Wednesday, 1 May 2024

Under Article 42 of the Constitution, the State acknowledges that the primary and natural educator of the child is the family. The State guarantees to respect the right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children. Parents are free to provide education in their homes, in private schools, or in schools recognised or established by the State.

In line with the provisions of Section 14(1) of the Education (Welfare) Act, 2000, Tusla’s Alternative Education Assessment and Registration Service is responsible for the regulation of the provision of education for children in places other than in a recognised school, including for children who are home schooled. This is to ensure that such children receive a certain minimum education.

Under the Assistive Technology Scheme, as set out by my Department, funding is provided to recognised schools towards the cost of computers and specialist equipment, which are required for educational purposes. The scheme is provided by my Department to supplement the overall approach to providing funding to schools for digital technology and equipment to support children for educational purposes. There is no funding available under the Assistive Technology Scheme for parents who choose to education their child in a place other than in a recognised school.

My Department supports and encourages the use of school buildings for community and recreational purposes where feasible.

My Department first published the Guidelines on the use of School Buildings outside of School Hours in October 2017. The purpose of these guidelines was to provide guidance to schools in relation to their current arrangements for the use of school buildings outside of school hours. The Guidelines outlined the various scenarios and informed where consent of the Department of Education was required.

The process of reviewing the 2017 Guidelines for the Use of School Buildings outside of School Hours is now nearly complete.

Part of the review included a school survey. The survey was issued to patron bodies of a sample of selected primary and post-primary schools for distribution. The survey invited schools to share their views on topics including: whether and how their school facilities are currently used by organisations other than the school, future plans for the use of school buildings and any current barriers encountered regarding the use of school buildings after hours. The responses to the survey were returned and analysed and informed the review. Following the survey, further engagement took place with the stakeholders, patron bodies and other government Departments on the new Procedures (as the Guidelines are now called).

It is expected that the Procedures will be published very shortly and all schools will be notified of the changes.

The Department supports and encourages the use of school buildings for community and recreational purposes where feasible. However, the decision on the use of school property is a matter for the property owner taking into considerations the requirements of the school, students and staff.

The Guidelines on the use of School Buildings outside of School Hours were published in October 2017.

The process of reviewing these 2017 Guidelines (or Procedures as they are now called) is now near completion.

During the review process engagement took place with stakeholders, including other relevant government Departments on the Procedures, and would have referenced afterschool services and related matters. This included the Department of Children, Equality, Disability and Youth.

It is expected that the new Procedures will be published very shortly.

The project to which the Deputy refers, includes an extension to the existing school buildings, decanting if required, necessary to satisfactorily develop the post primary school on its existing site to cater for an enrolment of 700 pupils. The project has been devolved for delivery to the school authority and it has appointed a design team to progress the project.The Stage 2b architectural report has been received by my Department and is currently under review from both a technical and cost perspective. My Department will revert to the school authority directly on the outcome and the next steps to progress this significant project which is tendering for a contractor and onwards to construction in due course.

I can assure you that my Department is committed to ensuring appropriate accommodation is available for the pupils in this school and will in the wider context outlined, ensure that this project - as for all projects on the school building programme - is subject to the due diligence required under the public Infrastructure guidelines. It is a challenging construction environment across all sectors (Education, Housing, Transport etc.) and my Department is also required to manage the timing, scope and cost of individual projects to remain within budgetary parameters for the overall programme – this involves constant review throughout the project life cycle.

Since 2020, the Department of Education has invested around €4.5 billion in schools throughout the country. Around 800 school building projects have been completed and 300 other projects are under construction. School building projects under construction involve an overall State investment of over €1.2 billion with most of these projects due for completion in 2024 and 2025. This is a record level of investment and highlights my Department’s very strong track record in providing additional capacity and modern facilities for our school communities.

The status of all projects in the pipeline, including those at tender stage, is set out by County at (www.gov.ie) and is updated on a regular basis.

I can confirm that the school referred to by the Deputy was approved to enter the Department’s pipeline of school buildings for a project to provide 2 Mainstream Classrooms, 2 Classroom SEN base and Early Intervention Unit. This project has been devolved for delivery to the school authority and is currently awaiting approval to construction.

My Department has a strong track record of delivery of school building projects involving circa. 300 projects currently at construction including 34 new school buildings and over 800 projects completed since 2020 notwithstanding the wider construction sector environment of high inflation, labour shortages and supply chain issues. We continue to have a strong pipeline of projects for delivery under the school building programme.

