Written Answers Nos. 793-809
793. Deputy Jennifer Whitmore asked the Minister for Education if her Department is actively seeking alternative accommodation for a school (details supplied); and if she will make a statement on the matter. [33349/20]
Amharc ar fhreagraMy Department is actively seeking alternative accommodation for the school to which the Deputy refers.
Senior Department Officials met with Kildare Wicklow ETB (KWETB) and the school on Wednesday, 23rd September to discuss the schools current arrangements and the immediate and future accommodation requirements for the school.
My Department has agreed to look at all potential options in the area in the short and medium term. This will include the provision of appropriate temporary accommodation, including specialist rooms, as quickly as possible as the current school year progresses.
Department Officials along with the school and KWETB also met with Greystones Lawn Tennis Club on Monday 28th September 2020 to discuss and request an extension to the existing arrangements. The Tennis Club have agreed to extend the current licence agreement until the end of December 2020 and are willing to consider extending beyond that, if required. Both the school and KWETB are aware of this development. Department Officials will continue to work closely with KWETB and the school to ensure the needs of the school community will be met.
I can confirm a potential permanent site option for the school has been identified and discussions are ongoing with the landowner with a view to acquiring this site.
As the Deputy will appreciate, the site acquisition process can be lengthy and there can be complex issues which need to be addressed during negotiations, technical assessments or conveyancing. Integral to this process is an examination of key factors such as cost, availability and deliverability. At all times my Department strives to obtain best value for the Exchequer. I can assure the Deputy that my Department is working to advance the site acquisition process for the school in question and work is ongoing to achieve this as soon as possible.
794. Deputy Seán Canney asked the Minister for Education if she is making a contingency plan to allow 2020 leaving certificate students to sit their exams in June 2021 if they cannot go ahead in November 2020 due to the Covid-19 situation; her views on the commitment already made to hold the exams in November 2020; if these exams are going ahead; and if she will make a statement on the matter. [33357/20]
Amharc ar fhreagraThe State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
795. Deputy Aodhán Ó Ríordáin asked the Minister for Education if her attention has been drawn to the situation regarding a school (details supplied), whereby a new Educate Together secondary school is unable to accommodate pupils from an Educate Together primary school in the same area, who live less than 100 metres from the planned secondary school site, due to a cap in numbers on the school; if she will extend the cap to allow for sufficient places for a third class; if her Department will examine adding further autism spectrum disorder places to the school; when construction of the permanent school building is due to commence; and if she will make a statement on the matter. [33368/20]
Amharc ar fhreagraThe school to which the Deputy refers is currently in interim accommodation on the Grange Community College site pending delivery of its intended interim accommodation on its permanent site on Belmayne Avenue, Belmayne. Work has commenced on site and it is currently anticipated that the accommodation will be ready for occupation by the school in early December.
In addition to the interim accommodation for the post-primary school that site which currently facilitates interim accommodation for a primary school will also accommodate the future construction of the permanent building for the post-primary school. In that regard, there are restrictions on the amount of temporary accommodation that can be placed on the permanent site. Therefore, the Department has informed the school and its Patron Body, Educate Together that it will not be possible for the school to increase its enrolment intake beyond the current intake level (which is up to 48 pupils at 1st year intake) for the 2021/2022 academic year.
796. Deputy Cian O'Callaghan asked the Minister for Education if her attention has been drawn to the request for additional classroom allocation at a school (details supplied) to address a waiting list of approximately 100 students; and if she will make a statement on the matter. [33375/20]
Amharc ar fhreagraThe school to which the Deputy refers is currently in interim accommodation on the Grange Community College site pending delivery of its intended interim accommodation on its permanent site on Belmayne Avenue, Belmayne. Work has commenced on site and it is currently anticipated that the accommodation will be ready for occupation by the school in early December.
In addition to the interim accommodation for the post-primary school that site which currently facilitates interim accommodation for a primary school will also accommodate the future construction of the permanent building for the post-primary school. In that regard, there are restrictions on the amount of temporary accommodation that can be placed on the permanent site. Therefore, the Department has informed the school and its Patron Body, Educate Together that it will not be possible for the school to increase its enrolment intake beyond the current intake level (which is up to 48 pupils at 1st year intake) for the 2021/2022 academic year.
797. Deputy Cian O'Callaghan asked the Minister for Education when construction on permanent buildings will commence at a school (details supplied). [33376/20]
Amharc ar fhreagraThe building project referred to by the Deputy is being delivered under my Department's Design & Build programme.
