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Thursday, 27 Apr 2023

Written Answers Nos. 228-247

Flood Risk Management

Questions (229)

Denis Naughten

Question:

229. Deputy Denis Naughten asked the Minister for Public Expenditure, National Development Plan Delivery and Reform further to the meeting between the community surrounding Lough Funshinagh and the Minister of State with responsibility for the OPW, if he will outline the progress to date on progressing planning authorisation for an overflow pipe; and if he will make a statement on the matter. [20121/23]

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Written answers

Roscommon County Council is leading the response to the flooding risk at Lough Funshinagh, Co. Roscommon.

Under my direction senior officials from the Office of Public Works (OPW) met with officials from Roscommon County Council during 2022 focusing on identifying possible approaches to a viable solution to manage the flooding risk at Lough Funshinagh.

In December 2022 Roscommon County Council and the OPW agreed to establish an Expert Working Group to support and help to identify the pathway to finding a means of progressing a viable solution. The membership of this Expert Working Group includes cross departmental and agency representation.

The initial work of the Expert Group is to scope out the requirements for a commission to undertake the necessary surveys and investigations. This work is being informed by a review, by the OPW, of the evidence and research on the nature and functioning of Lough Funshinagh.

A Steering Group being led by the Council, with representation from the OPW oversee the work to identify a viable solution to manage the flooding risk at Lough Funshinagh.

I can assure the Deputy that I am doing all that I can to support both the community and Roscommon County Council in progressing this matter to find an effective and sustainable solution to address the flooding risk in the area.

Departmental Contracts

Questions (230)

Louise O'Reilly

Question:

230. Deputy Louise O'Reilly asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide a list of contracts his Department currently has with a company (details supplied); and the estimated value of those contracts. [20190/23]

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Written answers

I wish to advise the Deputy that my Department has no contracts in place with the organisation in question.

EU Directives

Questions (231)

David Stanton

Question:

231. Deputy David Stanton asked the Minister for Enterprise, Trade and Employment the role, if any, his Department has in the implementation of the Corporate Sustainability Reporting Directive; and if he will make a statement on the matter. [19757/23]

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Written answers

My Department has policy responsibility for the Corporate Sustainability Reporting Directive (EU) 2022/2464 which entered into force in January 2023. Ireland along with other EU member states have until 6 July 2024 to give effect to the new requirements.

The directive is one of a number of measures under the European Green Deal and the Sustainable Finance Agenda. It requires all large companies, banks, insurance undertakings and companies listed on main EU stock markets including SMEs to report annually in their directors’ report on their performance in respect of environment, social and governance matters including human rights. The reporting itself will be done according to mandatory European sustainability reporting standards and the information will be subject to assurance, that is independent certification, by a suitably qualified auditor.

The impact of the directive will be to enhance the disclosure by these companies on their performance in relation to sustainability matters, and to deter greenwashing. The new rules will be phased in and the reports by the first tranche of companies in scope will be published in 2025.

My Department is leading on the transposition of the directive. A stakeholder webinar was held on the 26th January this year and a public consultation on the Member State options contained in the directive closed on 9th March. My officials are analysing the responses to the consultation and preparing the draft legislation to transpose the new requirements. It is intended to further update stakeholders in June, following consideration of the policy options and consultation with other Government Departments and Agencies as appropriate.

Work Permits

Questions (232)

Mick Barry

Question:

232. Deputy Mick Barry asked the Minister for Enterprise, Trade and Employment if the regulation that pertained during the existence of the atypical work permit scheme for non-EEA fishers whereby no more than 50% of the crew of an eligible fishing vessel should have consisted of non-EEA nationals still applies in the context of non-EEA nationals currently in the fleet being stamp-4 visa holders; and if he will make a statement on the matter. [19979/23]

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Written answers

The occupation of Sea-fisher is currently on the Ineligible Occupations List and, as such, is not eligible for an employment permit. The Department of Justice report on the Review of the Atypical Scheme for non-EEA Crew in the Irish Fishing Fleet concluded that the employment of non-EEA crew in the Irish fishing fleet, which had been catered for under the Atypical Working Scheme (AWS) since 2015, should be provided for under the Employment Permits system.

