Written Answers Nos. 139-158
139. Deputy Sorca Clarke asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if the Public Appointments Service will run a general civil service competition for persons with fluency in Irish at executive officer level during Quarter 4 2024 [37836/24]
Amharc ar fhreagraI am informed by the Public Appointments Service that Publicjobs propose to launch a new competition for Executive Officers with fluency in the Irish Language in Q4 2024. It is expected to be advertised in early October.
140. Deputy Verona Murphy asked the Minister for Public Expenditure, National Development Plan Delivery and Reform the status of the flood relief scheme for Enniscorthy, County Wexford. [37867/24]
Amharc ar fhreagraIn March 2020, the Enniscorthy Food Defence Scheme (“the Scheme”) was submitted by the Office of Public Works (OPW) to the Minister for Public Expenditure, NPD Delivery and Reform for statutory confirmation, under the provisions of the Arterial Drainage Acts 1945 and 1995. The main elements of the proposed Scheme included construction of flood defence walls, river channel widening and deepening, construction of a new road bridge over the River Slaney, and construction of a new pedestrian bridge to replace the removal of the existing Seamus Rafter Bridge. In March 2022 the Minister for Public Expenditure, NPD Delivery and Reform made a decision to refuse this Scheme under Section 7E(1)(B) of the Arterial Drainage Act.
Since March 2022 there has been extensive engagement between the OPW and Wexford County Council (WCC), who are the contracting authority for the Scheme. In Q4 2023, WCC submitted a proposed strategy for the progression of the Scheme to the OPW. The proposed strategy, which was approved by the OPW, comprises two phases for the delivery of the Scheme (i.e. Phase 1 Bridgeworks and Phase 2 Flood Relief Works).
Phase 1 of the Scheme will include the construction of the new River Slaney Bridge, the construction of a new pedestrian bridge and the removal of the Seamus Rafter Bridge, which poses an obstruction to river flow through the town centre during flood events. Phase 2 of the Scheme will include the construction of the remaining flood relief measures for Enniscorthy town.
The Project Steering Group is currently progressing design options for Phase 1 and it is envisaged that a planning application will be submitted to An Bord Pleanála (“the Board”) in Q3 2025. To facilitate a submission to the Board, the relevant environmental surveys are currently being updated and an Environmental Impact Assessment Report and a Natura Impact Statement will be prepared. Additionally, a public consultation will take place in the coming months. With regards to Phase 2 of the Scheme, WCC and the OPW are currently finalising a Project Brief in order to issue a tender for the appointment of a consultant. The Project Brief is in its final stages of development and it is expected to go to tender in Q4 2024. Once a consultant is appointed, the design options for Phase 2 will be progressed.
The OPW and WCC remain committed to the progression of this Scheme, which currently has an approved total project budget of approximately €51m, which will be funded under the Government’s €1.3bn for flood relief measures under the National Development Plan to 2030.
141. Deputy Mattie McGrath asked the Minister for Public Expenditure, National Development Plan Delivery and Reform to provide information in relation to the development and construction of the new Clonmel Garda station in Kickham Barracks, Clonmel, and the potential changes it will make to the existing public civic plaza at the same location; and if he will make a statement on the matter. [37884/24]
Amharc ar fhreagraI am informed by the Office of Public Works that additional time is needed to collate the information requested by the Deputy. My officials will collate the information and reply directly to the Deputy as soon as possible.
142. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment the status of a visa application by a person (details supplied); and if he will make a statement on the matter. [37379/24]
Amharc ar fhreagraThe Employment Permits Section of the Department informs me that a Critical Skills Employment Permit application for the person concerned in the details supplied was received on the 28th of August 2024 and the application was placed in the processing queue on the 29th of August 2024.
On the 2nd September, the Critical Skills Employment Permit application was refused, as the minimum annual remuneration on offer was under €64,000 which is a requirement for this permit type if the role on offer is not listed on the Critical Skills Occupations List. The remuneration being offered in this case was €48,000.
A request for a refund of 90% of the fee paid in respect of the application was received on the 16th of September 2024 and has been processed.
143. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment the progress that has been made in relation to an issue (details supplied); and if he will make a statement on the matter. [37389/24]
Amharc ar fhreagraSince the last update provided to the Deputy on 21 March 2024, the General Scheme of the Protection of Employees (Employers' Insolvency) (Amendment) Bill 2024 was approved by Government on 28 May 2024.
