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Thursday, 21 Feb 2019

Written Answers Nos. 85-104

Teachers' Remuneration

Ceisteanna (85)

Clare Daly

Ceist:

85. Deputy Clare Daly asked the Minister for Education and Skills the reason staff employed for substitution duties have been awarded zero tax credits resulting in an overpayment of taxation for a number of months; the steps that have been taken to rectify the matter; and when the issue is likely to be resolved. [8836/19]

Amharc ar fhreagra

Freagraí scríofa

The new PAYE system developed by Revenue was deployed for the first time from the 1st January 2019.  My Department pays 120,000 staff on a fortnightly basis.  Between 5,000 and 9,000 substitute staff who cover absences for teaching and non-teaching staff could be paid each fortnight for the full period or a number of days per fortnight.

A cessation date was included in the return sent to Revenue on the 3rd and 17th January for post primary substitute teachers and on 10th January for primary and non-teaching staff.  The new Revenue ’system updated the employees’ records immediately and assigned zero credits to them.

The issue that caused the main problem has been resolved and any substitute staff being paid for the first time in 2019 on payrolls since the 17th January in the case of post primary and from 10th January for primary and non-teaching staff, are not affected.

I am pleased to advise the Deputy that a solution was applied for some staff in the post primary teacher payroll that issued last Thursday (14th February).  In that regard, a total of 2,450 new Revenue Payroll Notifications were loaded to the post primary teachers’ payroll of 14th February.  The payroll generated   refunds for 69 substitute teachers.  Further RPNs for post primary teachers will be processed in the payroll of 28th February and refunds of tax will issue where due.  The exact number will not be known until the payroll is fully processed.

Revenue has forwarded 4,728 RPNs to be applied to the primary teacher and non-teaching staff payrolls for payment on the 21st February.  It is expected that 533 refunds will be issued to primary substitute staff and 177 refunds to substitute non teaching staff on the 21st February.

My Department will continue to assign RPNs notified by Revenue to teaching and non-teaching staff on an ongoing basis.  and is endeavouring to ensure that every payee has the correct RPNs) applied to them.

Where a substitute teacher / non-teaching staff member has more than one employer, the Revenue Commissioners will issue RPNs based on the information available to them.  Employees may have more than one source of taxable income and may assign credits to more than one employment.  Tax credits and taxable basis are decided by Revenue and notified to the employer to apply to payrolls.  Any refunds of tax to staff are based on the information supplied by Revenue.

Residential Institutions Statutory Fund

Ceisteanna (86)

Clare Daly

Ceist:

86. Deputy Clare Daly asked the Minister for Education and Skills the discussions he has had with the Minister for Children and Youth Affairs in relation to opening the Residential Institutions Statutory Fund to the survivors of a home (details supplied). [8839/19]

Amharc ar fhreagra

Freagraí scríofa

Under section 3 of the Residential Institutions Statutory Fund Act 2012, eligibility for assistance from the Fund is confined to those former residents who received awards from the Residential Institutions Redress Board or similar awards or settlements in court proceedings and who would otherwise have received an award from the Redress Board.

A review of eligibility was carried out in 2018 and was intended to quantify any likely underspend and, in the event of an underspend, to look at the implications of extending the eligibility criteria to include survivors of other institutions.

The analysis concluded that it was clear that the fund is not going to be undersubscribed and that it should continue to be used for the benefit of those survivors who meet the criteria originally devised. 

Because the Fund will continue to be used as originally devised, I haven't had any discussions with my colleague, Minister Zappone on extending it to survivors of the institution mentioned by the Deputy.

Residential Institutions Statutory Fund

Ceisteanna (87)

Clare Daly

Ceist:

87. Deputy Clare Daly asked the Minister for Education and Skills the status of the Residential Institutions Statutory Fund; the amount of funds it holds; and the operating costs of same. [8840/19]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the provisions of the Residential Institutions Statutory Fund Act 2012, cash contributions offered voluntarily by religious congregations in the aftermath of the publication of the report of the Commission to Inquire into Child Abuse (the "Ryan Report") are available to meet costs, incurred by Caranua in supporting former residents and in meeting the operational costs of Caranua and any costs associated with the independent appeals process.

