Written Answers Nos. 163-176
163. Deputy Mick Wallace asked the Minister for Finance his views on the recent new complaints process and complex fee refund compensation scheme announcement for business customers that were part of a bank's (details supplied) global restructuring group and the access that customers who were part of a division of the bank will have to the complaints process and compensation fund. [37484/16]
Amharc ar fhreagraThe Tomlinson report dealt with the lending practices of UK banks to Small and Medium Sized Enterprises (SMEs) and it alleged that a division of Royal Bank of Scotland (RBS), the Global Restructuring Group, was guilty of "systematic and institutional behaviour" in artificially distressing otherwise viable businesses. Following this report, the UK's Financial Conduct Authority (FCA) appointed Promontory Financial Group to further investigate these allegations. Promontory's work along with the involvement of the FCA, led RBS to recently announce redress for certain SME customers of RBS's Global Restructuring Group. The final details of the redress scheme remain to be agreed with the FCA.
As I have previously answered, Ulster Bank Ireland Limited undertook an independent review into the relevance of these allegations to its corresponding division, namely the Global Restructuring Group Ireland (GRGI). On the 19th December 2014, Ulster Bank published the findings of the independent review by Mahon Hayes Curran into practices at GRGI. The investigation found no evidence to support the allegations and suggested that GRGI's driving policy was to manage its customers through the cycle, supporting them where possible to return them to viability.
The Central Bank is the statutory body with responsibility for the investigation of any such allegations in an Irish context and I consider this as a matter properly for the Central Bank. I am confident that legislative changes since the financial crisis have equipped the Central Bank with an array of investigative, regulatory and enforcement powers to ensure that regulated financial service providers adhere to the requirements of financial services legislation.
These changes include significantly enhanced powers for the Central Bank to gather information under the Central Bank (Supervision and Enforcement) Act 2013 which broadened the Bank's information gathering and authorised officer powers. It is evident that the Central Bank is properly undertaking its enforcement role by the recent sizeable settlements in enforcement cases.
164. Deputy Fergus O'Dowd asked the Minister for Finance the reports commissioned by his Department since 2006 which while completed or in final draft form have not been published; the reason they have not been published; the expected publication date; the cost to date of each such report; if tenders were invited; if it is not intended to publish any such report the reason for same; and if he will make a statement on the matter. [37548/16]
Amharc ar fhreagraThe information requested by the Deputy in relation to reports commissioned by my Department from external parties which were completed but not published is set out in tabular form in the table.
As the Deputy is aware, the Department of Public Expenditure and Reform was established in 2011 and assumed certain functions previously held by the Department of Finance; therefore reports which relate to the transferred areas do not feature in the table.
The Deputy may wish to note that the response does not capture expert witness statements/evidence/reports which were commissioned for the purposes of providing evidence to the courts and would never have been intended for publication but would instead be exhibited to the courts.
Reports Commissioned From External Parties Which Have Not Been Published: -
|
Year |
Details of unpublished commissioned report |
Expected publication date |
Cost to date (€) |
Tenders invited |
Reason not published to date/ intended to publish |
|
2011 |
Report commissioned to feed into Government strategy to deal with mortgage arrears ARAM International Partners |
N/A |
€100,000 |
No |
It informed the deliberations of the Keane Group and fed into the Keane Report on Mortgage Arrears. |
|
2013 |
Assistance and Analysis in the Preparation of the Medium-Term Economic Strategy (MTES) 2014-2020 PMCA Economic Consulting |
N/A |
€49,043 |
Yes |
Final report submitted to the Department of Finance in December 2013. It was not published because it was commissioned to provide evidence-based economic analysis as an input to the MTES. This analysis is reflected in the text of the MTES |
|
2013 |
Spatial Development Patterns - Implications for the Medium Term Economic Strategy (MTES) ESRI |
N/A |
€4,624 |
No |
Used as input to the MTES and analysis is reflected within the MTES. |
|
2015 |
Assessment of special regeneration areas for the Living City Initiative John Martin |
N/A |
€2,500 |
Yes |
The details of these areas were published when the Living City Initiative was launched |
The Deputy may also wish to note that the list does not include research outputs under the joint Macro-economy and Taxation research programme between the Department of Finance and the Economic and Social Research Institute (ESRI).
Finally, in order to comply with the Department's Safety, Health and Welfare at Work statutory obligations, the Department also commissioned a number of assessments/audits over the period which are not listed and these details can be made available to the Deputy if required.
165. Deputy Peadar Tóibín asked the Minister for Finance if his Department, or the agencies that report to his Department, entered into any non-disclosure or confidentiality agreements with any organisation due to court action or a threatened court action; and if so, the persons or groups with which these agreements exist. [37628/16]
Amharc ar fhreagraI am assuming that the Deputy is referring to non-disclosure or confidentiality agreements which govern the ongoing relationship between my Department or the agencies which report to my Department and other organisations.
