Written Answers Nos. 188-207
188. Deputy Danny Healy-Rae asked the Minister for Education and Skills to outline the enrolment policy for secondary schools; his views on the fact that enrolment is decided after all applications are received in order that the school will vet the person to determine if applicants will be accepted; and if persons in catchment areas receive preference. [53030/17]
Amharc ar fhreagraIt is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The enrolment policy must be non-discriminatory and must be applied fairly in respect of all applicants.
My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. Parents can choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary.
This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. In this regard, a school may decide to prioritise applicants based on a catchment area approach.
As the Deputy will be aware I published the Education (Admission to Schools) Bill on 6th July 2016. The Bill, which passed Committee Stage on 28 June 2017, will shortly proceed to Report Stage.
The Bill amends the Education Act 1998 to provide an over-arching framework for greater transparency and fairness in school enrolment generally and thereby gives greater confidence to parents that the admission criteria laid down by schools and the procedures used by them are legitimate, reasonable and fair.
The provisions of the Bill should make it easier for parents to more easily access local schools and to enrol their children in a school that meets their needs.
189. Deputy Michael Healy-Rae asked the Minister for Education and Skills if a school bus (details supplied) will either be repaired or replaced; and if he will make a statement on the matter. [53050/17]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 114,000 children, including some 12,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
Bus Éireann has confirmed that the bus referred to by the Deputy was operating a school transport service on a temporary basis and has now been replaced.
190. Deputy Thomas Byrne asked the Minister for Education and Skills to outline the position with regard to protected disclosures made by persons employed by the National Council for Curriculum and Assessment. [53059/17]
Amharc ar fhreagraAs the Deputy is aware, I have appointed an independent external examiner to carry out an investigation into claims made by a number of current and former staff of the National Council for Curriculum and Assessment (NCCA), contained in a disclosure made under the Protected Disclosures Act 2014, to report to me on the investigation and make any appropriate recommendations.
191. Deputy Clare Daly asked the Minister for Education and Skills to set out the number of students per year from each of the six institutions (details supplied) that run the pre-registration direct entry midwifery degree who did not proceed with the fourth and final year of this degree and did not qualify; and the number of those who failed in the course of the fourth and final year and did not qualify. [53068/17]
Amharc ar fhreagraThe details sought by the Deputy are not readily available. Officials in my Department are arranging for the relevant information to be gathered and it will be forwarded to the Deputy as soon as it becomes available.
192. Deputy Thomas Byrne asked the Minister for Education and Skills to outline the statutory obligations he must comply with in respect of funding primary and secondary schools. [53078/17]
Amharc ar fhreagraThe statutory obligations my Department must comply with in respect of funding for recognised primary schools and post primary schools within the free education scheme derive mainly from the Education Act 1998. Funding to meet these obligations is voted to my Department in the annual Appropriation Acts.
At the core of funding arrangements for schools is reliance upon capitation as the principal determinant of funding. Schools are notified via Department Circular in relation to grant rates and any changes to same and these are available on my Department's website at www.education.ie.
193. Deputy Bernard J. Durkan asked the Minister for Education and Skills to outline the progress to date and the expected progress in the near future in the case of a building project at a school (details supplied); when this project is expected to be completed; and if he will make a statement on the matter. [53085/17]
Amharc ar fhreagraAs the Deputy may be aware, the project to which he refers has been devolved for delivery to the local Education and Training Board (ETB).
Planning permission has been received for the project which is at the detailed design stage. In this regard, the Stage 2B submission was recently submitted to my Department for examination. The outcome of this examination will be conveyed to the ETB as soon as it is available. As the project is still in architectural planning, it is not possible to say now when it will be completed.
194. Deputy Bernard J. Durkan asked the Minister for Education and Skills to outline the progress to date and the expected progress in the near future in the case of a building project at a school (details supplied); when this projected is expected to be completed; and if he will make a statement on the matter. [53086/17]
Amharc ar fhreagraAs the Deputy is aware, a building project for the school to which he refers is included in my Department's 6 Year Capital Programme.