To end 2018 a total of €103 million, comprising contributions of €101.63 million plus added interest of €1.382 million, has been received by my Department and made available to Caranua.

A contribution of €8.8 million remains outstanding from the Congregation of Christian Brothers and is expected to be received later this year. On receipt of that contribution the €110 million statutory cap will have been reached and any amount of the contribution in excess of that cap will go towards the National Children's Hospital. 

Caranua publishes regular updates on its website regarding expenditure. The most recent update shows that to end December 2018, Caranua had expended some €80.6 million on supports and services for former residents.  I understand that it has expended a further €9.9m on administration costs in the same period while costs associated with the independent appeals process have, to date, amounted to €95,600. At the end of 2018, some €13 million was available to Caranua, excluding cash contributions offered but not yet received.

Special Educational Needs Service Provision

Ceisteanna (88)

Róisín Shortall

Ceist:

88. Deputy Róisín Shortall asked the Minister for Education and Skills the steps he is taking regarding the lack of school places in the north west area of Dublin city and county for children on the autism spectrum; the steps he will take to address the lack of services and resources in many primary and secondary schools for children on the autism spectrum; if such children attending a junior school will be guaranteed a pathway and a place in the same senior school of the school in order that they will not be left at a disadvantage; and if he will make a statement on the matter. [8844/19]

Amharc ar fhreagra

Freagraí scríofa

The NCSE is responsible, through it's network of Special Needs Organisers, for the development and delivery and co-ordination of education services to children with Special Educational Needs, including the establishment of special class and special school placements.

Since 2011, the NCSE has increased the number of special classes from 548 in 2011 to 1,459 across the country now, of which 1,196 are ASD special classes.

There are 37 special schools and 237 special classes attached to mainstream schools in Co. Dublin. Of these, 17 are ASD early intervention classes, 139 are primary ASD classes and 41 are post primary ASD classes. The number of ASD special classes in Co. Dublin have increased from 66 in 2011/2012 to 197 in 2018/2019. Details of all special classes for children with special educational needs are available on www.ncse.ie.

The NCSE is aware of emerging need from year to year, and where special class provision, is required, it is planned and established to meet that need. This process is ongoing.

Accordingly, the NCSE advises parents, to seek to enrol their child, by applying in writing, to the school/s of their choice as early as possible. Where parents have been unsuccessful in enrolling their child in a school, they should update their local SENO to inform the planning process.

The selection and enrolment of pupils is the responsibility of the management authorities in each individual school.

The NCSE’s main responsibility is to ensure that schools in the area refercned by the Deputy can, between them, cater for all children who have been identified as needing special class placements.  

However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, 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.

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.

My Department is aware that the establishment of special class provision in some schools and communities can be challenging.

Section 8 of the Education (Admission to Schools) Act 2018, which commenced Monday 3rd December 2018, will provide me with a power, after a process of consultation with the NCSE, the Board of Management and the patron of the school, to compel a school to make additional provision for the education of children with special educational needs.

As the Deputy's question relates to a particular area I have arranged for the question to be forwarded to the NCSE for their attention and direct reply.

My Department will continue to support the NCSE in opening ASD special classes in areas where there is an identified need.

Teaching Council of Ireland

Ceisteanna (89)

Kathleen Funchion

Ceist:

89. Deputy Kathleen Funchion asked the Minister for Education and Skills the reason for the delay for teachers returning from abroad to register with the Teaching Council; if the issue is being rectified; the expected waiting time for returning teachers to register with the council; and if he will make a statement on the matter. [8863/19]

Amharc ar fhreagra

Freagraí scríofa

Under the Teaching Council Acts 2001-2015 the Teaching Council is the body with statutory authority and responsibility for the registration of teachers in this State.

It is a function of the Council under the Teaching Council Acts (s7(2)) to act as the competent authority for the recognition of qualifications obtained by a person who has applied under this Act for registration as a teacher. A person who has completed teacher education qualifications outside the State and is seeking to register with the Teaching Council must have their qualifications assessed to determine that they are comparable and equivalent to accredited qualifications in Ireland. Where shortfalls are identified, a teacher may seek the advice of the Teaching Council as to how the shortfalls should be made up.   

