Written Answers Nos. 77 - 100
77. Deputy Pearse Doherty asked the Minister for Finance the legal impact of an inclusion where a loan cannot be subject to a cooling off period waiver and such a waiver has been included in the contract; and if he will make a statement on the matter. [36439/16]
Amharc ar fhreagraAs the Deputy will appreciate, it would not be appropriate for me, as Minister for Finance, to provide legal advice on specific circumstances or to intervene in a loan agreement between a consumer and a financial institution.
However, on the issue more generally I have been advised by the Central Bank that for credit agreements involving a total amount of credit of more than €200 and less than €75,000, the European Communities (Consumer Credit Agreements) Regulations 2010 applies, subject to the exclusions set out in Regulation 3(2) and 3(6).
Under these 2010 Regulations a full 14 day "Right of Withdrawal" applies to all credit agreements subject to the Regulations. Consequently, a consumer may, within 14 calendar days, withdraw from a credit agreement without giving any reason. The option to waive the "Right of Withdrawal" is not permitted under these Regulations.
The Consumer Credit Act 1995 applies to the granting of credit to consumers that does not fall within the scope of the Consumer Credit Agreements Regulations 2010, including credit for amounts under €200 and over €75,000. Under the Consumer Credit Act 1995, a consumer may withdraw from a credit agreement within 10 days of receiving it. A consumer may forego the right to a cooling-off period by signing a statement to this effect separately from any other term of the agreement. This statement must carry in a prominent position a warning which states that: "This waiver means you are giving up your right to a 10 day period to reconsider your commitment to the agreement." This does not apply, however, to a housing loan, credit cards, or overdraft facilities offered by credit institutions.
The European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCA Regulations) apply to:
"(a) a credit agreement which is secured by a charge, a mortgage or by another comparable security used in an EEA Member State on residential immovable property or secured by a right related to residential immovable property, and where the person to whom the credit is provided is a consumer;
(b) a credit agreement the purpose of which is to acquire or retain property rights in land or in an existing or projected building, and where the person to whom the credit is provided is a consumer;".
Section 11 of the CMCA Regulations provides that where a period or right of withdrawal applies this should be clearly mentioned by the creditor in the credit agreement. The creditor shall clarify the applicability of such rights, specify the conditions to which the right is subject, the procedure that the consumer will need to follow to exercise the right, the address to which the notification of withdrawal shall be sent, and the corresponding fees (where applicable).
78. Deputy Robert Troy asked the Minister for Finance if his Department, or a body under its aegis, has considered any proposals for improving pricing transparency for motor insurance; and his views on whether the opacity of pricing in the sector has a negative impact on the cost of motor insurance for households. [36476/16]
Amharc ar fhreagraAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.
However, it is possible for the State to play a role in helping to stabilise the market and influence factors which contribute to the cost of insurance. Consequently, I established the Cost of Insurance Working Group and appointed Minister of State Eoghan Murphy as Chair. The initial focus of the Working Group is on the factors that are contributing to the cost and availability of motor insurance and identifying what short-term, medium-term and long-term measures can be introduced to help consumers and businesses. A broad range of issues affecting the cost and availability of motor insurance are being examined by the Working Group, including the issue of transparency of pricing in the insurance industry. In my view, transparency of pricing is an important issue in any marketplace whether it be motor insurance or otherwise.
The Cost of Insurance Working Group has met ten times to date and will continue to meet until the end of the year. The work is being progressed through four subgroups. These subgroups have been meeting on a weekly basis since their establishment on 1 September 2016.
The Working Group and the four subgroups have engaged in a consultation process and has met with and heard from a variety of relevant stakeholders including: Insurance Ireland, individual insurance companies, the Irish Brokers Association, AA Ireland, the Consumers Association of Ireland, the Law Society, the Bar Council, Irish Road Haulage Association, the Car Rental Council, the National Transport Authority and Tiománaí Tacsaí na hÉireann. I have also invited submissions to the Working Group from all interested parties to insurance@finance.gov.ie.
In addition, the Working Group has engaged with relevant insurance companies as part of this consultation process. The views and submissions of insurance companies, and all those from interested parties, are being considered as part of the ongoing work of the Working Group.
The Working Group provided me with an initial set of emerging recommendations at the end of October 2016 which are now available on my Department's website. Since then, the Working Group has been working to finalise their Report and to develop an action plan to enable the relevant Government Departments and Offices to commence the implementation of agreed priority actions. The report and action plan will detail any legislative or regulatory changes that may be required and will include a detailed timeline for implementation.
