Written Answers Nos. 83-98
83. Deputy Jonathan O'Brien asked the Minister for Public Expenditure and Reform the capital projects completed by his Department since 2011; the initial contract value of same; the final cost of same; and the final cost of the capital projects that have had an ex post review in tabular form. [7549/19]
Amharc ar fhreagraMy Department has not completed any capital projects, of the scale defined by the Deputy's office, since 2011.
In order to obtain the information sought in respect of such capital projects completed by other Departments, a separate question would need to be submitted to each of the relevant Ministers.
84. Deputy Jonathan O'Brien asked the Minister for Public Expenditure and Reform the capital projects since 2011 that proceeded on a basis other than a fixed-sum contract, in tabular form. [7550/19]
Amharc ar fhreagraGovernment policy requires the use of the Capital Works Management Framework (CWMF) on all projects delivered under the Exchequer-funded element of the public capital programme. The public works contract is a key component of the CWMF and is a lump sum, fixed-price contract which is to be used on all public works projects. It is possible for public bodies to seek a derogation from the use of the standard forms of contract from the Government Contracts Committee for Construction (GCCC). This process has been availed of by sanctioning authorities for large or complex projects or for those with specific requirements which do not naturally fit with the standard ‘lump sum’ contracts.
It is important to note that a derogation, if agreed, does not approve the approach or strategy of the Contracting Authority, but simply acknowledges that the circumstances are such as to warrant a different approach than the standard. It is a matter for the Contracting Authority and the Sanctioning Authority to satisfy themselves as to the adequacy of the approach with regards to compliance with procurement rules and project appraisal in accordance with the Public Spending Code. Accountability for the procurement strategy rests with the Contracting Authority.
Applications for derogations were received by the GCCC in relation to the following capital projects.
|
Department/Public Body |
Project |
|
Dept. of Communication, Energy & Natural Resources/Sustainable Energy Authority of Ireland (SEAI) |
Energy performance contracting initiative (National Energy Service Framework (NESF)) This is a template form of contract published by SEAI. It is used in energy retrofit projects where the tenderer bids guaranteed energy savings that are delivered on foot of building fabric, heating and lighting upgrades which are funded up front by the contractor and paid back over a defined period by the client. |
|
Dept. of Communication, Energy & Natural Resources |
Use of NEC3 for remediation works at the disused mining site at Avoca, Co. Wicklow. This project used a target cost contract and was granted a derogation on the basis that it was not possible to define the extent of remediation works to the underground mine shafts prior to the award of the contract. |
|
Dept. of Communication, Energy & Natural Resources/Sustainable Energy Authority of Ireland (SEAI) |
Use of the Local Energy Supply Contract (LESC) to finance, design, build, supply fuel, operate and maintain biomass heat and power systems and related projects. This is a specialist template contract developed by SEAI to engage energy supply companies for district heating and power schemes. |
|
An Post |
GPO: Witness History 1916 Centenary Project This project used an amended form of the public works contract to facilitate the use of acceleration in recognition of the fixed completion date for this project to ensure it would be completed and open in advance of Easter 2016. |
|
National Paediatric Hospital Development Board (NPHDB) |
NPHDB on their Procurement Strategy. The contract was developed by NPHDB. It is a bespoke form based on the standard form of public works contract for building works designed by the Employer amended to suit the 2 stage contract award. |
|
Dept. of Agriculture, Food & Marine |
To use the standard FIDIC form of Contract for proposed dredging and reclamation works. A specialist form of contract developed specifically for dredging works that permits re-measurement of the dredged materials to reflect the varying costs of disposal associated with the different material removed in marine and estuary dredging projects. |
|
Grangegorman Development Agency |
FIDIC Design, Build and Operate (DBO) Gold Book Contract Approval for Grangegorman Energy Centre. There is no standard form of DBO contract published under the CWMF. |
|
Transport infrastructure Ireland (TII) |
Use of NEC3 option C (Target Cost) contract for the upgrade works on the N8/N25/N40 Dunkettle interchange in Cork City. This contract makes provision for early contractor engagement on design solutions and adopts a target cost in recognition of the possible variation in the price as the construction solution is finalised. |
|
Office of Public Works (OPW) |