Section 30 of the Teaching Council Acts requires that a teacher in a recognised school be registered with the Teaching Council in order to be paid from public funds.

Teachers are registered by the Teaching Council under the terms of Statutory Instrument 444/2016 which provides for a number of routes to registration, including primary, post primary and further education.  In certain circumstances, as determined by the Teaching Council, registration may be granted with conditions.  

The Teaching Council advise that, for teachers qualified outside of Ireland, the assessment and registration process typically takes up to 12 weeks from receipt of all application documentation. The Teaching Council recommend that applicants apply in advance of their planned return to or commencement of teaching in Ireland to take account of the time that the registration process may take.

Teachers' Remuneration

Ceisteanna (90)

Kathleen Funchion

Ceist:

90. Deputy Kathleen Funchion asked the Minister for Education and Skills the measures or plans in place for the reimbursement of pay owed to teachers who have recently registered with the Teaching Council and who had been working to date as full-time teachers without being fully registered due to the backlog with the Teaching Council in relation to same; and if he will make a statement on the matter. [8864/19]

Amharc ar fhreagra

Freagraí scríofa

Save for limited exceptions (provided for in Ministerial Regulations (S.I. No. 32/2014), Section 30, of the Teaching Council Act 2001, prohibits payment from Oireachtas funds to people employed as teachers in recognised schools unless they are registered with the Teaching Council, the statutory body for the registration of teachers. There will be no retrospective payment for a period during which a person is unregistered.

The Teaching Council has confirmed that the registration process for teachers adheres to the timelines notified on its website.

Site Acquisitions

Ceisteanna (91)

Brian Stanley

Ceist:

91. Deputy Brian Stanley asked the Minister for Education and Skills when the acquisition of land for a school (details supplied) will be completed. [8878/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, legal representatives for both parties are working together with a view to concluding the conveyancing. There has been significant progress recently on foot of close and intense engagement from all parties.  All parties continue the work to ensure the acquisition completes at the earliest possible date.  It is not anticipated that the completion of conveyancing will impact on the timelines for delivery of the building project.

Schools Building Projects Expenditure

Ceisteanna (92)

Brian Stanley

Ceist:

92. Deputy Brian Stanley asked the Minister for Education and Skills if the overrun in cost for the national children’s hospital will impact on the new building for a school (details supplied). [8879/19]

Amharc ar fhreagra

Freagraí scríofa

No Education projects will be delayed as a result of the Department's contribution to the National Children's Hospital.  

The Department of Education and Skills has agreed to pay, in 2019, €10m of an existing €17m commitment to higher education facilities in the National Children’s Hospital.  This funding will come from within the existing overall amount allocated to the higher education capital subhead.  Due to this arrangement there is no impact on capital investment in the school sector or on the new school building referred to by the Deputy.

Schools Building Projects Status

Ceisteanna (93)

Brian Stanley

Ceist:

93. Deputy Brian Stanley asked the Minister for Education and Skills the timeframe for the tendering and construction of the new building for a school (details supplied). [8880/19]

Amharc ar fhreagra

Freagraí scríofa

The major building project for this school is at an advanced stage of architectural planning, Stage 2b – Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents. All statutory approvals have been obtained.

A legal challenge to the pre-qualification process for the main contract from one unsuccessful contractor has recently been struck out and a new invitation to pre-qualify will issue shortly on the e-tenders platform. 

When the pre-qualification process for the main contract and reserved specialists contracts is complete the project will then be progressed to tender stage.

A tender stage normally takes between 7 and 8 months to complete.

School Closures

Ceisteanna (94)

Eamon Scanlon

Ceist:

94. Deputy Eamon Scanlon asked the Minister for Education and Skills the position regarding a proposed school closure (details supplied); and if he will make a statement on the matter. [8882/19]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the decision making authority for a school closure belongs to the Patron of a school, and this is subject to the agreement of my Department. Any proposal to close a school must involve consultation with all of the relevant stakeholders, parents, teachers, students and local communities and follow decisions taken at local level.

