Thursday, 24 Nov 2022

Written Answers Nos. 238-246

Schools Building Projects

Ceisteanna (238)

Bernard Durkan

Ceist:

238. Deputy Bernard J. Durkan asked the Minister for Education the current position with regard to the replacement of a school (details supplied); and if she will make a statement on the matter. [58676/22]

Freagraí scríofa

Minister for Education

The post primary project to which the Deputy refers has been devolved for delivery to Kildare & Wicklow Education and Training Board (KWETB).

The Design Team is currently preparing the Stage 2a report (developed design) for submission and the Department understands from KWETB that the report is nearing completion. It is a matter for KWETB, as the client for the project, to ensure that this is completed as quickly as possible.

Once the Stage 2a submission is approved by my Department, the next step for the Design Team will be to obtain the statutory planning approvals. When these are in place, the project can proceed to tender and construction.

While at this early stage it is not possible to provide a timeline for completion of the project, KWETB will be engaging directly with the school authority to keep it informed of progress.

Schools Building Projects

Ceisteanna (239)

Bernard Durkan

Ceist:

239. Deputy Bernard J. Durkan asked the Minister for Education the progress that has been made to date in relation to the three-school project at Hazelhatch, Celbridge, County Kildare incorporating a replacement school (details supplied) which is now an urgent requirement and two other schools on a single site; if all the necessary road and realignment works have been completed by the local authority to facilitate this progress; when construction work will commence in respect of each of the schools; and if she will make a statement on the matter. [58677/22]

Freagraí scríofa

Minister for Education

The project to which the Deputy refers has been devolved to the National Development Finance Agency (NDFA) for delivery as part of a programme of school building projects.

A letter was issued by the Department to the schools in February 2022 to advise that their respective school had been included in the programme. The NDFA has since been in contact with each school to introduce the team, communicate arrangements and discuss the project briefs.

The next step is for the NDFA to procure a Design Team for the project bundle to progress the projects through the design stages. An estimated timeline for the completion of the project will be available once the design stages have concluded.

Special Educational Needs

Ceisteanna (240)

Bernard Durkan

Ceist:

240. Deputy Bernard J. Durkan asked the Minister for Education the extent to which special needs' classes and special needs' teachers continue to be available in all schools through the country given the need to ensure a universal right to education for those children requiring special teaching; and if she will make a statement on the matter. [58678/22]

Freagraí scríofa

Minister of State at the Department of Education

I would like to thank the Deputy for the question and would like to advise the following.

Enabling children with special educational needs (SEN) to receive an education appropriate to their needs is a priority for this Government.

It is also a key priority for me as Minister for Special Education & Inclusion, for my Department and for the National Council for Special Education (NCSE).

For 2022, my Department will spend in excess of €2.3 Billion, or over 25% of the Department’s budget on providing a wide range of schemes and supports for children with special educational needs.

For 2023, this spend will be substantially increased, by over 10%, meaning that my Department will spend over €2.6 billion on special education.

This level of educational funding and support is unprecedented and represents in excess of 27% of the Department’s total allocation for 2023.

This includes funding for new special classes, new special school places, additional special educational teachers and special needs assistants.

The National Council for Special Education (NCSE) has responsibility for coordinating and advising on the education provision for children with special educational needs nationwide.

As of 31st October, there have been 393 new special classes open for the 2022/2023 school year, bringing the total of special classes to 2,545 opened nationwide. The 393 new special classes for 2022/23 is broken down by 260 at primary level and 133 at post primary level

Budget 2022 provided for an additional 620 special education teachers which brings the total provision to 14,385 in 2022.

Budget 2023 provides for an additional 206 new SET posts in special education. This new investment is required to meet the needs of students with special educational needs enrolled in mainstream classes.

This will bring the total number of SETs in the mainstream school system to 14,591 in 2023

Provision for 14,591 SET’s as at 31st December 2023 will represent an increase of 49.8% since 2011 at which time 9,740 were provided.

The Special Education Teaching allocation provides a single unified allocation for special educational support teaching needs to each school, based on each school’s educational profile.