Amendments to the Public Works Contracts for Building Works Designed by the Employer (PW-CF1 v2.0) for use on projects involving conservation, restoration and refurbishment works on heritage and other existing buildings. Amendments were undertaken to the standard form of public works contract to permit limited contingency sums for certain specialist works that cannot be fully defined in advance of the works commencing. |
|
Cork County Council |
Use of NEC3 Option C – Target Cost with Activity Schedule for East Tip, Haulbowline Island Remediation Works (funded by the Dept. of Agriculture, Food & Marine). The target cost contract was adopted on this project in recognition of the uncertain ground conditions and the make-up of the waste material that was to be removed from the dump site adjacent to the former Irish Steel plant. |
|
Transport infrastructure Ireland (TII) |
Metrolink – initial engagement with GCCC on TII's outline procurement strategy. A form of contract has not been decided upon at the point of the engagement. |
|
Údarás na Gaeltachta |
Contract Strategy and Procurement for Design, Build, Operate (DBO) to use the FIDIC Gold Book conditions of contract for the Upgrade Works to Wastewater Treatment Plant and Treated Effluent Disposal at Eastát Tionscail, An Tulaigh, Co. na Gaillimhe. There is no standard form of DBO contract published under the CWMF. |
85. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the expenditure details for all consultancy or audit services provided to his Department by a company (details supplied) from 2015 to 2018 and to date in 2019; and if he will make a statement on the matter. [7567/19]
Amharc ar fhreagraThe table below sets out the information requested by the Deputy in relation to the company in question:
|
Year |
Service |
Cost |
|
2015 |
External expertise and support on Public Service Reform |
€36,900 |
|
2015 |
ICT Baselining Project |
€148,781 |
|
2018 |
Banking Services for central government – review of market |
€44,526 |
86. Deputy Michael Harty asked the Minister for Public Expenditure and Reform if overruns at the national children’s hospital will not result in cuts to Office of Public Works funding earmarked for urgent flood mitigation measures; and if he will make a statement on the matter. [7574/19]
Amharc ar fhreagraArising from the Government decision of Tuesday 12th February 2019 in relation to capital reallocations related to the cost overrun on the National Children's hospital, the Office of Public Works is reviewing the most appropriate means of achieving the required capital savings of €3 million in the flood risk management area. Expenditure on any particular project or programme in any year is dependent on many variables related to the progress of the project and programme. The OPW can state that all capital projects committed to will be delivered.
87. Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform the process in which information regarding the cost of the national broadband plan is communicated by the Department of Communications, Climate Action and Environment to his Department; and the mechanism by which oversight of increases in the cost are notified to his Department. [7647/19]
Amharc ar fhreagra88. Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform his responsibilities regarding the cost of the national broadband plan. [7648/19]
Amharc ar fhreagraI propose to take Questions Nos. 87 and 88 together.
All public capital projects are subject to the provisions of the Department’s Public Spending Code. The Public Spending Code provides key principles as well as identifying a clear framework for the appraisal, planning and management of these capital projects. This includes the specification of the respective roles and responsibilities of the project Sponsoring Agency and project Sanctioning Authority.
In terms of the National Broadband Plan (NBP), the Department of Communications, Climate Action and Environment is the designated Sponsoring Agency and is responsible for the proper appraisal, planning and management of the plan, including the tendering process for the State intervention network.
Under the Public Spending Code, the Government is the Sanctioning Authority for the NBP. It is the Government which will be responsible for making a final decision on whether or not to proceed with the bid under the current tendering process, having considered, in due course, the recommendation of the Minister for Communications, Climate Action and Environment. As Minister for Public Expenditure and Reform, when Exchequer monies are being sought for capital projects, I consider proposals in terms of affordability, value for money, costs and the potential impact on existing capital allocations.
In terms of information, my Department has been kept apprised on the NBP procurement process through meetings with officials from the Department of Communications, Climate Action and Environment (and their advisers as appropriate), submissions and presentations, as well as the submission of Cost Benefit Analysis Reports.
