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Gnáthamharc

Tuesday, 20 Oct 2020

Written Answers Nos. 299-318

Foreign Birth Registration

Ceisteanna (299)

Jennifer Carroll MacNeill

Ceist:

299. Deputy Jennifer Carroll MacNeill asked the Minister for Foreign Affairs when a decision will be made on a foreign birth registration application of a person (details supplied); and if he will make a statement on the matter. [31252/20]

Amharc ar fhreagra

Freagraí scríofa

The Foreign Births Registration Section has now resumed the processing of applications. Foreign Births Registration, by its nature, can be a detailed and complex process, often involving official documentation related to three generations and issued by several jurisdictions. At present, it takes between 12 to 18 months to process an application to completion.

The Foreign Births Registration Section has also introduced a dedicated webchat service for those seeking further information in relation to their application for FBR. This webchat service is open weekdays from 9AM - 4:30PM and can be accessed through the Citizenship page on my Department's website.

Pension Provisions

Ceisteanna (300)

Louise O'Reilly

Ceist:

300. Deputy Louise O'Reilly asked the Minister for Defence if his attention has been drawn to circumstances by which a person (details supplied) can re-enter the 2004 pension scheme; and if he will make a statement on the matter. [31078/20]

Amharc ar fhreagra

Freagraí scríofa

The position is that the pension terms for new entrants who join the Permanent Defence Force after April 2004 are provided for under legislation.  The Public Service Superannuation (Miscellaneous Provisions) Act 2004 provides for pension terms for new entrants after April 2004 and the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, provides for pension terms for new entrants after January 2013. 

The 2012 Act provides that, in general, all new entrants after January 2013 are members of the Single Public Service Pension Scheme (Single Scheme).  

The individual in question was previously a member of the Defence Forces ‘post April 2004’ pension scheme, however, under the provisions of the 2012 legislation, on rejoining the PDF, under the re-enlistment arrangements, they will be a member of the Single Scheme. 

I am advised that the situation has been explained in detail to the individual concerned by the relevant officials.

Defence Forces Contracts

Ceisteanna (301)

Catherine Murphy

Ceist:

301. Deputy Catherine Murphy asked the Minister for Defence the value of all contracts for goods or services, including drone technology, purchased by the Defence Forces from firms based in the United States of America in 2019 and to date in 2020. [31180/20]

Amharc ar fhreagra

Freagraí scríofa

The primary focus for the procurement of defensive equipment by the Department of Defence is to maintain the capability of the Irish Defence Forces to fulfil the roles as assigned by Government. This includes undertaking overseas Peace Support Operations, and in this regard to afford the greatest possible force protection to Irish troops whilst on such missions. The principle of competitive tendering for Government contracts is used by the Department of Defence for the acquisition of defensive equipment for the Defence Forces. Central to those procedures is the requirement to allow fair competition between suppliers through the submission of tenders following advertising of the tender competition on the e-tenders site and on the Official Journal of the European Union (OJEU), where appropriate, in line with the EU procurement Directives, including the Defence and Security Directive. Such tender competitions are open to any company or country in accordance with the terms of all UN, OSCE and EU arms embargoes or restrictions.

The amount spent by the Department on defence equipment and services from firms based in the United States of America in 2019 and 2020 to date is laid out in the following table.

Year

  Amount Spent (€ Incl. VAT)

2019

   €725,196.78

2020 (to date)

   €293,406.60

Total spend - €1,018,603.38

Defensive equipment items purchased during this period from USA manufacturers include night vision devices, anti-armour systems and dual casualty transportation systems.

The manner in which the Department of Defence procures both goods and services remains consistent with international best practice.

Departmental Properties

Ceisteanna (302)

Patricia Ryan

Ceist:

302. Deputy Patricia Ryan asked the Minister for Defence the person or body that made the decision to fill in the hollow next to Donnelly's Hollow; the reason no infill licence was applied for; and if he will make a statement on the matter. [31438/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy has been previously informed, over three years ago Property Management Branch of my Department became aware that soil had been deposited at the lands referred to in the absence of the appropriate consent or sanction from the Department.  As my Department is engaged in legal correspondence with Kildare County Council on the matter the Deputy will appreciate that it would be inappropriate to comment any further at this point in time.

Defence Forces Representative Organisations

Ceisteanna (303)

Cathal Crowe

Ceist:

303. Deputy Cathal Crowe asked the Minister for Defence the complex legal, operational and management concerns with regard to a potential aligning of an association (details supplied) with a union; and if the association can address these in order to achieve its goal. [31577/20]

Amharc ar fhreagra

Freagraí scríofa

The Government is aware of the long standing desire of PDFORRA to become either affiliated to, or take up associate membership of, the Irish Congress of Trade Unions.  This matter requires detailed consideration as it raises significant challenges including the risk of impinging on the military chain of command.

