Written Answers Nos. 45-67
45. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the legislative proposals published by her Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by her Department that did not undergo a regulatory impact assessment; and if she will make a statement on the matter. [11156/17]
Amharc ar fhreagra46. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if regulatory impact assessments for legislative proposals published by her Department include impacts (details supplied); the impact categories not included; and if she will make a statement on the matter. [11171/17]
Amharc ar fhreagraI propose to take Questions Nos. 45 and 46 together.
The information requested by the Deputy is provided in the following table. I am informed that the preparation of each Regulatory Impact Assessment is guided by the Department of the Taoiseach's Revised RIA Guidelines. The guidelines state that the following impacts must be considered as part of the process:
- National competitiveness
- The socially excluded and vulnerable groups
- The environment
- Whether there is a significant policy change in an economic market, including consumer and competition impacts
- The rights of citizens
- Compliance Burden
- North-South and East-West Relations.
However, this list is indicative only and if other specific impacts arise in the context of proposals, these also fall to be considered as part of the process. In addition, not all impacts are relevant to every legislative proposal/RIA and so they are only applied as considered relevant to each case. The guidelines also set out the various exceptions to the requirement for a Regulatory Impact Assessment. If the Deputy requires further detail regarding the relevant impacts considered in respect of any specific RIA, the published documents are available on my Department’s website www.justice.ie.
|
Name of Legislation |
Date Published |
RIA (Y/N) |
|
Criminal Justice (Victims of Crime) Bill 2106 |
29 December 2016 |
Yes |
|
Courts (No. 2) Bill 2016 |
21 December 2016 |
Yes |
|
Bail (Amendment) Bill 2016 |
08 December 2016 |
Yes |
|
Judicial Appointment Commission Bill 2016 |
06 December 2016 |
Yes |
|
Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 |
22 July 2016 |
No |
|
Commission of Investigation (IBRC) Bill 2016 |
29 June 2016 |
No |
|
Proceeds of Crime (Amendment) Bill |
28 June 2016 |
No |
|
General Scheme for the Equality/Disability (Miscellaneous Provisions) Bill |
01 March 2016 |
Yes |
|
Criminal Justice (Offences Relating to Information Systems) Bill 2016 |
19 January 2016 |
No |
|
General Scheme Paternity Leave Bill |
01 January 2016 |
Yes |
|
The Courts Act 2015 |
20 December 2015 |
No |
|
Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2014 |
18 December 2015 |
Yes |
|
Bankruptcy (Amendment) Bill 2015 |
09 December 2015 |
No |
|
Prisons Bill 2015 |
01 December 2015 |
No |
|
International Protection Bill 2015 |
17 November 2015 |
Yes |
|
Criminal Law (Sexual Offences) Bill 2015 |
23 September 2015 |
No |
|
Marriage Bill 2015 (enacted as Marriage Act 2015) |
17 September 2015 |
Yes |
|
Criminal Justice (Burglary of Dwellings) Bill 2015 |
03 September 2015 |
Yes |
|
Choice of Court (Hague Convention) Bill 2015 |
24 June 2015 |
No |
|
International Protection Bill |
25 March 2015 |
Yes |
|
Garda Síochána (Amendment)(No. 3) Bill 2014 |
09 March 2015 |
No |
|
Children and Family Relationships Bill 2015 (enacted as the Children and Family Relationships Act 2015) |
19 February 2015 |
Yes |
|
Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill 2015 |
23 January 2015 |
No |
|
Redress for Women Who Were In Certain Institutions Bill 2014 |
10 December 2014 |
No |
|
Personal Insolvency (Amendment) Bill 2014 |
21 October 2014 |
Yes |
|
Criminal Justice (Mutual Assistance) (Amendment) Bill 2014 |
18 August 2014 |
No |
|
Criminal Justice (Terrorist Offences) (Amendment) Bill |
15 August 2014 |
No |
|
Court of Appeal Bill 2014 |
02 July 2014 |
Yes |
|
Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 |
09 September 2013 |
Yes |
|
Fines (Payment and Recovery) Bill 2013 |
17 July 2013 |
Yes |
|
Assisted Decision Making (Capacity) Bill 2013 (enacted as Assisted Decision Making (Capacity) Act 2015) |
17 July 2013 |
Yes |
|
Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 |
05 July 2013 |
No |
|
Prison Development (Confirmation of Resolutions) Bill 2013 |
20 June 2013 |
No |
|
Criminal Law (Human Trafficking) (Amendment) Bill 2013 |
12 April 2013 |
No |
|
Courts Bill 2013 (later the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 |
14 March 2013 |
Yes |
|
Criminal Justice (Money Laundering & Terrorist Financing) (Amendment) Bill 2013 – (later the Criminal Justice Act 2013) |
29 January 2013 |
Yes |
|
Europol Bill 2012 |
24 July 2012 |
No |
|
European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2012 |
24 July 2012 |
No |
|
National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 |
18 July 2012 |
Yes |
|
Criminal Justice (Search Warrants) Bill 2012 |
06 June 2012 |
Yes |
|
Criminal Justice (Spent Convictions) Bill 2012 |
02 May 2012 |
Yes |
|
Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Adults) Bill 2012 |
23 April 2012 |
Yes |
|
Twenty-Ninth Amendment of the Constitution(Judges' Remuneration) Act 2011 |
17 November 2011 |
No |
|
Legal Services Regulation Bill 2011 |
10 October 2011 |
Yes |
|
Criminal Justice Bill 2011 |
11 May 2011 |
Yes |
|
Criminal Justice (Community Service) (Amendment) (No. 2) Bill 2011 |
16 March 2011 |
Yes |
47. Deputy Josepha Madigan asked the Minister for Finance if there are plans for separated persons who have agreed to relinquish their ownership of a family home on foot of a court order to be treated as a first-time buyer for the help-to-buy initiative announced in the last budget (details supplied); and if he will make a statement on the matter. [10824/17]
Amharc ar fhreagraThe tax treatment referred to by the Deputy, regarding an exemption from Stamp Duty for certain first-time buyers ceased to apply to instruments executed on or after 8 December 2010.
