Michael McGrath
Ceist:156. Deputy Michael McGrath asked the Minister for Education and Skills further to Parliamentary Question No. 409 of 16 September 2016, if there is a further update on this matter. [38140/16]
Amharc ar fhreagraResidential Institutions Redress Scheme
Ceisteanna (156)
Freagraí scríofa
As I explained to the Deputy is response to his previous Parliamentary Question on this subject the terms of reference and the arrangements for the review of eligibility for services which are supported by Caranua are being considered at present. I hope that the matter will be finalised shortly.
Schools Building Projects Status
Ceisteanna (157)
Eamon Scanlon
Ceist:157. Deputy Eamon Scanlon asked the Minister for Education and Skills further to Parliamentary Question No. 52 of 19 October 2016, if his Department has made contact with the education and training board in respect of a proposal submitted by a school (details supplied) to purchase an adjoining site for development; when the school can expect a decision in relation to same; and if he will make a statement on the matter. [38145/16]
Amharc ar fhreagraFreagraí scríofa
I can confirm that my Department has responded to the ETB in question in respect of its proposal to purchase additional land for a substantial extension and refurbishment of the school referred to by the Deputy. A major project for the ETB school referred to is not however included on my Department's 6 year Construction Programme (2016-2021) which is focused on providing essential school accommodation to meet demographic demand. The ETB was advised that it is therefore not possible to provide an indicative timeframe for the progression of a major project for the school in question at this time. However the ETB was advised that it was open to it to submit an application for additional accommodation in respect of the immediate deficits of essential classroom accommodation.
An application in that regard has being received from the ETB, which is currently under consideration. My Department will be in further contact with the ETB concerned in the matter shortly.
School Transport
Ceisteanna (158)
Bobby Aylward
Ceist:158. Deputy Bobby Aylward asked the Minister for Education and Skills if an alternative avenue of complaint exists, away from school transport inspectors, which is available to parents and pupils that wish to raise concerns regarding pick-up and drop-off points; and if he will make a statement on the matter. [38150/16]
Amharc ar fhreagraFreagraí scríofa
School transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 113,000 children, including some 10,000 children with special educational needs, are being 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.
The safety of children travelling on the school transport service is of paramount importance to my Department and to Bus Éireann, which operates the school transport scheme.
Bus Éireann is responsible for the planning and organisation of all services provided under the School Transport Scheme, including the assessment of the suitability of routes and the identification of suitable pick up and drop off points.
There are five Bus Éireann Regional Managers and eleven regional school transport offices where concerns about pick-up and drop-off points may be addressed.
Details of these offices are available on the Bus Éireann website at www.buseireann.ie.
Special Educational Needs Service Provision
Ceisteanna (159)
Michael McGrath
Ceist:159. Deputy Michael McGrath asked the Minister for Education and Skills if there is a statutory basis for the provision of special ASD classes in primary and secondary schools; and if he will make a statement on the matter. [38177/16]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that, Section 2 of the Education for Persons with Special Educational Needs (EPSEN) Act 2004, commenced in 2005, provides for the inclusive education of children with special educational needs in an inclusive environment with children who do not have such needs unless the nature or degree of those needs of the child is such that to do so would be inconsistent with— (a) the best interests of the child as determined in accordance with any assessment carried out under this Act, or (b) the effective provision of education for children with whom the child is to be educated.
Where a child has been assessed as requiring specialist educational provision, in circumstances where the extent of their special educational needs means that education in an inclusive mainstream school placement would be inconsistent with their best interests, or the effective provision of education for other children, my Department makes provision for special class or special school placements.
Special classes are part of a continuum of educational provision that enables students with more complex special educational needs to be educated, in smaller class groups, within their local mainstream schools.
Special classes offer a supportive learning environment to students with ASD who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day. Special classes for students with ASD are staffed with a lower pupil–teacher ratio of 6:1 at primary level and 6:1.5 at post primary level, and also have Special Needs Assistant support normally amounting to 2 SNAs for a class of 6 children.
The sections of the EPSEN Act 2004 which placed the National Council for Special Education (NCSE) on a statutory footing, were also commenced in 2005. The NCSE through its network of local Special Educational Needs Organisers (SENOs), in consultation with the relevant education partners, is responsible for the establishment of special classes in various geographical areas as required.
Progress in developing this network has been significant and in addition to the special school placements there are 1,153 special classes available, which is an increase of over 100% in the number of special classes which were available in 2011, which was 548.
Currently there are 127 ASD early intervention classes, 525 primary ASD classes and 237 post-primary ASD classes, which represents an increase of approximately 16% on the previous school years provision of ASD special classes.
