Written Answers Nos. 98-122
98. Deputy Jack Chambers asked the Taoiseach and Minister for Defence further to Parliamentary Question No. 117 of 1 October 2019, the reason the terms of paragraph 31(1) of Defence Forces Regulation R5 have not been utilised to promote RDF officers commissioned after 1 October 2005 to the rank of captain or the Naval Service equivalent or above; and if he will make a statement on the matter. [41400/19]
Amharc ar fhreagraDefence Force Regulation R5 (New Series) is the governing Regulation for the Reserve Defence Force and Paragraph 31 thereof governs promotions within the Army Reserve and Naval Service Reserve.
Following the reorganisation in 2012 and the consolidation of Reserve Units throughout the country, there was a surplus of officers at all ranks except for Lieutenant Colonel. The current strength of some ranks in the Army Reserve and Naval Service Reserve, as compared to the Establishment, show that the surplus no longer exists.
The Regulation is in the process of being reviewed by the civil and military sides of the Department. In the course of this review, consideration will be given to the construct of the promotion provisions contained in Paragraph 31. As pointed out in the above mentioned Parliamentary Question, the revision of DFR R5 will include criteria for the promotion of any officer in the RDF.
99. Deputy Shane Cassells asked the Taoiseach and Minister for Defence the number, date of publication and details of post enactment reports published by his Department since March 2011, in tabular form; and if he will make a statement on the matter. [41562/19]
Amharc ar fhreagraThere have been no post-enactment reports published by my Department since March 2011.
In general, legislation emanating from the Department of Defence is focused on the Defence Forces and does not apply to the ordinary citizen or the business community.
100. Deputy Shane Cassells asked the Taoiseach and Minister for Defence the number of acts passed since March 2011 that his Department is responsible for; the date each act was signed into law; and if he will make a statement on the matter. [41578/19]
Amharc ar fhreagraThe information requested by the Deputy is as follows:
|
Act |
Date signed into law by the President |
|
Defence (Amendment) Act 2011 |
26 July 2011 |
|
Civil Defence Act 2012 |
26 December 2012 |
|
Defence Forces (Second World War Amnesty and Immunity) Act 2013 |
14 May 2013 |
|
Defence (Amendment) Act 2015 |
22 July 2015 |
101. Deputy Shane Cassells asked the Tánaiste and Minister for Foreign Affairs and Trade the number, date of publication and details of post enactment reports published by his Department since March 2011, in tabular form; and if he will make a statement on the matter. [41566/19]
Amharc ar fhreagra102. Deputy Shane Cassells asked the Tánaiste and Minister for Foreign Affairs and Trade the number of acts passed since March 2011 that his Department is responsible for; the date each act was signed into law; and if he will make a statement on the matter. [41582/19]
Amharc ar fhreagraI propose to take Questions Nos. 101 and 102 together.
Since 2011 my Department has sponsored six items of legislation, as set out in the table below.
Post-enactment scrutiny was adopted for the duration of the 31st Dáil through Standing Order 141A, effective from 5 November 2013, and was adopted by Standing Order 164A for the 32nd Dáil. In that light, the requirement to report does not apply to the first three pieces of legislation listed as they pre-date the requirement.
The post enactment reports made under Standing Order 164A for my Department are as follows:
- Diplomatic Relations (Miscellaneous Provisions) Act 2017 was laid with the Oireachtas Library on 13 December 2018.
- Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Act 2017 was laid on 29 March 2019.
My Department will comply with future review requirements on each piece of legislation when they fall due. This includes the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019.
