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Tuesday, 25 Jun 2024

Written Answers Nos. 150-170

Public Sector Pensions

Questions (150)

Seán Haughey

Question:

150. Deputy Seán Haughey asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the details of the changes to public service pensions introduced for pre-1995 public servants; the number of public servants affected by these changes; and if he will make a statement on the matter. [27124/24]

View answer

Written answers

In 1995, the Government decided that full social insurance should be extended to all newly appointed civil and public servants and that they should pay a full Class A social insurance contribution.  Where a public servant is fully insured, their occupational pension is integrated with the State Pension i.e. account is taken of any Social Insurance benefits payable. The main difference between pre-1995 and post-1995 public service pensions, is that, in general, post-1995 occupational pensions are integrated with social insurance benefits such as the state pension contributory (SPC). For all public servants who are fully insured (Class A PRSI) and who have been appointed before 1 January 2013 (introduction of Single Scheme) pension payment comprises of three components: 

Public Service Occupational Pension payable by the public service employer from Voted expenditure, the calculation of which takes account of Social Insurance benefits that may be payable to the individual,

Social Insurance Benefit(s) (Jobseeker’s Benefit, State Pension Contributory (SPC) etc.), payable, subject to eligibility, by the Department of Social Protection (DSP) from the Social Insurance Fund and

Where the full rate of SPC is not payable, an occupational supplementary pension may be payable, subject to eligibility, to bring the total pension package up to the equivalent of a non-integrated pension i.e. a pension based on 1/80th per year of service to max of 40 years. The occupational supplementary pension is payable, by the public service employer from Voted expenditure. 

Where the recipient of an integrated public service pension does not qualify for a social insurance benefit or qualifies at less than the value of the full State Pension Contributory (SPC) they may be entitled to an occupational supplementary pension subject to meeting certain criteria. The occupational supplementary pension is not paid automatically; the public service pensioner must apply for an occupational supplementary pension.  The public service pensioner must have reached minimum pension age in accordance with their pension scheme rules and be in receipt of their occupational pension.  In addition, the grant of an occupational supplementary pension is conditional upon a number criteria as follows:

The individual must not be engaged in full time paid employment;

The individual must not qualify for social insurance benefit or fail to qualify for such benefit at the maximum rate; and

The failure to qualify for a social insurance benefit must be due to causes outside his or her control. 

The second condition is important to ensure no duplication of payments from public funds. To verify this condition, prior to payment of the occupational supplementary pension, a retired public servant must engage with the Department of Social Protection and obtain proof that they have exhausted any relevant benefits for which they may be eligible under the social insurance system.Currently there are less than 5,000 public service pensioners in receipt of an occupational supplementary pension, but this is expected to increase over the coming years as more fully insured public servants reach minimum pension age.If you have any further questions in relation to these matters, I would be happy to provide any additional clarification needed.

Freedom of Information

Questions (151)

Fergus O'Dowd

Question:

151. Deputy Fergus O'Dowd asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the number of contracted staff, full-time and part-time, employed by his Department, and by any body or entity under the aegis of the Department, who are specifically assigned to processing freedom of information requests (details supplied), in each of the past three years; the Civil Service grade of each; the number of freedom of information requests dealt with by his Department, or any body or entity under its aegis, in each of the past three years; and if he will make a statement on the matter. [27238/24]

View answer

Written answers

The information requested by the Deputy in respect of my Department and the bodies under its aegis is set out in the tables below.  It is important to note that the staff listed in the first table would typically work in FOI Units but some would also have duties other than the processing of FOIs. 