The Bill will make changes to the Insolvency Payments Scheme. These changes include:
• expanding access to the Insolvency Payments Scheme to protect employees of employers who cease trading without entering into liquidation, receivership or bankruptcy, and
• providing access to the Scheme to employees with similar historical claims which arose in the period from October 1983 up to the commencement of the Bill. Applications will be open for two years following commencement of the Bill.
The Bill was referred to the OPC on 31 May 2024. The Bill is listed as a priority for drafting during the Autumn term.
144. Deputy Carol Nolan asked the Minister for Enterprise, Trade and Employment the total number of freedom of information requests submitted to his Department in 2022, 2023 and to date in 2024; the total number of such requests that were rejected in their entirety; and if he will make a statement on the matter. [37593/24]
Amharc ar fhreagraMy Department is committed to being transparent and providing ease of access to information and records where ever possible. Where practicable, my officials will endeavour to redact a version of a record as opposed to refusing a request in its entirety.
When a request is refused, it may be due to a number of different reasons. For example, it may be necessary to safeguard sensitive information, including but not limited to personal information, information obtained in confidence as well as commercially sensitive information.
The number of Freedom of Information requests received and refused in my Department for the period 2022 to date is set out in tabular format below.
|
Year |
Total Requests |
Refusals |
|
2022 |
313 |
37 |
|
2023 |
286 |
40 |
|
2024 to date |
243 |
24 |
145. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment the supports available for small businesses that are still struggling with high energy costs; if additional supports will be introduced; and if he will make a statement on the matter. [37776/24]
Amharc ar fhreagraThe Government has brought forward a substantial range of measures to reduce costs and enhance support for small businesses. This includes changes to the Local Enterprise Office Energy Efficiency Grant.
The Energy Efficient Grant (EEG) supports capital investment by businesses to reduce their carbon emissions and overall energy costs by accelerating the adoption of low carbon technologies or processes identified through a Green for Business or SEAI Energy Audit.
As part of the recent SME Package, the maximum amount available under the Energy Efficiency Grant Scheme has been increased. Any business with up to 50 employees, who has completed one of the named prerequisite consultancy or audit programmes is eligible for the EEG. The grant now offers 75% of project costs, up to a maximum of €10,000. These improved conditions are available since 12th July.
The EEG can fund practical measures to help a business reduce their long term energy costs including upgrading to LED lighting, replacing heat pumps, and upgrading refrigeration units, ovens and dishwashers. The EEG can also fund heat recovery and smart energy controls among other steps.
Any businesses interested in applying for this scheme or any of the many other business supports should contact their Local Enterprise Office for further information, as the LEOs are best placed to advise regarding eligibility.
To further assist small business with the increased cost of business my Department launched the Increased Cost of Business (ICOB) Scheme in March this year. To date over 81,000 businesses have benefited from the scheme with a total to date of €240 million paid to businesses.
Furthermore, the National Enterprise Hub (NEH) which I launched in July, provides business owners with a centralised signposting service for over 180 Government supports in areas such as decarbonisation, digitalisation, skills development and innovation.
The NEH includes access to a team of expert advisors through a dedicated phone line, live chat and email. These advisors will help to diagnose the needs of the individual business, directing them to the appropriate available supports or indeed put them in direct contact with the relevant agency.
146. Deputy Denis Naughten asked the Minister for Enterprise, Trade and Employment the projects and programmes with his Department which have been allocated funding under the EU's Recovery and Resilience Programme; the funds drawn down to date in each instance; the profiled drawdown in each of the forthcoming years of the programme; the steps he is taking to ensure that projects and programmes are completed within the specified timeframe; and if he will make a statement on the matter. [37784/24]
Amharc ar fhreagraIreland’s National Recovery and Resilience Plan (NRRP) aims to contribute to a sustainable, equitable, green and digital recovery effort, in a manner that complements and supports the Government’s broader recovery effort.
It is in this context that €85 million in funding is being made available to my Department to support the “Digital Transformation of Enterprise” Measure under Ireland’s NRRP. This funding is being focused into:
• The development of the “Grow Digital” portal - through the Digital Transition Fund (DTF)
• Direct supports to enterprise for digitalisation - through the Digital Transition Fund (DTF)
• Four European Digital Innovation Hubs (EDIHs).
As of the end of Q2 2024, 372 direct grant support projects had been approved to the value of €35.5 million under the DTF, with €7.21 million in claims already made with respect to approved projects as of the end of Q2 2024.
As of end of Q2 2024, there has been €6.74 million in expenditure to EDIHs under the Digital Transformation of Enterprise measure of the NRRP.
