Written Answers Nos. 61-80
61. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if there is provision for independent oversight of members appointed to the Legal Services Regulatory Authority in the carrying out of their functions; and the details of the oversight mechanism, if it exists. [32503/16]
Amharc ar fhreagraThe Legal Services Regulatory Authority which has eleven members, including a lay majority and a lay Chairperson, is publicly accountable as a body corporate for the performance of those functions which it is required to carry out under the Legal Services Regulation Act 2015.
Under section 21 of the Act the Authority is publicly accountable in terms of its making an annual report to the Minister and to the Oireachtas Joint Committee on Justice and Equality which is also laid before each House of the Oireachtas. Under section 20 it must prepare three-yearly strategic plans while under section 28 it must submit annual estimates of income and expenditure. The Authority must also submit annual accounts for audit and scrutiny by the Comptroller and Auditor General and those accounts, along with the Report of the Comptroller and Auditor General, must be laid before each House of the Oireachtas. The Legal Services Regulatory Authority will also be held accountable under the specific responsibilities which are conferred in this area by the 2015 Act on its Chief Executive. These arise under the respective provisions of sections 28, 29 and 30 to which I would refer the Deputy. In addition to keeping all proper and usual accounts of moneys received and spent by the Authority, the Chief Executive shall, when requested, attend before the Oireachtas Joint Committee on Justice and Equality to give account for the general administration of the Authority. The Chief Executive will also give evidence, whenever required in writing, to the Public Accounts Committee on the regularity and propriety of transactions, the economy and sufficiency of the use of resources, the systems, procedures and practices employed for evaluating the effectiveness of operations or any other matter relating to these that may be raised in a report of the Comptroller and Auditor General.
I would also point out that section 11 of the 2015 Act sets out the circumstances in which a member of the Legal Services Regulatory Authority may be disqualified from office. Section 12 sets out a number of circumstances in which the Government may decide to remove a member of the Legal Services Regulatory Authority from office by reference to ill health, stated misbehaviour, conflict of interest or being otherwise unfit to hold the office or unable to discharge its functions.
The Legal Services Regulation Act of 2015, therefore, contains an array of oversight and accountability measures of application to public bodies. These apply to the work of the Legal Services Regulatory Authority as an independent statutory regulator including in terms of the functions of its members and of its chief executive. I might add that the Authority will also be subject to the extensive code of practice, under a range of different governance headings, for the Governance of State bodies which has most recently been updated in August of this year.
62. Deputy Michael Healy-Rae asked the Minister for Finance his views on a matter (details supplied) regarding changes in carbon tax; and if he will make a statement on the matter. [32349/16]
Amharc ar fhreagraIn Budget 2017, I announced the exemption from carbon tax for fuel used to create high efficiency electricity in combined heat an power plants. The dual process of using energy to create usable heat and power is regarded as a highly efficient energy process and makes use of the heat produced in the electricity generation instead of releasing it into the atmosphere. The rationale for providing a full relief from carbon tax for the fuel inputs is to incentivise the use and development of this highly efficient technology, thereby contributing to reducing Ireland's emissions particularly in the context of our binding 2020 emission targets in both the heat and energy sectors. This measure is also designed to facilitate the use of biomass CHP as a renewable power source, further building on the Renewable Energy Feed-in Tariff which has been in place since 2012. The relief will be based on certification by the Commission for Energy Regulation that the fuel used has been to generate high-efficiency electricity.
I also announced in Budget 2017 the commencement of the carbon tax relief for biomass content of solid fuel which was legislated for in Finance (No. 2) Act 2013. The measure is designed to incentivise alternatives to fossil fuel and stimulate the market for low carbon fuel. The introduction of two thresholds provides an incentive to develop blended solid fuels with a higher biomass content. To further the environmental rationale, this relief is available only for low smoke solid fuels.
