Written Answers Nos. 136-151
136. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the way in which his Department responded to the declaration of the status red weather warning in relation to its own employees; and if he will make a statement on the matter. [47933/17]
Amharc ar fhreagraIn the first instance, I would like to extend my deepest sympathy to the families and friends of the three people who tragically lost their lives during Storm Ophelia last month.
The Department of Housing, Planning and Local Government is the Lead Government Department for coordinating the response to severe weather emergencies at national level. My Department is one of the Departments that participate in the National Emergency Coordination Group.
In terms of my own Department, the position on its response in relation to its own employees is that all offices of my Department remained closed on 16 October. Staff were notified by email and text message that they were not required to attend work. In addition, a message was shared on the Departments' social media account advising of the office closure.
137. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the status of the Office of Public Works refurbishment plan for Ballinasloe Garda station; the reason it took so long for the tender to be advertised; when it is expected the tender process will conclude; when it is expected the works will commence; the length of time it is expected the works will take; and if he will make a statement on the matter. [48037/17]
Amharc ar fhreagra138. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the status of the refurbishment plan for Ballinasloe Garda station; the reason it took so long for the tender to be advertised; when the tender process will conclude; when the works will commence; the length of time the works will take; and if he will make a statement on the matter. [48052/17]
Amharc ar fhreagraI propose to take Questions Nos. 137 and 138 together.
It is expected that tender evaluation for the works for Ballinasloe Garda Station will be completed in the near future, following which a contract should be placed by the end of the year. Prior to advertising for tenders, it is necessary to complete all the steps for a capital project as set out under the Capital Works Management Framework. All these activities take time but are necessary to ensure the successful delivery of a capital project.
Once a contract is placed the details in relation to the start date and construction period will be finalised.
139. Deputy Alan Farrell asked the Minister for Education and Skills the process to identify and acquire a site for a school (details supplied) for both temporary and permanent accommodation; the action his Department is taking in view of the urgency of site provision to allow the school to open for the coming 2018-19 academic year; and if he will make a statement on the matter. [47623/17]
Amharc ar fhreagraMy Department is continuing to liaise with officials in Fingal County Council in accordance with the Memorandum of Understanding in relation to the identification and acquisition of a suitable permanent site for this school. As with other site acquisitions in the area, due to the scarcity of suitable sites, this process has proven to be quite challenging and in that context has taken some time to date. Potential site options have been identified. However, due to the commercial sensitivities relating to site acquisitions generally, I am not in a position to provide further details at this time.
My Department is continuing to work in close co-operation with the Patron to facilitate the opening of this school in suitable interim accommodation in September 2018.
140. Deputy Peter Fitzpatrick asked the Minister for Education and Skills if he will address a matter in relation to a grant application by persons (details supplied); and if he will make a statement on the matter. [47625/17]
Amharc ar fhreagraI understand that the students to which the Deputy refers, have exhausted their statutory based appeals within SUSI and to the independent Student Grants Appeals Board. The Deputy will appreciate that it would be inappropriate for me to comment on the outcome of individual cases within this statutory appeals process.
With regard to the general issue of assessment of income under the Student Grants Scheme, the rates of grant and the income thresholds for the Student Grant Scheme are announced annually as part of the budget.
Student grant applications are means tested on gross income from all sources earned inside and outside the State within a specified reference period. The means test arrangements of the Student Grant Scheme are applied nationally. The assessment of income from the same starting point is deemed to be fair and reasonable because this approach eliminates any distortion which might arise from different spending decisions in different households. Consequently, there is no provision under the Student Grant Scheme to provide for any exceptions to those involved in the process of bankruptcy and/or insolvency agreements.
Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists students, in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Information on the fund is available through the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.
Also, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners at www.revenue.ie.
141. Deputy Robert Troy asked the Minister for Education and Skills if he will request SUSI to accept appeals and review requests from Members of the Houses of the Oireachtas through the Oireachtas support email address (details supplied). [47626/17]
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.