The preliminary work relating to the project has commenced following a site visit to the school by my Department. This includes considering how the accommodation requirements of the school will be best met and this process is currently in train. When this process has been completed, my Department will be in contact with the Patron of the school.
195. Deputy Maurice Quinlivan asked the Minister for Education and Skills to outline the estimated cost of abolishing apprenticeship fees for 2018. [53098/17]
Amharc ar fhreagraAn Annual Student Contribution is levied on all students attending Institutes of Technology (IoTs). Previously this Annual Student Contribution was paid by FÁS/SOLAS with apprentices themselves paying the part of the contribution relating to examination fees. As part of Budget 2014, SOLAS ceased making payments to IoTs and apprentices pay the full pro rata Annual Student Contribution.
The amount charged to apprentices is calculated on a pro rata basis of the time which they spend in IoTs during the academic year. This cost would typically be one third of the Annual Student Contribution paid by students attending for the full academic year, currently €3,000 and would amount to approx. €1,000 per student per annum.
The cost of not charging the Annual Student Contribution to apprentices is estimated to be €3.8 million in 2017 and €4.2 million in 2018.
I have no plans to abolish the Annual Student Contribution for apprentices.
196. Deputy Maurice Quinlivan asked the Minister for Education and Skills further to Parliamentary Question No. 388 of 7 November 2017 to outline the way in which the cost of an apprentice per annum is calculated. [53099/17]
Amharc ar fhreagra197. Deputy Maurice Quinlivan asked the Minister for Education and Skills further to Parliamentary Question No. 388 of 7 November 2017 if he will provide a breakdown of the way in which the cost of an apprentice per year is calculated. [53102/17]
Amharc ar fhreagraI propose to take Questions Nos. 196 and 197 together.
The 2018 budget allocation for apprenticeship training is €122 million which represents an increase of almost 24% on the 2017 allocation of €98.7 million. This will support an end of year population of over 16,000 craft-based apprentices at an average of €6,700 per apprentice and an end of year population of over 2,000 in new consortia-led apprentices at an average of €5,100 per apprentice. The average of these two figures is the figure given to the Deputy in Parliamentary Question 388 of 7 November.
198. Deputy Tom Neville asked the Minister for Education and Skills if his Department provides funding for outdoor shelters and the expansion of playgrounds in national schools; and if he will make a statement on the matter. [53107/17]
Amharc ar fhreagraI wish to advise the Deputy that funding for the works outlined are appropriate to the Summer Works Scheme (SWS). The purpose of the SWS is to devolve funding to individual school authorities to undertake small and medium scale improvement works that will upgrade existing school facilities, which can be carried out during the summer months or at other times that avoid disrupting the operation of the school. The scheme is designed to address necessary and immediate works within the funding available.
Where a school did not apply under SWS 2016 and 2017, it will be open to the school, if it so decides, to make an application under a future scheme. Alternatively, a school may use its minor works grant to carry out the works in full or on a phased basis as that grant permits, if the school considers it to be a priority.
199. Deputy Tom Neville asked the Minister for Education and Skills if a review of the retirement benefit scheme on medical grounds will be considered to allow persons to take on rehabilitative work similar to his Department's disability allowance and partial capacity benefit schemes; and if he will make a statement on the matter. [53108/17]
Amharc ar fhreagraThe award of an occupational pension on retirement on medical grounds under pension schemes administered by my Department for teachers and other school staff is grounded on an assessment of the medical evidence supplied as part of the application process. The medical evidence is assessed by an Occupational Health Service Provider on behalf of the Department. The criteria to be satisfied are that the person is incapable by reason of infirmity of discharging his/her duties and that the infirmity is likely to be permanent. The decision to award or refuse a pension in such circumstances is made by my Department based on the medical recommendation.