My Department has an overall pipeline of some 1300 projects across the school system. The current status of all projects is listed on a county by county basis at www.gov.ie. and this is updated on a regular basis to reflect project progress through the various stages of capital appraisal, site acquisition, design, tender and construction. Under Project Ireland 2040, we are investing over €5 billion during the period 2021 to 2025, to add capacity and develop and upgrade school facilities across the country for the almost one million students and over 100,000 staff that learn and work in our schools every day.

Last year, my Department received supplementary funding to help alleviate funding pressures which was reflective of my Department’s strong delivery of school building projects particularly to support mainstream provision accommodating Ukrainian students and special education needs provision.

My Department is committed to ensuring appropriate accommodation is available for the pupils in the school referred to by the Deputy and will in the wider context outlined, ensure that this school's project - as for all projects on our school building programme - is subject to the due diligence required under the public Infrastructure Guidelines. The project is currently being reviewed from both a technical and cost perspective in accordance with the requirements of the Public Spending Code.

The Department will be in contact with the school directly once this review has been completed.

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

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

For 2024, €2.7 billion is being spent on special education, an increase of €113 million, and this is dedicated to providing supports for children with special educational needs. This will allow for, amongst other things, the opening of up to 400 new special classes in mainstream schools and 300 additional special school places.

In 2024, the number of teaching and SNA posts in our schools will increase with an additional 744 teachers and 1,216 SNAs added to deliver up to 2,700 new places for children with special educational needs. This will mean we will have over 41,500 qualified and committed people in our schools who are focused wholly and exclusively on supporting these children.

The NCSE has the responsibility for planning and coordinating school supports for children with special educational needs.

Over the last number of years, my department and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient special class and special school places.

These initiatives are bearing fruit with almost 1,300 new special classes sanctioned and seven new special schools established over the last four years.

My department engage intensely with the NCSE in relation to the forward planning of new special classes and additional special school places. This forward planning work is well underway ahead of the 2024/25 school year. This work involves a detailed review of statistical data in relation to forecasting demand for special class places, an analysis of available school accommodation, consideration of improved data sharing arrangements and a particular focus on the provision of special classes at post-primary level.

As a result of this forward planning, two new special schools have been established for this current school year in Cork and Dublin, with further capacity being expanded in 11 other special schools.

In December 2023, I was also very happy to announce the establishment of a further four new special schools for the 2024/25 school year in Meath, Kildare, Wexford and Limerick. This will bring to 11 the number of new special schools established in recent years.

Along with the two new special schools opening this school year, 391 new special classes – 255 at primary and 136 at post-primary level – have been sanctioned by the NCSE for opening this current school year.

Of these 76 are in Cork, 52 at primary level and 24 at post-primary level. This brings to 351 the number of special classes in County Cork, 145 at primary level and 496 at post-primary level. The vast majority of these class are autism classes and have a teacher/pupil ratio of 1:6.

Planning for special classes and special school places in County Cork and nationwide is currently underway ahead of the 2024/25 school year. The locations of new classes for 2024/25 will be confirmed by the NCSE shortly.

As you may be aware the department’s technical team carried out an in-depth review of the site of the school referred to by the Deputy in 2021. The review confirmed that the school and the site are at maximum capacity and that it would not be possible to provide the required accommodation on site unless vast amounts of existing single storey accommodation was to be demolished and replaced with two storey accommodation.

At that time, considering all the relevant impediments to deliver the brief of accommodation and the site constraints, the department was not in a position to provide funding for the significant demolition of the school building. In light of this, officials in my department contacted the NCSE to advise them of same and to establish the special classes in other schools in the area.

In January 2024, the NCSE confirmed the need for special classes in the area. The NCSE and department are working to identify suitable locations for those classes to ensure that the children who require access to this provision can avail of it as soon as possible.

Separately, the board of management of the school subsequently submitted a new engineer’s condition report to the department in support of their proposal to knock and rebuild a portion of the school building.

I can assure the Deputy, in light of receipt of the engineer's condition report from the school in question, my department's technical team will review the contents thereof and officials from my department will consult with the school authority on completion of the review.