Public Body

No. of full / part time staff working in FOI Units 2021

No. of full / part time staff working in FOI Units 2022

 No. of full / part time staff working in FOI Units 2023

Grades

Department of Public Expenditure, NDP Delivery and Reform

3

3

3

1 AP (shared with Corporate Support), 1 HEO, 1 EO

Office of Public Works

2

2

2

1 HEO, 1 EO

State Laboratory 

1

1

1

1 Principal Chemist

Office of the Regulator of the National Lottery 

2

2

2

1 AP, 1 HEO

National Shared Services Office 

1

1

1

1 AP in 2021 (then replaced by 1 HEO)

Office of the Ombudsman

1

1

1

1 AP

Office of the Information Commissioner

1

1

1

1 HEO

Office of the Commissioner for Environmental Information 

1

1

1

1 HEO

Standards in Public Office Commission

1

1

1

1 AP

Commission for Public Service Appointments

1

1

1

1 AP

Office of the Protected Disclosures Commissioner

1

1

1

1 AP

The number of Freedom of Information requests received by my Department and the bodies under its aegis is as follows:

Public Body

Number of FOI requests 2021

Number of FOI requests 2022

Number of FOI requests 2023

Department of Public Expenditure, NDP Delivery and Reform

266

224

249

Office of Public Works

105

90

137

State Laboratory 

4

5

4

Office of the Regulator of the National Lottery 

14

18

9

National Shared Services Office

10

10

13

Office of the Ombudsman

32

36

33

Office of the Information Commissioner

14

13

10

Office of the Commissioner for Environmental Information

0

3

1

Standards in Public Office Commission

39

45

69

Commission for Public Service Appointments

5

6

3

Office of the Protected Disclosures Commissioner

0

0

2

Business Supports

Questions (152)

Fergus O'Dowd

Question:

152. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment if a query regarding the rent freeze during Covid will be examined (details supplied); and if he will make a statement on the matter. [26949/24]

View answer

Written answers

The issue of commercial rents is a contractual matter for the parties involved.  In October 2020, my Department published a Code of Conduct between Landlords and Tenants for Commercial Rents as a voluntary framework to facilitate discussions between landlords and tenants impacted by COVID-19. It sets out a structured approach for engagement between both commercial landlords and tenants, based on their mutual interest in continuing to work together. While the Code has since expired, it still provides a good framework for discussion between both parties and is available on my Department’s website. Apart from the Code, during the COVID-19 pandemic, the Government put in place a comprehensive package to help businesses and workers, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.  These supports, in particular the CRSS, acknowledged that affected businesses needed time and space to restructure and resume activity, without the added pressures of trying to repay legacy debts, such as commercial rents, when revenues are just beginning to return.The matter of legal protections for businesses who are unable to pay their commercial rents was raised with the Attorney General in 2020. In the response received, the Attorney General advised that there are significant legal difficulties in respect to both a moratorium on evictions and on payment of commercial rents. The difficulties stem from a variety of legal bases including statutory, constitutional, contract and common law. The Attorney General also noted the existing arrangements that are already in place in the commercial lease agreements to deal with disputes (alternative dispute resolution mechanisms) should this be required.Commercial leases, and any breaches of same, are dealt with under the Land and Conveyancing Law Reform Act, 2009 and the Landlord and Tenancy (Amendment) Act, 1994, which are both under the remit of the Department of Justice.

Business Supports

Questions (153)

Seán Sherlock

Question:

153. Deputy Sean Sherlock asked the Minister for Enterprise, Trade and Employment if there is flexibility for businesses seeking to avail of the increased cost of business scheme grant if they pay rates to a landlord rather than to a local authority. [26819/24]

View answer

Written answers

As the Deputy will be aware, I announced the reopening of the ICOB grant scheme from May 15th until May 29th.  This was to ensure those business owners who missed the original deadline had the opportunity to register. 

I also made a change to the scheme that allows for a second payment to be made to businesses in the hospitality and retail sectors, or for a double payment to businesses in those sectors.An important aspect of the ICOB grant scheme has been to directly involve the Local Authorities in the authorisation and payment processes, as they are closest to the commercial life within their cities and counties and work in the provision of supports to smaller enterprises via the Local Enterprise Offices.  This is one reason why eligibility is in part determined by the rates system which is a good proxy for determining the scale and size of businesses.Businesses who are tenants could register as long as they are the rate payer.  It has been brought to my attention that some businesses have entered into arrangements with their landlords whereby the rent payable includes an amount towards rates, and their rates bill is in turn satisfied by the landlord.  The legal position, (under section 4 of the Local Government Rates and Other Matters Act 2019, as well as the amendments introduced through the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023) is that tenants whose rent incorporates their rates obligation and is remitted by the landlord cannot be deemed to be the ratepayer.The Deputy will appreciate that it would be inappropriate for me to attempt to interfere with existing commercial arrangements between small businesses and their landlords, in the context of the Increased Cost of Business Scheme. The priority has been to ensure that as many businesses as possible receive the money as quickly as possible.