It should be noted that these lines are provided for the purposes of enquiries only and cannot be used to “accept appeals and review requests” from public representatives on behalf of a student.
Section 20 of the Student Support Act 2011 allows an applicant aggrieved by a determination of an awarding authority, to make an appeal to an appeals officer in SUSI, against that determination. There is no statutory provision to allow a third party to make an appeal on behalf of an applicant.
142. Deputy Mary Butler asked the Minister for Education and Skills the amount each of the institutes of technology have paid to an association (details supplied) since it was established; and if he will make a statement on the matter. [47646/17]
Amharc ar fhreagra143. Deputy Mary Butler asked the Minister for Education and Skills if the operation of the representative body for the 14 institutes of technology here (details supplied) can be brought under the scope of the Comptroller and Auditor General; and if he will make a statement on the matter. [47647/17]
Amharc ar fhreagraI propose to take Questions Nos. 142 and 143 together.
The association referred to by the Deputy is a new organisation which was launched in April this year. Its initial set of accounts from the point of launch are not yet available however a copy of its legacy body's most recent accounts (2016) were submitted to the Companies Registration Office.
The organization is audited by external auditors and its accounts are submitted to both the Companies Office and the Charities Regulator. As it is not a State body, and not directly funded by the State, it is therefore not audited by the C&AG. However, I understand that the organisation recognises that it operates in the public sphere and is fully open to inspection by the C&AG should they wish to do so.
A table outlining the amount of subscriptions paid by each Institute of Technology is being compiled and will be forwarded to the Deputy separately.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
144. Deputy Seán Haughey asked the Minister for Education and Skills if his attention has been drawn to the fact that a school (details supplied) does not have adequate broadband capacity and speed to deliver the curriculum; the action he will take to ensure adequate broadband capacity and speed for the children and teachers of this school; and if he will make a statement on the matter. [47671/17]
Amharc ar fhreagraThrough the Schools Broadband Access Programme the Department provides for the supply of internet connectivity for recognised primary and post primary schools. All post-primary schools and some special schools are now included in the 100Mbps programme.
Significant improvement has been made in recent years, with the number of primary schools with access to broadband speeds of greater that 30mbs having increased from less than 100 in 2012 to over 1000 in 2017. In Dublin, some 70 school in 2012 had access to broadband speeds of 30mbs or greater, now some 360 schools in Dublin have access to broadband speeds of 30mbs or greater.
Under the current programme the Department continually reviews the availability of services and upgrades schools where the opportunity arises, in line with contractual and budgetary requirements. A recent drawdown from the Framework of Providers of Broadband Services saw some 1,100 primary schools awarded download speeds of 30Mbps or greater (the baseline download speed required under the National Broadband Plan). Some 900 of those schools have now been connected with the balance to be in place by the end of 2017.
The policy of this Department is to offer the best quality connectivity to all schools in line with the technical solutions available in the market and financial constraints. Broadband capacity can vary due to geographical location and local infrastructure, and thus impact on the service that can be provided.
The need to improve broadband connectivity to primary schools is recognised in the Digital Strategy for Schools 2015-2020, and as noted access to high speed broadband is one of the indicators identified in the Digital Strategy Action Plan. An interdepartmental working group has been established to determine how best to address broadband connectivity to primary schools in collaboration with the Department of Communications, Climate Action and Environment, in the context of the National Broadband Plan and the Intervention Strategy, and proposed industry provision.
In the case of the school referred to be the Deputy, the Schools Broadband Service Desk and the current Service Provider have reviewed the service provided, and they advise that the school is on the best broadband solution available at present. The school was upgraded in 2016 to an e-fibre solution and can receive speeds of up to 90mbs.