Defence management (civil and military) have been engaged in discussions with the Permanent Defence Force representative associations and ICTU regarding the practicalities of a Defence Forces representative association forming association/affiliation with ICTU and the assurances that would be required to allow for this.

PDFORRA initiated legal proceedings on this matter on 26 June 2020. As this matter is now subject to litigation, it would not be appropriate to comment further.

Military Honours

Ceisteanna (304)

Kathleen Funchion

Ceist:

304. Deputy Kathleen Funchion asked the Minister for Defence if the soldiers who were involved in the siege of Jadotville will be receiving medals of recognition; if so, when they expect can this; and if not, the rationale in this regard. [31628/20]

Amharc ar fhreagra

Freagraí scríofa

The siege of Jadotville was a prominent event that occurred during Ireland's peacekeeping mission in the Congo in September 1961. "A" Company, 35th Infantry Battalion took responsibility for the UN post at Jadotville on 3rd September 1961. On the 9th September, a large force of Katangese Gendarmerie surrounded them and early on the morning of the 13th September "A" Company came under attack. From the 13th to the 17th September they endured almost continuous attack. They were taken into captivity on the 17th September and remained in captivity until finally released on the 25th October 1961.

The issue of the award of medals to the men of “A” Company, 35th Infantry Battalion was addressed in 1962 and 1965. A properly constituted Medals Board considered the various cases presented. The board did not award any medals whose citations mention Jadotville. The Chief of Staff of the day considered the decision of the Board and was satisfied with the findings. Subsequently at that time, the question was raised again in a letter to a newly appointed Chief of Staff. He forwarded the letter to the original Medals Board and asked that they reconvene and review their decision. The Board indicated that the issues raised had received due consideration and that they were not prepared to alter their findings.  

A review was conducted in 2004 by military officers for the purpose of a broader examination of the Jadotville case. This Board recommended that the events of Jadotville and the contribution of the 35th Battalion be given recognition. In this context, a number of measures have taken place to honour and to commemorate the events at Jadotville and the very significant contribution of “A” Company and of the 35th Battalion, as a whole, to the UN Peace Support Mission in the Congo.

Recognition of their contribution over the years include:

A. A presentation of scrolls to "A" Company in 2006.

B. Portraits of Lt Col McNamee (35th Battalion Commander) and Comdt Quinlan (Company Commander “A” Company) were commissioned in 2006.

C. In July of 2010 the 50th anniversary of the first deployment to the Congo was commemorated in a highly publicised and well attended event in Casement Aerodrome, Baldonnel.

D. A nominal roll of “A” Company, printed in copper, was affixed to the monument in Costume Barracks and was unveiled as part of the 50th Anniversary of the Jadotville affair in September 2011.

E. On the occasion of the 55th anniversary of the Siege of Jadotville, a Unit Citation to honour the collective actions and bravery of the men of “A” Company was issued. This was the first time a Unit Citation was awarded within the Defence Forces.

Furthermore, on 13th June 2017, the Government decided, as an exceptional step, to award a medal known as “An Bonn Jadotville” or “The Jadotville Medal” to each member of “A” Company, 35th Infantry Battalion and to the family representatives of deceased members to give full and due recognition in honour of their courageous actions at the Siege of Jadotville.  This medal presentation ceremony took place on 2nd December 2017 in Custume Barracks, Athlone.  This location is considered the spiritual home of “A” Company and it is from here that “A” company assembled in advance of their fateful deployment to the Congo.   

With regard to enquiries about any additional medals, the award of Distinguished Service Medals (DSM) and Military Medals for Gallantry (MMG) are provided for in Defence Forces Regulations (DFR) A9.  This regulation also sets out the criteria for the award of such medals.  It is important that in order to maintain the prestige of such medals and indeed all of those provided for in DFR A9, that the criteria outlined is strictly adhered to.

The introduction of any change to the regulations or to the criteria for the award of DSMs or MMGs is not a straightforward matter with many associated complexities.  Robust consideration must be given to any potential unintended consequences arising such as maintaining the integrity of the award of medals system and implications for previous decisions of properly constituted medals boards.  The availability of documentary evidence and official records also presents a challenge in this case.  It has been previously indicated that any additional documentation, information or evidence to support the request to award such medals will be considered. At this juncture, no new information has come to light that would be cause for the matter to be re-examined.