€55 million is also being made available to my Department to support the “ Green Transition Fund” under Ireland’s NRRP. This funding is for a range of business supports, including:
• vouchers to help companies prepare a plan for the low-carbon and resource efficient economy of the future;
• capital support for companies to invest in decarbonising their manufacturing processes;
• and grants to explore the development of new or improved products, services or processes in the areas of sustainability and decarbonisation.
The Green Transition Fund (GTF) targets manufacturing companies using fossil fuels and incentivises them to adopt Co2 abatement technologies in their processes by focussing on potential cost savings and abatement. This is accomplished through the installation of Energy Metering and Monitoring Control Systems and investment in carbon-neutral, low to medium temperature process heating.
As of the end of Q2 2024, 384 direct grant support projects had been approved to the value of €12.1 million, €1.75 million of which has been paid out to companies under the Green Transition Fund (GTF).
Table 1 sets out the claims made to the end of Q2 2024 across the DTF, EDIHs and GTF, and the projected claims over the coming years across these measures.
My officials are closely monitoring the activity levels and claims across the DTF, EDIHs and GTF and engage on a regular basis with Enterprise Ireland, IDA Ireland and Údarás na Gaeltachta (the three agencies who are administering these schemes for my Department) to identify and take actions as required to ensure appropriate progression is being made.
The European Commission have set out milestones and targets for each of the measures under the NRRP and these milestones and targets must be met by specific dates in order for Ireland to claim funds through the Resilience and Recovery Facility.
My Department is very focused on the delivery of these milestones and targets. Indeed, the milestone for the DTF has already been achieved on time and evidence of completion of this milestone formed part of Ireland’s first Resilience and Recovery Facility payment request to the EU. Evidence of the completion of the milestones for the EDIHs and the GTF will form part of Ireland’s second Resilience and Recovery Facility payment request, which is currently being prepared.
The “Grow Digital” portal, funded under the Digital Transition Fund, was launched in July 2024 and provides a platform that allows enterprise to assess their digital capability and then advise on the supports available to improve their offering through digital technologies.
It is important that Ireland forges ahead with its objectives of delivering the green and digital transitions. My Department is determined to avail of the funding available through the EU’s Resilience and Recovery Facility to support Ireland’s enterprise base in these transitions.
Table 1.
|
- |
Claims made to end of H1 2024 |
Projected claims in H2 2024 |
Projected claims in 2025 |
Projected claims in 2026 |
Projected claims beyond 2026 |
|
Digital Transition Fund |
€7.21 million |
€8.34 million |
€11.6 million |
€13.62 million |
€29.26 million |
|
EDIHs |
€6.74 million |
€2.55 million |
€3.45 million |
€2.22 million |
0 |
|
Green Transition Fund |
€1.75 million |
€3.2m |
€8.3 million |
€10.2 million |
€31 million |
147. Deputy Paul Kehoe asked the Minister for Enterprise, Trade and Employment if he can provide an update or commit to renewing the process on changes to the casual and occasional trading licence legislation dating from 1995 (details supplied); and if he will make a statement on the matter. [37823/24]
Amharc ar fhreagraThe question relates to two separate, albeit related, pieces of legislation. The implementation of the Casual Trading Act, 1995 lies with Local Authorities. The Act empowers Local Authorities to grant casual trading licences and make bye-laws as they see fit, on the control, regulation and administration of casual trading in its own functional area. Neither I as Minister nor my Department have a role in the day-to-day administration of casual trading licences.
Figures available to my Department indicate that approximately 900 casual trading licences were issued by Local Authorities in 2018.
As Minister for Enterprise, Trade and Employment, the Occasional Trading Act 1979 allows me to grant occasional trading permits and approximately 2 occasional trading licences are issued by my Department per annum.
My Department carried out a review of the Casual Trading Act 1995 (CTA) and Occasional Trading Act 1979 (OTA) in 2018. Part of this review included a Public Consultation. An earlier Review was also carried out by the then Competition Authority in 2002. Both reports made recommendations concerning the implementation of the CTA and how it was working. However, this work was completed before COVID. In the meantime, trading and markets in general may have moved on or changed.
Over the intervening years, my Department has delivered on an incredibly busy legislative agenda, including a large swathe of consumer law. Individually, they represent major pieces of legislation aimed at improving consumer protection. However, taken as a suite of measures, the increase and improvement they bring about is considerable.
The Consumer Rights Act 2022 has brought about a number of positive changes for consumers including stronger rights to redress for faulty goods and for the first time, consumers will have the same rights and protections over digital content and digital services, as they have for traditional products and services.
