Tuesday, 2 Dec 2025

EU Directives

Ceisteanna (202)

Sinéad Gibney

Ceist:

202. Deputy Sinéad Gibney asked the Minister for Enterprise, Tourism and Employment the basis for his response to Parliamentary Question No. 253 of 19 June 2025 that the EU Omnibus proposal is “better regulation and not deregulation” in circumstances (details supplied) where the President of the European Commission, Ursula von der Leyen, has stated that the Omnibus package is intended to deliver deregulation; if his Department accepts that the purpose of the Omnibus is deregulation; and if he will make a statement on the matter. [68136/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Enterprise, Tourism and Employment

The reform agenda is being strongly driven by EU leaders with the European Council calling for a “simplification revolution” by ensuring a clear, simple and smart regulatory framework for businesses and reducing administrative, regulatory and reporting burdens, in particular for SMEs. In June 2025, the European Council called for the avoidance of over-regulation and the introduction of administrative burdens throughout the legislative process.

I welcome measures put forward by the European Commission relating to simplification and better regulation which reduce the regulatory burden on business, in particular for SMEs, and improve the competitiveness of EU companies in the evolving global trading environment. We need to focus on reducing disproportionate regulatory burdens for business, while maintaining high levels of ambition in terms of protection and standards. The issue here is about finding an appropriate balance – this is not about deregulation.

EU Directives

Ceisteanna (203)

Sinéad Gibney

Ceist:

203. Deputy Sinéad Gibney asked the Minister for Enterprise, Tourism and Employment if his Department has conducted any regulatory impact assessment of the Omnibus proposals; and if so, if the Government will publish them; the concerns he has identified for workers and communities in company value chains, as well as impacts on the environment and climate action arising from deregulatory changes at EU level; and if he will make a statement on the matter. [68137/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Enterprise, Tourism and Employment

As the Deputy is aware, the Omnibus proposals from the European Commission are at various stages of negotiation. The question of whether to conduct a Regulatory Impact Analysis at a domestic level arises in the context of giving effect in Irish law to the final text agreed at EU level.

Given the reference to company value chains, I am taking it that the Deputy is referring specifically to the Corporate Sustainability Due Diligence (CSDDD) aspects of the Omnibus on Sustainability. I welcome progress to date on the proposal which is about finding an appropriate balance between obligations on business and ensuring adequate protections for the environment, climate and those impacted by the operations of companies. It is important to recognise that in-scope companies would, for the first time, have legal obligations to conduct risk-based human rights and environmental due diligence and integrate due diligence into all corporate policies and risk management systems.

EU Directives

Ceisteanna (204)

Sinéad Gibney

Ceist:

204. Deputy Sinéad Gibney asked the Minister for Enterprise, Tourism and Employment in reference to the response to a parliamentary question, the reason he and his Department did not meet with business or civil society as key stakeholders regarding the Omnibus on the Corporate Sustainability and Due Diligence Directive; and if he will make a statement on the matter. [68138/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Enterprise, Tourism and Employment

I can advise the Deputy that since the publication of the Omnibus on Sustainability, officials from my Department, both in Dublin and Brussels, have engaged with a range of stakeholders concerning this omnibus proposal. These include meetings with civil society organisations and business representatives, the most recent meeting being with the Irish Coalition for Business and Human Rights on 24 November 2025.

Officials from my Department have also presented to the Enterprise Forum and the Responsible Business Forum on the Omnibus proposal.

School Meals Programme

Ceisteanna (205)

Robert O'Donoghue

Ceist:

205. Deputy Robert O'Donoghue asked the Minister for Education and Youth when a school (details supplied) will be fully developed and end its current prefabrication status; if there are any plans to incorporate the school meals scheme at the school in the absence of existing facilities; if there are any plans for traffic safety/calming measures in the vicinity of the school in the absence of same; and if she will make a statement on the matter. [67270/25]

Amharc ar fhreagra

Freagraí scríofa

Minister for Education and Youth

The major building project for the school referred to by the Deputy will be delivered under my Department's ADAPT programme. ADAPT is an acronym for the "Accelerated Delivery of Architectural Planning and Tendering".