Work Permits

Questions (154)

Michael Healy-Rae

Question:

154. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment the status of a work permit for a person (details supplied); and if he will make a statement on the matter. [26821/24]

View answer

Written answers

The Employment Permits Section of my Department informs me that an application for a general employment permit for this person was received on 27th May 2024. On 29th May 2024 the application was formally accepted and placed in the processing queue.

Applications for employment permits are dealt with in date order. As of 18th  June 2024, the Employment Permits Section are processing new applications in respect of standard employers which were received on 7th May 2024. Therefore, it is expected that the application concerned will be considered shortly.

The Employment Permits processing times are updated on a weekly basis at the following link: https://enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates/.

There is also an Online Status Update Enquiry - where details on a particular application can be found on the following link: enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/.

Business Supports

Questions (155)

Jim O'Callaghan

Question:

155. Deputy Jim O'Callaghan asked the Minister for Enterprise, Trade and Employment the number of businesses that successfully applied for the increased cost of business scheme grant, by each local authority, in tabular form; and if he will make a statement on the matter. [26824/24]

View answer

Written answers

As the Deputy will be aware, I announced the reopening of the ICOB grant scheme from May 15th until May 29th.  This was to ensure those business owners who missed the deadline had another opportunity to register.  

I also made a change to the scheme that allows for a second payment to be made to businesses in the hospitality and retail sectors, or a double payment for businesses in those sectors that registered during the extension. 

Over €102 million has now been paid to businesses by Local Authorities.

I attach the following table as at 10am Monday 24th June:

Local Authority

Registrations

Properties

Approvals

Value of Payments

Carlow County Council

1008

1168

1005

€2,009,419

Cavan County Council

1210

1351

999

€1,359,618

Clare County Council

2045

2444

1364

€2,124,545

Cork City Council

4097

4418

3434

€8,483,837

Cork County Council

5511

5969

2112

€4,055,354

Donegal County Council

2470

2850

1674

€3,032,613

Dublin City Council

7978

8755

4604

€8,379,144

Dun Laoghaire-Rathdown County Council

2664

2795

1955

€5,532,790

Fingal County Council

3029

3244

1694

€4,035,371

Galway City Council

1942

2127

1977

€4,773,062

Galway County Council

1939

2211

1862

€3,355,360

Kerry County Council

2583

2805

1041

€1,741,053

Kildare County Council

3174

3279

2959

€5,802,555

Kilkenny County Council

1489

1696

1505

€2,575,901

Laois County Council

956

1065

637

€1,317,778

Leitrim County Council

493

548

445

€613,689

Limerick City and County Council

3141

4002

3253

€6,484,915

Longford County Council

787

938

853

€1,283,532

Louth County Council

2015

2460

1308

€2,531,937

Mayo County Council

2617

2785

1260

€2,598,537

Meath County Council

2571

2727

959

€1,703,133

Monaghan County Council

1258

1464

1316

€1,932,909

Offaly County Council

1043

1189

915

€1,422,804

Roscommon County Council

1066

1102

887

€1,367,836

Sligo County Council

1038

1141

975

€1,719,093

South Dublin County Council

3093

3706

2010

€5,441,851

Tipperary County Council

2580

3107

1316

€2,070,764

Waterford City and County Council

2149

2454

2041

€4,126,016

Westmeath County Council

1433

1623

1570

€2,649,440

Wexford County Council

2735

2961

2830

€5,353,111

Wicklow County Council

2100

2405

1686

€2,784,847

Totals

72,214

80,789

52,446

€102,662,812

Employment Rights

Questions (156)

Bríd Smith

Question:

156. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if workers in the security industry are guaranteed pay rises, as per the employment regulation order (details supplied); and if he will make a statement on the matter. [26837/24]

View answer

Written answers

On the 14th June 2024, I confirmed that I intend to sign a new Employment Regulation Order for the security industry.The Order for the new ERO will commence on 1 July 2024 and will provide for a new minimum rate of pay of €14.50 per hour for workers in the sector from that date onwards. It is applicable to all workers in the specified sector.  Employers are obliged to pay wage rates and provide conditions of employment not less favourable than those prescribed in the ERO from that date.Any breaches of an ERO may be referred to the Workplace Relations Commission for appropriate action. It is clearly an independent matter as to whether any party wishes to challenge such an Order in the Courts.

Work Permits

Questions (157)

Louise O'Reilly

Question:

157. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment when the new IT system to allow workers employed using the work permit system to a change of employer will be in place. [27084/24]

View answer

Written answers

The Employment Permits Bill 2022 has been passed by both Houses of the Oireachtas and will be signed into law in the coming weeks. The Bill represents the biggest reform to employment permits legislation since the 2006 Act and will result in many positive changes to Ireland’s economic migration policy. The improvements in the Bill will allow for a more flexible employment permits system as well as ensuring employee rights are maintained. Among the changes is a provision allowing an employment permit holder to transfer their permit to another employer.Operational arrangements to give effect to the provisions of the new bill are being assessed and will be progressed once the Bill is enacted.

Company Closures

Questions (158, 159)

Leo Varadkar

Question:

158. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment to provide the numbers on the opening of new retail businesses and closure of such businesses; and whether there is any evidence of an increase in net or gross closures, in tabular form. [27103/24]

View answer

Leo Varadkar

Question:

159. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment to provide the numbers on the opening of new hospitality businesses and closures of such businesses; and whether there is any evidence of an increase in closures, net and gross, in tabular form. [27104/24]

View answer

Written answers

I propose to take Questions Nos. 158 and 159 together.

At the outset, I should clarify that the information available to my Department relates to companies registered with the Companies Registration Office (CRO). This does not include businesses operating as sole traders or unincorporated entities. 

Businesses can close for a variety of reasons and the information available to the CRO relates to company filings of those who wish to be voluntarily struck off the companies register and those notifying the CRO when entering liquidation. Voluntary strike-off is available where a company either ceases to trade, or has never traded, has no assets in excess of €150 and has no outstanding creditors. It should be noted that liquidation cover situations where a company may be solvent, and pursue a Members’ Voluntary liquidation, or insolvent and is subject to a Creditors’ voluntary liquidation or a Court ordered liquidation.  

At incorporation, companies are required to indicate the relevant NACE code describing their intended activity and any subsequent change of activity does not need to be notified to the CRO. There are a range of activities relevant to the retail and hospitality sectors, each with their own individual NACE code, and these are aggregated in the totals below.

   -

Jan – May 2024

Jan – May 2023

Retail

Hospitality

Retail

Hospitality

Incorporations

528

629

517

651

 

 

 

 

 

Voluntary strike-offs

117

100

178

109

 

 

 

 

 

Total Liquidations

comprised of :

Members Voluntary

Creditors Voluntary

Court ordered

51

 

21

30

0

55

 

26

28

1

53

 

27

26

0

70

 

14

55

1

 

 

 

 

 

Net change (+/-)

360 (+)

474 (+)

286 (+)

472 (+)

In the retail sector, 528 new companies were incorporated in the first five months of 2024 which is slightly ahead of same period in 2023. In the same period, there were 51 liquidations in the retail sector. This indicates a ratio of 10.4 new retail companies being incorporated for every liquidation in the sector. Of the 51 liquidations, 30 are considered to be insolvent liquidations compared to 26 in the first five months of 2023. Overall, there was a net increase of 360 companies in the retail sector in the January to May period in 2024 compared to a net increase of 286 for the same period in 2023.

