the Remote Area Grant is available on the Department's website at www.education.ie.

Workplace Safety

Ceisteanna (233)

Jerry Buttimer

Ceist:

233. Deputy Jerry Buttimer asked the Minister for Education and Skills her views that in certain school settings, particularly those where students have behavioural difficulties, sometimes teachers and other staff sustain injuries arising from work place assaults; if she will amend the regulation of sick leave to take this into account, ensuring that teachers and other staff do not experience reduced income arising from such assaults; and if she will make a statement on the matter. [24227/15]

Freagraí scríofa

Minister for Education and Skills

The current sick leave scheme for teachers provides for sick leave to be granted to a teacher who is unable to perform his/her duties because of illness or injury. The terms of the sick leave scheme are contained in my Department's Circular 0059/2014 Sick Leave Scheme for Registered Teachers in Recognised Primary and Post-Primary Schools.

My Department's Circular Letters 40/97 and M18/99 outline the policy to be adopted in schools where incidents of assaults on teachers occur. This policy includes compliance with the Safety, Health and Welfare at Work Act as regards identifying hazards, assessing risks and putting in place appropriate safeguards and preventative measures. The Circulars also provide for an application for assault leave to be made to my Department. Where Assault Leave is granted, such leave is paid in full and does not form part of the teacher's sick leave record.

Schools Amalgamation

Ceisteanna (234)

Patrick O'Donovan

Ceist:

234. Deputy Patrick O'Donovan asked the Minister for Education and Skills when a decision will issue on an application for the amalgamation of two schools (details supplied) in County Tipperary; and if she will make a statement on the matter. [24248/15]

Freagraí scríofa

Minister for Education and Skills

The Patron and management authority of the school referred to by the Deputy recently submitted a proposal regarding a proposed amalgamation with another school in the area from 1 September 2015.

The Patron and relevant stakeholders were previously advised in advance of arriving at a final decision in the matter to consider the implications that any amalgamation proposal may have on school funding, school staffing and school transport so that an informed decision could be made.

My Department has approved the amalgamation in recent days and has issued a formal letter of approval to the school Patron and Boards of Management concerned. The Patron and Boards of Management concerned have been advised to place the formal letter of approval before the school community in order to keep them appraised of developments.

School Curriculum

Ceisteanna (235)

Seán Ó Fearghaíl

Ceist:

235. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills the guidance her Department provides to post-primary schools in terms of time-tabling for students pursuing mathematics courses at junior certificate level and leaving certificate level; if her Department envisages a minimum number of class periods that should apply in such cases; if her Departments inspectorate is active in ensuring a uniformity of delivery; and if she will make a statement on the matter. [24307/15]

Freagraí scríofa

Minister for Education and Skills

At post-primary level circular 25/12 emphasises that literacy and numeracy are cross-curricular skills which can be supported across the curriculum. It also provides that students should have access to a Mathematics lesson every day, particularly in Junior Cycle and that mathematics should be strengthened in Transition Year, where available.

New syllabuses are in place at both junior and senior cycles for Mathematics, often called "project mathematics". Since 2010, the Project Maths Development Team, www.projectmaths.ie, a support service funded by my Department provides a range of professional development supports including workshops, and resources for 6,000 post-primary teachers of mathematics across the country.

Since 2012, the Professional Diploma in Mathematics for Teaching, a blended learning, two year part-time programme Professional Diploma in Mathematics for Teaching has been made available nationwide and free of charge, to assist 'out-of-field' teachers to acquire skills for effective mathematics teaching and to register with the Teaching Council as teachers of mathematics at post-primary level. The programme, provided by a consortium led by the University of Limerick, is being made available again in September 2015. Some 800 teachers are involved in this initiative. The first cohort graduated in 2104.

As of now, there are a total of six Maths inspectors at post-primary level, with at least one in every region of the Inspectorate. This includes inspectors with a capacity to inspect the subject through Irish. Furthermore, all inspectors at post-primary level have received training, and continue to receive it, in the general area of numeracy so that whatever subject or type of inspection they are involved with, a consistent understanding of numeracy across the curriculum will have been achieved.

School Staff

Ceisteanna (236)

Michael Fitzmaurice

Ceist:

236. Deputy Michael Fitzmaurice asked the Minister for Education and Skills the reason a national school, having reached the threshold for an additional classroom teacher, must wait a full year before it receives its additional teacher; the reason such a school must then wait a further second year before it receives the 0.2 of a learning support post that accompanies the additional classroom teacher; and if she will make a statement on the matter. [24311/15]

Freagraí scríofa

Minister for Education and Skills

The criteria used for the allocation of teaching posts is published annually on the Department website. 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 schedule operates in a clear and transparent manner and treats all similar types of schools equally irrespective of location. It currently operates on the basis of a general average of 1 classroom teacher for every 28 pupils with lower thresholds for DEIS Band 1 schools.

The Staffing arrangements for primary schools includes the provision where schools experiencing rapid increases in enrolment can apply for additional classroom posts on developing grounds.