79. Deputy Michael Fitzmaurice asked the Minister for Finance if his attention has been drawn to the fact that binary options trading has been banned in some countries; if his attention has further been drawn to the fact that the other jurisdictions consider binary options to be gambling in disguise, as distinct from trading in regulated assets such as shares and bonds; the steps he has taken to ensure that any such trading is regulated and supervised in the correct way; if all companies engaged in binary options are registered with the Central Bank of Ireland; and if he will make a statement on the matter. [36496/16]
Amharc ar fhreagraThe regulation of securities, including binary options, is the responsibility of the Central Bank, working in cooperation with the European Securities and Markets Authority (ESMA).
I am engaging with the Central Bank on this matter, however all the information is not currently to hand. I will forward it to the Deputy as soon as it is available.
The referred reply under Standing Order 42A was forwarded to the Deputy.
80. Deputy John Curran asked the Minister for Education and Skills if he will remove the baptism barrier as part of the Education (Admissions to School) Bill 2016 in time for September 2017; and if he will make a statement on the matter. [36430/16]
Amharc ar fhreagraAs the Deputy will be aware, the Oireachtas Committee on Education and Skills, is to consider the complex issues raised by the Labour Party's proposed amendment to section 7(3)(c) of the Equal Status Act as set out in their Private Members Bill.
I have included a specific action in the Action Plan for Education that expresses my commitment to working with the Oireachtas Committee on Education and Skills to deliver changes in this area.
The Government proposed and the Dáil agreed that the Equal Status Bill proceed to second stage in June 2017. This will allow parents, patrons and other stakeholders to have their say and to ensure that that the right balance can be struck between competing rights and that there would be no unintended consequence that would create an adverse impact on the schools of minority denominations.
I believe that this matter requires time to allow adequate scrutiny and debate in order to ensure any new approach is reasonable, fair and workable. I believe that the work of the Education and Skills Committee will be invaluable in that regard.
The Education (Admission to Schools) Bill 2016 does not propose any changes to section 7(3)(c) of the Equal Status Act and I propose to advance the Admissions Bill separately from the issues before the Committee.
As I have said previously, I believe that this is the correct way to proceed. In this way, we can ensure that the important pragmatic changes contained in the Education (Admission to Schools) Bill can be implemented as quickly as possible, and not be tied up with contentious issues that could end up in the Courts. At the same time, we can in this way give the time and space for the complex issues involved in the Equal Status Bill to be properly teased out.
It is also important to note that even if the Education (Admission to Schools) Bill 2016 is enacted by the Oireachtas in the coming months it cannot apply in respect of admissions in September next as schools have already begun that process.
The Education (Admission to Schools) Bill 2016 provides an over-arching framework for greater transparency and consistency in school enrolment generally and thereby gives greater confidence to parents that the admission criteria laid down by schools and the procedures used by them are legitimate, reasonable and fair. The following is an outline of some of its key provisions:
- The Bill will oblige all schools to admit pupils where there are available places. It is important to note that 80% of schools are not oversubscribed.
- The Bill provides for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion while including provision for single sex schools and denominational schools to reflect, in their admission policy, the exemptions applicable to such schools under equality legislation.
- The Bill includes a specific requirement that school enrolment policies must include details of the school's arrangements for any students who do not wish to attend religious instruction.
- The Bill contains a provision prohibiting the charging of fees or seeking payment or contributions for an application for admission to a school or for the enrolment or continued enrolment of a student in a school.
- The Bill also provides for the Child and Family Agency (Tusla) to designate a school for a child with no school place and for the National Council for Special Education (NCSE) to designate a school for a child who has no school place for reasons related to the child’s special educational needs.
81. Deputy John Curran asked the Minister for Education and Skills if his Department will publish standard guidelines on opt-outing of faith formation in order that all schools can use them as a template and in order that they can be in accordance with the requirement under the Education (Admissions to School) Bill 2016; and if he will make a statement on the matter. [36431/16]
Amharc ar fhreagra87. Deputy Josepha Madigan asked the Minister for Education and Skills if his Department will publish standard guidelines on opt-outing of faith formation in order that all schools can use them as a template in order that they can be in accordance with the requirement under the Education (Admissions to School) Bill 2016; and if he will make a statement on the matter. [36484/16]
Amharc ar fhreagraI propose to take Questions Nos. 81 and 87 together.