The Representative Actions Act 2023 is the first legislation of its kind in Ireland as it allows for a group of consumers to take an action against a trader to the High Court, using the services a Qualified Entity, for an infringement of their consumer rights.
The Price Indications Directive (PID) tightens up the rules on sales advertising and prevents businesses from misleading consumers when communicating price reductions, which means that any advertised price reduction will have to include the previous price of the product.
The EU Directive on Empowering Consumers for the Green Transition came into force on the 27 March 2024 and is due to be transposed into law by the 27 March 2026. The Directive ensures that companies do not make unsubstantiated green claims on environmental benefits and it ensures that consumers are provided with information on guarantees, as well as information on the repairability of the product, the aftercare service and digital or software updates. The Right to Repair Directive will make it easier for consumers to seek repair instead of replacement and repair services will become more accessible, transparent and attractive.
The General Product Safety Regulation (the GPSR) will come into force on 13 December 2024 and it lays down essential rules on the safety of consumer products placed on the EU market.
Negotiations are currently underway on the amendment of the Alternative Dispute Resolution (ADR) Directive which aims to better serve consumers by amending the ADR framework to fit to digital markets, enhance the use of ADR in cross-border disputes and simplify ADR procedures
Given this legislative agenda, the possible changes in trading and markets post COVID, and the time that has elapsed since the initial review of the CTA and OTA, my Department will need to consider the position again to determine how to best progress this piece of work.
148. Deputy Sorca Clarke asked the Minister for Enterprise, Trade and Employment the number of vacancies, by job title, at the Competition and Consumer Protection Commission as of 18 September 2024; the estimated full year cost of filling each of those vacancies; and when each vacancy will be filled, in tabular form. [37833/24]
Amharc ar fhreagraThe Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for enforcing consumer protection and competition law in Ireland.
The CCPC remit continues to expand with recent legislation agreed at EU level designed to further strengthen protections for consumers and fairness in the operation of online markets. This includes the Digital Services Act (DSA), the Digital Markets Act (DMA), as well as the CCPC being designated as the competent authority for the Data Governance Act (DGA) and designated as the market surveillance of certain products and checking the compliance of services under the European Accessibility Act (EAA). There has been significant additional competition and consumer enforcement powers given to the CCPC by way of legislation such as the Competition Amendment Act which represents the biggest overhaul of competition law in Ireland for a generation. This enhances the ability of the CCPC to tackle cartels, bid rigging in public procurement, anti-competitive practices, and anti-competitive mergers. The Consumer Rights Act 2022 represents the most significant reform of consumer protection law in Ireland in the last 40 years. It updates and strengthens existing Irish consumer law relation to the sale of goods and supply of services, unfair contract terms and consumer information and cancellation rights.
The CCPC’s funding has increased in recent years in light of these additional functions. The CCPC has been allocated €25.7million for 2024.
As of 18 September 2024, the CCPC had 51 vacancies. The CCPC has informed my officials that it is making significant recruitment efforts, for example 26 of these vacancies are currently in the recruitment process. Please see below for further details of the vacancies in the Competition and Consumer Protection Commission:
|
Role Title |
Division |
Timeframe for filling vacancy |
Full Year Cost (including PRSI + Pension) |
|
|
1 |
Director - Adjudication Unit |
Adjudication |
Q4 2024 |
€122,324 |
|
2 |
Head of Unit |
Cartels |
Q1 2025 |
€94,003 |
|
3 |
Investigator / Analyst |
Cartels |
Q1 2025 |
€43,271 |
|
4 |
Senior Investigator |
Cartels |
Q4 2024 |
€67,895 |
|
5 |
Head of Unit - Investigations & Enforcement |
Cartels |
Q1 2025 |
€94,003 |
|
6 |
Assistant Principal - Head of Unit |