63. Deputy Pearse Doherty asked the Minister for Finance the number of persons who have availed of the foreign earnings deductions each year; the total cost each year; the numbers availing of it by relevant state; and if he will make a statement on the matter. [32374/16]
Amharc ar fhreagraThe Foreign Earnings Deduction (FED) provides for a deduction from income for income tax purposes of up to a maximum of €35,000 for employees who travel to qualifying countries as part of the duties of their employment. The deduction is proportional in that it is calculated based on the number of days spent abroad, the salary of the employee and the length of the employment. The relief is provided by way of refund after the end of the tax year in which time was spent in the qualifying countries.
I am informed by the Revenue Commissioners that the following table sets out details by qualifying country, regarding the number of persons that have availed of the FED, and the total estimated cost to the Exchequer for the years 2012, 2013 and 2014 (the latest year for which data are available).
|
Year |
2012 |
2013 |
2014 |
|||
|
Country |
Cost - € |
Claims |
Cost - € |
Claims |
Cost - € |
Claims |
|
Brazil |
n/a |
n/a |
89,090 |
12 |
90,541 |
10 |
|
China |
232,678 |
35 |
242,268 |
35 |
216,927 |
31 |
|
India |
90,140 |
14 |
113,293 |
13 |
n/a |
n/a |
|
Russia |
139,386 |
16 |
n/a |
n/a |
7,5032 |
12 |
|
South Africa |
187,649 |
22 |
173,632 |
23 |
266,647 |
34 |
|
Other Countries* |
53,855 |
8 |
244,844 |
31 |
271,273 |
38 |
|
Multiple Countries** |
97,532 |
13 |
162,236 |
21 |
161,838 |
19 |
|
TOTAL |
801,240 |
108 |
1,025,363 |
135 |
1,082,258 |
144 |
* "Other Countries" includes Algeria, Egypt, Ghana, Kenya, Nigeria, Senegal, Tanzania, Hong Kong and Saudi Arabia.
**Represents those that have claimed the relief from more than one qualifying country within the same tax year.
Due to their obligations in respect of taxpayer confidentiality, Revenue advise that they are not in a position to provide the breakdown for small numbers of taxpayers in respect of certain years or certain countries. These are indicated by "n/a" in the above table and included in the aggregated "Other Countries" category.
64. Deputy Michael McGrath asked the Minister for Finance the Revenue Commissioners' view of the VAT classification of the provision of gymnastics lessons; and if he will make a statement on the matter. [32434/16]
Amharc ar fhreagraThe VAT rating of goods and services is subject to EU VAT law, primarily Council Directive 2006/112/EC, with which Irish VAT law must comply. The Directive generally provides that supplies of goods and services be chargeable to VAT at the standard rate but that lower rates are permitted in very limited circumstances. The Directive provides that reduced rates may apply to supplies of goods and services set out in Annex III to the Directive. The provision of gymnastic lessons is not specified in the Annex therefore the provision of gymnastic lessons that are purely recreational in nature are liable to VAT at the standard rate, currently 23%.
However, the provision of education is VAT exempt and gymnastic lessons for children or young people that follow school curriculum may benefit from this exemption. Gymnastic lessons that are provided in the manner of vocational training or retraining that may lead to a recognised qualification as a gymnastics instructor may also benefit from this exemption.
65. Deputy Ruth Coppinger asked the Minister for Education and Skills the number of second level students in the direct provision system. [32432/16]
Amharc ar fhreagraAll children who are non-Irish nationals and resident in Ireland, including children of asylum seekers, refugees, migrant workers and unaccompanied minors can access pre-school, first and second level education in a manner similar to Irish nationals, until they have reached the age of 18 years.
The Education system does not track whether a child enrolling in a school is in direct provision and does not, therefore, have statistics on the number of second level students who are in direct provision.
66. Deputy Ruth Coppinger asked the Minister for Education and Skills the number of persons in the direct provision system who have completed second level education here. [32433/16]
Amharc ar fhreagraAll children who are non-Irish nationals and resident in Ireland, including children of asylum seekers, refugees, migrant workers and unaccompanied minors can access pre-school, first and second level education in a manner similar to Irish nationals, until they have reached the age of 18 years.
The Education system does not track whether a child enrolling in a school is in direct provision and does not, therefore, have statistics on the number who have completed their second level education here.
