Seanad Éireann

Vol. 250 Tuesday, No. 4 21 February 2017

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Insert Date Here

21/02/2017A00100Business of Seanad ��254

21/02/2017B00100Commencement Matters ��254

21/02/2017B00150Cycling Policy ��254

21/02/2017E00100Third Level Fees ��258

21/02/2017G00250Services for People with Disabilities ��261

21/02/2017N00100Order of Business ��263

21/02/2017Z00275Industrial Dispute at Tesco Ireland: Motion ��277

21/02/2017DD00100Recent Education Announcements: Statements ��277 SEANAD ÉIREANN

Dé Máirt, 21 Feabhra 2017

Tuesday, 21 February 2017

Chuaigh an Cathaoirleach an i gceannas ar 2.30 p.m.

Machnamh agus Paidir. Reflection and Prayer.

21/02/2017A00100Business of Seanad

21/02/2017A00200An Cathaoirleach: I have received notice from Senator Alice-Mary Higgins that, on the motion for the Commencement of the House today, she proposes to raise the following matter:

The need for the Minister for Transport, Tourism and Sport to make a statement on his plans for the delivery and implementation of the national cycling framework and for the appointment of a national cycling officer, in particular, how he intends to achieve the target of having 10% of all journeys to be on a bicycle in both urban and rural areas versus less than 2% at the moment, and whether he will set a spending target for cycling infrastructure for the National Transport Authority.

I have also received notice from Senator Catherine Noone of the following matter:

The need for the Minister of Health to outline if he will take steps to seek an immediate resolution to the industrial relations issues in the Civil Registration Service which are hold- ing up the commencement of section 97 of the Children and Family Relationships Act 2015.

I have also received notice from Senator Billy Lawless of the following matter:

The need for the Minister for Education and Skills to end the discrimination concerning eligibility of Irish citizens abroad for the third level free fees initiative.

I have also received notice from Senator Jennifer Murnane O’Connor of the following matter:

The need for the Minister for Education and Skills to provide an update on the provision of funding for Saplings special needs school in Graiguecullen, County Carlow, as the current building is not fit for purpose.

I have also received notice from Senator Neale Richmond of the following matter:

The need for the Minister for Social Protection to guarantee the medium to long-term 254 Seanad Éireann financial support for the local employment scheme.

I have also received notice from Senator Colm Burke of the following matter:

The need for the Minister for Education and Skills to clarify the current position on funding being provided for a new primary school, Scoil an Athar Tadhg, in Carrignavar, County Cork, and to confirm that it will proceed to the tendering process early in 2017.

I have also received notice from Senator Keith Swanick of the following matter:

The need for the Minister for Health to initiate a full review of services provided at St. John of God north-east services, St. Mary’s, Drumcar, County Louth.

I have also received notice from Senator Brian Ó Domhnaill of the following matter:

The need for the Minister for Foreign Affairs and Trade to provide a comprehensive update on the Government’s efforts to press the British Government to implement the Stor- mont House Agreement with particular reference to the need to provide a truly independent investigations unit that will conduct effective, independent, reasonably prompt investigations into conflict-related killings.

I regard the matters raised by the Senators as suitable for discussion. I have selected the matters raised by Senators Higgins, Noone, Lawless and Murnane O’Connor and they will be taken now. Senators Richmond, Burke, Swanick and Ó Domhnaill may give notice on another day of the matters they wish to raise.

21/02/2017B00100Commencement Matters

21/02/2017B00150Cycling Policy

21/02/2017B00200Senator Alice-Mary Higgins: I thank the Minister for Transport, Tourism and Sport for joining us today. I ask the Minister to make a statement on the national cycling framework, the appointment of a national cycling officer and, specifically, the commitment in the national cycling framework of having 10% of all journeys in urban and rural areas made on a bicycle and the journey we need to make from the 2% at the moment. I also ask the Minister to address the spending target for cycling infrastructure for the National Transport Authority and whether he will seek to achieve a 10% of spend within the National Transport Authority, which is quite short of what the UN recommends which is 20% of national transport budgets to be spent on cycling.

There are multiple reasons I am asking for this specific focus on cycling. We know it is an efficient, a cheap, a healthy and an environmentally-friendly mode of transport, something which effectively tackles congestion and contributes to health, participation in public life and our climate ambitions, and I would like if the Minister could address that.

