Written Answers Nos. 106-125
106. Deputy John Lahart asked the Minister for Education and Skills the status of the outcome of the tendering process in respect of a school (details supplied); and when it can be anticipated that on-site work will commence. [16345/20]
Amharc ar fhreagraThe tender process for this school building project is running as part of a wider process involving the tender of 8 major projects. The first phase of this tender process to create a shortlist of contractors is now complete.
Stage 2 of the tender process is due to commence. The tender documents for this stage are currently being finalised for tenders to issue. This stage of the tender process will take approximately 3-4 months to complete with the construction of the school expected to commence before the end of this year.
107. Deputy Niamh Smyth asked the Minister for Education and Skills if she will review a case raised by a person (details supplied) and address the issue; and if she will make a statement on the matter. [16362/20]
Amharc ar fhreagraMy Department published details of Summer Provision 2020 – Reconnecting with Education including a home-based programme for children with complex special educational needs.
Parents/Guardians select and engage tutors/SNAs for the provision of the home based programme in a private arrangement which is then funded through the scheme.
The role of Tutors and Special Needs Assistants engaged by Parents under the home based summer programme are separate and distinct and broadly reflect the role of teachers and SNAs in schools. See https://www.education.ie/en/Parents/Services/summerprovision/home-based-guidance-summer-programme.pdf.
It is the responsibility of the parent and tutor/SNA to ensure any necessary insurance arrangements are in place.
108. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if her attention has been drawn to the fact that University of Limerick student accommodation (details supplied) will only refund 50% of accommodation costs paid by parents for students who are now not required to be on campus next semester due to Covid-19; and if she will make a statement on the matter. [16367/20]
Amharc ar fhreagraThe student accommodation referred to by the Deputy is a private student accommodation development, and the refund or cancellation policies should be set out in the license agreement signed at the beginning of license term. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached in regard to a refund.
If this is not possible, under the Residential Tenancies (Amendment) Act 2019 students have access to the Dispute Resolution Services of the Residential Tenancies Board (RTB). It is not within my remit to intervene in private accommodation matters or direct any accommodation provider to offer a refund.
109. Deputy Niamh Smyth asked the Minister for Education and Skills the funding available to a school (details supplied) to deal with an emergency issue in its playground; and if she will make a statement on the matter. [16373/20]
Amharc ar fhreagraIf the school authority considers the works referred to by the Deputy to be a priority, it may use the minor works grant which all primary schools receive to carry out the works in full, or on a phased basis as the grant permits.
Having said the above, it is open to the school to apply for funding for same under my Department's Emergency Works Scheme. It may do so if it believes that the issue in question meets the terms and conditions of that scheme, in particular that if the issue is not corrected it would prevent the school or part thereof from opening.
Information in relation to applications for funding under this scheme, including its terms and conditions, may be found on the Department's website at the following web address: https://www.education.ie/en/Schools-Colleges/Services/Building-Works/Emergency-Works/. Officials in my Department will consider the application on its own merits should such an application be made.
110. Deputy Paul Murphy asked the Minister for Education and Skills if she will reopen the redress scheme for survivors of sexual abuse in schools and require it to act in accordance with the recommendations from a case (details supplied); and if she will make a statement on the matter. [16376/20]
Amharc ar fhreagraThe ex gratia scheme established in the wake of the ECtHR in the Louise O'Keeffe case was set up to deal with a specific cohort – people who had discontinued proceedings in the domestic courts following High Court and Supreme Court judgments.
The review of the ex gratia scheme is ongoing. The issues involved are highly sensitive and complex and require very careful deliberation before proposals can be finalised and brought to Government. It is important to have a more complete awareness of the extent of the problem, the number of people who could potentially be involved and the legal implications of any course of action.
It is expected that the review will be concluded in the coming months.
