Written Answers Nos. 543-569
543. Deputy Brian Walsh asked the Minister for Education and Skills if she will consider an appeal on behalf of a person (details supplied) in County Galway regarding a school placement; and if she will make a statement on the matter. [45246/15]
Amharc ar fhreagraThe selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils' not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, 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.
Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that, as regards that policy, principles of equality and the right of parents to send their children to a school of the parents' choice are respected.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department or, - in the case of an Education and Training Board (ETB) school, - to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student, or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.
Application forms for taking a section 29 appeal are available on this Departments website at the following link: http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108588.
The Educational Welfare Service (EWS) of the Child and Family Agency (TUSLA) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child.
544. Deputy Mattie McGrath asked the Minister for Education and Skills further to Parliamentary Question No. 546 of 8 December 2015, the service providers who received payments from her Department in each of the years 2014 to date; and if she will make a statement on the matter. [45330/15]
Amharc ar fhreagraThe following were the service providers who received payments for the years 2014 and 2015:
In 2014, the payments were made to Arthur Cox Solicitors and Peter Ward S.C.
In 2015, payments have been made to Conor Feeney B.L. and Peter Ward S.C.
545. Deputy Willie Penrose asked the Minister for Education and Skills to confirm that applications for concessionary fares on a school transport route (details supplied) in County Westmeath have been made by parents of pupils, where previous transport was discontinued during the summer and where this alternative route and school transport thereon can accommodate the number of pupils involved, get them to their place of education and minimise traffic hazards in doing so at the said school; and if she will make a statement on the matter. [45339/15]
Amharc ar fhreagraBus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that there are a number of concessionary, fare paying, places still available on a service which operates to the school in question.
The families referred to by the Deputy should contact Bus Éireann in Athlone, phone 090 6473277, if they wish to avail of school transport on a concessionary basis.
551. Deputy Mary Lou McDonald asked the Minister for Education and Skills further to Parliamentary Question No. 252 of 18 September 2013 and with reference to a request to publish the Farrell Grant Sparks, FGS, report of 2009 that was published in redacted form on 16 April 2014, if she will clarify that Bus Éireann does not make a profit from the school transport scheme, considering that the FGS report mentions, on page 150, a discarded option full cost recovery with no profit allocation. [45355/15]
Amharc ar fhreagra552. Deputy Mary Lou McDonald asked the Minister for Education and Skills further to my Parliamentary Question No. 252 of 18 September 2013 and with reference to her statement regarding a signed confidentiality agreement, if she will provide the date Farrell Grant Sparks, FGS, commenced work on redactions, the date it completed its work on reaching an agreement with Bus Éireann and on making agreed redactions to the FGS report so that it could be published; the date that Bus Éireann first indicated that it was satisfied with the agreed redactions; the date of the FGS invoice for payment; the date and amount paid to FGS for agreeing the redactions; the date it was first decided to publish the FGS report; the date that her Department’s officials became aware that the freedom of information decision maker in the Department of Public Expenditure and Reform decided that it was going to provide access to the FGS report in redacted form; the date Bus Éireann first became aware that the FGS report was going to be published on 16 April 2014; if she will explain the circumstances surroundings its publication; and if she will make a statement on the matter. [45356/15]
Amharc ar fhreagraI propose to take Questions Nos. 551 and 552 together.
Bus Éireann has confirmed to my Department that they do not make a profit on school transport and my Department accepts this confirmation.
As the reply of 18 September 2013 indicated, in completing its work on this report, Farrell Grant Sparks (FGS) entered into a signed confidentiality agreement with Bus Éireann having regard to the fact that certain of the information made available to FGS by Bus Éireann was deemed to be commercially sensitive.
Farrell Grant Sparks commenced work on redactions in September 2010 and following, consultations with Bus Éireann, the redacted report was submitted in February 2011. The FGS invoice for payment was submitted in March 2011. The payment was made in May 2011 in the sum of €5627.71.
As the reply of 18 September 2013 also indicated, the publication of the report at that time was encompassed by an appeal to the Office of the Information Commissioner. When the decision of the Information Commissioner was given on 26 September 2013, given the existence of the confidentiality agreement and the passage of time, the Department and Bus Éireann undertook a further review of the report to agree publication on the Department's website of the report with minimal redactions focussed only on those elements deemed to be commercially sensitive.
The Department was notified on 27 March 2014 that an FOI had been received by the Department of Public Expenditure and Reform for the release of the October 2009 and 2011 versions of the FGS report. Bus Éireann was made aware on 15 April that the report with minimal redactions would be published the next day.
None of the recommendations of the report was implemented.