We saw in the newspapers today figures which show the public enthusiasm for cycling. Over the last decade, 12,000 cyclists are now crossing the canals, which is an increase of 7,000. 254 21 February 2017 That is very much matched by a decrease of motorists making those journeys. This can only be good for our city centre but while there is public enthusiasm, we have not seen the same level of enthusiastic engagement at departmental level and we still have a concern that cycling seems to be treated as a peripheral part of our transport strategy rather than a very central plank. We now see that a majority choose sustainable options in terms of entering Dublin city centre. In other cities around the country, such as in Galway, people have said that if those options were being presented in terms of sustainable transport, many congestion problems could be solved and we could see that same balance of transport.

The Government recently issued a statement of strategy which made one reference to more commutes by way of walking and cycling but it did not really make the links - I would like if the Minister could elaborate on this - on how it would also fulfil the other goal of a low-carbon transport sector by 2050. What are the measures that will be put in place in terms of those more commutes by way of walking and cycling?

We also have a smarter travel commitment since 2009 to reduce journeys taken by car from 65% to 45% and increase to 55% sustainable transport by way of walking, cycling and public transport. I would like to hear how the Minister plans to implement them. Specifically, in the national cycling framework, there was a commitment and a recommendation in terms of a national cycling officer and the achievement of that target of 10% of journeys.

I recognise the Minister has taken one positive initiative in terms of cycle education in schools but research from the CSO shows that only 8% of boys are cycling to school and only 1% of girls. There is a key issue around safety and inclusion in terms of cycling strategy and education alone cannot be the answer. We need to look to meaningful and appropriate infrastructure. In countries where the infrastructure is place, the evidence shows more inclusive participation, a greater gender balance in cycling and older and younger people participating. I would like the Minister to indicate how he plans to address and put in place infrastructural spend to support cycling.

In pushing forward this cycling strategy, how is the Minister engaging with other Depart- ments, for example, the Department of the Minister for Communications, Climate Action and Environment, Deputy Naughten, which is leading in the area of climate change and is looking to how sustainable transport is going to play a key role? Some 25% of global emission of carbon dioxide comes from motorised vehicles. Clearly, transport has to be at the centre of our climate change and sustainability strategy and our health strategy. Information from the UK, for example, shows that the NHS has indicated that £1.7 billion could be saved by an increase in cycling. I would be very grateful if the Minister could address those issues.

21/02/2017C00100Minister for Transport, Tourism and Sport (Deputy Shane Ross) (Deputy Shane Ross): I thank the Cathaoirleach for the opportunity to address this question which was not addressed completely last week. I apologise for that but it is difficult to address all the questions in the Chamber. If I do not address all the questions or have precise answers today, the Senator is welcome to send them on to me and I will address them.

I am sympathetic with what the Senator said, particularly when only 8% of young boys and only 1% of young girls cycle to school. That is a stark figure and not satisfactory. The cycling community is vocal about what it feels and is powerful. It is a strong lobby group which has made a good case for greater attention in the future. Many of the initiatives which have gone wrong or have not met their targets are, for some reasons, beyond their control. Some of the tar- 255 Seanad Éireann gets were certainly overambitious and could not be fulfilled because the principal programme was initiated in 2009. Everybody knows what happened between 2009 and now. The finances of the State meant cycling was not the only project in which targets were missed. Most of these programmes were cut vehemently.

I said before that the 10% target was an ambitious one. In retrospect, it was probably overambitious and one which we were unable to meet. However, it must be recognised this target, as well as others, contained in the national cycle policy framework and smarter travel were predicated on substantial investment under the Transport 21 investment plan at the time which, given the economic crisis which ensued, could not be delivered on. That said, it is obvious we will not achieve that ambitious target. However, that does not mean progress has not been made. The Senator rightly referred to some of the progress made. It may be, as she says, due more to the spontaneity of those enthusiastic about cycling than Government policy. However, that is a matter for debate. Success has been achieved and there has been a big modal shift which is fair to acknowledge. It might not have happened to the extent we wanted, but it has happened. We are continuing to strive towards achieving further growth in the numbers cycling.

In that regard, the canal cordon count report published by the National Transport Author- ity and Dublin City Council last week showed the number of people using sustainable modes of transport, namely, public transport, cycling and walking, into Dublin city centre increased further in 2016 and now accounts for over two thirds of all journeys. The number of journeys by sustainable modes of transport in 2010 was 59%. This has increased every year since then to 67% in 2016. This is obviously an indication that the gap between people using sustainable and non-sustainable modes of transport continues to grow. It might not be fast enough, but it is happening.

Of the journeys made into Dublin city centre, cycling continued its steady trend of increasing usage. That represents a modal share of 6%. While overall cycle numbers are up 150% on 2006, the cycle mode share has more than doubled in the same period and has increased year on year since 2010.