The AWS for non-EEA Crew in the Irish fishing fleet was established in 2015 as a cross-departmental response to address claims of exploitation and trafficking of undocumented non-EEA workers on certain categories of vessels in the Irish fishing fleet. The AWS closed to fishers on 01 January 2023, and those fishers with a valid AWS permission up to 31 December 2022 were eligible to apply for a Stamp 4 immigration permission from the Department of Justice.

For the transition of the sector from AWS to the Employment Permit system to be implemented it was noted by the cross-departmental group that sector representative groups should make a submission to remove the occupation of fishers from the Ineligible Occupations List to my Department. The Group overseeing the transition of the role of fishers to the employment permits system has since convened and met on 24th March 2023. Submissions have now been received from the sector and are undergoing review at present with recommendations and applicable amendment to regulations to be proposed for Ministerial approval.

The overall time frame for implementation of the report’s recommendations was expected to be up to 12 months from the announcement date of October 2023.

Ireland’s general policy is to promote the sourcing of labour and skills needs from within the domestic/EEA labour market in keeping with our obligations under the community preference principles of membership of the EU. Among the protections for the domestic/EEA labour market is the 50:50 rule (Section 10 (2) of the Employment Permit Acts 2006 as amended) which prescribes that an employer recruiting from third countries must have sourced at least 50% of its workforce from the domestic/EEA labour market. Once the occupation of Sea-fisher comes under the remit of the Employment Permits system, employers will have to adhere to the 50:50 rule. For clarification, holders of Stamp 4 permissions are taken into account in the 50:50 rule calculation as non-EEA nationals, assuming they have not yet received citizenship from an EEA country.

Job Losses

Questions (233, 235, 241)

Steven Matthews

Question:

233. Deputy Steven Matthews asked the Minister for Enterprise, Trade and Employment the actions he will take regarding the layoff of Irish-based staff by a multinational company (details supplied) to ensure fairness in the redundancy process; and if he will make a statement on the matter. [20008/23]

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Seán Haughey

Question:

235. Deputy Seán Haughey asked the Minister for Enterprise, Trade and Employment if he will intervene with the management of a company (details supplied) to ensure that the employees scheduled to be laid off are treated appropriately; and if he will make a statement on the matter. [20072/23]

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Bríd Smith

Question:

241. Deputy Bríd Smith asked the Minister for Enterprise, Trade and Employment if his Department has been notified about proposed layoffs at a company (details supplied) in Dublin; if he will meet with representatives of the company in relation to these layoffs; the supports available for the workers facing redundancy; and if he will make a statement on the matter. [20145/23]

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Written answers

I propose to take Questions Nos. 233, 235 and 241 together.

The Protection of Employment Act 1977 imposes certain legal obligations on employers proposing collective redundancies. These obligations include engaging in an information and consultation process of at least 30 days with employees’ representatives, and to notify the Minister for Enterprise, Trade & Employment of the proposals at least 30 days before the first dismissal takes place. A collective redundancy notification was received from Indeed Operations Ireland Limited on 29 March 2023.

The consultation with employees’ representatives should include the possibility of avoiding the proposed redundancies, reducing the number of employees effected or mitigating their consequences. Employers may not issue notices of redundancy during this 30-day consultation period. Employers who fail to comply with these obligations are guilty of an offence and the Workplace Relations Commission (WRC) is the statutory agency responsible for bringing such prosecutions.

If redundancies do occur, employers should use fair and reasonable selection criteria in choosing people to make redundant.

Following media reports on the redundancy process with Indeed, I sought an update on the ongoing collective consultation process at the company from the IDA. I am assured that the company is committed to complying with its legal obligations in respect of the collective redundancy process in Ireland. The company started a 30-day consultation on 31st of March, which will continue until 5th of May and has held multiple collective consultation meetings with employee representatives to date. During those meetings selection criteria, proposed redundancy packages and additional support mechanisms were discussed.

I am informed that the company first implemented a number of cost saving measures in an attempt to avoid redundancies including closing or reducing office space, implementing a hiring freeze and reducing travel.

The company has also discussed ways to reduce the number of impacted roles, including an opportunity for those at risk of redundancy to avail of a voluntary severance program to receive the involuntary package offered. In addition, 21 roles have been opened up to those in the individual consultation phase for potential redeployment across other business areas within the company.

