Written Answers Nos 237-249
237. Deputy Carol Nolan asked the Minister for Education and Skills the estimated cost of enacting all provisions of the Children First legislation in the education sector; and if he will make a statement on the matter. [17810/17]
Amharc ar fhreagraThe Children First Act 2015 will, when fully commenced by the Minister for Children and Youth Affairs, put elements of the Children First-National Guidance for the Protection and Welfare of Children on a statutory footing. The Act provides for a number of key child protection measures, as follows:
- A requirement on organisations providing services to children, which includes all schools, to keep children safe and to produce a Child Safeguarding Statement;
- A requirement on defined categories of persons (mandated persons), which includes registered teachers, to report child protection concerns over a defined threshold to the Child and Family Agency (Tusla);
- A requirement on mandated persons which includes registered teachers, to assist Tusla in the assessment of a child protection risk, if so requested to do so by Tusla;
- Putting the Children First Interdepartmental Implementation Group on a statutory footing.
The commencement of the 2015 Act will result in the publication of new Children First National Guidance which in turn will necessitate changes to the existing Child Protection Procedures for schools. The 2015 Act also provides that Tusla will issue guidance in relation to the Act’s requirements in respect of Child Safeguarding Statements.
My Department has commenced a review of the existing child protection procedures for schools in consultation with the relevant education partners. This review will take account of the statutory provisions of the Children First Act 2015 and, when available, the updated Children First National Guidance and guidance on child safeguarding published by Tusla in accordance with the Act.
It is not anticipated that the implementation of revised procedures for schools will lead to any increased costs at school level. There may be some additional costs arising in respect of the child protection training made available by my Department. The precise nature and extent of any changes needed to the existing training programme will not be clear until the full suite of national guidance documentation and the Department’s revised procedures for schools are finalised.
238. Deputy Carol Nolan asked the Minister for Education and Skills the number of litigants who had initiated legal proceedings against the Department in respect of a claim of sex abuse in school; the number of these cases that are still before the courts; the number that have dropped their cases after being contacted by the State Claims Agency; the number of cases in which the claim was statute barred; the number of cases that were dismissed due to the fact the plaintiff signed a waiver or other legal document waiving their right to pursue the case; the number of cases that were upheld by the court; the number of cases that were heard in full and determined that his department had no liability based on the facts of the case as opposed to legal technicality; the number of cases that his Department pursued for legal costs; the total amount awarded to his Department in costs; the total amount spent by his Department in legal fees; the total amount of claims that have been received by the State Claims Agency for compensation; the number of these that have been processed; the number that have been awarded a payment; the number that have been denied a payment; and if he will make a statement on the matter. [17811/17]
Amharc ar fhreagraThe State Claims Agency (SCA) is mandated on behalf of the State to deal with cases of alleged sex abuse in schools. I have asked that the SCA collate the data and I will then write directly to the Deputy with the information.
The following deferred reply was received under Standing Order 42A
The SCA first became involved in the management of Day School abuse claims following the signing of the Delegation Order entitled National Treasury Management Agency (Delegation of Claims Management Functions) Order 2005. The Day School abuse claims arise from sexual and/or physical and/or psychological abuse and all categories of abuse claims are included in the figures. There were some Day School abuse claims managed directly by my Department in conjunction with the Chief State Solicitor's Office prior to the transfer of responsibilities.
Total claims comprise all litigated and non-litigated claims. A non-litigated claims is one in which no legal proceedings were issued and served naming the Minister/Department as a Defendant.
In response to your specific queries I can confirm in respect of litigated claims:
- A total of 353 claims arising from sexual and/or physical and/or psychological abuse in Day Schools have been received by the SCA
- 109 claims remain open and on-going before the Courts and 197 claims were discontinued. In the majority of the 197 discontinued claims, the Plaintiffs served Notices of Discontinuance
- None of the 353 claims were found to be statute barred and none were dismissed on the basis of the Plaintiff having signed a waiver
- None of the 353 claims were upheld by the Courts
- 3 cases proceeded to a full hearing in the Courts and in all 3 the Courts held that the Minister/Department had no liability
- My Department did not pursue any plaintiffs for legal costs and no awards of costs were made to my Department.