Parents seeking special class placements for their children are advised to contact the NCSE locally so that their needs can be taken into account for planning purposes. Local special educational needs organisers (SENOs) remain available to assist and advise parents of children with special educational needs. Parents may contact SENOs directly using the contact details available on the NCSE's website at: www.ncse.ie/regional-services-contact-list

My department will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

My Department is committed to providing funding to recognised primary and post-primary schools in the free education scheme by way of per capita grants. Two such grants are the Capitation grant to cater for day to day running costs such as heating, lighting, cleaning, insurance, general up-keep etc. and the Ancillary grant to cater for the cost of employing ancillary services staff. Schools have the flexibility to use capitation funding provided for general running costs and ancillary funding provided for caretaking and secretarial services as a common grant from which the Board of Management can allocate according to its own priorities.

Correspondence issued to all schools on 26th April detailing the calculation of ancillary grant funding for 2024. Ancillary grant funding was paid to all schools on 29th April 2024.

Additionally I recently announced €50 million in grant funding for Information and Communications Technology (ICT) , which has now issued to all recognised primary, special Schools and post-primary schools. This ICT funding is being provided to schools to help them continue to use digital technologies in their teaching, learning and assessment and which represents the second tranche of ICT funding under the Digital Strategy for Schools to 2027.

The Digital Strategy for Schools to 2027 was published last year and is underpinned by an investment of €200m to support its implementation, committed to under Ireland’s National Development Plan (NDP). The first tranche of €50m issued to all recognised primary and post-primary schools in late 2021.

The specific timing for issue of the ICT grant is subject to the availability of Exchequer funding and the wider capital needs of the Department including the building programme to ensure the supply of school accommodation.

As part of the forthcoming Review of the National Development Plan, my Department’s aim is to provide better clarity and certainty for schools on the timelines for payment of minor works and ICT grant funding.

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

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

For 2024, €2.7 billion is being spent on special education, an increase of €113 million, and this is dedicated to providing supports for children with special educational needs.

My department's Assistive Technology Scheme provides funding to schools for digital technology and equipment to support children for education purposes. Full details of the scheme are contained in departmental circular 10/2013.

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

Queries in relation to supports available for adult learners pursuing further and higher learning programmes should be directed to the Department of Further and Higher Education, Research, Innovation and Science.

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.

All employees of this Department, as part of the the terms of their employment, are obliged to adhere to the Civil Service Code of Standards and Behaviour. Part 2 of this Code, sections 5.1 to 5.4 - 'Civil Servants and Politics’ states that civil servants above clerical level cannot stand for local election. Civil servants in clerical grades and certain non-industrial civil servants are free to engage in politics and may stand for local election. Eligible civil servants are expected to apply to their Department/Office for permission to engage in politics and may, at the discretion of their Department/Office, have their application refused where any conflict of interest is identified.

Employees must also comply with Circular 09/2009: 'Civil Servants and Political Activity' which elaborates on the Code and the rules that apply to civil servants in relation to politics and political activity including local elections .

Section 5 of the Code of Practice for the Governance of State Bodies (2016) requires that all State Bodies have published Codes of Conduct for their Board and employees, and recommends that Codes of Conduct specifically address the matters of ethics in public office, conflicts of interest and compliance requirements. The Ombudsman’s Guide to Standards of Best Practice for Public Servants (2003) also specifically addresses impartiality and conflicts of interest. My Department also directs its aegis bodies to the requirements of Circular 09/2009, as best practice in this area. It is the responsibility of bodies under the aegis of my Department to uphold and apply their Codes of Conduct, as appropriate.

The National Velodrome and Badminton Centre is the first high-level project that will be delivered under the new masterplan for the further development of the Sport Ireland National Sports Campus, which was approved by Government in November 2022. The project will address the need to provide world-class track cycling facilities for our athletes who currently have to travel abroad for both training and competition as well as providing the sport of badminton with integrated training, gym and medical facilities.

Planning permission for this project was awarded by Fingal County Council in January 2023 and the project is now at pre-tender approval stage under the Government's Infrastructure Guidelines.

Minister Catherine Martin and I remain committed to delivering this key project and the revised capital spending allocations for 2025 and 2026 under the National Development Plan announced recently by the Minister for Public Expenditure, NDP Delivery and Reform will allow construction work on the National Velodrome and Badminton Centre to commence during this period.