111. Deputy Joe Flaherty asked the Minister for Education and Skills the guidance that can be provided in the situation pertaining to students who only intended to sit one subject in the leaving certificate 2020 and would not have been in a position to avail of the continuous assessment option (details supplied). [16407/20]
Amharc ar fhreagraA system of Calculated Grades was put in place by my predecessor due to the inability to run the normal Leaving Certificate examinations this year. The purpose of this process is to allow as many students as possible to progress to employment, further education and training, or higher education in a way that is fair and equitable to all Leaving Certificate students.
For the calculated grades system to be operated with integrity, an estimated percentage mark, based on credible, satisfactory evidence, can only be accepted from an appropriate source. This is necessary to ensure fairness to all students.
The Calculated Grades Executive Office in my Department has developed a comprehensive guide to calculated grades for out-of-school learners – those students who are studying entirely outside of school – and has contacted each student individually on 25 June to invite them to apply for calculated grades. The closing date for applications was Thursday 2 July 2020 and applications are now being processed.
Section 4.2 of this guide refers to four routes through which out-of-school learners may be provided with an estimated percentage marks based on credible, satisfactory evidence from an appropriate source. Route 4 provides specifically for students repeating one or more subjects, having initially sat the examinations in 2018 or 2019, who engaged in tuition with a teacher or tutor. In such cases the principal of this school, following collaboration with the tutor, may be satisfied that there is sufficient credible evidence to allow him or her sign off on an estimated percentage mark.
Despite every effort being made by schools and by the Department of Education, to provide calculated grades to as many students as possible, there will be a small number of cases where there is no credible evidence to support a calculated grade in a particular subject. To attempt to give a calculated grade in such cases would be unfair to all other candidates.
Such students will have an opportunity to sit the Leaving Certificate examinations when it is safe to do so.
No decisions have been issued by the Calculated Grades Executive Office in respect of any of students studying independently, to date.
My Department has continued to engage with third level stakeholders regarding the Calculated Grades process for students seeking to progress to Higher Education. This has resulted in an agreed common approach in relation to students who have not been able to obtain calculated grades in one or more subjects. Students who have applied for a calculated grade, with a view to satisfying matriculation/basic minimum entry requirements and for whom the Department has been unable to award a Calculated Grade in the subject(s), will be granted an exemption in the subject(s) solely for matriculation/basic minimum entry purposes. The CGEO will notify the Central Applications Office (CAO) of any student who cannot be provided with calculated grades, and of the subjects involved, and the exemption from matriculation/basic minimum entry will be granted automatically by the CAO. The subject(s) for which exemption is granted will not attract points and the exemption cannot be used to satisfy additional prog
112. Deputy Alan Farrell asked the Minister for Education and Skills the status of the planning application for a school (details supplied); when the planning application will be submitted; and if she will make a statement on the matter. [16434/20]
Amharc ar fhreagraThe building project for the school referred to by the Deputy is being delivered under my Department's Design & Build programme and the project is currently at an advanced stage of Architectural Planning. It is anticipated that the application for planning permission will be lodged shortly.
113. Deputy John McGuinness asked the Minister for Education and Skills if a further six years will be added to the pension entitlements of a person (details supplied) and the matter expedited. [16459/20]
Amharc ar fhreagraThe statutory basis for Ill Health Retirement pension benefits for primary school teachers are contained in S.I. No. 434 of 2009 of the Primary School Teachers Pension Scheme 2009.
Officials from the Pension Unit of my Department have notified the person to whom the Deputy refers that their application for retirement on grounds of permanent ill health has been granted, and that the date of their retirement is the 20th July 2020.
Under the terms and conditions of the Primary School Teachers Pension Scheme, 2009, the amount of added years that may be awarded varies from individual to individual as it is determined based on their level of pensionable service and on the age of the pension scheme member on the date of their retirement on grounds of ill health. These terms and conditions are applied consistently in all cases.
In relation to the person to whom the Deputy refers, the maximum number of years permitted under the terms of the scheme - based on their years of pensionable service and their age at retirement date, which in this case, is three years - has been awarded.
