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Thursday, 2 Feb 2017

Written Answers Nos. 134 - 148

Special Educational Needs Service Provision

Ceisteanna (134)

Dara Calleary

Ceist:

134. Deputy Dara Calleary asked the Minister for Education and Skills the way in which resource hours are to be allocated to primary and post-primary schools as per changes to the scheme announced recently; if the new arrangements will take into account scenarios whereby a school intakes additional students requiring resource hours; and if he will make a statement on the matter. [5024/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that on 18 January last, I announced that a new model for allocating Special Education Teaching Resources to mainstream primary and post primary schools will be introduced from September 2017.

I also announced that an additional 900 teaching posts will be provided to support the introduction of this new allocation model.

This substantial additional provision will ensure that:

- Up to 1,000 schools will receive additional allocations, where the new model indicates additional need.

- No school will receive an allocation of resources less than the allocation they received in the 2016/17 school year.

The provision of an additional 900 teaching posts is a very significant investment in the provision of teaching support for pupils with special educational needs in our schools.

It will ensure that all schools receive a sufficient allocation of special education needs resources to provide additional teaching support to all pupils in their school who require such support.

Under the new allocation model schools which will be provided with total allocation which includes a baseline allocation for the school and an allocation based on the school profile.

The provision of a profiled allocation will give a fairer allocation for each school which recognises that all schools need an allocation for special needs support, but which provides a graduated allocation which takes into account the actual level of need and pupils in each school.

Schools will be frontloaded with resources, based on each schools profile, to provide supports immediately to those pupils who need it without delay. This will reduce the administrative burden on schools as schools will no longer have to complete an application process annually and apply for newly enrolled pupils who require resource hours.

Children who need support can have that support provided immediately rather than having to wait for a diagnosis.

Schools will therefore no longer have to make applications, for newly enrolled pupils for whom resource teaching hours may have been provided under the old model, as school will now a single allocation for all of their special education teaching needs, based on their school size and profile.

It should be noted that this is a brand new model of allocation and is not comparable to the existing model. By using a broad range of attainment and socio-economic criteria, it is expected that generally, a school’s profile will remain relatively constant from year to year. Each year, some students with additional teaching needs will leave and others will enrol, broadly balancing the school profile. Resources allocated under this model will not normally be adjusted between allocations.

The model will, however, allow for some exceptionality for exceptional circumstances or where a school’s enrolment levels increase very substantially prior to the next review of the model. The Inclusion Support Service, established under the National Council for Special Education will support schools in managing their special education teaching allocations in the first instance. Only in very exceptional circumstances, where it can be demonstrated that the schools profile has changed very significantly since the allocation was made to the school, may an additional allocation of hours be made to the school.

Question No. 135 answered with Question No. 101.

Student Universal Support Ireland

Ceisteanna (136)

Bernard Durkan

Ceist:

136. Deputy Bernard J. Durkan asked the Minister for Education and Skills if a higher education grant is available in respect of a third level college place in the case of a person (detail supplied); and if he will make a statement on the matter. [5139/17]

Amharc ar fhreagra

Freagraí scríofa

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter.

Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. Staff in SUSI are responding to email queries within a matter of days.

If an individual applicant considers that she/he has been unjustly refused a student grant or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI.

Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board within the required timeframe.

Apprenticeship Data

Ceisteanna (137)

Niall Collins

Ceist:

137. Deputy Niall Collins asked the Minister for Education and Skills the number of apprentices, including traineeships, projected to be in training by employment sector and subsector, in each of the years 2017 to 2020 in tabular form; the budget allocation in 2017 for State-funded apprenticeships; and if he will make a statement on the matter. [5205/17]

Amharc ar fhreagra

Freagraí scríofa

The data requested by the Deputy is set out in the tables. At this stage, it is not possible to give an accurate breakdown of the forecast population in new apprenticeships on a sectoral basis. The Apprenticeship Council is continuing to work with consortia in developing a wide variety of proposals in various sectors of the economy made through the first call for proposals. In addition, the Council will issue a new call for proposals in early 2017 which, when proposals are received, will also shape the sectoral breakdown of these new apprenticeships. The recently published Action Plan to Expand Apprenticeships and Traineeships sets out annual target registrations for the period to 2020. A forecast population for new apprenticeships is set out on Table 2 based on these forecast registrations and an average duration of programmes. A clearer picture with regard to the population of new apprenticeships will only become evident when these programmes are operational for a number of years and accurate statistical data can be interrogated to produce a formal forecasting tool.

