Written Answers Nos. 162-186
162. Deputy Róisín Shortall asked the Minister for Education and Skills the status of discussions with the teacher unions on addressing pay inequality among post 2011 entrants; and if he will make a statement on the matter. [11416/18]
Amharc ar fhreagraThe public service agreements have allowed a programme of pay restoration for public servants to start. I negotiated together with my colleague the Minister for Public Expenditure and Reform, a 15-22% pay increase for new teachers. The agreements to date have restored an estimated 75% of the difference in pay for more recently recruited teachers and deliver full equality at later points in the scale.
As a result of the changes I negotiated together with my colleague the Minister for Public Expenditure and Reform, the current starting salary of a new teacher is €35,958 and from 1 October 2020 onwards will be €37,692. If full equalisation was achieved the starting salary for a post-primary teacher from 1 October 2020 would be €43,879 and for a primary teacher would be €41,511, at a cost of over €200 million across the public service.
Differential pay scales were introduced by the then Government in 2010. It must be borne in mind that the pay reduction for post-2011 entrants to the public service applied to all public servants and not just teachers, and that any restoration of these measures in respect of teachers would be expected to be applied elsewhere across the public service. While I am not in a position to provide an estimate of the total cost of restoring all post-1 January 2011 entrants in all of the public service to the pre-2011 pay scale arrangements, I can say that in the case of education and training sector employees, including teachers, the estimated current full year cost would be in the order of €130 million. Clearly, the cost across the entire public service would be substantially higher.
To have gone further than the pay increases that have been negotiated for 2018 would mean I would have had less money available to hire over 1,000 extra SNAs and over 1,000 extra teachers in 2018.
Any further negotiation on new entrant pay is a cross sectoral issue, not just an issue for the education sector. The Government also supports the gradual, negotiated repeal of the FEMPI legislation, having due regard to the priority to improve public services and in recognition of the essential role played by public servants.
A commitment is included in the Public Service Stability Agreement 2018-2020 to consider the issue of newly qualified pay within 12 months of the commencement of the Agreement. That process has now commenced with a first meeting on 12 October 2017. The three teacher unions attended that first meeting.
In addition, under the terms of the Public Service Pay and Pensions Act 2017, the Minister for Public Expenditure and Reform is required, within 3 months of the passing of the Act, to prepare and lay before the Oireachtas a report on the cost of dealing with pay equalisation for new entrants to the public service. It is understood that work on the report is progressing.
163. Deputy Róisín Shortall asked the Minister for Education and Skills if the Catholic patron in schools (details supplied) was requested to make an existing school building available to a group; if so, the response in each case; his response to the recent proposals by the group for these schools; and if he will make a statement on the matter. [11417/18]
Amharc ar fhreagraAs the Deputy will be aware, the 2012 Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector recommended that demand for patronage diversity should be met in areas of stable population by divesting patronage of existing schools where there is evidence of parental demand for change.
In this context, in 2012/13, my Department undertook surveys of parental preferences in 43 areas of stable population to establish the level of demand for a wider choice in the patronage of primary schools. These areas were all stable in terms of population growth, so no new school places were required. However sufficient demand for more choice emerged in 28 areas, including the areas referred to by the Deputy.
In the majority of the 28 areas surveyed where sufficient demand emerged, the level of parental demand for a wider choice indicated a size of a four classroom school being required to accommodate such a level of demand.
Following completion of the surveys consultations took place with the main Catholic patrons in each area to discuss patronage divesting options. Under the patronage divesting process, a school could be opened where a school building became, or was due to become available as a result of an amalgamation/closure of an existing school. In some areas, in responding to demand for diversity where existing patrons were unable make school properties available, the Department expanded the scope to include an examination of properties held in public ownership.
To date, ten new schools have opened under the patronage divesting process. Of the five schools referred to by the Deputy, one is operating from a State-owned building and one is located in a former school building owned by the Catholic Church. In one area a property has transferred from the Catholic Church under the Redress process and arrangements are underway for the necessary works to be carried out in order for the Educate Together school to operate from here. In the remaining two areas, work is ongoing on securing school buildings arising from amalgamations.