Cartels |
Q1 2025 |
€94,003 |
|
7 |
Higher Executive Officer |
Cartels |
Q4 2024 |
€67,895 |
|
8 |
Consumer Enforcement Executive |
Consumer Enforcement Division |
Q3 2024 |
€43,271 |
|
9 |
Consumer Enforcement Executive |
Consumer Enforcement Division |
Q3 2024 |
€43,271 |
|
10 |
Consumer Enforcement Executive |
Consumer Enforcement Division |
Q1 2025 |
€43,271 |
|
11 |
Senior Analyst/Investigator |
Competition Enforcement & Mergers |
Q4 2024 |
€67,895 |
|
12 |
Head of Unit |
Competition Enforcement & Mergers |
Q4 2024 |
€94,003 |
|
13 |
Deputy Director |
Competition Enforcement & Mergers |
Q1 2025 |
€103,184 |
|
14 |
Senior Analyst/Investigator |
Competition Enforcement & Mergers |
Q4 2024 |
€67,895 |
|
15 |
Senior Analyst |
Competition Enforcement & Mergers |
Q4 2024 |
€67,895 |
|
16 |
Senior Analyst Investigator |
Competition Enforcement & Mergers |
Q4 2024 |
€67,895 |
|
17 |
Analyst |
Competition Enforcement & Mergers |
Q4 2024 |
€43,271 |
|
18 |
Analyst |
Competition Enforcement & Mergers |
Q1 2025 |
€43,271 |
|
19 |
Head of Website and Digital Content |
Communications |
Q4 2024 |
€94,003 |
|
20 |
Deputy Director |
Communications |
Q4 2024 |
€103,184 |
|
21 |
Outreach & Events Executive |
Communications |
Q4 2024 |
€43,271 |
|
22 |
Financial Education Manager |
Communications |
Q1 2025 |
€67,895 |
|
23 |
Communications manager |
Communications |
Q4 2024 |
€67,895 |
|
24 |
Corporate Comms Executive |
Communications |
Q4 2024 |
€43,271 |
|
25 |
Financial Education Manager |
Communications |
Q1 2025 |
€67,895 |
|
26 |
Financial Education Manager |
Communications |
Q1 2025 |
€67,895 |
|
27 |
Social Media and Communications Executive |
Communications |
Q4 2024 |
€43,271 |
|
28 |
Consumer Protection Manager - Digital Markets & Platforms |
Consumer Protection Division |
Q4 2024 |
€67,895 |
|
29 |
Consumer Protection Manager - Strategic Engagement & Consumer Insights |
Consumer Protection Division |
Q4 2024 |
€67,895 |
|
30 |
Consumer Protection Executive |
Consumer Protection Division |
Q3 2024 |
€43,271 |
|
31 |
Head of Digital Solutions (ICT) |
Corporate Services Division |
Q4 2024 |
€94,003 |
|
32 |
Executive Officer ICT |
Corporate Services Division |
Q3 2024 |
€43,271 |
|
33 |
Corporate Services Officer |
Corporate Services Division |
Q4 2024 |
€35,171 |
|
34 |
Principal Officer |
Data Regulation Division |
Q2 2025 |
€122,324 |
|
35 |
Higher Executive Officer |
Data Regulation Division |
Q3 2025 |
€67,895 |
|
36 |
Executive Officer |
Data Regulation Division |
Q3 2025 |
€43,271 |
|
37 |
Director - ECC- IE |
European Consumer Centre Function |
Q2 2025 |
€122,324 |
|
38 |
Head of Unit |
Forensic Technology and Data Analytics Division |
Q2 2025 |
€94,003 |
|
39 |
L&D Administrator |
Human Resources Division |
Q1 2025 |
€35,171 |
|
40 |
Senior Legal Advisor |
Legal Services Division |
Q3 2024 |
€94,003 |
|
41 |
Deputy Head Legal - Competition and Mergers |
Legal Services Division |
Q2 2025 |
€103,184 |
|
42 |
Deputy Director - Competition |
Legal Services Division |
Q3 2024 |
€103,184 |
|
43 |
Legal Advisor - Consumer & Product Safety |
Legal Services Division |
Q4 2024 |
€67,895 |
|
44 |
Legal Advisor - Competition and Mergers |
Legal Services Division |
Q4 2025 |
€67,895 |
|
45 |
Assistant Principal |
Policy Research & International |
Q4 2024 |
€94,003 |
|
46 |
Deputy Director |
Policy Research & International |
Q2 2025 |
€103,184 |
|
47 |
Senior Research Analyst |
Policy Research & International |
Q3 2024 |
€67,895 |
|
48 |
Senior Research Economist |
Policy Research & International |
Q3 2024 |
€67,895 |
|
49 |
Product Safety Officer |
Product Safety Division |
Q4 2024 |
€43,271 |
|
50 |
Product Safety Officer |
Product Safety Division |
Q4 2024 |
€43,271 |
|
51 |
Product Safety Officer |
Product Safety Division |
Q4 2024 |
€43,271 |
149. Deputy Bernard J. Durkan asked the Minister for Education if a second level school place might be secured for a person (details supplied); and if she will make a statement on the matter. [37262/24]
Amharc ar fhreagraIn relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an admissions policy in accordance with the Education Act, 1998 and the Education (Admission to Schools) Act 2018. Under the provisions of the Act, school admission policies are approved by the Patron, following consultation with staff and parents of children who are attending the school. The school’s admissions policy is published on the school’s website. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in that area.
Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available, a selection process will be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.
All schools must clearly set out their selection criteria in their admission policies. Schools have discretion in relation to their admission criteria and how they are applied. The criteria to be applied by schools and the order of priority are a matter for the schools themselves. My Department does not seek to intervene in the selection criterion that is applied by schools.
Section 29 of the Education Act, 1998 provides for an appeal where a board of management, or a person acting on behalf of the board of management (normally the school principal) refuses to admit a student to a school. Where the decision to refuse admission is due to the school being oversubscribed, a review of the decision by the board of management must be sought in the first instance. Following a review it is open to the parent to appeal to the independent appeals committee.
Tusla Education Support Service (TESS) is the agency which can assist parents who are experiencing difficulty in securing a school place for their child. TESS can be contacted at 01-7718500 (tessinfo@tusla.ie) for assistance. More information is available on their website on the following link: www.tusla.ie/tess/tess-ews/ .
150. Deputy Michael Lowry asked the Minister for Education if there are plans to move school cleaners/janitors onto public sector pay scales, as was done with school secretaries and school caretakers; and if she will make a statement on the matter. [37277/24]
Amharc ar fhreagraCleaners are valued members of our school communities who carry out work vital to the operation of our schools.
The majority of primary and post-primary schools receive assistance to provide for cleaning services under grant schemes. Where a school employs a staff member to support those functions those staff members are employees of the individual schools and as such responsibility for terms of employment and their rate of pay rests with the school or Board of Management. The Department of Education does not play a role in the agreement of these terms of employment nor do they set the rate of pay.
In the normal course, there are ongoing discussions with the public service unions on any and all matters relating to pay agreements. Any review of changes to the employment of school cleaners or other pay mechanisms, can occur only under those processes and any such proposals would need to be considered in detail by the Department, the Department of Public Expenditure and Reform, and the relevant unions.
151. Deputy John Brady asked the Minister for Education if her attention has been drawn to the delays experienced with the implementation of an ASD unit in a school (details supplied); the reasons for this delay; to provide a timeframe for when it will be operational; and if she will make a statement on the matter. [37286/24]
Amharc ar fhreagraThe school referred to by the Deputy was approved to enter the Department's pipeline of school buildings for a project to provide 2 Class SEN base unit. The project was devolved to the school authority for delivery.
A school building project has four points within the design and delivery process where approval from the Department to move to the succeeding stage is mandatory.
These stages are:1. At stage 2(a) - developed design stage - before applying for planning permission; 2. Immediately where a Notice of Intention to Grant Planning Permission/Fire Cert/Disability Access Cert issues from the Local Authority with onerous conditions as these may be the subject of an appeal to An Bord Pleanála; 3. Before seeking tenders for the project; 4. Before accepting a tender/placing a contract and commencing construction.
I can confirm to the Deputy that a project update was requested by my Department in April 2024 for the school in question. Upon receipt of this update, it was noted that this project progressed to Tender Stage without obtaining the necessary permissions to advance through the first two stages outlined above. Department officials have contacted the school Patron regarding this matter and have received a response.
The school were requested to submit a Stage 2b Report with the granting of planning permission, associated drawings, and a cost report in May 2024. Following a review of this report, the extension could not be progressed based on the design submitted.
The project has been devolved back to the school authority. The school are now required to submit a revised design option to include a link corridor to the SEN base and an updated cost report.
Following its submission and review, the Department will advise the school of the next steps to advance this significant project.
152. Deputy Sorca Clarke asked the Minister for Education when the Government plans to fully implement the judgment of the European Court of Human Rights in the case taken by a person (details supplied), who exposed widespread child sexual abuse in State-run schools. [37332/24]
Amharc ar fhreagraA range of measures have been put in place to implement the European Court of Human Rights (ECtHR) judgement in the case referred to by the Deputy.
These include the commencement of the Children First Act 2015 which provides for mandatory reporting by key professionals; Implementation of the Vetting Acts 2012 -2016 which set out statutory vetting requirements for persons working with children and vulnerable adults, including those working in schools; revised Child Protection Procedures for Primary and Post-Primary Schools 2017, which significantly strengthen the oversight role of the Department’s Inspectorate and the Department more generally in relation to schools’ compliance with child protection procedures.
My Department has also put in place a range of training and oversight measures to provide for additional awareness and compliance with the Children First Act and Child Protection Procedures when dealing with allegations/suspicion of child abuse and neglect.