The above engagements between my Department and the Department of Communications, Climate Action and Environment have, naturally, included the issue of cost estimates and changes thereto. My Department has conveyed its views on these estimates to the Department of Communications, Climate Action and Environment. My Department has also commented on methodologies applied in the Cost Benefit Analysis Reports.
I have also discussed the NBP with the Minister for Communications, Climate Action and Environment and with his predecessor.
89. Deputy Clare Daly asked the Minister for Education and Skills the steps he has taken following his meeting with representatives of a school (details supplied) in order to ensure that the procurement and planning process is fast-tracked for temporary accommodation to enable it to be open to receive the extra children on site in August 2019; and if he will make a statement on the matter. [7410/19]
Amharc ar fhreagraMy Department has approved the provision of additional temporary accommodation for 2019/2020 for the school referred to by the Deputy at its current location and the initial approval letter issued to the school authorities in November 2018. My Department now awaits documentation from the school authorities in order to progress this matter further.
90. Deputy Martin Ferris asked the Minister for Education and Skills the status of an application by a school (details supplied) for a general purpose room; and if he will make a statement on the matter. [7429/19]
Amharc ar fhreagraI wish to advise the Deputy that under the National Development Plan (NDP), increased funding has been provided for the school sector capital investment programme. This funding allows for a continued focus on the provision of new permanent school places to keep pace with demographic demand and also provides for an additional focus on the refurbishment of existing school buildings to include the building and modernisation of PE facilities in schools.
The immediate priority of my Department is providing 20,000 new and replacement school places each year, to ensure that every child has a school place. The focus in the medium will be on the provision of PE halls in post-primary schools.
91. Deputy Jackie Cahill asked the Minister for Education and Skills the obligation on a school principal in circumstances in which the parents of a child refuse to allow the child to be assessed by the school MICRA-T in which the principal has requested the assessment and the parents have refused; the actions a school principal takes in this case; and if he will make a statement on the matter. [7434/19]
Amharc ar fhreagraCircular 56 of 2011 places a requirement on schools to implement standardised testing at second, fourth and sixth classes. In accordance with the Circular, pupils may be excluded from the test if in the view of the school principal they have a learning or physical disability which would prevent them from attempting the test, or in the case of pupils for whom English is a second language, that the pupil’s proficiency in English is such that attempting the assessment would be inappropriate. In other words, the principal has discretion regarding exempting individual pupils from the assessments but would typically make that decision only where a sound educational reason exists.
The rationale for using assessments is to gather good quality data about a pupil’s progress, relative to other pupils at the same stage of learning. That information can be used to identify pupils who might need additional support for their learning, for example, pupils with learning difficulties or gifted pupils. The information which these tests provide is very valuable to the teacher who has a more informed understanding of the achievements of pupils in reading and mathematics and so can plan more effectively for teaching and learning. It is also useful at the whole-school level, where the school uses that information to set and monitor targets for improvements in the areas of literacy and numeracy as part of the school self-evaluation process.
Given the importance of assessment in supporting children’s learning, parents are strongly encouraged to allow their children to participate in the assessment activities which are carried out by the school in accordance with the school’s assessment policy. If a parent has concerns about his or her child’s participation in assessment activities, including standardised tests, the parent and the school to discuss the issue. Ultimately, a parent may decide not to permit his or her child to participate in a given assessment activity.
The Principal should point out to the parents in this case that while children in primary schools are not subject to State examination, assessment is an integral aspect of teaching and learning. Assessment is a necessary process used to identify specific areas of learning in which the student may require greater support or alternative learning and teaching approaches; and to assist the teacher in planning the next steps in the students’ learning. Standardised testing is one assessment tool used to build up a picture of a student’s strengths and weaknesses. The outcomes of these tests are also intended to be used to inform decisions about teaching and learning in the classroom and the school in order to improve outcomes for children. The school’s policy on assessment which should be developed to outline the how, when and where of these assessment procedures should also be provided to the parents.