Eversheds Sutherland was retained by RTÉ to conduct an independent review on the use of freelancers / contractors at the broadcaster, and the terms of reference for the review were agreed by RTÉ with Eversheds Sutherland.  The confidential report was presented to RTÉ as part of an internal Human Resources review process at the broadcaster, and as such it was not presented or submitted to me.    The Department of Social Protection has an ongoing investigation into PRSI classification of certain workers and contractors at the broadcaster, and RTÉ is engaging with that Department on this matter. My Department has no role in this investigation.

As the Deputy will be aware, in July last year the Government approved the commissioning of two independent reviews of RTÉ overseen by two Expert Advisory Committees. One of the reviews was to examine the issue of Contractor Fees, HR and Other Matters, and examined three areas:

• the oversight and mechanisms by which RTÉ engages presenters and contractors;

• any issues arising from the use of short term employment contracts; and,

• employment terms and conditions, with a particular focus on gender equality, diversity and inclusion.

On the evening of 26 April 2024, I received the Reviews of Governance and Culture and of Contractor Fees, HR and Other Matters prepared by the two independent Expert Advisory Committees. At the same time, I also received Mazars final report on their examination of the RTÉ barter account and any other off-balance sheet accounts.

I am now examining the contents of these three comprehensive reports. The two independent Expert Advisory Committee reports are the only reports, since the crisis emerged in RTE, that contain recommendations. Once I have examined the three reports, I will bring the reports to Government. The reports will be published together after they have been brought to and considered by Government.

On the evening of 26 April 2024, I received the Reviews of Governance and Culture and of Contractor Fees, HR and Other Matters prepared by the two independent Expert Advisory Committees appointed on foot of a Government decision last July. At the same time, I also received Mazars final report on their examination of the RTÉ barter account and any other off-balance sheet accounts.

I am now examining the contents of these three comprehensive reports. The two independent Expert Advisory Committee reports are the only reports, since the crisis emerged in RTE, that contain recommendations. Once I have examined the three reports, I will bring the reports to Government. The reports will be published together after they have been brought to and considered by Government.

The Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. The latest round of the SCEP closed for applications on Friday 8 September 2023.  A list of all applications received by county including the relevant sport type for each application received is published at: www.gov.ie/en/publication/1c0f6-scep-2023-applications-received/.

The detailed assessment work on "equipment-only" applications is well advanced and I hope to announce these grants soon. Work will then commence on assessing the capital applications with those allocations to be announced later.

Housing for All sets out the range of actions necessary to increase the supply of housing out to 2030 comprising of 54,000 affordable homes to be delivered by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through the First Home Scheme, which is a strategic partnership between the State and retail banks.

Local authorities have published 5 year Housing Delivery Action Plans (HDAP) setting out affordable housing delivery targets up to 2026. The Housing Delivery Action Plans do not include additional affordable homes that will be delivered by the LDA, AHBs, First Home and via the higher Part V requirements introduced in the Affordable Housing Act 2021. The Department continues to liaise with all local authorities, and other delivery partners, in relation to the further development of an affordable housing delivery programme, including the delivery of cost rental units, that will respond effectively to all affordable housing requirements identified at a local level. 

In addition, measures such as the First Home Scheme, and the Local Authority Home Loan are also nationally available to eligible first-time purchasers to make home ownership more affordable. 

The First Home Scheme supports first-time buyers in purchasing new houses and apartments in the private market through the use of an equity share model, similar to that employed in the Local Authority Affordable Purchase Scheme. In addition, since September 2023, the First Home Scheme now supports those who wish to build their own home. The scheme is available nationwide and more information can be found at www.firsthomescheme.ie/

The new Local Authority Home Loan commenced on 4 January 2022 and is a Government backed mortgage scheme for those on modest or low incomes who cannot get sufficient funding from commercial banks to purchase or build a home. The loan can be used by first-time buyers for both new and second-hand properties, or for self-builds. More information on the Local Authority Home Loan is available on the website: localauthorityhomeloan.ie/

The acquisition of properties, such as the one referenced in the Question, is considered within the context of available resources which includes public expenditure management considerations. In all cases, my Department examines any potential acquisition carefully, taking into account any works required, such as conservation works, and the short and long term cost of acquisition and maintenance to the Exchequer, and as such, my Department is only ever in a position to make a very limited number of acquisitions in any given year.