SOLAS do not yet have projected numbers in traineeship by employment sector for 2017. Set out in Table 3 is forecast enrolments for traineeships for the period 2017 to 2020 as set out in the action plan. The 2017 budget allocation for apprenticeships is €98.7m.

Table 1 - Craft Apprenticeships Population by Industrial Sector

Year

Construction

Electrical

Motor

Engineering

Printing

Overall Total

Population December 2017

3,324

5,400

2,684

2,162

12

13,582

Population December 2018

4,557

6,271

2,991

2,420

4

16,243

Population December 2019

5,969

7,092

3,186

2,709

-

18,956

Population December 2020

7,643

7,643

3,414

3,029

-

21,729

Table 2 – Forecast population for new apprenticeships

Year

Forecast population

Population December 2017

882

Population December 2018

2,370

Population December 2019

3,994

Population December 2020

6,069

Table 3 - Forecast enrolments for traineeships

Existing traineeships

2017

2018

2019

2020

Number of new enrolments per annum

2,400

3,000

3,500

3,500

New/reactivated traineeships

Planned new enrolments per annum

200

900

1,500

1,500

Total target trainee enrolments p.a.

2,600

3,900

5,000

5,000

International Education

Ceisteanna (138)

John Lahart

Ceist:

138. Deputy John Lahart asked the Minister for Education and Skills the budget set aside by his Department or any other Department for 2017 for the promotion of Ireland and Dublin as a base for the education of international students in the English language; and if he will make a statement on the matter. [5219/17]

Amharc ar fhreagra

Freagraí scríofa

My Department provided funding of €27,495 to Marketing English in Ireland, a representative body from the English Language Training sector, last year to employ a student officer to assist them with their promotion efforts.

In October 2016, I launched Irish Educated, Globally Connected An International Education Strategy for Ireland, 2016-2020. Additional funding of €1.5 million was provided to my Department in Budget 2017 to drive forward the actions within the new International Education Strategy.

As part of the strategy, Enterprise Ireland (EI), under the Education in Ireland brand, will assume the lead role in promoting Ireland as a location to the Non-EU Adult English Language Training sector. This will happen as soon as the International Education Mark (IEM) is in place, which is envisaged to be in 2018. The promotion of the Non-EU Adult ELT sector by EI will require additional resources to fund these activities including potentially the costs of a market adviser and new in country pathfinders. EI will likely utilise some of its funding for international education promotion to research and prepare for their role in these markets this year.

Departmental Communications

Ceisteanna (139)

Michael McGrath

Ceist:

139. Deputy Michael McGrath asked the Minister for Education and Skills if he or any Minister of State in his Department uses a personal e-mail account for work purposes; the security controls that are in place relating to the use of personal e-mail accounts for Department related business; if his Department has a policy on this matter; and if he will make a statement on the matter. [5252/17]

Amharc ar fhreagra

Freagraí scríofa

Non-sensitive official information has been sent to my personal email address on occasion in the past. Material was usually sent to my personal email where I was not accompanied by a member of staff, and where there was an urgent need to communicate information to me, often in advance of media appearances. The use of a personal email address is no longer necessary as a private Department of Education and Skills email address has been installed on my various mobile devices.

The Minister of State in my Department does not use a personal email for work purposes.

Commencement of Legislation

Ceisteanna (140)

Róisín Shortall

Ceist:

140. Deputy Róisín Shortall asked the Minister for Education and Skills the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5267/17]

Amharc ar fhreagra

Freagraí scríofa

The information that the Deputy has requested is set out in tabular form as follows.

Act

Sections yet to be commenced

Details

Teaching Council Act 2001

Sections 39

This section relates to the continuing education, training and professional development of teachers. In relation to commencement, regard will be had to the development by the Teaching Council of Cosán, the national framework for teachers’ learning.

Education (Miscellaneous Provisions) Act 2007

Sections 1, 2, 4, 6-8.

Section 1 relates to definitions. Section 2 relates to a textual amendment of a definition contained in the Education Act 1998. Section 8 relates to the sanction of expenses incurred in the administration of this Act.

Sections 4 and 6 of this Act which relate to the Section 29 Appeal process have not been commenced. After this Act was published, there were also a number of important High Court judgements made in relation to Judicial Review cases which impacted on the work of Section 29 Appeal Committees.