67. Deputy Willie O'Dea asked the Minister for Education and Skills the action his Department will take to deal with the serious issues raised in relation to corporate governance and HR at the University of Limerick (details supplied); and if he will make a statement on the matter. [32373/16]
Amharc ar fhreagra69. Deputy Willie O'Dea asked the Minister for Education and Skills when a detailed response from UL to the Mazars report is expected; when questions (details supplied) will be answered; and if he will make a statement on the matter. [32376/16]
Amharc ar fhreagra70. Deputy Willie O'Dea asked the Minister for Education and Skills his views on whether it is reasonable that after 16 months and having been vindicated by the Mazars review, two staff members are still suspended; his views on this; and if he will make a statement on the matter. [32377/16]
Amharc ar fhreagra71. Deputy Willie O'Dea asked the Minister for Education and Skills his views on whether the events outlined in the Mazars report indicate proper governance and accountability at the public institution in question; and if he will make a statement on the matter. [32378/16]
Amharc ar fhreagraI propose to take Questions Nos. 67 and 69 to 71, inclusive, together.
Following publication of the Mazars review of the process employed by the University of Limerick (UL) to inquire into allegations made by a number of individuals, the Higher Education Authority (HEA) met with the University to request a full response and an action plan to address the recommendations in the review.
The response from UL was received by the HEA in March 2016 and set out a range of actions to be progressed in response to the recommendations. I have been informed by the HEA that most of the recommendations have been implemented and that they are working closely with the University to ensure that any remaining actions are progressed.
Since the conclusion of the Mazars review the HEA appointed a facilitator to explore the options and see if a basis could be found for a resolution to the dispute.
The HEA has recently submitted a copy of the facilitator's Report to the Department of Education and Skills and it is currently being considered. The issues in this case are complex and careful consideration will need to be given to the options available to reach a resolution.
My Department is continuing to work with the HEA in an effort to seek a resolution of the issues as speedily and appropriately as possible.
68. Deputy Mary Lou McDonald asked the Minister for Education and Skills the services available for adults with dyslexia in Dublin 1, 3 and 7. [32375/16]
Amharc ar fhreagraPrimary responsibility for the delivery of adult literacy services, including persons with dyslexia, is with City of Dublin Education and Training Board (CDETB).
I have asked CDETB to respond to the Deputy directly.
72. Deputy Brendan Griffin asked the Minister for Education and Skills if there is any tax relief or any other support available to working couples who are marginally over the income limit to qualify for student grants and who are struggling with college fees, accommodation and so on; and if he will make a statement on the matter. [32381/16]
Amharc ar fhreagraTax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education, including approved postgraduate courses in EU Member States and in non-EU countries. Further information on this tax relief is available from the Revenue Commissioners at www.revenue.ie.
In addition, students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Details of this fund and where applicable, any other college specific benevolent fund, are available from the Access Office in the college attended.
73. Deputy Alan Farrell asked the Minister for Education and Skills the status on the provision of a new school building for a school (details supplied); the timeline for the completion of this project; if his attention has been drawn to the condition of the existing school building; the action he will take to improve the facilities for students and teachers in the school until such time as a new building is provided; and if he will make a statement on the matter. [32386/16]
Amharc ar fhreagraThe Deputy will be aware that a project for the expansion and refurbishment of the school, to which he refers, is included in my Department's 6 Year Capital Programme which was announced in November 2015. The project for Portmarnock Community School is scheduled to proceed to tender and construction in 2019-21. My Department is currently progressing the school project brief and once this process is complete, my Department will be in contact with the school concerned regarding advancing the project into the Architectural Planning process.
In the meantime, my Department has advised the school authority that it is open to it to submit an application for the most minimal and urgent works as an interim measure.
74. Deputy Alan Farrell asked the Minister for Education and Skills his plans to further invest in the improvement of facilities for national schools in Portmarnock, County Dublin; the current applications his Department has received from national schools in Portmarnock for funding; and if he will make a statement on the matter. [32387/16]
Amharc ar fhreagraAs the Deputy will be aware, a number of schools in the area in question have been approved funding for additional permanent school accommodation under the Devolved Initiative Scheme administered by my Department. Details of all successful applications are available on my Department's website, www.education.ie.