Article 44 of the Constitution and Section 30 of the Education Act 1998, provides that parents have a right to have their children opt out of religion classes if they so wish. The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter for the school concerned.
Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.
The Forum on Patronage and Pluralism in the primary school sector (2012) recommended steps that could be taken to ensure that the education system can provide a sufficiently diverse number and range of primary schools to cater for children of all religions and none.
A paper, entitled "Forum on Patronage and Pluralism in the Primary Sector: Progress to Date and Future Directions", which took account of the public consultation, was published in 2014. The paper outlined good practice and options for promoting diversity in schools in a number of areas, including the right to opt-out of religious classes.
The paper gives an overview of current practice in schools in relation to the right to opt-out of religious classes and acknowledged that each school should arrive at solutions that suit its own particular context and to engage in dialogue with parents about the arrangements to be put in place before the child starts school. Schools are encouraged to develop their own practices and policies in this regard.
Subsequently, the Catholic Schools Partnership (2015) developed a resource for Catholic schools entitled ‘Catholic Primary Schools in a Changing Ireland: Sharing Good Practice on Inclusion of All Pupils’. It gives suggestions on developing polices and sharing best practice with regard to inclusion of all pupils, which gives practical suggestions to schools in how to engage positively in inter-cultural dialogue.
The Education (Admission to Schools) Bill 2016, which passed second stage on 17 November 2016, also includes a specific requirement that school enrolment policies must include details of the school's arrangements for any students who do not wish to attend religious instruction.
I believe this is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard.
The Department has also been working on draft legislation to provide for replacing the current Section 28 of the Education Act, 1998. The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies.
The Parents and Students Charter Bill essentially deals with how schools communicate with parents and will provide a greater opportunity for dealing with such issues.
82. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the reason for the delay in the assessment of a person (details supplied); and if he will make a statement on the matter. [36445/16]
Amharc ar fhreagraI can inform the Deputy that my Department's National Educational Psychological Service (NEPS) provides educational psychology service to all primary and post primary schools through an assigned NEPS psychologist and in some cases through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department's website. Under this scheme schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.
In common with many other psychological services and best international practice, NEPS has adopted a consultative model of service. The focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe and transient to enduring. Psychologists use a problem solving and solution oriented consultative approach to maximise positive outcomes for these pupils. NEPS encourages schools to use a continuum based assessment and intervention process whereby each school takes responsibility for initial assessment, educational planning and remedial intervention for pupils with learning, emotional or behavioural difficulties. Teachers may consult their NEPS psychologist should they need to at this stage in the process. Only in the event of a failure to make reasonable progress, in spite of the school's best efforts in consultation with NEPS, will the psychologist become involved with an individual child for intensive intervention or assessment.
This system allows psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.
I have made inquiries in the matter and have been advised that the child in question has not been referred to the assigned NEPS psychologist to this school.
I would advise that if the parents of the child have particular concerns in relation to his progress then they should raise them, in the first instance, with the Principal of the school with a view to his/her raising them with the assigned psychologist.
83. Deputy Pearse Doherty asked the Minister for Education and Skills the reason a request for an alternative school drop-off point was refused for a person (details supplied); and if he will make a statement on the matter. [36446/16]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently in the region of 114,000 children, including some 10,000 children with special educational needs, are being transported in over 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
Bus Éireann endeavours to ensure that a reasonable level of transport service is provided for each eligible child. In general, transport for children with special educational needs is provided from home to school and from school to home during normal school opening and closing times.
Bus Éireann will try to facilitate requests for set down at addresses other than the child’s home address provided the alternate address is on the route of the existing service and the arrangements are the same throughout the school year.
However, in general, it is not possible to facilitate atypical school transport arrangements which involve additional mileage, inconvenience to other children on the service, or where Bus Éireann has concerns regarding a child's safety.
84. Deputy Brendan Griffin asked the Minister for Education and Skills when the findings of the school transport review group will be published (details supplied); and if he will make a statement on the matter. [36464/16]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently in the region of 114,000 children, including some 10,000 children with special educational needs, are being transported in over 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
As committed to in the Programme for Government, a review of the concessionary charges and rules element of the School Transport Scheme has been undertaken and is being considered.
The Review will be made available to the cross party working group established to feed into the review.