I can confirm that my Department has visited the site recently and there has been exploratory discussions with the Office of Public Works regarding the site referred to. The National Monuments Service of my Department works in close partnership with the Office of Public Works in respect of the management and maintenance of monuments in State care. This matter will be discussed with Mayo County Council in due course.

The First Home Scheme, which launched in July 2022, is a shared equity scheme, designed to help bridge the gap for eligible first-time buyers, eligible homebuyers, and self-builders, between their deposit and mortgage, and the price of their new home (within price ceilings established across the country). Full details are available on the First Home Scheme website, www.firsthomescheme.ie.

The First Home Scheme Designated Activity Company (DAC) is fully responsible for the operation of the First Home Scheme on behalf of all shareholders, including price ceiling reviews. At its launch, the First Home Scheme Designated Activity Company (DAC) announced it would review all price ceilings at 6-month intervals. At the end of December 2023, the First Home DAC published the outcome of the third of its scheduled 6-monthly review of the price ceilings that apply to qualifying homes and subsequently revised price ceilings in relation to 6 local authority areas. The revised price ceilings came into effect 1st January 2024. As a result Limerick City and County price ceiling for new build homes increased from €375,000 to €400,000.

More information on price-ceiling reviews is available at the following link: www.firsthomescheme.ie/about-the- scheme/property-price-ceilings/.

My Department is currently, as a matter of priority, preparing legislation to put in place a statutory remediation scheme for owners of certain apartments affected by fire safety, water ingress and structural defects. This legislation will establish supports for the remediation of these defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013.  Given the complexity of the issues, sufficient time is required to ensure that the scheme is fit for purpose, provides value for tax payers' money and contains appropriate oversight and governance measures.

It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter. Financial allocation to the scheme will be subject to the normal budgetary process. The Government has committed a significant amount of Exchequer funding to assist affected homeowners and I anticipate that a sufficient amount will be made available to cover appropriate and verified remediation costs under the statutory Scheme in each year of its operation. 

Pending the introduction of the statutory scheme, an Interim Remediation Scheme (Scheme) for the funding of emergency fire safety defect works in apartments and duplexes has been in place since December 2023. This Scheme, which is being administered by The Housing Agency on a nationwide basis, is open to applications from apartment Owner Management Companies (OMCs) via The Housing Agency’s website, and can be accessed at the following link:  www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023.

In the period since the Scheme’s launch, up to and including 31 March 2024, 128 applications are being progressed across 26 local authority areas, representing a total of 13,150 residential units. 

The Joint Research Programme on Housing Economics and Spatial Planning was established to provide high-level oversight of a programme of research papers relating to housing economics and spatial planning and comprises of representatives from my Department and other experts in this field, including from the ESRI and the Housing Agency.

My Department has provided the Oireachtas Committee on Housing, Local Government and Heritage, both the Terms of Reference for the Steering Committee overseeing this research and the research proposal itself on The Determinants of Headship in Ireland and The Flow of New Households.

The Planning and Development Act 2000, as amended (the Act) provides that it is a matter for the relevant planning authority to consider where there is a need for a public right of way. The Act places responsibility for the maintenance of public rights of way directly with local authorities, by requiring them to preserve existing public rights of way through mapping and listing them as part of their development plans.Section 10(2)(o) of the Act requires that all development plans include objectives for “the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other places of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan.”

The inclusion of rights of way in the preparation of Development Plans is a function of the elected members in accordance with section 14 of the Act.

The "permissive access mechanism" described in Circular Letter PL 5/2015 can complement the statutory development plan objective and can deliver an integrated approach to combining agreed ways and trails with public rights of way statutorily defined in the plan.

The overall combined approach, providing an inventory of permissive access routes in addition to rights of way, represents a best practice approach.The establishment of a judicial-led arbitration process to resolve complex disputes is one which I as the Minister for Housing, Local Government and Heritage have no function. This would be a matter for the consideration of my colleague the Minister for Justice, as provided under the Arbitration Act 2010 and Mediation Act 2017.

My Department does not gather information on the length of time it is currently taking to complete new social housing applications by local authorities.

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.The Regulations require local authorities, subject to conditions, to deal with social housing applications within 12 weeks. Local authorities prioritise housing needs assessments for those in greatest need and seek to process their applications within the prescribed maximum timeframes. Some applications may take longer than 12 weeks to process, for example, where incomplete information is provided by applicants during the application process.