Thursday, 20 May 2021

Written Answers Nos. 278-292

School Inspections

Ceisteanna (278)

Gary Gannon

Ceist:

278. Deputy Gary Gannon asked the Minister for Education further to Parliamentary Question No. 341 of 13 May 2021, the consultation and communication that took place with stakeholders in education prior to 16 April 2021; the updated guidance which has been provided to schools to facilitate the inspectorate entering classrooms; her views on whether it is appropriate that an inspector may visit a number of schools in a single week; and if she will make a statement on the matter. [27443/21]

Freagraí scríofa

Minister for Education

In January and March the Inspectorate held briefing and consultation meetings with the Education Partners. The meetings provided partner organisations with information on the range of ways in which inspectors are engaging with schools and provided opportunity for questions and clarifications.

The details of these meetings have been published on the Department website at https://www.education.ie/en/The-Department/Regulation-of-Lobbying-Act-2015/Groups-Committees-exempted-under-the-Transparency-Code/Meetings/Briefing-for-Education-Partners-SSPS/

The Inspectorate is committed to ensuring that in the current context, all of its evaluation, support and advisory activities, including where necessary visits to classrooms and meetings in schools, are being carried out in accordance with current public health advice and with due regard for the wellbeing of teachers, principals, pupils and inspectors. All inspections, other than in very exceptional circumstances, are notified in advance to the principals of the schools concerned. This prior notice allows for discussion with the principals on the arrangements to be put in place to carry out the visits safely, including where necessary, visits to classrooms. Inspectors have also been issued with guidance on the safe conduct of inspections in the current context.

During the current period, the Inspectorate is prioritising Supporting the Safe Provision of Schooling visits, Child Protection and Safeguarding Inspections and notified Incidental Inspections in line with the evaluation, support and advisory commitments outlined in Circulars 0040/2020, 0041/2020, 0001/2021 and 0002/2021, all of which are available on the Department’s website. This first hand engagement will help to ensure that schools continue to operate in a safe and sustainable manner and also provide the best teaching and learning experiences possible in the current context. The visits to schools and classrooms are providing important information on the impact of school closures on student learning and on how teachers and schools are responding to pupils’ needs in the pandemic context, and helping to inform planning for summer programmes that will be used to help address students' needs. Where the inspection activity prioritised at this time necessitates more than weekly visits by individual inspectors to schools, all necessary precautions in accordance with public health advice are taken.

Departmental Staff

Ceisteanna (279)

Matt Carthy

Ceist:

279. Deputy Matt Carthy asked the Minister for Education the number of civil servant posts that were filled through open and internal panels, since April 2020, in her Department and the bodies under the aegis of her Department, by county and by month in tabular form. [27596/21]

Freagraí scríofa

Minister for Education

The information requested by the deputy regarding posts filled by my department and its aegis bodies is contained in the tables provided below:

Aegis Bodies

Organisation	Number appointed	Year	Open or Internal Competition	County where post is filled
An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta COGG	0	N/A	N/A	N/A
Caranua	0	N/A	N/A	N/A
	4	2020	Open	Dublin
Educational Research Centre (ERC)	6	2021	Open	Dublin
Commission to Inquire into Child Abuse (CICA)	1	2020	Open	Dublin
National Centre for Guidance in Education (NCGE)	1	2021	Open	Dublin
Residential Institution Review Committee (RIRC)	0	N/A	N/A	N/A
Residential Institutions Redress Board (RIRB)	1	2021	N/A	Dublin
	3	2020	Open	Galway and Dublin
	1	2020	Internal	Laois
National Council for Curriculum and Assessment (NCCA)	1	2021	Open	Laois
	5	2020	Open	Kildare
	2	2020	Internal	Kildare
Teaching Council	2	2021	Open	Kildare
	16	2020	Open	Meath, Kildare, Cork, Laois, Dublin, Galway
	1	2020	Internal	Dublin
National Council for Special Education (NCSE)	11	2021	Open	Meath, Dublin, Kildare, Cork
State Examinations Commission (SEC)	3	2020	Internal	Westmeath
	11	2020	Open	Westmeath
	6	2021	Open	Westmeath

Appointments Department of Education

Number appointed	Month/year appointed	Open competition or internal	County where the post is filled
74	2020	Open	Clare,Dublin, Galway, Kildare,Offaly Westmeath, Wexford
7	2020	Internal	Dublin, Limerick, Meath, Offaly
45	2021	Open	Cavan,Cork, Donegal, Dublin,Galway, Kildare Offaly ,Westmeath
9	2021	Internal	Dublin, Mayo, Offaly, Westmeath

Community Employment Schemes

Ceisteanna (280)

Paul Kehoe

Ceist:

280. Deputy Paul Kehoe asked the Minister for Social Protection the position regarding community employment supervisor pensions; and if she will make a statement on the matter. [27129/21]

Freagraí scríofa

Minister of State at the Department of Social Protection

The Community Employment Scheme (CE) is an active labour market programme designed to provide eligible long-term unemployed people and others with an opportunity to engage in useful work within their communities on a temporary, fixed term basis.

