Written Answers Nos. 63-82
63. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform if all existing public servants can work beyond 66 years of age under a new scheme (details supplied); and if he will make a statement on the matter. [23084/18]
Amharc ar fhreagraThe Single Public Service Pension Scheme (Single Scheme), which was introduced on 1 January 2013 under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, applies to all first-time new entrants to the public service from that date. It also applies to former pensionable public servants returning to public service employment after a break of more than 26 weeks, as well as to all former non-pensionable public servants returning to public service employment regardless of how short the break in employment.
For most Single Scheme members, the minimum pension age is aligned to the Contributory State Pension qualifying age and is currently set at age 66, rising to age 67 in 2021 and age 68 in 2028, while the maximum pension age is 70, upon which a Scheme member must retire.
The 2012 Act also provides that a Scheme member may retire early from age 55, with actuarially reduced benefits, provided they meet certain qualifying conditions and their Relevant Authority/employer consents.
There are separate, lower minimum pension ages in the Single Scheme for certain non-standard (“fast-accrual”) membership categories such as An Garda Síochána, the Permanent Defence Force, Prison Officers and Firefighters.
For further information, the Deputy will be aware that my Department is currently working on primary legislation to increase the compulsory retirement age to 70, for public servants recruited prior to 1 April 2004. No change is being made to the minimum pension age. Once this legislation is commenced, the earliest compulsory retirement age that will apply to the vast majority of public servants will be age 70.
64. Deputy Billy Kelleher asked the Minister for Education and Skills his views on the 2018 digital economy and society index by the European Commission; and his further views on more than half of the Irish adult population lacking at least basic digital skills. [22980/18]
Amharc ar fhreagraIn the Digital Economy and Society Index (DESI) 2018, Ireland ranks among the high-performing cluster of countries in 6th position, up three positions from DESI 2017. Ireland ranks first in the share of young people holding a Science, Technology, Engineering and Mathematics (STEM) degree. However, the report also states that more than half of the population lack basic digital skills.
The Irish Government recognises the importance of Digital Literacy in facilitating the full inclusion of all members of our society. The Action Plan for Jobs 2018 contains a commitment to develop a high level National Digital Strategy, to provide a coherent vision across sectoral policies to position Ireland to maximise economic and societal benefits from digitialisation.
A range of actions are in place across the education and training system to support the acquisition of enhanced digital skills and to increase the use of digital technologies in teaching and learning. These build on actions on digital skills set out in the National Skills Strategy 2025.
In 2015, my Department published the Digital Strategy for Schools 2015-2020 which includes a range of relevant actions that will support the development of digital skills both directly through specific curriculum content and through technology enhanced learning across the curriculum.
Within the Higher Education sector, a number of actions are included to implement the Roadmap for Enhancement in a Digital World 2015-2017 aimed at supporting the development and embedding of digital capacity in teaching and learning activities and developing consistent digital experiences for learners.
There are considerable changes occurring within the Further Education Sector (FET) to improve the existing capacity in the area of digital inclusion and the provision of digital skills in FET. The Technology Enhanced Learning (TEL) in Further Education and Training 2016 – 2019 Strategy will build on existing capacity and good practice in TEL to expand access to and continuously improve and innovate FET provision.
A range of programmes are provided within ETBs for individuals who wish to develop their digital literacy. Basic ICT tuition is integrated within adult literacy and numeracy provision. Opportunities for basic skills provision is offered through a variety of providers via a broad range of ETB FET provision delivered in adult education centres, community education settings and training centres. Delivery of these programmes is designed to meet the needs of participants' personal and career goals and are offered on a full and part-time basis. These courses are supported through the funding provided to the Adult Literacy Programme, Bridging and Foundation Training, Local Training Initiatives, Community Education, Youthreach and the BTEI (Back to Education Initiative). Some of these programmes combine transversal skills such as literacy, numeracy, digital skills, communications and teamworking with specific occupational skills.
In 2017 a total of 58,103 beneficiaries availed of FET programmes within the ICT skills cluster. This is in addition to 180,000 beneficiaries of core personal skills training and general learning programmes which typically include digital literacy elements.
