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Thursday, 26 Apr 2018

Written Answers Nos. 94-113

Vacant Sites Data

Ceisteanna (94, 95)

Barry Cowen

Ceist:

94. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform the number of vacant site levy designations under Office of Public Works ownership that have been appealed to An Bord Pleanála to date in 2018; the location of each; the relevant local authority in each regard; and if he will make a statement on the matter. [18527/18]

Amharc ar fhreagra

Barry Cowen

Ceist:

95. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform the number of vacant site levy designations under Office of Public Works ownership to date in 2018; the location of each; the relevant local authority in each regard; and if he will make a statement on the matter. [18528/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 94 and 95 together.

The Commissioners of Public Works have advised me that the Office of Public Works (OPW) has been notified by two Local Authorities in relation to three sites placed on a vacant sites register in 2017.

Two sites identified by Dublin City Council at St. John’s Road/Military Road, which are in effect one site, were placed on the Council’s 2017 vacant sites register. The site is the location for the proposed new Garda Security and Crime Operations Centre and the notice was successfully appealed to An Bord Pleanála. A subsequent notice was issued by Dublin City Council in March 2018, to which the OPW has submitted a response for consideration by the Council.

The OPW has been notified that Kilkenny County Council has placed the former Garda station at Castlecomer, Co.Kilkenny on their vacant sites register. The property is under consideration in terms of its future State use or disposal.

Questions Nos. 96 and 97 answered with Question No. 70.

Language Schools Closures

Ceisteanna (98)

Willie O'Dea

Ceist:

98. Deputy Willie O'Dea asked the Minister for Education and Skills further to Parliamentary Question No. 151 of 19 April 2018, his plans to make provision for teachers in those schools who have not received their full salaries; and if he will make a statement on the matter. [18374/18]

Amharc ar fhreagra

Freagraí scríofa

The Department has been coordinating with the Department of Justice and Equality on addressing the closure and has been engaging with the school, the students and key stakeholders to ensure this has been as orderly as possible in the circumstances.  

This school had come to the attention of both Departments as it had been subject to an inspection by the Department of Justice and Equality earlier this year in relation to the listing of its programmes on the ILEP (Interim List of Eligible Programmes) and the provider’s compliance with the criteria for inclusion on the ILEP. A listing on the ILEP is required for a provider to enrol students requiring immigration permissions.

Following the outturn of this inspection, the Department of Justice and Equality, in consultation with the Department of Education and Skills, took the decision to remove this provider’s programmes from the ILEP in line with the established procedures for this process.

The majority of English language schools in Ireland are privately run. The relationship between teachers and private providers of education is based on a private contract, and issues relating to working conditions are a matter between the two parties and do not come under the remit of my Department. There is an extensive range of legislation in Ireland which protects the employment rights of workers in relation to equality, employment contracts, payment of wages and related matters. It is the responsibility of the employer in the first instance to ensure that their employees receive their employment rights. Where an employee considers that their rights have been breached, the individual can bring a claim under the appropriate legislation to the Workplace Relations Commission. In addition, the WRC is responsible for monitoring a range of employment rights through its Inspection Service.

The ILEP in its current configuration is an interim regulatory tool for student immigration until the introduction of the International Education Mark (IEM). Legislative measures to enable the introduction of the IEM are contained within the Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018. The Bill is currently at drafting stage with the Office of Parliamentary Council (OPC) and is targeted for publication in the current parliamentary session. It is the intention that regulations promulgated in respect of the IEM will include a requirement that all obligations concerning national employment legislation are complied with by education and training providers seeking to access the Mark. 

School Patronage

Ceisteanna (99)

John Brady

Ceist:

99. Deputy John Brady asked the Minister for Education and Skills if further information on the patronage of the new primary school building which will share a campus with a secondary school (details supplied) will be provided; if the proposed plans are at an advanced stage; and if he will make a statement on the matter. [18343/18]

Amharc ar fhreagra

Freagraí scríofa

The primary school to which the Deputy refers is an existing school.  It operates under the patronage of An Foras Pátrúnachta. 

The delivery of the school projects in question has been devolved to the local Education and Training Board (ETB).  A Service Level Agreement is currently being put in place between the ETB and the Department in this regard.  Once this has been finalised, the ETB will move to appoint a Design Team for the project.