- The expenditure on legal fees by the State Claims Agency on behalf of the Minister/Department was €1,430,715 in Defence legal costs, €301,682 in Plaintiffs' legal costs giving a total of €1,732,397.
In respect of total claims I can confirm the following:
- A total of 479 Day School abuse claims were received including 126 non-litigated claims.
- Of these 479 claims, 329 have been finalised while 150 remain open/ongoing
- Damages payments in settlement of the claims against the Minister/Department were made in 21 claims.
- In relation to these 21 cases, it should be noted that the SCA made a total of 16 settlement payments. Of the remaining 5 settlement payments, 3 were paid by the Department as the settlements were negotiated prior to those claims being transferred to the SCA for management in 2005. The remaining 2 settlements were paid in full by the relevant Congregation and the amounts due from the State to the Congregation under a negotiated sharing agreement were offset against monies then due to the State from the Congregation on other claims that were the subject of the sharing agreement.
239. Deputy Carol Nolan asked the Minister for Education and Skills if the assessment by his Department of the number of prefab units being used in schools with a view to replacing these has commenced; the date on which the assessment will conclude; and if he will make a statement on the matter. [17812/17]
Amharc ar fhreagraAs the Deputy is aware, it is my intention to replace all purchased temporary accommodation with permanent accommodation, where the need is established, over the lifetime of my Department's Capital Programme (2016 to 2021). To enable this development, my Department will be carrying out an assessment of the number of prefabs being used in schools to deliver the curriculum. This will also determine whether or not individual prefabs need to be replaced in the context of the long-term accommodation needs of each individual school. When completed, this assessment will quantify the number of prefabs to be replaced.
The prefab assessment process will be undertaken in a timely manner, with the intention that the replacement of prefabs would commence in 2019.
240. Deputy Carol Nolan asked the Minister for Education and Skills the number of students from direct provision that have been offered places in higher education through the specific pathway offered by his Department each year since it was established; the number that have applied each year; and if he will make a statement on the matter. [17813/17]
Amharc ar fhreagraThe pilot support scheme which commenced in 2015, is targeted at three main categories of student i.e. asylum seekers, subsidiary protection applicants and leave to remain applicants. The scheme does not distinguish between persons in direct provision and those who choose to live outside of the direct provision centres.
There were 54 applications to the Pilot Support Scheme - 39 for 2015/16 and 15 for 2016/17. 2 students qualified for support under the scheme in 2015/16 and a further 2 students qualified in 2016/17.
The scheme is reviewed on an annual basis. It will be reviewed again in advance of the 2017/18 academic year.
241. Deputy Carol Nolan asked the Minister for Education and Skills the actions taken by his Department to implement the report of the forum on pluralism and patronage; the number of recommendations that are outstanding; and if he will make a statement on the matter. [17814/17]
Amharc ar fhreagraThe Forum on Patronage and Pluralism in the Primary Sector was established in 2011 to advise on how the primary education system could provide a sufficiently diverse range of primary schools and on how all primary schools could become more inclusive.
The Report of the Forum Advisory Group was published in April 2012 and made a series of recommendations aimed at ensuring that the education system can provide a sufficiently diverse number and range of primary schools to cater for children of all religions and none.
The Report's recommendations covered four broad areas:
- those dealing with planning towards future patronage arrangements and having a more diverse range of patronage types for new schools in areas of rising population;
- those dealing with the practicalities of achieving divesting of patronage where there is a stable population and a demand for diversity of school types;
- those dealing with Irish language provision; and
- those dealing with the creation of more inclusive schools
The Government is committed to progressing the development of a dynamic and innovative education system that reflects the diversity of twenty-first Century Ireland. The Programme for a Partnership Government reflects the Government’s objective of strengthening parental choice and further expanding diversity in our school system. The desire of parents for diversity in education is primarily being pursued by increasing the number of non-denominational and multi-denominational schools with a view to reaching 400 by 2030.