The legislation that introduced the Help to Buy incentive in Finance Act 2016, now contained in Section 477C of the Taxes Consolidation Act 1997, defines a first-time purchaser as "an individual who ... has not, either individually or jointly with any other person, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling". This definition is in line with that which underpins the Central Bank's macro-prudential mortgage rules.
Those who previously purchased homes are not eligible for the Help to Buy scheme. Such individuals may have already received the assistance of the State in relation to their original home purchase through grants or through mortgage interest relief. I have no plans to introduce the amendment suggested by the Deputy.
48. Deputy Bernard J. Durkan asked the Minister for Finance if assistance under the help-to-buy scheme will be afforded to a person (details supplied) who moved into their new property just a couple of weeks before the scheme was initiated; and if he will make a statement on the matter. [10815/17]
Amharc ar fhreagraThe commencement date for the Help to Buy scheme of 19 July 2016 was chosen as it was the date of the launch of 'Rebuilding Ireland - Action Plan for Housing and Homelessness', in which the development of such a scheme for inclusion in the Budget was initially announced. The intention to backdate the scheme to this date was announced at that time with a view to avoiding any potential interruption in house sales, by purchasers who may otherwise have deferred purchases, pending the commencement of the incentive.
I have no plans to backdate the scheme prior to 19 July, as to extend eligibility for the scheme further back than the date of its initial announcement would consist entirely of deadweight. One of the primary policy aims of the incentive is to assist those struggling to save for the deposit required in purchasing a house. Individuals who purchased new homes before the announcement of the incentive, did not need the assistance of the State to fund the required deposit. Such individuals made their purchasing decisions on the basis of the information available to them at the time of purchase, and could not have expected a subsequently introduced tax relief to also be available to them. Similarly, those who commenced the drawdown of agreed mortgages in respect of self built properties before 19th of July, could also not have expected a subsequently introduced tax relief to be available to them.
As with all time bound reliefs, there will always be those who just miss out on qualification. I do not intend to extend the parameters of this new measure any further as it would become less targeted and more costly.
49. Deputy Brendan Griffin asked the Minister for Finance the anticipated timeframe for the test case and subsequent result of an issue (details supplied); if the Revenue Commissioners have taken on board concerns expressed regarding the handling of this case; and if he will make a statement on the matter. [10871/17]
Amharc ar fhreagraI am advised by the Revenue Commissioners that as the Tax Appeal Commission (TAC) is an entirely independent statutory body with sole responsibility for accepting or refusing appeals, deciding the manner in which the appeals process is to be conducted and for managing the adjudication and determination of appeals, that they are not in a position to advise on the anticipated time-frame for the appeals process to be conducted.
It is not clear which concerns the Deputy is referring to as there has been considerable commentary on many aspects of the issue in question. As I have indicated to the House, Revenue's responsibility is to implement the Taxes Acts. Where a taxpayer disagrees with an assessment raised by Revenue, he or she can appeal any such assessment and the assessment will be determined by the TAC and if necessary, the Courts. In relation to this particular issue, that process is now underway and it would be inappropriate for me to comment further.
50. Deputy Pearse Doherty asked the Minister for Finance the number of appeals in which the Revenue Commissioners have participated in the Tax Appeals Commission process, in each of the past three years by cases won, lost or a decision not yet reached; and if he will make a statement on the matter. [10974/17]
Amharc ar fhreagra51. Deputy Pearse Doherty asked the Minister for Finance the number of Tax Appeals Commission decisions the Revenue Commissioners have appealed to the High Court in each of the past three years; the number of cases won on appeal; the number of cases lost in the High Court that were further appealed; the total cost in legal and other fees incurred as a result of these appeals; and if he will make a statement on the matter. [10976/17]
Amharc ar fhreagra52. Deputy Pearse Doherty asked the Minister for Finance the value of tax that has been collected due to legal challenges by the Revenue Commissioners of a Tax Appeals Commission decision that otherwise would not have been collected; and if he will make a statement on the matter. [10977/17]
Amharc ar fhreagraI propose to take Questions Nos. 50 to 52, inclusive, together.
I am advised by Revenue that it is not in a position to provide all of the information requested by Deputy Doherty as certain appeals-related data is either not routinely captured by Revenue or is not captured in a form that is readily accessible. Revenue is currently taking steps to address this issue by developing its case management system to track all stages in the management of appeals. When completed it will be possible to extract more flexible and relevant appeals-related data from Revenue's case management system.