The programme is delivered through independent CE sponsoring authorities. The contract agreement between the Department and the CE sponsoring authorities establishes their role as an independent contractor. CE sponsoring authorities are the legal employers of CE supervisors, CE assistant supervisors and CE participants.

The CE sponsoring authorities receive state funding to cover the salary costs of supervisors, assistant supervisors and participant remuneration, training and material costs from the Department. CE supervisors and CE assistant supervisors are not public servants or employees of the Department or the state.

As the Deputy will be aware, CE supervisors and CE 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 for CE supervisors who are employed by CE schemes.

The Department of Public Expenditure and Reform has to have regard to any potential Exchequer exposure associated with dealing with the specific issue relating solely to CE supervisors arising from the Labour Court recommendation. Any proposal to resolve this specific issue, can and will only apply to CE supervisors and CE assistant supervisors.

Within this context, officials from my Department and the Department of Public Expenditure and Reform held discussions on proposals to progress and resolve this issue over the past number of months, while having regard to the wider budgetary framework. Officials from my Department also held discussions with unions representing CE supervisors and CE assistant supervisors.

I am pleased to report that agreement was reached recently between my colleagues, the Minister for Social Protection and the Minister for Public Expenditure and Reform on proposals to resolve the long-standing issue. Details of these proposals have been forwarded to the unions representing CE supervisors and CE assistant supervisors by my Department officials. I understand the unions are currently considering these proposals and have sought clarification on a number of the details contained therein. My Department are engaging with both unions on this basis.

I am confident this is a solid basis for progressing and resolving this complex issue, while ensuring there is no potential exposure for additional costs to the exchequer.

Minister Humphreys and I will continue to support CE for the benefit of the CE participants and the valuable contribution being made to local communities.

Public Services Card

Ceisteanna (281)

Carol Nolan

Ceist:

281. Deputy Carol Nolan asked the Minister for Social Protection the estimated number of persons resident in the State that have a valid public services card; and if she will make a statement on the matter. [27132/21]

Freagraí scríofa

Minister for Social Protection

The records of my Department show that there are 3.2 million persons who have been SAFE registered and had a Public Services Card (PSC) issued to them. All of these people would have been resident in the State when their PSC was originally issued. No data is available on how many have subsequently left the State, but the vast majority are still resident here.

The SAFE registration service has resumed in most Intreo Centres and Branch Offices since 17th May, in accordance with all relevant guidelines to ensure the health and safety of the Department's customers and staff. Any person who wishes to make an appointment to renew their PSC should contact their local Intreo Centre.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (282)

Robert Troy

Ceist:

282. Deputy Robert Troy asked the Minister for Social Protection if she will consider extending the back to work enterprise allowance for new business that have effectively very little trading time over two years due to Covid-19 restrictions. [27144/21]

Freagraí scríofa

Minister for Social Protection

The Back to Work Enterprise Allowance (BTWEA) scheme offers support for people who are long-term unemployed and who are interested in self-employment as a route to entering the labour market. The scheme plays a vital role in supporting the development of new enterprises for the long-term unemployed and is payable for up to a 24 month period from the commencement of their new business.

Following the onset of the Covid-19 Pandemic many self-employed people continued to operate their business at reduced levels. Provision was made to continue to pay the BTWEA and the Covid-19 Pandemic Unemployment Payment (PUP) concurrently, where appropriate, to support these newly established businesses. As the situation evolved, further amendments were made to the PUP to support self-employed people including that a person taking up limited self-employment could earn up to €960 over a rolling 8 week period without impacting their PUP entitlement. This also applies to those who are also in receipt of BTWEA.

Where a person’s entitlement to BTWEA exhausts and they are continuing to operate at reduced levels of business activity there may be alternative income supports available depending on the individual's circumstances.

If the Deputy has details of a particular case, he should forward them to the Department to advise. I trust this clarifies the position.