Under the allocation model, schools have been provided with a total allocation for special education needs support based on their school profile.

The SET allocation model has been in place since 2017. The allocation model, which was recommended by the National Council for Special Education (NCSE), is designed to distribute the total available number of Special Education Teachers across primary and post primary schools based on the relative need of each school, as evidenced by a number of key indicators.

Special Education Teachers provide additional teaching support for students with special educational needs enrolled in mainstream classes in primary and post primary schools.

The SET model is a fairer and more transparent way of allocating teaching resources to schools.

The SET Model represented a significant shift in the way that students with SEN are supported in mainstream classes. Previously, students needing additional teaching support required a diagnosis in order to access support which caused delays in providing the support and also imposed a burden on both schools and parents. The change in policy was welcomed by both schools and parents. The Model is based on the principle that those students with the greatest need receive the most support.

The model encourages schools to support students with SEN in mainstream classes alongside their peers. In fact most students with SEN are enrolled these classes. This approach is also consistent with the EPSEN Act

When the SET model was introduced it was designed to be updated on a regular basis so as to distribute the total available resources across the school system based on profiled need. Because the level of student need may change in a school over time, some schools will gain under this distribution, with these gains balanced by equivalent reductions in schools where the model indicates reduced need. Re-profiling is the means of ensuring that new or increasing need in schools is met by transfer/redistribution of teaching resources from other schools whose need has reduced as shown by the model.

Schools are frontloaded with resources, based on each school’s profile. The allocations to schools include provision to support all pupils in the schools, including where a child receives a diagnosis after the allocation is received by a school, or where there are newly enrolling pupils to the school.

The additional Special Education Teaching (SET) Resources which are provided to a school under the SET model cannot be used for mainstream class teaching, or to reduce the pupil teacher ratio in mainstream classes, or to provide additional subjects for pupils who do not have special educational needs.

Schools must ensure that the additional Special Educational Needs Teaching supports are used in their entirety to support pupils identified with special educational needs, learning support needs, and additional literacy needs.

The SET resources provided to schools is based on special education needs of the pupils enrolled in the school and the resources must be utilised to ensure that students with special education needs are supported so that they can achieve the best possible educational outcome.

My Department is committed, in conjunction with the NCSE, to continue to work with parents, schools, patrons and all stakeholders to ensure that there are sufficient appropriate places for students with additional needs and to support all students to achieve their potential.

I want to reassure you also that my Department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

School Transport

Ceisteanna (241)

Bernard Durkan

Ceist:

241. Deputy Bernard J. Durkan asked the Minister for Education the degree to which the school transport system has been reviewed with a view to making such transport available to those who had access heretofore and those who might require school transport in the future; and if she will make a statement on the matter. [58679/22]

Freagraí scríofa

Minister for Education

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of my Department. In the last school year over 121,400 children, including over 15,500 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country. The cost of the scheme in 2021 was €289m.

In July 2022, Government announced funding for the waiving of school transport scheme fees for the coming school year as part of a wider package of cost-of-living measures.

Ticket registration for the 2022/23 school year closed on 29 July by which time almost 130,000 applications/registrations were received for mainstream school transport. This figure includes 44,299 new applications as well as roll-overs from the previous school year.

This year to date, over 127,800 tickets have issued to students around the country, an increase of approx. 24,200 relative to the same point last year, which is an increase of over 23%. There has been an increase of over 20% to date in the number of tickets issued to eligible pupils and an increase of over 33% to date on the number of tickets issued to concessionary pupils, compared to the start of the 2021/2022 school year.

All children who are eligible for school transport and who have completed the application process on time have now been accommodated on school transport services where such services are in operation.

In addition, pending completion of the outcome of the full review of the School Transport Scheme, Temporary Alleviation Measures at post-primary level have continued for the 2022/2023 school year. Under these measures, transport is provided for post-primary pupils who are eligible for transport to their nearest school and are attending their second nearest school and who applied by the 29th April and registered for a ticket by the 29th July.