In relation to the number of appeal cases that Revenue has participated in and the outcome of those appeals for the years 2014 to 2016, Revenue is not in a position to provide the complete set of figures. Figures can be provided in relation to those cases where Revenue engaged a barrister to argue its case, but not for those cases where Revenue officers themselves argued the case.
Table 1 OUTCOME OF APPEAL COMMISSIONER HEARINGS (Barrister engaged by Revenue)
|
Year |
Revenue Win |
Taxpayer Win |
Split Decision |
Awaiting Determination (see end note) |
|
2014 |
12 |
9 |
0 |
36 |
|
2015 |
20 |
17 |
2 |
9 |
|
2016 |
2 |
0 |
0 |
22 |
Note to table 1: These are the number of cases for which a determination had not been made by the end of the particular year. It does not mean that the number of cases shown for each year is still awaiting an Appeal Commissioner determination.
I am also advised by Revenue that the following table contains information in relation to the years 2014 to 2016 for the number of cases that Revenue appealed to the High Court in those years, the outcome of these cases and the associated legal and other fees incurred. These are appeals whereby Revenue requested that the Appeal Commissioners state a case for the opinion of the High Court on a point of law.
Table 2 REVENUE COMMISSIONER APPEALS TO THE HIGH COURT
|
Year |
No. appeals |
Settled and/or withdrawn |
Awaiting a hearing |
Revenue unsuccessful |
Legal and other fees (note 1) |
|
2014 |
3 |
3 |
N/A |
N/A |
€55,648 |
|
2015 |
16 |
8 |
7 |
1 |
€510,595 (note 2) |
|
2016 |
No Appeal Commissioner determinations appealed by Revenue in 2016 |
Notes to table 2
1. Each party pays their own costs before the Appeal Commissioners. High Court costs usually follow the event and the successful party is awarded their costs.
2. This figure comprises €208,848 for the cases that were settled and/or withdrawn and €301,747 for the cases that are awaiting a hearing. The costs for the appeal in which Revenue was unsuccessful have yet to be agreed between the parties or taxed by the Taxing Master of the High Court in default of agreement.
I am further advised by Revenue that it is not in a position to provide information on the amount of tax that is collected as a result of its successful appeal to the Courts against a determination made by the Appeal Commissioners. However, Revenue has advised that it could carry out an exercise to establish this information and revert to the Deputy at a future date. The information requested in question no. 10977/17 has an open-ended timeframe. In an attempt to make this exercise manageable and to provide the information within a reasonable period, Revenue has proposed that the information be provided in relation to the same three year period requested by the Deputy for the other information requested, i.e. for the years 2014 to 2016.
The Tax Appeals Commission will be producing its first annual report over the next number of weeks which will contain statistics regarding the number of appeals received in 2016.
53. Deputy Pearse Doherty asked the Minister for Finance the tax rebate to date to bus and coach operators under the fuel rebate scheme since it was extended to them by rebates to State-owned companies and private companies; and if he will make a statement on the matter. [10983/17]
Amharc ar fhreagraA relief on mineral oil tax paid on auto-diesel purchased within the State by qualifying passenger transport operators, on or after 1st July 2013, was provided for by Section 99A of the Finance Act 1999 (as inserted by Section 51 of the Finance Act 2013). The repayment amount is calculated by reference to a sliding scale based on the average price at which auto-diesel is available for purchase during a repayment period. The maximum relief is 7.5 cents per litre for fuel purchased at €1.54 or over and no relief applies where the purchase price is €1.23 or less.
Repayments under the scheme may be made to licensed passenger transport operators. To qualify for the repayment, passenger transport operators must hold either a national road passenger transport operator's licence or an international road passenger transport operator's licence issued under the Road Traffic and Transport Act 2006. Passenger transport operators with a licence issued in another EU Member State must hold a 'Community Licence' within the meaning of Regulation (EC) No. 1073/2009. Furthermore, the passenger transport vehicle concerned must be classified as an M2 or M3 vehicle under the EU "type approval" Directive 2007/46/EC. This includes buses, and minibuses with seating for a minimum of nine passengers.
Full details on the requirements for qualifying road transport operators in relation to repayments under the scheme are available on Revenue's website at www.revenue.ie/en/tax/excise/diesel-rebate-scheme. A repayment will not be made where, in the case of qualifying road transport operator in the State, the claimant does not hold a current tax clearance certificate. Claimants based in other EU Member States must provide a statement from the tax authority of that Member State that the claimant is tax compliant in that Member State. Repayment is also disallowed in the case of a claimant who is a mineral oil trader, and who has not complied with the requirements set down in mineral oil tax law for dealing in and with, and delivering, mineral oil.
Under the rebate scheme, the total amount refunded to State and privately owned bus and coach operators to date is €7.2m. Due to the small numbers of cases involved and the Revenue Commissioners' obligation to observe the confidentiality of taxpayer information, it is not possible to provide a breakdown of the rebate to State-owned companies and privately owned companies separately.