85. Deputy Kathleen Funchion asked the Minister for Education and Skills the status of the review of the school transport scheme; and if his Department will consider increasing funding to the scheme, in line with a recommendation by a charity (details supplied), by €5 million, resulting in an abolition of fees for parents. [36469/16]
Amharc ar fhreagraAs committed to in the Programme for Government, a review of the concessionary charges and rules element of the School Transport Scheme has been undertaken and is being considered.
School transport is a significant operation managed by Bus Éireann on behalf of the Department.
During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
Children are generally eligible for school transport where they meet the distance criteria and are attending their nearest school.
The annual charges for school transport are €100 per child attending a primary school and €350 per child attending a post primary school. The annual family maximum for primary children is €220 while the overall family maximum is €650 per annum.
These charges, which may be paid in two instalments in July and December, are a contribution towards the overall cost and do not reflect the true cost of providing school transport services. Research carried out in the context of the Value for Money Review of the School Transport Scheme showed that the annual unit cost per pupil for the provision of school transport was some €1,000, €950 and €7,000 for primary, post primary and children with special educational needs (excluding escorts) respectively.
Children who are eligible for school transport and who hold valid medical cards (GMS Scheme) are exempt from paying the annual charge; children who are eligible for school transport under the terms of my Department's School Transport Scheme for Children with Special Educational Needs are also exempt from paying the annual charge.
Given that the annual cost of school transport provision is some €175m it is not proposed to change the current charges.
86. Deputy Brendan Ryan asked the Minister for Education and Skills the status of proposals for the school transport system following calls (details supplied) for observations on the way the system could be improved; and if he will make a statement on the matter. [36483/16]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently in the region of 114,000 children, including some 10,000 children with special educational needs, are being transported in over 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
In general, children are eligible for school transport if they are attending their nearest school and satisfy the requisite distance criteria.
The review of the concessionary charges and rules element of the School Transport Scheme committed to under the Programme for Government has been completed and is under consideration. As announced in July, a cross party group was established to feed into this review. A meeting with this group has taken place and subsequently submissions on the school transport scheme generally were received by my Department. These are now being examined.
88. Deputy John McGuinness asked the Minister for Education and Skills if a report into complaints made by a person (details supplied) will consider the content of another report (details supplied); if consideration will be given to the fact of non-disclosure of a record of a meeting of 7 May 2014; the engagement his Department had with persons (details supplied) prior to a meeting of 20 October 2016; the terms of reference of the independent investigation; if it is the intention of the independent investigation to interview the person about whom the person is complaining; if his Department will facilitate a fair and transparent process; and if he will make a statement on the matter. [36562/16]
Amharc ar fhreagraI am aware of the report to which the Deputy refers.
The position is that officials from my Department met with the complainant in February 2016 and, subsequently, my Department established an independent investigation with comprehensive terms of reference designed to cover the full range of allegations made. The complainant was consulted on the process including the terms of reference.
The independent investigator has concluded his investigation and issued a final report to the relevant parties on 1 November 2016. All relevant parties were consulted and interviewed as appropriate during the investigation. All relevant parties were given an opportunity to comment on and contribute to the report before it was finalized. A list of people interviewed and documentation used to establish the allegations is included in the report. Those interviewed include the person being complained about. I am satisfied that the investigation process, which is now concluded, was fair and transparent.
With regard to the “non-disclosure” of a record of a meeting on 7 May 2014, the report notes that the meeting took place but that there is no record of the meeting. However, the investigator outlines an exchange of emails between the complainant and the person with whom the complainant met as evidence of what transpired.
The Deputy refers to "another report". The complainant had sought this report from a third party. The investigator contacted the third party and was informed that the complainant did not make any complaint at the time and hence there is not "another report".
With regard to engagements my Department had with persons prior to the meeting of 20 October 2016, my Department was informed by the investigator that the meeting was taking place but had no involvement in the detailed arrangements. My Department had no engagement with the second named person, who is a translator and independent third party facilitator who was engaged directly by the investigator in accordance with the investigation’s terms of reference.
The Deputy should note that the investigation found no evidence to support the complainant's allegations. A number of recommendations are also made concerning the future operation of the institution referred to by the complainant.
The report also found, inter alia, that the complainant had not exhausted the appeals process available to her within the institution concerned. In this regard, the institution agreed to keep open the appeal mechanism available to the complainant for the duration of the investigation and for 10 working days after the final report was concluded and circulated. I understand that the institution concerned has received an appeal from the complainant.