Notwithstanding the above, the Chief of Staff is re-examining the issue of Jadotville and current issues.

Departmental Offices

Ceisteanna (305)

Holly Cairns

Ceist:

305. Deputy Holly Cairns asked the Minister for Defence the departmental properties which have dedicated spaces for breastfeeding and expressing breast milk in tabular form; and if he will make a statement on the matter. [31745/20]

Amharc ar fhreagra

Freagraí scríofa

My Department strictly adheres to the Maternity Protection (Amendment) Act 2004, including the associated Regulations which provide for the protection of mothers who are breastfeeding.

My Department has offices in Newbridge, Galway, Roscrea and Dublin.  On request, suitable facilities are provided for breastfeeding in the workplace. These arrangements are in place to support a mother who is breastfeeding her child who is entitled, without loss of pay, to one hour off from work each day as a breastfeeding break, where breastfeeding facilities are provided.  Alternatively, the mother is entitled to a reduction of her working hours of one hour each day.

Covid-19 Pandemic

Ceisteanna (306)

Mary Lou McDonald

Ceist:

306. Deputy Mary Lou McDonald asked the Minister for Education the reason for the restrictions in place under level 3 of the living with Covid-19 plan; if clarity will be provided for schools that have been seriously impacted financially by these measures; and if she will make a statement on the matter. [30953/20]

Amharc ar fhreagra

Freagraí scríofa

Keeping schools safely open for children and staff is a key priority at all levels of the Resilience and Recovery 2020-2021: Plan for Living with COVID-19. At levels 1-4 inclusive, schools can remain open with protective measures, and at level 5, recommendations will be based on the situation and evidence at the time.

My Department published the report "Reopening Our Schools, The Roadmap for the Full Return to School" in late July along with details of a significant financial package to support the implementation of the measures in the roadmap, following approval by the Government. The package of supports is expected to cost in excess of €437 million in the 2020/2021 school year.

The range of supports being made available to schools includes additional financial supports to provide for additional staffing, management supports, enhanced cleaning, hand hygiene and personal protective equipment costs under the Covid-19 response plans. The Government also approved a package of minor works grants as part of the July Stimulus to support schools to prepare their buildings and classrooms for reopening.

Each school is required to have a COVID-19 Response Plan for the safe operation through the prevention, early detection and control of COVID-19 in line with public health advice and the supports outlined will help schools to implement the practical steps required to minimise the risk of transmission of infection in schools.

School Staff

Ceisteanna (307)

Christopher O'Sullivan

Ceist:

307. Deputy Christopher O'Sullivan asked the Minister for Education her plans to regularise employment, terms, conditions and pension rights for school secretaries; and if she will make a statement on the matter. [31489/20]

Amharc ar fhreagra

Freagraí scríofa

I am keenly aware of the vital role contributed by school secretaries within school communities and I recognise the very important work done by these staff, and the other support staff in the running of our schools. I have met with Fórsa, who represent many of the secretaries working in schools.

In recognition of their role, I have put special arrangements in place for this school year whereby schools will be funded to employ a replacement secretary or caretaker in the event that staff who are at very high risk of contracting serious illness from COVID-19 cannot work on the school premises.  I have also extended the Employee Assistance Service to all school staff including secretaries. 

The majority of primary and voluntary secondary schools receive assistance to provide for secretarial, caretaking and cleaning services under grant schemes. Where a school employs a staff member to support those functions those staff are employees of individual schools and responsibility for terms of employment rests with the school.

On foot of a Chairman’s Note to the Lansdowne Road Agreement, my Department implemented the 2015 recommendations of an independent arbitrator. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 and that a minimum hourly pay rate of €13 be phased in over that period. 

Fórsa trade union has tabled a follow-on claim from the 2015 agreement. Officials from my Department, the Department of Public Expenditure and Reform and School Management Bodies met with Fórsa on 1 October under the auspices of the Workplace Relations Commission.

I support the continued meaningful dialogue between the parties with a view to reaching a mutually acceptable solution. In that respect, I have asked my officials to examine closely pay issues for secretaries and caretakers, as well as very important wider matters relating to their conditions of work, in consultation with the Department of Public Expenditure and Reform. I welcome Fórsa’s recent announcement to defer industrial action and their commitment to resuming engagement with all parties at the WRC.

School Staff

Ceisteanna (308)

Brian Stanley

Ceist:

308. Deputy Brian Stanley asked the Minister for Education if her Department will honour the agreement reached between her predecessor and a trade union (details supplied) on 19 October 2019 to use the Labour Court to resolve the outstanding issues for school secretaries; and if she will make a statement on the matter. [30928/20]

Amharc ar fhreagra

Freagraí scríofa

I am keenly aware of the vital role contributed by school secretaries within school communities and I recognise the very important work done by these staff, and the other support staff in the running of our schools. I have met with Fórsa, who represent many of the secretaries working in schools.