54. Deputy Pearse Doherty asked the Minister for Finance the Revenue Commissioners offices in which it is planned to end the walk-in service; the timeframe and date it is planned to end this service in each office; and if he will make a statement on the matter. [10991/17]
Amharc ar fhreagraI am assured by Revenue that they are committed to making it as easy and as straightforward as possible for taxpayers to be compliant. Revenue's Statement of Strategy 2017 - 2019 makes clear that commitment to providing advice and information both online and through other channels.
The extension of an appointments service reflects a reduced demand for the traditional 'walk-in' services to Revenue's public offices and I set out the information on this trend in response to Question Nos. 7012 and 7013 of 2017. I am informed by Revenue that they propose to extend the appointments service to all their public offices in the course of 2017. In certain offices where the requirement for walk-in services remains high, the walk-in service will continue to be available in parallel with the appointments service. Revenue has not yet finalised its plans in relation to the timeframe and date of closure of the walk-in service in offices where that service is currently available.
55. Deputy Pearse Doherty asked the Minister for Finance the cost to date in 2017 and estimated cost annually of the Revenue Commissioners' use of an outsourced call centre to handle queries regarding the local property tax; and if he will make a statement on the matter. [10993/17]
Amharc ar fhreagraI am advised by Revenue that the outsourced Local Property Tax (LPT) Helpline plays a major role in achieving year on year compliance rates of circa 97% for the tax. The Helpline also played a key role in the collection by Revenue of over €65m in Household Charge (HHC) arrears in respect of 360,000 properties.
The outsourced model provides Revenue with a flexible, cost effective solution that can be scaled up or down to meet the unpredictable customer service demand of LPT. For example, the Helpline can very quickly increase its capacity from a minimum of 30 operators to a peak of 200 operators as the need arises. It would not be possible for Revenue to provide the required level of support for such a large customer base from its own resources without negatively impacting on other core services.
Revenue publishes payment data on a quarterly basis and the cost of the outsourced LPT Helpline for the first quarter of 2017 will be published in April. The costs of the service in the years 2013 to 2016 are set out in the following table.
|
2013 |
2014 |
2015 |
2016 |
|
€3.6m |
€5.2m (includes HHC peak) |
€2.8m |
€2.7m |
56. Deputy Niall Collins asked the Minister for Finance the legislative proposals published by his Department between 2011 to 2016 that underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11152/17]
Amharc ar fhreagraThe Department of Finance undertakes Regulatory Impact Analyses (RIAs) in accordance with the latest guidelines as published by the Department of the Taoiseach. A RIA is carried out where it is deemed necessary to do so in respect of a policy or programme that is being developed. There are cases where a RIA is not required. For example, a RIA is not required in the case of emergency legislation. Neither is a RIA required for the Finance Bill which is exempted from the requirement in the Cabinet Handbook.
In the period in question, 2011 to 2016, a total of 38 Bills have been published by me as Minister for Finance. They are as follows:
1. Bretton Woods Agreements (Amendments) Bill 2011
2. Finance Bill 2011
3. National Asset Management Agency (Amendment) Bill 2011
4. Central Bank and Credit Institutions (Resolution) Bill 2011
5. Finance (No. 2) Bill 2011
6. Ministers and Secretaries (Amendment) Bill 2011
7. Central Bank and Credit Institutions (Resolution) (No. 2) Bill 2011
8. Finance (No. 3) Bill 2011
9. Central Bank (Supervision and Enforcement) Bill 2011
10. Insurance (Amendment) Bill 2011
11. European Financial Stability Facility and Euro Area Loan Facility (Amendment) Bill 2011
12. Bretton Woods Agreements (Amendment) (No. 2) Bill 2011
13. Finance Bill 2012
14. Euro Area Loan Facility (Amendment) Bill 2012
15. European Stability Mechanism Bill 2012
16. Fiscal Responsibility Bill 2012
17. Betting (Amendment) Bill 2012
18. Credit Reporting Bill 2012
19. Credit Union and Co-operation with Overseas Regulators Bill 2012
20. Finance (Local Property Tax) Bill 2012
21. Euro Area Loan Facility (Amendment) Bill 2013
22. Irish Bank Resolution Corporation Bill 2013
23. Finance Bill 2013
24. Finance (Local Property Tax) (Amendment) Bill 2013
25. Betting (Amendment) Bill 2013
26. Finance (No. 2) Bill 2013
27. Central Bank Bill 2014
28. National Asset Management Agency (Amendment) Bill 2014
29. Strategic Banking Corporation of Ireland Bill 2014
30. Irish Collective Asset-management Vehicles Bill 2014
31. Finance Bill 2014
32. Central Bank (Amendment) Bill 2014
33. Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015
34. Finance (Tax Appeals) Bill 2015
35. Finance (Miscellaneous Provisions) Bill 2015
36. Finance Bill 2015
37. Finance (Certain European Union and Intergovernmental Obligations) Bill 2016
38. Finance Bill 2016
In respect of the above Bills, RIAs were completed for the seven following Bills:
1. Central Bank (Supervision and Enforcement) Bill 2011
2. Fiscal Responsibility Bill 2012 in the form of a Screening Regulatory Impact Assessment.
3. Credit Reporting Bill 2012 in the form of the Report of the Inter-Agency Working Group on Credit Histories.
4. Credit Union and Co-operation with Overseas Regulators Bill 2012
5. Strategic Banking Corporation of Ireland Bill 2014
6. Irish Collective Asset-Management Vehicles Bill 2014
7. Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015.