In order to facilitate the opening of the schools, their initial establishment, as with most new schools, has been in temporary start-up accommodation, pending a permanent school building being made available. All schools, irrespective of their location, have to operate within their available accommodation and manage annual pupil intake accordingly.
The initial establishment of these schools as four-classroom schools and the need to be cognisant of managing the available accommodation has been reflected in my Department’s engagement with the patron body of the schools, Educate Together. When one of the schools raised the issue of expanding its enrolment, my Department invited Educate Together to submit a case to it in this regard. A case has been submitted by Educate Together to further expand the five schools and a case for each of these schools is currently under consideration. A meeting has been arranged with Educate Together to further discuss the issues involved.
My Department is currently carrying out nationwide demographic exercises at primary and post-primary level to identify areas of demographic growth and determine where additional school accommodation is needed in order to plan for school provision nationwide and this work is almost complete. In this context, the outcome of the nationwide demographic exercises will input into consideration of the case submitted by Educate Together.
I have announced a new Patronage Reconfiguration process, which will accelerate the delivery of multi-denominational and non-denominational schools, to reach 400 live schools by 2030. Unlike the previous process, this plan will focus on live transfers, so that a school which transfers under this process would not be reliant on temporary accommodation.
164. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if a SUSI grant for a person (details supplied) will be expedited. [11420/18]
Amharc ar fhreagra176. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if a SUSI grant will be issued to a person (details supplied). [11656/18]
Amharc ar fhreagraI propose to take Questions Nos. 164 and 176 together.
I understand that the student to which the Deputy refers has exhausted her 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, 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.
165. Deputy Louise O'Reilly asked the Minister for Education and Skills when the portacabins adjacent to a centre (details supplied) in Dublin 15 will be removed. [11421/18]
Amharc ar fhreagraI can confirm to the Deputy that Dublin Dun Laoghaire ETB has agreed to manage this project for my Department. I understand that the ETB will be submitting to my Department shortly details of the works required. On receipt, my Department will be in a position to progress the project.
166. Deputy Michael Healy-Rae asked the Minister for Education and Skills the status of an application for extra teacher by a school (details supplied); and if he will make a statement on the matter. [11450/18]
Amharc ar fhreagraThe criteria used for the allocation of teaching posts is published annually on the Department website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September.
The staffing schedule operates in a clear and transparent manner and treats all similar types of schools equally irrespective of location.
The staffing schedule also includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board. Details of the appeal process and application form are available in Circular 0010/2018, "Staffing Arrangements in Primary Schools for the 2018/19 School Year", which is published on the Department website.
My Department has received a staffing appeal from the school referred to by the Deputy. The Primary Staffing Appeals Board will meet to review appeals for the 2018/19 school year in the coming weeks and the school will be notified of the outcome of the appeal.
The Primary Staffing Appeals Board operates independently of the Department and its decision is final.
167. Deputy Niamh Smyth asked the Minister for Education and Skills the status of training initiatives (details supplied); the future restructuring for same; and if he will make a statement on the matter. [11460/18]
Amharc ar fhreagraLocal Training Initiatives are contracted and funded by Education and Training Boards (ETBs). I have made arrangements for Cavan/Monaghan ETB to contact the Deputy directly in relation to this matter.
168. Deputy Niamh Smyth asked the Minister for Education and Skills the status of the application for an ASD unit by a school (details supplied); if a decision will be expedited; if it has been refused; and if he will make a statement on the matter. [11461/18]
Amharc ar fhreagraThe National Council for Special Education (NCSE) is responsible for organising and planning provision for children with Special Educational Needs, including the establishment of special classes in mainstream primary and post primary schools.
Special classes offer a supportive learning environment to students with ASD who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day. Special classes are for students who have a recommendation for a special class placement in their professional reports.
ASD special classes are resourced to cater for six pupils with complex educational needs arising from their diagnosis of autism and as such are staffed with a reduced PTR (6:1 Primary and 6:1.5 Post Primary) and two Special Needs Assistants.