It is intended to re-examine these provisions of the Education (Miscellaneous Provisions) Act 2007 as part of proposed changes to Section 29 of the Education Act, 1998.

Section 7 of the Act refers to an order to be made with regard to the transfer of the Crawford Art Gallery from Cork City VEC (now Cork Education and Training Board) to the Commissioners of Public Works in Ireland. Matters relating to the transfer are the subject of ongoing discussions between this Department and the Department of Arts Heritage Regional Rural & Gaeltacht Affairs.

Student Support Act 2011

Sections 1, 8(3) & 16(5)

The Student Support Act 2011 provides a single statutory basis for all student grants to replace four different schemes that were operated by local authorities and VECs.

The Act provides the power to prescribe courses that do not require attendance by a student on a full-time basis to be an approved course. This power enables the Minister, if there are compelling reasons and adequate resources to do so, to consider extending the circumstances where a student may be eligible for a grant where attending an approved course on a part-time basis.

The potential costs of any such policy change will be a decisive factor and the consent of the Minister for Public Expenditure and Reform will be required for any proposed change.

Residential Institutions Statutory Fund Act 2012

Section 43

Section 43 relates to the setting up of a special account for moneys received under Section 42 of the Act in relation to relevant costs. To date the provision has not been required and there are no immediate plans to commence the provision.

Education for Persons with Special Educational Needs Act 2004

Sections 3-13, 14(1)(b), 14(1)(d), 14(1)(e), 14(1)(f), 15-18, 38 and 39

The sections of the EPSEN Act that have not yet been commenced are those mainly concerned with the assessment of need, the preparation and review of individual education plans and the associated appeals provisions in relation to these areas. A small number of sections refer to interaction between the NCSE and the health services.

The NCSE published a Plan for the Implementation of the EPSEN Act in 2006. This report concluded that additional investment over a period of years of up to €235m per annum, across the education and health sectors, would be required to fully implement the EPSEN Act. Due to the very significant costs involved, the full implementation of the Act was deferred.

While awaiting the full implementation of the EPSEN Act, the NCSE has published a number of policy advice papers including ‘Supporting Students with Special Educational Needs in Schools’ (2013) and the Report of the NCSE Working Group: ‘Proposed New Model for Allocating Teaching Resources for Students with Special Educational Needs’ (2014).

It is intended to bring into effect many of the good ideas contained in the EPSEN Act, on a non-statutory basis initially, through policy developments, including the introduction of the New Resource Teacher Allocation Model.

Supervision and Substitution Scheme

Ceisteanna (141)

Tony McLoughlin

Ceist:

141. Deputy Tony McLoughlin asked the Minister for Education and Skills if supervision of lunchtime detention can be counted as part of a full-time permanent teacher's class contact hours requirement for the purpose of claiming incremental salary; and if he will make a statement on the matter. [5284/17]

Amharc ar fhreagra

Freagraí scríofa

Supervision and substitution duties are core duties for all teachers since the Haddington Road Agreement. A limited group of teachers were allowed to opt-out of the duties in return for a pay reduction. Department Circular 0006/2014 states that with effect from the beginning of the 2013/14 school year, participation in the Supervision and Substitution scheme will be compulsory for all teachers, save for those who avail of the opt-out arrangement.

Under public service pay agreements, the allowance which was previously payable for Supervision and substitution duties is being incorporated into the teacher pay scale in two moieties – the first on 1 September 2016 and the second on 1 September 2017. Participation in this scheme is additional to existing teacher class contact hours.

School Equipment

Ceisteanna (142)

Tony McLoughlin

Ceist:

142. Deputy Tony McLoughlin asked the Minister for Education and Skills if community and comprehensive schools are required to appoint an external person or body to audit, verify and assess school equipment such as computers, desks, chairs, lockers and so on, in order to stock-take for a school; if so, the processes or procedures he has put in place regarding the appointment of such assessors; and if he will make a statement on the matter. [5285/17]

Amharc ar fhreagra

Freagraí scríofa

Community and comprehensive schools are not required to appoint an external person or body to audit, verify or assess school furniture and equipment for stock taking purposes.

