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Tuesday, 30 Jun 2015

Written Answers Nos. 139-160

Education Expenditure

Ceisteanna (139)

Mick Wallace

Ceist:

139. Deputy Mick Wallace asked the Minister for Education and Skills her plans to provide additional investment in education spending to provide a totally free primary education for all children which would cover all financial extras such as books, classroom resources and transportation, in line with the recent call by a charity (details supplied) for an investment of €103 million for this purpose; and if she will make a statement on the matter. [25803/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the research referred to by the Deputy.

The Government's focus in recent years has been on stabilising the country's finances so as to ensure that funding could continue to be provided for the provision of essential services such as health, education and social protection. This is the best way of protecting and improving services. A key priority for funding at primary level is catering for our rising demographics so that every child has a school place. I do recognise the need for further investment at primary level in particular to improve capitation funding to help schools with their day to day costs. In the last Budget, I was able to secure the first increase in education spending in recent years. I am determined to continue pressing the case for increased investment in education in the forthcoming budget.

Special Educational Needs Service Provision

Ceisteanna (140)

Bernard Durkan

Ceist:

140. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which she is satisfied with the availability of special needs classes throughout the primary and secondary level sectors; if special needs teachers and special needs assistants continue to be made available in sufficient numbers to meet ongoing and future needs; and if she will make a statement on the matter. [25763/15]

Amharc ar fhreagra

Freagraí scríofa

This year we have again increased the number of special classes which will open for 2015/16 school year with additional 149 special classes to open in September. This brings to over 1,000, the number of special classes in mainstream schools and represents a 17% increase over the 2014/15 number of special classes.

In addition, 11,330 SNA posts, an increase of 365 posts, or over 3%, are available to the NCSE to allocate to the end of the current year.

This is the highest level of Special Class provision and SNA support that we have ever had, and will ensure that children with special educational needs can continue to participate in education and be supported in a manner appropriate to their needs.

Data Protection

Ceisteanna (141)

Jonathan O'Brien

Ceist:

141. Deputy Jonathan O'Brien asked the Minister for Education and Skills if she is aware of an incident in a County Limerick school where it has emerged that hidden cameras were placed inside the school without the knowledge of staff, parents or pupils; and if the Data Protection Commissioner is investigating this matter. [25735/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the matter referred to by the Deputy.

It is not the policy of my Department to comment on individual cases.

The general position is that in relation to the use of CCTV/surveillance cameras, all schools are subject to the Data Protection Acts and must ensure that any use of such equipment is carried out in compliance with these Acts.

Concerns in relation to whether an organisation including a school, is meeting its data protection obligations can be raised with the Office of the Data Protection Commissioner. Complaints by parents in relation to the actions of an employee of the school should be addressed to the board of management of the school.

School Staff

Ceisteanna (142)

Paul Murphy

Ceist:

142. Deputy Paul Murphy asked the Minister for Education and Skills her views on the situation where teachers and other workers in the majority of primary and secondary schools could be disciplined owing to their religious views; and if she will make a statement on the matter. [25814/15]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government contains a commitment that "People of non-faith or minority religious backgrounds and publicly identified LGBT people should not be deterred from training or taking up employment as teachers in the state." A Private Members' Bill, the Employment Equality (Amendment) (No. 2) Bill 2013, was debated in Seanad Éireann in 2013. That Bill imposed a stricter test for discrimination on educational or medical institutions that are in receipt of public funding. The Government accepted the Bill in principle. The Bill is currently at Committee stage in the Seanad.

Prior to framing amendments to the Bill, the Irish Human Rights and Equality Commission designate was asked to undertake a public consultation and examine the issues involved in relation to amending Section 37 of the Employment Equality Acts 1998 - 2011. Its report was referred to the Attorney General's Office for further consideration.

Work is now progressing on draft amendments to this Bill which my colleague the Minister for Justice and Equality will bring forward shortly.

Third Level Facilities

Ceisteanna (143)

Jonathan O'Brien

Ceist:

143. Deputy Jonathan O'Brien asked the Minister for Education and Skills if she is aware two students with disabilities at Saint Angela’s College in County Sligo are unable to visit the canteen because of accessibility issues. [25736/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware that there are access issues for disabled students on the Saint Angela's campus. Saint Angela's is endeavouring to address these issues within the current limitations of the campus.