The WRC is the organisation which is mandated to secure compliance with employment rights legislation. Employees have the right to refer complaints to the WRC on a wide range of employment law breaches for an adjudication and compensation where appropriate. This includes the right to refer a complaint under the Unfair Dismissals Act if an employee feels the employer has selected them unfairly for redundancy, and the right to refer a complaint under the Protection of Employment Act 1977 should an employer fail to consult or provide certain information to employees.

The relevant bodies to support parties in their efforts to resolve their differences in these situations are the WRC and the Labour Court, which are independent offices and I cannot intervene in this matter.

Government can assist the employees in relation to income, employment and training supports. The Redundancy Payments Act 1967 also provides for a minimum statutory payment to eligible employees in situations of redundancy. Negotiations on enhanced redundancy packages over and above the statutory entitlement are entirely a voluntary matter between employers and workers.

Visa Applications

Questions (234)

Michael Lowry

Question:

234. Deputy Michael Lowry asked the Minister for Enterprise, Trade and Employment if his Department will provide more data on the reasons for the refusal of a visa for a person (details supplied); and if he will make a statement on the matter. [20067/23]

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Written answers

The Employment Permits Section of the Department informs me that on 17 April, the application for an employment permit referenced in the details supplied was refused. Upon closer examination, it emerged that the decision to refuse the application was made in error and a decision has been made to grant the permit. The permit issued on 26th April 2023.

Question No. 235 answered with Question No. 233.

Departmental Bodies

Questions (236)

Rose Conway-Walsh

Question:

236. Deputy Rose Conway-Walsh asked the Minister for Enterprise, Trade and Employment if he will provide dedicated Oireachtas Member contact details for all agencies under the aegis of his Department; and if he will make a statement on the matter. [20079/23]

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Written answers

My Department and the agencies under our aegis are committed to providing an efficient, timely, professional, and courteous service to all our customers. The table below lists the email addresses at which members of the Oireachtas can contact the agencies under the aegis of my Department:

State Body

Email address

Corporate Enforcement Authority (CEA)

Ian.Drennan@cea.gov.ie

Personal Injuries Assessment Board (PIAB)

Oireachtas.Enquiries@piab.ie

The Competition and Consumer Protection Commission (CCPC)

Oireachtas@ccpc.ie

Irish Auditing & Accounting Supervisory Authority (IAASA)

oireachtas_members@iaasa.ie

Enterprise Ireland

oireachtas@enterprise-ireland.com or Jim Barry: jibarry@enterprise-ireland.com

IDA Ireland

Orla.NicMhathuna@ida.ie; Mary.Seery@ida.ie; catherine.dowling@ida.ie

National Standards Authority of Ireland (NSAI)

Oireachtasmembers@nsai.ie

InterTradeIreland

info@intertradeireland.com

Health and Safety Authority

oireachtas@hsa.ie

Employment Rights

Questions (237)

Claire Kerrane

Question:

237. Deputy Claire Kerrane asked the Minister for Enterprise, Trade and Employment the obligations that are on employers to furnish employees with payslips; if there is an obligation on employers to provide payslips in paper format where employees cannot access online systems for payslips; and if he will make a statement on the matter. [20083/23]

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Written answers

Employers are obliged to arrange that a written statement of wages be given to every employee with every payment of wages. If wages are paid by credit transfer, the statement of wages should be given to the employee as soon as possible after the credit transfer has taken place, In every other case, the statement of wages must accompany the wage payment.

Every statement of wages must show the gross amount of the wages payable to the employee and itemise the nature and amount of each deduction. The Payment of Wages Act, 1991 places an obligation on the employer to treat the information contained in a pay statement with confidentiality.

A statement of wages which includes an error or omission is a valid statement of wages providing it can be shown that the error or omission was due to a clerical mistake or was made otherwise accidentally and in good faith.

An employer who fails to meet these statutory obligations is guilty of an offence and liable on summary conviction to a class C fine not exceeding €2,500.