My Department is engaging with the Patron in relation to the matter.

School Curriculum

Ceisteanna (95)

Mattie McGrath

Ceist:

95. Deputy Mattie McGrath asked the Minister for Education and Skills further to Parliamentary Question No. 258 of 5 February 2019, the details of the findings that allow him to assert that the RSE provided in schools coupled with education provided at home by parents is associated with the best outcomes for students; and if he will make a statement on the matter. [8899/19]

Amharc ar fhreagra

Freagraí scríofa

Research in Ireland and abroad indicates that a great majority of parents welcome the support of schools in helping them to fulfil their obligation regarding RSE and other aspects of SPHE.

The 1995 Report of the Expert Advisory group on RSE which was set by the then Minister for Education, found that various studies have been conducted on the implementation of Social, Personal and Health Education (SPHE) which includes RSE in Ireland.  These studies uncovered overwhelming support for school-based RSE among both teachers and parents.

In 2007 a research report produced by the Crisis Pregnancy Agency in partnership with the Department of Education and Skills entitled: Relationship and Sexuality Education (RSE) in the context of Social, Personal and Health Education (SPHE): An Assessment to the Challenges of full implementation of the programme in Post Primary Schools, found that RSE is an important part of the education of young people, and that schools provide a safe context within which young people can learn about themselves and the wider world. This study showed that young people find it difficult to talk to their parents about sex and relationships. This makes access to RSE in schools all the more important.

The report also found that parents viewed the home as the most appropriate place to teach students about relationships and sexuality but they also recognised that not all children received home-based sexuality education. Many also felt that there were many advantages to children learning about relationships and sexuality in the company of their peers under the guidance of trained teachers and facilitators. Overall, there was overwhelming support among parents for school-based sex education and it is in this context that RSE provided in schools coupled with education provided at home by parents is associated with the best outcomes for students.

School Funding

Ceisteanna (96)

Aengus Ó Snodaigh

Ceist:

96. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the status of an application by a school (details supplied) for funding relating to the proposed general purpose hall; if his attention has been drawn to the fact that students of the school who participate in physical education classes require a teacher to vacate a classroom; his views on whether this arrangement is unacceptable; and if the processing of the application will be facilitated. [8907/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that under the Project Ireland 2040 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 a 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 government will focus in the medium term on the provision of PE facilities in schools.

Schools Building Projects Status

Ceisteanna (97)

Kathleen Funchion

Ceist:

97. Deputy Kathleen Funchion asked the Minister for Education and Skills the reason the new planned premises for a school (details supplied) have not started construction; when it is anticipated that work will commence; the reason for the delay in construction; and if he will make a statement on the matter. [8912/19]

Amharc ar fhreagra

Freagraí scríofa

The school referred to by the Deputy will be part of a shared campus. The building project will deliver a new Post Primary school and the new special school building will provide an area of 3,746sqm with 11 classrooms and associated ancillary accommodation to cater for pupils with a range of learning disabilities.      

In December 2018, the project completed Stage 2a (Developed Design Stage) and has been authorised to proceed to Stage 2b - Detailed Design, which typically would include the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents.   

Planning permission for this particular project was sought earlier than usual in the architectural planning process, during Stage 2(a) as a means to identify any potential issues which might arise.  

Upon receipt and review of the stage 2(b) submission the project will then be authorised to complete pre-qualification of Contractors.  Pre-qualification normally takes between 8 and 12 weeks to complete.

When pre-qualification is complete, the project will then be progressed to tender stage.  A tender stage normally takes between 7 and 8 months to complete.

School Transport Provision

Ceisteanna (98)

Kathleen Funchion

Ceist:

98. Deputy Kathleen Funchion asked the Minister for Education and Skills his plans to ensure a community-funded bus service (details supplied) will not cease operation in September 2019; and if he will make a statement on the matter. [8913/19]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

There are currently over 117,500 children, including over 13,000 children with special educational needs, transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

The purpose of my Department's Post Primary School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school. In general, children are eligible for school transport where they reside not less than 4.8 kilometres from and are attending their nearest post-primary school.