114. Deputy Paul McAuliffe asked the Minister for Employment Affairs and Social Protection the position regarding community employment supervisors and their outstanding claim for a pension scheme. [16329/20]
Amharc ar fhreagraAs the Deputy will be aware, Community Employment (CE) supervisors and assistant supervisors have been seeking for several years, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme.
CE sponsoring authorities are the legal employers of their CE supervisors, CE assistant supervisors and CE participants; the Department’s role continues to be that of CE funder.
The Labour Court recommendation was the subject of an extensive discussion at the Community Sector High-level Forum, chaired by the Department of Public Expenditure and Reform (DPER). A detailed scoping exercise was undertaken in 2017 on the potential costs of providing Exchequer support for the establishment of such a pension scheme for employees across the Community and Voluntary sector in Ireland. The potential cost to the State was estimated at between €188 million and €347 million per annum, depending on the numbers involved.
Officials from my Department met with the unions thereafter to establish a process for related discussions and to agree on the terms of reference. During the meetings that followed, the parties undertook a detailed analysis of a number of potential solutions tabled, mindful of the broader environment in which any solution found would need to operate.
Related discussions also took place between officials from my Department and their counterparts in the Department of Public Expenditure and Reform (DPER).
115. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection her plans for legislation to allow partners of mothers in same sex couples that conceive via IUI or IVF treatment abroad to have their names added to the birth certificate; and if she will make a statement on the matter. [16366/20]
Amharc ar fhreagraUnder the current legislation it is possible for both parties in a same-sex female relationship to be declared parents and, also, to have both of their particulars entered in the register of births as parents of the child.
The provisions in relation to parentage are contained in Part 2 of the Children and Family Relationships Act 2015 (CFRA 2015), which provides for determination of parentage where a child is born as a result of donor-assisted human reproduction (DAHR). These provisions were commenced on 4 May 2020. In the case of DAHR procedures performed after the commencement date, determination of parentage only applies where procedures are carried out within the State.
Legislation governing registration, and re-registration, of births of donor-conceived children are contained in Part 9 of CFRA 2015. These provisions came into operation on 6 October 2019.
Under Part 2 of CFRA 2015, it is not possible for parentage to be assigned to both parties where a DAHR procedure has been performed outside the State after 4 May 2020. The legislation in this area is a matter for the Minister for Health.
116. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the status of her appeal in the Circuit Court regarding directions issued to her by the Data Protection Commissioner; the costs incurred to date in the case; and if she will make a statement on the matter. [16330/20]
Amharc ar fhreagra118. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if she has engaged with the Data Protection Commissioner regarding her investigation of the biometric element of the public services card; if she is disputing and-or contesting aspects of the investigation; if she has engaged legal and-or consultancy firms to assist her in this regard; if so, the costs of same and names of the firms engaged; and if she will make a statement on the matter. [16332/20]
Amharc ar fhreagraI propose to take Questions Nos. 116 and 118 together.
In August 2019, the Data Protection Commission's (DPC) Final report into the Public Services Card (PSC), which examined my Department's compliance with its obligations in relation to legal basis and transparency, was received.
On 6th December 2019, my Department received an Enforcement Notice from the DPC in respect of that August 2019 Report.
An appeal was filed against the Enforcement Notice within the timeframe provided to do so under the Data Protection Act 2018. My Department does not carry legal costs in matters such as this - rather they are carried by the Office of the Attorney General and the Chief State Solicitor’s Office.
As the matter is now before the Courts, it would be inappropriate to make any further comment.
In their August 2019 Report, the DPC stated that they would be submitting a further report to my Department containing provisional findings relating to data security, arithmetic template generation (and associated processing of personal data) for the SAFE registration process and the PSC and in relation to the Department's processing of personal data generated in connection with the use of the free travel variant of the PSC.
The DPC also stated that once it had considered any final submissions from my Department in relation to that report's provisional findings, they would finalise the report on those particular issues.
To date, no provisional report has issued to my Department.
I trust this clarifies the matter for the Deputy.
117. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection the position regarding the SAFE scheme and public services card and the invitation of tenders (details supplied); if she plans to develop use of the card throughout the public sector by multiple agencies; the names of the agencies and public sector bodies that she will give utilisation of the card to; and if she will make a statement on the matter. [16331/20]
Amharc ar fhreagra119. Deputy Catherine Murphy asked the Minister for Employment Affairs and Social Protection if she has engaged with and-or notified the Data Protection Commissioner regarding the invitation for tenders (details supplied) relating to the public services card; if the Commissioner has requested that she defer a tender invitation relating to the public services card and-or SAFE; and if she will make a statement on the matter. [16333/20]
Amharc ar fhreagraI propose to take Questions Nos. 117 and 119 together.
Since 1998, when legislative provision was first made for the Public Services Card (PSC), it was always intended that it would be used widely across the public service to assist people in their dealings with public sector organisations. The list of public bodies that are authorised to use the PSC is set out in Schedule 5 of the Social Welfare Consolidation Act 2005 (as amended).
My Department has received technical advice and support in relation to smart card technology since the beginning of the SAFE/PSC project. As the current contract for this support is due to expire in the coming months, my Department is tendering for a continuation of this service, as it has on a number of occasions since the project commenced.
My Department has not engaged with the Data Protection Commissioner (DPC) with regard to this procurement, as it relates to the ongoing day-to-day operations of the Department, and nor has the DPC made any request to the Department in respect of this procurement exercise.
I trust this clarifies the matter for the Deputy.
120. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection the mechanism by which a community employment scheme employee who has worked a number of years and whose term is now ending can extend his or her time on the scheme in view of the fact that the employee is now over 62 years of age. [16336/20]
Amharc ar fhreagraCommunity Employment (CE) is a positive initiative that enables the long-term unemployed to make a contribution to their communities whilst up-skilling themselves for prospective future employment and gaining valuable work experience. The scheme helps to break the cycle of unemployment and improve a person’s chances of returning to the labour market.
A number of new conditions were introduced on CE in July 2017 to further support progression and broaden access to CE to a wider range of people. Included in these changes was the opportunity for participants over age 62 to participate on a continuous basis up to the State Pension age via the Service Support Stream (SSS), subject to availability of places on the SSS, satisfactory performance by them on the CE scheme and subject to annual approval by the Department.
The CE participant you refer to should apply for a place via the SSS but it should be noted that places allocated for these participants, within each individual CE scheme, are subject to limitation criteria.
121. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the number of persons in receipt of domiciliary care allowance in each county in tabular form. [16348/20]
Amharc ar fhreagraThe information requested by the Deputy in relation to the number of persons in receipt of domiciliary care allowance in each county is detailed in the table below.
Recipients of domiciliary care allowance by county at the end of June 2020
|
County |
Recipients |
|
Carlow |
693 |
|
Cavan |
631 |
|
Clare |
1,029 |
|
Cork |
5,983 |
|
Donegal |
1,374 |
|
Dublin |
10,601 |
|
Galway |
2,014 |
|
Kerry |
1,367 |
|
Kildare |
2,025 |
|
Kilkenny |
770 |
|
Laois |
927 |
|
Leitrim |
246 |
|
Limerick |
2,265 |
|
Longford |
420 |
|
Louth |
1,199 |
|
Mayo |
976 |
|
Meath |
1,803 |
|
Monaghan |
477 |
|
Offaly |
943 |
|
Roscommon |
606 |
|
Sligo |
517 |
|
Tipperary |
1,670 |
|
Waterford |
1,004 |
|
Westmeath |
1,060 |
|
Wexford |
1,540 |
|
Wicklow |
1,298 |
|
Others |
40 |
|
Total |
43,478 |
122. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the number of persons that were awarded the domiciliary care allowance in each county in each of the years 2016 to 2019 and to date in 2020; the number that applied for same; the number deemed ineligible for same; the number that appealed a decision made for same; and the number that had an appeal decision subsequently overturned for same in tabular form. [16349/20]
Amharc ar fhreagraThe information requested (where available) by the Deputy is detailed in the attached tabular statements. The Department is unable to segregate the information in relation to claims that are registered, awarded or rejected for any scheme under it's remit by county or other geographical area.