My Department’s occupational pension schemes operate in the context of overall public service pension policy which is determined by the Minister for Finance, Public Expenditure and Reform. My Department does make provision for registered teachers who are still in employment to avail of reasonable accommodations (for those with disabilities) and partial return to work (for those transitioning from illness to full-time duties as appropriate) in conjunction with the Occupational Health Service Provider and their employer.
I understand that disability allowance and the partial capacity benefit schemes referred to by the Deputy are administered under the social welfare code. I am therefore not in a position to comment on the operation of those schemes.
200. Deputy Maurice Quinlivan asked the Minister for Education and Skills if his attention has been drawn to a person (details supplied) who has been diagnosed with behavioural disorder and has been without a school placement since September 2017; the measures being taken to secure a suitable school placement for the person; and if he will make a statement on the matter. [53113/17]
Amharc ar fhreagraThe enrolment of a child to a school is a matter, in the first instance, for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools.
The policy of my Department is to ensure that all children with special educational needs can be provided with an education appropriate to their needs.
Where possible, provision is made for the inclusive education of children with special educational needs. My Department's policy is that students with special educational needs should be included where possible and appropriate in mainstream placements with additional supports provided.
In circumstances where children with special educational needs require more specialised interventions, special school or special class places are provided for.
The National Council for Special Education (NCSE), through its network of Special Educational Needs Organisers (SENOs), co-ordinates special needs education provision at local level and arranges for the delivery of special educational supports to schools. It is also the role of the NCSE to make appropriate arrangements to establish special classes in schools in communities where the need for such classes has been identified.
SENOs are a valuable source of support to parents who are actively sourcing a placement for their child. The parents of the child referred to by the Deputy are encouraged to contact their local SENO directly to discuss their child's special educational needs and request assistance in identifying educational placements. Contact details are available on www.ncse.ie.
The NCSE also works in collaboration with the Educational Welfare Services (EWS) of the Child and Family Agency which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child or can offer assistance where a child is out of school.
The local service is delivered through the national network of Educational Welfare Officers (EWO). Contact details are available at http://www.tusla.ie/get-in-touch/education-and-welfare/.
My Department has been advised by the local Educational Welfare Officer that they are liaising with the local SENO to assist the family in seeking a placement for the child referred to by the Deputy and, in the meantime, assisting with an application for home tuition.
Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department or, in the case of an Education and Training Board (ETB) school, to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student, or suspends a student for 20 or more days in any school year.
My Department has no authority to compel a school to admit a student, except in the case of an appeal under Section 29 of the Education Act, 1998 being upheld.
Application forms for taking a section 29 appeal are available on my Department's website at the following link: http://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/Section-29-Appeals-Application-Form.doc, or by contacting Section 29 Administration Unit, Friars Mill Road, Mullingar, Co. Westmeath, phone 0761 108588.
201. Deputy Fergus O'Dowd asked the Minister for Education and Skills if an exemption for a leaving certificate exam subject for a person (details supplied) will be granted; and if he will make a statement on the matter. [53115/17]
Amharc ar fhreagraWhile the study of Irish is compulsory in both primary and post-primary schools recognised by my Department, there are a limited number of specific circumstances whereby an exemption from this requirement may be granted.
The granting of exemptions is governed by Departmental circular M10/94 for post-primary schools. Under this circular the authority to grant exemptions within the terms of the circulars has been delegated to school management.
If a school is uncertain as to whether a pupil's circumstances fall within the criteria of the relevant circular or where a school's decision to refuse an application for an exemption is queried, it is open to either the school or the parent/guardian to seek advice from my Department as to the application of the criteria for an exemption to a particular case. Officials from my Department will contact the Deputy with the details of how a request for advice in respect of the Irish exemption circulars may be processed.
202. Deputy Aindrias Moynihan asked the Minister for Education and Skills to set out the status of the school transport review recommendation to reduce the minimum number of students needed for a route; and if he will make a statement on the matter. [53119/17]
Amharc ar fhreagraSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 114,000 children, including some 12,000 children with special educational needs, are being transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
The purpose of the School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.