When new ASD special classes are established in schools, the NCSE will sanction the additional teacher and SNA allocations. This will be reflected in the schools overall staffing allocation for special educational needs, issued in June of each year.
Schools may apply to the NCSE to open a special class where a need has been identified in their area i.e. a number of students have professional reports indicating they require the support of a special class.
The NCSE, in looking to open special classes, must take into account the present and future potential need for such classes, taking particular account of the educational needs of the children concerned. The NCSE will also take account of location and sustainability in looking to establish special classes in certain areas.
In addition, the NCSE will consider:
- the school’s accommodation and accessibility
- the number of special classes, if any, already in the school.
The NCSE has advised officials in my Department that an application has been received from the school referred to by the Deputy.
As the application is currently being considered by the NCSE, I will arrange for the Deputy's question to be forwarded to the NCSE for direct reply.
My Department continues to work with the NCSE to ensure that there is appropriate planning in place to ensure that all children who require special class placements can access such placements in schools within their communities.
169. Deputy James Browne asked the Minister for Education and Skills if an application by a school (details supplied) to add a special class will be considered; and if he will make a statement on the matter. [11473/18]
Amharc ar fhreagraThe National Council for Special Education (NCSE) is responsible for organising and planning provision for children with Special Educational Needs, including the establishment of special classes in mainstream primary and post primary schools.
Special classes offer a supportive learning environment to students with ASD who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day. Special classes are for students who have a recommendation for a special class placement in their professional reports.
ASD special classes are resourced to cater for six pupils with complex educational needs arising from their diagnosis of autism and as such are staffed with a reduced PTR (6:1 Primary and 6:1.5 Post Primary) and two Special Needs Assistants.
When new ASD special classes are established in schools, the NCSE will sanction the additional teacher and SNA allocations. This will be reflected in the school's overall staffing allocation for special educational needs, issued in June of each year.
Schools may apply to the NCSE to open a special class where a need has been identified in their area i.e. a number of students have professional reports indicating they require the support of a special class.
The NCSE, in looking to open special classes, must take into account the present and future potential need for such classes, taking particular account of the educational needs of the children concerned. The NCSE will also take account of location and sustainability in looking to establish special classes in certain areas.
In addition, the NCSE will consider:
- the school’s accommodation and accessibility
- the number of special classes, if any, already in the school.
The NCSE has advised officials in my Department that an application has been received from the school referred to by the Deputy.
As the application is currently being considered by the NCSE, I will arrange for the Deputy's question to be forwarded to the NCSE for direct reply.
My Department continues to work with the NCSE to ensure that there is appropriate planning in place to ensure that all children who require special class placements can access such placements in schools within their communities.
170. Deputy Kathleen Funchion asked the Minister for Education and Skills his plans to open teaching opportunities to persons (details supplied); and if he will make a statement on the matter. [11492/18]
Amharc ar fhreagraThe Teaching Council is the statutory body with responsibility for professional standards at all stages of the teaching career. It has established standards for post-qualification professional practice, as set out in Droichead, the new model of induction and probation for newly qualified primary and post-primary teachers.
As such, individuals in the scenario outlined by the Deputy should get in touch with the Teaching Council to ascertain their requirements for registration.
It should be noted that where an individual holds full registration with a competent authority in another EU state that the EU Directive 2005/36/EC applies. This directive deals with the recognition of professional qualifications across EU states and allows a fully registered teacher in one state to be eligible for registration in another EU state following qualification assessment.
171. Deputy Clare Daly asked the Minister for Education and Skills the reason his Department's planning and building unit has not contacted primary schools in Balbriggan to assess capacity needs for the 2018/2019 school year; and if he will make a statement on the matter. [11497/18]
Amharc ar fhreagra172. Deputy Clare Daly asked the Minister for Education and Skills if there are enough primary school places in the Balbriggan area to cater for the demand for the 2018/2019 school year in view of the fact that a school (details supplied) has completed its junior infant intake for September 2018 and was unable to cater for the applications of 88 children. [11498/18]
Amharc ar fhreagraI propose to take Questions Nos. 171 and 172 together.