Planning permission was lodged on the 31st March 2020. As with all school building projects, the exact timeframe for delivery of the school will be dependent on the grant of planning permission.
My Department officials will keep the Board of Management fully informed of developments as they occur.
798. Deputy Bríd Smith asked the Minister for Education if a chief executive of an ETB can make a discretionary referral to the occupational health service of an employee who has been certified fit by a doctor citing the condition from which the employee has recovered. [33398/20]
Amharc ar fhreagra799. Deputy Bríd Smith asked the Minister for Education if a chief executive of an ETB can demand that a doctor who has certified an employee as fit for work should certify that employee as unfit for work while awaiting an appointment arranged for the employee with the occupational health service; and if this is an breach of the protocols issued by her Department. [33399/20]
Amharc ar fhreagra800. Deputy Bríd Smith asked the Minister for Education if the chief executive of an ETB can refuse an employee who has been certified fit for work by a doctor access to their workplace following a judgment of medical unfitness made by the chief executive in breach of the occupational health service protocols issued by her Department; and if she will make a statement on the matter. [33400/20]
Amharc ar fhreagra801. Deputy Bríd Smith asked the Minister for Education if the chief executive of an ETB can arrange an appointment for an employee with the occupational health service when such is in breach of the protocols issued by her Department. [33401/20]
Amharc ar fhreagraI propose to take Questions Nos. 798 to 801, inclusive, together.
Employers have a responsibility under Section 8 of the Safety, Health and Welfare at Work Act 2005 to “ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees”. The Employment Equality Acts also requires employers to take reasonable steps to accommodate the needs of employees and prospective employees with disabilities.
In order to discharge these statutory management responsibilities effectively and efficiently, it is essential that employers have access to professional occupational health advice on medical fitness for work. The Occupational Health Service (OHS) is in place to assist employers in carrying out this duty in respect of teachers, special needs assistants (SNA)s and also clerical officers/caretakers employed under the 1978/79 Scheme. The OHS provider, contracted by the Department, is the sole recognised provider of independent medical advice for these employees and their employers. It is a requirement of the Sick Leave Scheme that all employers and employees abide by the OHS medical assessment.
The OHS provides services that include pre-employment medical assessments, medical assessments of fitness for work, sickness absence management and ill health retirement assessments. Paragraph 3.3 of the Sick Leave Scheme (Chapter 1) for teachers contained in my Department’s Circular Letter 54/2019 and also paragraph 3.3 in Circular Letter 60/2019 for SNAs details the basis for an employer referral to the OHS for an independent medical assessment. This includes an employer who is obliged to make a discretionary referral to the OHS for an independent medical assessment where reasonable concerns exist as to the capacity of the employee to undertake his/her duties in a manner that is safe, such as repeated short-term Sick Leave absences, concerns regarding performance of duties as a result of health factors, work-related factors that may be adversely affecting an employee’s health or alcohol/drug related problems. The Employers Procedures Manual contained at Appendix A of these Circulars includes the step by step process for referral of an employee to the OHS for an independent medical assessment.
Paragraph 12.3 of the Sick Leave Scheme for teachers and paragraph 13.3 of the Sick Leave Scheme for SNAs states the following:-
‘Confirmation of fitness must also be obtained by the employer from the OHS, prior to resumption of duties, in the case of a teacher/SNA who is (i) absent on paid Sick Leave for 4 or more continuous weeks (or a shorter period where the employer has reasonable grounds for concern), or (ii) absent for any period of TRR/unpaid Sick Leave.’
Based on the terms and conditions of the Sick Leave Scheme, where an employer has reasonable concerns about an employee resuming duties, the OHS advice should be sought prior to a return to the workplace. The OHS Occupational Physicians offer a unique perspective, insight and skill set that allows them to provide an appropriate assessment and informed opinion with respect to an employee’s medical fitness for work, as distinct from an opinion on the nature and severity of their medical complaint.
Where there is a difference of medical opinion between the OHS and the treating Doctor/Consultant on an employee’s medical fitness for work, the OHS will consult with the treating Doctor/Consultant before providing final advice to the employer. If there is a specific need for an independent medical assessment, this can be facilitated through the OHS.