The terms of reference of the investigation are attached for the information of the Deputy.
Terms of Reference
Investigation of allegations made by XXXXXXX relating to her participation in the Graduate Diploma in Education (Primary Teaching) programme in YYYYYYY from February 2013, and related matters
1. The Department of Education and Skills (DES) has commissioned an independent investigator to identify, investigate and report on all aspects of XXXXXXX’s allegations, having particular regard to her allegations of bullying.
2. The investigator will also investigate and report on other matters of public interest alleged by XXXXXXX but which are not directly associated with her participation in the Graduate Diploma programme.
3. The investigator will, having regard to all correspondence between XXXXXXX and YYYYYYY, and XXXXXXX and the DES, identify the allegations for investigation, and will check with XXXXXXX that all allegations made by her have been identified.
4. The investigator will prioritise his consideration of allegations which directly relate to XXXXXXX participation in the Graduate Diploma programme. In relation to these allegations, the investigator will:
- Determine, on the balance of probabilities, whether they are well-founded;
- Where allegations are well-founded, determine their impact on XXXXXXX’s participation in the Graduate Diploma programme;
- Recommend to YYYYYYY the steps to be taken by YYYYYYY to address the consequences of the allegations, where appropriate.
5. In relation to those allegations which do not directly relate to XXXXXXX’s participation in the Graduate Diploma programme, the investigator will determine whether there is a prima facie case and, if so, he will recommend what steps should be taken in order to deal with such matters.
6. All parties will collaborate fully with the investigation and respond promptly and in full to requests from the investigator for documents or other records.
7. The investigator will consult with all parties (XXXXXXX, YYYYYYY and the DES) and others as required.
8. The investigator will have access to any persons with relevant specialist expertise, as required.
9. The investigator will present his report together with recommendations to all parties XXXXXXX, YYYYYYY and the DES) within six weeks from the date of commencement of the investigation. In the event that it is not practicable to make a final report within this timeframe, an interim report will be provided.
10. To ensure that it is effective, the investigation will proceed on the basis that confidentiality will be maintained during the investigation process.
Department of Education and Skills
11 March 2016
89. Deputy Frank O'Rourke asked the Minister for Housing, Planning, Community and Local Government if he will remove the word "exempt" from the vehicle tax disc of primary certificate holders as it highlights persons that are vulnerable; and if he will make a statement on the matter. [36529/16]
Amharc ar fhreagraArticle 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 sets out the particulars that must be provided on a motor tax disc; these include the tax class of the vehicle.
There are some 30,000 vehicles in the State that are exempt from motor tax. As well as vehicles exempted under the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, these include, inter alia, State-owned vehicles, Diplomatic vehicles, vehicles used exclusively for the transport of lifeboats or any equipment for affording assistance towards distress at sea, vehicles used exclusively for mountain and cave rescue purposes, vehicles used exclusively for underwater search and recovery purposes and vehicles, whether fire engines or otherwise, which are kept by a local authority and used exclusively for the purpose of their fire brigade service.
All of the above, other than Diplomatic vehicles, are required to apply for a tax disc on an annual basis which shows a tax class of exempt. The disc does not contain any other indication as to which of the above categories the exemption relates to.
The particulars displayed on the tax disc are required for enforcement of motor tax by An Garda Siochána. I have no plans currently to amend the Regulations with regard to the
requirement for the tax class of a vehicle to be displayed on the disc.
90. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the nature and results of the consultation that took place with public library staff regarding the My Open Library project in advance of the pilot scheme; and if he will make a statement on the matter. [36471/16]
Amharc ar fhreagra91. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the risk assessment that has taken place and the details of that assessment with regard to the My Open Library project; and if he will make a statement on the matter. [36472/16]
Amharc ar fhreagra93. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government if a condition of approval for capital funding for public libraries is that the library must agree to be an open library; and if he will make a statement on the matter. [36474/16]
Amharc ar fhreagraI propose to take Questions Nos. 90, 91 and 93 together.
‘My Open Library’ is an initiative under Opportunities for All, the national public library strategy 2013-2017 which allows library members the freedom and flexibility to use the library at times that suit them. It provides additional opening hours from 8am to 10pm, seven days-per-week, ensuring access to library services for users who cannot avail of them during regular staffed hours.
The provision and management of library services is a matter for each local authority in its capacity as library authority under the Local Government Act 2001, and this includes delivery of the ‘My Open Library’ service. Accordingly, consultation with staff and the performance of risk assessments in relation to service is a matter for each local authority. My Department has no direct role in these matters.