92. Deputy Jack Chambers asked the Minister for Education and Skills the status of measures to cease pay inequality for teachers who qualified after 2011; and if he will make a statement on the matter. [7453/19]
Amharc ar fhreagraThe public service agreements have allowed a programme of pay restoration for public servants to start. The starting salary for a new entrant teacher in 2012 was €30,702. As a result of the programme of pay restoration, the starting salary of a teacher is now €36,318 and from 1 October 2020 onwards will be €37,692.
Section 11 of the Public Service Pay and Pensions Act 2017 provides that “the Minister [for Public Expenditure and Reform] shall, within three months of the passing of this Act, prepare and lay before the Oireachtas a report on the cost of and a plan in dealing with pay equalisation for new entrants to the public service.”
The report laid before the Oireachtas on foot of this provision by the Minister for Public Expenditure and Reform assesses the cost of a further change which would provide a two scale point adjustment to new entrants recruited since 2011. The total cost of such an adjustment across the public sector is of the order of €200 million, of which Education accounts for €83 million. The report also acknowledges that, during the financial crisis, there were policy changes which affected remuneration in different occupations across the public sector (including education).
The matter of new entrant pay is a cross sectoral issue, not just an issue for the education sector alone. The Government 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.
On 24 September 2018, an agreement was reached between the Government and the public services committee of ICTU in respect of new entrant pay.
This agreement will benefit 16,000 teachers within the education sector. For example, a teacher hired in September 2011 will see their salary increase from €45,200 in September 2018 to €53,062 in September 2020 under the PSSA agreement and the 24 September agreement.
These restorations for new entrants have been achieved through continued engagement and collective bargaining between the Government and the public service unions and shows the benefits that such engagement can bring.
93. Deputy Martin Heydon asked the Minister for Education and Skills the steps he is taking to ensure that two children (details supplied) in County Kildare will receive access to the education provision to which they are entitled; the schooling options available to them; and if he will make a statement on the matter. [7468/19]
Amharc ar fhreagraMy Department's policy is that all children with Special Educational Needs (SEN), can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
The greater proportion of children with SEN attend mainstream class, where they may access additional supports if required.
Special class placements are provided in mainstream schools for students with special educational needs and more complex needs, where it has been demonstrated that he/she is unable to learn effectively in a mainstream class for most or all of the school day even with appropriate supports.
Special school placements are provided for other students with very complex special educational needs who wouldn’t manage in a mainstream school even for part of the week. Enrolment of a child in a special school is based on a professional recommendation for a special school placement in consultation with the NCSE.
The National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), in consultation with the relevant education partners, is responsible for the establishment of special classes and special school in various geographical areas where there is an identified need.
The NCSE works in collaboration with the Educational Welfare Services (EWS) of the Child and Family Agency which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child or can offer assistance where a child is out of school.
Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parent’s choice are respected.
The Educational Welfare Service (EWS) of the Child and Family Agency (Tusla) is the statutory body which can assist parents who are experiencing difficulty in securing a school placement for their child. My Department has been in contact with the EWS in relation to the two children referred to by the Deputy and the EWS have advised that they will follow up on this case at local level.
Under Section 29 of the Education Act, 1998 where a school board of management make a decision to refuse enrolment, a parent/guardian can appeal that decision within 42 days to the Secretary General of my Department. My Department has received Section 29 appeal applications in respect of the two children referred to by the Deputy, but as the appeal applications were made more than 42 days after the decision to refuse enrolment, my Department did not admit the appeal applications.
My Department wrote to the parent on 1st February 2019 to advise that the Section 29 appeal applications were not being admitted. It is open to the parent to seek a review on that decision, in the event that exceptional circumstances prevented them making the appeal within the 42 days.
94. Deputy Jan O'Sullivan asked the Minister for Education and Skills his plans to address the matter of reduced timetables being used in schools to manage behaviour; the way in which the practice is monitored; and if he will make a statement on the matter. [7506/19]
Amharc ar fhreagra95. Deputy Jan O'Sullivan asked the Minister for Education and Skills if he will review the practice of reduced timetables operating in schools and address the loophole in which children are marked present then sent home and therefore not reported to Tusla will be addressed; and if he will make a statement on the matter. [7507/19]
Amharc ar fhreagraThe position of my Department in relation to the use of reduced timetables is that each child has a right to education to enable them to live a full life as a child and to realise his or her potential as a unique individual. All pupils who are enrolled in a school should attend school for the full day, unless exempted from doing so for exceptional circumstances, such as medical reasons.