In the hospitality sector, 629 new companies were incorporated in the first five months of 2024, which marks a marginal decrease of 3.4% (22) relative to the same period in 2023. From January to end-May 2024, there were 55 liquidations in the hospitality sector. This indicates a ratio of 11.4 new hospitality companies being incorporated for every liquidation in the sector. Of the 55 liquidations, 29 are considered to be insolvent liquidations which is a decrease of 27 (49%) relative to the first five months of 2023. Overall, there was a net increase of 474 companies in the hospitality sector in the January to May 2024 period compared to a net increase of 472 for the same period in 2023.

Question No. 159 answered with Question No. 158.

Company Closures

Questions (160)

Pat Buckley

Question:

160. Deputy Pat Buckley asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the concerns that a company (details supplied) may be closing some of its operations in Cork, if he will investigate the matter and put in place plans to support workers. [27127/24]

View answer

Written answers

Stryker are a valued and long-standing employer in Ireland, having first established here in 1998 and now employing over 5,000 people across 7 sites in Limerick and Cork. The IDA have a strong working relationship with Stryker, both in Ireland and at corporate level in the United States.  In this regard, my Department has been informed that there are no job losses proposed for the company's operations in Cork.

Ticket Booking Fees

Questions (161)

Pat Buckley

Question:

161. Deputy Pat Buckley asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the increasing trend of applying dynamic or surge pricing models in the sale of tickets for music and sport events, particularly through a company (details supplied); if consideration has been given to the possibility that this upward changing in prices during the sale period may be in contravention of the provisions of existing legislation, including the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021; and if he will make a statement on the matter. [27152/24]

View answer

Written answers

Consumer rights are protected for purchasing tickets for concerts or sporting events under the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021. The Act regulates the secondary ticket market where tickets are resold after their original purchase from the primary ticket market and where tickets are more likely to be sold above their original sale price, by prohibiting the sale or advertising for sale, of tickets for price exceeding the original sale price for designated events or events taking place in designated venues.Primary ticket sellers do not fall within the remit of the Sale of Tickets Act 2021.  Primary tickets are allocated for sale to primary online platforms by event partners, which includes among others, event organisers, promoters, venues, artists/performers and agents.  Event partners determine the conditions around the sale, availability and release of the tickets.  Generally, traders in Ireland, including ticket sellers, are free to set and change their prices for goods and services, based on demand, once they do so independently and in line with consumer protection law.  Consumer law requires traders to provide certain information to consumers prior to purchase. This includes the total price, inclusive of taxes, allowing consumers to make the informed choice whether to purchase or not.  Consumer law also prohibits businesses from engaging in a misleading commercial practice.  Under the Consumer Protection Act 2007, a commercial practice is regarded as misleading if the trader does not act in good faith and misleads the average consumer into taking an action that she/he may otherwise not undertake.

When offering an item for sale or advertising a product or service, misleading practises could include claims regarding:

• the nature of the product/service

• the main characteristics, including its availability at a particular time, place, or at a particular price

• the price of the product/service, the manner in which the price was calculated or the existence and nature of a specific price advantage, and the legal rights of a consumer.

The 2007 Act also prohibits traders from making a false representation that a product is available only for a limited time, or on particular terms for a limited time, in order to elicit an immediate decision from a consumer, depriving the consumer of sufficient opportunity or time to make an informed choice in relation to the trader’s product.In addition, under the Consumer Information (Advertisements For Concert Or Theatre Performances) Order, 1997, every advertisement for a ticket must show the ticket price and any extra charges payable.The Competition and Consumer Protection Commission (CCPC), the independent statutory body that enforces competition and consumer law under the remit of my Department, continues to promote and monitor compliance with competition and consumer protection laws across all sectors of the market, including ticket sales, and to investigate potential breaches, prohibited practices and offences.  I understand that the CCPC closely monitors the issue of dynamic pricing and indicate that the number of concerts in a year that employ such a model are few.