Reforms introduced in the 2012/13 school year created a single simplified allocation process for both learning and language support. At primary level, learning/language support hours are allocated on the basis of mainstream classroom teaching posts in the school. Schools have autonomy to deploy this resource between learning support and language support depending on the specific needs of the school.

The staffing arrangements also include an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeals Board. The Primary Staffing Appeals Board operates independently of the Minister and the Department and its decision is final. The staffing arrangements for the 2015/2016 school year are set out in Circular 0005/2015 which is available on the Department website.

My focus in Budget 2015 was on obtaining the additional funding that was necessary to provide for demographic growth. The last Budget included an increase in spending on education for the first time in recent years, amounting to additional funding of €60m during 2015.

This funding will be used to provide 1,700 additional teachers and SNAs for our schools, as well as to fund prioritised reforms, such as implementation of the literacy and numeracy strategy, reform of junior cycle, and the introduction of education focused pre-school inspections. The improvements in the Primary Staffing Schedule for small schools which I announced in February last are the only changes that I will be making to the staffing arrangements for schools for the 2015/16 school year.

The Government's approach to restoring the economy has helped Ireland to return to a position where we are seeing economic growth. It is a continuing improvement in our economic growth over a sustained period that will enable us to move to a point where we can look again at providing for additional teacher resources in schools which could bring about further improvement in PTR, class size and support for classroom teachers.

The challenge for all schools is to ensure that they utilise their allocated resources to best effect to maximise teaching and learning outcomes.

Special Educational Needs Service Provision

Ceisteanna (237)

Billy Kelleher

Ceist:

237. Deputy Billy Kelleher asked the Minister for Education and Skills the reason the State is failing to accommodate special needs children in pre-school year with a special needs assistant, resulting in special needs children not being able to avail of the free pre-school year; and if she will make a statement on the matter. [24331/15]

Freagraí scríofa

Minister for Education and Skills

The inclusion of children with additional needs at all levels of the education system is an integral element of government policy.

Government investment in early childhood care and education services is funded primarily through the Department of Children and Youth Affairs. The Early Childhood Care and Education programme, which is funded by that Department, includes a number of provisions that are intended to support the inclusion of children with special needs in the free pre-school year. These include an exemption from the upper age limit for qualification under the programme where a child is developmentally delayed and would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis.

'Better Outcomes, Brighter Futures', the Children and Young People's Policy Framework, contains a commitment to develop a plan for the inclusion of children with a disability in mainstream pre-school and early years settings.

The Department of Children and Youth Affairs has lead responsibility for the implementation of this commitment and over the summer months it will coordinate an intensive process of deliberation and appropriate consultation, in conjunction with my Department and the Department of Health, to develop a cross-departmentally supported proposal for an appropriate model for supports to pre-school children with special needs.

State Examinations

Ceisteanna (238)

Charlie McConalogue

Ceist:

238. Deputy Charlie McConalogue asked the Minister for Education and Skills her views on the difficulty of the leaving certificate ordinary level mathematics paper 1; if she has had any engagement with the State Examinations Commission with regard to the level of distress the paper caused for students taking the examination; if the commission will adjust the marking scheme to reflect the difficulty with the paper; and if she will make a statement on the matter. [24349/15]

Freagraí scríofa

Minister for Education and Skills

I am aware that concerns have been raised by students about the content of the ordinary level Leaving Certificate Mathematics paper 1. I have asked the State Examinations Commission to bring these concerns to the attention of the Chief Examiner for the examination. Commentary and correspondence on the examination from teachers, professional bodies and other interested parties is considered by the Chief Examiner in developing the draft marking scheme.

The State Examinations Commission has assured me that, as is normal practice, prior to finalising the marking scheme, it will initially apply the draft marking scheme to a random sample of scripts so as to test the effectiveness of the examination paper and the scheme in setting and maintaining standards year on year. The outcomes of the random sampling will be analysed and if the outcomes indicate that the paper and/or the marking scheme is too hard or too easy the marking scheme will be adjusted to take account of this. This will ensure consistency in the marking of the examination and fairness to all candidates. I can assure the Deputy that there is no intention to set an examination paper that is not suitable to the mathematics curriculum which ordinary level students have studied. The paper is devised specifically for the needs of ordinary level students and reflects the content in the ordinary level syllabus.

European Court of Human Rights Judgments

Ceisteanna (239)

Charlie McConalogue

Ceist:

239. Deputy Charlie McConalogue asked the Minister for Education and Skills when she will report to Dáil Éireann on the review by the State Claims Agency of cases brought on foot of a judgment (details supplied) in the European Court of Human Rights by persons who were sexually abused by their teachers; and if the State Claims Agency has provided its recommendations on settlement offers in the cases involving persons who have not progressed in their claims. [24354/15]

Freagraí scríofa

Minister for Education and Skills

The position in relation to those cases that were not progressed for a number of reasons, including those which might have been discontinued after receiving letters from the State Claims Agency is that I asked the Agency to undertake a review to clarify the exact position as to whether the cases had been formally discontinued or not. The Agency has completed its review and my Department sought some clarification from the Agency. I expect to be in a position to report to Government on this matter shortly at which time the Government will consider whether any measures will be taken in relation to these cases.