|
Name of Act |
Year Enacted |
|
Biological Weapons Act |
2011-10 July |
|
European Communities (Amendment) Act |
2012- 3 July |
|
Thirtieth Amendment of the Constitution Bill (Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) Act |
2012-27 June |
|
Diplomatic Relations (Miscellaneous Provisions) Act |
2017-13 December |
|
Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Act |
2017-21 December |
|
The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 - 'the Brexit Omnibus Act'. |
2019-17 March |
103. Deputy Sean Sherlock asked the Minister for Finance the categories of flat rate tax expense for workers which the Revenue Commissioners propose to abolish from the beginning of 2020; the anticipated increase in tax revenue arising out of the abolition or substantial reduction of flat rate tax expenses for workers; and if he has discussed this matter with the Revenue Commissioners in view of the fact it involves an effective pay cut for the workers concerned and a prioritisation of the measure by the Revenue Commissioners ahead of other reforms of aspects of the tax code which affect higher earners. [41460/19]
Amharc ar fhreagraThe flat-rate expenses (FRE) allowance regime is a concessionary practice operated by Revenue, where both specific commonality of expenditure exists across an employment category and the statutory requirement for the tax deduction as set out in section 114 of the Taxes Consolidation Act (TCA) 1997 is satisfied. To qualify for tax relief under that section, any travelling expenses must be necessarily incurred, and any other employment-related expenses must be wholly, exclusively and necessarily incurred, in the performance of the duties of the relevant employment and must not be reimbursed by the employer. The FRE regime eases the administrative burden on Revenue and on employees in certain sectors by facilitating the automatic granting of a fixed tax allowance to cover allowable employment-related expenses, without the need for annual claims by every employee concerned. It is important to note, however, that the regime does not preclude any employee from making an individual claim for a tax allowance in respect of employment-related expenses, where those expenses meet the statutory requirement for such an allowance. Therefore, while certain employees may no longer claim a deduction on a universal “flat rate” basis, they may still be able to still claim a deduction on a specific “vouched basis”.
I am aware that over the past 18 months, Revenue has been conducting a comprehensive review of the FRE regime. Revenue has advised me that the purpose of the FRE review, which involved engagement with relevant representative bodies, is to ensure that the expenses granted to each employment category remain justified and appropriate to modern day employments and work practices. Each category of FRE allowance is being examined separately in the light of the legislative requirements. The review will result in increases and decreases in several FRE categories and the withdrawal of the right to avail of an FRE allowance in some categories. An FRE allowance can only be retained to the extent that there is a legislative basis to support the right to tax deductibility in respect of the expense.
Revenue advise me that its review is now nearing conclusion. As previously advised, the implementation date for all changes to the FRE regime will be 1 January 2020 to make sure that employees in any one sector are not impacted on earlier than employees of another sector. Revenue will be publishing a comprehensive list of all FRE allowances for 2020 in advance of the implementation date. It is not appropriate, in advance of the finalisation of the review and the publication of the list, to indicate the employment categories which will be subject to increases or decreases in the FRE allowance amount or which no longer meet the legislative basis for deductibility.
I am also advised by Revenue that it is not possible to accurately quantify the anticipated increase in tax revenue arising out of any abolition or reduction of FRE allowances, as the cost of such allowances vary depending on the particular circumstances of the individual recipients, for example, the extent of their income subject to tax and whether income is subject to tax at the standard or marginal rate. Moreover, a breakdown of the cost and numbers by reference to each employment category in which the FRE regime currently operates is not readily available.
Finally, on the question of whether I have discussed the FRE review with Revenue, I can confirm that I am aware of Revenue’s programme of work in this area and I understand that the purpose of the review is to ensure that the expenses granted to each employment category remain justified and appropriate to modern day employments and work practices. As the Deputy will be aware, the administration of the tax code is exclusively a matter for Revenue who are independent in the performance of their functions. Any changes in practice to the flat rate expenses regime are therefore a matter for Revenue, but I understand that any withdrawal of the practice can only take place if Revenue are satisfied that there is no longer a legally valid basis to give the concession, after engagement with the relevant representative body acting on behalf of the various categories of workers.
Having said this, I expect that Revenue as they have demonstrated on many occasions will implement the outcome of their review in their customary proportionate and fair manner fully cognisant of the impact on the individuals concerned.
104. Deputy Fiona O'Loughlin asked the Minister for Finance the number of help-to-buy grant approvals on a monthly basis since the scheme was launched; the number of drawdowns in this regard since the scheme was introduced; and if he will make a statement on the matter. [41434/19]
Amharc ar fhreagraThe Help To Buy tax incentive (HTB), announced in Budget 2017 and backdated to 19 July 2016, is designed to assist first-time buyers with the deposit required to purchase or self-build a new house or apartment to live in as their home.
HTB has a two main stages: the application stage and the claim stage. Compliant taxpayers who complete a HTB application are provided with an application number and a summary of the maximum relief available to them under the incentive. A mortgage provider, broker, qualifying contractor or solicitor can use this summary to verify the relief available to the applicant, for the purposes of mortgage approval or drawdown, or signing a house purchase contract. Revenue advise me that, to end September 2019 (the most recent month for which data are available), they have received 32,885 HTB applications.
An application will progress to the claim stage where the applicant decides to purchase a property that is eligible for the scheme. Many applications may never progress to the claim stage because the applicant does not purchase a property or purchases a property not eligible for the scheme. Revenue advise me that, to end September 2019, some 15,357 HTB claims have been made.