Pension Provisions

Ceisteanna (100)

Thomas Byrne

Ceist:

100. Deputy Thomas Byrne asked the Minister for Education and Skills the status of a pension for a person (details supplied). [18359/18]

Amharc ar fhreagra

Freagraí scríofa

The person to whom the Deputy refers has been in regular engagement with my Department regarding her pension benefits. She retired in late February 2018 and only recently provided us with the information necessary to calculate those benefits.

My Department has given a committment to process pension benefits within 12 weeks of the date of retirement and I can now confirm that the calculation of pension benefits for the person concerned is complete. It is intended that the pension benefits will be paid on the 3rd May 2018 and each fortnight thereafter.

Pension Provisions

Ceisteanna (101)

Thomas Byrne

Ceist:

101. Deputy Thomas Byrne asked the Minister for Education and Skills if there is difficulty in paying first pension payments from his Department. [18360/18]

Amharc ar fhreagra

Freagraí scríofa

Given the complex nature of pension schemes my Department has a 12 week processing period for the award of pension benefits to those on the payroll of the Department. 

In general this timeframe is met and pension benefits are in payment within 12 weeks of retirement.  If there is a delay, which does not occur very often and is generally as a result of unusual circumstances, officials in my Department make contact with the retiree concerned to update them on the progress of their retirement benefit.

Student Accommodation

Ceisteanna (102)

Aindrias Moynihan

Ceist:

102. Deputy Aindrias Moynihan asked the Minister for Education and Skills when the interdepartmental working group on student accommodation will report; and if he will make a statement on the matter. [18368/18]

Amharc ar fhreagra

Freagraí scríofa

The National Student Accommodation Strategy (NSAS) was published in July 2017 and the Interdepartmental Working Group on Student Accommodation issued an update on its implementation in April 2018. A further report on the NSAS is due in Q3 2018 and will cover the period to end Q2, 2018.

Officials from the Department of Education and Skills and the Department of Housing, Planning and Local Government are in contact regarding the strategy and are due to meet this week to discuss relevant issues and background reports for discussion at the next meeting of the Group.

Schools Building Projects Status

Ceisteanna (103)

Kevin O'Keeffe

Ceist:

103. Deputy Kevin O'Keeffe asked the Minister for Education and Skills his plans to ensure that works recommence to complete an extension to a school (details supplied) in County Cork in order to provide critically needed additional accommodation for staff and pupils; if his attention has been drawn to the fact that the contractor has been placed in examinership; and if he will make a statement on the matter. [18370/18]

Amharc ar fhreagra

Freagraí scríofa

I am aware that the contractor for the project in question has entered into Examinership.

The project has been devolved for delivery to the local Education and Training Board (ETB). 

Officials in my Department are working with the ETB and the contractor to ensure that the project is completed as quickly as possible.

Student Support Schemes

Ceisteanna (104)

Willie Penrose

Ceist:

104. Deputy Willie Penrose asked the Minister for Education and Skills if grant aid is available for bar and management courses which are conducted at institutes of technology leading to a diploma in same; if there is assistance or grant aid available pursuant to the tourism and recreational sectors; and if he will make a statement on the matter. [18378/18]

Amharc ar fhreagra

Freagraí scríofa

Approved undergraduate courses for the Student Grant Scheme 2018 are prescribed in the Student Support Regulations 2018 and in the Student Support Act 2011.

The Regulations prescribe that an approved undergraduate course is a full-time course leading to a major higher education and training award which takes a minimum of two years to complete in an approved institution (including Institutes of Technology).

Courses that are part-time or that are less than two years in duration or leading to a special purpose/minor award rather than a major award are not approved for the purposes of the Student Grant Scheme.

SUSI’s online system for the 2018 Scheme is now open. Students attending college in the academic year 2018/19 are required to submit their grant application to Student Universal Support Ireland (SUSI) via www.susi.ie to have their eligibility for grant assistance assessed.

School Funding

Ceisteanna (105)

Róisín Shortall

Ceist:

105. Deputy Róisín Shortall asked the Minister for Education and Skills the per capita cost to schools of providing primary and secondary education; and the way in which this compares with the average per capita support provided by his Department; the studies commissioned or undertaken by his Department in recent years on the adequacy of State supports to schools; his plans to undertake such studies in the future; and if he will make a statement on the matter. [18382/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, funding for primary schools is dealt with on a per capita basis.  The funding arrangements for post primary schools reflect the sectoral division of the second-level system.  At the core of these arrangements is reliance upon capitation as a key determinant of funding.  The basic grants are outlined in the following table.