In general, children are eligible for school transport if they meet the distance criteria and are attending their nearest school.
A minimum number of 10 eligible children residing in a distinct locality, as determined by Bus Éireann, are required before consideration may be given to the establishment or retention of school transport services, provided this can be done within reasonable cost limits.
The Programme for Government committed to a review of the concessionary charges and rules element of the School Transport Scheme. As part of the review I established a Cross Party Group to feed into the review. This review has been completed and is available on the Department's website.
However, following a meeting of this Cross Party Group a range of submissions relating to the School Transport Scheme were received from members of the Oireachtas. As these submissions largely related to the scheme in general they were outside the scope of the original review.
These submissions have, however been examined. In instances where a route is to be withdrawn under the minimum numbers policy and where school affected can show evidence that the number of eligible pupils will again reach ten or more within two years then this route should not be withdrawn.
203. Deputy Michael Healy-Rae asked the Minister for Education and Skills to set out the status of an appeal by a school (details supplied); and if he will make a statement on the matter. [53206/17]
Amharc ar fhreagraI wish to advise the Deputy that DES Circular 0013/2017 for primary schools and 0014/2017 for post primary schools were published on 7th March 2017.
These Circulars set out the details of the new model for allocating special education teachers to schools.
The revised allocation process 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.
The new Special Education Teaching allocation provides a single unified allocation for special educational support teaching needs to each school, based on each school’s educational profile.
Under the new allocation model, schools have been provided with a total allocation for special education needs support based on their school profile.
The provision of a profiled allocation is designed to give a fairer allocation for each school which recognises that all schools need an allocation for special needs support, but which provides a graduated allocation which takes into account the actual level of need in each school.
I wish to advise the Deputy that the school referred to in his question received an allocation of 46.03 hours of special education teaching support, based on its school profile and an enrolment of 69 pupils at the time that the school profile developed. This is a substantial allocation of hours for a school of this size.
Whereas the profiled allocation had indicated a need of 45 hours for this school, based on its school profile and size, and relative to the profiled needs of all other schools, the school was allocated 46.03 hours, which was equivalent to the allocation the school received in 2016/17.
Under the new allocation model schools are frontloaded with resources, based on each school’s profile, to provide supports immediately to those pupils who need it without delay. This reduces the administrative burden on schools as schools no longer have to complete an application process annually and apply for newly enrolled pupils who require resource hours. Children who need support can have that support provided immediately rather than having to wait for a diagnosis.
Schools will therefore no longer have to make applications for newly enrolled pupils for whom resource teaching hours may have been provided under the old model, or for pupils who have received a new diagnosis, as schools will now receive a single allocation for all of their special education teaching needs, based on their school size and profile.
It should be noted that this is a brand new model of allocation and is not comparable to the existing model. By using a broad range of attainment and socio-economic criteria, it is expected that generally, a school’s profile will remain relatively constant from year to year. Each year, some students with additional teaching needs will leave and others will enrol, broadly balancing the school profile. Resources allocated under this model will not normally be adjusted between allocations.
Both my Department and the National Council for Special Education (NCSE) are committed to ensuring all schools are treated equally and fairly in the manner in which their school profiles have been calculated.
Accordingly, a number of review processes have been put in place to support schools.
In March of this year, the National Council for Special Education (NCSE) published details of an appeal process for schools.
Schools were advised that this appeal would consider circumstances where schools considered that their school profile was calculated incorrectly, using the data set out in DES Circulars 0013 and 0014 2017. An appeal could be submitted for a review of the information used and of the calculation of the allocation.
Schools which wished to submit an appeal on this basis were asked to do so by March 31 2017. These appeals have been processed and this appeal process has now concluded. The school mentioned did submit and appeal and was informed of the outcome in August 2017.