The NCSE continues to engage with schools in opening special classes where there is an identified need for special class provision.
The Education (Admission to Schools) Bill was published on 6th July 2016. The Bill contains a provision which will empower the NCSE to designate a school for a child who has no school place for reasons related to the child’s special educational needs and for the Child and Family Agency to designate a school for a child who has no school place (other than a child with special educational needs).
In line with recommendations from the NCSE in policy advices provided in 2011, it is the policy of the Department to include a Special Needs Unit in the accommodation brief for new school buildings, unless local circumstances indicate that it will not be required. In addition, the Department may also provide capital funding to schools to establish special needs provision e.g. reconfigure existing accommodation to provide a special class where this has been approved or recommended by the NCSE.
The NCSE recently launched guidelines for Boards of Management and Principals of Primary and Post Primary schools which provide information on setting up and organising special classes. These guidelines are available to download from www.ncse.ie.
Schools Health and Safety
Ceisteanna (160)
Mick Barry
Ceist:160. Deputy Mick Barry asked the Minister for Education and Skills the guidelines that exist for teachers in secondary schools that are confronted with physical altercations between students in the classroom, from the point of view of the teacher employing reasonable force to stop an altercation and, conversely, any liability that might be incurred on his or her part for failing to intervene in such a situation; and if he will make a statement on the matter. [38238/16]
Amharc ar fhreagraFreagraí scríofa
The Safety, Health and Welfare at Work Act requires school management authorities in their role as employers to ensure the safety and health of their employees.
The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA).
Circular Letter M18/99 "Guidelines on Violence in Schools" issued by my Department draws the attention of school management authorities to compliance with the Safety, Health and Welfare at Work Act as regards identifying hazards, assessing risks and putting in place appropriate safeguards and preventative measures, the duty of school management authorities to provide a safe environment for employees and other persons present in the school, measures to be taken to prevent or minimise risks of violence, measures to be taken in support of staff who have been assaulted or threatened with assault and ensuring that appropriate action is taken to safeguard against a recurrence.
My Department, in conjunction with the HSA, the State Claims Agency and the School Development Planning Initiative has also published 'Guidelines on Managing Safety and Health in Post Primary Schools' which are available on the HSA website www.hsa.ie.
Teaching Contracts
Ceisteanna (161)
Maureen O'Sullivan
Ceist:161. Deputy Maureen O'Sullivan asked the Minister for Education and Skills , further to Parliamentary Question No. 139 of 17 November 2016, the reason it is not expressly detailed in chapter 5, 5.5 of the terms and conditions of employment for registered teachers in recognised primary and post-primary schools that sitting Members of the Houses of the Oireachtas who are teachers on a career break may not apply to resume teaching duties on a job-sharing basis; and if he will make a statement on the matter. [38247/16]
Amharc ar fhreagraFreagraí scríofa
As already stated in response to Parliamentary Question Nos. 220 and 226 of 29 November 2016, a teacher who is a sitting member of the Oireachtas cannot retain their post on a job-sharing or full-time basis while serving as a member of the Oireachtas. This gives effect to the Government decision of 2011 which revised the employment and pension arrangements for teachers who became Oireachtas members so that any member of the Oireachtas who holds a teaching post in a primary, secondary, community, comprehensive or vocational school would have the option of applying for a career break of up to 10 years. This replaced then existing leave arrangements. The decision also applied to lecturing staff of Institutes of Technology. The December 2015 Government decision extended these career break/unpaid leave provisions to all staff in the education and training sector.
The 2011 Government decision is communicated to school management and teachers in Chapter 4 of the Terms & Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools - Career Break Scheme where it states “The main objectives of this scheme below, which are not exhaustive, is for employers, wherever possible to facilitate applicants in the areas of: ... Public Representation".
The effect of the Government decisions is that the only means by which a person employed in the education and training sector who takes up a seat in the Oireachtas can temporarily take leave from their post and subsequently return to it is through taking a career break/period of unpaid leave.
To permit Oireachtas members to job share in a teaching post whilst still members of the Oireachtas would mean such members receiving two public salaries at the same time. One as a public representative and one as a teacher with consequent reduced hours for the existing replacement teacher.
The reason public representation is not stated in chapter 5 of the Terms & Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools - Job Sharing Scheme is because public representation is already covered in Chapter 4 of the book.
I am aware that a number of Oireachtas members are employed as teachers or at other grades in the education and training sector. The career break/unpaid leave arrangements apply to all such individuals while they are sitting Oireachtas members. I am sure that you, along with all members of the Oireachtas, will appreciate the thinking behind the Government decisions in this matter and to allow an Oireachtas member to job share in a teaching post whilst at the same time attend the Oireachtas as a member would not be in keeping with the Government decision.