It must also be borne in mind that these heartening statistics do not include the numbers using the dublinbikes scheme within the canals. It is likely that a further few thousand cycling trips took place during the 7 a.m. to 10 a.m. peak period of the count if users of the dublinbikes scheme were factored into the equation. The numbers now cycling into Dublin city in the morning peak are on a par with those using the Luas. We see continued growth year on year in the numbers cycling in Dublin.

Cycling will continue to play an important part in addressing congestion in Dublin city centre and in other urban centres. We need to persuade the 33% who continue to use private motor vehicles, usually occupied by only one person during peak commuting times, to switch to a more sustainable and an efficient mode of transport, be that public transport, cycling or walking. We have no more space for private motor vehicles in Dublin city centre and we need to use the limited space we have in the most efficient way possible.

However, while the numbers cycling in Dublin show significant increases, we are not seeing similar increases in the regional cities of Galway, Cork, Limerick and Waterford. Unfortunate- ly, we do not have similar counts set up for those cities at present. However, my Department, along with the NTA, is investing in cycling and walking infrastructure in these cities. However, my Department, along with the NTA, is investing in cycling and walking infrastructure in these 256 21 February 2017 cities. Last week, my colleague, the Minister of State, Deputy O’Donovan, officiated at the opening of the Limerick smarter travel area flagship route from the city centre to Corbally and the University of Limerick. I am sure this route will see excellent usage in the years ahead.

The significant investment of €21.7 million made in Limerick, Dungarvan and Westport by my Department under the smarter travel area scheme will be assessed this year to see the effect it has had on the numbers choosing to travel by sustainable transport modes, and will inform our future funding decisions. We will take action as a result of those findings.

We need to see what has worked and what has not before we make further funding decisions. We also invested significant amounts under the active travel town banner in a further 11 towns. I do not believe that setting a target of expenditure for the NTA for cycling infrastructure would be helpful at present. It is important to remember that for the first time, the greater Dublin area cycle network plan is included in the NTA’s greater Dublin area transport strategy.

In addition, a draft network plan is currently being developed for Cork. These network plans will now guide the funding requirements for those areas and ensure that there is a steady stream of projects in planning, design and construction. While there is currently no national cycling officer in place, a number of local authorities have appointed cycling officers for their regions, which is a welcome step and a recognition of the importance of cycling as a reliable and viable mode of transport. My Department will be undertaking a review of the national cycle network policy this year and will consider the appointment of a national cycling officer in that context.

I acknowledge that we are below expectations in what we had aspired to do in the cycling area. This is mostly due to financial constraints. As a result of the mid-term capital plan this year, we intend to put cycling and cycling projects as top priorities. Some of the money which might have been used for certain projects sometimes gets diverted. This year, for example, the Luas cross-city project has taken up an enormous amount of funds, but it would be wrong to delay that for any particular reason. Competing areas have created a problem for cycling and meant that we have not met our targets. We intend to improve that in future, however, and particularly in terms of the mid-term capital plan.

21/02/2017D00200An Cathaoirleach: We normally have eight minutes for each Commencement matter but we have already used 12 minutes for this one, so if the Senator is asking a supplementary question it will have to be brief. The other matters will have to be cut because 12 minutes is extraordinarily long.

21/02/2017D00300Senator Alice-Mary Higgins: The Minister mentioned many of the local projects, but it is unfortunate to see that the smarter travel scheme and sustainable transport grants have been cut. We have seen less resources for that in 2015 to 2016 and now into 2017. How do we marry this regional focus with the fact that we are cutting funding in that area?

Since 2009, climate change has continued apace. All the evidence points to the fact that cycling is not simply a matter of expenditure and cost, but is also a net saving. It is one of the most inexpensive and efficient modes of transport, so I would ask the Minister to address that.

As regards road safety, the Minister talked about persuasion. It is hard to persuade people, however, when they see accidents such as the one in Kildare last week. Six hundred members of a club are surely influenced when a lack of infrastructure leads to yet another tragic death of a cyclist.

257 Seanad Éireann

21/02/2017D00400An Cathaoirleach: I call the Minister for a brief reply. He has already given a comprehensive answer.

21/02/2017D00500Deputy Shane Ross: I fully accept virtually everything the Senator has said. In the mid- term capital review, I will certainly consider cycling projects as a priority. If the Senator wishes to send me any more detailed questions in writing, I will get them answered because I know she cannot come in every week.

21/02/2017E00100Third Level Fees

21/02/2017E00200Senator Billy Lawless: I thank the Cathaoirleach for selecting this Commencement matter. I also thank the Minister of State, Deputy Damien English, for attending.