Schools Building Projects Administration

Ceisteanna (144)

Bernard Durkan

Ceist:

144. Deputy Bernard J. Durkan asked the Minister for Education and Skills her plans to meet to the maximum extent possible the full requirements as set out in the school building programme and as reflected in submissions from the various school authorities at primary and secondary level; the extent to which this will entail the replacement of existing prefabricated or temporary structures with permanent buildings; and if she will make a statement on the matter. [25764/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that over €2.2 billion in funding is being invested by my Department under its Five-Year School Capital Investment Plan (2012 – 2016). Over €1.5 billion of this is being allocated for the funding of major school building projects. The balance is being used for the additional accommodation scheme, the prefab replacement initiative, the Emergency Works Scheme and the acquisition of sites.

The primary focus of the Plan is on meeting demographic demands to ensure that every child will have access to a physical school place and that our school system is in a position to cope with increasing pupil numbers. The Plan contains details of the 275 major school projects that are planned to commence construction over the duration of the period of the Plan. In addition, arising from the Government's stimulus funding package, a further 44 school projects are also being progressed to construction.

My Department is committed to publishing an annual construction programme. The current status in relation to the projects contained in the annual programmes for the four years, 2012, 2013, 2014 and the current year 2015, is published on my Department's website which is updated regularly. To date, 88 projects contained in the Five Year Plan have been completed. Under my Department's Prefab Replacement Initiatives 2012 and 2013, approval was given to 217 schools (209 primary and 8 post-primary) nationwide, including Co. Kildare, to replace 614 prefab units with permanent accommodation. In excess of €57m has been allocated to these initiatives, of which €46.5m has been paid to date. Of the 217 projects approved, 168 projects have been completed and a further 14 projects are on site.

In addition to the prefab replacement initiatives and as part of my Department's large scale school building programme, prefab accommodation continues to be replaced with permanent structures on an ongoing basis.

The Department continues to review the most up to date demographic information to ensure that any emerging school accommodation shortfalls are identified and met in a timely manner. In this regard, the Department is currently carrying out a nationwide demographic exercise to determine where additional new schools and extensions will be required from 2017 onwards to meet additional demographic demand. On foot of this review, arrangements will be made to provide additional accommodation where this is required.

School Guidance Counsellors

Ceisteanna (145)

Mick Wallace

Ceist:

145. Deputy Mick Wallace asked the Minister for Education and Skills the number of secondary schools that have a full-time guidance counsellor; the number that do not have a full-time guidance counsellor; the percentage of these that are fee-paying and that are non-fee-paying; and if she will make a statement on the matter. [25804/15]

Amharc ar fhreagra

Freagraí scríofa

Up until September 2012, an ex-quota allocation was provided for guidance in addition to the standard teacher allocation to post primary schools. This resource was allocated in accordance with pupil enrolment. 42% of second-level schools at the time were allocated at least 22 hours per week in respect of guidance (22 hours being the equivalent of one teaching post) while the remainder of the schools were allocated between 8 and 17 hours of guidance per week.

Since September 2012 at post primary level guidance provision is now being organised by school management from within the staffing schedule allocation. Guidance is a whole school activity and schools have autonomy on how best to prioritise their available resources to meet the requirements in relation to guidance and the provision of an appropriate range of subjects to students. This operates at local school level and therefore the information requested by the Deputy on the current position is not available centrally within my Department. The Department helped shelter the impact for DEIS post-primary schools by improving their standard staffing allocations.

Diaspora Policy

Ceisteanna (146)

Dominic Hannigan

Ceist:

146. Deputy Dominic Hannigan asked the Taoiseach if he will provide details on the work of the interdepartmental committee on the Irish abroad; the number of meetings held to date; the work programme for 2015; and if he will make a statement on the matter. [25981/15]

Amharc ar fhreagra

Freagraí scríofa

Key elements of the Diaspora Strategy which was published in March of this year, include further welfare support for the diaspora; measures to deepen connections with the diaspora and facilitate further diaspora engagement as well as continued recognition of organisations and people who engage with the diaspora and also support for further research on diaspora policy.

Some recent actions include the convening of the first ever Global Irish Civic Forum, held in Dublin Castle recently, and the announcement of a Local Diaspora Engagement Fund for grants for community organisations in Ireland to connect with their diasporas.