As part of the budgetary process, some additional funding has been approved for the scheme which has allowed officials in the Department of Education, in consultation with Bus Éireann, to consider and evaluate where additional capacity may be available. Bus Éireann have been prioritising areas where there were “on time concessionary pupils” who had tickets previously.

It is important to stress that this is subject to capacity considerations. Constraints in sourcing vehicles and drivers in certain areas of the country may also mean that it may take a number of weeks to explore solutions for additional capacity.

As you are aware my Department commenced a review of the School Transport Scheme in February 2021. The review is being conducted with a view to examining the current scheme, its broader effectiveness and sustainability, and to ensure that it serves students and their families adequately.

The review encompasses the School Transport Scheme for Children with Special Educational Needs and the Primary and Post-Primary School Transport Schemes to include an examination of eligibility criteria, trends, costs and cost drivers, and overall effectiveness in meeting scheme's objectives.

The review will also examine the potential for integration of different strands of the scheme and a more co-ordinated approach with other Government Departments that also use transport services. The review will consider issues such as climate action, supporting rural development and promoting where possible initiatives that encourage walking and cycling to school.

Wider considerations relating to operation of the scheme are now taking place in the second phase of the review. The Technical Working Group has undertaken extensive consultation over the last number of months; including running a public survey for parents/guardians and students who use the service and those who do not use the service but who would like to. The Group has also consulted with a broad array of stakeholders including schools, special education interest groups, industry representatives and other Government Departments.

The Steering Group will continue to report to me on an interim basis as the review progresses.

While work on the review is being impacted somewhat by challenges including the pandemic and the impact on resources arising from the ongoing crisis in Ukraine, it is anticipated that the completion of the final phases of the review will be in the shortest timeframe possible. I will then examine and consider the final recommendations once received from the steering group on the future operation of the Department’s School Transport Scheme.

Bullying in Educational Institutions

Ceisteanna (242)

Bernard Durkan

Ceist:

242. Deputy Bernard J. Durkan asked the Minister for Education the procedures that are currently in place or envisaged to combat school bullying in its various forms, without exception, at primary and second-level schools throughout the country; and if she will make a statement on the matter. [58680/22]

Freagraí scríofa

Minister for Education

The Action Plan on Bullying, which was published in January 2013, sets out my Department's approach to tackling bullying and promoting an anti-bullying culture in schools. The Action Plan contains 12 actions that focus on the provision of support for schools, teacher training, research and awareness raising and aims to ensure that all forms of bullying are addressed. A number of these actions have been implemented in full while others, which by their nature involve continuous action, are the subject of ongoing implementation.

As part of the implementation of the Action Plan, anti-bullying procedures for all primary and post primary schools, which include a specific reference to cyberbullying, were published at the beginning of the 2013/14 school year. The procedures are designed to give direction and guidance to school authorities and school personnel in preventing and tackling school-based bullying behaviour amongst its pupils and in dealing with any negative impact within school of bullying behaviour that occurs elsewhere. They include specific requirements in relation to the use of prevention and education strategies and the consistent investigation, follow up and recording of bullying behaviour.

The procedures recognise that a positive school culture and climate is key and set out a very practical way on what schools must do to both prevent bullying and to deal with bullying when it occurs.

In accordance with the Anti-Bullying Procedures, where a parent is not satisfied that a school has dealt with a bullying case in accordance with the procedures the parents must be referred, as appropriate to the school's complaints procedures. All Boards of Management are required to adopt and implement an anti-bullying policy that fully complies with the requirements of these procedures. A template policy is provided in the procedures to help facilitate schools in this regard.

The Board of Management must ensure that the school has clear procedures for the formal noting and reporting of bullying behaviour, and these must be documented in the schools’ anti-bullying policy.

The procedures for schools include important oversight arrangements that involve the school principal reporting regularly to the Board of Management and a requirement for the Board to undertake an annual review of the school's anti-bullying policy and its implementation. Confirmation that the annual review has been completed must be provided to the Parents' Association and published on the school website.