Claims made cannot be approved and paid until the qualifying contractor, or the solicitor acting on behalf of self-builder, has verified the claim. Claims are approved by Revenue in the vast majority of cases but at any given time there will be a number of pending claims awaiting approval. Revenue advise me that a total of 14,571 claims have been approved under the HTB scheme up to end September 2019.
The Deputy has requested a monthly breakdown of the number of HTB approvals since the scheme was launched, and the number of drawdowns in this regard. The following table outlines the number of HTB claims approved on a monthly basis since the scheme was introduced in 2017, up to end September 2019 (the most recent month for which data are available).
|
Month/Year |
Claims Approved |
|
Sept 2019 |
616 |
|
Aug 2019 |
660 |
|
Jul 2019 |
628 |
|
Jun 2019 |
581 |
|
May 2019 |
574 |
|
Apr 2019 |
469 |
|
Mar 2019 |
562 |
|
Feb 2019 |
374 |
|
Jan 2019 |
317 |
|
Dec 2018 |
371 |
|
Nov 2018 |
519 |
|
Oct 2018 |
419 |
|
Sep 2018 |
687 |
|
Aug 2018 |
136 |
|
Jul 2018 |
438 |
|
Jun 2018 |
440 |
|
May 2018 |
427 |
|
Apr 2018 |
430 |
|
Mar 2018 |
394 |
|
Feb 2018 |
369 |
|
Jan 2018 |
336 |
|
Dec 2017 |
442 |
|
Nov 2017 |
520 |
|
Oct 2017 |
431 |
|
Sept 2017 |
453 |
|
Aug 2017 |
469 |
|
Jul 2017 |
599 |
|
Jun 2017 |
448 |
|
May 2017 |
525 |
|
Apr 2017 |
423 |
|
Mar 2017* |
534 |
*This figure represents all claims approved in respect of the period 19 July 2016- March 2017.
Section 477C of the Taxes Consolidation Act of 1997, which provides for the Help To Buy incentive, currently includes a sunset clause of 31 December 2019. In my Budget 2020 speech on Tuesday, I announced that I intend to amend the legislation to provide for an extension of HTB, in its present form, for a further two-year period up to 31 December 2021. This extension aligns with the timeline envisaged for building more homes in Rebuilding Ireland.
105. Deputy Fiona O'Loughlin asked the Minister for Finance the plans to continue the help-to-buy scheme following its planned finish date at the end of 2019; and if he will make a statement on the matter. [41435/19]
Amharc ar fhreagraThe Deputy correctly suggests that the measure, which is provided for in Section 477C of the Taxes Consolidation Act of 1997, currently includes a sunset clause of 31 December 2019.
In my Budget 2020 speech on Tuesday, I announced that I intend to amend the legislation to provide for an extension of the Help To Buy scheme, in its present form, for a further two-year period up to 31 December 2021. This extension aligns with the timeline envisaged for building more homes in Rebuilding Ireland.
106. Deputy Róisín Shortall asked the Minister for Finance the steps he had taken to address the spiralling costs of insurance for the leisure industry; the timeline for the measures that will take effect and address the issue; and the steps a leisure business should take in the meantime to avoid going out of business. [41482/19]
Amharc ar fhreagra107. Deputy Róisín Shortall asked the Minister for Finance if he has conducted an analysis to determine the full impact of spiralling insurance costs on the leisure industry and on the communities that depend on those industries for employment; and the details of the analysis by county. [41483/19]
Amharc ar fhreagraI propose to take Questions Nos. 106 and 107 together.
I am aware of the issues facing many businesses in the leisure sector when it comes to the affordability and availability of insurance. Unfortunately, neither I, nor the Central Bank of Ireland, have any influence over the pricing of insurance products, and neither can we compel any insurer operating in the Irish market to provide cover to the leisure sector as this is a commercial matter for insurers. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. Consequently, the Government cannot direct insurance companies to cover certain types of risk, such as those in the leisure sector. A further constraint is the fact that for constitutional reasons, I cannot direct the courts as to the award levels that should be applied.