An Interdepartmental Committee on Diaspora Policy, chaired by Minister for the Diaspora, Mr Jimmy Deenihan TD, was established to work on the delivery of the Diaspora Policy to ensure a cross-departmental approach, and examine issues affecting the Irish abroad and those seeking to return.

The committee has met once since the Strategy was published, on 11 March, 2015, and they are scheduled to meet again on 9 July. They will meet on a quarterly basis and will report periodically to Government on progress. The Committee will review the implementation of the diaspora policy after two years.

The following departments and agencies are represented on the committee: Department of Agriculture, Food and Marine; Department of Arts, Heritage and the Gaeltacht; Department of Children and Youth Affairs; Department of Communications, Energy and Natural Resources; Department of Defence; Department of Education and Skills; Department of Environment, Community and Local Government; Department of Finance; Department of Foreign Affairs and Trade; Department of Health; Department of Jobs, Enterprise and Innovation; Department of Justice and Equality; Department of Social Protection; Department of the Taoiseach; Department of Transport, Tourism and Sport; Office of Public Works; Office of the Revenue Commissioners; Bord Bia; Enterprise Ireland; IDA Ireland; Science Foundation Ireland; Tourism Ireland.

Departmental Equipment

Ceisteanna (147)

Seán Fleming

Ceist:

147. Deputy Sean Fleming asked the Taoiseach if his Department uses any system of software for the auto-deletion of e-mail messages; if so, his Department's guidelines on the use of such a system; and the length of time e-mails are stored before they are auto-deleted. [25308/15]

Amharc ar fhreagra

Freagraí scríofa

My Department does not use any system of software for the auto-deletion of email messages with the exception of some incoming emails that are blocked by our email filtering product.

All email messages received in my Department pass through filtering software and certain messages are automatically blocked e.g. emails classified as spam, emails with viruses and emails with potentially dangerous file attachments such as executables or multimedia files.

When an email is blocked due to a potentially dangerous file attachment the intended recipients are notified and can request that the email be released. These emails are deleted automatically after 17 days if not released by then. Spam messages are automatically deleted after 10 days and emails with viruses are automatically deleted after 30 days.

Low Pay Commission Report

Ceisteanna (148)

Peadar Tóibín

Ceist:

148. Deputy Peadar Tóibín asked the Taoiseach the annual cost of introducing a living wage or minimal-threshold gross salary of €11.45 an hour in his Department and the bodies under his aegis. [25441/15]

Amharc ar fhreagra

Freagraí scríofa

The Low Pay Commission was officially launched on 26 February 2015.  This independent body is advising the Government on the appropriate rate of the National Minimum Wage. It is expected to submit its first report to Government by the middle of July and the Commission will examine the rate of the minimum wage on an annual basis from now on. 

The establishment of this new body was a key commitment in the Statement of Priorities agreed last year by both the Tánaiste and myself. Any decisions by Government in relation to the rate that may impact on pay in the public service will be implemented accordingly. Pending the outcome of the considerations of the Commission, no speculative rates of increase in the minimum wage have been costed.

Dublin-Monaghan Bombings

Ceisteanna (149)

Brendan Smith

Ceist:

149. Deputy Brendan Smith asked the Taoiseach if he raised at his recent meeting with the British Prime Minister, Mr. David Cameron, the need for the British Government to respond positively and without further delay to the motions passed unanimously by Dáil Éireann in 2008 and 2011 requesting access for an eminent independent legal person to all papers and files pertaining to the Dublin and Monaghan bombings of 1974; and if he will make a statement on the matter. [25684/15]

Amharc ar fhreagra

Freagraí scríofa

With regard to the Dublin and Monaghan Bombings, the Government continues to press the British Government to respond positively to the reasonable demand of the All Party motions passed in Dáil Éireann in 2008 and 2011 that an independent international judicial figure be given access to all material held by the British Government on these terrible atrocities. I raised the issue again with the Prime Minister at our recent meeting in London on 18 June.

I know that the British Government is actively considering this matter and I hope that some progress can be made in the near future.

Seanad Reform

Ceisteanna (150)

Lucinda Creighton

Ceist:

150. Deputy Lucinda Creighton asked the Taoiseach if he has considered the report of the working group on Seanad reform 2015 which was published by his Department on 13 April 2015; the steps he will take to implement its findings and recommendations; if any legislation to reform Seanad Éireann is planned during the lifetime of the current Dáil Éireann; and if he will make a statement on the matter. [26091/15]

Amharc ar fhreagra

Freagraí scríofa

The Report of the Working Group on Seanad Reform was published on 13 April last. The associated draft Bill prepared for the Group, with an explanatory memorandum, was published on my Department's website on 14 May.