553. Deputy Clare Daly asked the Minister for Education and Skills if she is aware of the case of a person (details supplied) in County Sligo who has been residing here for almost two decades and who has attended secondary school here; that the Department of Justice and Equality granted this person permission to remain in Ireland and stamp 4; if she will confirm that the person is a prescribed student eligible for student support, in accordance with section 14 of the Student Support Act 2011; and if she will make a statement on the matter. [45362/15]
Amharc ar fhreagraUnder the terms of the student grant scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
The Deputy will appreciate that, in the absence of all of the relevant details that would be contained in an individual's application form and supporting documentation, it is not possible to say whether or not a particular student would qualify for a grant.
The eligibility of the individual to which the Deputy refers is a matter for SUSI (Student Universal Support Ireland) to determine; upon receipt of the relevant application form and supporting documentation.
If an individual applicant considers that she/he has been unjustly refused a student grant or that the rate of grant awarded is not the correct one, she/he may appeal in the first instance to SUSI.
Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board.
554. Deputy Tony McLoughlin asked the Minister for Education and Skills while understanding that in accordance with the provisions of the Residential Institutions Redress (Amendment) Act 2011 and that the board's power to accept late applications under sections 8(2) and 8(3) of the redress Act 2002 ceased at midnight on 16 September 2011, if she will consider allowing further late applications to be considered for hearing by the board in 2016; and if she will make a statement on the matter. [45363/15]
Amharc ar fhreagraThe Residential Institutions Redress Amendment Act, 2011 removed the Board's power to accept late applications received on or after the 17th September 2011. This legislation was enacted some 8 and a half years since the Board was established and 5 and half years after the initial closing date and I am satisfied that sufficient time has been given to potential applicants to apply to the Board. There are no plans to allow further late applications.
555. Deputy Michael Fitzmaurice asked the Minister for Education and Skills in respect of the rates of pay for casual and part-time teachers in secondary schools who are employed on an ad hoc basis depending on the immediate requirements of a specific school, if it is commonplace for such teachers to be employed as substitutes in more than one school in any academic year, whether it be a school run by an education and training board, a voluntary school, or otherwise, if there is a discrepancy in how casual part-time workers are remunerated depending on what school employs them for such work, given that her Department pays the full hourly rate of pay to qualified secondary school teachers for all substitution and supervision work and the education training boards only pay the full qualified rate to qualified teachers if the classes they cover are for subjects that they are registered for with the Teaching Council; and if she will make a statement on the matter. [45419/15]
Amharc ar fhreagra556. Deputy Michael Fitzmaurice asked the Minister for Education and Skills if education and training boards are entitled to change the terms of employment for casual part-time teachers and if part-time teachers have employment rights in this regard; and if she will make a statement on the matter. [45420/15]
Amharc ar fhreagraI propose to take Questions Nos. 555 and 556 together.
It is the policy of my Department that only qualified personnel should be employed by schools. Unqualified personnel should not be appointed except in exceptional circumstances and then only when all avenues for recruiting qualified personnel have been exhausted and only for quite limited time periods.
Circular 31 of 2011 issued by my Department to the Managerial Authorities of schools states that each employer shall ensure that each person proposed for appointment to a teaching post, for which salary grant is being sought, must be registered with the Teaching Council and have qualifications appropriate to the sector and suitable to the post for which he/she is to be employed.
Circular 8 of 2013 provides that the unqualified rate of pay shall apply to a registered teacher who is not appropriately qualified for the teaching position to which s/he is appointed on or after 1 February 2012.
557. Deputy Terence Flanagan asked the Minister for Education and Skills if he will ensure that a child (details supplied) in Dublin 13 is allocated a special needs assistant; and if she will make a statement on the matter. [45456/15]
Amharc ar fhreagraI wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support, which is set out in my Department's Circular 0030/2014.
All schools were asked to apply for SNA support for the 2015/16 school year by 18th March 2015. The NCSE has also continued to accept applications after this date in recognition that enrolments may not have been completed or where assessments were not completed. The NCSE has now published details of SNA allocations for schools for September 2015 on its website at www.ncse.ie.
SNAs are allocated to meet the assessed care needs of qualifying children in the school in the school. The management and deployment of the SNA support allocated to a school is then a matter for the school and should be organised by the school in a manner which appropriately meets the significant care needs of the children concerned. 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.
Schools may seek advice from their local National Educational Psychological Service (NEPS) psychologist, from their NCSE Special Educational Needs Organiser, or from the National Behavioural Support Services, as to how children with behavioural needs can best be supported in school.
Published guidelines which are available to schools include:
Supporting Students with Behavioural, Emotional, and Social difficulties, which is available on the Department's website www.education.ie; the National Educational Welfare Board (NEWB) guidelines for schools on Developing a Code of Behaviour and the National Educational Psychological Services document Behavioural Emotional and Social Difficulties - a Continuum of Support: Guidelines for Teachers.