Further information on employment rights generally can be accessed at the WRC’s website www.workplacerelations.ie

Work Permits

Questions (238)

Brendan Griffin

Question:

238. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment if a decision on work-permit applications by an organisation (details supplied) in Munster will be reviewed in light of the eligibility of the specialist workers sought by the organisation, and the critical national infrastructure being developed by the organisation; and if he will make a statement on the matter. [20088/23]

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Written answers

The organisation in the details supplied has submitted several applications for the role of Lineworker. The role of Lineworker is considered to fall under the Standard Occupational Classification code 5249 - Electrical and electronic trades. This role is currently on the ‘Ineligible Occupations List’ and, as such, cannot be considered for an employment permit.Ireland operates a managed employment permits system maximising the benefits of economic migration and minimising the risk of disrupting Ireland’s labour market. The system is vacancy led and managed through the operation of the Critical Skills Occupations List (CSOL) and the Ineligible Occupations List (IOL).

The Lists undergo periodic evidence-based review involving a public/stakeholder consultation and are informed by the Expert Group on Future Skills Needs (EGFSN) and SOLAS Skills and Labour Market Research Unit (SLMRU). Consideration is also taken of the views of the Economic Migration Policy Interdepartmental Group which is chaired by my Department and includes representatives from a number of relevant policy Departments.

In framing policy regarding employment permits, consideration is given to wider policy instruments that are also available in meeting the challenges presented by skills shortages.

My Department keeps the employment permits system under review in light of changing labour market circumstances and outside of the full review process the Department continues to be in contact with relevant policy departments and other stakeholders to address particular challenges as they arise.

An occupation may be considered for inclusion on or removal from the occupations lists on the basis of evidence submitted by the relevant sector representatives and provided:

• there are no suitable Irish/EEA nationals available to undertake the work;

• development opportunities for Irish/EEA nationals are not undermined;

• genuine skills shortage exists and that it is not a recruitment or retention problem;

• education, training, employment and economic development policies are supported; and

• the skill shortage exists across the occupation, despite attempts by industry to train and attract Irish/EEA nationals to available jobs.

Sectors are also required to engage structurally with the public employment service of the Department of Social Protection.

While a date has yet to be announced, I can advise that the public consultation phase of the next 'Review of the Occupations Lists' is expected to open in the coming months. In advance of its commencement, you may wish to consult the Department's website in order peruse the requirements for submitting applications for employment permits and to consider registering to receive notification of the opening of the next public consultation to review the lists.

Regulatory Bodies

Questions (239)

Brendan Griffin

Question:

239. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment the number of mergers and acquisitions that were delayed or prevented by the CCPC in 2021 and 2022 respectively; if he will provide a breakdown of the reasons for the CCPC intervention in each case; if he is concerned with the rate of intervention by the CCPC in any scenarios; and if he will make a statement on the matter. [20089/23]

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Written answers

Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, as Minister of State of this Department I have no direct function in the matter.

The CCPC’s specific reasons for the time taken to deliver merger decisions may vary on a case-by case basis. In general, the CCPC has a statutory obligation to form a view as to whether the result of the merger or acquisition would be to substantially lessen competition in markets for goods or services in the State, i.e., likely to result in substantial reduction in competition leading to higher prices or low quality or reduced innovation. This involves obtaining, verifying and analysing different types of information from various sources.

In 2022, the CCPC took an average of 17.9 days to issue a Phase 1 Decision. The corresponding figure for 2021 was 20.2 days. The timelines in individual cases that did not raise serious concerns varied from 11 to 30 working days depending, for example, on the complexity of the structure of the transaction and the nature of the competition issues involved.

In 2020, the CCPC introduced the Simplified Merger Notification Procedure (SMNP). This procedure enables a streamlined review process for mergers which meet certain criteria indicating they are unlikely to have an effect on competition. The introduction of a Simplified Merger Notification Procedure in Ireland has reduced the time and resources needed to review applicable notifiable mergers or acquisitions. This has had a positive impact on businesses, as review periods for mergers or acquisitions which do not raise significant competition concerns are shorter and the Irish merger control regime is less burdensome for notifying parties. Mergers which are notified under the SMNP are typically cleared within 15 working days of notification. In 2022, 37 of 68 mergers notified (54%) were notified under the SMNP; the corresponding figure for 2021 was 35 of 81 mergers notified (43%).