65. Deputy Fiona O'Loughlin asked the Minister for Education and Skills if the independent review of existing career guidance tools and career information for students and adults will include special schools in its terms of reference; and if he will make a statement on the matter. [22905/18]
Amharc ar fhreagraI can assure the Deputy that the views of special schools will be included in this review.
The purpose of the review of career guidance is to ensure that high quality, relevant career guidance information is provided to students from post–primary level up to further and higher education. The review will examine, inter alia, the quality of information available to students and adults in relation to career guidance, the sources of this information and how the system is organised to support students and adults in this area.
The review is being carried out by independent consultants and will be guided and informed by a Steering Group. As an integral part of the consultants' proposed methodological approach to the review, my Department has invited submissions from all interested stakeholders to assist in shaping the review by highlighting key issues to be considered in the course of carrying out the review. Drawing on the results of the consultation and further consideration by the Steering Group the question of the specific role and objectives of career guidance in supporting students in special schools will be assessed further.
The closing date for receipt of submissions is Friday 25 May 2018. Details surrounding the consultation process have been published on the Department’s website (www.education.ie).
As I indicated in the House this week, if there is a particular group that needs to make a submission, and it believes it will not be able to do so by 25th May, I will make sure that the submission is accommodated. I am pleased that we have already received a significant number of submissions from special schools.
66. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the status of a request for a school extension by a school (details supplied); and if he will make a statement on the matter. [22935/18]
Amharc ar fhreagraThe major building project for the school referred to by the Deputy is at an early stage of architectural planning - Stage 1. A revised Stage 1 submission, including an up to date cost plan, was requested from the Design Team following an increase in the schedule of accommodation to cater for up to 1200 pupils.
The Department has this week received a soft copy of the revised Stage 1 submission. The submission will be reviewed by the Professional and Technical staff in the Department.
The school and its Design Team will then be invited to meet with the Department and subject to no issues arising the project can be authorised to progress to Stage 2a - Developed Design.
67. Deputy Robert Troy asked the Minister for Education and Skills further to Parliamentary Question No. 91 of 17 May 2018, if he will address concerns (details supplied). [22943/18]
Amharc ar fhreagraThe National Council for Special Education (NCSE) is responsible, through its network of Special Needs Organisers, for the development and delivery and co-ordination of education services to children with special educational needs.
The NCSE is aware of emerging need from year to year, and where special provision is required it is planned and established to meet that need.
The NCSE is continuing to work with schools, parents, NEPS, health professionals and other staff who are involved in the provision of services for children with special educational needs, to ensure that each child has a school placement appropriate to their needs for the 2018/19 school year and beyond.
To this end, the NCSE has indicated that it intends to establish approximately 145 new special classes for the forthcoming school year. Details of all classes are available at www.ncse.ie.
Parents/guardians of children with special needs who may need advice or are experiencing difficulties in locating a school placement should contact their local Special Educational Needs Organiser (SENO). Contact details may be accessed on www.ncse.ie.
68. Deputy Bríd Smith asked the Minister for Education and Skills if there are facilities or schemes to financially aid pupils of minority faiths who are not within commuting distance of a non-Catholic secondary school to attend schools with boarding fees; and if so, the facility or grant available. [22949/18]
Amharc ar fhreagraThere is a historic block grant provided to the minority faith Protestant churches.
It is provided through a mechanism put in place by the Protestant churches, the Secondary Education Committee (SEC) whose function is to support the children of minority Protestant faith in accessing education.
The SEC operates a means-tested student support scheme that enables necessitous children of the Protestant community to attend a Post-Primary school whose ethos accords with their faith traditions, including if applicable a boarding school.
69. Deputy Alan Kelly asked the Minister for Education and Skills the reason four members of the Higher Education Authority who are not ordinarily resident in the State have remained as members of the authority despite section 9 of the Schedule to the Higher Education Authority Act 1971 stating that such persons shall be disqualified from holding and shall cease to hold office in circumstances in which they cease to be ordinarily resident in the State. [23018/18]
Amharc ar fhreagraAs I set out in my reply to the Deputy’s question on this matter in Question No. 27933 on 29 September 2016, the current members of the Board of the Higher Education Authority have been appointed in line with the terms of the Higher Education Authority Act, 1971 and it should be noted that the legislation does not state that in order to be appointed to the Board a member must be ordinarily resident in the State.