Mortgage to Rent Scheme Data

Ceisteanna (143)

Michael McGrath

Ceist:

143. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government the number of applications to the mortgage to rent scheme that were or have not been completed since the introduction of the scheme; and if he will make a statement on the matter. [5103/17]

Amharc ar fhreagra

Freagraí scríofa

Up to 31 December 2016, a total of 3,575 cases have been submitted under the Mortgage to Rent (MTR) Scheme, which was introduced in 2012 for borrowers of private commercial lending institutions. Of these, 2,723 were ineligible or terminated during the process, 217 have been completed with 635 being actively progressed. The reasons why a case has not progressed are varied and can depend on the lender, the property, the household and the ability of the Approved Housing Body sector to increase their involvement in the scheme.

Statistical information relating to the Mortgage to Rent Scheme since its inception, including statistics on cases that have been terminated and the reasons for same, is available on the Housing Agency’s website at the following weblink: https://www.housingagency.ie/Our-Services/Housing-Supply-Services/Mortgage-to-Rent.aspx.

A number of amendments were made to the MTR Scheme in July 2015 to enable more properties to qualify and to make the scheme more flexible and accessible to borrowers.

Notwithstanding the amendments already made, the Government is committed to supporting households in long-term mortgage arrears to remain in their homes and included a review of the MTR Scheme as an action in Rebuilding Ireland: An Action Plan for Housing and Homelessness. The review of the Mortgage to Rent scheme is now being finalised and I expect it will recommend a number of changes to the current scheme to make it work better for borrowers.

Private Rented Accommodation Evictions

Ceisteanna (144)

Jan O'Sullivan

Ceist:

144. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government the most recent figures for cases of evictions in County Waterford; the action he is taking to prevent families from losing their homes; and if he will make a statement on the matter. [4956/17]

Amharc ar fhreagra

Freagraí scríofa

On 13 December 2016, Government approved the publication of a Strategy for the Rental Sector, which delivers on a commitment made under Pillar 4 of Rebuilding Ireland. The strategy is structured around 4 key areas: security, standards, supply and services. The measures under these four headings will be implemented through the 29 actions contained in the Strategy.

One of the measures contained in the Strategy is the introduction of a Rent Predictability Measure. This is a new provision that will moderate the rise in rents in the parts of the country where rents are highest and rising fastest. In these areas, called Rent Pressure Zones, rents will only be able to rise by a maximum of 4% annually. The rent predictability measure addresses the major threat to tenant security. Where tenants cannot afford their rents, their tenancies are not secure and evictions for non-payment of rent may ensue.

The Planning and Development (Housing) and Residential Tenancies Act 2016 introduced the Rent Predictability Measure with effect from 24 December 2016. This measure was applied immediately to Dublin and Cork city because they already meet the criteria for a Rent Pressure Zone. A further 12 Local Electoral Areas were designated as Rent Pressure Zones on 27 January 2017.

The Planning and Development (Housing) and Residential Tenancies Act 2016 also gives effect to other actions to address tenants’ security:

- The abolition of a landlord’s right, during the first 6 months of a further Part 4 tenancy, to end that tenancy for no stated ground;

- The extension of the term of Part 4 tenancies from 4 to 6 years;

- Where a landlord proposes to sell 10 or more units within a single development at the same time, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances.

My Department does not hold or collate figures on cases of evictions in the private rented sector.

Social and Affordable Housing Applications Data

Ceisteanna (145)

John Curran

Ceist:

145. Deputy John Curran asked the Minister for Housing, Planning, Community and Local Government the original date of application for each application for social housing made to his Department; the number of units in each application; the status of each application; when construction commenced or is due to commence; when each development is expected to be completed or has been completed, by local authority, in tabular form; and if he will make a statement on the matter. [5000/17]

Amharc ar fhreagra

Freagraí scríofa

At the Joint Oireachtas Committee on Housing, Planning, Community and Local Government on Wednesday, 18 January 2017, my Department indicated that details of all approved social housing projects are being updated and would be published in conjunction with the next Rebuilding Ireland quarterly implementation report, which is due in the coming weeks. The list will also be provided to the Committee and made available on the Rebuilding Ireland website.