The Deputy will be aware that on 30 January, 2017, I announced new plans aimed at providing more multi-denominational and non-denominational schools across the country, in line with the choices of families and school communities and the Programme for Government commitment in this area. In addition to progressing the reconfiguration of existing school provision to provide greater choice to parents in areas of stable population, the Government is committed to ensuring that parental preferences will continue to be key to patronage decisions on new schools established in areas of demographic growth.
In relation to the development of a curriculum for Education about Religions and Beliefs (ERB) and Ethics in primary schools, as recommended by the Forum, the National Council for Curriculum and Assessment recently published a consultation report which outlines the key messages arising from the consultation process that they conducted in 2015/16 and the implications for the development of a curriculum. The Consultation Report describes a way forward for the development of integrated provision for ERB and Ethics as part of the newly-developing primary curriculum.
As a step in advancing the recommendations of the Forum on Patronage in this regard, the NCCA has formed a network of schools to gather and share examples of good practice in the area of ERB and Ethics for schools to use in supporting and developing their practice in this area. The development of proposals for provision for Education about Religion and Beliefs and Ethics at primary level will take account of the on-going work on the review of the structure and time allocation in the primary school curriculum.
242. Deputy Carol Nolan asked the Minister for Education and Skills his views on the proposals of the NCCA in respect of the teaching of religion, ethics and beliefs; if this new model will be rolled out to all primary schools; the timeframe for the implementation of the proposals; and if he will make a statement on the matter. [17815/17]
Amharc ar fhreagraThe Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector recommended in its report that programmes in Education about Religion and Beliefs (ERB) and Ethics be developed. The National Council for Curriculum and Assessment (NCCA) was asked, in response to the report, to explore the development of such programmes.
The NCCA produced a Consultation Paper in 2015 outlining the proposed rationale, vision, aims and features of a curriculum in ERB and Ethics, and engaged in an extensive consultation process with patrons, education partners, schools, teachers and parents. The final Consultation Report, which outlines the key messages arising from the consultation process and the implications for the development of a curriculum, was published by the NCCA on 14 February 2017.
In the Report, the NCCA notes that the consultation found that ERB and Ethics is viewed as an important part of a child’s education and that there is significant support for the type of teaching and learning outlined in the consultation proposals. However, there are features of the education system that are important contextual considerations for the development and implementation of curriculum provision for ERB and Ethics for primary schools, such as the denominational structure of the system and curriculum overload.
The Consultation Report describes a way forward for the development of integrated provision for ERB and Ethics as part of the newly-developing primary curriculum.
As a step in advancing the recommendations of the Forum on Patronage in this regard, the NCCA has formed a network of schools to gather and share examples of good practice in the area of ERB and Ethics for schools to use in supporting and developing their practice in this area. The development of proposals for provision for Education about Religion and Beliefs and Ethics at primary level will take account of the on-going work on the review of the structure and time allocation in the primary school curriculum.
243. Deputy Carol Nolan asked the Minister for Education and Skills if the reconfiguration process of primary school patronage will be open to all patrons; the process that will be put in place to ensure that the patron selected will be in line with the wishes of local parents; the number of schools in which it is envisaged the new model will be put in place; the timeframe for same; and if he will make a statement on the matter. [17816/17]
Amharc ar fhreagraThe Government is committed to progressing the development of a dynamic and innovative education system that reflects the diversity of twenty-first Century Ireland. The Programme for a Partnership Government reflects the Government’s objective of strengthening parental choice and further expanding diversity in our school system. The desire of parents for diversity in education is primarily being pursued by increasing the number of non-denominational and multi-denominational schools with a view to reaching 400 by 2030.
The Deputy will be aware that on 30 January, 2017, I announced new plans aimed at providing more multi-denominational and non-denominational schools across the country, in line with the choices of families and school communities and the Programme for Government commitment in this area.
This will involve the Education and Training Boards in the initial phase, as the State’s local education authorities, identifying areas where there is likely to be demand for greater diversity and they will work with pre-school services to establish evidence of this demand among the cohort of pre-school parents.