It is open to all schools to apply for funding for additional school accommodation for consideration should the need arise. My Department is currently in receipt of one application for additional accommodation from a primary school in the area in question. My Department requested additional information which has now been received and a decision will issue to the school authority shortly in this regard.
75. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the status of the proposed extension at a school (details supplied); the timescale for a decision to be made; and if he will make a statement on the matter. [32390/16]
Amharc ar fhreagraThe Board of Management of the school in question was allocated funding under the Additional Accommodation Scheme 2013 to build 2 mainstream classrooms and 2 Resource Rooms.
An application for additional funding has been received in the Department and an examination of this request is nearing completion. As soon as a decision has been made the school will be notified without delay.
76. Deputy Brian Stanley asked the Minister for Education and Skills if he will bring forward the construction of a new building for a school (details supplied); and the timeline for this project. [32412/16]
Amharc ar fhreagraAs the Deputy will be aware, a project for the school referred is included in my Department's 6 Year Capital Programme and is scheduled to proceed to tender and construction in 2018.
Officials from my Department recently advised the school's Board of Management and the Patron's representative that following a technical examination of an alternative site being made available by the School Patron, it has been decided that a new school building will be provided for the school referred to by the Deputy on that site. A Schedule of Accommodation and a project brief is currently being finalised. My Department will continue to liaise with the school authorities in relation to advancing this school project into the Architectural Planning process.
77. Deputy Thomas Byrne asked the Minister for Education and Skills the reason the Royal College of Surgeons in Ireland is not allowed to describe itself as a university here for marketing and labelling purposes but may do so outside the State; and his Department's reasoning for maintaining this restriction on the RCSI in the Education (Miscellaneous Provisions) Act 2015. [32437/16]
Amharc ar fhreagraThe Universities Act 1997 provides the legal and regulatory framework for Irish universities. As part of the overall legal framework for the sector, the Act also provides for a limitation on the use of the title “university”.
The Education (Miscellaneous Provisions) Act 2015 provides for the authorisation by the Minister of the use of the description “university” by an education provider in limited circumstances outside the State for specified purposes. Eligibility criteria and requirements which must be met are set out in the Act of 2015.
In line with the provisions of this legislation, RCSI were authorised by the Minister for Education and Skills in July 2015 to be described as a “university” outside of the state only, and only for the purposes clearly specified under the Act having met the eligibility criteria for authorisation set out in that Act.
78. Deputy Thomas Byrne asked the Minister for Education and Skills the total amount and the percentage of total income for University College Dublin, Trinity College Dublin, the National University of Ireland, Galway, University College Cork, University of Limerick, Maynooth University and Dublin City University that comes from direct Exchequer sources as well as from indirect Exchequer sources such as research and contracts, in tabular form; and the name of the programme under which each income is derived, for example, HEA grant, tuition fees and so on. [32438/16]
Amharc ar fhreagra79. Deputy Thomas Byrne asked the Minister for Education and Skills the total amount and the percentage of the income for each individual institute of technology that comes from direct Exchequer sources and from indirect Exchequer sources such as research and contracts, in tabular form; and the name of the programme under which each income is derived, for example, HEA grant, tuition fees and so on. [32439/16]
Amharc ar fhreagraI propose to take Questions Nos. 78 and 79 together.
The information requested by the Deputy is set out in the following tables.