The ADAPT programme uses a professional external Project Manager to co-ordinate and drive the Design Team to achieve the best possible timeframe for the project through the stages of Architectural Planning to Tender and Construction. The project brief is to provide a new 8 classroom Primary School with 2 Special Educational Needs class (expandable to 16 classroom if needed in the future) at Broadmeadow CNS Mooretown, off Rathbeale Road, Swords, Dublin.

Following the Stage 1 stakeholders meeting in January 2025, where the Principal, representatives from DDLETB, all Design Team members, the Project Manager and Department officials were in attendance, the project was approved to progress to Stage 2(a) of Architectural Planning.

Stage 2(a) – Developed Design - is a crucial element of the architectural planning process as it is at this stage that the design is developed to a stage where it can be fully cost planned and prepared to lodge for statutory approvals.

During stage 2(b) of the process, my Department liaises with the Design Team and local council to discuss traffic calming and safety measures which are then included as part of the planning application and detailed design of the major project.

In July the Government announced a capital allocation of €7.55 billion for the Department of Education and Youth for the period 2026-2030 under the National Development Plan. As part of this NDP allocation my department will place a strong emphasis on provision for children with special educational needs, with a particular focus on meeting annual school place needs. In relation to project roll-out for Large-Scale projects and Additional School Accommodation scheme projects, the approach will be to continue to maximise the capacity of the existing school estate as much as possible in the first instance and provide necessary additional capacity through targeted and prioritised project roll-out over the course of 2026 to 2030 period to meet the most urgent and prioritised needs. It is planned that circa 80 school building projects will progress to construction across 2026 and 2027 as part of a 2-year rolling programme.

All Government departments are expected to publish their sectoral NDP Implementation Plans shortly. My department’s plan will optimise outputs from the NDP allocations, with a strong focus on maximising existing school capacity, progressing priority projects where local capacity across schools in the area is insufficient, and ensuring delivery that is affordable, offers value for money, and meets functional needs.

Special Educational Needs

Ceisteanna (206)

Albert Dolan

Ceist:

206. Deputy Albert Dolan asked the Minister for Education and Youth further to Parliamentary Question No. 645 of 4 November 2025, whether schools will be instructed or required by the NCSE to redeploy special needs assistants (SNAs) from their mainstream SNA allocation in order to meet above-SERC needs in autism classes under the new SNA review guidelines; whether the previous above-SERC SNA review process for autism classes has been discontinued; and if she will make a statement on the matter. [67273/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Education and Youth

Enabling students with special educational needs to receive an appropriate education is a priority for this Government. It is also a key priority for me, my department and for the National Council for Special Education (NCSE).

The NCSE is, in the first instance, the primary body responsible for the matter the Deputy has raised. I will arrange for your query to be forwarded to the NCSE for their attention and direct reply.

Deputies are also welcome to raise such queries with the NCSE directly through their dedicated Oireachtas query line at oireachtasqueries@ncse.ie

Departmental Inquiries

Ceisteanna (207)

Michael Healy-Rae

Ceist:

207. Deputy Michael Healy-Rae asked the Minister for Education and Youth to review the case of a person (details supplied); and if she will make a statement on the matter. [67281/25]

Amharc ar fhreagra

Freagraí scríofa

Minister for Education and Youth

I refer to your query on behalf of a Special Needs Assistant relating to Sick Leave, Health and Safety Leave and school closures and I wish to advise as follows:

Circular 14/2024 sets out the terms and conditions of the Sick Leave Scheme for special needs assistants. The following conditions are relevant having regard to the particular circumstances of this case:

1.1 The Public Service Sick Leave Scheme, which applies to SNAs, is regulated by the Public Service Management (Sick Leave) Regulations 2014, S.I. No. 124/2014, as amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015, S.I. No. 384/2015 and the Public Service Management (Sick Leave) (Amendment) Regulations 2023, S.I. No. 407/2023.

2.4 Sick Leave periods are calculated retrospectively and include weekends, school closures and days on which an SNA is not timetabled for attendance (e.g. job sharers), occurring within the period of absence.

4.2 The OHS provider, contracted by the department, is the sole recognised provider of independent medical advice for SNAs and employers. It is a requirement of the Sick Leave Scheme that all employers and SNAs abide by the OHS medical assessment.