The protocols surrounding how the consultation will be carried out will be carefully designed by my Department, in consultation with the Department of Children and Youth Affairs and each ETB will submit a report to the Department showing the results of these consultations, including details of how they were carried out in accordance with the protocols.
There will then be discussions between individual ETBs and the existing patrons/landowners concerning the possible transfer of schools to accommodate this demonstrated demand for diversity.
Each ETB will prepare a report for the Department outlining the levels of demand within their functional areas and the responses of the existing patrons as to how this might be accommodated through the reconfiguration of existing school provision.
In the subsequent implementation phase, where the level of demand for multi-denominational schools is sufficient to justify transfer of a school from denominational to multi-denominational patronage, a process will commence to give effect to that. There will be a role for the existing patron/landowner in consulting with local community and school interests and taking into account proposals from different prospective multi-denominational patrons. It is envisaged that transfers will largely be by way of voluntary transfer of live schools by existing patrons.
This new process for supporting transfers of schools to multi-denominational patrons in response to the wishes of local families is based around principles of transparency and cooperation. Therefore, there will be a very substantial level of consultation of local communities in the process, both with the ETBs’ in the initial phase to establish evidence of demand by consulting pre-school parents and subsequently through the requirement for the existing patron to consult with local community and school interests in proposing to transfer patronage of an existing school to an alternative patron body. In that process, the existing patron will also take into account proposals from all prospective multi-denominational patrons that wish to be considered. The reconfiguration process for primary school patronage will be open to application from all patrons offering multi-denominational or non-denominational school models.
It is important to acknowledge the voluntary nature of these transfers, given that the current patron is in most cases the owner of the land on which the school stands. My Department will develop protocols on patronage transfer with existing patrons to ensure that school and local communities and prospective patrons are fully consulted before a decision is made. I am confident that this process will respect the views of all parties - parents, local schools and communities and patrons.
While these new structures are being introduced, my Department will continue to work with the main stakeholders to progress delivery of diversity in areas already identified, in 2017 and beyond. I would point out that the previous model of divestment yielded only a very limited number of schools for transfer to multi-denominational patrons. I believe that the reconfiguration for diversity process has the potential to significantly increase patron diversity in our school system.
244. Deputy Ruth Coppinger asked the Minister for Education and Skills if he will implement the recommendations of the United Nations committee on the elimination of discrimination against women (details supplied); and if he will make a statement on the matter. [17873/17]
Amharc ar fhreagraAs the Deputy will be aware, Ireland recently appeared before the United Nations Committee on the Elimination of Discrimination Against Women and my Department was represented on the Irish delegation at official level. In its concluding observations the Committee welcomed measures taken to improve women’s and girls’ access to quality education in Ireland and particularly welcomed the new short course in Social Personal and Health Education (SPHE). In relation to the recommendation on education on sexual and reproductive health and rights, referred to by the Deputy, Relationship and Sexuality Education (RSE) is included as part of SPHE, which is a mandatory programme at primary level. At primary level, SPHE provides particular opportunities to foster the personal development, health and well-being of the individual child, to help him/her to create and maintain supportive relationships and become an active and responsible citizen in society. Through an SPHE programme that is planned and consistent throughout the school, children can develop a framework of values, attitudes, understanding and skills that will inform their decisions and actions both now and in the future. As children progress through an SPHE programme, they will encounter a wide range of issues, including relationships, sexuality and child abuse prevention. The SPHE curriculum is structured in such a way that these issues are not explored in isolation; rather the emphasis is on building a foundation of skills, values, attitudes and understanding relevant to all issues, with specific information provided where necessary.
SPHE is also a mandatory programme at post-primary junior cycle level. Post primary schools must timetable one period per week for SPHE and five to six timetabled periods for SPHE in the year should be assigned to RSE. RSE is also mandatory at Senior Cycle.
245. Deputy Carol Nolan asked the Minister for Education and Skills the reason for the decision to refuse a second stream for a school (details supplied); and if he will make a statement on the matter. [17891/17]
Amharc ar fhreagraMy Department is currently in discussion with the relevant patron body concerning the intake of the school referred to by the Deputy.