I issued a statement at the time of publication of the Report in which I welcomed the Report, describing it as innovative and radical, and containing some far-reaching recommendations about the way members are elected to the Seanad and on how the Seanad should perform its functions. I indicated that there needed to be a public and political discussion and consultation on the Report and said that I intended to meet opposition party leaders to discuss its contents. I hope that this meeting will take place shortly.

I also requested the Working Group to make a presentation to the Oireachtas Committee on Environment, Culture and the Gaeltacht, and to the Committee on Procedure and Privileges of the Seanad. On 5 May, statements on the Report were made in Seanad Éireann with the Chair of the Working Group and former Senator Joe O'Toole, a member of the Group, in attendance.

The Report itself recommends that the commencement date for the new arrangements be immediately following the next Seanad General Election.

Eurozone Issues

Ceisteanna (151)

Micheál Martin

Ceist:

151. Deputy Micheál Martin asked the Taoiseach if the Greek Prime Minister, Mr. Alexis Tsipras, has been in contact with him since 22 June 2015 on the Eurogroup's talks; and if he will make a statement on the matter. [26428/15]

Amharc ar fhreagra

Freagraí scríofa

Following the Euro Summit meeting on 22 June, I met with Prime Minister Tsipras again last week at the meeting of the European Council on 25 and 26 June. Although it was not formally on our agenda, the European Council addressed the situation in Greece in some detail. During that meeting, I joined with other Heads of State and Government in urging Prime Minister Tsipras to make every effort to conclude an agreement and to bring an end to the instability which is first and foremost hurting the Greek people. I reiterated these points in informal contacts with Prime Minister Tsipras in the margins of the European Council.

At the time of the European Council meeting, it was widely expected that enough common ground would be found between the proposals from the institutions and from the Greek authorities to ultimately bridge the gap and reach an agreement acceptable to all. The Eurogroup meeting scheduled for Saturday, 27 June stood ready to take forward negotiations among Finance Ministers. However, that morning, we learned, to our disappointment, that the Greek Government had unilaterally decided to withdraw from negotiations. The Greek people will now be asked to accept or reject the latest compromise proposals prepared by the institutions, in a referendum to take place on Sunday, 5 July.

In addition to our contacts last week, I received a letter from Prime Minister Tsipras on 28 June requesting that the Irish Government support a request for an extension of the Greek EFSF financial assistance arrangement for a period of one month beyond the current date of termination, which is today, 30 June. I understand that similar letters were received by my counterparts in all euro area Member States.

I have since responded to Prime Minister Tsipras pointing out that, while it had been hoped that agreement could have been achieved at the Eurogroup meeting on 27 June, the decision by the Greek government to break off the negotiations made this impossible.

I also underlined that Ireland, having ourselves experienced a very difficult economic period and worked our way through a programme of assistance, has great sympathy for Greece and its people. Furthermore, I reaffirmed that we will continue to support the objective of a sustainable and mutually beneficial agreement, acceptable to all concerned, which will return Greece to growth within the euro area.

Carer's Allowance Eligibility

Ceisteanna (152)

Pat Breen

Ceist:

152. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection the reason payment of a carer's allowance has ceased in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [25693/15]

Amharc ar fhreagra

Freagraí scríofa

In July 2013 the person concerned made an application for an increase in respect of a qualified child. As the person’s civil status had now changed from single to cohabiting, his entitlement to carer’s allowance was re-examined. The person concerned was notified on 22 October 2014 that payment was being stopped pending receipt of medical evidence to confirm that the person being cared for required full-time care and attention. Sufficient evidence has now been received that demonstrates the person’s ongoing eligibility on medical grounds.

The application is currently with a social welfare inspector for assessment of means and confirmation that all the conditions for receipt of carer’s allowance are satisfied. Pending the return of a completed report from the inspector, payment of carer’s allowance has now been re-instated from 2 July 2015.

