Thursday, 16 May 2019

Written Answers Nos. 66-80

Schools Building Projects Status

Ceisteanna (66)

Pat the Cope Gallagher

Ceist:

66. Deputy Pat The Cope Gallagher asked the Minister for Education and Skills if the short-listing of contractors for a school (details supplied) has been completed; if firms or contractors in County Donegal have been successful in the short-listing process; the number of firms and contractors in County Donegal that applied to be short-listed for the contract; the timeframe for the next part of the tendering process; and if he will make a statement on the matter. [21270/19]

Freagraí scríofa

Minister for Education and Skills

The major building project for the school to which the Deputy refers is at an advanced stage of architectural planning Stage 2b (Detailed Design), which includes the application for statutory approvals and the preparation of tender documents. All statutory approvals have been secured.

The Design Team is currently in the process of completing the pre-qualification process to select a shortlist of contractors for tender stage. The outcome of the pre-qualification process has been notified to contractors who expressed interest in tendering for this project. Feedback and issues arising from same are currently being dealt with by the Design Team. In the circumstances, it would be inappropriate at this point in time for my Department to comment on the composition of the shortlist.

In parallel with the pre-qualification process the Design Team is currently working on a submission to the Department outlining the steps required to achieve compliance with Part L of the Building Regulations 2017 (NZEB - "Near Zero Energy Building").

When the pre-qualification process has been completed and the design team's NZEB submission has been considered and any consequential amendments to Stage 2(b) design and tender documents have been implemented this project will then be progressed to tender stage.

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

Teachers' Remuneration

Ceisteanna (67)

James Browne

Ceist:

67. Deputy James Browne asked the Minister for Education and Skills the position regarding a qualified teacher (details supplied); if the teacher is paid in line with point one of the teaching pay scale in spite of pre-2009 years of experience; if the person's past teaching experience will be recognised; if the person's experience in different professions will be recognised; if this experience can be viewed as incremental credit; if the teacher's service can be backdated to November 2018 when the person began teaching; and if he will make a statement on the matter. [21282/19]

Freagraí scríofa

Minister for Education and Skills

The criteria for the award of incremental credit to Post-Primary teachers who are teaching in an Oireachtas funded post are contained in Department Circulars 29/2007 and 29/2010. The criteria contained in these Circulars were agreed under the auspices of the Teacher Conciliation Council. This Council is comprised of representatives of the teacher unions, school management bodies, the Department of Public Expenditure and Reform, and the Department of Education & Skills and is chaired by an Official of the Workplace Relations Commission.

My Department has recently received applications for incremental credit from the person referred to by the Deputy. These applications will be considered in accordance with the criteria outlined in the circulars and the applicant will be notified of the outcome.

Emergency Works Scheme Appeals

Ceisteanna (68)

John Curran

Ceist:

68. Deputy John Curran asked the Minister for Education and Skills if he will review a decision made to refuse funding under the emergency works grant for toilet facilities at a school (details supplied); and if he will make a statement on the matter. [21284/19]

Freagraí scríofa

Minister for Education and Skills

The school to which the Deputy refers submitted an application for funding under my Department's Emergency Works Scheme. This was refused as it was for works which progressed without prior approval by the Department.

School authorities should be aware that they are responsible for the management of funding for any expenditure incurred by them or members of their staff. In particular, they should be certain of their ability to fund such works prior to them being authorised.

Should the school authority wish to submit a further appeal, they should accompany it with a copy of an Occupational Therapist's report recommending the works and confirmation that the new facility is constructed in accordance with my Department's Technical Guidance Documents. Upon receipt of this documentation, the application will be assessed and a final decision will issue directly to the school authority

Insurance Costs

Ceisteanna (69)

Denis Naughten

Ceist:

69. Deputy Denis Naughten asked the Minister for Education and Skills the steps he is taking to ensure that a school (details supplied) is not forced to close due to rising insurance costs; and if he will make a statement on the matter. [21319/19]

Freagraí scríofa

Minister for Education and Skills

My Department is aware of issues relating to rising insurance costs in some special schools which have been brought to my Department’s attention, through correspondence received from a number of special schools, including the School referred to by the Deputy, and through discussions with the National Association of Boards of Management in Special Education (NABMSE).

