Dáil Éireann Debate, Tuesday - 30 November 2021
319. Deputy Cian O'Callaghan asked the Minister for Education if the 72-hour obligation and June working will be abolished in relation to special needs assistants, SNAs; and if she will make a statement on the matter. [58440/21]
Amharc ar fhreagraSNAs carry out a very significant role in supporting pupils with a broad variety of care needs, and I am extremely appreciative of this work.
The 72 hours working requirement of SNA’s has been in place since 2005, forming part of the SNA contract of employment, as agreed with unions. Under the terms of the standard employment contract agreed in 2005, SNAs were required to be available for a number of days at the start and finish of each school term, not exceeding 12 in total. Under the Croke Park Agreement, it was agreed to convert that requirement to one of 72 hours (pro-rata for part-time SNAs), for use by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and/or the normal school year. These arrangements were notified to schools in 2011, in Department Circular 0071/2011. The duties listed in that Circular form part of the normal range of SNA duties, and are therefore liable to be performed at any time during normal working hours, including during the 72 hours. The agreed uses of the 72 hours include:
- SEN pupil-centred activity - such as assistance with care planning;
- Learning resource administration – such as preparing class rooms and materials;
- Class and school planning and development;
- Assistance with special exam centres for the State exams; and
- Training
The description of these hours in some commentary as ‘unpaid’ is erroneous: remuneration for the 12 days or 72 hours is included as part of the normal salary paid to an SNA under the terms of the 2005 agreed contract.
An important reminder of the requirement to effectively manage, communicate and record this element of the SNA contract issued from my Department in November 2020, to ensure that schools effectively plan for the optimum use of this time to support the care needs of pupils. The 72 hours allow for very important support work to be carried out without reducing the SNA’s time with the pupil(s) in need of their care. Accordingly, the suspension of the requirement to complete the 72 hours would have a direct, negative impact on pupils with special educational needs as it would impede on normal class time.
Fórsa, the trade union which represents SNAs, has formally sought abolition of the 72 hours contractual requirement through industrial relations channels. I understand that the claim is currently paused so that a review of the SNA contract, proposed as part of the Building Momentum national pay agreement, can be carried out and implemented first. As the 72 hour requirement is an integral part of the current SNA contract, the review process may address the concerns that Fórsa have in relation to that aspect of the contract. If those concerns are not addressed through the review process, my Department remains open to progressing the matter through the normal industrial relations channels.