Bus Éireann has advised that the bus service referred to by the Deputy is not contracted to operate a school transport service under the terms of the School Transport Scheme.

All children who are eligible for school transport and who complete the application process on time will be accommodated under the terms of my Department's School Transport Scheme in the 2019/2020 school year.

Student Grant Scheme Applications

Ceisteanna (99)

Bernard Durkan

Ceist:

99. Deputy Bernard J. Durkan asked the Minister for Education and Skills when confirmation will issue in respect of a higher education grant in the case of a person (details supplied); and if he will make a statement on the matter. [8951/19]

Amharc ar fhreagra

Freagraí scríofa

As part of a comprehensive customer service and communications strategy provided by SUSI, to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter.

Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. Staff in SUSI are responding to email queries within a matter of days.

Child Detention Centres

Ceisteanna (100)

Clare Daly

Ceist:

100. Deputy Clare Daly asked the Minister for Justice and Equality the number of boys that have been charged with criminal damage at Oberstown Children Detention Campus since May 2016; and the dates on which the incidents occurred. [8843/19]

Amharc ar fhreagra

Freagraí scríofa

I have requested this information from the Garda authorities will contact the Deputy as soon as this information is received.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question (No. 100 of 21 February 2019) where the Deputy sought the number of boys that have been charged with criminal damage at Oberstown Children Detention Campus since May 2016.
As the Deputy will recall, I undertook to contact her again once the information from An Garda Síochána was to hand.
The report is now to hand and I am advised by the Garda authorities that, since May 2016, 31 boys have been charged for criminal damage at Oberstown Children Detention Campus in 14 separate incidents.   
I am further advised that it is not possible to provide a breakdown by date due to data protection requirements around low count data.  
I hope this information is of assistance.
 

Naturalisation Applications

Ceisteanna (101)

Seán Crowe

Ceist:

101. Deputy Seán Crowe asked the Minister for Justice and Equality his plans to review the policy of not granting citizenship or naturalisation to spouses of Irish citizens living abroad. [8809/19]

Amharc ar fhreagra

Freagraí scríofa

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. Policy in this area does not prevent the granting of certificates of naturalisation to the spouses of Irish nationals living outside this jurisdiction.

Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. The conditions are that the applicant must :

- be of full age, or a minor born in the State,

- be of good character,

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,

- intend in good faith to continue to reside in the State after naturalisation,

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows— (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements include that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in his absolute discretion, waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.

Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the INIS website at ww.inis.gov.ie.

Garda Data

Ceisteanna (102)

Clare Daly

Ceist:

102. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 112 of 14 February 2019, the reason the Irish Prison Service does not have records in relation to the number of times gardaí are requested to attend a prison in cases in which assault or other offences would be considered a criminal matter. [8832/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy's previous question (PQ No 112 of 14 February 2019) sought information on the number of times An Garda Síochána was called to respond to an incident in each of the prisons.

In my response I provided the figures currently available from the Irish Prison Service in relation to incidents where An Garda Síochána is requested to attend a prison in relation to a) a death in custody and b) a visitor suspected of smuggling contraband.

I am advised by my officials in the Irish Prison Service that there is no central register recording the number of times Gardaí are requested to attend a prison in cases in which assault or other offences are reported.

In light of the Deputy's question, I have asked my officials in the Irish Prison Service to examine the relevant information collated at Governor level with a view to making further information available to the Deputy.

Direct Provision Data

Ceisteanna (103)

Niall Collins

Ceist:

103. Deputy Niall Collins asked the Minister for Justice and Equality the number of persons being accommodated at each reception centre in counties Limerick and Clare; the official capacity of each reception centre; the number of persons being accommodated in excess of the capacity of each centre; the annual running cost of each centre; and if he will make a statement on the matter. [8833/19]

Amharc ar fhreagra

Freagraí scríofa

The statistical data the Deputy requires is detailed in the following table. The figures are representative of a particular point in time. This data is from 10th February 2019.