Notwithstanding the above, I wish to re-emphasise however that this issue remains a priority for the Government. The Cost of Insurance Working Group (CIWG), which was established in July 2016, and has produced two reports, is continuing to work to implement the recommendations of the Cost of Motor Insurance Report and the Cost of Employer and Public Liability Insurance Report . The latter report in particular makes it clear the impact that the cost of insurance is having on the leisure and other sectors and this position has been reinforced by Minister of State D’Arcy’s continuing engagement with the sector. Therefore, there is a clear understanding of the impact of this problem on the leisure sector and there is a recognition that the single most essential challenge which must be addressed if we are to overcome it is a sustainable reduction in insurance costs.
In this regard, the establishment of the Personal Injuries Commission and the publication of its two reports, which included a benchmarking of award levels between Ireland and other jurisdictions for the first time has been very helpful in identifying the scale of the problem that is faced. This research showed that award levels for soft tissue injuries in Ireland were 4.4 times higher than in England and Wales. The PIC recommended that a Judicial Council be established and that it should compile guidelines for appropriate general damages for various types of personal injury. In carrying out this exercise, the PIC believes that the Judiciary will take account of the jurisprudence of the Court of Appeal, the results of its benchmarking exercise, etc.
As the Deputy is aware, the Government with the support of all parties in the Oireachtas prioritised the passing of the Judicial Council Act. This Act provides for the establishment of a Personal Injuries Guidelines Committee upon the formal establishment of the Judicial Council. This Committee is tasked with introducing new guidelines to replace the Book of Quantum. While the Government cannot interfere in their deliberations, I would hope that the Judiciary will recognise the importance of this issue and prioritise it accordingly.
Other steps take to date to address the spiralling cost of insurance include the following:
- The establishment of the National Claims Information Database in the Central Bank to increase transparency around the future cost of private motor insurance. The CBI is due to make its first report by the end of 2019, and will make recommendations to me regarding potentially expanding its scope to include employer and public liability insurance;
- Reforms to the Personal Injuries Assessment Board through the Personal Injuries Assessment Board (Amendment) Act 2019 to strengthen the powers of PIAB around compliance with its procedures;
- Commencement of the amendments to Sections 8 and 14 of the Civil Liability and Courts Act 2004 to align the timeframes by which claims should be notified to businesses with GDPR time limits on the keeping of CCTV footage to make it easier for businesses and insurers to challenge cases where fraud or exaggeration is suspected;
- The reform of the Insurance Compensation Fund to provide certainty to policyholders and insurers, resulting from the failure of Setanta Insurance;
- Various reforms of how fraud is reported to and dealt with by An Garda Síochána, including increased co-ordination with the insurance industry, as well as the recent decision by the Garda Commissioner to develop a divisional focus on insurance fraud which will be guided by the Garda National Economic Crime Bureau (GNECB) which will also train Gardaí all over the country on investigating insurance fraud, and the recent success under Operation Coatee, which targets insurance-related criminality, and;
- The commencement and prioritisation by the Law Reform Commission (LRC) of its work to undertake a detailed analysis of the possibility of developing constitutionally sound legislation to delimit or cap the amounts of damages which a court may award in respect of some or all categories of personal injuries, as part of its Fifth Programme of Law Reform;
I believe that these reforms are having a significant impact with regard to private motor insurance (CSO figures from August 2019 show that the price of motor insurance is now 24% lower than the July 2016 peak). The Government is determined to continue working to ensure that these positive pricing trends can be extended to other forms of insurance, particularly those relevant to businesses.
In conclusion, I would like to assure the Deputy that important reforms are taking place and that I am confident that if the level of awards are reduced as a result of the Personal Injuries Guidelines Committee, then the insurance premium and coverage issues that are being experienced by the leisure, sports and tourism sectors and many businesses more generally should recede.
108. Deputy John Deasy asked the Minister for Finance the status of the operation of the Ireland Strategic Investment Fund; the way in which refocus of same in February 2019 on regional development has worked to date in terms of geographical spread; the amount left in the fund; and the length of time it will remain open to applications. [41489/19]
Amharc ar fhreagraThe Ireland Strategic Investment Fund (ISIF) publishes biannual reporting which contains an update on the status of the operation of the ISIF, including economic impact reporting. The latest report (available at https://isif.ie/uploads/publications/ISIF-H1-2019FY-2018.pdf) sets out an overview of ISIF as at 30 June 2019 and the regional spread of ISIF's investments as at 31 December 2018.