4.3 The employer must therefore refer the SNA to the OHS, for the purpose of an independent medical assessment. This includes where: -

f) An SNA is seeking the discounting of Sick Leave during a period of school closure as referred to in paragraph 17.4.

17.4 Where an SNA is absent on Sick Leave and has not returned to duty for a reasonable period before and after a period of school closure, the SNA will be deemed to be on Sick Leave for the whole duration unless;

• the SNA provides a medical certificate of fitness to resume full duties prior to or during a period of school closure and

• the advice of the OHS as to the SNA’s fitness for full duties has been obtained and whether the school closure period or any part thereof might be discounted and the OHS has deemed the period of return to duty to be reasonable taking into account the medical circumstances in individual cases.

While the granting of leave to school staff is entirely a matter for the employer (school), according to the records held on the department's Online Claims System (OLCS), this SNA was on pregnancy related illness prior to and immediately after the 2025 Summer School Closure period. Therefore, there would have been an onus on the employer to refer the matter to the Occupational Health Service, currently provided by Medmark. As per the terms and conditions outlined above, it is a requirement of the Sick Leave Scheme that all employers and SNAs abide by the OHS medical assessment.

The Safety, Health, and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007) place an obligation on the employer, as soon as it is notified by the special needs assistant that she is pregnant, to assess any specific risk in the workplace to that special needs assistant and to ensure that the pregnant, post-natal, or breastfeeding special needs assistant is not exposed to any agents, processes or working conditions that will damage either the safety or health of the pregnant special needs assistant and/or that of the developing child.

In this case, as the SNA was on pregnancy related illness, the issue of Health and Safety Leave would not arise as she was not in attendance at work due to illness and therefore was not being exposed to any potential workplace risk. As the granting of leave is a matter for the employer, I cannot comment on why such leave was granted during a previous pregnancy nor would my department have access to any of the information relating to the prior application for Health and Safety leave.

Officials of my Department have also advised that they have been in contact with this lady on several occasions to outlined the circumstances of her particular case.

An overpayment occurred due to the keying of leave upon instruction from the employer. This overpayment deduction will appear on her payslip for the first time on Thursday. A letter issued to this lady detailing the overpayment and explaining that if there was no response in two weeks, it would begin to be deducted.

Illness Benefit deductions had to catch up to reflect the leave keyed for the summer, but the SNA in question should have received that money separately from the DSP.

I trust that the about outlines the position fully for the Deputy.

Special Educational Needs

Ceisteanna (208)

Malcolm Byrne

Ceist:

208. Deputy Malcolm Byrne asked the Minister for Education and Youth the number of special needs assistant posts funded in the State; the number of vacancies at present; and if she will make a statement on the matter. [67294/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Education and Youth

Enabling students with special educational needs to receive an appropriate education is a priority for this Government. It is also a key priority for me, my department and for the National Council for Special Education (NCSE).

The vast majority of students with special educational needs are supported to attend mainstream classes with their peers. Where students with more complex needs require additional supports, special class and special school places are provided.

This is in keeping with policy on an inclusive education, which promotes that students will be supported to receive an education in the most inclusive setting possible.

My department has been steadily building the level of SNA support in our education system. This school year there will be over 23,000 SNAs allocated to schools, working in our education system committed to supporting and nurturing students with special educational needs, enabling them to achieve their best outcomes and reach their full potential. Budget 2026 provides for a further 1,717 SNA posts which will bring the total number of SNAs to close to 25,000 by the end of 2026.

The NCSE has responsibility for the allocation of special need assistant (SNA) nationwide therefore I have asked the NCSE to reply directly to your request for statistical data. It is important to remember that when the NCSE allocates a SNA post, the board of management as the employer, is responsible for filling the vacancy. The decision on whether to employ a full time SNA to fill a full-time post or to employ an equivalent number of part time SNAs rests with the employer.

My department and the NCSE are committed to delivering an education system that is of the highest quality and where every child and young person feels valued and is actively supported and nurtured to reach their full potential.

Special Educational Needs

Ceisteanna (209)

Malcolm Byrne

Ceist:

209. Deputy Malcolm Byrne asked the Minister for Education and Youth the position regarding the potential development of a special school at Bunclody, County Wexford. [67295/25]

Amharc ar fhreagra

Freagraí scríofa

Minister of State at the Department of Education and Youth

The National Council for Special Education (NCSE) is the statutory body responsible for the provision of special education and allocating supports for children with special educational needs.