In 1995 the then Government decided to abolish undergraduate fees for Irish and other EU students. The scheme was generally referred to as the free fees initiative. Fees were cut by 50% in 1995 and eliminated thereafter. In announcing the introduction of free fees in Ireland on 9 February 1995 the then Minister, Niamh Bhreathnach, expressed to Dáil Éireann the universal- ity dimension to what was a radical change in third level education in the State. She stated, “An education system which will no longer decide on behalf of its students what is a right and what is a privilege is an education system which aspires to include all the needs of the community.” She went on to express the intent behind the free fees initiative, which has stood to this very day:

Education is the most pervasive and sustained interaction between the child, the family and the State and I believe that it is the most important such relationship. The importance of the individual child is central to my vision of education.

I agree wholeheartedly with the sentiments expressed by the then Minister in 1995 and the continuation of the free fees initiative by successive Ministers for the past 20 years, but I cannot stand over how the scheme does not cherish all of Ireland’s children equally. Article 2 of the Constitution reads:

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland.

It is the final passage of Article 2 which is crucial that I would like the Minister of State to consider: “Furthermore, the Irish nation cherishes its special affinity with people of Irish ances- try living abroad who share its cultural identity and heritage”. How can it be said the free fees initiative includes all of the needs of the community when the very community the entitlement of which is enshrined in the Constitution will actually be discriminated against should its members wish to obtain a third level education in this country? I ask the Minister of State to consider how his Department, the Higher Education Authority or the third level colleges for which his Department provides block grants can determine that an Irish citizen who has resided in Ireland for at least three years is more worthy of access to the third level education system than an Irish citizen who has lived abroad. It is constitutionally inappropriate that Irish citizens abroad are discriminated against in such a manifest fashion in the delivery of third level education services. Irish citizens abroad are no less Irish than the Minister of State or me. If they determine that they wish to study in Ireland, they will pay VAT on the products they purchase, tax on any 258 21 February 2017 part-time income they generate and, no doubt, a few quid for the beer they drink, like any other student. In return for the same contribution their fellow Irish citizens make to the State, they will not, however, be entitled to the same level of support for the education services to which, as citizens of the State, they are entitled.

An obstacle faced by children of emigrants to the United States is the American citizenship or permanent resident rule that applies to many scholarships to colleges in the United States. Many of the children concerned are consequently prohibited from applying for these scholarships as they are not US citizens. Therefore, they find themselves in the unenviable position of being disadvantaged by the citizenship requirement in the country in which they reside and the residency requirement in the country of which they are citizens, namely, Ireland. This double disadvantage leaves them in an educational limbo.

I have seen at first hand the commitment the Government has made to the diaspora, to which in many ways my appointment to the Seanad is testament, but I cannot see how, as a matter of basic fairness, the Minister can justify this form of discrimination against those very citizens in respect of whom it is the stated policy of the Government to foster deeper ties and relations. At a time when walls are being built on the other side of the Atlantic, why would the State not want to attract the best and brightest back to Ireland and bring them through the third level education system in order that they could be the nurses, doctors, engineers and scientists of the future? On behalf of all Irish citizens, be they living abroad or at home, I implore the Minister of State to uphold Government policy, respect the Constitution and put an end to the continuation of this discriminatory practice in the administration of the free fees initiative in third level institutions.

21/02/2017F00100Minister of State at the Department of Housing, Planning, Community and Local Government (Deputy Damien English) (Deputy Damien English): I thank Senator Billy Lawless for raising this matter. I want to apologise on behalf of my colleague, the Minister, Deputy Richard Bruton, who is engaged in the other House and cannot be here for this debate, although he wanted to be here because it is an important issue.

I will begin by explaining the background to the current free fees schemes. Under the terms of the Department’s free fees schemes, the executor meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are of a minimum of two years duration in an approved institution. The main conditions of the scheme are that students must be first-time undergraduates, meet the nationality clause, which is Irish, EU, EAA or Swiss, of the scheme in their own right and, for study at levels 6, 7 and 8 in universities and level 8 in institutes of technology, and have been ordinarily resident in an EU, EEA or Swiss state for at least three of the five years preceding their entry to an approved third level course.

Where students do not meet the eligibility requirements for free tuition fees, including the residency requirement, they are liable to pay the appropriate tuition fee, either EU or non-EU, as determined by the third level institution. These institutions are autonomous bodies and the level of fee payable by students who do not meet the requirements of the free fees schemes is therefore a matter for the relevant institution. Due to concerns about the fact that in some cases the higher non-EU fee was being charged to students who hold EU, EEA, Swiss nationality but who do not meet the residency clause for free fees, the then Minister for Education and Skills requested, in March 2014, that the higher education institutions charge the more moderate EU fee to such students who have completed at least five academic years of study, at primary or post-primary level, in Ireland, the EU, the EEA or Switzerland and commence their first under- 259 Seanad Éireann graduate course of study in an approved institution here.