70. Deputy Alan Kelly asked the Minister for Education and Skills if his attention has been drawn to a group within an application (details supplied) that has been established for communication by members of the Higher Education Authority; his views on whether this is an appropriate method of communication between members of the authority; if a record is kept of all such communications; and if they are subject to freedom of information legislation. [23019/18]
Amharc ar fhreagraThe HEA has confirmed that a WhatsApp group has been established by members of the HEA board. It has also been confirmed that the purpose of this group is to arrange meetings and other logistical arrangements and is not used to discuss the on-going work of the Board.
I understand that content from WhatsApp, which has been accessed from state-owned mobile devices, has been previously released under the Freedom of Information legislation.
71. Deputy Brendan Smith asked the Minister for Education and Skills further to issues raised in a Topical Issue debate of 22 February 2018 (details supplied), when a decision will be reached on this application; and if he will make a statement on the matter. [23058/18]
Amharc ar fhreagraAs the Deputy will be aware, an update of the identification model is currently underway. This will take account of updated school data as provided by schools for the current school year combined with the Pobal HP Index of Deprivation, based on CSO Small Area Population statistics derived from the 2016 National Census.
Should this exercise reveal that any school, including the school referred to by the Deputy, which did not qualify for DEIS in 2017, meets the criteria applicable to schools with the highest concentration of disadvantage based on the updated information, then additional schools may be included, subject to available resources.
72. Deputy Róisín Shortall asked the Minister for Education and Skills the position regarding teaching numbers at a school (details supplied) in Dublin 11; the reason for the proposed change; if the matter will be reconsidered; and if he will make a statement on the matter. [23087/18]
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 school referred to by the Deputy is due to have its mainstream staffing reduced by 1 for the coming school year due to a fall in enrolments.
The staffing schedule also includes an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Appeals Board.
The school referred to by the Deputy submitted an application for consideration by the Appeals Board at its March meeting under the Exceptional Accommodation Difficulties criteria. The Appeals Board considered the appeal and determined that it did not warrant the allocation of an additional post under Circular 0010/2018.
The school has been notified of the outcome of the appeal. The Appeals Board operates independently of the Department and its decision is final.
73. Deputy John Brassil asked the Minister for Justice and Equality the status of a visa application by persons (details supplied); and if he will make a statement on the matter. [22906/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations.
The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. All representations submitted will be fully considered in advance of a final decision being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
74. Deputy Brendan Ryan asked the Minister for Justice and Equality the way in which a person (details supplied) can seek recourse from the State in cases in which the State Claims Agency refused to reimburse a person who had their property damaged by An Garda Síochána during a lawful raid; and if he will make a statement on the matter. [22940/18]
Amharc ar fhreagraAs the Deputy is aware, I am unable to comment on individual cases.
However, I can say, in general terms, that claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are delegated to and managed by the State Claims Agency (SCA). Each claim is considered separately having regard to the particular facts of the case.
The general policy of the State Claims Agency, in relation to such claims, is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested unless there is demonstrable negligence on the part of the Garda authorities. Other relevant factors taken into account include whether the Gardaí were acting on foot of a search warrant or whether they had other lawful authority to carry out a forced entry to a premises. Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property in those circumstances. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.
It is not my function to offer legal advice to the individual referred to in the Deputy's question but it is clearly open to that person to seek their own legal advice on the options open to them.
75. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [22948/18]
Amharc ar fhreagraThe Deputy will appreciate that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. Vetting is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016.
Vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original vetting disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions.
Furthermore, data protection law requires that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.
The National Vetting Bureau has deployed an e-vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-vetting system is available to all registered organisations and I am informed that the Garda Authorities are ready to assist those organisations who are not yet using the e-vetting system to do so. Notwithstanding a recent increase in the volume of applications submitted to the Bureau, processing times are generally in the order of a 5-6 working day turnaround for 80% of applications received. In circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is largely obviated.
The Deputy will wish to know that there are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant and the organisations in question in accordance with section 12 of the Acts.
76. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 347 of 10 March 2015, if a full investigation will take place into the level of Garda special branch knowledge of this activity in view of the fact that in response to Parliamentary Question No. 7 of 30 April 2014 it was stated that information on these illegal actions should be thoroughly investigated and that a complaint in regard to this hacked material was lodged with the Garda cybercrime unit in 2017. [22958/18]
Amharc ar fhreagraI refer to the replies to the previous parliamentary questions referred to by the Deputy and also to a letter dated 26 March 2015 from my predecessor to you in relation to the matter raised.
I have requested a report from the Garda Commissioner in relation to the matter referred to by the Deputy concerning a complaint lodged with the Garda Cybercrime Unit in 2017. I will reply further to the Deputy when this report is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
77. Deputy Brendan Ryan asked the Minister for Justice and Equality his plans to introduce legislation to rectify an apparent inconsistency (details supplied); and if he will make a statement on the matter. [23010/18]
Amharc ar fhreagraAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that there is no inconsistency between the section of the Act and the rule of court (Court Order) referred to by the Deputy. By virtue of section 4(1) of the Act, section 18(h) applies to an enactment (including a rule of court) except in so far as the contrary intention appears in this Act, in the enactment itself (in this instance, the rule of court concerned) or, where relevant, in the Act under which the enactment is made. The effect of section 4(1) is that if a contrary intention appears in another enactment when considering whether a provision of the Act applies, the Act provision will not apply.
78. Deputy Clare Daly asked the Minister for Justice and Equality the cost of each of the two reports commissioned into the release of a person (details supplied); and if he will make a statement on the matter. [23012/18]
Amharc ar fhreagra79. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 10 May 2018, the basis upon which he referred to the original report (details supplied) as a draft and operational in view of the fact that neither of these terms is in accordance with the facts of the terms of reference or the investigation. [23013/18]
Amharc ar fhreagra80. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 10 May 2018, if the facts surrounding the release of a person (details supplied) were established in the report which resulted in the IPS incorporating aspects of the report into Circular OPS 12/2011. [23014/18]
Amharc ar fhreagra81. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 10 May 2018, the detail of the legal and procedural flaws in the original investigation conducted. [23015/18]
Amharc ar fhreagraI propose to take Questions Nos. 78 to 81, inclusive, together.
I am advised by the Irish Prison Service (IPS) that the Terms of Reference for the original external report was to investigate the case of a specific person and to report directly to the Director General. It was considered an operational matter as it related to an incident that occurred in the Dochas Centre. It was not envisaged that the report would be furnished to any party to the enquiry.
As had been outlined in the answers to previous Parliamentary Questions relating to this matter, a review of the report by the Director General of the IPS highlighted some legal and procedural flaws in the way in which the enquiry was conducted. This included the fact that there was an absence of documentary evidence to show that all of those who had participated in the enquiry were given an opportunity to comment on the accuracy of the comments attributed to them by the investigators. In addition, where third parties were named, such individuals were not given an opportunity to respond.
In order to address those issues a second external investigator was appointed to review the original report and try to bring the enquiry to a satisfactory conclusion. Regretfully, for reasons outlined in the answer to Parliamentary Question No. 156 of 8 May, 2018, it was not possible to do so.
I am further advised by the IPS that, notwithstanding the legal and procedural flaws which were highlighted in the original report, the recommendations were reviewed on their own merits to see if they could benefit the operation of the Prison Service. Some of these recommendations were incorporated into Circular OPS 12/2011 'Consolidated Guidelines for Prisoners Released on Temporary Release' which was supported by the 'Consolidated Temporary Release Guidelines' which issued in 2012. The recommendations which were incorporated were that prisoners should have the terms and conditions of their temporary release explained to them, that the prisoner must acknowledge the conditions of the temporary release and sign the Temporary Release form, the prisoner must consent to being granted a period of temporary release and that a written record of the decision must be placed on the Prisoner Information and Management System.
I am also advised that the total costs associated with the commission of the investigation report was €32,140.60 and €900 for the review. This amount included payments which related to travel and associated expenses.
82. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the status of his Department's dealings with a visa application by a person (details supplied) which is currently before the courts [23017/18]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this case relates to a person who brought a Judicial Review to the High Court. As the case is still sub judice I do not propose to comment further at this time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