In addition, my Department has implemented an ex gratia scheme to provide compensation to individuals falling within the scope of the O’Keeffe judgement. The scheme, which was devised to ensure implementation of the ECtHR judgement, provided those who had instituted legal proceedings against the State in respect of day school sexual abuse, and subsequently discontinued those proceedings following rulings in the domestic courts, with an opportunity to apply for an ex gratia payment.
The scheme was established in 2015 and paused in 2019 following a report from the Independent Assessor Mr. Justice Iarflaith O'Neill. A revised ex gratia scheme, which broadened the scope of the Scheme and the type and nature of evidence that could be considered by the State Claims Agency in respect of individual applications, operated from 21 July 2021 to 20 July 2023. A total of 193 applications were received. Of these, 128 applications were approved and 65 refused. Over €11m has been spent on the scheme, of which €10.75m has issued to the applicants as ex gratia payments, with the remainder providing for legal costs and the appeals process.
Finally, I wish to advise the Deputy that my Department provides regular updates to the Council of Europe regarding Ireland's implementation of the ECtHR judgement. The latest Action Plan in relation to the implementation of the judgement is available on my Department's website @ www.gov.ie/pdf/?file=https://assets.gov.ie/283438/97182703-58a4-44dd-a784-7d6461f6939d.pdf#page=null
153. Deputy Sorca Clarke asked the Minister for Education if she will confirm that the Government's restorative justice scheme for survivors of institutional and State-run school abuse will have, or consider, recourse in the courts for survivors following a successful settlement; and if she will make a statement on the matter. [37333/24]
Amharc ar fhreagraI wish to advise the Deputy that the Residential Institutions Redress Act 2002 established the Residential Institutions Redress Board (RIRB) to make financial awards to people who, as children, were resident in specified institutions and who had injuries consistent with abuse suffered while resident in those institutions.
The Redress Scheme remained open to applications for almost nine years, when the Residential Institutions Redress (Amendment) Act 2011 introduced a final deadline of 17 September 2011, after which the scheme was closed.
I wish to explain also that the Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders was submitted to me on 7 June 2024. Following consultation with the Attorney General, and consideration of the contents of the detailed Report, I sought Government approval to publish the Report on 3 September 2024. The Government also accepted the primary recommendation of the Report, which was to establish a Commission of Investigation.
I have appointed a high-level inter-departmental group (IDG) to consider the terms of reference for the Commission, and to examine the further recommendations of the Report in detail. These include a recommendation that consideration be given to the establishment of a redress scheme, and that the religious orders involved should be consulted in relation to contributing to any such scheme.
As the Deputy will appreciate, this is a complex matter and the IDG will consider all aspects of this recommendation. I intend to bring further proposals to Government relating to the Commission of Investigation and the further recommendations of the Report in due course.
154. Deputy Michael Healy-Rae asked the Minister for Education to examine the case of a person (details supplied) who has been told she may not be paid for six weeks; and if she will make a statement on the matter. [37334/24]
Amharc ar fhreagraMy Department provides a payroll service to schools and acts on their instructions regarding the starting and cessation of salary for the teachers that they employ.
The teacher referred to changed employments in mid-September which can result in delays to salary payments as payroll staff require notice from schools to affect change to salary. However, in this case, there will no disruption to her salary payments.
155. Deputy Sorca Clarke asked the Minister for Education the number of applicants to the Educational Therapy Support Service, and what areas are they in. [37338/24]
Amharc ar fhreagraThe Educational Therapy Support Service (ETSS) was announced on 20th June by both Ministers. The NCSE intends to be operationally ready to deliver therapy services, initially, in its Eastern and Western regions to move to full implementation of all posts by October 2024. Limerick has been identified as the most suitable hub for the Western region which includes Kerry, Clare, Limerick, Galway, Mayo and Roscommon. Dublin will be the hub for the Eastern region and includes the greater Dublin area.
In April/May 2024, NCSE Therapy invited all schools in Dublin, Kildare and Wicklow to apply for two years of Sustained In-school Therapy Support, where they would have a Speech and Language Therapist and Occupational Therapist working with their school for two academic years. 304 schools in Dublin, Kildare and Wicklow successfully submitted applications. A robust prioritisation process ensued and initially 22 schools have been prioritised for NCSE Sustained In-school Support for 2024-2026. All schools have been notified of this and support has begun.
Further schools on the panel will be offered support upon recruitment of the full complement of 39 therapy posts. A similar application process will happen early in the 24/25 academic year for schools in identified counties in the West region, again once recruitment of the full complement of 39 posts has begun.