EU Funding

Ceisteanna (153)

Michael McGrath

Ceist:

153. Deputy Michael McGrath asked the Tánaiste and Minister for Social Protection if her Department has taken over the Fund for European Aid to the Most Deprived which was previously operated by the Department of Agriculture, Food and the Marine in 2014 and prior years, whereby supplies of cheese, rice and butter were distributed to charities; and if she will make a statement on the matter. [25720/15]

Amharc ar fhreagra

Freagraí scríofa

The Fund for European Aid to the Most Deprived (FEAD) is worth €3.8 billion in real terms across all Member States for the budget period 2014-2020. Ireland’s share is roughly €22.8m and with an Exchequer contribution of €4m will provide some €26.8m overall in support for the period to the end of December 2023.

The Department is the designated managing authority and is responsible for the implementation of the programme. The European Commission approved the Irish Operational Programme in December 2014 and preparations are being finalised to allow for roll-out of the programme nationally. The Irish programme provides that the Department can make cash grants to designated organisations to enable the purchase and distribution of both food and non-food material aid to persons deemed to be the most deprived. A call for proposals from eligible organisations will open in the coming weeks. In addition to the European funded programme, the Department has provided support for the development of national food recovery, storage and distribution infrastructure which will support the delivery of the FEAD programme.

Invalidity Pension Appeals

Ceisteanna (154)

Dara Calleary

Ceist:

154. Deputy Dara Calleary asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Galway will have an appeal in respect of an invalidity pension processed; and if she will make a statement on the matter. [25724/15]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25 May 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Mortgage Interest Supplement Scheme Payments

Ceisteanna (155)

Seán Ó Fearghaíl

Ceist:

155. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Social Protection if mortgage interest supplement will be restored to its previous rate as a matter of urgency in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25728/15]

Amharc ar fhreagra

Freagraí scríofa

The client’s current Mortgage Interest Supplement rate is appropriate based on information received from the appropriate lending institution, which shows interest payments in 2015 have reduced substantially when compared with 2014.

Civil Registration Legislation

Ceisteanna (156)

Catherine Murphy

Ceist:

156. Deputy Catherine Murphy asked the Tánaiste and Minister for Social Protection the qualifications necessary to become a registered marriage solemniser; if the General Register Office maintains a list of recognised religious organisations as nominating bodies for this purpose; if the General Register Office has discretion to refuse a request; if so, on what grounds; if the General Register Office has any role in determining which religious groups may act as nominating bodies or have their members included in the list of registered solemnisers and which may not; if so, the criteria used to determine this; if she will provide a list of applicants whose applications have been refused since 2005, indicating the nominating body in each case; and if she will make a statement on the matter. [25739/15]

Amharc ar fhreagra

Freagraí scríofa

The current legislation governing the solemnisation of marriages in Ireland is Part 6 of the Civil Registration Act, 2004. Section 53 of this Act provides for a register (Register of Solemnisers) of persons empowered, by virtue of their registration in the Register, to solemnise marriages.

Section 54 of this Act provides for the application by bodies for registration of persons and in particular Section 54(1) states:

A body may apply to an tArd-Chláraitheoir:

(a) in case the body is the Health Service Executive, for the registration of a registrar named in the application who is employed by the Health Service Executive and is aged 18 years or more; and

(b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more;

(c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more.

Therefore, in accordance with the legislation, the person being nominated for registration must be either a Registrar employed by the Health Service Executive or be a member of a religious or secular body.

Persons registered on foot of applications at (a) above solemnise civil marriages and those at (b) and (c) solemnise religious and secular marriages, respectively. There is no other provision for persons to become registered in the Register of Solemnisers.

The Register of Solemnisers is published on the General Register Office website www.groireland.ie which includes the name of the nominating body and solemniser’s details.

Under Section 53 of the 2004 Act, an tArd-Chláraitheoir shall refuse to register a person if he or she considers that:

(a) the body concerned (not being the Health Service Executive) is not a religious body or a secular body;

(b) the form of marriage ceremony used by the body concerned does not include both of the declarations specified in section 51(4), or is inconsistent with either of them;

(c) the form of marriage ceremony used by the body concerned has not been approved by an tArd-Chláraitheoir; or

(d) the person is not a fit and proper person to solemnise a marriage.

To date there have been six decisions by an tArd-Chláraitheoir to refuse religious bodies to nominate a solemniser to the Register of Solemnisers. It is not the policy of his office to reveal information regarding individual decisions.