Officials from my Department have been in contact with the board of this School and are working as a matter of urgency with NABMSE and other relevant government departments, including the State Claims Agency, to seek a resolution to the issue of increased insurance costs in special schools.

Protected Disclosures

Ceisteanna (70, 71)

Bríd Smith

Ceist:

70. Deputy Bríd Smith asked the Minister for Education and Skills the actions he took when a protected disclosure from a teacher in an education and training board (details supplied) was received; and if he will make a statement on the matter. [21338/19]

Bríd Smith

Ceist:

71. Deputy Bríd Smith asked the Minister for Education and Skills if his attention has been drawn to the case of a teacher that submitted a protected disclosure and has since been dismissed by an education and training board (details supplied); and if he will make a statement on the matter. [21339/19]

Freagraí scríofa

Minister for Education and Skills

I propose to take Questions Nos. 70 and 71 together.

It would not be appropriate for me to comment on matters pertaining to a specific case involving an individual employee of an Education and Training Board (ETB). ETBs are separate statutory bodies established under the Education and Training Board Act 2013 and there are agreed procedures for the management of disputes within those organisations, including for the management of protected disclosures.

Notwithstanding these processes an individual employed by Waterford Wexford Education and Training Board (WWETB) has been in contact with my Department since early 2018. Having reviewed the issues raised in that correspondence in conjunction with the criteria as laid down in the Protected Disclosures Act 2014 the matters raised did not appear to fall within the parameters of the 2014 Act as the actions described were not relevant wrongdoings but rather workplace grievances.

My officials outlined to the correspondent the options available to them to resolve those grievances in light of agreed procedures between employers and employees in the education sector including referral as appropriate to the Workplace Relations Commission.

Departmental Circulars

Ceisteanna (72)

Bríd Smith

Ceist:

72. Deputy Bríd Smith asked the Minister for Education and Skills further to Parliamentary Question No. 206 of 19 February 2019, if his attention has been drawn to the fact that an education and training board (details supplied) has failed to follow agreed disciplinary and grievance mandatory procedures; and his views on the failures of the education and training board to follow mandatory circulars in matters concerning its workforce and disciplinary proceedings. [21340/19]

Freagraí scríofa

Minister for Education and Skills

Matters relating to the regulation of discipline fall within the responsibility of the Education and Training Board as the employer, subject to the agreed procedures.

Circular 0048/2018 sets out the disciplinary procedures for teachers and Principals employed by Education and Training Boards (ETBs). The procedures were negotiated and agreed with the education partners in accordance with the Education Act and the ‘Towards 2016’ national pay agreement.

Where an ETB is dealing with performance or conduct issues in respect of a teacher, the use of Circular 0048/2018 is mandatory. The procedures set out in Circular 0048/2018 may be commenced or ceased at different stages by the employer depending on the circumstances of the individual case concerned.

The Circular sets out a clear stage-based process for the handling of disciplinary processes, including a mechanism for appeal to an independent appeals board. It may also be open to an individual teacher to pursue their statutory employment rights through the Workplace Relations Commission where appropriate depending on the circumstances of the case.

Residency Permits

Ceisteanna (73, 81)

Bernard Durkan

Ceist:

73. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied); and if he will make a statement on the matter. [21303/19]

Bernard Durkan

Ceist:

81. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21302/19]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 73 and 81 together.

I am advised by the Irish Naturalisation and Immigration Service that, in response to a notification under Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.

These representations, together with all other information and documentation on file, will be fully considered, under section 3(6) of the Immigration Act 1999 (as amended) and all other applicable legislation, 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.

Garda Overtime

Ceisteanna (74)

Fergus O'Dowd

Ceist:

74. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if the Garda overtime budget has been cut; if so, the areas of operation affected; if such overtime cuts apply to the Louth Garda division; and if he will make a statement on the matter. [21226/19]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including the Garda overtime budget. Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no direct role in these matters.

I have asked the Garda Commissioner for the information requested and when it is received I will write directly to the Deputy.