In order to support the NCSE and forward planning my department published Circular 0039/2025. This circular informs school management and patrons of measures introduced to support forward planning and reiterates the need for parents to inform the NCSE that they are seeking a special educational placement for their child. An earlier date of 1 October was set for parents to do so.

There continues to be an increasing need to provide additional special school places to support students with complex needs. To meet this need, sixteen new special schools have been established in recent years, and capacity has been expanded in a number of others. Five of these were established for the 2025/26 school year in counties, Cork, Dublin (2), Monaghan and Tipperary.

The new special schools established over recent years have focused on providing additional places in our largest urban areas – Dublin and Cork. The department and NCSE have already begun planning in relation to further expanding special school capacity for the 2026/27 school year. It is estimated that a further 300 new special school places may be required each year for the coming years.

When looking to provide additional capacity the department’s preferred option is to increase provision in existing special schools if possible. Where this is not possible in a region, the department and NCSE will consider the need to establish a new special school.

In planning for increased special school places, my department and the NCSE review all of the available data on the growing need for special school places across the country. This involves a detailed analysis of enrolment trends and the potential for existing special schools in a region to expand.

Part of the forward planning process as to where new classes, schools or expansion is required looks at how far students are travelling to access an education appropriate to their needs. This is an important factor which has been incorporated into the decision-making process. Consideration is also given to the information the NCSE hold at local level on the number of children and young people seeking a special school place in a region.

My department and the NCSE are committed to ensuring that sufficient special education placements remain available for students with special educational needs and will continue to review and monitor the situation in County Wexford and indeed nationwide as to where new special schools are required.

School Accommodation

Ceisteanna (210)

Malcolm Byrne

Ceist:

210. Deputy Malcolm Byrne asked the Minister for Education and Youth the position regarding the development of a new stand-alone building at a school (details supplied); to outline how she plans to address the current shortage of places in the area; and if she will make a statement on the matter. [67296/25]

Amharc ar fhreagra

Freagraí scríofa

Minister for Education and Youth

The National Council for Special Education (NCSE) is the statutory body responsible for the provision of special education and allocating supports for children with special educational needs.

It is important to remember that the majority of children with special educational needs are supported to attend mainstream schools with their peers. For children with more complex educational needs special classes can be provided and for children with the most complex educational needs a special school place can be provided.

In order to support the NCSE and forward planning my department published Circular 0039/2025. This circular informs school management and patrons of measures introduced to support forward planning and reiterates the need for parents to inform the NCSE that they are seeking a special educational placement for their child. An earlier date of 1 October was set for parents to do so.

This notification process will provide the NCSE with valuable information as to which children will continue to require a special class as they progress to post-primary level and details on students who require a place for the first time.

The earlier date will allow for earlier sanctioning of classes for the 2026/27 school year, and it is the aim of the NCSE to sanction the majority of new special classes by 31 December 2025.

The NCSE will have a clear picture of the local demand for special class places for the 2026/2027 school year after they review and assess all of the information which has been provided through the parents' notification process which closed on 1 October.

Once the NCSE has fully collated and assessed this information, the NCSE will be in a position to engage with schools across the country to open new special classes. The NCSE will also have due regard to any vacant places in existing special classes in an area and any places that will become available through the normal movement of children leaving primary or post-primary school.

I would like to stress that the NCSE will continue to support all children made known to them after the October deadline also, however, it is important for planning purposes that we set an earlier timeframe for which the NCSE has as much local knowledge and detail as possible in order to plan what new provision is required.

My department and the NCSE continue to forward plan to provide further new special schools and expand existing special schools where there is a need for additional capacity.

My department and the NCSE are committed to ensuring that sufficient special education placements remain available for children with special educational needs and will continue to review and monitor the situation as to where new specialist provision is required.

Special Educational Needs

Ceisteanna (211)

Malcolm Byrne

Ceist:

211. Deputy Malcolm Byrne asked the Minister for Education and Youth the position regarding the application for a special education class at a school (details supplied). [67297/25]