It is planned to roll-out the service across a further 23 pilot library branches from January 2017 following a successful initial trial in Tullamore, Banagher and Tubbercurry libraries from November 2014. The pilots were selected on the basis of applications received from local authorities interested in delivering the service.
It is also intended that projects funded under the Department’s new Capital Development Programme 2016-20121 will also operate the ‘My Open Library’ service when they are completed. However, this will depend on a number of factors including the scale of the development, the suitability of the library branch for the service and the outcome of the extended pilot phase. Ultimately, the matter will be progressed with the relevant local authorities as part of the capital project approval process.
92. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the plans his Department has to reinstate the library council; and if he will make a statement on the matter. [36473/16]
Amharc ar fhreagraA rigorous appraisal of the State agencies under the aegis of my Department was carried out as part of the reform of State agencies under the Public Service Reform Plan 2011-2013. On foot of the appraisal, the number of agencies was reduced. This rationalisation included the dissolution of the Library Council and the transfer of its functions and staff to the new Library Development Unit in the Local Government Management Agency.
The establishment of the Libraries Development Unit has streamlined service delivery and provided a more coherent and integrated approach the development of public library services. The unit has overseen the development and implementation of a successful national Libraries strategy, Opportunities for All, as well as the development and roll-out of an improved range of services across the public library network.
Accordingly, my Department has no plans to reinstate the Library Council.
94. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government if Irish is no longer a requirement for the appointment of a person to the position of county librarian; and if he will make a statement on the matter. [36475/16]
Amharc ar fhreagraIn 2015 a working group was set up to revise the qualifications for professional and non-professional public library grades. The working group consisted of members of the Department of Housing, Planning, Community and Local Government, County Librarians (also members of the Library Association of Ireland), and senior human resources staff from various local authorities as well as representatives from the Libraries Development Unit (formerly An Comhairle Leabharleanna) in the LGMA.
The output from this group was the production of updated draft qualifications, for all library grades, which have since been declared by the Minister for Housing, Planning, Community and Local Government.
The revised qualifications reflect the changes in educational requirements within the profession over the last 20 years. For more senior staff within the library profession, the revised qualifications place more emphasis on managerial skills in common with analogous professional grades. The qualifications also reflect the career structure and path from Grades 3 to 9, again in line with analogous professional grades.
The revised qualifications also removed the requirement from previous qualifications whereby a successful candidate had to be proficient in Irish. The recommendation from the working group was that this created an unnecessary barrier to entry for those unable to speak Irish or those who never had the opportunity to learn the language. This is a view that is shared by my Department.
95. Deputy Pat Deering asked the Minister for Housing, Planning, Community and Local Government the progress of the consultative review of the Dog Breeding Establishments Act 2010; if stakeholders interested in contributing will be given the opportunity to contribute to the consultation; when he will make available the text of the first draft of that review; and if he will make a statement on the matter. [36498/16]
Amharc ar fhreagraIn late 2015, my Department agreed to begin a process of review of the current Dog Breeding Establishment Guidelines, with meetings to review the Guidelines commencing last January. The work undertaken to date has been to produce a first draft revision, which is currently under consideration in my Department.
I intend to extend the consultation process on the guidelines shortly at which time the text of the first draft of the review will be made available.
96. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government when he will be opening the CAS call to approved housing bodies; and if he will make a statement on the matter. [36511/16]
Amharc ar fhreagraI issued a ‘call for proposals’ under the Capital Assistance Scheme (CAS) in June 2016 and it remains open for applications by Approved Housing Bodies (AHBs) up to end-November 2016. Proposals should be made by AHBs directly to the local authorities for the areas concerned.
I expect to confirm the position in early 2017 regarding the acceptance of further CAS proposals beyond November, once my Department has assessed the level of proposals that have been received. In that regard, I would emphasise that a significant amount of previously approved CAS construction projects are still being advanced and I am keen to see these completed and deliver ing new social housing, as soon as possible.
97. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government the various conditions that the owners of land banks must adhere to if their lands benefit from the provision of roads to facilitate the construction of houses under the strategic infrastructure fund; and if he will make a statement on the matter. [36526/16]
Amharc ar fhreagraThe aim of the Local Infrastructure Housing Activation Fund is to relieve critical infrastructural blockages to enable the accelerated delivery of housing on key development sites and to improve the economic viability of new housing projects in Dublin and in urban areas of high demand for housing. The €200 million Fund will be composed of an Exchequer allocation of €150 million, matched by a €50 million contribution from participating local authorities.