Legislative Measures

Ceisteanna (283)

Gino Kenny

Ceist:

283. Deputy Gino Kenny asked the Minister for Social Protection the date section 68M(a) of the Social Welfare (Covid 19) (Amendment) Act 2020 came into effect. [27203/21]

Freagraí scríofa

Minister for Social Protection

Section 11 of the Social Welfare (Covid-19) (Amendment) Act 2020 inserts section 68M(a) into the Social Welfare Consolidation Act 2005. This provides that at least one PRSI contribution in any one of four weeks, prior to an employee losing their income, would meet the contribution conditions for receipt of the Covid-19 pandemic unemployment payment. The employee is also required, on or after 13 March 2020, to be an employed contributor in the week immediately before he or she has ceased to earn an income, and to meet the other qualifying conditions of the scheme.

Separately, section 8 of the Social Welfare (Covid-19) (Amendment) Act 2020 inserts a new Chapter 6A, which deals with the attribution of contributions in respect of certain payments made to address the effects of Covid-19 e.g. Covid-PUP or Temporary Wage Subsidy Scheme. While the President signed this Act into law on 5 August 2020, employed contributors benefit from the attribution of paid contributions in respect of any contribution week commencing on or after 13 March 2020.

Social Welfare Benefits

Ceisteanna (284)

John McGuinness

Ceist:

284. Deputy John McGuinness asked the Minister for Social Protection if an application for a carer’s allowance in the case of a person (details supplied) will be reviewed and approved as a matter of urgency. [27263/21]

Freagraí scríofa

Minister for Social Protection

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I can confirm that my Department received an application for CA from the person concerned on 29 January 2020.

To qualify for CA, the Carer must show that they are habitually resident in the State, that they are providing full-time care and attention to a person who requires this level of care and that their means are less than the statutory limit.

Correspondence requesting financial information and a habitual residence questionnaire issued to the person concerned on 1 February 2021. As no response was received the person’s application was disallowed on 2 March 2021.

To date the requested information has not been received by my Department.

Once this information is received a review of the person’s claim will be undertaken and he will be notified directly of the outcome in due course.

I hope this clarifies the position for the Deputy.

Cybersecurity Policy

Ceisteanna (285)

Catherine Murphy

Ceist:

285. Deputy Catherine Murphy asked the Minister for Social Protection if a schedule will be provided of IT and email security costs incurred over the past five years to date; and the contractor engaged to deliver the services and or system. [27285/21]

Freagraí scríofa

Minister for Social Protection

My Department implements a security-by-design and defence-in-depth approach to cyber security. Our technical staff continue to operate and monitor all relevant systems to the highest levels and are closely engaged with experts in the Office of the Government Chief Information Officer (OGCIO) and the National Cyber Security Centre (NCSC) to ensure that we follow best practice as it relates to all aspects of Cybersecurity.

For operational and security reasons, we are advised by the NCSC not to disclose details of systems and processes which could in any way compromise those efforts. In particular, it is not considered appropriate to disclose information which might assist criminals to identify potential vulnerabilities in departmental cybersecurity arrangements. Therefore, it is not considered appropriate to disclose arrangements in place in relation to cyber security tools and services and my Department does not comment on operational security matters.

Pension Provisions

Ceisteanna (286)

Bríd Smith

Ceist:

286. Deputy Bríd Smith asked the Minister for Social Protection the number of times and the schemes involved in which the Pension Authority issued a section 50 order under the Pensions Acts to reduce benefits to ensure a scheme stays within the minimum funding standard for defined benefit schemes since 2010. [27288/21]

Freagraí scríofa

Minister for Social Protection

Whilst my Department is responsible for the legislation in this area, the issuance of Section 50 Directions are a matter for the Pensions Authority which is the independent body responsible for the regulation of occupational pensions in Ireland.

As the Deputy can appreciate, neither I as Minister nor the Pensions Authority can comment on individual schemes.

However, I am advised by the Authority that it has made 136 Section 50 Directions since 2010.

I trust this clarifies matters for the Deputy.

Public Transport

Ceisteanna (287)

Paul Kehoe

Ceist:

287. Deputy Paul Kehoe asked the Minister for Social Protection if an agreement is in place with Irish Rail to ensure that a free travel card will be accepted even if expired during Covid-19 restrictions on public services; and if she will make a statement on the matter. [27292/21]

Freagraí scríofa

Minister for Social Protection

Prior to the COVID-19 pandemic, individuals whose Public Services Cards (PSCs) were due to expire in the following three months were written to by the Department advising them that they could renew their PSC by attending an office of the Department and having a new photograph taken, or by applying for a renewal by post, sending a passport-size photograph.

In the context of the Covid 19 pandemic, this practice ceased at the beginning of March 2020, to ensure compliance with HSE and WHO guidelines in respect of social distancing in our offices.