A second process has been put in place to address circumstances where the school profile significantly changed following the allocation process e.g. a developing school where the net enrolment numbers significantly increased.
The criteria for qualification for mainstream school developing school posts are set out in DES Circular 17/2017 (Primary School Staffing Schedule) and DES 10,11,12/2017 (Post Primary School Staffing Schedule).
Schools which qualified for additional mainstream developing school posts in accordance with these criteria also qualified for additional Special Education Teaching Allocations to take account of this developing status.
Schools were also advised that it is acknowledged that there are some circumstances, which may arise in schools, which fall outside the appeals process, or allocations for developing school status.
These relate to exceptional or emergency circumstances which could not have been anticipated e.g. where the school profile changes very significantly, or where other exceptional circumstances have arisen in a school and which may require a review of schools capacity to provide additional teaching support for all pupils who need it in the school, or of their utilisation of their allocations.
The NCSE has now published details of how schools can seek a review of their allocations, including the utilisation of their allocations, in circumstances where a school considers that very exceptional circumstances have arisen subsequent to the development of the profile. The school referred to by the Deputy in this question has submitted a request for a review under this process and the NCSE will be in contact with the school regarding this request in the near future.
204. Deputy James Lawless asked the Minister for Justice and Equality the process for registering a right of way; the changes to the process; and if he will make a statement on the matter. [52660/17]
Amharc ar fhreagraI can inform the Deputy that there are two systems of registration in Ireland managed and controlled by the Property Registration Authority (PRA).
Where the property affected by the right of way is unregistered land, the process for registering a deed of Grant of Right of Way is set out in the PRA’s Practice Direction “Registry of Deeds Procedures” available on the PRA website www.prai.ie.
Where the property affected by the right of way is registered land (i.e. registered in the Land Registry) the process for registering a deed of Grant of Right of Way in the Land Registry is set out in the PRA’s Practice Direction “Burdens – Registration of Burdens” and if an application is made to have the right of way registered as appurtenant to the dominant tenement in the PRA’s Practice Direction “Appurtenant Rights” available on the PRA website www.prai.ie.
The reference in the Deputy's Question to “changes to the process” may refer to rights of way acquired by prescription. Section 35(1) of the Land and Conveyancing Law Reform Act 2009 as amended by section 37(1)(b) of the Civil Law (Miscellaneous Provisions) Act 2011 provided that “An easement or profit à prendre may be acquired at law by prescription – (a) on registration of a court order under this section, or (b) in accordance with section 49A of the Act of 1964”.
PRA practice in relation to rights of way acquired by prescription, in accordance with Section 49A of the Registration of Title Act 1964 as amended [i.e. in relation to registered land], is set out in the PRA Practice Direction “Easements and Profits à Prendre Acquired by Prescription under Section 49A" available on the PRA website www.prai.ie.
PRA procedure for the registration of a court order under Section 35(1) of the Land and Conveyancing Law Reform Act 2009 as amended in the Registry of Deeds is set out in the PRA Practice Direction “Registry of Deeds Procedures” and in the Land Registry in the PRA Practice Direction “Burdens – Registration of Burdens”.
205. Deputy Robert Troy asked the Minister for Justice and Equality to outline the status within law of the 2007 Hague Convention on the international recovery of child support and other forms of family maintenance and its protocol on the law applicable to maintenance obligations; and if he will make a statement on the matter. [53210/17]
Amharc ar fhreagraThe arrangements governing the recovery of maintenance within the EU are contained in Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations which has applied in full since 18 June 2011. Denmark participates in the jurisdiction, recognition and enforcement aspects of this Regulation by virtue of a separate agreement between that country and the EU and the provisions in the instrument relating to applicable law and cooperation between Central Authorities do not apply in relation to that Member State. The UK, which, unlike Ireland, opted into the Regulation after its adoption, also does not participate in the applicable law provisions.