57. Deputy Niall Collins asked the Minister for Finance if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11167/17]
Amharc ar fhreagraThe Regulatory Impact Analyses ("RIA") published by this Department are conducted in accordance with the latest guidelines as published by the Department of the Taoiseach. Impacts are considered as part of the RIA depending on the subject matter of the Bill and include, for example, national competitiveness, SMEs, socially excluded and vulnerable groups, poverty proofing, rural communities, the environment, whether there is a significant policy change in an economic market, including consumer and competition impacts, the rights of citizens, the compliance burden, industry costs, employment, quality regulation, North-South, East-West Relations and gender equality.
58. Deputy Ruth Coppinger asked the Minister for Education and Skills if he will report on the consultation with Educate Together and with persons regarding the plans to change the patronage of schools in line with the programme for Government commitments. [10807/17]
Amharc ar fhreagraAs Minister, I am consulting with all education stakeholders on an ongoing basis and on a range of issues. My officials, advisors and I have had regular engagement with all groups with an involvement in the issue of patronage, including Educate Together, since I took up office nine months ago. This includes interaction in relation to the plans to change the patronage of schools in line with the programme for government commitments.
59. Deputy Ruth Coppinger asked the Minister for Education and Skills if religious instruction and faith formation lessons in newly divested schools will be taking place outside of core school hours; and if he will make a statement on the matter. [10808/17]
Amharc ar fhreagraThe format and delivery of religious education in divested schools is a matter for the patron to which the school has been divested. Different multi-denominational patrons have different arrangements in this regard.
60. Deputy Shane Cassells asked the Minister for Education and Skills if he will review the case of a person (details supplied) who has not been provided with a reader or scribe for the 2017 junior certificate examinations; and if he will make a statement on the matter. [10838/17]
Amharc ar fhreagraThe State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. The Commission in this regard operates a scheme of Reasonable Accommodations in the Certificate Examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
61. Deputy Niamh Smyth asked the Minister for Education and Skills the reason for the delay in approving a SUSI grant in the case of a person (details supplied). [10842/17]
Amharc ar fhreagraAs 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.
62. Deputy Paul Murphy asked the Minister for Education and Skills his views on a recent EUROSTAT report (details supplied) showing that Ireland has the second lowest level of foreign-language learning in schools in the EU27 and a rate significantly below the average; his further views on the decline since 2009; the measures he will take to improve resources for foreign language learning; and if he will make a statement on the matter. [10852/17]
Amharc ar fhreagraIn Ireland, there are two national languages, Irish and English, given recognition under the Constitution. The recent EUROSTAT report compares Ireland to other EU countries on the basis of the number of foreign languages studied by students at the equivalent of Junior Cycle. Ireland reports on the numbers taking languages other than Irish or English. Several other countries who also have more than one official language report some of their official languages as foreign. The report therefore classifies Irish students as taking one foreign language when in fact the majority of our students are studying three languages (Irish, English and a foreign language). In contrast, in most other countries a student studying three languages will be reported as studying two foreign languages.
As regards the decline since 2009 it should be noted that only four languages are included by Ireland in the survey - French, German, Italian and Spanish, as these are the only foreign languages examined at Junior Cycle level. These figures do not capture those students studying up to sixteen non-curricular languages for Leaving Certificate, or other non-EU heritage languages such as Russian, Arabic and Japanese.
I am committed to further developing and diversifying our provision for languages in post-primary education.
In 2015 the Framework for Junior Cycle was published. New subject specifications are being introduced on a phased basis. A new specification for Modern Languages will be introduced from September 2017. This will involve French, German, Spanish and Italian. In addition, Junior Cycle students may study short courses in other languages such as Polish, Chinese Language and Culture and Sign Language
In Senior Cycle there are a number of languages available, in addition to French, German, Spanish and Italian Russian, Japanese and Arabic are available in the Leaving Certificate examination. For students whose mother tongue is an EU language other than those listed above, they can present for examination in a non-curricular EU language. In 2016 candidates presented in some sixteen EU Languages.
Under the Action Plan for Education 2016-2019 my Department is developing a new Foreign Languages in Education Strategy. The strategy will be published shortly and will set out clear actions to further improve the quality and delivery of our provision for foreign languages. It would be hoped with the emphasis that will be placed on foreign languages that more students will study these languages and that the diversity of languages studied will be greater.
63. Deputy Mary Butler asked the Minister for Education and Skills the reason a school (details supplied) was not successful in its application for urban DEIS band 1 from urban DEIS band 2; the criteria and methodology that was used to determine this decision; the process for this school to appeal this decision; and if he will make a statement on the matter. [10861/17]
Amharc ar fhreagraDEIS is my Department's main policy initiative to tackle educational disadvantage. The DEIS Plan for 2017 sets out our vision for future intervention in the critical area of social inclusion in education policy.
A key element of DEIS Plan 2017 is the availability of a new identification process for the assessment of schools for inclusion in DEIS using centrally held CSO and DES data.