My Department uses a Geographical Information System to identify the areas under increased demographic pressure nationwide. The system uses data from the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and information from my Department’s own databases. With this information, my Department is currently carrying out demographic analyses to determine where additional school accommodation is needed at primary and at post-primary level. It is anticipated that decisions based on these exercises will be announced in the coming weeks.
In relation to the Balbriggan school planning area, my Department’s main responsibility is to ensure that the existing schools in the Balbriggan area can, between them, cater for the demand from within the school planning area in the 2018/19 school year. It is important that school size is monitored and that a balance is preserved among all schools in the school planning area to ensure that one school is not expanding at the expense of another school.
In this regard, my Department will continue to monitor the position in the Balbriggan area, but considers that there is adequate accommodation between the existing primary schools in the Balbriggan area to meet demand.
173. Deputy Clare Daly asked the Minister for Education and Skills the reason a decision was taken to lease a building (details supplied) without prior consultation with all stakeholders, including local primary schools. [11499/18]
Amharc ar fhreagraI wish to advise the Deputy that the management responsibility for the building referred to, owned by my Department, continues to remain with Dublin Dun Laoighaire ETB (DDLETB). In that regard, the building continues to be used for education purposes.
174. Deputy Jack Chambers asked the Minister for Education and Skills if the removal of dilapidated pre-fabricated units at a school (details supplied ) will be ensured in view of the fact that it is now a health and safety matter; if the units will be removed before the summer 2018 break; and if he will make a statement on the matter. [11500/18]
Amharc ar fhreagraI can confirm to the Deputy that Dublin Dun Laoghaire ETB has agreed to manage this project for my Department. I understand that the ETB will be submitting to my Department shortly details of the works required. On receipt, my Department will be in a position to progress the project.
175. Deputy Éamon Ó Cuív asked the Minister for Education and Skills his plans to double the grant and increase the hours of tuition granted for a single child under the home tuition grant scheme in cases in which there are two children in a family eligible under the scheme, in view of the fact that only 12 families have more than one child benefiting from the scheme; the annual extra cost of such a change; and if he will make a statement on the matter. [11516/18]
Amharc ar fhreagraEnsuring that children with special educational needs are supported and given the opportunity to reach their full potential is a key priority for this government.
My Department's policy aims to ensure that all children with Special Educational Needs, including those with Autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.
Some students, although academically able to access the curriculum in mainstream, may find it too difficult to manage full-time placement there. This can be due to significant difficulties in areas such as behaviour or sensory needs which have not been ameliorated, even with appropriate intervention, in mainstream.
Other children may have such complex needs that the recommendation in their professional reports state that they are best placed in a special school.
Where there is no placement available for a child with Special Educational Needs, my Department will consider applications under the Home Tuition Grant Scheme, where a student can receive up to 20 hours home tuition per week as an interim measure until a placement becomes available.
Home Tuition Grant allocations to siblings generally reflect the school grouping principle. This is where one teacher is allocated to a class of six pupils at the appropriate educational level, primary or post primary. Within State-funded classes, differentiated needs are accommodated through a differentiated approach in teaching.
It is expected that Home Tutors should have the capacity to develop and deliver tuition in an environment which includes other children.
However, my Department recognises that it may be difficult to cater for the significant differentiated needs of some siblings through a differentiated approach in tuition at Home. To provide for such instances, under the 2017/18 Home Tuition scheme, my Department grants siblings a combined allocation which includes a 50% increase on the standard home tuition allocation. This is allocated on initial application without the requirement for additional supporting documentation.
In addition, my Department will consider applications for separate allocations where evidence is provided that siblings cannot be tutored together due to their significant differentiated needs. Applications for separate allocations for siblings are considered on a case by case basis.
As outlined above, my Department’s Home Tuition Scheme makes provision for the needs of siblings. I do not intend to make changes to the 2017/18 Home Tuition scheme.