In recognition of their role, I have put special arrangements in place for this school year whereby schools will be funded to employ a replacement secretary or caretaker in the event that staff who are at very high risk of contracting serious illness from COVID-19 cannot work on the school premises.  I have also extended the Employee Assistance Service to all school staff including secretaries. 

The majority of primary and voluntary secondary schools receive assistance to provide for secretarial, caretaking and cleaning services under grant schemes. Where a school employs a staff member to support those functions those staff are employees of individual schools and responsibility for terms of employment rests with the school.

On foot of a Chairman’s Note to the Lansdowne Road Agreement, my Department implemented the 2015 recommendations of an independent arbitrator. The Arbitrator recommended a cumulative pay increase of 10% between 2016 and 2019 and that a minimum hourly pay rate of €13 be phased in over that period. 

Fórsa trade union has tabled a follow-on claim from the 2015 agreement. Officials from my Department, the Department of Public Expenditure and Reform and School Management Bodies met with Fórsa on 1 October under the auspices of the Workplace Relations Commission.

I support the continued meaningful dialogue between the parties with a view to reaching a mutually acceptable solution. In that respect, I have asked my officials to examine closely pay issues for secretaries and caretakers, as well as very important wider matters relating to their conditions of work, in consultation with the Department of Public Expenditure and Reform. I welcome Fórsa’s recent announcement to defer industrial action and their commitment to resuming engagement with all parties at the WRC.

School Transport

Ceisteanna (309)

Martin Browne

Ceist:

309. Deputy Martin Browne asked the Minister for Education if her attention has been drawn to cases in which children have been denied school bus places despite living distances up to 20 kilometres from the school (details supplied); and the supports in place to find spaces on school buses for these children. [30931/20]

Amharc ar fhreagra

Freagraí scríofa

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the 2019/20 school year over 120,000 children, including over 14,200 children with special educational needs, were transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres at a cost of over €219m in 2019.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

Under the terms of my Department’s  School Transport Scheme, children are eligible for transport where they reside not less than 3.2kms at primary and 4.8kms at post-primary and are attending their nearest School/Education Centre as determined by the Department/Bus Éireann, having regard to ethos and language.

School Transport services  for commenced  on the 26th August for the 2020/21 school year.  All children who are eligible for school transport and who applied and paid by the deadline have been accommodated on school transport services where such services are in operation.  

Children who are not eligible for school transport may apply for transport on a concessionary basis only and will be facilitated where spare seats are available after eligible children have been accommodated.  Where the number of ineligible children exceeds the number of spare seats available Bus Éireann allocates tickets for the spare seats using an agreed selection process. 

In the event of not securing a ticket where no capacity exists, or on cancellation, a full refund will be issued.

Special Educational Needs

Ceisteanna (310)

Claire Kerrane

Ceist:

310. Deputy Claire Kerrane asked the Minister for Education when an application for assistive technology will be complete and the device made available to a child (details supplied); and if she will make a statement on the matter. [30933/20]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs) is responsible for processing applications from schools for special educational needs supports. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in making recommendations for support, which is set out in my Department's Circular 0010/2013.

In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs.

To date the NCSE have not forwarded a completed application to my Department recommending assistive technology equipment for this child.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

School Accommodation

Ceisteanna (311)

Marc MacSharry

Ceist:

311. Deputy Marc MacSharry asked the Minister for Education when a primary school (details supplied) in County Sligo will receive final approval for an extension; and if she will make a statement on the matter. [30937/20]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that a project has been approved for funding for the school in question under my Department's Additional Accommodation Scheme 2018 and has been devolved for delivery to the school authority in that context.

I can also inform the Deputy that my Department has approved this project to proceed to planning on the basis of a building project comprising one mainstream classroom, storage room, a WC for assisted users and works to the entrance and connecting corridor.

Rights of Way

Ceisteanna (312)

Neasa Hourigan

Ceist:

312. Deputy Neasa Hourigan asked the Minister for Education the agreements that have been reached by her Department with an organisation regarding an extension of the right of way at the new site for a school (details supplied); and if she will make a statement on the matter. [30947/20]

Amharc ar fhreagra

Freagraí scríofa

There is a Right of Way in the Particulars and Tenure of the Contract for Sale relating to this school site which retains a right of access to an adjoining property.