156. Deputy Paul Kehoe asked the Minister for Education if her Department will consider incorporating an all-weather, multi-use sports pitch in conjunction with their new build for a school build (details supplied), which has full planning permission, to streamline the process, take advantage of economies of scale and ensure that the new school is delivered as a completed project; and if she will make a statement on the matter. [37345/24]
Amharc ar fhreagraThe 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. The brief for the project is to provide a new build replacement school for a long-term projected enrolment of 1,000 pupils including a 4 class SEN base.
Investment and expenditure on sports facilities is an element of the overall expenditure and investment in the School Building Programme. The provision of outdoor play areas form part of the accommodation brief for all new school buildings or where a major building or refurbishment project is being delivered for an existing school. In addition, my Department provides funding toward the provision of furniture and equipment including PE equipment in both primary and post-primary schools. In relation to post-primary schools, where my Department provides a sports hall as part of a building project, the equipment provided forms part of the overall furniture and equipment grant to that school.
In addition, my Department’s Design Guidelines for all new schools provides for outdoor multi use games areas (hard play areas) and the level of play space provided varies with the size of school. For example, a new 24 classroom primary school with Special Education Needs classes is provided with 3 ball courts (1,755m² in total), 2 junior play areas (600m² in total), as well as Secure hard and soft play area (300m²) and a 100m² Sensory Garden. In respect of new post-primary schools, a new 1,000 pupil post-primary school will be provided with 6 ball courts (3,060m² in total) and a 200m² secure hard and soft special education play area. At post primary level, an area may be developed as a practice playing field where site conditions and resources permit. In relation to the outdoor physical education spaces referred to in the Deputy’s question, Department officials have engaged with both the NDFA and school authorities in order to deliver the optimum design for the school.
As the Deputy is aware, the project with the above brief received full planning permission in Quarter 1 2024. The project is currently in the final stages of Stage 2b and when this stage has been finalised and approved, the next stage is tendering for a contractor and then onwards to construction in due course.
While at this early stage it is not possible to provide a timeline for completion of the projects, the NDFA will be engaging directly with the school authorities to keep them informed of progress.
157. Deputy Éamon Ó Cuív asked the Minister for Education the estimated cost for the establishment of a separate ETB with a remit for the national schools and second level colleges under the patronage of the ETB teaching through the medium of Irish; and the estimated full-year cost. [37373/24]
Amharc ar fhreagraETBs were established in July 2013 under the provisions of the Education and Training Boards Act, 2013.
This legislation which provided for the dissolution of the 33 VECs and their replacement with 16 ETBs marked the most significant legislative and structural reform of the education and training sector in the history of the State.
This legislation does not allow for the establishment of any additional ETBs or for the establishment of an ETB that only caters for schools.
While schools are a very important aspect of every ETB’s statutory role, ETBs are under statute also required to be involved in much more, and, for example, have significant statutory duties in the delivery of further education and training and in youth services.
The type of ETB referred to by the Deputy cannot exist under the existing legislative framework and accordingly it is not possible to provide a costing for same.
158. Deputy Cathal Crowe asked the Minister for Education the reason a special needs assistant (details supplied) is not on a permanent contract despite being the school’s sole special needs assistant, having been employed there for 24 years; and if she will make a statement on the matter. [37376/24]
Amharc ar fhreagraAs the Deputy will be aware, the number of SNA posts allocated to a school in any individual school year is a matter for the Special Educational Needs Officer (SENO) and that function resides within the National Council for Special Education (NCSE). The number of standard SNA posts varies according to the requirements of each individual school population: these requirements will change from year to year, as the student population changes and as the needs of students within that cohort may change according to factors such as treatment interventions and supports external to the school environment. Therefore, it is not possible to guarantee that a standard post will be available to each SNA currently employed, even where there is only one SNA currently employed.I want to assure the Deputy that my Department is very aware of the importance of the SNA role in our education system, supporting the inclusion of students with additional care needs in education. In this regard, in December 2022, my Department established a dedicated SNA Workforce Development Unit in order to ensure that sufficient time and attention is given to the examination of the SNA role in our school system.The Unit is leading on the development of the first Special Needs Assistant Workforce Development Plan. This plan, which has a completion date of September 2025 will introduce policy developments which will bring clarity and direction to the SNA service. The areas of recruitment and redeployment will be considered as part of the overall work undertaken on the plan.The plan will be developed in consultation and collaboration with stakeholders including school leaders and the SNAs, giving all parties an opportunity to provide input and share views on the future development and direction of the SNA service.