The cost of providing funding for 1 child towards the provision of 20 hours home tuition per week for the current school year is approx. €31,000 per annum.
177. Deputy Brendan Howlin asked the Minister for Education and Skills the number of staff assigned in his Department to the press office, public relations or communications roles in each year since 2015; the positions by staffing grade and designated role; when each new position came into existence; and if he will make a statement on the matter. [11701/18]
Amharc ar fhreagraThe following tabular statement contains details of the staffing cohort at my Department's Press Office as at the 31st December in 2015, 2016, 2017 and to date in 2018.
|
- |
Special Adviser |
Assistant Principal Officer |
Higher Executive Officer |
Executive Officer |
Clerical Officer |
|
2015 |
1 |
1 |
1 |
1 |
1 |
|
2016 |
1 |
1 |
2 |
||
|
2017 |
1 |
1 |
2 |
||
|
2018 |
1 |
1 |
2 |
1 |
178. Deputy Brendan Howlin asked the Minister for Education and Skills if a panel has been established in his Department for communications officers; if a Civil Service position of head of communications or similar role or description has been appointed in his Department; if so, when the appointment occurred; the grade at which it occurred; the reason for same; the policy basis for same; the person that approved the appointment; his plans to make such an appointment; and if he will make a statement on the matter. [11717/18]
Amharc ar fhreagraNo panel has been established at my Department for the position of communications officer as mentioned by the Deputy. Similarly no civil service position as head of communications has been appointed. Overall responsibility for the Press Office within the Department resides within the Corporate Services Division of my Department.
179. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the progress that has been made in relation to the Office of Wards of Courts issuing statements of accounts of wards to ensure accountability and transparency; and if he will make a statement on the matter. [10841/18]
Amharc ar fhreagraAs the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the Office of Wards of Court commenced issuing statements to Committees of Wards of Court in late September 2017.
Given the nature of the systems in the Office of Wards of Court, involving individual paper files, the process of issuing individual fund statements to each of more than 2,500 cases is quite labour intensive. All data must be checked to ensure it is accurate and up to date and to avoid contravening data protection legislation. The Courts Service has advised that 350 statements have issued to date and the next batch of statements is to issue this month. The Courts Service reiterated that it remains committed to providing all such statements over the coming months.
The Courts Service has further advised that the Registrar of Wards of Court is fully accountable to the President of the High Court in the discharge of his statutory duties and that where queries are received from Committees as to the financial position of an individual ward these are responded to fully in a transparent manner. There is also ongoing engagement between Committees and case officers in the Office of the Wards of Court in relation to all aspects of an individual ward's case, including expenditure.
180. Deputy Michael McGrath asked the Minister for Justice and Equality the number of possession orders made on principal dwelling households by the High Court and the Circuit Court in each of the years 2009 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [10950/18]
Amharc ar fhreagraThe Deputy should note that under section 101 of the Land and Conveyancing Law Reform Act 2009, all applications for repossession in cases of housing loan mortgages created after 1 December 2009 must be made in the Circuit Court. In addition, under section 3 of the Land and Conveyancing Law Reform Act 2013, with effect from 31 July 2013, all applications for repossession in cases of mortgages created before 1 December 2009 on private residences or family homes must also be made in the Circuit Court.
The following table shows the numbers of Possession Orders granted in the Circuit Courts in the relevant years. The Deputy will note that it is not possible to provide a breakdown of possession orders between PDH and other repossessions in 2009, 2010 and 2011 as such records were not kept by the Courts Service at that time.