802. Deputy Bríd Smith asked the Minister for Education if ETBs can impose different conditions of work on teachers who teach students in mainstream post-primary classes as against colleagues on the same contact of employment who teach students pursuing further education courses in relation, for instance, to availability of online teaching and staggered lessons; and if she will make a statement on the matter. [33402/20]
Amharc ar fhreagraMy Department published the Roadmap for the full return to school on 26th July 2020 (updated on 5th August 2020) for the Primary and Post Primary sectors. Afterwards it published the Guidelines for Further and Higher Education for returning to on-site activity in 2020 - Roadmap and Covid-19 Adaptation Framework on 22nd July 2020 (updated on 29th August, 2020).
The Department's guidance for schools to operate in a safe and sustainable manner for students and staff does not impact on the existing terms and conditions of teachers. It has been developed in line with public health advice and followed comprehensive and intensive engagement with education stakeholders including the school management bodies and staff representatives. It also reflects a consideration of approaches adopted in other jurisdictions, which have been finalised in recent weeks.
In-person primary and post primary schooling have been deemed essential services up to and including level 5.
803. Deputy Róisín Shortall asked the Minister for Education the reason her Department has issued advice to primary school principals instructing them that if a child must isolate on grounds of the Covid-19 emergency period public health advice and is continuing to do their school work at home, that they would no longer be marked present on the school’s roll book, but instead should be marked absent and that a note will be taken of the reason for the child’s absence; if her attention has been drawn to concerns raised by some parents that the recording of such absences on their child’s record may cause them to be automatically flagged with child protection services through no fault of their own; and if she will make a statement on the matter. [33408/20]
Amharc ar fhreagraPupils who are medically certified as being at very high risk from COVID-19 and who are engaging with learning through adapted education provision should be marked as present in school attendance records. If pupils disengage from adapted education provision for medical or other reasons they should be marked absent for the period of disengagement.
COVID-19 related absences arising from pupils who have been requested to self-isolate by a medical professional or for pupils who feel unwell with symptoms consistent with COVID-19 must be recorded in accordance with the school’s procedures for the notification and recording of absences. These COVID-19 related absences should be noted by the school as explained absences.
In relation to explained absences and in line with the procedures for referrals from schools to the EWS, schools are advised to use their discretion in determining whether a pupil’s attendance warrants a referral to EWS. A pupil’s absence may be satisfactorily explained by certified illness, bereavement or other valid reasons such as those related to COVID-19.
In the event of a referral to Tusla Education Support Services (TESS), TESS will take into account the requirement for pupils/students who feel unwell with symptoms consistent with COVID-19 or who have been informed to self-isolate and not to attend school. The same will apply for pupils/students who may be absent from school due to other genuine illnesses unrelated to COVID-19.
804. Deputy Jackie Cahill asked the Minister for Education if schools that use local leisure centres with a full-size gym for physical education, which allows social distancing, can continue to use the leisure centres, which are closed to the public under level 5 restrictions; and if she will make a statement on the matter. [33411/20]
Amharc ar fhreagraMany schools have a general purpose room/sports hall and practically all schools have outdoor play areas. In addition, many schools, use adjacent local facilities, including community halls, public parks, playing fields and swimming pools. However, local circumstances due to Covid-19 restrictions, may have limited schools access to some of these facilities.
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. Gyms, leisure centres and swimming pools are not permitted to open in levels 4 and 5.
805. Deputy Claire Kerrane asked the Minister for Education the status of a new build for a school (details supplied), the steps taken to deliver this new build to date; and if she will make a statement on the matter. [33442/20]
Amharc ar fhreagraThe major building project referred to by the Deputy is at an advanced stage of architectural planning, Stage 2(b) Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents.
A number of Brief Change Requests have been received in recent years in relation to this project. The most recent Brief Change Request was submitted in March 2020 by the Board of Management and its Design Team. On 9th April 2020, approval in principle to this Brief Change Request, which is subject to further clarifications from the Design Team and Galway County Council, issued from my Department.
The Design Team is currently working on completing a revised Stage 2(b) report incorporating the above Brief Change into the tender documentation. As soon as this work is complete, the report will be submitted to the Department for review. The Department understands from the Design Team Leader that this report is expected to be submitted shortly.
Upon completion, receipt, review and approval of the Stage 2(b) report, the Department will be in contact with the school regarding the further progression of the project.
806. Deputy Claire Kerrane asked the Minister for Education if she has engaged with special schools on possible further restrictions; if her Department has looked at ways in which special schools could remain open if schools had to close due to Covid-19; and if she will make a statement on the matter. [33443/20]
Amharc ar fhreagraThe Department of Health in recent days has advised my Department that the schools remaining opening during LEVEL 5 restrictions has been afforded careful consideration by the National Public Health Emergency Team (NPHET). In recommending that schools remain open at the present time, even in the current trajectory of the disease, the NPHET has considered the national experience of school reopening to date, including the epidemiological data and information gathered through case and outbreak management.