Disability Allowance Payments

Ceisteanna (157)

Robert Troy

Ceist:

157. Deputy Robert Troy asked the Tánaiste and Minister for Social Protection if she will expedite arrears of disability allowance to a person (details supplied) who has been awaiting same for over ten weeks. [25758/15]

Amharc ar fhreagra

Freagraí scríofa

Disability allowance arrears will issue to the person in question in the next few days.

Social Welfare Payments Administration

Ceisteanna (158)

Thomas P. Broughan

Ceist:

158. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection her plans to continue using the post office network to administer payments from her Department; the number of years this is guaranteed; and if she will make a statement on the matter. [25788/15]

Amharc ar fhreagra

Freagraí scríofa

In 2014 approximately 48.8% of the Department’s payments to customers were via cash payments services provided by An Post. It is anticipated that the proportion will be 47.5% in 2015 or around 37.5 million transactions.

There is a general societal trend towards electronic payments and new Department of social welfare customers with a choice of payment options are overwhelmingly choosing to be paid into bank accounts.

The Department is obliged under EU procurement rules to advertise its cash service contract. This was done in 2013 and a new cash services contract with An Post took effect on 1 Jan 2014 for a term of two years. The contract may be extended on the same terms and conditions for periods of up to 12 months each up to a maximum of 6 years including the initial two year term.

Carer's Allowance Eligibility

Ceisteanna (159)

Pearse Doherty

Ceist:

159. Deputy Pearse Doherty asked the Tánaiste and Minister for Social Protection when it is expected that an application for carer's allowance will be processed in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [25824/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the Department received an application for carer’s allowance (CA) from the person in question on the 28th April 2015. It is a condition for receipt of CA that the person providing the care cannot work outside the home for more than 15 hours per week. The application for CA in respect of the person concerned was disallowed by a deciding officer (DO) as s/he was satisfied on the basis of the evidence supplied that the person works outside the home for more than statutory hours limit. As this condition is specified in legislation, the DO has no powers of discretion in the matter.

The person concerned was notified on the 29th of May 2015 of this decision, the reason for it and of his right of review and appeal.

If the person in question has evidence that this decision was incorrect or if the circumstances of the person concerned have changed, it is open to him to reapply for CA and his eligibility will be reassessed.

Community Employment Schemes Operation

Ceisteanna (160)

Aengus Ó Snodaigh

Ceist:

160. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection if consideration will be given to retitle payments under the community employment scheme and the Tús work placement initiative as social welfare allowances and not as wages, thus saving these very low-paid workers on pay related social insurance payments; and the amount it would cost the Exchequer to do this, by year. [25825/15]

Amharc ar fhreagra

Freagraí scríofa

When Community Employment (CE) was originally set up in 1994, the rationale for having local sponsor groups employ the CE participants was to give these community groups valuable experience of establishing themselves as an employer, paying wages, making Revenue returns, etc., so that this experience could be re-used in the future for setting up other local initiatives and possibly local enterprises. Another advantage of having the participants employed by their Sponsoring organisation is that they are protected by all applicable employment legislation (e.g. legal entitlement to annual leave, maternity leave, parental leave, etc.). The PRSI contributions paid as part of employment under CE goes towards future contribution-based social welfare claims (e.g. jobseekers benefit, illness benefit) and State Pension entitlements.

The Department has examined the implications (legal, administrative and operational) of changing CE participants’ status to that of welfare recipients after CE was moved under the direct control of the Department in 2012. If CE participants were paid directly by the Department as welfare recipients, they would no longer be covered by any employment legislation (as they would not legally be “employees”). They would no longer have access to the State’s industrial relations mechanisms where disputes arise (Rights Commissioners, Labour Court, Employment Appeals Tribunal) and trade unions could no longer represent CE participants’ interests as employees.

In terms of cost savings to the Department of the CE scheme, changing the participants’ status would have little effect, as the participant gross pay rates would remain the same regardless, as each scheme manages the payroll for participants. In terms of the participants, only those who currently pay Class A9 PRSI (4% on all income) that have weekly earnings in excess of €352 per week would see a slight increase in their net pay (as no PRSI would be deducted). The downside of that is that they would not have the benefit of any paid contributions for their future social welfare entitlements and State Pension.

However, it is an issue I am aware of and I have asked my Department to examine possible solutions to ensure it does not act as a barrier to activation.

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