Circuit Court Statistics – Possession Orders Granted.
|
Year |
PDH |
Other |
Total |
|
|
|
|
|
|
2009 |
|
|
304 |
|
|
|
|
|
|
2010 |
|
|
306 |
|
|
|
|
|
|
2011 |
|
|
353 |
|
|
|
|
|
|
2012 |
229 |
29 |
258 |
|
|
|
|
|
|
2013 |
330 |
33 |
363 |
|
|
|
|
|
|
2014 |
798 |
265 |
1,063 |
|
|
|
|
|
|
2015 |
919 |
365 |
1,284 |
|
|
|
|
|
|
2016 |
848 |
240 |
1,088 |
|
|
|
|
|
|
2017 (to end Q3) |
557 |
97 |
654 |
As can be seen from these statistics, the number of Possession Orders granted in respect of principal dwelling houses reached a peak in 2015 but has shown a downward trend since then. In 2017, to end Quarter 3, the average number of possession orders granted in respect of principal dwelling houses is 62 per month. This is lower than the overall monthly average in both 2016 (71) and 2015 (77).
For the sake of completeness, I would inform the Deputy that, in relation to the number of Civil Bills for Possession issued - that is new repossession cases launched by lenders - in respect of principal dwelling houses, the statistics show that these reached a peak in 2014 when 7,313 Civil Bills were issued (a monthly average of 609). Significant reductions in this number were seen in both 2015 (which had an monthly average of 341) and 2016 (which had a monthly average of 269). The latest figures available on this issue indicates that in 2017 (to end Q3) a total of 1,949 Civil Bills for Possession were issued in respect of principal dwelling houses - a monthly average of 217. There is a downward trend in the numbers of Civil Bills for Possession issued.
High Court Statistics
In relation to High Court statistics, the attached table shows the overall number of Possession Orders granted in the High Court from 2009 to 2016. This figure is in respect of all repossessions ordered by the High Court, including repossessions relating to commercial/business premises. I have asked the Courts Service to provide information in relation to the breakdown of these Orders between PDH and other repossessions. This information is being compiled and I will forward them to the Deputy when they come to hand.
High Court Statistics – Possession Orders Granted
|
Year |
Possession Orders granted |
|
|
|
|
2009 |
293 |
|
|
|
|
2010 |
326 |
|
|
|
|
2011 |
281 |
|
|
|
|
2012 |
198 |
|
|
|
|
2013 |
108 |
|
|
|
|
2014 |
190 |
|
|
|
|
2015 |
113 |
|
|
|
|
2016 |
47 |
This Government's strategy in relation to repossessions is to try to support people in mortgage difficulty and try as far as possible to keep people in their homes. A number of legislative and other supports have been put in place to assist people in this area.
The Personal Insolvency Act 2012 has modernised the regime for personal insolvency and brought Ireland in line with international best practice by providing for a range of debt resolution options within a statutory framework which balances the rights of creditors and debtors. The Personal Insolvency Arrangement, in particular, is an innovative solution that seeks to restructure or settle secured debt. Other important elements of this framework include the statutory protections regarding the debtor's reasonable living expenses and their home.
Since its establishment in 2013, the Insolvency Service of Ireland (ISI) has returned over 6,000 debtors to solvency with over 2,000 of those cases being Personal Insolvency Arrangements (PIAs) which deal with mortgage debt. In over 90% of these PIA cases, debtors have been able to stay in their homes. This is a significant achievement given that many cases involved arrears exceeding 720 days.
In addition, the solutions introduced in the Personal Insolvency Act 2012 have served as a catalyst for over 120,000 informal agreements between debtors and creditors, as reported by the Central Bank of Ireland. Debtors now have realistic alternative options available to them through the ISI if negotiations break down.
The Government has introduced a number of amendments and supports, since 2012, to ensure the success of the solutions provided by the personal insolvency legislation. These include the section 115A court review process and the Abhaile Mortgage Arrears Resolution Service.
The section 115A court review process permits a debtor to ask the Court to review and assess the reasonableness of a rejected PIA and, where satisfied as to its reasonableness, make an order confirming the PIA proposal. This removes the so-called “Bank Veto”.
The Government agreed late last year to bring forward its own proposals in a Courts and Land and Conveyancing Bill derived from a Private Member's Bill proposed by the then Deputy 'Boxer' Moran. This Bill is on the present legislative programme for publication during the current session.