There are no ongoing non-disclosure or confidentiality agreements between my Department with any organisations arising from court action or threatened court action. In the time available it has not been possible to ascertain the position with regard to all agencies which report to my Department, but no such agreements have been identified at this point. I will revert to the Deputy confirming whether any such agreements have been entered into as soon as the information is to hand.
It would not be unusual for the terms of individual settlement agreements in respect of discrete court actions to be subject to confidentiality agreements as to their terms. Such settlements are not collated and information in relation to all such agreements is therefore not currently available.
166. Deputy Fergus O'Dowd asked the Minister for Finance if he will address issues regarding banking rules here which are applied to cross-Border workers resident here (details supplied); and if he will make a statement on the matter. [37676/16]
Amharc ar fhreagraThe supplementary material provided by the Deputy in respect of this question would appear to refer to the Central Bank statement of 23 November 2016 regarding changes to its macro-prudential mortgage lending rules and which will come into effect from 1 January 2017. These mortgage lending control measures apply to any Central Bank regulated financial provider which provides a mortgage loan which is to be secured on residential property located in the State. However, those regulations do not place any particular residency or currency requirement on relevant loans which would specifically impact on cross border workers resident in the State.
However, the Deputy may also wish to note that the European Union (Consumer Mortgage Credit Agreements) Regulations 2016, which transposed the Mortgage Credit Directive into Irish law, contains certain consumer protection provisions governing the provision of the foreign currency mortgage loans. In particular, it provides that, at the time the foreign currency mortgage agreement is concluded, the consumer borrower will have the right to convert the loan into an alternative currency or that other arrangements be in place to limit the exchange rate risk to which the borrower is exposed. This is a mandatory requirement of the Directive and the transposing Regulations provide that a lender shall ensure that at least one of these options will be available where applicable. It is accepted that this new provision will impose some additional regulatory requirements on an Irish bank when providing foreign currency mortgage loans, but this will also need to be considered against the additional protections which will now be available to consumer borrowers who enter into such credit contracts. While it is and remains a commercial matter for individual lenders to decide on the type and nature of credit it wishes to offer consumers, either in general or in an individual case, I would expect lenders to be in a position to adjust their systems and practices to take on board evolving and legal requirements which have the primary objective of increasing the protections available to consumer mortgage borrowers including those in relation to foreign currency mortgage loans as provided for in the Mortgage Credit Directive.
167. Deputy Gerry Adams asked the Minister for Finance the status of the appointment of additional special advisers by him and Ministers of State in his Department. [37889/16]
Amharc ar fhreagraI wish to inform the Deputy that I have not appointed additional Special Advisors. I have 2 Special Advisors in accordance with Section 11 of the Public Service Management Act, 1997.
The responsibilities of Minister of State Eoghan Murphy TD spans both the Department of Finance and the Department of Public Expenditure and Reform. In that regard, I have been informed that the Minister for Public Expenditure and Reform intends to bring a memo to cabinet in due course to allow for the appointment of a special adviser to Minister of State Murphy to assist him in his duties.
168. Deputy Seán Haughey asked the Minister for Education and Skills if he will facilitate the continued employment of a caretaker in a school (details supplied) in Dublin 5; and if he will make a statement on the matter. [37669/16]
Amharc ar fhreagraMy Department provides capitation funding to recognised primary schools. The amount of grant paid to an individual primary school for capitation and ancillary services is determined by the school's enrolment, subject to a minimum grant for both capitation and ancillary services in respect of schools with enrolments up to 60, and a maximum ancillary services grant in the case of schools with enrolments of 500 or more.
Where a school uses grant funding to employ a secretary or caretaker, such staff are employees of individual schools. My Department therefore does not have a role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities. It is not therefore appropriate for my Department to determine whether or not the caretaker referred to by the Deputy should be facilitated with continued employment.
In relation to funding to schools for the pay of grant-funded school secretaries and caretakers, my Department accepted the findings of an arbitration process.
The detailed arrangements are set out in Circular 0076/2015 that was published in December 2015 on the Department's website.
In March 2016 the ancillary services grant paid to primary schools was increased by €6 from €147 to €153 per pupil to enable them pay the first phase of the arbitrator's findings. The next phase of the pay increase is due to take effect from 1 January 2017. A circular will be issued by my Department later in 2016 with the revised rate of grant funding to facilitate the payment of the next phase of the arbitrator's finding.
169. Deputy Timmy Dooley asked the Minister for Education and Skills the status of a building project at a school (details supplied); and if he will make a statement on the matter. [36855/16]
Amharc ar fhreagraThe school to which the Deputy refers is being delivered under the Departments Design & Build Programme. The planning application was lodged in August 2016. Clare County Council issued an additional information request on 27/09/2016. The Project Management Team is currently finalizing a response to this request and it will be submitted to the Council shortly.
The project will proceed to tender when planning permission is secured.