Universities - State Income 2011-2012
|
Institution |
Core Grants |
Academic Fees |
Research Grants and Contracts |
Other |
Total |
% of Total Income |
|
UCD |
€85,902.00 |
€66,928.00 |
€66,985.00 |
€1,059.00 |
€220,874.00 |
53% |
|
UCC |
€58,080.00 |
€65,227.00 |
€58,742.00 |
€1,704.00 |
€183,753.00 |
64% |
|
NUIG |
€53,855.00 |
€55,900.00 |
€47,561.00 |
€2,376.00 |
€159,692.00 |
71% |
|
TCD |
€58,273.00 |
€52,800.00 |
€60,102.00 |
€4,449.00 |
€175,624.00 |
57% |
|
NUIM |
€25,874.00 |
€29,979.00 |
€13,701.00 |
€2,845.00 |
€72,399.00 |
71% |
|
UL |
€41,989.00 |
€46,252.00 |
€18,630.00 |
€3,845.00 |
€110,716.00 |
62% |
|
DCU |
€22,040.00 |
€33,566.00 |
€33,798.00 |
€464.00 |
€89,868.00 |
64% |
Institutes of Technology - State Income 2011-2012
|
Institution |
State Grants |
Academic and Registration Fees |
Research Grants & Contracts |
Other |
Total |
% of Total Income |
|
Cork |
€39,900.00 |
€15,207.00 |
€8,025.00 |
€4,608.00 |
€67,740.00 |
73% |
|
Dundalk |
€17,989.00 |
€11,770.00 |
€2,495.00 |
€2,422.00 |
€34,676.00 |
77% |
|
Sligo |
€18,691.00 |
€8,554.00 |
€1,178.00 |
€2,671.00 |
€31,094.00 |
74% |
|
Limerick |
€26,512.00 |
€11,615.00 |
€3,243.00 |
€2,934.00 |
€44,304.00 |
84% |
|
Waterford |
€31,153.00 |
€17,509.00 |
€6,888.00 |
€3,780.00 |
€59,330.00 |
73% |
|
Dublin |
€77,224.00 |
€24,022.00 |
€9,267.00 |
€8,366.00 |
€118,879.00 |
75% |
|
Carlow |
€14,647.00 |
€8,992.00 |
€644.00 |
€1,787.00 |
€26,070.00 |
80% |
|
Athlone |
€19,652.00 |
€9,218.00 |
€2,406.00 |
€1,986.00 |
€33,262.00 |
76% |
|
Tralee |
€14,371.00 |
€7,463.00 |
€1,027.00 |
€1,630.00 |
€24,491.00 |
84% |
|
GMIT |
€25,871.00 |
€13,174.00 |
€1,383.00 |
€3,044.00 |
€43,472.00 |
78% |
|
Dun Laoghaire |
€7,994.00 |
€5,039.00 |
€507.00 |
€1,178.00 |
€14,718.00 |
77% |
|
Tallaght |
€14,728.00 |
€7,195.00 |
€2,715.00 |
€1,994.00 |
€26,632.00 |
78% |
|
Blanchardstown |
€8,857.00 |
€5,631.00 |
€120.00 |
€1,121.00 |
€15,729.00 |
77% |
|
Letterkenny |
€12,860.00 |
€7,619.00 |
€713.00 |
€1,464.00 |
€ 22,656.00 |
87% |
80. Deputy Thomas Byrne asked the Minister for Education and Skills further to Parliamentary Question No. 164 of 4 October 2016, if the review of the DEIS programme is looking at the need for including new schools and schools whose student intake and demographic profile may have altered since the initial introduction of the programme in 2006; when the last intake of a school into the DEIS took place; and if his Department has estimates for the number of schools currently not in DEIS but which may have a demographic profile that would make them eligible for inclusion should the scheme be expanded. [32441/16]
Amharc ar fhreagraAs set out in my previous reply, the process to review the DEIS Programme, which began last year, is nearing completion and it is my intention to publish a new Action Plan for Educational Inclusion before the end of this year.
As part of the review, a new assessment process is being developed using centrally held CSO and DES data to identify schools schools for inclusion in a new support programme. This proposed new identification process will assess all schools in the country, including those not currently participating in DEIS. It will not be necessary for schools to make an application for assessment.
Among the measures to be included in the plan are a series of pilot schemes aimed at introducing measures which have been shown to work well in improving results for disadvantaged children and students. The plan is expected to include targeted measures in the area of:
- School leadership
- School networks and clusters
- Teaching methodologies
- Integration of schools and other State supports within communities
- Greater use of Home School Community Liaison services
Until development of this assessment process has been completed I will not be in a position to estimate how many schools may be included in a new support programme.
Implementation of actions arising from the Plan for Educational Inclusion will begin in the 2017/18 school year and will be continuing theme in our wider Annual Action Plan for Education.
Further details on the Review process can be found at: http://www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/.