As the Deputy may be aware, I established a Steering Committee to review the 2013 Action Plan on Bullying in February of this year. This Steering Committee is chaired externally. This review has involved significant consultation and collaboration across my Department, with other Government Departments and Bodies including the Ombudsman for Children, and also involves consultation with a broad range of education stakeholders, including parents and students, school management bodies and teacher and school staff unions.

The review has taken account of the significant developments and relevant research since the action plan was published in 2013. It has specifically considered online (cyber) bullying, identity based bullying and sexual harassment, among other areas.

The review has also given detailed consideration to the recommendations contained in the Oireachtas Joint Committee Report on School Bullying and the Impact on Mental Health which was published in August 2021.

A number of consultation strands have been conducted including focus groups with children and young people, focus groups with school staff and members of the school community, and a public consultation process. This extensive consultation process has been undertaken to inform the new Action Plan and this will ensure that my Department has captured as many voices as possible to inform the development of an inclusive and comprehensive Action Plan on Bullying. The work of the Steering Committee is almost complete with a new Action Plan on Bullying to be published in the coming weeks.

A working Group has also been established to review and update the Anti-bullying procedures for Primary and Post Primary Schools . The working group is comprised of representatives from each of the relevant management bodies and teacher and school staff unions, along with representatives from the National Parents’ Council Primary, National Parents’ Council Post-Primary, Irish Second Level Students’ Union (ISSU) and the National Anti-bullying Research Centre in DCU.

Covid-19 Pandemic

Ceisteanna (243)

Catherine Connolly

Ceist:

243. Deputy Catherine Connolly asked the Minister for Social Protection the date on which Covid-19 will be recognised as an occupational illness in Ireland. [58602/22]

Freagraí scríofa

Minister for Social Protection

Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005 as it does not meet the criteria laid down in the Act. Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that -

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occupations and not as a risk common to all persons, and

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.

My Department is monitoring the work and recommendations of the European Commission in this regard. We understand that the Commission is committed to updating their Recommendations on Occupational Diseases by the end of this year.

My Department reviews its supports and schemes regularly to ensure that they continue to meet their objectives. Any changes to the current system would need to be considered in an overall policy, legislative and budgetary context.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (244)

Niamh Smyth

Ceist:

244. Deputy Niamh Smyth asked the Minister for Social Protection the status of a review of an appeal by a person (details supplied); and if she will make a statement on the matter. [58481/22]

Freagraí scríofa

Minister for Social Protection

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 November 2022. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (245)

Imelda Munster

Ceist:

245. Deputy Imelda Munster asked the Minister for Social Protection if consideration has been given to granting the cost-of-living disability support payment to those in receipt of partial capacity; and if she will make a statement on the matter. [58491/22]

Freagraí scríofa

Minister for Social Protection

As part of Budget 2023, the Social Protection budget has been designed to assist people with cost-of-living increases through a mix of once off lump sum payments, increases to weekly payment rates and an expansion of the Fuel Allowance scheme.

The measures introduced include the provision of a one-off €500 Cost-of-Living payment, which was paid in mid-November to recipients of the Disability Allowance, Blind Pension, Invalidity Pension and the Carer's Support Grant.

The Partial Capacity Benefit scheme has been designed to allow persons in receipt of this payment to continue to receive a percentage of their previous payment (i.e., 50%, 75% or 100%) while in employment. The scheme has also been designed so there are no restrictions on the number of hours a person in receipt of the payment can work, and there are no restrictions on earnings/earnings limits. Persons who have moved on to Partial Capacity Benefit from an Invalidity Pension payment retain their Partial Capacity payment, while in employment for three years.

As persons in receipt of Partial Capacity Benefit are in employment without any restriction on earnings, they are not eligible for the once off lump sum payment.

However, Partial Capacity recipients have received a double payment under the Cost-of-Living support measure, announced in the recent Budget, which was paid the week commencing 17th October 2022. They will also receive the Christmas bonus double payment, which will be paid from the week commencing 5th December 2022.

In addition, from January 2023, the maximum rate of Partial Capacity Benefit will increase by €12 per week. There will be proportionate increases for people getting a reduced rate and for qualified adults. The weekly rate for a qualified child will also increase to:

- €42 for children under 12 years of age

- €50 for children aged 12 years and over.