The key data sources are the DES Primary Online Database (POD) and Post-Primary Online (PPOD) Databases, and CSO data from the National Census of Population as represented in the Pobal HP Index for Small Areas which is a method of measuring the relative affluence or disadvantage of a particular geographical area. Variables used in the compilation of the HP Index include those related to demographic growth, dependency ratios, education levels, single parent rate, overcrowding, social class, occupation and unemployment rates. This data is combined with pupil data, anonymised and aggregated to small area, to provide information on the relative level of concentrated disadvantage present in the pupil cohort of individual schools. This data is applied uniformly across all schools in the country. Through the use of centrally held data, schools were not required to submit an application for inclusion in the programme.
Further information on the development of the identification process is available in the DEIS Review report which can be found on my Department's website at www.education.ie/en/Schools-Colleges/Services/DEIS-Delivering-Equality-of-Opportunity-in-Schools-/.
In its initial application, the new identification model has identified that there are schools in disadvantaged areas, not previously included in DEIS, whose level of disadvantage is significantly higher than many schools already in the programme. Accordingly, we are moving as a first step to include these schools within the DEIS School Support Programme.
Schools included in the list published by my Department on 13th February are those whose level of concentrated disadvantage has been identified as being at the same level as the current DEIS category for schools serving the highest concentrations of disadvantage. This includes 15 new Urban Band 1 schools, 30 Urban Band 2 schools raised to Urban Band 1 status, 51 new Rural DEIS schools and 13 new Post Primary DEIS schools.
Schools which have not been included or upgraded at this stage are those which have not been identified as having the highest levels of concentrated disadvantage amongst their pupil cohort, under the new model which is fair and objective.
The new DEIS Plan provides for a verification process and any school wishing to seek verification of the information used to assess the level of disadvantage of its pupil cohort may submit an application for same to social_inclusion@education.gov.ie.
It is important to note that the school details published on 13th February represent a first step in the application of the assessment process to support pupils in schools with the highest concentrations of disadvantage. I am fully aware that there are further schools whose concentrated level of disadvantage may not be at the highest level, but may nevertheless be at a level which warrants additional supports for pupils under DEIS.
However, as noted in the DEIS Plan, the implementation of a new objective central data-based model of identifying levels of disadvantage within school populations will be followed by a further programme of work to create a more dynamic model where levels of resource more accurately follow the levels of need identified by that model.
Once this work has been completed, consideration will be given to extending DEIS supports to a further group of schools as resources permit.
In delivering on the DEIS Plan 2017 we must be conscious that there are ongoing changes in demographics which may be more marked in some areas than others. Populations in some areas have changed considerably since schools were originally evaluated for inclusion in DEIS in 2006. The new model may reveal that some schools currently included in DEIS have a level of disadvantage within their school population much lower than that in some schools not included within DEIS. If this turns out to be the case, then we must consider whether it is fair that those schools continue receiving these additional resources, using resources that may be more fairly allocated to the schools with greater levels of disadvantage.
It is important to note that the fact that a school has not been included in the DEIS programme on this occasion does not preclude its inclusion at a later date, should its level of disadvantage warrant the allocation of additional resources.
64. Deputy David Cullinane asked the Minister for Education and Skills the total number of special needs assistants in each school in Waterford city and county for each of the years 2014 to 2016; and if he will make a statement on the matter. [10912/17]
Amharc ar fhreagraI wish to advise the Deputy that Special Needs Assistants (Ss) are allocated to mainstream Primary, Post Primary schools and to Special Schools to assist children with special educational needs who also have additional and significant care needs. Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.
The National Council for Special Education (NCSE), which is an independent statutory agency, is responsible, through its network of Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports, including SNA support. The NCSE allocates SNA support to schools in accordance with the criteria set out in my Department's Circular 0030/2014, which is available on my Department's website at www.education.ie.
As part the Budget announcements, I announced that an additional 115 SNA posts at an annual cost of €3.75m will be provided for allocation from January to June 2017, bringing the total number of SNAs available for allocation to schools to 13,015. This represents an increase of 23% over the numbers allocated in 2011. This is a higher level of SNA support than ever before, which ensures that children with special educational needs can continue to participate in education and be supported in a manner appropriate to their needs.
The NCSE has published details of the SNA allocations for all schools which are available to view on a per county basis, including for Waterford City and County. Details of the SNA allocations for Waterford from 2014 to 2016 can be accessed on the NCSE website at www.ncse.ie or by using the following link http://ncse.ie/statistics.
65. Deputy David Cullinane asked the Minister for Education and Skills when he plans to progress legislation on technological universities; and if he will make a statement on the matter. [10913/17]
Amharc ar fhreagra68. Deputy David Cullinane asked the Minister for Education and Skills the proposed funding model for technological universities; the way it will differ from funding for traditional universities; and if he will make a statement on the matter. [10916/17]
Amharc ar fhreagra69. Deputy David Cullinane asked the Minister for Education and Skills if technological universities will receive baseline funding for research and development; and if he will make a statement on the matter. [10917/17]
Amharc ar fhreagra71. Deputy David Cullinane asked the Minister for Education and Skills his plans to change the sequencing in the process of applying to become a technological university by allowing the international panel of experts to play a role much earlier; and if he will make a statement on the matter. [10919/17]
Amharc ar fhreagra72. Deputy David Cullinane asked the Minister for Education and Skills the stakeholder engagement meetings and outreach work he and his Department have engaged in on progressing technological universities since the general election; the groups and persons he and his Department have engaged with; and if he will make a statement on the matter. [10920/17]
Amharc ar fhreagra76. Deputy David Cullinane asked the Minister for Education and Skills the way in which he will deliver on a programme for Government commitment to examine the eligibility criteria for institutes of technology applying to become technological universities, specifically changes to the merger requirement; his plans to implement the commitment; and if he will make a statement on the matter. [10926/17]
Amharc ar fhreagraI propose to take Questions Nos. 65, 68, 69, 71, 72 and 76 together.