The regional breakdown which is geographically balanced, broadly in line with regional economic activity, is set out in the following table.
|
- |
Jobs |
Capital Deployed |
GVA |
|
Dublin |
45% |
55% |
44% |
|
Excluding Dublin |
55% |
45% |
56% |
In early 2019, the ISIF announced its refocused investment strategy, which is based on 5 priority themes, one of which is to prioritise investments which support regional development. I am informed by ISIF that, during 2019, a number of investments have been completed which are entirely consistent with the regional theme. These include:
- Development Finance for a new Aviation Hangar at Shannon Airport;
- Quadrant Real Estate, a fund supporting Commercial Real Estate development in Cork;
- Development Finance for the Abbey Quarter urban regeneration and repurposing project in Kilkenny;
- Direct investments in indigenous businesses in regional locations – namely ATA in Cavan, Green Isle Brands in Sligo and West Cork Distillery in Skibbereen;
- Beechbrook, a Cork based SME fund with a mandate to focus its activities on businesses based in regional locations; and
- Housing Infrastructure Services Company – a commercial joint venture with Cork County Council for the provision of enabling infrastructure for housing development.
ISIF advises that investment in these projects and businesses totals €117m.
ISIF has also informed me that it has a planned programme of regional engagements. In fact, market engagement events have already taken place in Sligo and Cork in 2019. Further events and engagement are planned for the remainder of 2019 and the first half of 2020.
As at 30 June 2019, I am advised that the Discretionary Portfolio was valued at €9.5bn, of which €1.5bn was allocated to a Pre-Rainy Day Fund, €2.8bn was committed to the Irish Portfolio and €5.2bn in the Global Portfolio remains available for investments in Ireland.
ISIF has a long-term timeframe for applications.
109. Deputy Bernard J. Durkan asked the Minister for Finance if residential property tax can be refunded in the case of a person (details supplied); and if he will make a statement on the matter. [41543/19]
Amharc ar fhreagraThe Finance (Local Property Tax) Act 2012 (as amended) specifies that a ‘residential property’ is defined for LPT purposes as ‘any building or structure which is in use as, or is suitable for use as, a dwelling’. The Act also provides that residential property owners are obliged to file LPT returns based on their assessment of the market value of the property on the ‘liability date’ (1 May 2013) or advise Revenue if the property is not liable to LPT.
I am advised by Revenue that the person in question has not filed a statutory LPT return in respect of the property referred to by the Deputy. He has also failed to engage with Revenue on the issue and has not provided any documentary evidence confirming that his property is not liable to LPT. For these reasons it is not possible for Revenue to determine if the person is due any refund of LPT.
If the person feels that his property is not liable to LPT he should contact Revenue at 01 7383626 so that the matter can be clarified.
110. Deputy Shane Cassells asked the Minister for Finance the number, date of publication and details of post enactment reports published by his Department since March 2011, in tabular form; and if he will make a statement on the matter. [41565/19]
Amharc ar fhreagraStanding Order 164A of Dáil Eireann Standing Orders 2016 and Standing Order 168 of Seanad Eireann Standing Orders 2017 provide that "twelve months following the enactment of a Bill, save in the case of the Finance Bill and the Appropriation Bill, the member of the Government or Minister of State who is officially responsible for implementation of the Act shall provide a report which shall review the functioning if the Act and which shall be laid in the Parliamentary library."
I can advise the Deputy that between March 2011 and 7 October 2019, seventeen post enactment scrutiny reports ("PESRs ") were prepared by my Department and laid in the Parliamentary library. The list of the PESRs duly laid are available at the following link:
List of Acts sponsored by Minister for Finance and PESRs laid
111. Deputy Shane Cassells asked the Minister for Finance the number of acts passed since March 2011 that his Department is responsible for; the date each act was signed into law; and if he will make a statement on the matter. [41581/19]
Amharc ar fhreagraThe document provided at the following link sets out in tabular form the legislation passed between March 2011 and 7 October 2019 for which I, as Minister for Finance, sponsored and for which my Department - the Department of Finance - is responsible for.
The Deputy might note that the Central Bank and Financial Services Authority of Ireland (Amendment) Act 2017 enacted on 25 July 2017 has not been included as although it relates to an area of legislation for which the Department of Finance has responsibility, it was a Private Members' Bill.
The Deputy might also note that the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 enacted on 17 March 2019 has not been included in the schedule as although the Department of Finance was responsible for certain aspects of the legislation, the Department was not responsible for that Act overall.