That position took effect from the academic year 2014-2015 onwards. The particular concern was in regard to those people who have had to move abroad for occupational or economic reasons requiring them to take their children out of the Irish education system in the process. If, after a period, they return to live in Ireland, their children may not have met, in some cases, the residency criteria necessary to qualify for free fees. In addition, they may then have found themselves to be doubly disadvantaged by being charged a higher non-EU rate of free fees designed for international students rather than the more moderate EU rate. The Department was anxious to ensure that the children who move out of the Irish education system in such circumstances and subsequently return should not be doubly disadvantaged by being charged a higher non-EU rate of fee.

Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners.

To alter the residency requirement would significantly extend eligibility for free fees and would have to be extended not only to Irish nationals but also to the nationals of other EU countries. It could only be considered in the context of additional Exchequer resources being made available to the colleges. Senator Lawless is raising the issue of citizens living in the United States, which I will raise with the Minister, Deputy Bruton, but it is a discussion that would only happen if there is increased funding available to be able to make it available to the institutions. It would open the doors not just to our own citizens, regardless of where they live, but also to other EU nationals living here. It is a cost that might prove to be unmanageable for us at this time. I thank the Senator for affording me the opportunity to respond to the House on this matter and bring some clarity to it also. I will pass on the Deputy’s sentiments and the argument he is making to the Minister to allow him further analyse the position.

21/02/2017F00200Senator Billy Lawless: I thank the Minister for the response. I would like to put on record that whereas I am aware they do not fall under his responsibility, in addition to issues around access to third level education there are a number of other problems facing returning emigrants, including car insurance, driving licences, grants for first-time home buyers, etc. I would ask that the Government as a whole begin a dialogue with all support organisations to address these issues. We want our citizens abroad to return home and we should not put any barriers in front of them. I again thank the Minister for coming into the House.

21/02/2017F00300Deputy Damien English: That is something I would certainly welcome. I know from my previous role in the Department of Jobs, Enterprise and Innovation and my current one in the Department of Education and Skills that even from a skills point of view and from 3 o’clock the point of view of our economy, many people such as the ones the Senator represents are abroad with the skills we need. From a construction point of view, the housing agenda I am involved in with the Minister, Deputy Simon Coveney, and across many other Departments in terms of the science and research agenda and the many technology jobs, we need the people who have those skills to come home.

We need people who come home to have the skills as well and they also need to be able to upskill when they get there. We have an interest in trying to eliminate some of the barriers. Senator Lawless has touched on some of them, namely, housing and car insurance but even fit- ting back into the system can be complicated when it comes to social welfare. We are aware of 260 21 February 2017 the issues and we have attempted it in some areas with enterprise but perhaps a greater effort is required by all of us. I would be interested in engaging with the various bodies that are there to help, and the representative bodies in order to make this happen. With certain issues, if we deal with them in advance it can make it easier for people to make that journey home.

21/02/2017G00200Senator Billy Lawless: I appreciate what the Minister of State has outlined and thank him.

21/02/2017G00250Services for People with Disabilities

21/02/2017G00400Senator Jennifer Murnane O’Connor: I wish to speak to the Minister of State about a school in Carlow. This is the third issue relating to a school that I have raised in recent months concerning schools for children with disabilities. I will explain the situation to the Minister of State, whom I am sure has investigated the matter.

Saplings Carlow is a special school for children with autism and complex needs. In 2007 a number of parents from the Carlow area began the process of setting up the school. It was run more or less like a private school with tutors assigned and designated to each pupil. The school thrived and by 2010 became a Department of Education and Skills special school. Teachers and a principal were employed. DEIS funding paid a grant for the behaviour analyst and tutors became SNAs, resuming all of their previous duties. After Iengthy negotiations a seven-year transition agreement was reached, which has now been extended to 2019, a further two years.

The school originally started as a 12-pupil school and has recently grown to 19 pupils. It currently has a principal, a behaviour analyst, four teachers and 13 SNAs. The group of pupils range from four years to 18 years and have mild to severe learning difficulties with autism being the primary diagnosis. Pupils who attend Saplings Carlow do so mainly because of the nature and severity of how their behaviour and autism impacts on their daily life. Many pupils have failed to progress in their placement in mainstream schools, autism spectrum disorder units and special schools so this school is essential seen as a high-support placement and a specialised setting.