A call for proposals under the fund was issued to local authorities on 26 August, with a closing date for receipt of proposals of 14 October. It was open to all local authorities, working in conjunction with housing providers, including private developers and home builders, to apply with funding in line with the detailed criteria set out in the call for proposals.
The funding will be allocated to local authorities on the basis of this competitive bid process. The viability of the applications is currently being examined in detail against the assessment criteria as set out in the call for proposals, with a focus on the level of funding required and what it might leverage, the number of housing units that could be delivered, their strategic location and speed of delivery, and affordability levels of a proportion of the homes.
This assessment process is ongoing at present. Once allocations are approved, the drawdown of funding by local authorities will be subject to conditions as set down by my Department, including adherence to the Public Spending Code. I intend to make initial announcements for successful smaller-scale projects in mid-December with a second phase announcement in the first quarter of 2017 for those project bids requiring more detailed financial appraisals.
98. Deputy Brendan Smith asked the Minister for Housing, Planning, Community and Local Government if he will amend the income eligibility criteria for local authority housing by excluding FIS payments in the calculation of a person's income; and if he will make a statement on the matter. [36570/16]
Amharc ar fhreagraThe Social Housing Assessment Regulations 2011 prescribe the procedures for households to apply to housing authorities for social housing support and the conduct and review of social housing assessments.
The income threshold is the basic measure of whether a household is eligible in the first instance for social housing support. The 2011 Regulations prescribe maximum net income limits for each housing authority, in different bands according to the area. The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs plus a comparative analysis of the local rental cost of housing accommodation across the country. The limits also reflect a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn and thereby promote sustainable communities.
Income is defined and assessed according to a standard Household Means Policy which was issued by the Minister under Regulation 17 of the 2011 Regulations. The policy sets out the manner in which housing authorities are to assess the means of any household seeking social housing support. Net income is defined as gross household income less income tax, PRSI and the universal social charge. The policy defines the types of income to be taken into consideration when assessing eligibility for social housing support. Income from Family Income Supplement (FIS) must be included in any income assessment carried out by a housing authority. Authorities do have discretion to disregard income that is considered to be temporary, short-term or once off in nature and which is outside the regular pattern of a person’s income. FIS payments do not fall into this category.
I am satisfied that the Household Means Policy and the current income limits generally provide for a fair and equitable system of identifying those households unable to provide accommodation from their own resources. This is an area that is kept under continuous review by my Department, as part of the broader social housing reform agenda set out in the Social Housing Strategy 2020.
99. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for a domiciliary care allowance by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [36390/16]
Amharc ar fhreagraThis lady made applications for domiciliary care allowance (DCA) in respect of two children on the 23rd August 2016. The applications have been forwarded to one of the Department’s Medical Assessors for their medical opinion. Following receipt of this opinion, decisions will be made on each application by a Deciding Officer and notified to her. Applications are processed in date of receipt order. It can currently take 16 weeks to process an application for DCA.
I hope this clarifies the matter for the Deputy.
100. Deputy Declan Breathnach asked the Minister for Social Protection if he will review the slow processing of disability allowance appeals; if he will review the case of a person (details supplied); and if he will make a statement on the matter. [36393/16]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 October 2016. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 9 November 2016. The appeal was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 14 December 2016. The person concerned will be notified of the arrangements for the hearing.
Significant effort and resources have been devoted to reforming the appeals process in recent years resulting in a marked improvement in overall appeal processing times. The average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 25.5 weeks in 2015 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 18.1 weeks in 2015. This downward trend in overall appeal processing times has continued to date in 2016 to 24.3 weeks for an oral hearing and 17.4 weeks for a summary decision.
Notwithstanding these improvements, the Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office and will continue to be monitored on an ongoing basis.
The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. However the system is designed to be flexible and fair and allows for review and submission of further information at all stages. The time taken is proportionate to the complexity of many of the issues under appeal which require a high level of judgement, and the need to ensure due process and natural justice.
I am advised by the Social Welfare Appeals Office that the current average processing times for disability allowance appeals determined following an oral hearing is 20.3 weeks and 14.7 weeks for appeals following a summary decision.
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.
I hope this clarifies the matter for the Deputy.