Alterations to this Right of Way are currently being explored with the relevant parties.

School Accommodation

Ceisteanna (313)

Alan Farrell

Ceist:

313. Deputy Alan Farrell asked the Minister for Education the number of permanent classrooms confirmed for a school (details supplied); and if she will make a statement on the matter. [30958/20]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that a major permanent capital project to extend the school, referred to by the Deputy, has recently been sanctioned by my Department.  The project has been devolved to the school authority for delivery.

The project brief comprises 26 general classrooms, 6 specialist rooms with associated preparation/storage areas, a 4-class special educational needs base and ancillary accommodation.  On completion of this project the school will have capacity to cater for a Long Term Projected enrolment of 1300 pupils which has been agreed with the school authority.

Special Educational Needs

Ceisteanna (314)

Alan Farrell

Ceist:

314. Deputy Alan Farrell asked the Minister for Education if the SEN classrooms for a school (details supplied) are autistic specific or for children with a range of additional needs; and if she will make a statement on the matter. [30959/20]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that my Department has recently approved a 4-class Special Educational Needs (SEN) Base as part of a major capital project for the school in question.  The Special Educational Needs Base is used in the main, but not exclusively, as a dedicated space for children with Autism. The use of this space is agreed in consultation with the National Council for Special Education (NCSE) and the School Authority, on a case by case basis, to consider which pupils with special needs should use the dedicated space.

Special Educational Needs

Ceisteanna (315)

Alan Farrell

Ceist:

315. Deputy Alan Farrell asked the Minister for Education the date for when works will begin for the ASD unit granted for a school (details supplied); and if she will make a statement on the matter. [30960/20]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that the project to which he refers has been devolved to the school for delivery under my Department's Additional Accommodation Scheme 2019. Funding has been provided to deliver a 4-classroom SEN base in that context. As it is a devolved project, it is a matter for the school authorities to progress it.  It is not possible at this stage to give a timeframe as to when works will begin on this project.

School Accommodation

Ceisteanna (316)

Joe McHugh

Ceist:

316. Deputy Joe McHugh asked the Minister for Education the status of works at a school (details supplied); and if she will make a statement on the matter. [30968/20]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to inform the Deputy that funding was approved under the Additional Accommodation Scheme 2020 to enable the school in question to build one music room, one multi media room, one metalwork room and one textile room. 

The project has been devolved for delivery to Donegal Education and Training Board (ETB).  The next step will be for Donegal ETB to procure a consultant. This consultant will lead the project through the various stages of architectural planning and onwards through the statutory planning process and construction. 

Schools Site Acquisitions

Ceisteanna (317)

Michael Creed

Ceist:

317. Deputy Michael Creed asked the Minister for Education the status of the acquisition of a permanent site for a school (details supplied); and if she will make a statement on the matter. [30983/20]

Amharc ar fhreagra

Freagraí scríofa

The building project for Gaelscoil an Chaisleain is included in my Department's capital programme. 

Officials in my Department continue to liaise with officials in Cork City Council and other relevant parties in relation to the identification and acquisition of a suitable site for the school. 

A number of site options have been identified and assessed. A potential preferred site option has been identified. Negotiations with the landowner in respect of this preferred site option to accommodate the school are under way. However, as the Deputy will appreciate, negotiations in respect of site acquisitions are, by their nature, sensitive and for that reason I am not in a position to provide further information at this time. I can assure the Deputy that all parties are working to bring matters to a conclusion at the earliest possible date and Department officials will continue to keep the relevant school authorities appraised of progress.

School Transport

Ceisteanna (318)

Aengus Ó Snodaigh

Ceist:

318. Deputy Aengus Ó Snodaigh asked the Minister for Education further to Parliamentary Question No. 179 of 16 June 2020, when a person (details supplied) will receive the reimbursement payment. [30994/20]

Amharc ar fhreagra

Freagraí scríofa

School Transport is a significant operation managed by Bus Éireann on behalf of the Department of Education.  In the 2019/20 school year over 120,000 children, including over 14,200 children with special educational needs, were transported in over 5,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres at a cost of over €219m in 2019.

The purpose of the Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

The child referred to by the Deputy is eligible for school transport under the terms of the School Transport Scheme for Children with Special Educational Needs. Bus Éireann has confirmed that transport commenced for this pupil on 23 October 2018 for the 2018/19 school year.

In the circumstances, the Department is prepared to offer a ‘Special Transport Grant’ towards the cost of making private transport arrangements until the commencement of the school transport service on 23 October 2018 and in this regard, School Transport Section has been in contact with the child's parent in regard to payment arrangements for this grant.

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