Written Answers Nos. 306 - 316
306. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport his views on the extent of the powers of physical detention and ejection held by revenue protection and security staff employed by Irish Rail; and the recourse a customer has if they feel those powers were exceeded. [10669/17]
Amharc ar fhreagraThe issue raised is a matter for Iarnród Éireann and I have forwarded the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a response within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
307. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the status of a sports capital grant (details supplied); and if he will make a statement on the matter. [10758/17]
Amharc ar fhreagraI can confirm that an application has been submitted by the organisation referred to by the Deputy under the 2017 Sports Capital Programme.
All of the 2320 applications received under the 2017 Sports Capital Programme will be assessed by officials in my Department over the coming months. An announcement regarding allocations will be made later this year.
308. Deputy Kevin O'Keeffe asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 645 of 14 February 2017, if he will put in place US border preclearance at Cork Airport as is in place in both Dublin and Shannon airports; his views on the fact that there is now a business case for such a facility in view of the fact that the US Department of Transportation has granted a licence to a company (details supplied) to operate the first direct transatlantic flights between Cork and the United States. [10759/17]
Amharc ar fhreagraAs indicated in my reply to Question 645 of 14 February 2017, there are no plans to establish a preclearance facility at Cork Airport. There is no business case for such a facility.
309. Deputy Kevin O'Keeffe asked the Minister for Jobs, Enterprise and Innovation the position regarding a work permit application by a person (details supplied). [10509/17]
Amharc ar fhreagraA General Employment Permit application was received in respect of the named individual on the 4th April 2016. This application was refused on the 4th May 2016 on the grounds that the supporting documentation submitted in support of the application did not meet the all of the requirements as set out in the Employment Permits Regulations with regard to the market test. A request for a review of this decision was received on the 30th May 2016. The application was forwarded to the Authorised Officers in the Workplace Relations Commission for a workplace inspection. A selection of all employment permit applications are forwarded for inspection to the Workplace Relations Commission prior to a decision being made. The report from the Authorisied Officer has now been received, the review of the decision to refuse the application will be examined and a decision will be made as soon as possible.
310. Deputy Jackie Cahill asked the Minister for Jobs, Enterprise and Innovation her views on granting negotiation rights and access to the Workplace Relations Commission and the Labour Court for public sector pensioners; and if she will make a statement on the matter. [10646/17]
Amharc ar fhreagraAccess to the industrial relations machinery of the State is governed by the definition of “worker” in Section 23 of the Industrial Relations Act 1990, which provides, inter alia, that a “worker” means any person aged 15 years or more who has entered into or works under a contract with an employer.
In addition, Section 3 of the Industrial Relations Act 1946 provides that a dispute between a worker and an employer only arises if it is connected with the employment, non-employment or the terms of the employment or with the conditions of employment of any person.
Legal advice received by the Labour Court on a number of occasions suggests that a person who is retired cannot be regarded as a worker and cannot be party to a trade dispute capable of investigation by the Court. Where a person is retired they cannot have a dispute concerning their employment or non-employment. The Court is, however, entitled to investigate a matter which arose prior to an individual’s retirement and which was referred to the Labour Relations Commission or Labour Court prior to the individual’s retirement.
Access of individual former employees to the industrial relations machinery of the State under the Industrial Relations Acts, where they have not referred their claim prior to their retirement, was extended by the Industrial Relations (Amendment) Act 2015. This was done by means of an amendment to Section 26 of the Industrial Relations Act 1990. Such access is limited to 6 months from the date employment ceased. This may be extended to a further 6 months if reasonable cause is shown.
311. Deputy Michael D'Arcy asked the Minister for Children and Youth Affairs if a person (details supplied) can avail of home schooling; if so, the steps they can take to apply; and if she will make a statement on the matter. [10599/17]
Amharc ar fhreagraUnder the Education (Welfare) Act, 2000 every child being educated in a place other than a recognised school must be registered with Tusla. The process of registration involves assessment by Tusla of the education that is being provided to the child.
This is a legal obligation on the part of parents/guardians who wish to home educate a child who has reached the age of 6 and is not older than 16 or if the child in question is aged 16, has not completed 3 years of post-primary education and has not yet reached the age of 18.
As part of the registration process a parent must complete a Home Education application form with consent of both parents and provide a copy of the birth certificate for the child in question. Once completed this form must be sent to the Registration Section of the Alternative Education Assessment and Registration Service and the address is set out below:
Tusla
Registration Section of the Alternative Education Assessment & Registration Service
Brunel Building
Heuston South Quarter, Dublin 8.
As part of the registration process, Tusla will arrange for an Authorised Person to carry out an assessment of the education that is in place or proposed for the child. Further details are available in the Guidelines on the Assessment of Education in Places Other Than Recognised Schools prepared and issued by the Department of Education and Skills. Tusla will contact applicants about the assessment in due course.