Departmental Reports

Ceisteanna (146)

Eoin Ó Broin

Ceist:

146. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government when the report from the expert panel established to investigate problems that have emerged with concrete block work in counties Donegal and Mayo will be published; and if he will ensure that the full report and recommendations as submitted to him will be published. [5031/17]

Amharc ar fhreagra

Freagraí scríofa

An expert panel on concrete blocks was established by my Department in April 2016 to investigate the problems that have emerged in the concrete blockwork of certain dwellings in Donegal and Mayo. The panel have the following terms of reference:

(i) To identify, insofar as it is possible, the numbers of private dwellings which appear to be affected by defects in the blockwork in the Counties of Donegal and Mayo;

(ii) To carry out a desktop study, which would include a consultation process with affected homeowners, public representatives, local authorities, product manufacturers, building professionals, testing laboratories, industry stakeholders and other relevant parties, to establish the nature of the problem in the affected dwellings;

(iii) To outline a range of technical options for remediation and the means by which those technical options could be applied; and

(iv) To submit a report within six months.

The expert panel on concrete blocks met on eleven occasions since it was first established and a similar number of meetings have taken place with key stakeholders, including affected homeowners, the elected members of Donegal and Mayo County Councils, local authority officials, industry bodies, academics, public representatives and other interested parties. A substantial volume of information has been provided by affected homeowners in both counties, as well as from Donegal and Mayo County Councils; additional information was also provided through the consultation process.

The panel are now in the process of finalising their report which is anticipated shortly. In this regard, I will await the outcome of the panel’s report before considering what further actions may be required to assist the parties directly involved in reaching a satisfactory resolution to the problems that have emerged in the two counties. Following my consideration of the report, the arrangements necessary for publication will be made.

Control of Dogs

Ceisteanna (147)

Clare Daly

Ceist:

147. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Questions Nos. 511 and 513 of 17 January 2017, if he will clarify that if a conflict exists between Irish law and EU law, then EU rules on procurement prevail. [5041/17]

Amharc ar fhreagra

Freagraí scríofa

Under the Control of Dogs Acts, local authorities have responsibility for operating and managing dog control and licensing services in their administrative areas, including the management of dog pounds or shelters and my Department has no involvement in this process.

The procurement of any service in that regard, therefore, is a matter for each local authority, and the management and operation of such pounds or shelters are matters solely for the relevant local authority and one in which my Department has no role.

Accordingly, it is a matter for each local authority to ensure that it is compliant with all relevant national and EU legislation.

Private Rented Accommodation

Ceisteanna (148)

Catherine Murphy

Ceist:

148. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government his plans to introduce measures to address the issue of landlords seeking bids on advertised rents from prospective tenants; and if he will make a statement on the matter. [5081/17]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies Acts 2004 to 2016 regulate the landlord-tenant relationship in the private rented residential sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The Residential Tenancies Act 2004 provides that rents may not be greater than the market rent. Market rent is defined in the Residential Tenancies Acts as the rent a willing tenant would give and a willing landlord would take for the dwelling concerned, having regard to the other terms of the tenancy and the letting values of dwellings of a similar size, type, and character and situated in a comparable area. Tenants may refer a complaint to the RTB where they feel the rent set under a tenancy, either at the start of a tenancy or through a rent review, is in excess of the market rent. These provisions have effect notwithstanding any provision to the contrary in a lease or tenancy agreement.

The Strategy for the Rental Sector, published on 13 December 2016, identifies high and rapidly rising rents as the key driver of accommodation insecurity for tenants and a factor in the termination of tenancies. To address this situation, the Rental Strategy introduced a Rent Predictability Measure to moderate rent increases in those parts of the country where the imbalance between demand and supply of rental accommodation is driving rent levels upwards most acutely.

The Planning and Development (Housing) and Residential Tenancies Act 2016 gave effect to, and provided for the immediate implementation of, the Rent Predictability Measure. Areas of the country satisfying the statutory criteria will be designated as Rent Pressure Zones and rent increases in those areas are generally capped at 4% per annum for a period of 3 years. The measure was introduced with immediate effect in the four Dublin Local Authority areas and in Cork City. A further 12 Local Electoral Areas were designated as Rent Pressure Zones on 27 January 2017.

The provisions limiting rent increases in rent pressure zones apply both at the commencement of a tenancy and at each rent review. In addition, at the beginning of a tenancy, there is a statutory obligation on a landlord in a rent pressure zone to provide a tenant with details of the rent under the previous tenancy of the dwelling, together with a statement as to how the new rent has been calculated. The purpose of this provision is to allow a tenant to ensure that their rent complies with the legislation. The existing prohibition on charging a rent above market rent continues to apply in all areas.

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