The experience of public health to date is that transmission rates of Covid-19 in schools are low, much lower than the rate currently in the community. This is a result of the effectiveness of the public health guidelines for schools and the successful implementation and adherence of all in the school community to the guidelines.
My Department has been in comprehensive and ongoing engagement with all education stakeholders including the school management bodies and staff representatives for the purposes of ensuring that all schools, including special schools can continue to operate in a safe and sustainable way for both pupils and staff.
807. Deputy Matt Carthy asked the Minister for Education the direction given to schools on the use of hand sanitiser; if hand sanitiser containing alcohol was approved or prohibited; if approved, whether a distinction was drawn between ethanol and methanol; if she will provide communications, letters, emails, directives and materials via which this information was provided to schools; and if she will make a statement on the matter. [33445/20]
Amharc ar fhreagra808. Deputy Matt Carthy asked the Minister for Education if her Department is of the view a product (details supplied) is alcohol free; if not, whether her Department was of the view it contained ethanol or methanol; and if she will make a statement on the matter. [33446/20]
Amharc ar fhreagra809. Deputy Matt Carthy asked the Minister for Education the product her Department procured from a company (details supplied); the value of the contract awarded to the company; the quantity of product; the intended recipients and proposed use of product; and if she will make a statement on the matter. [33447/20]
Amharc ar fhreagraI propose to take Questions Nos. 807 to 809, inclusive, together.
The procurement process for the Education Sector PPE Procurement Agreement in June and July, 2020 resulted in a multi-supplier agreement being concluded with 14 suppliers, including the supplier to which the Deputy refers. The Contract Award Notice was published on 30th July 2020. The majority of suppliers offered alcohol-based products and three among them specialised in alcohol-free products.
As part of the selection process suppliers were required to confirm that their products were compliant with the biocidal and PPE regulations and provide documentation, information on their current live product range and examples of contracts in the last two years which included supply to the Irish public sector. The suppliers in questions fulfilled these requirements.
The procurement process was designed to assist schools by providing them with a list of approved suppliers. Guidance for schools in relation to Hand Hygiene (including the use of hand sanitiser) was set out in the COVID-19 Response Plan for the safe and sustainable reopening of Primary and Special Schools and COVID-19 Response Plan for the safe and sustainable reopening of Post Primary Schools. Copies of the guidance are provided with this reply.
On 22 October 2020 the Department of Agriculture, Food and Marine notified my Department that it had removed ViraPro hand sanitiser from the product register. On the same day my Department removed the supplier of Virapro and its entire product offering from the procurement agreement and advised all schools to cease all use of these products. These products have been on general sale and not just available through the education sector framework.
On Friday 23rd the Department of Agriculture advised not to use any Virapro branded product and this was communicated to schools.
My Department immediately commenced a review of biocidal products included in the Education Sector PPE procurement agreement. The review has been undertaken in consultation with the Department of Agriculture, Food and Marine, which is the regulator in Ireland for biocidal products.
This involved reviewing 172 items from 14 suppliers. The outcome of this review was a decision to take 43 biocidal and 9 other products off the approved list for schools because it has not been possible to satisfactorily confirm their registration status as part of this review. These products will not be included in my Department’s approved list for schools until their registration status has been confirmed. The Department has no evidence that these products are unsafe.
Immediately following the product review my Department on Thursday 29 October, 2020 wrote to all schools to advise them of changes to the approved list of products on the Education Sector PPE procurement agreement, and the steps they can take to procure new stock if they need to. Suppliers on the agreement committed to swift processing of orders and delivery to support schools.
The Department has added a new supplier to the PPE Agreement, who has confirmed possession of the required biocidal registrations, and 23 new products to the agreement.
The Department of Agriculture, Food and Marine and the Education Procurement Service are engaging directly with the suppliers concerned regarding the status of these products and it may be possible to reinstate these products to the agreement at a later date.
In the case of the ViraPro product I understand that the supplier has supplied approximately 10% of schools. My Department has estimated that the total value of the product supplied is approximately €200,000 to €300,000.
The Department of Agriculture, Food and Marine is engaging with the supplier in relation to the recall.
Arrangements are in place to ensure that schools impacted will be provided with funding to source new supplies, and to provide for the cost of Aide. My Department continues to work closely with schools to ensure that they will have sufficient PPE and other supplies in time for the reopening of schools after the mid-term break.