My Department has since introduced a new service whereby a person whose PSC is expiring can call 1890 837 000 and a new PSC - valid for three years from the current expiry date of their Card - will issue to them, carrying the same photograph and information as their current PSC. The issuing of revised reminder letters will resume in due course.

It is also important to note that the National Transport Authority has accepted expired PSCs from people entitled to Free Travel since March last year.

I trust this clarifies the matter for the Deputy.

Data Protection

Ceisteanna (288)

Fergus O'Dowd

Ceist:

288. Deputy Fergus O'Dowd asked the Minister for Social Protection if her Department is fully compliant with GDPR EU requirements, the EU network and Information Security Directive and standards with respect to her Department’s IT infrastructure including Article 29 of GDPR which requires that data processors access only the data they need for their task; if ISO 27001 Annex 9 standards on privileged access are fully met; and if she will make a statement on the matter. [27346/21]

Freagraí scríofa

Minister for Social Protection

The Department of Social Protection has Data Protection policies, standards, procedures and guidelines in place governing the use of computer systems and customer data to ensure that the Department is fully compliant with GDPR EU requirements. Staff are regularly reminded of their Data Protection obligations. The importance of Data Protection and Cyber Security is promoted through awareness campaigns, presentations and regular notices.

The Department has adopted a defence-in-depth security strategy which is achieved by utilisation of people, processes, and technology to support the implementation of ICT security services. The threat landscape is constantly evolving, and significant effort is expended to continually enhance and strengthen ICT security to mitigate emerging threats, risks, vulnerabilities and cybersecurity issues.

In addition to deploying perimeter security measures, such as intrusion protection systems, software vulnerabilities are managed by maintaining up-to-date versions and aggressively deploying updates and patches to endpoints and applications as they become available.

My Department has developed an Information Security Management System (ISMS) aligned with the industry security standard ISO27001. his ISMS provides an overall governance framework for information security and sets out security policies, objectives, management oversight, practices and governance and ensures continual improvement of information security management. In addition, the Department is advanced in its programme to become ISO 270001 certified compliant with Annex 9, Access Control, ISO/IEC 27001:2013.

Data Protection

Ceisteanna (289)

Fergus O'Dowd

Ceist:

289. Deputy Fergus O'Dowd asked the Minister for Social Protection if any state or semi state bodies which report to her Department are fully compliant with GDPR EU requirements and the EU network and Information Security Directive and standards with respect to their IT infrastructure including article 29 of GDPR which requires that data processors access only the data they need for their task; if ISO 27001 annex 9 standards on privileged access are fully met; and if she will make a statement on the matter. [27365/21]

Freagraí scríofa

Minister for Social Protection

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, The Pensions Authority, the Pensions Council and the Social Welfare Tribunal. Both the Department of Social Protection and the statutory bodies operating under its aegis have Data Protection policies, standards, procedures and guidelines in place governing the use of computer systems and customer data to ensure that they compliant with EU GDPR requirements. Staff are regularly reminded of their Data Protection obligations. The importance of Data Protection and Cyber-security is promoted through awareness campaigns, presentations and regular notices. The bodies under the aegis of my Department are not subject to the EU Network and Information Systems (NIS) Directive as they are not considered to be 'essential providers' within the EU Directive definition. Specific information on each body is as follows:

Pensions Authority: The Pensions Authority is fully compliant with EU GDPR requirements. The Authority’s planned move to the Office of the Government Chief Information Officers’ (OGCIO) desktop as a service will significantly enhance its cyber security in the future and bring it under the ISO 27001 Certification standards.

Pensions Council - The Pensions Council is fully compliant with EU GDPR requirements and complies with Article 29 standards as the Council only uses the personal data required to carry out its functions. The Council does not provide services to the public and therefore holds a limited amount of personal data. The Council does not have its own IT system and uses the IT infrastructure systems operated by the both the Pensions Authority and the Department of Social Protection.

Social Welfare Tribunal – The Social Welfare Tribunal does not have its own IT system and uses the IT infrastructure systems operated by the Department of Social Protection, which are fully compliant with EU GDPR requirements.

Citizen’s Information Bureau (CIB) - The CIB commits to compliance with EU GDPR requirements. This includes transparently communicating with customers on how their personal data is managed (e.g. Data Protection Notice for Users of the Service).

Domestic Violence

Ceisteanna (290)

Brendan Smith

Ceist:

290. Deputy Brendan Smith asked the Minister for Social Protection if the existing domestic violence emergency rent supplement will be established on a permanent basis to ensure that such support is available post-Covid-19; and if she will make a statement on the matter. [27375/21]

Freagraí scríofa

Minister for Social Protection

Lead responsibility for the development and provision of services to support victims of domestic violence rests with the Department of Children, Equality, Disability, Integration and Youth.