Determinations may take longer on specific mergers for the following reasons:

• Where information provided by notifying parties is not sufficient, the CCPC may require further information in order to be able to make a Determination on a notified merger, it may issue a Requirement for Information (RFI) to any of the notifying Parties. This RFI resets the Appropriate Date (i.e., Notification Date) and gives the CCPC an additional 30 working days to do a proper review of the merger.

• Where, having considered the information provided and all submissions received, the Commission is unable on the basis of the information before it to form the view that the result of the merger or acquisition will not be to substantially lessen competition in markets for goods or services in the State, the Commission will make a determination to carry out a full investigation, i.e. proceed to Phase 2. In this event, the CCPC must make a decision within 120 working days of the Appropriate Date, plus any pauses in that clock which may result from the issuing of a Phase 2 RFI.

The Table below details the numbers of instances of each such case in 2021 and 2022.

-

2021

2022

SMNP Notifications

35

37

Phase 1 Clearances (no RFI)

64

59

Extended Phase 1 Clearances (RFI)

9

5

Decisions to proceed to Phase 2 Investigation

3

4

Prohibited Mergers

0

1

Withdrawn notifications*

1

1

*Excludes those mergers which were withdrawn and re-notified

The CCPC approach in reviewing and deciding mergers is in line with international best practice.

Company Law

Questions (240)

Brendan Griffin

Question:

240. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment if he will forensically review the role of the CCPC in a failed merger involving a company (details supplied) in County Kerry; if he will consider the reasons for the intervention of the CCPC; his views on whether the actions of the CCPC in this scenario were anti-enterprise, unduly drawn out, and excessive; and if he will make a statement on the matter. [20090/23]

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Written answers

Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, as Minister of State of this Department I have no direct function in the matter.

Nevertheless, I have engaged with the CCPC on this matter who have informed me that this proposed merger was notified to the CCPC on 30 March 2022. A full (Phase 2) investigation was opened on 26 July 2022.

On 25 November 2022, the CCPC issued an ‘Assessment’ setting out the preliminary conclusions of the CCPC regarding the proposed acquisition to both parties as part of the merger review process.

In its Assessment the CCPC reached the preliminary conclusion that the proposed acquisition would have likely resulted in a substantial lessening of competition in certain geographic areas surrounding particular fuel depots in Co. Kerry in respect of each of:

• The supply of kerosene (home heating oil) to small customers

• The supply of Sulphur Free Gas Oil (agricultural or ‘green’ diesel) to small customers and

• The supply of road diesel to small customers.

Mergers that result in a substantial lessening of competition can typically be expected to result in higher prices and/or lower quality service for consumers.

The CCPC’s Assessment was not its final decision in respect of the proposed merger. The parties were both provided with the opportunity to respond to the CCPC’s preliminary conclusions in writing and orally. However, although the acquiring party informed the CCPC that it did not agree with the preliminary conclusions reached by the CCPC in its Assessment, it informed the CCPC on 12 December 2022 that it had decided not to proceed with acquisition and that it considered the proposed acquisition to be withdrawn. The CCPC’s investigation was therefore closed.

In cases where a final decision is made, parties can appeal a determination to block or clear a merger with conditions to the High Court.

Question No. 241 answered with Question No. 233.

Departmental Contracts

Questions (242)

Louise O'Reilly

Question:

242. Deputy Louise O'Reilly asked the Minister for Enterprise, Trade and Employment if he will provide a list of contracts his Department currently has with a company (details supplied); and the estimated value of those contracts. [20182/23]

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Written answers

My Department does not have any contracts with the company in question.

My Department and Offices (the Companies Registration Office, the Intellectual Property Office of Ireland, the Labour Court and the Workplace Relations Commission) do not own any property. The Department and Offices are tenants in ten buildings across the country provided by the Office of Public Works.

Enterprise Support Services

Questions (243)

Brendan Griffin

Question:

243. Deputy Brendan Griffin asked the Minister for Enterprise, Trade and Employment the number of people employed in Enterprise Ireland-supported companies in Kerry in the past five years; and if he will make a statement on the matter. [20200/23]

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Written answers

Enterprise Ireland surveys its’ portfolio of clients annually to collect employment data. This survey occurs over October/November each year. On the basis of this survey, Enterprise Ireland supported 4,874 jobs in Kerry in 2022. This represented an increase of 276 jobs when compared to 2021.