List of Acts sponsored by Minister for Finance March 2011 to October 2019
112. Deputy John Deasy asked the Minister for Public Expenditure and Reform the position with regard to the Office of Public Works ownership and plans for a site at Shandon, Dungarvan, County Waterford, which had been earmarked for decentralisation a decade ago. [41488/19]
Amharc ar fhreagraThe Commissioners of Public Works have advised me that they are in the process of transferring the site at Shandon, Dungarvan, County Waterford to Waterford City and County Council. The transfer is in accordance with Department of Public Expenditure and Reform Circular 11/2015: Protocols for the Transfer and Sharing of State Property Assets.
113. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the funding stream that OPW used in order to get aspects of Dublin post-Brexit ready; the amount of funding available for the works; if public procurement rules were fully complied with in order to appoint a contractor for the works; the reason that public procurement rules were not followed by the OPW in appointing a contractor for the works at Dublin Port; the amount spent on OPW projects at Dublin Port in 2017, 2018 and to date in 2019; and if he will make a statement on the matter. [41468/19]
Amharc ar fhreagraIn the lead up to the end of March and mid-April Brexit deadlines, arrangements were finalised to ensure that sufficient infrastructure was in place in Dublin Port to provide an emergency response to a no-deal Brexit. Since then work has continued to further enhance these facilities.
The OPW is to be funded on an agency basis for works related to a no-deal Brexit. The OPW made no payments in 2017 or 2018 on Brexit related activity in Dublin Port. Payments of €9.95 million have been made to date in 2019 on capital works within Dublin Port spread across 7 projects. Funding is to be made available for additional infrastructure for Government Bodies as it is required.
In order to respond to the emergency scenario, the OPW used a contractor with whom an existing, appropriate schedule of costs had been agreed, established through an EU procurement process.
114. Deputy Tom Neville asked the Minister for Public Expenditure and Reform when the necessary works will be carried out on a river (details supplied); and if he will make a statement on the matter. [41500/19]
Amharc ar fhreagraThe River Deel flows through the town of Rathkeale and forms part of the Deel Catchment Drainage Scheme, which is under the auspices of the Office of Public Works.
Vegetation maintenance (along the riverbank) planned for the River Deel, adjacent to the Orchard Avenue Estate in Rathkeale is due to commence shortly.
In-stream works on the River Deel are scheduled for 2020, as part of the OPW's maintenance programme. These works will be informed by an environmental assessment, associated approval and consultations. Any works will only be permitted outside of the fish spawning season, between the 1st of May to the 31st of September inclusive.
The environmental assessment is important as marginal vegetation such as scrub and rushes can provide valuable habitat for a variety of species.
115. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform the number, date of publication and details of post enactment reports published by his Department since March 2011, in tabular form; and if he will make a statement on the matter. [41570/19]
Amharc ar fhreagra116. Deputy Shane Cassells asked the Minister for Public Expenditure and Reform the number of acts passed since March 2011 that his Department is responsible for; the date each act was signed into law; and if he will make a statement on the matter. [41586/19]
Amharc ar fhreagraI propose to take Questions Nos. 115 and 116 together.
The information requested by the Deputy on the Acts passed since 2011 and the dates of enactment is set out in the following table.
|
Name of Act |
Date of Enactment |
|
Data Sharing and Governance Act 2019 |
4 March 2019 |
|
Houses of the Oireachtas Commission (Amendment) Act 2018 |
27 December 2018 |
|
Public Service Superannuation (Age of Retirement) Act 2018 |
26 December 2018 |
|
Appropriation Act 2018 |
20 December 2018 |
|
Appropriation Act 2017 |
18 December 2017 |
|
Public Service Pay and Pensions Act 2017 |
16 December 2017 |
|
National Shared Services Office Act 2017 |
26 July 2017 |
|
Ministers and Secretaries Act 2017 |
19 July 2017 |
|
Statute Law Revision Act 2016 |
26 December 2016 |
|
Appropriation Act 2016 |
20 December 2016 |
|
Financial Emergency Measures in the Public Interest Act 2015 |
27 November 2015 |
|
Houses of the Oireachtas Commission (Amendment) Act 2015 |
24 December 2015 |
|
Appropriation Act 2015 |
16 December 2015 |
|
Houses of the Oireachtas (Appointments of Certain Officers) Act 2015 |
15 October 2015 |
|
Statute Law Revision Act 2015 |
18 July 2015 |
|
Valuation (Amendment) Act 2015 |
23 April 2015 |
|
Regulation of Lobbying Act 2015 |
11 March 2015 |
|
Appropriation Act 2014 |
19 December 2014 |
|
Freedom of Information Act 2014 |
14 October 2014 |
|
Protected Disclosures Act 2014 |
8 July 2014 |
|