In August 2020, I agreed a protocol with Tusla on a pilot basis involving a referral process through Safe Ireland and other service providers resulting in changes to the rent supplement scheme to make it more easily accessible to victims of domestic violence on a pilot basis. This seeks to ensure that victims of domestic violence are not prevented from leaving their home because of financial or accommodation difficulties. The protocol was introduced in the context of the current pandemic.

Under the protocol, after six months period of support, it is expected that the customer will, if eligible, be able to migrate to HAP or other social housing supports supported by their local authority.

The arrangements in this protocol are additional and complementary to, and not a substitution for, the range of other supports already in place for victims of domestic violence.

There are currently 70 victims of domestic violence being supported with rent supplement under this pilot which I have extended to the end of this year. The pilot will then be reviewed in order to inform any longer-term decisions in this area.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (291)

Bernard Durkan

Ceist:

291. Deputy Bernard J. Durkan asked the Minister for Social Protection if an independent medical officer can assess the case of a person (details supplied); and if she will make a statement on the matter. [27421/21]

Freagraí scríofa

Minister for Social Protection

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. Permanently incapable of work is defined as an incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life or an incapacity which has existed for 12 months prior to the date of claim and where the Deciding Officer or Appeals Officer is satisfied that the claimant is likely to be unable to work for 1 year from the date of the claim.

The Department received a claim for IP for the person concerned on 8 October 2020. The person concerned was refused IP on 16 November 2020 on the grounds that the medical conditions for the scheme were not satisfied. Upon receipt of additional medical evidence, this was reviewed by a separate medical Deciding Officer on the 17 December who also refused the claim on the grounds that the medical conditions for the scheme were not satisfied. The person in question appealed the decision to the independent Social Welfare Appeals Office (SWAO) who upheld the Department’s decision and disallowed the appeal. The person in question was notified of this decision on 18 February 2021.

On the 27 April 2021 the Social Welfare Appeals Office requested the file for a Review of the decision under Section 318 by the Chief Appeals Officer. The original Appeals officer's decision was upheld.

It is open to the person concerned to reapply for an Invalidity Pension.

I trust this clarifies the position for the Deputy.

School Meals Programme

Ceisteanna (292)

Gary Gannon

Ceist:

292. Deputy Gary Gannon asked the Minister for Social Protection the number of schools with DEIS status that applied for the hot school-meal scheme but were not included through the process of random selection; and the estimated cost of including these schools within the scheme. [27444/21]

Freagraí scríofa

Minister for Social Protection

The school meals programme provides funding towards the provision of food to some 1,506 schools and organisations benefitting 230,000 children. The objective of the programme is to provide regular, nutritious food to children who are unable, due to lack of good quality food, to take full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.

As part of Budget 2019, funding was provided for a pilot scheme from September 2019, providing hot school meals in primary schools at a cost of €1m for 2019 and €2.5m in 2020. The pilot involved 37 schools benefitting 6,744 students for the 2019/2020 academic year and was aimed primarily at schools with no onsite cooking facilities.

In Budget 2021, I announced that an additional €5.5m would be provided to extend the provision of hot school meals to an additional 35,000 primary school children, currently receiving the cold lunch option. My Department issued invitations for expressions of interest to 705 (612 DEIS and 95 non-DEIS) primary schools in November 2020. A total of 281 (256 DEIS and 25 non-DEIS) expressions of interest were received in respect of 52,148 children.

The 35,000 places were allocated to each local authority area based on the number of children applied by local authority as a percentage of the total number. A minimum of one school for each Local Authority area was selected. Thereafter, a process of random selection was used for each area.

As a result of this process, 189 of the 281 schools that submitted an expression of interest were selected. Of the 189 schools selected, 171 (90.5%) are DEIS and 18 (9.5%) are non-DEIS.

Of the 92 schools that were not selected 85 are DEIS and 7 are non-DEIS.

There are 16,296 pupils in the 85 DEIS schools during the 2020/21 school year. Funding for cold lunches is already being provided for 15,716 pupils attending these schools at a cost of €3.7m annually.

For the 14 weeks (September – December 2021), the additional cost of providing hot school meals to all pupils in these 85 schools would be €1.9m, or €4.9m for the 36 weeks of the school year.

As Minister, I am committed to continuing to grow the hot school meals element of the school meals programme and building further on the significant extension announced as part of Budget 2021 and I am currently exploring options for the possible inclusion of the unsuccessful schools in the hot school meals programme.

I trust this clarifies the matter for the Deputy.