As the Deputy will be aware, the Programme for Government outlines that this Government will continue to support the creation of Technological Universities.
This is in line with the National Strategy for Higher Education to 2030 which provides a framework for the development of the higher education sector to 2030. With regard to the institute of technology sector, the Strategy recommended significant reforms to position the sector to meet national strategic objectives. In particular, the Strategy recommended consolidation within the sector and a pathway of evolution for those consolidated institutes of technology, to allow them to demonstrate significant progress against robust performance criteria and to apply to become technological universities.
Consortiums who have applied to become Technological Universities:
As part of the implementation of the Strategy, the Higher Education Authority (HEA) in 2012 published a four-stage process and criteria for applicant groups of institutes of technology wishing to apply to become technological universities. There are currently four consortia engaged with the process to become designated as TUs.
These are TU4Dublin (Dublin Institute of Technology, Institute of Technology Tallaght, Institute of Technology Blanchardstown), Technological University for the South-East (TUSE – consisting of Waterford Institute of Technology and Institute of Technology Carlow), Munster Technological University (MTU – consisting of Cork Institute of Technology and Institute of Technology Tralee) and the Connacht Ulster Alliance (CUA – consisting of Galway-Mayo Institute of Technology, Institute of Technology Sligo and Letterkenny Institute of Technology).
Funding:
The process for designation as a Technological University consists of four stages. The “phase-gate” model for the process allows for assessment of the projects at set points. In relation to costs, these are considered during each stage of the process and in particular there is an onus on each consortium to develop financial models and estimated costings.
In terms of the financial costs, the two consortia that have finalised stage 3 (TU4Dublin and MTU) and developed implementation plans acknowledge the costs involved in merger and the designation process, but also commit to meeting those costs within their own budgets. They also acknowledge that while there are up-front costs in the shorter term, in the longer term, designation as a Technological University will allow them to recoup these costs and provide for new income streams.
However, it is recognised that these changes to the landscape of Irish higher education carry some up-front additional costs and the HEA has provided for a fund to support HEIs with these costs. In terms of additional financial support, having regard to the benefits that will arise for the institutions, students and the higher education system more generally, the HEA has provided funding in 2013, 2014, 2015 and 2016 to provide support to institutions involved in the TU process.
In terms of 2016, the four consortiums made joint presentations and submission to the Higher Education Authority in May 2016, seeking funding to underpin the next phase of engagement in respect of their ongoing merger processes. Arising from these presentations and submissions, the HEA provided a ring-fenced sum of €4.702 Million in 2016 to the four consortiums that are involved in merger processes with the ultimate aim of becoming Technological Universities. This funding is in addition to their own resources to the projects being provided by the respective consortiums.
Future Funding:
As already outlined, the Institutions involved in the processes will be required to meet a significant amount of the costs involved in the creation of Technological Universities from within their own resources. However, given the significant benefits that will arise from the development of Technological Universities, the Department of Education and Skills and the HEA will continue to provide financial support to the consortiums to assist in their progress towards Technological University status.
The Deputy has asked specific questions around the future funding for Technological Universities which will have to be addresses in the context of the wider issue around future funding of Higher Education. The Expert Group on Future Funding for Higher Education, under the chairmanship of Peter Cassells, was established to develop a strategy for funding the third level sector. The Report which was published in July 2016, clearly outlines the funding challenges in the higher education sector and offers a number of approaches and recommendations for consideration for the medium term.
As committed to in the Programme for Government, the report has been referred to the Education Committee as part of the process for formulating a plan for the future of the sector. The Department is looking forward to working with the Education Committee as it analyses all of the options put forward by the Expert Group and hears the voice of all stakeholders.
While the Cassells Report deals with the medium and long term funding needs of higher education we also have to consider the immediate challenges and in that context the Department placed a particular focus on this area in Budget 2017 securing additional funding for the sector for the first time in recent years.
This year an additional €36.5 million will be made available with €160 million additional over the next three years. This will allow the sector keep pace with demographic increases and introduce targeted initiatives in areas such as disadvantage, skills, research and flexible learning. Among those who will benefit from the additional third level funding being made available are students from disadvantaged backgrounds, lone parents and travellers.
In Budget 2017 the Minister for Public Expenditure and I announced a policy review with the aim of designing and implementing a sustainable and predictable multi-annual funding model for higher and further education and training involving increased Employer and Exchequer contributions from 2018. This review will be undertaken as part of the overall response to meeting the anticipated skills needs in the economy over the coming years, in line with the policy framework set out in the National Skills Strategy.
This review will include an analysis of the business case for enhanced investment in the higher and further education and training sectors. In this context it will identify key elements of the new funding model and of the expected impacts including those on employers. The review will include consultation with stakeholders.