Enterprise Ireland has made payments of €23,750,249 in funding to Kerry based companies between 2019 and 2021 with a further €5,461,634 in payments for infrastructural projects.

These investments have helped companies enhance productivity and resilience, drive new entrepreneurship, develop urban centres of growth, and support the expansion of scaling companies in the county which in turn will further increase employment figures in the county.

The number of people employed in Enterprise Ireland-supported companies in Kerry in the past five years is shown in the table below.

Enterprise Ireland Annual Employment Survey 2022

Annual Employment Survey (AES) Total Employment by county per given year

County

Data

2022

2021

2020

2019

2018

Kerry

Total Jobs

4,874

4,598

4,697

4,828

4,833

School Funding

Questions (244)

Ivana Bacik

Question:

244. Deputy Ivana Bacik asked the Minister for Education the amount of funding which has been drawn down for solar photovoltaic panels as part of the summer works scheme; and the amount drawn down by each school, in tabular form. [20066/23]

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Written answers

The Department is leading an ambitious sustainability agenda and has progressed a wide array of measures to improve the overall sustainability of our school buildings.

Schools that are designed and built in accordance with the Department’s schools technical guidance documents have been achieving A3 Building Energy Ratings since 2009 with current schools typically achieving up to 20% higher energy performance and 25% better carbon performance than required by the current Building Regulations, along with 10% of primary energy provided via photovoltaics and infrastructure provision for electric vehicle charging.

In addition to this, my Department and the Department of Environment, Climate and Communications established a jointly funded pathfinder programme, which is administered by the Sustainable Energy Authority of Ireland (SEAI) and the Planning and Building Unit in the Department of Education with delivery support from Limerick Clare ETB.

This pathfinder is a great example of collaboration ensuring the deployment of new design approaches and technologies are introduced to the educational environment on an evidence based approach. This programme continues to assist the Department to explore options and test various solutions for decarbonised energy efficiency solutions in our broad range of school building types.

The pathfinder programme has retrofitted 48 schools across Ireland to date with work on an additional 16 schools currently at various stages of progress.

The works typically involves upgrades to the building fabric including wall and roof insulation, doors and windows, air tightness improvements, LED lighting and heating upgrades as well as renewable technologies.

It is really positive news for our schools that Budget 2023, through the Climate Action Fund, will enable the provision of Photovoltaic Panels in schools up to 6KW output. It is intended the provision of the solar panels will be fully funded for schools. PV panels will assist schools with their energy needs and costs along with supporting the decarbonisation of our school buildings.

In respect of the roll out of PV panels, my Department's Officials are working closely with the Department of Environment, Climate and Communications colleagues in relation to the arrangements for this multi-annual scheme and details will be announced in due course. This work will also determine the drawdown arrangements for the multi-annual scheme.

As part of planning for the rollout of this multi-annual scheme, the capacity surveys of the school system that are currently underway will also include obtaining up to date data on the number of schools that have solar panels currently. This is important preparatory work in planning for the rollout of this multi-annual scheme. Current indications suggest that nearly 10% of post-primary schools have solar PV panels, and 5% of primary schools.

As part of planning for 2023 and beyond, my Department's officials are also working on the arrangements for the next phases of the summer works programme. It is envisaged at this stage that, a new Multi-Annual Summer Works Scheme with a focus on climate action and energy conservation will be opened for new applications later in 2023 for delivery of projects on a phased basis from 2024 onwards. Schools will be notified of the details of the Summer Works Scheme as soon as practicable.

School Transport

Questions (245)

Brendan Smith

Question:

245. Deputy Brendan Smith asked the Minister for Education if provision will be made to enable persons aged 70 years and over, subject to appropriate medical checks, to drive public service vehicles and vehicles employed on State contracts as difficulties are arising in many areas, such as school transport with shortage of qualified drivers; and if she will make a statement on the matter. [20124/23]

View answer

Written answers

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education. In the current school year, over 147,900 children, including over 18,000 children with special educational needs, are transported on a daily basis to primary and post-primary schools throughout the country.