Reduced timetables should not be used as a behavioural management technique, or as a de facto suspension or expulsion nor does any provision exist for the use of reduced timetables for particular pupils or groups of pupils.
Where children with emotional or behavioural difficulties, are enrolled, additional resources such as Special Education Teachers and Special Needs Assistants, are provided to schools to support the inclusion of such pupils.
The National Council for Special Education also provides training and guidance to schools around the inclusion of pupils with special educational needs and including around the management of behaviours that challenge.
Where schools apply a shorter school day in relation to a child, such arrangements should only be put in place in exceptional circumstances in order to assist a pupil to return to a school, where a pupil has been experiencing an absence due to a medical or behavioural related condition.
Any such arrangement should be a transitionary arrangement, which is designed to assist the reintegration of a pupil to a school environment.
In making any such arrangements, school authorities should be mindful of the best interests of the child and of the child's right to a full day in school. Schools should seek the advice of the National Educational Psychological Service before implementing such arrangements.
My Department is engaging with the Department of Children and Youth Affairs and TUSLA Educational Welfare Service on the matter of reduced timetables with a view to examining options which can be taken to address the issues raised.
96. Deputy Jan O'Sullivan asked the Minister for Education and Skills if he will insert a mandatory ethnic identifier in reporting by schools further to a review of the practice of reduced timetabling; and if he will make a statement on the matter. [7509/19]
Amharc ar fhreagraUnder GDPR and the Data Protection Act 2018, ethnicity is considered a special category of personal data and is subject to additional protections. Therefore information on pupil ethnicity can only be collected and reported on a voluntary basis, with the explicit consent of a pupil's parent(s) or guardian(s).
My Department is engaging with the Department of Children and Youth Affairs and TUSLA Educational Welfare Service on the matter of reduced timetables with a view to examining options which can be taken to address the issues raised.
97. Deputy Michael Healy-Rae asked the Minister for Education and Skills if the system of students attending a school (details supplied) will be reviewed; and if he will make a statement on the matter. [7527/19]
Amharc ar fhreagraThe question of enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act 1998 and the Education (Admission to Schools) Act 2018.
My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.
As the Deputy is aware the Education (Admission to Schools) Act 2018, which was signed into law by the President on the 18th July 2018, is an important piece of legislation which will introduce a more parent-friendly, equitable and consistent approach to how school admissions policy operates for the almost 4,000 primary and post-primary schools in this country and a fair and balanced school admission process for all pupils.
98. Deputy Róisín Shortall asked the Minister for Education and Skills the status of the provision of a new secondary school in Greystones and Kilcoole; the timeline for opening the patronage process and beginning the build; if a specific site has been selected; if the process will be accelerated in view of the demand for places in the area and the stress being currently placed on parents that do not have places for 2021; and if he will make a statement on the matter. [7528/19]
Amharc ar fhreagraAs the Deputy will be aware, the Government recently announced plans for the establishment of 42 new schools over the next four years (2019 to 2022) including a new 800 pupil post-primary school to be established in 2021 to serve the Kilcoole and Greystones school planning areas as a regional solution.
This announcement follows nationwide, demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.
My Department will be examining all potential suitable site options to serve the area referred to by the Deputy. A decision will then be made as part of the site acquisition process in relation to an appropriate site for the school and will be confirmed at a later date.
A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. This patronage process is open to all patron bodies and prospective patrons. Parental preferences for each patron, from parents of children who reside in the school planning areas concerned, together with the extent of diversity currently available in these areas, are key to decisions in relation to the outcome of this process.
The patronage process for 12 primary schools to be established in 2019 is nearing completion and it is anticipated that the successful patrons will be announced in the coming weeks.
The patronage process for the remaining schools, including the new post-primary school referred to by the Deputy, will also be run at a later date, significantly ahead of their due opening. Updates in relation to further patronage processes will be announced on the OPPS website (http://patronage.education.gov.ie/) and my Department’s website (www.education.ie).