Grant Type

Rate per mainstream pupil

Primary

 

Capitation

€170.00

Ancillary Grant

€163.00

Book Grant

€11.00

Voluntary Secondary

 

Capitation

€296.00

SSSF Grant

€215.50

Secretary Grant

€39.00

SSSF Secretary Grant

€26.00

Caretaker Grant

€32.50

SSSF Caretaker Grant

€20.00

Book Grant

€24.00

My Department does not hold information in relation to the per capita costs to schools of providing education and has not commissioned specific studies to be undertaken on the adequacy of State supports to schools in recent years. However the level of funding provided to schools and the drivers of costs at school level are kept under review by my Department.

Initiatives in order to assist with the reduction of costs at school level and management of finances are in place such as the services provided by the Schools Procurement Unit and the Financial Services Support Unit.

I also recognise the need to improve capitation funding for schools having regard to the reductions that were necessary over recent years.

Restoring capitation funding as resources permit is one of the actions included in the Action Plan for Education.

Budget 2018 marked the second year of major reinvestment in the education sector, as we continue to implement the Action Plan for Education, which has the central aim to make the Irish Education and Training service the best in Europe within a decade.  In 2018, the budget for the Department of Education increased by €554 million to over €10 billion.

The process is underway for restoring grant funding that is used by schools to fund the salaries of ancillary staff.  The ancillary grant was increased by €6 in 2016, €5 in 2017 and €5 in 2018, in order to enable primary schools to implement the arbitration salary increase for grant funded school secretaries and caretakers and to also implement the restoration of salary for cleaners arising from the unwinding of FEMPI legislation.  A similar type approach in relation to improvements in grant funding was applied, as appropriate, at post-primary level.

Pension Provisions

Ceisteanna (106)

Michael Healy-Rae

Ceist:

106. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will address a matter regarding a pension in the case of a person (details supplied); and if he will make a statement on the matter. [18390/18]

Amharc ar fhreagra

Freagraí scríofa

My Department’s records indicate that the person to whom the Deputy refers is correctly a new entrant for pension purposes under the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004. Her new entrant status arises as she was not in public service employment during the period between 14 September 2004 and 4 September 2005 inclusive.

The Public Service Superannuation (Miscellaneous Provisions) Act 2004 was enacted into law in 2004.  Its effect is to change the superannuation terms of new entrants to the public service, appointed on or after 1 April 2004. In addition, its terms apply to any person who returned to public service employment on or after 1 April 2004 where the person’s previous public service employment ended more than 26 weeks previously.

According to the information available to my Department, the person in question commenced teaching in October 2003 and in the period until September 2004, apart from a one-month period of continuous teaching (between late April 2004 and late May 2004), her teaching service was as a casual intermittent substitute teacher. In 2004 her last day of substitute teaching was on 13 September. Her next teaching appointment commenced on 5 September 2005. Accordingly a break of more than 26 weeks had occurred which necessitated her classification as a new entrant under the terms of the 2004 Act.

While the Act makes some limited provision for persons not to be regarded as new entrants (such as a person on secondment from the public service or a person on approved leave of absence from their public service employment) on their immediate resumption of their public service employment, there is no qualifier or exception in the 2004 Act in relation to the particular circumstances of the person in question where a break in employment in excess of 26 weeks arises. The Oireachtas made no provision for such exceptions in the legislation as enacted. 

My Department is required to comply with the terms of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 which has general application across the public service.

Capitation Grants

Ceisteanna (107)

Thomas Byrne

Ceist:

107. Deputy Thomas Byrne asked the Minister for Education and Skills the progress he has made in linking additional capitation for schools to provision of after-school care and facilities to local groups. [18413/18]

Amharc ar fhreagra

Freagraí scríofa

The Programme for a Partnership Government committed to providing additional capitation funding linked to the utilisation of primary school buildings for after-school care provision for school age children to offer more options and flexibility to parents, where there is demand for such a service, in partnership with community groups or private providers.

I can confirm that, further to consultation with relevant school authorities, guidelines on the use of School Buildings outside of School Hours were published in October 2017; these can be viewed on my Department's website. The purpose of these guidelines is to provide guidance for schools in relation to the use of school buildings outside of school hours and for those schools who are considering putting such arrangements in place.

The commitment in the Programme for Government will be considered in the context of the 2019 budgetary process.

Capitation Grants

Ceisteanna (108)

Thomas Byrne

Ceist:

108. Deputy Thomas Byrne asked the Minister for Education and Skills the progress that has been made on the programme for partnership Government commitment to provide annual increases in capitation to schools. [18414/18]

Amharc ar fhreagra

Freagraí scríofa

The Programme for a Partnership Government committed to investing an extra €500m in education by 2021 through various measures including annual increases in primary and secondary capitation rates. Through budget 2017 and Budget 2018, we are now investing €1 billion more in education.