Departmental Legal Costs
Ceisteanna (162)
Michael McGrath
Ceist:162. Deputy Michael McGrath asked the Minister for Education and Skills the amount of legal fees paid by his Department in respect of tribunals of inquiry established by the State and any resulting legal actions; if he will provide these broken down by tribunal and by year for 2006 to 2016, in tabular form; and if he will make a statement on the matter. [38453/16]
Amharc ar fhreagraFreagraí scríofa
My Department has not incurred any legal fees in respect of tribunals of inquiry established by the State and any resulting legal actions during the years in question.
Motor Tax Exemptions
Ceisteanna (163)
Bobby Aylward
Ceist:163. Deputy Bobby Aylward asked the Minister for Housing, Planning, Community and Local Government if he will consider introducing tax relief on motor tax for persons providing valuable assistance in view of the significant responsibility which is undertaken by spouses or next of kin of persons suffering from severe visual impairment or sight loss in assisting in transport to medical appointments, everyday errands or otherwise; and if he will make a statement on the matter. [38113/16]
Amharc ar fhreagraFreagraí scríofa
Exemptions in motor tax are provided for in section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 and in regulations made under section 92 of the Finance Act 1989.
Section 1(4)(f) of the 1952 Act (as inserted by section 75(2)(b) of the Finance Act 1991) provides for an exemption for vehicles adapted and used for invalids where the vehicle is less than 400 kilograms in unladen weight, which is the basis of taxation for goods vehicles.
The main scheme for drivers or passengers with disabilities is under section 92 of the 1989 Act. This provides, by way of regulations, for the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme which provides relief from VAT and VRT (up to a limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from motor tax for those eligible for relief under the Scheme. The terms of the Scheme are a matter for the Minister for Finance, following consultation with the Minister for Health and the Minister for Housing, Planning, Community and Local Government. There are no plans to amend the Scheme at this time. In that regard, I refer the Deputy to the response by my colleague, the Minister for Finance, to Question No. 115 of 8 November 2016.##
Motor Tax
Ceisteanna (164)
Niamh Smyth
Ceist:164. Deputy Niamh Smyth asked the Minister for Housing, Planning, Community and Local Government if there are plans to give the entire motor tax income taken in by Cavan and Monaghan county councils on a yearly basis back to the local authorities in full to help maintain roads in both counties; if this will be reviewed in order that councils can be assisted in providing adequate infrastructure in their respective areas; and if he will make a statement on the matter. [38143/16]
Amharc ar fhreagraFreagraí scríofa
Income from motor tax income accrues to the Local Government Fund. With effect from 1 January 2008, responsibility for local and regional roads was transferred to the Department of Transport, Tourism and Sport (DTTaS). An arrangement between my Department and DTTaS provides that funding in respect of roads and sustainable transport infrastructure is channelled from the Local Government Fund to that Department. Responsibility for the allocation of this funding to local authorities is a matter for the Minister for Transport, Tourism and Sport. There are currently no plans to alter these arrangements.
Motor Tax Exemptions
Ceisteanna (165)
Seán Fleming
Ceist:165. Deputy Sean Fleming asked the Minister for Housing, Planning, Community and Local Government the position regarding persons that declare a vehicle off the road in advance of the appropriate period and the vehicle remains off the road for a number of years and they are subsequently sent a bill for road tax; if the original declaration of the vehicle being off the road is adequate; the length of time the declaration lasts; when has the vehicle to be taxed next; and if he will make a statement on the matter. [38144/16]
Amharc ar fhreagraFreagraí scríofa
The Non-Use of Motor Vehicles Act 2013 came into effect on 1 July 2013. The primary purpose of the Act is to replace the system whereby a vehicle was declared off the road retrospectively with a system under which the vehicle must be declared off the road in advance.
The Act provides that a vehicle can be declared off the road for a minimum period of three months and a maximum period of twelve months. Where the owner of a vehicle wishes to make a declaration of non-use, he or she must do so during the final month of an existing tax disc or a previously made declaration of non-use. The Driver and Vehicle Licensing Computer Services Division of the Department of Transport, Tourism and Sport issues renewal notices at the beginning of the final month to remind motorists that a vehicle must be either taxed or declared off the road for a further period.