Industrial Development

Questions (162)

Matt Carthy

Question:

162. Deputy Matt Carthy asked the Minister for Enterprise, Trade and Employment the engagements that he, or any representative of his Department or associated State agencies, have had with management of a company (details supplied) in 2024; the current number of employees at this factory; if he has received any indication of a timeframe as to when this factory will become fully operational; and if he will make a statement on the matter. [27222/24]

View answer

Written answers

The company in question is at an early stage of development and is being supported by Enterprise Ireland (EI) to explore business opportunities in the nutritional powders market. Enterprise Ireland has ongoing contact with the company in this regard.I understand that the process to allow for the commencement of production at the factory is progressing. There are currently a small number of full-time workers employed at the factory. There is an expectation that employment numbers will increase as the business develops.

Freedom of Information

Questions (163)

Fergus O'Dowd

Question:

163. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment the number of contracted staff, full-time and part-time, employed by his Department, and by any body or entity under the aegis of the Department, who are specifically assigned to processing freedom of information requests (details supplied), in each of the past three years; the Civil Service grade of each; the number of freedom of information requests dealt with by his Department, or any body or entity under its aegis, in each of the past three years; and if he will make a statement on the matter. [27230/24]

View answer

Written answers

It has not been possible to compile the requested information in the time available. The requested information will be provided to the Deputy once compiled.

The following deferred reply was received under Standing Order 51.
Letter attached

Special Educational Needs

Questions (164)

Paul Kehoe

Question:

164. Deputy Paul Kehoe asked the Minister for Education if additional funding can be made available to July provision for second-level schools; and if she will make a statement on the matter. [26726/24]

View answer

Written answers

Details of the 2024 Summer Programme were published on the 21st March 2024.  Funding of €40m is available and, as in previous years, all of the funding is utilised to meet the needs of our most vulnerable children.

All schools, including post primary schools, have an opportunity to run a programme over the summer months for those children who need it the most.  These children can continue to be supported, nurtured and encouraged to engage in a fun and inclusive educational setting.

The main priority again in 2024 is that those children with the most complex special educational needs, especially in special schools, should have access to a school-based summer programme. 

All the supports and incentives introduced, both in 2024 and in previous years, have been developed and designed to increase participation by allowing all schools, including those in post primary, to provide the Summer Programme.  These measures are aimed at maximising the number of children who can participate in a school-based programme with a specific focus on ensuring children with the most complex needs receive the targeted support.

More than 1,700 individual expressions of interest have been received from schools seeking to run this year’s Summer Programme – representing the highest-ever uptake of the Summer Programme. Over 1,400 schools participated in the programme in 2023. There are more post primary schools running a programme this year than ever before and we will continue to keep the funding under review to ensure the greatest possible level of participation.

Of the schools registered for the 2024 Summer Programme to date, there are:

• 1,475 primary schools – up 19 per cent on 2023

• 205 post-primary schools – up 28 per cent on 2023

• 72 special schools – up 22 per cent on 2023 and 85 per cent on 2022.

It is further anticipated that the increase in the number of children taking part in these schools will be even higher. Final counts will not be known until all Summer Programmes payment claims have been processed.

The increase in registrations continues the positive upward trend in participation seen in the summer programmes over the last number of years. Over 50,000 children took part in the summer programme last year, compared to 13,000 in 2019.

Schools Building Projects

Questions (165)

Johnny Mythen

Question:

165. Deputy Johnny Mythen asked the Minister for Education for an update on her Department's engagement with the Waterford and Wexford Education and Training Board concerning the potential site constraints contained in the design of two schools (details supplied); if they have been resolved; and if there is any projected date for their completion. [26731/24]

View answer

Written answers

The school to which the Deputy refers, is part of a campus project for two schools in Wexford. The project is devolved for delivery to Waterford and Wexford Education and Training Board (WWETB).

The Design Team for the project are currently progressing through the Stage 1 of the architectural process (preliminary design) and will submit the Stage 1 Report to the Department in due course. Various site surveys are currently being carried out and the design team have commenced stage 1 site options based on initial topographical survey information received to date.

Once this stage is approved, the project will then move to stage 2a (detailed design) and onwards through the architectural design process including detailed design, planning, obtaining the necessary statutory permissions and the preparation of tender documents. The project will then move onward to Tender and Construction in due course.

At this early stage it is not possible to provide a timeline for the completion of the project.