Another important enhancement is Abhaile, the Government’s national Mortgage Arrears Resolution Service. This was introduced in 2016 to ensure that people who are in danger of losing their home have access to free professional advice, including advice from a personal insolvency practitioner. In addition to detailed financial advice, Abhaile offers legal advice to homeowners in mortgage arrears with the aim of allowing them to find a solution to their arrears and to stay in their homes where possible.
Up to 5 March, 2018, Abhaile had provided 8,389 vouchers for free financial advice and help from a personal insolvency practitioner. In addition, 2,308 borrowers had been issued consultation solicitor vouchers under the scheme. This voucher entitles a person to a free legal advice consultation with a solicitor. The scheme also provides for funding by the Legal Aid Board of these applications for review to the Circuit Court where a personal insolvency arrangement has been voted down by creditors. Up to 23 February 2018, legal aid had been approved under the Abhaile scheme for 607 such reviews.
In 2017, the Government introduced a series of actions and amendments that will make Mortgage to Rent (MTR) quicker, more transparent, easier to navigate for borrowers and ultimately, more accessible to more households in mortgage distress. Crucially, the changes will also dramatically increase the numbers of households availing of the scheme
My Department is also finalising a review of the operation of the Personal Insolvency Acts. The review is taking place under section 141 of the Personal Insolvency Act 2012, which requires the Minister for Justice and Equality (in consultation with the Minister for Finance) to review the operation of Part 3 of the 2012 Act, and responds to a commitment in the Programme for a Partnership Government.
Submissions made by stakeholders via a public consultation on the operation of Part Three of the Personal Insolvency Act 2012 contain a range of recommendations to enhance the process and to support increased engagement with the personal insolvency system. These submissions are being analysed and considered by my Department as part of the review along with recent developments in personal insolvency, including recent High Court judgments related to the process. I look forward to bringing proposals to Government in the coming months to address the conclusions of the review.
181. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the steps he has taken to address the large number of persons with learner permits using motorways; and if he will make a statement on the matter. [10951/18]
Amharc ar fhreagraI have requested a report from An Garda Síochána in relation to the Garda enforcement matter referred to by the Deputy and I will be in contact with the Deputy directly on receipt of a Garda report.
182. Deputy Anne Rabbitte asked the Minister for Justice and Equality the average processing times for applications for residency permission by Tusla on behalf of a non-EEA minor in its care in each year since 2008. [11305/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not possible to quantify the number of applications for residence permission received from Tusla on behalf of non-EEA minors in its care since 2008, nor is it possible to provide average processing times for such applications as to do so would require the deployment of a disproportionate level of limited resources to the task taking them away from case processing which is a key priority.
However, given the potential vulnerability of the persons concerned, I am assured by INIS that such applications are treated as a priority and processed in a timely manner.
183. Deputy Ruth Coppinger asked the Minister for Justice and Equality his plans to commence the Assisted Decision Making Act 2015; and if he will make a statement on the matter. [11454/18]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the DSS and to enable the process of recruitment of the Director of the DSS to begin. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission with the approval of the Minister for Health. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.
The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. However, it is not possible at the moment to provide an exact time line for the full implementation of the 2015 Act, as there are many complex strands to this work, including involvement of multiple organisations, and the prevailing view is that the Decision Support Service will not be ready to become operational until 2019.
The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
184. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 101 and 102 of 22 June 2017, when a response will issue. [10835/18]
Amharc ar fhreagraThe position remains as indicated in my response to the Deputy on 20 February 2017. The answer is at an advanced stage of being collated and upon receipt of additional information sought from the Courts Service and Irish Prisons Service, a reply will issue to the Deputy.
185. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of resignations from An Garda Síochána by each division in each of the years 2011 to 2017, in tabular form; and if he will make a statement on the matter. [10854/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment, training and appointment of its members.
I have set out in the table for the Deputy's information the number of Gardaí who resigned by Division in the years 2011 to 2017 in tabular form as supplied by the Commissioner.