Oireachtas (Ministerial and Parliamentary Officer) (Amendment) Act 2014 |
12 April 2014 |
|
Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 |
24 December 2013 |
|
Appropriation Act 2013 |
20 December 2013 |
|
Construction Contracts Act 2013 |
29 July 2013 |
|
Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 |
24 July 2013 |
|
Ministers and Secretaries Act 2013 |
23 July 2013 |
|
Financial Emergency Measures in the Public Interest Act 2013 |
5 June 2013 |
|
National Lottery Act 2013 |
14 May 2013 |
|
Houses of the Oireachtas (Amendment) (No.2) Act 2012 |
26 December 2012 |
|
Appropriation Act 2012 |
21 December 2012 |
|
Ombudsman (Amendment) Act 2012 |
31 October 2012 |
|
Public Service Pensions (Single Scheme and other provisions) Act 2012 |
28 July 2012 |
|
Statute Law Revision Act 2012 |
2 July 2012 |
|
Financial Emergency Measures in the Public Interest Act 2011 |
19 December 2011 |
|
Appropriation Act 2011 |
19 December 2011 |
|
Ministers and Secretaries Act 2011 |
4 July 2011 |
The position in terms of post enactment reports varies according to the nature of the legislation in question. For example:
- The Appropriation Act is an annual Act required to provide authorisation in law for all the expenditure that has been undertaken in a given year on the basis of the Estimates and to provide legal basis for spending to continue in the year following;
- The FEMPI legislation makes provision for the Minister to submit annual reports by the end of June each year on the findings of a review of the operation, effectiveness and impact of the legislation and reports have been submitted to the Oireachtas from 2010 to 2019;
- The Statute Law Revision Acts 2012-2016 were commenced in full on enactment and their sole purpose was to repeal archaic pre-independence legislation. As such, there is nothing to review, as the Acts do not “operate” in a meaningful sense. Their entire purpose of repealing other legislation was fulfilled on the day of enactment;
- The Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 was commenced in full on 25th September 2013. The Oireachtas has reviewed the Act by way of Volume II of the Report of the Banking Inquiry;
- The Protected Disclosures Act 2014 was commenced in full on 15th July 2014 and, as mandated by Section 2, the first statutory review of the Act’s operation has been published and can be accessed at the following link: https://www.per.gov.ie/wp-content/uploads/Statutory-Review-of-the-Protected-Disclosures-Act-2014.pdf; and
- The Regulation of Lobbying Act 2015 provided that the Minister would commence a review of the operation of the Act 12 months after enactment, and make a report to each House of the Oireachtas. The first review of the Act was submitted to the Oireachtas and published in April 2017, further details are available at the following link: http://www.per.gov.ie/en/regulation-of-lobbying.
117. Deputy Catherine Martin asked the Minister for Education and Skills if his attention has been drawn to the fact that the ETBI has installed car parking barriers at the entrance to its car parking facility at a school (details supplied); and if he will make a statement on the matter. [41446/19]
Amharc ar fhreagra126. Deputy Catherine Martin asked the Minister for Education and Skills if his attention has been drawn to the fact that a school (details supplied) has reportedly never been issued with a lease from his Department in the ten years the school has been operational on a campus which in turn has resulted in the interests of the school and its school children having little effective input to advocate about the serious school traffic safety issues arising within the campus; and if he will make a statement on the matter. [41443/19]
Amharc ar fhreagraI propose to take Questions Nos. 117 and 126 together.
The school referred to by the Deputy is not in my ownership and queries in relation to leasing arrangements should be referred to the landowner. My Department is aware that the landowner is working with the schools on the campus and the local authority to devise a traffic management plan. Queries in respect of traffic management should be referred to landowner.
118. Deputy Eoin Ó Broin asked the Minister for Education and Skills the reason the rental cost remittance for the board of management of a school (details supplied) was not paid in July, August and September 2019; when the remittance will be paid; and if it will be ensured that future remittances from October 2019 will be paid on time. [41397/19]
Amharc ar fhreagraI can confirm to the Deputy that my Department has received a request for payment from the school in question.
I wish to advise the Deputy that my Department is committed to paying invoices on rental contracts on a biannual basis. At the initiation of the rental approval, my Department, advises the school authority that the first payment covers the period January to June and the second payment covers the period July to December. The exact timing of these payments is not pre-defined. For example, for the period July to December, payments may be made at any date between 1st June and 31st December.