Where a declaration of non-use is not made in the final month of a tax disc or previously made declaration of non-use, a vehicle must be taxed for the minimum period provided in motor tax legislation, which is three months in the case of the majority of the vehicle fleet and twelve months in the case of vehicles with a concessionary annual tax rate of €119 or less. Arrears of motor tax must also be paid, if applicable, if the vehicle is being taxed more than a month after the disc or the declaration of non-use has expired. A new declaration can then be made at any stage during the final month of the new motor tax disc if the vehicle is thereafter not going to be in use in a public place.
Pyrite Remediation Programme
Ceisteanna (166)
Clare Daly
Ceist:166. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the number of certificates which have been issued to home owners indicating that their properties are pyrite free, having completed the remediation scheme and being deemed to not require remediation; and if he will make a statement on the matter. [38087/16]
Amharc ar fhreagraFreagraí scríofa
The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency. The pyrite remediation scheme is a remedial works scheme of “last resort” and is limited in its application and scope to dwellings which have significant damage attributable to pyritic heave.
All works under the pyrite remediation scheme are completed to the requirements of I.S. 398-2:2013 - Reactive pyrite in sub-floor hardcore material - Part 2: Methodology for remediation works by competent builders and are overseen by design professionals in accordance with the requirements of the Board and the Housing Agency.
At the end of the remediation works, each dwelling is provided with a Certificate of Remediation for Reactive Pyrite in Sub-floor Hardcore Material which is completed jointly by the relevant builder and the design professional in accordance with Annex B to I.S. 398-2:2013. The certificate confirms that the dwelling has been remediated to the requirements set out in the national standard. A total of 512 dwellings have been completed under the scheme to date and would be in the process of receiving certificates of remediation. Where a certificate of remediation has been provided in respect of a dwelling, a green certificate would be neither applicable nor required.
Neither the Pyrite Resolution Board nor the Housing Agency issue green certificates under the pyrite remediation scheme; green certificates relate to the testing of the subfloor hardcore material of dwellings in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. A green certificate is issued by a competent professional in respect of a dwelling where the hardcore is classified as Category A (negligible risk) and is shown not to be susceptible to expansion. Where a homeowner wishes to carry out testing on a dwelling in order to confirm the presence or otherwise of reactive pyrite in the subfloor hardcore material, the standard provides an objective, reliable and robust means by which such a dwelling can be tested and categorised by the homeowner.
Water and Sewerage Schemes
Ceisteanna (167)
Pearse Doherty
Ceist:167. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government if he has responded to the reasoned opinion issued by the European Commission in September 2016 in respect of a waste water collection system for the Gaoth Dobhair agglomeration in County Donegal; the contents of this response including the remedial actions being considered to address this infringement;; and if he will make a statement on the matter. [38091/16]
Amharc ar fhreagraFreagraí scríofa
Ireland responded to Reasoned Opinion 2013/2056 on 28 November 2016 based on material prepared by my Department. The Reasoned Opinion outlines alleged failures in relation to approximately 40 specified agglomerations with regard to urban waste water treatment and collection. The response fully addresses the issues raised by the Commission, in terms of overall progress in the delivery of urban waste water treatment and collection. It also provides detailed information on planned remedial works, including timeframes, at an agglomeration specific level.
In relation to Gaoth Dobhair, this is an extensive rural area where development of one-off housing has taken place at above normal levels. Properties are generally serviced by individual waste water treatment systems i.e. septic tanks or similar type arrangements.
My Department is currently working with both Irish Water and Donegal County Council to ensure that a sustainable and cost-effective solution for the collection and treatment of sewage is developed for Gaoth Dobhair.
I envisage that consultation with the local community on a proposed approach will begin in early 2017.
Local Authority Funding
Ceisteanna (168)
David Cullinane
Ceist:168. Deputy David Cullinane asked the Minister for Housing, Planning, Community and Local Government if local authorities are required under legislation to fund the Eastern and Midland Regional Assembly, the Association of Local Government and the Local Authority Members Association; if so, the reason local authorities are required to fund these bodies; and if he will make a statement on the matter. [38132/16]
Amharc ar fhreagraFreagraí scríofa
The Eastern and Midland Regional Assembly was established with effect from 1 January 2015, along with two other regional assemblies, under the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014.
Article 57 (11) of the Order provides that the unrecouped expenses of a regional assembly incurred in accordance with its adopted budget shall be refunded to the assembly by the constituent local authorities in proportion to the populations of their respective functional areas. The functions of the assemblies are set out in the Order.
Sections 225 and 226 of the Local Government Act 2001, as amended, provide that a local authority may hold membership of an association of local authorities and that a member of a local authority may, in his or her own right, hold membership of the association known as the Local Authority Members’ Association. These sections also provide that local authorities may make annual contributions to the funding of such associations within the context of the relevant legislative provisions.