WWETB will be engaging directly with the school authority to keep it informed of progress.

School Staff

Questions (166)

Brendan Howlin

Question:

166. Deputy Brendan Howlin asked the Minister for Education if she will review the decision in relation to a school (details supplied) which is due to lose a mainstream class teacher from the beginning of the next school year, although its enrolment number has increased by ten since September 2023; and if she will make a statement on the matter. [26733/24]

View answer

Written answers

The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. 

The staffing process contains an appeals mechanism for schools to submit a staffing appeal under certain criteria to an independent Primary Staffing Appeals Board.  

The appeal submitted by the school referred to by the Deputy has been deemed ineligible by the Appeals Board, as the grounds of the appeal did not meet the appeal criteria published in Circular 0011/2024.  The Appeals Board operates independently of the Department and its decision is final.

School Staff

Questions (167)

Rose Conway-Walsh

Question:

167. Deputy Rose Conway-Walsh asked the Minister for Education what supports are in place for financial assistance for teachers and/or SNAs who have suffered injury while working, such as in the case of a person (details supplied); and if she will make a statement on the matter. [26746/24]

View answer

Written answers

I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, in relation to supports for Teachers and Special Needs Assistants on foot of an assault in the course of their work.  

In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety. 

While the Department of Education has statutory functions in the setting of terms and conditions for teachers and Special Needs Assistants, the Department of Education is not the employer.   

The Department of Public Expenditure, NDP Delivery and Reform (DPENDR) determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs. In this regard, the limits imposed in the Assault Leave Circular for Teachers was agreed with Education Partners in conjunction with DPENDR.  

The Leave of Absence following Assault Scheme is contained in the Department’s Circular Letter  0061/2017 for teachers and 0062/2017  for SNAs.  It provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.  

The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. 

A Teacher/SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.  

The Employee Assistance Service , which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs. The freephone confidential helpline is 1800 411 057 and is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions).  If the EAS recommends additional short-term counselling sessions with the teacher or SNA, the Department can facilitate this request.

Special Educational Needs

Questions (168)

Paul Murphy

Question:

168. Deputy Paul Murphy asked the Minister for Education the handwriting assessment that would be accepted by a primary school as the basis to use a laptop (details supplied). [26759/24]

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Written answers

Under the Assistive Technology Scheme, as set out in my Department’s Circular 0010/2013, funding is provided to schools towards the cost of computers and specialist equipment, which are required for educational purposes.

All equipment provided under this scheme supports children with more complex disabilities who, in order to access the school curriculum, require essential specialist equipment.

Before applying for an Assistive Technology Grant, it must be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs. Where necessary, schools may also purchase new or additional equipment or software for students from normal school resources or funds.

In order to qualify for equipment under the Assistive Technology Scheme, a student 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 student to access the curriculum.

My Department does not recommend any assessment of handwriting in particular to be accepted by schools. Schools will submit an Assistive Technology application based on information and relevant professional reports they receive about students enrolled. The recommendation for equipment will be based upon accompanying professional reports, as necessary and as set out in Section 4 of Circular 0010/2013, from relevant professionals, such as Educational Psychologists, Occupational Therapists, Speech and Language Therapists etc. Professional reports should also clearly identify how, when, and in what way the recommended equipment will be used. The school will also have its own in school programme regarding development of handwriting and appropriate use of IT within the school.

It is open to schools/parents to contact SENOs directly to discuss their child’s special educational needs, using the contact details available at: www.ncse.ie/seno-contact-information.

Site Acquisitions

Questions (169)

Alan Dillon

Question:

169. Deputy Alan Dillon asked the Minister for Education for an accurate timeline on a site acquisition (details supplied); and if she will make a statement on the matter. [26763/24]

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Written answers

Following this extensive site identification and assessment exercise, a number of potential site options have been shortlisted for further consideration. This includes more detailed technical and economic appraisals of these potential site options.

The Department is working towards securing the most suitable site for this school while ensuring value for money for the exchequer is achieved.