Officials from my Department will liaise with the school authority as soon as the process has been completed.
119. Deputy Fiona O'Loughlin asked the Minister for Education and Skills his plans to increase ASD units for primary schools in south County Kildare for the school year 2020-2021; and if he will make a statement on the matter. [41427/19]
Amharc ar fhreagra120. Deputy Fiona O'Loughlin asked the Minister for Education and Skills his plans to increase ASD units for secondary schools in south County Kildare for the school year 2020-2021; and if he will make a statement on the matter. [41428/19]
Amharc ar fhreagraI propose to take Questions Nos. 119 and 120 together.
The National Council for Special Education (NCSE) has a statutory function to plan and co-ordinate the provision of education and support services to children with special educational needs.
This includes the establishment of special class and special school placements in various geographical areas where the NCSE identifies need.
It is open to any school to make application to the NCSE to establish a class where a need has been identified in their area. My Department is not involved in considering applications from individual schools.
The NCSE have well established structures to ensure that advance planning is in place so that schools in an area can, between them, cater for all children who have been identified as needing special class placements.
In deciding where to establish a special class in an area, the NCSE take account of the current and projected demand and the available school accommodation both current and planned. In this regard, the SENO will also approach individual schools in the area to discuss the matter with a view to finding the optimal location in terms of convenience and sustainability.
The NCSE team of locally based Special Education Needs Organisers (SENOs) are available to assist and advise schools to plan for special class provision and to address issues in provision that may arise from time in time at local levels.
Guidelines for Boards of Management and Principals of Primary and Post Primary schools contain information on setting up and organising special classes, including information on resources which may be provided to schools to establish special classes are available to download from www.ncse.ie.
In Co. Kildare, there are currently 4 special schools and 77 special classes in mainstream schools, including 6 ASD Early Intervention classes, 48 primary ASD classes and 16 ASD post primary ASD classes.
As the Deputy's question relates to the NCSE planning for special class provision in a particular area I have arranged for the question to be forwarded to the NCSE for their attention and direct reply.
121. Deputy Fiona O'Loughlin asked the Minister for Education and Skills if he will examine a matter regarding a child (details supplied) in south County Kildare; and if he will make a statement on the matter. [41429/19]
Amharc ar fhreagraI wish to advise the Deputy that in relation to schools admission, parents can 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. The Deputy will note however that the selection process procedures and enrolment policy are the responsibility of the individual school authorities.
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.
Under Section 29 of the Education Act, 1998 where a board of management make a decision to refuse enrolment, a parent/guardian can appeal that decision to the Secretary General of my Department. Where the appeal involves an Education and Training Board (ETB) school, the appeal must be made to the local ETB in the first instance. Further information on the Section 29 Appeals process is available on my Department's website at the following link:
https://www.education.ie/en/Parents/Services/Appeal-against-Permanent-Exclusion-Suspension-or-Refusal-to-Enrol/.
In addition, the Educational Welfare Service (EWS) of the Child and Family Agency (Tusla) is the legal body which can assist parents who are experiencing difficulty in securing a school placement for their child. The EWS can be contacted at 01-7718815.
My Department currently has no application under the Additional School Accommodation Scheme (ASA) for the Newbridge area. I wish to advise the Deputy that the current status of large-scale projects, including those in County Kildare, being delivered under the school building programme may be viewed on my Department's website, www.education.ie and this information is updated regularly. In addition, a list of large scale projects completed from 2010 to date may also be viewed on the website.
122. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the details of schools in County Kildare that have a compulsory transition year; and if he will make a statement on the matter. [41432/19]
Amharc ar fhreagraThe management authority of each school carries responsibility for making decisions regarding the provision of the Transition Year Programme in their school.
In some schools, the Transition Year programme is compulsory for all students, in other schools Transition Year is offered as an option to students. Circumstances may arise where it is necessary to limit the number of students who can avail of the Transition Year programme in a school and it is the board of management of these schools that decide the number of places available on the programme. In cases where restrictions apply, schools should have clear procedures regarding how places are allocated to students.
In 2018/19, 45,915 students in 670 schools participated in Transition Year. This means over two thirds of all students, as a percentage of the previous third years, participated in Transition Year in approximately 92.8% of schools.
Of the 28 post primary schools in Kildare that registered returns to the Department of Education and Skills, 27 offered Transition Year in the 2018/19 school year.
The National Council for Curriculum and Assessment is currently carrying out a review of Senior Cycle. The Transition Year programme is being considered as part of this review.