312. Deputy Jan O'Sullivan asked the Minister for Children and Youth Affairs her plans to introduce amending legislation to the Child Care Act 1991 to address the fact that there is no specific provision within the Act to provide for Tusla to conduct assessments of abuse perpetrated against children, which was raised at the Oireachtas Committee on Children and Youth Affairs recently; and if she will make a statement on the matter. [10563/17]
Amharc ar fhreagraThe Child and Family Agency's powers to investigate allegations of abuse derive from section 3 of the Child Care Act, 1991. Section 3 states as follows:
" (3) (1) It shall be a function of the Child and Family Agency to promote the welfare of children who are not receiving adequate care and protection.
(2) In the performance of this function, the Child and Family Agency shall—
(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children;
(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—
(i) regard the welfare of the child as the first and paramount consideration, and
(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and
(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.”
This statutory framework provides Tusla with the authority and obligation to investigate allegations of concern. This position is reflected in case law. For example, the High Court judgement of Mr. Justice Barr in MQ vs Gleeson accepted that there was a duty on the health board [now Child and Family Agency] to investigate allegations of child abuse and the judgement effectively set out the parameters of that statutory duty. Judge Barr also found that the duty imposed on the Health Board [now Child and Family Agency] related not just to ‘at risk’ children who were identified or identifiable but also to children who may be subject to a specific potential future risk.
The Child and Family Agency is, of course, required to take full account of natural justice and the constitutional rights of the accused in the assessment of allegations of abuse. In this context, and in order to assist staff in fulfilling the Agency's obligations under section 3, I am advised that an internal protocol has been developed, by Tusla, which sets out the policy and procedures for staff to follow when responding to allegations of child abuse and neglect.
My Department is currently conducting a scoping exercise which will inform the review of the Child Care Act 1991. This review includes identifying areas which need to be revised or up-dated to reflect current practices and to respond to current needs. Consideration of the operation of section 3 will form part of this review. My Department will continue to monitor closely any developments arising from case law and will respond appropriately should the need arise.
313. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs her views on a matter (details supplied) regarding child care; and if she will make a statement on the matter. [10672/17]
Amharc ar fhreagraQuality assurance will be an absolute prerequisite for participation in the Affordable Childcare Scheme. The Scheme will be open to all Tusla-registered childcare providers. In the Heads of Bill and General Scheme for the Affordable Childcare Scheme Bill, it is also proposed that the legislation should allow for the possibility of additional categories of childcare provider to access the scheme, including childminders who are currently exempt from the Early Years Regulations and standalone afterschool services, provided that such providers meet quality criteria that are to be specified in accordance with the legislation. While it is proposed that the legislation should allow for this possibility, no decisions have yet been made on whether, when or by what criteria specified groups of non-registered providers might access the Scheme. The issue will be further considered during the process of drafting legislation and in consultation with stakeholders.
My colleague Minister Bruton and I will shortly publish an Action Plan on School Age Childcare which will include actions relating to the development of quality standards for the school age childcare sector, as well as the establishment of a Working Group to recommend a robust quality assurance system for centre-based school age childcare settings.
314. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence the reason seven years after the court of arbitration ruled in favour of a weekly €50 increase for members of the Army Ranger Wing, ARW, to be paid retrospectively back to 2006, the ARW is still awaiting payment of this pay rise; and the steps he will take to resolve this matter. [10662/17]
Amharc ar fhreagraOn 27 September 2010 the Adjudicator under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force awarded an increase in the Army Ranger Wing allowance. This award is backdated to 1 June 2006.
The Adjudicator’s Findings cannot be implemented having regard to the provisions of Sections 2 and 5 of the Financial Emergency Measures in the Public Interest (No 2) Act 2009.
This adjudication is part of the outstanding adjudication findings covered under paragraph 1.16 of the Public Service Agreement 2010-2014. Paragraph 5.3 of the Public Service Stability Agreement 2013-2018, known as the Lansdowne Road Agreement, states that “The Parties have agreed that any outstanding adjudications as referred to in paragraph 1.16 of the Public Service Agreement 2010-2014 will be reviewed jointly by the Parties prior to the expiry of this agreement.” The review mechanism is the subject of ongoing consideration in the Department of Public Expenditure and Reform.
315. Deputy Mick Barry asked the Taoiseach and Minister for Defence the number of days leave for each of the years 2010 to 2016 that have been surrendered to the State on foot of paragraph 16 of Defence Force Regulation A11, which limits an annual carry over to 19 days regardless of whether members of the Defence Forces can actually avail of their leave entitlement due to tours of duty, leave cancellation and post tour rest and recuperation. [10670/17]
Amharc ar fhreagraUnfortunately, it has not been possible to compile the information requested in the time available. My officials are working with the military authorities to obtain the information which will be forwarded to the Deputy as soon as it is available.
316. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence if any new respirators or similar equipment has been procured for Casement Aerodrome, Baldonnel, to date in 2017. [10737/17]
Amharc ar fhreagraNo respirators have been procured to date in 2017 for Casement Aerodrome, Baldonnel.
I am advised that the Air Corps purchases Respiratory Protection Equipment on an as required basis, which ensures a supply in stores at all times. The Air Corps most recently purchased Respiratory Protection Equipment in June 2016 and December 2016 as a routine stock replenishment measure.