Many of the staff are highly qualified having master’s degrees in special needs and autism. The main issue with the school building is that it is not fit for purpose. On 8 December 2016 the school had a critical incident whereby one of the pupils became extremely aggressive, which resulted in one teacher being knocked unconscious and many staff were injured. Both the children and the staff are in serious danger of being hurt. There is a duty of care to both pupils and staff. However, if they cannot educate the pupils there are no other options for them or their parents.

The conditions are appalling. It is unacceptable that society’s most vulnerable children and the staff dedicated to them endure such inappropriate conditions. The school is based on the site of an old bungalow house. Therefore, the heating and sewerage are not suited to the needs of a school. The heating system is inadequate for the school. The building is freezing on a daily basis, with many staff and children wearing coats for the entire day. That is difficult to believe in 2017. There is severe damp in the bungalow. The damp is dreadful with a fungus continuously growing on the walls. The corridor is narrow and is not wheelchair-accessible, which is a problem as many children are in wheelchairs.

When a child is demonstrating challenging behaviour and is engaging in continuous aggres- 261 Seanad Éireann sion, self-injuring or high-magnitude destructive behaviour, they are escorted to the chill room or outside, depending on the child, regardless of the weather. Staff have received injury after injury and multiple bruising from being shoved, punched, kicked and hit in the narrow corridor. There are days when an aggressive child has to stand outside in the rain until he or she calms down because the physical space is not available inside the building. Another issue is that the child is a safety concern for other pupils. It is difficult to believe that is happening in 2017.

The staff kitchen is far too small. The kitchen was originally built to accommodate a family of four and now it must accommodate a staff of 20 plus. The staff room is a place of rest and should be a place of rejuvenation for staff members. The main bathroom is leaking and the leak from the bathroom is now coming into the classroom. The disruption caused is appalling. As well as the many other issues the school faces, the daily issues include problems with sewerage, yard space, no general purpose room or adequate room for eating lunch or getting exercise on wet days. The front lobby is extremely narrow and dangerous, with far too many students, escorts and parents dropping and collecting children. A staff member’s nose was broken this time last year, and two teachers have had their noses broken since then.

The lack of space and health and safety risks are endured on the premises every day. The sewage is overflowing and backs up once a month, sometimes fortnightly. It is costing €250 to deal with the problem each time, which means that grants are spent on trying to sort out the sewage problem.

Every year, the school has phone calls from parents looking for places for their children. It is not in any position to enrol more students this year because it is too small. This time last year, 29 children were enrolled in the school but only six could be facilitated. Expressions of interest for this year have been sought and many families are trying to get their children into the school.

I am ashamed that, in 2017, these vulnerable children, who do not attend mainstream schools or fit into autism units in mainstream schools, are dealing with conditions like this.

21/02/2017H00200Deputy Damien English: Senator Murnane O’Connor made a very strong case. I understand the situation.

I apologise that the Minister for Education and Skills, Deputy Richard Bruton, was not present to hear the strong case the Senator made. He is familiar with the Saplings school in Carlow, the great work that is done there. I understand there are 19 students, four teachers and 12 other staff. The Minister is familiar with the work that is being done there and understands the situation.

The Senator asked us to outline the position from our point of view and that of the Depart- ment. Saplings school is a co-educational school operating under the patronage of Saplings Limited Carlow and caters for children with autism and complex needs. The Saplings facility was founded in 2007 by Saplings Limited, which had responsibility for sourcing and operating the accommodation that the school currently occupies and has rented a property from a local landlord. As the Senator said, the parents established the school in 2007.

Saplings was granted temporary recognition as a primary school by the Department of Ed- ucation and Skills in 2011. In this regard, the board of management has responsibility for the school’s accommodation. This includes responsibility for ensuring that the accommodation complies at all times with planning, fire, health and safety, and building regulations. The school’s management must also satisfy itself that the necessary insurances are in place. 262 21 February 2017 In September 2016, the school was granted permanent recognition by the Department. As part of this recognition, the board of management was advised that the provision of interim accommodation remained the responsibility of the patron.

The Department is aware that there are issues with the sewerage system at the school and that the board of management has made arrangements to have these matters addressed. The Department provides funding for the school towards the cost of renting the current building. The Department also provides a grant to the school to facilitate reconfiguration works within the building to provide an extra classroom and additional sanitary facilities to meet increased enrolment. The Department is aware that the board is actively looking for alternative accommodation and will continue to engage directly with the school in the context of its accommodation needs.