Circular 11/95 and the Rules for National Schools provide that the minimum length of the normal full school day at primary level comprises of a period of not less than 5 hours and forty minutes.
The Deputy has not stated the class that the child is attending but Circular 11/95 and the Rules for National Schools also provide that pupils in infant classes may have a school day that is one hour shorter than the length of the normal school day.
It is a matter for the Board of Management of a particular school to decide whether this concession should be applied in the case of its school. If pupils in infant classes are being given a shorter day, their parents should be notified accordingly and invited to collect them at time of dismissal.
Where the implementation of the shorter day for pupils in infant classes may cause issues for some parents, my Department would encourage school authorities to engage with parents locally with a view to arriving at a mutually acceptable resolution.
My Department does not support the position of any school which may take a unilateral decision to shorten the school day for any pupil, irrespective of whether the pupil may have a special educational need or not. It is the position of my Department that all school children are entitled to participate fully in their school. If there are reasons why an earlier finishing time should be applied in the case of any child, any such arrangements should be agreed with the parents of the child in advance of their implementation.
Details of the manner in which a school or parent may appeal the level of SNA allocation which has been made to support a child in school, to the NCSE, is set out on the NCSE website.
All schools have the contact details of their local SENO, while Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available the NCSE website.
As this question relates to an allocation for an individual child, I will arrange to have the matter referred to the NCSE for their attention and direct reply to the Deputy.
558. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government if he will publish the minutes of the weekly meetings held in Government Buildings regarding Irish Water; and if he will make a statement on the matter. [44709/15]
Amharc ar fhreagraMy Department has held a number briefing and update meetings on water sector reform issues for senior officials and Ministerial advisors from relevant Government Departments, generally associated with key milestones in the water sector reform programme. These meetings, which are also attended by Irish Water, are usually held in Government Buildings.
Copies of these minutes have already been made available under the Freedom of Information Act, and I am happy to arrange for these copies to be provided to the Deputy as soon as possible.
559. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if he will provide compensation measures for businesses in County Donegal to assist with the financial impact of recent flood damage; and if he will make a statement on the matter. [44682/15]
Amharc ar fhreagraAs the Deputy will be aware the Government decided on 8 December to allocate €5m to provide emergency humanitarian support to small businesses that have been unable to secure flood insurance and have been flooded arising from the impact of Storm Desmond. The scheme is being overseen by the Department of Defence and is being administered by the Irish Red Cross. Details in relation to the scheme are available on the Red Cross website. The Deputy will appreciate as these payments are being funded through the Vote of the Department of Defence, my Department has no role in relation to this matter.
560. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if a landowner is permitted to leave excess water from land drains on public roads; and if he will make a statement on the matter. [44690/15]
Amharc ar fhreagraFlood relief works are a matter for the relevant local authority and, at national level, the Office of Public Works.
561. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if he will change the 2015 closing date for the water conservation grant so that those persons who missed the deadline will have a further opportunity to apply; and if he will make a statement on the matter. [44729/15]
Amharc ar fhreagraThe Water Services Act 2014 (Water Conservation Grant) Regulations 2015 govern the operation of the 2015 Water Conservation Grant scheme. The date for registration with Irish Water for the purposes of eligibility for payment of the grant in 2015 was set at 30 June 2015.
The deadline for submitting a completed application for the g rant in 2015 was 8 October 2015, which was further extended to 22 October 2015 under the Water Services Act 2014 (Water Conservation Grant) (Amendment) Regulations 2015. These criteria were widely communicated by my Department, on www.watergrant.ie and in the print and radio media. I have no proposals to amend the regulations to further extend the deadline.
I will be reviewing the operation of the 2015 scheme and on completion I will set down the administration arrangements for the 2016 Grant scheme in regulations under the Water Services Act 2014.
562. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding the proposed new street performing by-laws, if he will support the recommendations made by the Dublin City Buskers Association; and if he will make a statement on the matter. [44845/15]
Amharc ar fhreagraNational noise legislation does not directly address the problem of busking near residential areas. Although noise policy is a responsibility of my Department, the making of bye-laws under the Local Government Act 2001 is entirely a matter for local authorities. Enforcement of bye-laws is therefore a matter for local authorities or the Garda Síochána, as appropriate.
I understand that the street performers’ bye laws in Dublin are currently being examined by Dublin City Council and that all interested parties will have an opportunity to comment on proposed changes to the bye-laws during the public consultation phase.
563. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if a private rental tenant who has been in a tenancy for more than 12 months and who has not had a rent review since 2014 will be subject to a rent review in 2016, subject to the period between rent reviews being no less than 24 months. [44848/15]
Amharc ar fhreagraSection 20 of the Residential Tenancies Act 2004 provided that a review of rent may not take place more than once in any period of 12 months or in the first 12 months of the tenancy. The Residential Tenancies (Amendment) Act 2015, which was enacted on 4 December 2015, amends Section 20 to provide that rent reviews can only take place every 24 months rather than every 12 months. This amendment involves no change to the mechanism for determining rents but provides the tenant with a longer fixed period of predictable rent. This measure will have effect for a period of 4 years, after which the duration between reviews will revert to 12 months.
The new provision applies to both new tenancies and to tenancies that commenced prior to the coming into operation of this section. It takes effect from the date of the last review – so if a tenant had a rent review in July 2014, it is intended that the next rent review will not be until July 2016.
Section 26 of the 2015 Act extends the period of notice of a new rent that a landlord must give their tenant from 28 days to 90 days.
564. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why and by whom a tender process (details supplied) was declared null and void in December 2014. [44890/15]
Amharc ar fhreagra565. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why none of the applicants to a tender process (details supplied) were contacted; why it took a further six months for the results to be announced following the completion of the scoring that was ready for the Minister to sign off on by 10 December 2015m the same day he had a meeting in Leinster House with the most successful bidder; and why the tender was then suspended and deemed null and void. [44891/15]
Amharc ar fhreagra566. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why, in a tender process (details supplied), companies that use the same equipment scored differently on the same equipment; and why companies that scored higher points for declaring Garda clearance for their staff being in place on a different date from others were not asked to show proof of that clearance before contracts were awarded. [44892/15]
Amharc ar fhreagra567. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why, in a tender process (details supplied), such high scores were awarded to a company on the question of invoicing set out in ITT section 2.6.5 in regard to the awarding of that contract. [44893/15]
Amharc ar fhreagra568. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government why he and Pobal did not follow through on tender rules ITT section 6.7 and instead allowed a process whereby the company that met him went on to become the most successful bidder in a tender process (details supplied) given the part of these rules that clearly stated canvassing would disqualify. [44894/15]
Amharc ar fhreagra569. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will he initiate an order quashing a tender process (details supplied) given the absence of due diligence being carried out on it, as indicated by the information obtained under a freedom of information request and the compared scoring sheets of six of the tender applicants. [44895/15]
Amharc ar fhreagraI propose to take Questions Nos. 564 to 569, inclusive, together.
My Department is responsible for the Seniors Alert Scheme which encourages community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind.
The assessment of the tenders for the Seniors Alert Scheme, including the award of contracts, was managed separately by Pobal, an independent company, following a public advertisement on eTenders on 20 October 2014. This process was conducted in a robust manner consistent with EU and national Procurement Guidelines, and a panel of preferred suppliers was identified. The benefits of the new arrangements include the reduction o f the bureaucratic and administrative burden for local community groups, who no longer have to get three tenders every six months and, consequently, frees up these groups to spend more time on engaging with their elderly neighbours.
Following the meeting of the 10 of December 2014 between Minister Kelly and Deputy Ryan, a question arose as to whether this meeting impacted the procurement process or could render the process void. As a result, the tender process was paused by my Department pending clarification of a number of technical issues in this regard, and legal advice was sought on whether the process was impacted.
In clarifying the technical issues, the focus for my Department was on ensuring that the parameters set out in the Pobal tender competition were in compliance with national and EU procurement guidelines and directives. Having considered the matter fully and taken advice, the process was found to be robust and compliant and it was agreed that Pobal would proceed with the tender process and bring it to a conclusion.
As part of this review, it was confirmed that there had been no interference in the tender process or its outcome by any third party. As a result, the tender process was unaltered from the evaluation carried out independently by Pobal, and the original recommendations remained valid. Consequently, there was no need to contact the tender applicants. The pause in the process, however, required a rescheduling of technical development work for the programme schedule within Pobal which pushed back the planned rollout date to September 2015. However there was no significant impact or additional cost as a result of this pause in the schedule as my Department continued to administer the scheme in the interim to ensure continuity in service to support the elderly in their own homes.
As the criteria and scoring under the tender evaluation process were a matter for Pobal, I am not in a position to comment on such matters. However, I understand that the evaluation process was comprehensive and objective, centred around a designated set of procedures and disciplines. The results of the evaluation process were submitted to Pobal senior management, who ultimately decided the matter and signed off on the recommendations therein.
Having fully reviewed this matter, my Department is satisfied that the tender process managed by Pobal was conducted in a robust manner and adhered to EU and national procurement guidelines and directives. Pobal have confirmed that all decisions regarding the procurement process and its outcome were made independently by them in accordance with these guidelines. As a result, the issue of terminating the tender process does not arise.