170. Deputy Danny Healy-Rae asked the Minister for Education and Skills the position regarding the minor works grant for the year 2016-2017 in view of the fact that much of the year has already passed; and if it will be available for schools in 2016. [36856/16]
Amharc ar fhreagraOn 17th November 2016, I announced the Minor Works Grant 2016/2017, totalling €28.5 million. Payment will issue to primary schools this week.
171. Deputy Eugene Murphy asked the Minister for Education and Skills if he will investigate the situation whereby a person (details supplied) who assisted a child who was availing of the home tuition scheme was not paid. [36860/16]
Amharc ar fhreagraThe Deputy will be aware that the purpose of the Home Tuition Scheme is to provide a compensatory educational service for children who, for a number of reasons such as chronic illness, are unable to attend school, for children with special educational needs awaiting a suitable educational placement and for early intervention for children with autism.
Parents engage tutors directly and prior to September 2015 parents received their grant directly either on a monthly basis in arrears or where possible in advance to assist them cover the cost of engaging a tutor. It is then the responsibility of the parent/legal guardian to transfer the fees received to the tutor.
The case which the Deputy refers relates to the period January to March 2015 and my Department issued payment to the parent in question on the 19th May 2015 upon receipt of a payment claim form in accordance with the published terms of the then Home Tuition Scheme.
An allegation of non payment was received by my Department from the approved tutor and the approved tutor has been in regular contact with officials from my Department.
My Department does not intervene in the private payment arrangements between home tutors and the parents who engages them in relation to the payment of fees owed by the parents to the home tutors.
172. Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter (details supplied) regarding school enrolment criteria; and if he will make a statement on the matter. [36865/16]
Amharc ar fhreagraIn relation to school admissions, parents can choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available 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. However, this may result in some pupils not obtaining a place in the school of their first choice.
As the Deputy will appreciate, my Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. In this regard, my Department is currently reviewing the demographic demand in the area serviced by the school referred to.
A building project for the school concerned, is included in my Department's 6 Year Capital Programme. This demographic review will assist in determining the appropriate level of accommodation required for the proposed building project.
In the interim, I wish to advise the Deputy that my Department recently approved additional temporary accommodation to address the school’s immediate and essential accommodation needs.
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 Educational 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. Further information on the Section 29 appeals process is available on the Department's website www.education.ie.
The Educational Welfare Service of the Child and Family Agency (EWS) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The EWS can be contacted at 01-7718500.
173. Deputy Éamon Ó Cuív asked the Minister for Education and Skills when the replacement for the DEIS scheme will be announced; the criteria that will be used to ensure that the schools serving the most disadvantaged in society will be included in the scheme; and if he will make a statement on the matter. [36891/16]
Amharc ar fhreagraAs I have already announced, it is my intention to publish a new Action Plan for Educational Inclusion in the coming weeks.
A process to review DEIS - the Action Plan for Educational Inclusion established last year is now nearing completion. The review is looking at all aspects of DEIS, including the range and impact of different elements of the School Support Programme, particularly the scope for increased integration of services provided by other Departments and Agencies, in order to improve effectiveness.
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
The Review process also includes the development of a new methodology for the identification of schools in terms of educational disadvantage is nearing completion. This new Assessment Framework will use centrally held CSO and DES data for the identification of schools. The relevant CSO data is based on information drawn from the National Census of Population and includes socio-economic variables that are known predictors of poorer educational outcomes. It is proposed that the framework will have the capacity to be updated as required to take account of relevant new CSO and DES data.
The Review has also included extensive stakeholder consultation, in particular, engagement with relevant education partners, academics and practitioners to ensure that learning from the implementation to date of DEIS is factored into our plans for a renewed School Support Programme.
Implementation of actions arising from the Action Plan for Educational Inclusion will begin in the 2017/18 school year, and will be a continuing theme in our wider Annual Action Plan for Education.
Further information on the DEIS Review process is available on my Department’s website at http://www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/DEIS-Review-Process-Information-Note.pdf.
174. Deputy Danny Healy-Rae asked the Minister for Education and Skills the reason Montessori teachers do not receive any pension; and the reason they do not get paid during their holidays. [36907/16]
Amharc ar fhreagraI wish to advise the Deputy that Montessori schools are private educational entities and not recognised schools under the Education Act 1998. Therefore the employment terms and conditions of their workers, including access to paid holidays and pension entitlements are matters for the owners/managers of those facilities.
175. Deputy Niamh Smyth asked the Minister for Education and Skills further to Parliamentary Question No. 108 of 16 November 2016, the timeframe for when a preferred site might be finalised (details supplied); the stage this project is at; if there will be an increase in staff and jobs; if it will provide more places to service users; and if he will make a statement on the matter. [36910/16]
Amharc ar fhreagraAs indicated in my reply of 16 November, the proposed project is primarily a matter for the relevant local authority, which would be best placed to provide further information. My Department is not directly involved in the project and accordingly I am not in a position to provide the type of information requested by the Deputy.
176. Deputy John Brady 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) of €5 million resulting in an abolition of fees for parents. [36911/16]
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.
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.
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.