The policy review will complement the ongoing work by the Oireachtas Committee in relation to the Cassells report. A review of the funding model for higher education (RGAM) is also being carried out and the new model is due to be in place for the 2018 budget allocation. Completion of the review will underpin delivery across the sector and enhance progression on the goals set out in the Action Plan for Education.
Position of Technological Universities Bill:
In relation to the legislation, the third Government Legislative Programme of this Partnership Government was published on 17 January 2017, and the Technological Universities Bill is listed on the Dáil Order Paper and is awaiting Committee Stage.
I recognise that there were a significant number of matters raised previously in respect of the Bill at both Committee and Report Stage. A consultation process is ongoing with all of the relevant stakeholders in relation to both the matters raised during the legislative process and the commitments contained in the Programme for Government.
Following the finalisation of this consultation process I will then advance the legislation having determined a position in relation to any matters raised as part of this consultation process.
66. Deputy David Cullinane asked the Minister for Education and Skills if Waterford Institute of Technology was running a surplus or deficit in each of the years 2008 to 2016; if so, the amount of the surplus or deficit for each year; and if he will make a statement on the matter. [10914/17]
Amharc ar fhreagraDetails of the surplus/deficit position of Waterford Institute of Technology (WIT) are set out in the following table.
Deficits Incurred by Waterford Institute of Technology:
|
- |
€'000 |
|
2008/09 |
|
|
Operating surplus/deficit |
-€2,524 |
|
2009/10 |
|
|
Operating surplus/deficit |
-€512 |
|
2010/11 |
|
|
Operating surplus/deficit |
-€272 |
|
2011/12 |
|
|
Operating surplus/deficit |
-€563 |
|
2012/13 |
|
|
Operating surplus/deficit |
-€306 |
|
2013/14 |
|
|
Operating surplus/deficit |
-€826 |
Note 1: It should be noted that the above figures refer to operating deficits/surpluses in a given year and that for the years 2008/09 and 2009/10 WIT had accumulated reserves to help meet the deficit.
Note 2: Financial Statements in respect of 2014/15 and 2015/16 have not yet been finalised.
My Department and the Higher Education Authority (HEA) are aware of the financial difficulties being experienced by a number of the Institutes of Technology (IoTs) including WIT. The HEA has been closely monitoring the financial position of all of the IoTs and in particular are working closely with those Institutes operating in deficit to ensure appropriate mechanisms are put in place to eliminate the deficit as quickly as possible.
The Financial Review of the Institutes, published last year by the HEA, was carried out in order to provide an overview of the financial health of the sector, to consider capacity issues and to examine the challenges for the institutions given their respective plans for the future. The report makes a number of recommendations on how some of the issues which contribute to funding problems in the IoT sector can be addressed and my Department is working with the HEA in relation to those recommendations. These policy recommendations will also feed into the work being undertaken on developing a sustainable funding model for the sector.
In addition, the HEA has a policy framework in place for engaging with vulnerable IoTs which requires Institutes to submit a three year plan to return them to a balanced budget situation. If the Institute is unable to demonstrate how a return to a balanced budget can be achieved within this timeframe, or if actual performance deviates significantly from the plan, then the HEA will seek the appointment of an independent financial expert to work with the Governing Body and Executive Management Team to agree a revised plan and programme of remedial action.
With regard to WIT, the HEA has agreed measures with the Institute to achieve financial stability through targeted strategic changes within the Institute and the HEA continues to monitor progress by WIT in relation to the agreed actions.
Funding overall for the higher education sector is a key concern for me, particularly in light of the additional pressure that will fall on the system over the next decade or so – an issue which is clearly set out in the Report of the Expert Group on the Future Funding for Higher Education, which is currently with the Joint Oireachtas Committee for consideration. However, in seeking to address the issue in the short term, I have for the first time in nine years secured additional funding for the sector with €36.5m additional being made available this year and €160m additional overall over the next three years.
In addition, in Budget 2017 the Minister for Public Expenditure and Reform and I, announced a policy review with the aim of designing and implementing a sustainable and predictable multi-annual funding model for higher and further education and training involving increased Employer and Exchequer contributions from 2018. The review will be undertaken as part of the overall response to meeting the anticipated skills needs in the economy over the coming years, in line with the policy framework set out in the National Skills Strategy.
It will include an analysis of the business case for enhanced investment in the higher and further education and training sectors. In this context it will identify key elements of the new funding model and of the expected impacts including those on employers. The review will include consultation with stakeholders. It is expected that the policy review will be published by the end of April 2017, and will complement the ongoing work by the Oireachtas Committee in relation to the Cassells report.
67. Deputy David Cullinane asked the Minister for Education and Skills if newly formed technological universities will have the ability to borrow; and if he will make a statement on the matter. [10915/17]
Amharc ar fhreagraProvision has already been made in the Technological Universities Bill, 2015 which will allow that a technological university, or any company in which the technological university has a proprietary interest, may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by any person.
However, this will be subject to the development by the Higher Education Authority of a Borrowing Framework for Technological Universities which will require the approval of the Minister for Education and Skills, the Minister for Public Expenditure and Reform and the Minister for Finance.