Budget 2018 marked the second year of major reinvestment in the education sector, as we continue to implement the Action Plan for Education, which has the central aim to make the Irish Education and Training service the best in Europe within a decade.  In 2018, the budget for the Department of Education increased by €554 million to over €10 billion.

I recognise the need to improve capitation funding for schools having regard to the reductions that were necessary over recent years. The first cuts to capitation were announced in October 2010 by the then Minister for Finance.  Restoring capitation funding as resources permit is one of the actions I have included in the Action Plan for Education.

The process is underway for restoring grant funding that is used by schools to fund the salaries of ancillary staff.  The ancillary grant was increased by €6 in 2016, €5 in 2017 and €5 in 2018, in order to enable primary schools to implement the arbitration salary increase for grant funded school secretaries and caretakers and to also implement the restoration of salary for cleaners arising from the unwinding of FEMPI legislation.  A similar type approach in relation to improvements in grant funding was applied, as appropriate, at post-primary level.

Capitation Grants

Ceisteanna (109)

Thomas Byrne

Ceist:

109. Deputy Thomas Byrne asked the Minister for Education and Skills when he will set out capitation rates on a rolling three-year basis as per the programme for partnership Government commitment. [18415/18]

Amharc ar fhreagra

Freagraí scríofa

In relation to capitation levels for future years, the Programme for a Partnership Government commited to investing an extra €500m in education by 2021 through various measures including annual increases in primary and secondary capitation rates.  It also provided for the setting out of capitation rates to schools on a rolling 3-year basis. Through Budget 2017 & Budget 2018, we are now investing €1 billion more in education.

The Action Plan for Education outlines hundreds of actions to be implemented over the 3 year period 2016-2019 which include restoring capitation funding as resources permit.

Budget 2018 marked the second year of major reinvestment in the education sector, as we continue to implement the Action Plan for Education, which has the central aim to make the Irish Education and Training service the best in Europe within a decade.  In 2018, the budget for the Department of Education increased by €554 million to over €10 billion.

The process is underway for restoring grant funding that is used by schools to fund the salaries of ancillary staff.  The ancillary grant was increased by €6 in 2016, €5 in 2017 and €5 in 2018, in order to enable primary schools to implement the arbitration salary increase for grant funded school secretaries and caretakers and to also implement the restoration of salary for cleaners arising from the unwinding of FEMPI legislation.  A similar type approach in relation to improvements in grant funding was applied, as appropriate, at post-primary level.

The commitments in the Programme, including setting out of capitation rates on a rolling 3-year basis will be considered in the context of the budgetary process.

Schools Building Projects Status

Ceisteanna (110)

Jack Chambers

Ceist:

110. Deputy Jack Chambers asked the Minister for Education and Skills the status of the construction of a new permanent school building for a school (details supplied); if his attention has been drawn to the challenges and restrictions for pupils and teachers with the existing arrangements for the school; and if he will make a statement on the matter. [18433/18]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to advise the Deputy that architectural planning has commenced for the delivery of the new school under the Department's Design and Build Programme. Site surveys have commenced in advance of preparing the Planning Application which will be the next key milestone in the progression of the project.

Emergency Works Scheme Applications

Ceisteanna (111)

Billy Kelleher

Ceist:

111. Deputy Billy Kelleher asked the Minister for Education and Skills the status of an emergency works application by a school (details supplied); and if he will make a statement on the matter. [18443/18]

Amharc ar fhreagra

Freagraí scríofa

The application to which the Deputy refers is currently being examined in my Department.  A  decision will issue directly to the school authority as soon as possible.

Road Traffic Offences

Ceisteanna (112)

Eamon Ryan

Ceist:

112. Deputy Eamon Ryan asked the Minister for Justice and Equality the reason for the delay in the roll-out of automatic number plate recognition cameras in Dublin city (details supplied); the timeline for the further roll-out of same; the proposed locations for the cameras; and the number of different types of vehicles found breaking traffic signals in 2017. [18393/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, decisions in relation to the management and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I wish to inform the Deputy that the information requested is not currently to hand. I have requested relevant information from the Garda Commissioner and will write to the Deputy when a report is received.

The following deferred reply was received under Standing Order 42.