145. Deputy James Browne asked the Minister for Education and Skills further to Parliamentary Question No. 158 of 25 October 2017, if he will address the fact that a fire hazard, namely a refuse store, is situated in between a gas tank and the school building at a school (details supplied); and if he will make a statement on the matter. [47683/17]
Amharc ar fhreagraAs previously advised the acceptable tank separation distance for a tank of this size between other gas tanks and other buildings, boundary walls etc. is 3 metres. The Design and Build Contractor has confirmed that the tank is located approximately 13 metres from the building which they and their Consultant Engineer have advised is an acceptable distance.
While the Deputies question refers to a "refuse store" as a fire hazard there is no indication that this is in fact the case. However, a member of my Department's technical staff will shortly arrange a visit to the school to further assess the situation.
146. Deputy John Curran asked the Minister for Education and Skills the progress made to date in his Department in releasing its interest in a school building (details supplied) which is to be acquired and used as a community facility; and if he will make a statement on the matter. [47689/17]
Amharc ar fhreagraMy Department has considered the above request. My Department has instructed the Chief State Solicitor's Office, who in turn have been in contact with the legal representatives of the property owner to inform them of the steps which need to be taken in order to release my interest in the property.
The Chief State Solicitor's Office is in ongoing contact with the property owner's legal representatives with a view to completing the process as soon as possible.
147. Deputy Róisín Shortall asked the Minister for Education and Skills the position regarding pay for special needs assistants on the days that schools were closed on 16 and 17 October 2017 due to Storm Ophelia; his plans to ensure that SNAs are not left without their pay for these dates; and if he will make a statement on the matter. [47690/17]
Amharc ar fhreagraPrimary and Post Primary Schools including special schools across the country were closed on October 16th and 17th due to Storm Ophelia. Teachers and Special Needs Assistants who were scheduled to undertake duties in a school on 16th and 17th October will be paid as normal for these dates.
148. Deputy Michael McGrath asked the Minister for Education and Skills the sections of the Education for Persons with Special Educational Needs Act 2004 that have not yet been commenced; his plans in this regard; and if he will make a statement on the matter. [47698/17]
Amharc ar fhreagraA number of sections of the Education for Persons with Special Educational Needs Act 2004 have been commenced, including those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children.
The Sections of the EPSEN Act which have not been implemented are those which would have conferred a statutory entitlement to:
- an educational assessment for all children with special educational needs.
- consequent development of a statutory individual educational plan (IEP).
- the delivery of detailed educational services on foot of this plan.
- an independent appeals process.
Legal advice provided to my Department indicates that the EPSEN Act, as it is currently constituted, may not be implemented on a phased, or age cohort, basis.
Under the Programme for a Partnership Government I have committed to consulting with stakeholders on how best to progress aspects of the Act on a non-statutory basis.
In order to ensure that inclusive education can be provided for, very significant investment has been made in the area of special educational needs supports.
Funding for special education provision in 2017 will amount to some €1.68 billion, which is equivalent to approximately 19% of the gross overall current allocation for education and training and represents an increase in spending in this area of 12% over the last two years. It is now 31% higher than in 2011.
At present, all schools are encouraged to use Education Plans. My Department's Inspectorate's advice is that the majority of schools are now using some form of individual education planning for children with special needs. In line with Circular 30/2014, schools are required to put in place Personal Pupil Plan including a care plan for all pupils availing of SNA support.
Providing power to the National Council for Special Education, as envisaged under Section 10 of the EPSEN Act, to designate a school place for a person with special educational needs, is currently being considered in the context of the Education (Admission to Schools) Bill 2016.
While awaiting the full implementation of the EPSEN Act, the NCSE has published a number of policy advice papers which make recommendations aimed at developing a better or more effective alternative to the current resource allocation model, and which aims to move the system towards ultimate implementation of the EPSEN Act.
These reports include the NCSE policy advice on Supporting Students with Special Educational Needs in Schools, published in 2013, and the Report of the Working Group on a Proposed New Model for Allocating Teaching Resources for pupils with Special Educational Needs, published in 2014.