The site acquisition process is complex and subject to completion of successful negotiation and conveyancing processes. While it is not possible to give a definitive timeframe for the completion of the acquisition at this stage, department officials will endeavour to bring the process to a conclusion as soon as possible.

Schools Building Projects

Questions (170)

Cormac Devlin

Question:

170. Deputy Cormac Devlin asked the Minister for Education to provide an update on a building project (details supplied); and if she will make a statement on the matter. [26801/24]

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Written answers

I wish to advise that new schools are established by the Department on the basis of identified demographic demand in an area, and only after consideration of the capacity of existing schools to absorb the expected school place demand. 

In order to plan for school provision and analyse the relevant demographic data, the Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, including CSO Census data, Child Benefit and school enrolment data, to identify where the pressure for school places across the country will arise and where additional school accommodation is needed at primary and post-primary level. 

Major new residential developments have the potential to alter the demand for school places at a local level. In that regard, as part of the demographic demand analysis, my Department monitors planning and construction activity in the residential sector.

This involves the analysis of data sources from Local Authorities and the CSO along with the engagement with local authorities and the construction sector. In this way, up-to-date information on significant new residential developments is obtained and factored into the demographic analysis exercise.

This is necessary to ensure that schools infrastructure planning is keeping pace with demographic changes, at a local level, where there is a constantly evolving picture with planned new residential development. 

The planned establishment of a new post-primary school in 2021 to serve the Cherrywood SDZ which is in the Sallynoggin/Killiney/DLR school planning area was announced in 2018 as a result of a countrywide demographic exercise. 

Further analysis has since been conducted on the necessity for the establishment of planned new schools taking into account a number of factors including the pace of delivery of the expected additional residential development in the school planning areas, associated enrolments and the capacity in existing schools in the areas. 

The Department is satisfied that the existing demand can be accommodated at present by the existing and growing schools in the school planning areas. As a result, the establishment of the planned new schools has been deferred.

Since 2011, new arrangements have been in place for the establishment of new schools involving the forecasting of demand for school places based on demographic exercises carried out by the Department. New schools are only established in areas of demographic growth as the resources available for school infrastructure have to be prioritised to meet the needs of areas of significant population increase so as to ensure that every child has a school place.   

These arrangements also give an opportunity to patrons to apply for the patronage of new schools. The criteria used in deciding on the patronage of new schools place a particular emphasis on parental patronage and language preferences and an analysis of existing provision in the areas where the schools are being established. This approach is underpinned by a 2011 Government Decision. 

The patronage process is open to all patron bodies and prospective patrons. An Online Patronage Process System (OPPS) has been in operation under the Department since 2018 and provides objective information to parents in the relevant school planning areas to assist them in making an informed choice about their preferred model of patronage and language of instruction for the new school. 

When the Department announces that a new school(s) entity is required, a prospective patron can choose the school(s) it wishes to apply for and complete an application form in that regard for each school, for submission to the Department.  The Department provides details on the OPPS of the school(s) and the list of applicant patrons which have applied for patronage of the school(s). 

Parents can then access the OPPS website, which allows them to access the appropriate survey for their area, to input the details of the eligible child(ren) and to select their preferred patron and language of instruction (with the exception of the Irish-medium primary Gaelscoileanna which have been designated as Irish-medium prior to the opening of the OPPS - in the case of these schools, parents can select their preferred patron).

Parental preferences, as well as other considerations such as the extent of diversity of provision in an area (including Irish-medium provision), are key to the decision-making process and to whether at post-primary level a school would take the form of a Gaelcholáiste or whether, if English-medium, the school would include an Irish-medium unit or "Aonad".   

The patronage process for new schools is overseen by an external independent advisory group, the New Schools Establishment Group (NSEG). This Group was set up in 2011 to advise the Minister on the patronage of new schools. Following their consideration of the Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision.  The assessment reports and the NSEG recommendations for all such patronage processes are made available on the education section of the gov.ie website. 

The pace of delivery of additional residential development in the school planning areas, along with updated enrolment data and demographic data will be kept under review and this will inform the timing of school requirements. The Department will continue to liaise with the Local Authorities in respect to the projected completion of planned residential developments.

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