A decision will be communicated to the patron body as soon as the analysis of the relevant factors has been completed.
246. Deputy John Deasy asked the Minister for Education and Skills the number of vacant buildings or accommodation units in his Department’s ownership or control; the locations of same; and the time they have been unoccupied in each case. [17923/17]
Amharc ar fhreagraThe information requested by the Deputy in relation to vacant properties follows. The information provided refers to property which is in my ownership where there are no immediate plans for school development.
Properties in the Ownership of the Minister for Education and Skills in respect of which there are no immediate plans for School development.
|
Location |
County |
Size (Acres) |
Local Authority |
Date of Purchase |
|
Aghina |
Cork |
1.57 |
Cork County Council |
2009 |
|
Ballincollig |
Cork |
0.15 |
Cork County Council |
2002 |
|
Garryvicleheen, Thurles |
Tipperary |
4 |
Tipperary County Council |
1995 |
|
Rathcoole |
Dublin |
4 |
South Dublin County Council |
1978 |
|
Rathcroghan |
Roscommon |
1.5 |
Roscommon County Council |
2007 |
|
St. John’s Well, Fairhill |
Cork |
1.07 |
Cork City Council |
1996 |
|
Carna |
Galway |
8.17 |
Galway County Council |
1975+2007 |
|
Ashbourne |
Meath |
22.41 |
Meath County Council |
2013 |
|
Mullaghmonaghan |
Monaghan |
8.87 |
Monaghan County Council |
2016 |
|
Colley St. |
Wicklow |
1.48 |
Wicklow County Council |
2002 |
247. Deputy Jack Chambers asked the Minister for Education and Skills if he will examine issues raised by persons regarding a school (details supplied); and if he will make a statement on the matter. [17936/17]
Amharc ar fhreagraThe school building project to which the Deputy refers is currently under construction in line with the planning permission granted by the Local Authority. The traffic management facilities on the site were the subject of pre-planning discussions with the Local Authority.
The issue of road safety measures in general in the road network outside the area of vested school sites such as road signage, traffic calming measures, car parking and pedestrian facilities are the responsibility in the first instance of the relevant local authority. The proposal to which the Deputy refers would be a matter, in this instance, for Fingal County Council.
248. Deputy Brendan Griffin asked the Minister for Education and Skills if additional accommodation will be provided for a school (details supplied) in County Kerry; and if he will make a statement on the matter. [17942/17]
Amharc ar fhreagraI wish to advise the Deputy that the school in question has submitted an application to my Department for capital funding for additional school accommodation. The application will be considered and a decision will be conveyed to the school authority as soon as the assessment process has been completed.
249. Deputy Mick Wallace asked the Minister for Education and Skills if a person who commenced employment as a Youthreach resource person in 2010 while covering sick leave in late 2010 and early 2011 can have this employment counted as prior service for eligibility for pre-2011 pay scales; and if he will make a statement on the matter. [17957/17]
Amharc ar fhreagra254. Deputy Mick Wallace asked the Minister for Education and Skills if a person who commences employment as a Youthreach resource person while covering sick leave is eligible for payment of a degree or diploma allowance; and if he will make a statement on the matter. [18056/17]
Amharc ar fhreagraI propose to take Questions Nos. 249 and 254 together.
Circular 0055/2011 (Revised salary scales and allowances for the application of 10% reduction in pay rates and fixed allowances to persons recruited to direct entry (recruitment) grades in the Education Sector with effect from 1 January 2011 for Adult Education Guidance Counsellors and Co-ordinators, Adult Education Guidance Information Officers, Adult Literacy Organisers, Community Education Facilitators, Psychologists (City and Co. Dublin VECs) and Youthreach Resource Persons) sets out in Section 6 the exclusions from the provisions of the circular.
Any queries on the implementation of the arrangements set out in Circular 0055/2011, such as whether the “new-appointee” payscale should apply to an individual should be communicated to the relevant employer in the first instance and then by the employer to the relevant line section of my Department (i.e. External Staff Relations Section) for clarification, giving details of the individual’s previous public service employment, e.g. grade, organisation, pay scale and dates of employment.