21/02/2017H00300Senator Jennifer Murnane O’Connor: I compliment the board of management, which is doing an excellent job. It has looked for accommodation but the current bungalow is not fit for purpose. The board of management and the Department should seek a new premises im- mediately. It is very difficult to find a suitable premises for the children’s needs. This is urgent. I ask the Minister of State to ask the Minister for Education and Skills to intervene and make sure that the Department helps the board of management to find a new premises for the children, who are the most vulnerable children in our society.

21/02/2017H00400Deputy Damien English: I will pass on the information to the Minister, Deputy Bruton. The Department funds the rent for the current premises and is quite happy to fund the rent for an alternative premises. From the point of view of the Department, the board is responsible for the premises and is also best placed locally to find alternative accommodation. We understand it is looking for that, and will be happy to facilitate that and work with the board of management.

In terms of capital plans for the future, it is only when a school has permanent recognition that it can apply for capital funds belonging to the taxpayer. The school received that in Sep- tember 2016. It is something on which the patron and parents can work if they want to bring forward a case for a new building or permanent building for the school. That is entirely up to themselves but the Department understands they are seeking alternative accommodation. The Department is happy to work with them and will fund such accommodation. The decision on the matter is a local one for the school board.

Sitting suspended at 3.10 p.m. and resumed at 3.30 p.m.

21/02/2017N00100Order of Business

21/02/2017N00300Senator Jerry Buttimer: The Order of Business is No. 1, statements on recent education announcements, to be taken at 4.45 p.m. and to conclude no later than 6.30 p.m., with the contributions of group spokespersons not to exceed eight minutes, those of all other Senators not to exceed five minutes and the Minister to be given ten minutes to reply to the debate.

21/02/2017N00400Senator Catherine Ardagh: I wish to raise the plight of homelessness, an issue that my party has raised on numerous occasions. Sadly, it is an issue that affects many families today. To put it mildly, I was disappointed to read this morning in The Irish Times that the number of people homeless has reached a new high with over 7,000 people now homeless. It is new high in terms of homelessness but it is a new low for this Government. 263 Seanad Éireann In early January the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, said he would end the scenario of homeless families living in hostels by the middle of this year. While I am sure the Leader of this House wishes his constituency colleague every success in becoming leader of the Fine Gael party, the figures published today show exactly why Fine Gael Ministers, like Deputy Coveney, must prioritise their Departments and the interests of the country above their personal ambitions. Likewise, if the Minister for Health, Deputy Simon Harris, who refused to come to this House in recent weeks to discuss the important issue of the national children’s hospital, is so anxious to be rid of responsibility for the Department of Health, I am sure there are many others who would be committed to resolv- ing many of the problems facing that Department rather than running away from them.

Returning to the homelessness challenge, it is nothing short of sickening that more than 7,000 people are homeless, of whom almost 2,500 are children. The Minister, Deputy Simon Coveney, has claimed that he will put an end to homeless families living in hostels by June this year. It is incumbent on him to publish a report every month on the progress, if any, being made. The sad truth is the Government has sleepwalked into a homeless crisis and now appears to be totally incapable of tackling the problem. The circumstances of some of the most vulnerable people in society are worsening rather than improving, as evidenced by today’s report. This topic has been on the agenda for some time, but the Government appears to be incapable of dealing with it. The figures do not lie. The figures for January were the worst on record. The people concerned are being failed, miserably so, by the Government.

21/02/2017O00400Senator Victor Boyhan: On Senator Catherine Ardagh’s comments on Rebuilding Ireland, I am a member of the Oireachtas Joint Committee on Housing, Planning and Local Govern- ment, at a meeting of which this morning we were given comprehensive statistics for a range of measures in the context of that document. In fairness, the Minister has set targets and timelines, which is brave in the context of any programme, but I am not here to make a case for him. I have been critical of him many times at the joint committee, but he is delivering.

I would like to raise with the Leader the issue of GLAS payments for farmers. I was elected to the Agricultural Panel. In that regard, I have received a number of e-mails and telephone calls about an article that appeared last week in the Irish Farmers’ Journal on late payments under GLAS, something of which I am sure many Members are aware. Farmers are spending on the basis of payments owed to them under the EU-Department of Agriculture, Food and the Ma- rine’s GLAS 1 and GLAS 2. Late payments are impacting on their cash flow. They are borrow- ing from the banks on the strength of these payments. I am speaking not about large amounts but small sums of money, ranging from approximately €300 to €7,000, but any amount is large when one does not have money, particularly at times when farmers are hard-pressed. This is a key issue. Farmers who signed up to GLAS 1 signed up to a range of conditions and commitments in regard to soil nutrients, the GLAS plan, the management plan and the camouflage and other environmental initiatives. They have done what they were required to do and now want their payments. They kept to their side of the bargain and have delivered in accordance with the terms and conditions set down in GLAS 1 and GLAS 2. The Minister for Agriculture, Food and the Marine stated on a number of programmes last week and in a one-to-one interview with the Irish Farmers’ Journal that he could not be sure when the payments would be made. I understand there are complications in the scheme. However, where people have entered into an EU scheme, administered on their behalf by the Department of Agriculture, Food and the Marine, and have complied with the terms of the scheme, as farmers have done, they should not have to wait for their payments. Will the Leader ask the Minister for Agriculture, Food and the Marine