Number of persons accommodated in counties Limerick and Clare

County

Location

Current contracted capacity

Current Occupancy

Clare

Knockalisheen

250

237

King Thomond

115

113

Limerick

Hanratty's

118

114

Mount Trenchard

85

83

Annual Costs

Extensive and detailed information on the amount paid by my Department to each company contracted to provide direct provision accommodation every year up to and including 2015 can be found on the Reception and Integration Agency (RIA) website www.ria.gov.ie under the 'Contract Values' section of the website - http://www.ria.gov.ie/en/RIA/Pages/ContractValues. The annual value of payments for accommodation and ancillary services for centres in Clare and Limerick in 2015 were €1,927,010 for Knockalisheen in County Clare and €1,278,076 for Hanratty’s Hotel and €854,564 for Mount Trenchard in County Limerick.

This is in accordance with the RIA's policy on disclosure of financial information which was agreed with the Office of the Information Commissioner. Under this policy, a table of contract values is published on the RIA website, excluding the most recent previous two years. Therefore, in 2018, contract values up to 2015 were published on the website. Contract values for 2016 will be published by the end of Q1 of 2019 and contract values for 2017 will be published in 2020. The Deputy will appreciate that it is not appropriate to provide values for current contracts entered into by my Department. Negotiations take place with a number of commercial entities on an on-going basis with a clear focus on achieving the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that details of current individual contracts are made available to other commercial bodies who are, or may be in the future, engaged in these negotiations.

The annual value of payments for accommodation and ancillary services for centres in Clare and Limerick in 2015 were €1,927,010 for Knockalisheen in County Clare and €1,278,076 for Hanratty’s Hotel and €854,564 for Mount Trenchard in County Limerick. The overall cost to the State of providing the accommodation and related services for residents in Direct Provision centres on a nationwide basis is on average €34 per resident per day.

Legal Aid Service Data

Ceisteanna (104)

Pearse Doherty

Ceist:

104. Deputy Pearse Doherty asked the Minister for Justice and Equality the estimated cost of providing legal aid to all borrowers facing repossession hearings; and if he will make a statement on the matter. [8848/19]

Amharc ar fhreagra

Freagraí scríofa

Borrowers may apply for legal aid from the Legal Aid Board to defend repossession proceedings, where such persons meet the financial eligibility and merits criteria prescribed under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

The merits criteria include if the applicant is reasonably likely to be successful in the proceedings and if having regard to all the circumstances of the case including the cost to the Board as against the benefit to the applicant, it is reasonable to grant legal aid. 

The Deputy should note that in many repossession cases the applicant is unlikely to have any prospect of success as the lender will usually be entitled to orders for possession and sale in circumstances where the mortgage is valid and in arrears. In such circumstances the applicant is unlikely to meet the criteria for the granting of civil legal aid.

According to the Legal Aid Board, in relation to the estimating cost of providing legal aid to all Defendants irrespective of their means and the merits of the case, it would be usual to establish the potential demand for the service. However, the Courts Service does not publish figures for the number of possession cases currently before the courts. I am not, therefore, in a position to speculate on the likely number of such cases or the costs arising from them.

I want to reiterate the Government’s commitment to providing assistance to persons who may be in danger of losing their home. The Deputy will be aware that insolvent persons seeking legal advice and assistance in relation to repossession proceedings against their home may be able to avail of such advice through the Abhaile scheme, the Government’s free mortgage arrears support service, launched by the Government in October 2016.

Under Abhaile, the borrower can obtain free independent financial advice and negotiation assistance from a Personal Insolvency Practitioner, a MABS Dedicated Mortgage Arrears adviser, and/or an accountant. This service includes detailed analysis of the borrower’s individual financial situation and home mortgage arrears, identifying their best option to resolve their arrears with priority to remaining in their home wherever possible, and negotiation assistance to get a solution into place.  

Abhaile is not focused on bringing challenges to repossession proceedings because in most cases this will not help the borrower, for the reasons explained above. Instead, Abhaile focuses on solving the borrower’s substantive problem, by getting in place a solution to the arrears themselves – at the same time, keeping the borrower in their home and helping them back to solvency. This is a far more sustainable and effective focus for public intervention – both more effective for borrowers, and better for taxpayers.

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