This new model for allocating support to pupils with special educational needs has been implemented from September 2017. Circular 0013/2017 for primary schools which was published on 7th March 2017 sets out the details of the new model for allocating special education teachers to schools. The revised allocation model replaces the generalised allocation process at primary and post primary school level for learning support and high incidence special educational needs, and the National Council for Special Education (NCSE) allocation process which provided additional resource teaching supports to schools, to support pupils assessed as having Low Incidence disabilities. Guidelines for schools on the organisation, deployment and use of their special education teachers have also been published; http://www.education.ie/en/The-Education-System/Special-Education/Guidelines-for-Primary-Schools-Supporting-Pupils-with-Special-Educational-Needs-in-Mainstream-Schools.pdf. One of the benefits of this new approach is that schools will have greater flexibility as to how they will deploy their resources.
The NCSE is currently undertaking a comprehensive review of the SNA scheme, in consultation with other relevant Departments and State Agencies, including the National Disability Authority (NDA), to identify the most appropriate form of support options to provide better outcomes for students with Special Educational Needs, having regard to the significant amount of State investment in this area.
In response to a progress report from the NCSE on the comprehensive assessment, the NCSE were requested to establish a working group, comprising relevant stakeholders, to assist in proposing a better model for providing care supports so as to provide better outcomes for students with special educational needs who have additional care needs. This Working Group has commenced its work and the work will run in tandem with the completion of the overall Comprehensive Assessment of the SNA Scheme.
It is intended that the reports of the Working Group and of the Review will be completed in Spring 2018.
It is therefore intended to bring into effect many of the good ideas contained in the EPSEN Act, on a non-statutory basis initially, through policy developments across a range of areas, in conjunction with NCSE policy advice.
149. Deputy Ruth Coppinger asked the Minister for Education and Skills his plans to examine the need for a change to section 37(1) of the Employment Equality Act 1998 in view of the reported case (details supplied) of a teacher receiving negative marks in a selection process for a deputy principal position due to religious beliefs. [47703/17]
Amharc ar fhreagra150. Deputy Ruth Coppinger asked the Minister for Education and Skills if he has discussed the matter of discrimination against school staff with an organisation (details supplied); and if he will make a statement on the matter. [47704/17]
Amharc ar fhreagra151. Deputy Ruth Coppinger asked the Minister for Education and Skills if the reported case of a person (details supplied) not obtaining a deputy principal position in a school due to their personal circumstances took place prior to the commencement of the Equality (Miscellaneous Provisions) Act 2015. [47705/17]
Amharc ar fhreagraI propose to take Questions Nos. 149 to 151, inclusive, together.
The Equality (Miscellaneous Provisions) Act 2015, which commenced on 1 January 2016, provided for certain changes in the exclusion of discrimination on particular grounds in certain employments (i.e. educational or medical institutions maintained, in whole or in part, by monies provided by the Oireachtas) by amending Section 37 of the Employment Equality Act, 1998.
The amended Section 37 imposes a higher burden of proof on relevant employers in that it obliges them to show that, for example, any favourable treatment of an employee or prospective employee is limited to the religion ground, that the treatment does not constitute discrimination on any of the other discriminatory grounds (gender, civil status, family status, sexual orientation, age, disability, race and membership of the Traveller community). More favourable treatment on the religion ground shall be taken to be discrimination unless by reason of the nature of the institution’s activities or the context in which the activities are being carried out, the religion or belief of the employee or prospective employee constitutes a genuine, legitimate and justified occupational requirement having regard to the institution’s ethos, that the action taken against a person must be objectively justified by reference to that institution’s aim of protecting its religious ethos and that the means of achieving that aim are appropriate and necessary.
My Department has received correspondence in relation to the matter raised by the Deputy. Whilst the interviews referred to in the correspondence took place prior to the commencement of the Equality (Miscellaneous Provisions) Act 2015 my Department takes these matters most seriously and has written to the bodies involved seeking clarity on the issues raised.