The Deputy will note an increase in the number of resignations in 2017. By way of explanation an incentivised Career Break Scheme for An Garda Síochána was introduced on 7 March 2014 in accordance with the Public Service Stability Agreement 2013 - 2016. The terms of the Scheme stated that a Garda member could commence an incentivised career break for a period of three years from 7 March 2014 but no later than 28 February 2015. The scheme was availed of by 81 members in 2014 and 110 in 2015. I am informed by the Commissioner that 19 of the 41 resignations in 2017, were Gardaí who decided to resign upon completion of their incentivised career break and another 5 resigned upon completion of their ordinary career break.
I can assure the Deputy that projected departures from An Garda Síochána are kept under continuing review and the level of recruitment adjusted as necessary in order to achieve the desired strength.
Garda Resignations by Division 2011 - 2017
|
Division |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
|
D.M.R. South Central |
2 |
2 |
1 |
3 |
1 |
2 |
1 |
|
D.M.R. North Central |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
D.M.R. North |
1 |
2 |
4 |
3 |
3 |
1 |
2 |
|
D.M.R. East |
2 |
1 |
1 |
3 |
|||
|
D.M.R. South |
3 |
2 |
2 |
2 |
1 |
4 |
|
|
D.M.R. West |
2 |
2 |
3 |
2 |
2 |
2 |
1 |
|
Waterford |
1 |
2 |
1 |
||||
|
Wexford |
2 |
1 |
1 |
||||
|
Kilkenny/Carlow |
2 |
1 |
1 |
1 |
2 |
||
|
Tipperary |
1 |
2 |
2 |
1 |
|||
|
Cork City |
2 |
1 |
|||||
|
Cork North |
1 |
||||||
|
Cork West |
1 |
||||||
|
Kerry |
1 |
1 |
1 |
1 |
|||
|
Limerick |
2 |
1 |
2 |
||||
|
Donegal |
2 |
2 |
1 |
1 |
|||
|
Cavan/Monaghan |
1 |
||||||
|
Sligo/Leitrim |
1 |
||||||
|
Louth |
1 |
1 |
1 |
1 |
|||
|
Clare |
2 |
1 |
|||||
|
Mayo |
1 |
||||||
|
Galway |
1 |
2 |
|||||
|
Roscommon/Longford |
1 |
||||||
|
Westmeath |
|||||||
|
Meath |
1 |
1 |
1 |
||||
|
Kildare |
1 |
1 |
2 |
||||
|
Laois/Offaly |
1 |
||||||
|
Wicklow |
1 |
1 |
3 |
||||
|
*Garda Headquarters |
7 |
2 |
3 |
4 |
3 |
3 |
24 |
|
Total |
26 |
21 |
25 |
26 |
20 |
24 |
41 |
*Members who resigned following an Ordinary or Incentivised Career Break are listed above under Garda Headquarters rather than their previous location.
186. Deputy Danny Healy-Rae asked the Minister for Justice and Equality his plans for mandatory sentences for persons that break in and burgle homes especially those of elderly persons; and if he will make a statement on the matter. [10871/18]
Amharc ar fhreagraThe law already treats burglary very seriously. For burglary, the maximum penalty is 14 years' imprisonment, and for aggravated burglary, a sentence of up to life imprisonment can be imposed. In 2015, the law in this area was further strengthened by the introduction of legislation targeting repeat offenders. The Criminal Justice (Burglary of Dwellings) Act 2015 seeks to ensure that persons awaiting trial for burglary of a dwelling who have recent convictions or pending charges for domestic burglaries can be denied bail in appropriate cases. The Act also provides for consecutive sentences for prolific burglars of dwellings. In addition, the Criminal Justice Act 2007 provides for presumptive minimum sentences for certain repeat offences in certain circumstances. The offences to which these presumptive minimum sentences apply include aggravated burglary. In deciding the sentence to be imposed in a particular case, a court will take into account the mitigating and aggravating factors, including the vulnerability of the victim.
On mandatory sentences, I am mindful that there are differing views. The Law Reform Commission and the Strategic Review of Penal Policy have made recommendations against mandatory sentences and their views are always considered seriously. However, I will continue to keep the law in this area under review.