I refer to Parliamentary Question 112 of 26 April 2018, in which you asked for the reason for the delay in the roll-out of automatic number plate recognition cameras in Dublin city other than at the junction of Benburb Street and Blackhall Place; the timeline for the further roll-out of same; the proposed locations for the cameras; and the number of different types of vehicles found breaking traffic signals in 2017. I refer also to Parliamentary Question 259 of 3 July 2018, in which you sought an update on same.

As you will recall, I undertook to have enquiries made in relation to your query, and officials in my Department contacted An Garda Síochána in this regard.

I am advised by An Garda Síochána that responsibility for the matters raised in your question is jointly held by Dublin City Council and the National Transport Authority. The role of An Garda Síochána in relation to these matters is to perform its statutory function in prosecuting offenders identified by the device installed at the location referenced by the Deputy.

I am further advised by the Garda authorities that the cameras, which were installed at the location to which the Deputy refers, were installed as part of a pilot project under the auspices of Dublin City Council, and that the pilot period has now ended. An Garda Síochána is not aware of current plans by any local authority to introduce such devices at any other locations.

Unfortunately, in relation to the statistical part of your question, I am informed by An Garda Síochána that incidents regarding the breaking of red lights are not recorded in a manner which makes it feasible to provide statistics broken down by vehicle type. I regret that the information sought is therefore not available.

Parental Leave

Ceisteanna (113)

Robert Troy

Ceist:

113. Deputy Robert Troy asked the Minister for Justice and Equality if the entitlements to parental leave will be reviewed with a view to providing a uniform platform for persons employed in the public service and those employed in the private sector; his views on whether the present system whereby public service workers are entitled to 12 weeks leave compared to a minimum of eight weeks in the private sector is unfair; and the measures he will bring forward to ensure parity in this area for employees. [18456/18]

Amharc ar fhreagra

Freagraí scríofa

The Parental Leave Act 1998 came into operation on 3 December 1998 for the purposes of creating an entitlement to Parental Leave from a person’s employment where they are the natural or adoptive parent of a child. Section 6 of the Act, as originally drafted, contains the key provision, entitling an individual to 14 weeks of unpaid Parental Leave to be taken before the relevant child reaches the age of 5 years.

The Parental Leave (Amendment) Act 2006 was enacted on 18 May 2006 and updated the 1998 Act to provide 14 weeks unpaid Parental Leave for a child up to the age of eight, or 16 years of age in the case of a child with a disability. The Act was again amended by the European Union (Parental Leave) Regulations 2013 (S.I. No 81 of 2013) to provide for 18 weeks unpaid Parental Leave in respect of a child up to the age of 8 years. Furthermore, section 6(2)(c) of the Act was expanded to provide for an entitlement to Parental Leave in respect of a child up to the age of 16 where that child has a disability or a serious illness.

These original and extended statutory minimum entitlements were negotiated by the social partners at European Level and implemented by Government in Ireland on foot of the subsequent EU Directives. The Directives create a minimum entitlement and there is nothing to prevent negotiations at workplace level between employers and employee representatives to expand these provisions by agreement. This is the reason for the different and augmented provisions in public sector employment, and indeed in certain private sector employment.

As the Deputy will be aware, the Programme for Partnership Government includes a commitment to increase paid leave for parents during the first year of a child’s life, as research shows that parental care is of particular importance during this time. The Government has established an interdepartmental working group to develop proposals to give effect to this commitment and I expect it to report towards the end of this month.

The Government’s commitment to introduce a paid parental leave entitlement is also in keeping with the policy approach put forward by the European Commission's proposal for a work-life balance directive. The key proposal in the Directive is that parental leave should be made available to parents on a paid basis, and it is currently under discussion at working group level.

The Deputy will also be aware that Deputies Roisin Shorthall and Catherine Murphy have proposed a Private Members Bill, entitled Parental Leave (Amendment) Bill 2017, which provides for the extension of the existing entitlement to parental leave from 18 weeks leave to 26 weeks leave. The Government decided not to oppose this Bill at Second Stage, which took place on 8 February 2018.

I advised the House that I was available to discuss the proposal contained in the Bill with the sponsoring deputies. The Bill has been referred to the Select Committee on Justice and Equality and I have strongly suggested that the Joint Committee on Justice and Equality carry out a comprehensive legislative scrutiny on the Bill and on related issues in order to inform the debate and to allow interested stakeholders, groups and individuals to make submissions and to input to the legislative process.

I look forward to engaging in future discussions on the Bill in the context of the work that is ongoing in relation to expanding paid support to parents.

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