The Maintenance Regulation explicitly provides that the law applicable to maintenance obligations is to be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations in the Member States bound by that instrument. The Hague Protocol was approved on behalf of the European Community (as it then was) pursuant to a Council Decision dated 30 November 2009 which further provided for the provisional application of that Protocol to maintenance claims in a Member State as and from 18 June 2011. As indicated above, however, neither Denmark nor the UK took part in that Decision and, therefore, were not bound by its terms.
The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance was approved on behalf of the European Union pursuant to a Council Decision dated 9 June 2011. Both Ireland and the United Kingdom took part in the adoption and application of that Decision.
The legislation dealing with certain aspects of the Convention is being developed but the need to address other legislative priorities of a pressing nature has resulted in delays in the progression of that development. It is hoped, however, that the preliminary work in relation to a draft Scheme will be brought to a conclusion early in 2018.
206. Deputy Micheál Martin asked the Minister for Justice and Equality if the increased violent attacks on civilians will be discussed at the December EU Council meeting. [53226/17]
Amharc ar fhreagraThe draft agenda for this week's meeting of the European Council sets out a number of broad areas for discussion by the Heads of State and Government - defence; social issues, education and culture; migration; external relations; and the Brexit negotiations.
The EU's actions to counter terrorism are a consistent aspect of the agenda of the Council of Justice and Home Affairs Ministers. The Deputy will wish to know that I attended a meeting of the Justice and Home Affairs Council on Thursday last week at which Ministers discussed ongoing work to combat the threats from terrorism and violent radicalisation that has seen a number of brutal attacks on innocent people in a number of EU member states.
Work to counter violent radicalisation is an important element of the EU agenda in this regard and a high-level expert group, set up earlier this year by the European Commission, to look at enhancing ways to counter violent radicalisation presented an interim report to Ministers which, importantly, emphasised the need to ensure a cross-sectoral approach to countering violent radicalisation.
Ongoing actions to enhance co-operation between law enforcement and counter terrorism authorities in the EU, particularly with regard to sharing information and making the best use of the available EU and Member State resources, also formed an important part of my discussions on countering terrorism with colleagues at the Council.
207. Deputy Catherine Connolly asked the Minister for Justice and Equality to specify the body responsible for investigating a complaint against the Garda Commissioner, the Garda Síochána Ombudsman Commission, GSOC, and the Policing Authority; and if he will make a statement on the matter. [52632/17]
Amharc ar fhreagraComplaints against members of the Gardaí can be made to the Garda Síochána Ombudsman Commission (GSOC) in accordance with the provisions of the Garda Síochána Act 2005. The Oireachtas enacted the Garda Síochána (Amendment) Act 2015 to reform, strengthen and clarify the remit and operation of the GSOC. One of the changes was to allow GSOC to investigate a complaint made against the Garda Commissioner with the approval of the Minister for Justice and Equality.
Both GSOC and the Policing Authority are statutorily independent. It is important that we all respect the independence of bodies such as GSOC and the Policing Authority.
Both bodies have customer service charters which set out the process for the making of complaints against their respective bodies and how these will be handled.
There is a mechanism in the Garda Síochána Act for the independent investigation of the conduct of a designated officer of GSOC. Section 109 of the Act permits the Minister, having consulted with GSOC, to invite the Chief Justice to nominate a judge of the Supreme Court, the Court of Appeal or the High Court to inquire into the conduct of a designated officer of GSOC while performing functions under section 98 or 99 in relation to an investigation. Given the nature of such an inquiry, namely one to be carried out by a judge of the superior courts who will have the powers, rights and privileges vested in a judge of the High Court, it cannot be considered to be an ordinary complaints or grievance procedure.
The Policing Authority Customer Charter states that a person who is unhappy about the standard of service is encouraged to raise the matter with the staff member concerned. If the issue is not resolved in this manner it can be the subject of a formal complaint. If that does not resolve it, the matter can be brought to the Office of the Ombudsman.