In addition, school transport scheme services are being provided in the current school year for over 3,800 children who have arrived to Ireland from Ukraine.

The total cost of the scheme in 2022 was €338.9m.

The purpose of my Department's School Transport Scheme is, having regard to available resources, to support the transport to and from school of children who reside remote from their nearest school.

While over 90% of services are contracted locally, Bus Éireann apply stringent assessments of each individual driver on school routes.

It is Bus Éireann company policy that normal retirement age for all Bus Éireann staff is currently 66 years. However, Bus Éireann part-time school bus drivers and drivers nominated by private operators who operate service as part of the School Transport Scheme may continue to perform in the role provided they hold the requisite license and satisfy an annual medical examination until they retire at age 70. This policy and criteria is applied to all drivers who provide school transport services on behalf of Bus Éireann equally.

The age limit on school bus drivers was increased to 70 years a number of years ago. While Bus Éireann have informed the Department there is no plan to increase the age limit further at this time, the matter will continue to be kept under review.

School Admissions

Questions (246)

Eoin Ó Broin

Question:

246. Deputy Eoin Ó Broin asked the Minister for Education if she will provide advice to the family of a young person (details supplied) who has been unable to obtain a school place for first year in their locality and further afield, and who is advised it is unlikely they will obtain a place in an appropriate school at this stage of the year. [19933/23]

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Written answers

As the Deputy will be aware, for school planning purposes, my Department divides the country into 314 school planning areas and utilises a Geographical Information System to anticipate school place demand. Information from a range of sources, including Child Benefit data, school enrolment data and information on residential development activity is used for this purpose. Additionally, Project Ireland 2040 population and housing targets inform my Department's projections of school place requirements.

While my Department is aware of increasing pressures and demand for additional school places it is important to note that where enrolment pressures arise, it may not be as a result of lack of accommodation but may be driven by the following factors:

• Duplication of applications – pupils have applied for a place to a number of schools in the area• School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area• Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils• External draw – pupils coming from outside the local area

My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.

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 may 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.

My Department is working to establish the true extent of any capacity issues across school planning areas through ongoing discussions with the relevant school patrons and authorities.

This close engagement will allow my Department to identify particular capacity requirements for the forthcoming years which may necessitate further action to that already in train including, where required, the provision of modular accommodation solutions.

The Educational Welfare Services (EWS) of the Child and Family Agency (Tusla) is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child. The local service is delivered through the national network of Educational Welfare Officers (EWO). Contact details are available at www.tusla.ie/get-in-touch/education-and-welfare/

School Enrolments

Questions (247)

Eoin Ó Broin

Question:

247. Deputy Eoin Ó Broin asked the Minister for Education if she will provide an update on secondary school capacity in Dublin Mid-West; if her Department have ascertained the full picture of capacity issues in the area; if she is aware that there are still a number of young people in the area without an appropriate school place for the coming school year; and the action her Department is taking to ensure school places for young people in this situation. [19934/23]

View answer

Written answers

As the Deputy will be aware, for school planning purposes, my Department divides the country into 314 school planning areas and utilises a Geographical Information System to anticipate school place demand. Information from a range of sources, including Child Benefit data, school enrolment data and information on residential development activity is used for this purpose. Additionally, Project Ireland 2040 population and housing targets inform my Department's projections of school place requirements.

While my Department is aware of increasing pressures and demand for additional school places it is important to note that where enrolment pressures arise, it may not be as a result of lack of accommodation but may be driven by the following factors:

• Duplication of applications – pupils have applied for a place to a number of schools in the area• School of choice – pupils can’t get a place in their preferred school while there are places in other schools in the town/area• Some towns/areas have single sex schools and while places are available in the school they are not available to all pupils• External draw – pupils coming from outside the local area

My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. In relation to school admissions, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998.

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 may 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.

My Department is working to establish the true extent of any capacity issues across Dublin Mid-West school through ongoing discussions with the relevant school patrons and authorities.

This close engagement will allow my Department to identify particular capacity requirements for the forthcoming years which may necessitate further action to that already in train including, where required, the provision of modular accommodation solutions.

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