Prison Service Staff

Ceisteanna (75)

Clare Daly

Ceist:

75. Deputy Clare Daly asked the Minister for Justice and Equality his plans to improve the wages and conditions of nursing staff in prisons; if he will address the anomaly in which they have not benefitted from recent improvements awarded to general nursing staff; and if he will make a statement on the matter. [21246/19]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Prison Service that it employs 133 nursing grades and a further 13 nurse managers.

Like all civil and public servants, the terms and conditions of nurses in the Irish Prison Service, including that of remuneration, is a matter of Public Service pay policy, which is overseen by the Department of Public Expenditure and Reform.

I am advised that the provisions of the Public Service Stability Agreement 2018 – 2020 apply to those unions who have confirmed in writing to the Workplace Relations Commission that they agree to be bound by the terms of the agreement and that this includes the Irish Prison Officers Association. The Public Service Pay and Pensions Act 2017 provides for a range of benefits for those public servants who have accepted and comply with the terms of the PSSA including accelerated and more advantageous phased series of pay increases up to October 2020 as part of the unwinding of FEMPI legislation. Nursing grades within the Irish Prison Service are encompassed within the PSSA and the Public Service Pay and Pensions Act. The parties to the PSSA also agree (under clause 8.3) that “there will be no cost-increasing claims for improvements in pay or conditions of employment by trade unions, Garda and Defence Force associations, or employees during the period of the Agreement.”

Judicial Appointments

Ceisteanna (76)

James Browne

Ceist:

76. Deputy James Browne asked the Minister for Justice and Equality his plans to increase the number of justices to alleviate the lengthy delays in the High Court between a criminal case being ready for trial and the first available trial date; and if he will make a statement on the matter. [21287/19]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that the President of the High Court keeps waiting times in the Central Criminal Court under ongoing review. The Courts Service works with the President and the judiciary to improve waiting times and, where specific issues are identified, resources are targeted at areas of greatest need. I understand that the President of the High Court has been assigning an additional High Court Judge to the Central Criminal Court, where possible, bringing the number of judges assigned to the Central Criminal Court to 6.

The Courts Service has further advised that waiting times for trials in the Central Criminal Court at present are at 12 months, which is in line with recent years.

Central Criminal Court

Year	Waiting Times
2019	12 months
2018	11 months
2017	12 months
2016	13 months
2015	13-14 months

The Courts Service has informed me that the 6th Central Criminal Court has been sitting in venues in Munster (mainly Cork) since October 2018 and this will continue for the foreseeable future. Trials have also been scheduled for Limerick in July, October, and December 2019. This elicits significant savings for An Garda Síochána and for the Irish Prison Service, as well as making matters easier for victims, witnesses and their families.

The Deputy will also be aware that judicial appointments are made by the President acting on the advice of the Government in accordance with articles 13.9 and 35.1 of the Constitution.

There is currently provision in legislation, most recently changed by Section 1 of the Courts Act, 2015, for 1 President of the High Court and 39 Ordinary Judges of the High Court. The Government endeavours to ensure that judicial vacancies across the courts are filled in a timely manner. Currently, there are no such vacancies in the High Court.

Deportation Orders Re-examination

Ceisteanna (77)

Bernard Durkan

Ceist:

77. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21293/19]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 13 January 2009.

Representations have been received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended).

This request will be considered as soon as possible. A decision will then be made to either "affirm" or "revoke" the existing deportation order. This decision will be communicated in writing. In the meantime, the deportation order remains valid and in place.

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.

Residency Permits

Ceisteanna (78)

Bernard Durkan

Ceist:

78. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21294/19]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware from my previous response on 28th February last that the Irish Naturalisation and Immigration Service (INIS) of my Department wrote to the person concerned on 25th February, 2019, seeking further information and documentary evidence in respect of a request for permission to remain in the State.

I understand that the information and documentation remains outstanding. However, it remains open to the person concerned to address the issues raised by INIS and the matter will be given detailed consideration upon receipt of a response from the individual concerned.

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.

Naturalisation Applications

Ceisteanna (79)

Bernard Durkan

Ceist:

79. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to achieve naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [21295/19]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation on behalf of the person referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Where sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods, the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have 5 years residence in the State.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Naturalisation Applications

Ceisteanna (80)

Bernard Durkan

Ceist:

80. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status in the case of a person (details supplied); and if he will make a statement on the matter. [21296/19]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.