Social Welfare Eligibility

Ceisteanna (246)

Peter Fitzpatrick

Ceist:

246. Deputy Peter Fitzpatrick asked the Minister for Social Protection if the Government has any plans to remove the means test for carer's allowance; and if she will make a statement on the matter. [58497/22]

Freagraí scríofa

Minister for Social Protection

The Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.

The main income supports to carers provided by my department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending in 2022 is expected to amount to over €1.5 billion.

The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and being provided, and that the means test applied is satisfied. Carer’s Allowance is primarily aimed at carers on low incomes who look after certain people who need full-time care and attention.

At the end of October, there were 91,954 people in receipt of Carer's allowance. The projected expenditure on Carer’s Allowance in 2022 is approximately €990 million.

The conditions attached to payments of Carer’s Allowance are consistent with the overall conditions that apply to social assistance payments generally. This system of social assistance supports provides payments based on an income need with the means test playing the critical role in determining whether or not an income need arises as a consequence of a particular contingency – be that illness, disability, unemployment or caring.

The continued application of the means test not only ensures that the recipient has a verifiable income need but that resources are targeted to those with greatest need.

Removing the means test for Carer’s Allowance would, in effect, create a new universal social protection scheme for those meeting the scheme’s basic caring condition. The abolition of the means test would also give rise to a very significant annual cost. Based on the number of carers identified in Census 2016, it is estimated that a universal carer’s payment could cost in the order of an additional €1.2 billion per annum. Increased expenditure on this scale would fundamentally change the nature of financial support and clearly reduce the scope to fund other critical schemes and services.

As part of Budget 2022, I introduced significant improvements to the means test for Carer's Allowance, in recognition of the vital role that carers play in society. These were the first changes to the means test in 14 years:

- The capital and savings disregard for the Carer’s Allowance means assessment was increased from €20,000 to €50,000, aligning it with that which applies for Disability Allowance.

- For carers who work, the weekly income disregard was increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner.

The changes outlined came into effect on 2 June and many carers who up to now did not qualify for a payment due to means will now be brought into the Carer's Allowance system for the first time.

The current Carer's Allowance disregards are the most generous income disregards in the social welfare system and mean that, in the case of a couple, earnings of up to €39,000 a year are disregarded.

In addition to Carer's Allowance, my Department also provides a non-means tested payment to carers in the form of Carer’s Benefit. Furthermore, the Carer's Support Grant - which I increased to its highest-ever rate of €1,850 - is available to carers who are not on a social welfare payment. For those providing ongoing care and attention for a child aged under 16 with a severe disability, Domiciliary Care Allowance is available and is not means-tested.

More recently, as part of Budget 2023, I announced a range of measures directly benefitting family carers, particularly in light of the current cost of living crisis. These include:

- A Cost of Living Double Payment to carers paid in week commencing 17 October,

- A €500 Cost of Living payment for people receiving Carer’s Support Grant which will be paid this week,

- Carers will also receive the Christmas Bonus Double Payment in week commencing 5 December,

- A €12 increase in the maximum rate of Carer’s Allowance and Carer’s Benefit with effect from January 2023 with proportionate increases for people receiving a reduced rate,

- A €2 increase for each Qualified Child bringing rates to €50 for Over 12s and €42 for Under 12s from January 2023,

- The Half-rate Carer’s Allowance will be disregarded in the means assessment for Fuel Allowance with effect from January 2023,

- Domiciliary Care Allowance will increase by €20.50 to €330 per month with effect from January 2023, and

- Domiciliary Care Allowance will be available in respect of children with severe illness or disability who remain in hospital for up to six months after birth.

I can assure the Deputy that I will continue to keep the range of supports provided by this Department under review and consultations with carer’s representative groups will continue to ensure that the overall objectives of the carer income support schemes provided are met. However, any changes to the current carer income supports provided by this Department would have implications for overall spending and would need to be addressed in an overall budgetary context.

I trust this clarifies the matter for the Deputy.