An Appeals Officer’s decision may be reviewed and revised by an Appeals Officer in accordance with Section 317 of the Social Welfare Consolidation Act 2005 where additional evidence/facts are received that were not before the Appeals Officer when they made their decision or by the Chief Appeals Officer under Section 318 of the Act where grounds are put forward that indicate the Appeals Officer erred in fact and/or law in their decision.
Number of domiciliary care allowance claims registered, awarded and rejected 2016 to 2019 and at the end of June 2020
|
Year |
Claims Registered |
Claims Awarded |
Claims Rejected |
|
2016 |
7,434 |
4,996 |
1,683 |
|
2017 |
8,197 |
6,823 |
2,187 |
|
2018 |
8,609 |
6,317 |
2,225 |
|
2019 |
8,719 |
5,886 |
2,875 |
|
2020 |
3,731 |
2,745 |
1,533 |
The number of domiciliary care allowance claims received by the Social Welfare Appeals Office and the number of initial Appeals Officer's decisions revised 2016 to 2019 and at the end of June 2020
|
Domiciliary Care Allowance appeals |
||
|
Receipts |
Appeals Officer decisions revised |
|
|
2016 |
1,198 |
37 |
|
2017 |
1,199 |
12 |
|
2018 |
1,432 |
35 |
|
2019 |
1,656 |
54 |
|
2020 to end of June |
935 |
67 |
123. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the waiting times for the processing of domiciliary care allowance applications in each county. [16350/20]
Amharc ar fhreagraThe average processing time for new Domiciliary Care Allowance (DCA) applications at 30th June 2020 was under 7 weeks, with 95% of applications processed within 10 weeks. The processing target set for the scheme is to have 90% finalised within 10 weeks and this target is currently exceeded.
My Department does not routinely collate statistical information relating to DCA applications on a county basis. All applications are processed in order of date of receipt regardless of customer location and the processing time would therefore be similar for each county.
I hope this clarifies the matter for the Deputy.
124. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the number of persons awaiting a decision in respect of domiciliary care allowance in each county. [16351/20]
Amharc ar fhreagraAll applications for Domiciliary Care Allowance (DCA) are processed centrally and are dealt with in order of date of receipt. Statistical information on DCA applications is not routinely collated on a county basis; as a result the numbers awaiting a decision in each county is not available.
At the end of June 2020, there were a total of 725 DCA applications awaiting a decision.
I hope this clarifies the matter for the Deputy.
125. Deputy Mary Lou McDonald asked the Minister for Employment Affairs and Social Protection the number of persons awaiting a decision in respect of an appeal for domiciliary care allowance in each county. [16352/20]
Amharc ar fhreagraThe Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The statistics required by the Deputy are set out in the attached table. They reflect all current domiciliary care allowance appeals, whether they are at present with the Social Welfare Appeals Office or with the Department.
I trust this clarifies the matter for the Deputy.
Domiciliary Care Allowance appeals outstanding by county/jurisdiction
|
County |
No. of persons |
|
Carlow |
11 |
|
Cavan |
9 |
|
Clare |
12 |
|
Cork |
104 |
|
Donegal |
17 |
|
Dublin |
139 |
|
Europe |
1 |
|
Galway |
29 |
|
Kerry |
21 |
|
Kildare |
31 |
|
Kilkenny |
6 |
|
Laois |
10 |
|
Leitrim |
3 |
|
Limerick |
30 |
|
Longford |
12 |
|
Louth |
28 |
|
Mayo |
11 |
|
Meath |
23 |
|
Monaghan |
3 |
|
Northern Ireland |
1 |
|
Offaly |
12 |
|
Roscommon |
12 |
|
Sligo |
10 |
|
Tipperary |
15 |
|
Waterford |
14 |
|
Westmeath |
14 |
|
Wexford |
23 |
|
Wicklow |
23 |
|
Total |
624 |