264 21 February 2017 to come to the Seanad at his convenience to outline how he proposes to address the issues aris- ing with this scheme. The farmers’ charter of rights, 2015 to 2020, to which the Department of Agriculture, Food and the Marine is a party, sets out the terms of the scheme and the terms of payment and what can reasonably be expected by the farmers and participating agricultural organisations involved in GLAS 1 and GLAS 2. This is a crisis; it is about cash flow for farmers. Something needs to be done. It is important that the Minister come to the House soon to explain what is happening. I am not interested in hearing about further delays or excuses for the current delays. I am speaking on behalf of the farming community, particularly small farmers to whom €4,000, €5,000 or €6,000 is a lot of money. I want the Minister to come to the House to outline how he proposes to ensure the payments will be made.

21/02/2017O00500Senator Rose Conway-Walsh: I second Senator Victor Boyhan’s proposal that the Min- ister for Agriculture, Food and the Marine be asked to come to the House to discuss the issue of GLAS payments. The GLAS files were submitted to the Department in May and December 2015, but payment is still awaited. I raised this issue in January. It is not acceptable that we are being told at this late stage that the computer is not compatible with the task it needs to perform.

I rise to discuss a matter of which every Senator is aware. Everyone will be disappointed for the family of Pat Finucane following the decision of the Belfast High Court this morning to reject the family’s appeal for an international inquiry into his killing. The Finucanes, led by Pat’s wife, Geraldine, have been campaigning for the truth about his killing for nearly 30 years. It was one of the starkest examples of collusion between British Crown forces and loyal- ist paramilitaries. It was a high-profile killing at the time and has remained so for the past 28 years, not just because Pat was a human rights solicitor, but because of the scale of the collusion involved in his killing. Thanks to the determination of the Finucanes and many hundreds of other families, we now know that collusion was a routine and standard method used by the British Government’s armed forces to kill hundreds of people.

The court’s decision is disgraceful. It is also a reminder of the absence of justice at the heart of the judicial system for those who suffered greatly, and still do, at the hands of the British Crown forces. I urge the Irish Government to continue its efforts to pressurise the British Gov- ernment to co-operate and set up an inquiry into Pat’s killing.

I commend the Minister for Foreign Affairs and Trade, Deputy Flanagan, on accepting an invitation to speak at a memorial lecture dedicated to the memory of Pat Finucane this Thursday evening in Belfast.

There will be statements on education in the Chamber today. I wish to raise the case of the Galway-Mayo Institute of Technology, GMIT. Its multidisciplinary Mayo campus is successful and has offered a range of business, technology, construction, nursing, child care and social care programmes to many who would not otherwise have had access to education. It is my firm belief that there has been a sustained and targeted agenda to dilute and diminish the programmes available through the Mayo campus. The strategic neglect of that campus, including delays in decision making around long-term management and programme development, has angered many people in Mayo. It is not acceptable-----

21/02/2017P00200An Cathaoirleach: This would be more appropriate to the debate when the Minister is present.

21/02/2017P00300Senator Rose Conway-Walsh: I will be at a meeting of the finance committee then.

265 Seanad Éireann I call on the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Humphreys, to return to the Chamber to explain how, on one hand, action No. 124 of the Action Plan for Rural Development asserts that, “these regional institutions will have greater industry links, support enterprise, underpin diversity and promote access and participation on a regional basis with a view to significantly boosting our capacity to create and retain jobs in regions”, when, on the other hand, there is a failure to market, promote and resource the Mayo campus. I call on the Minister and, before he leaves, the Taoiseach to restore “Mayo” to GMIT.

21/02/2017P00400An Cathaoirleach: I believe the Minister will be present this evening.

21/02/2017P00500Senator Gerald Nash: When will this or the Lower House see Government legislation regulating the use of zero-hour, if-and-when, and low-hour contracts? We can all be gratified and satisfied that, through the work of the previous Government and the continuing work of ele- ments of this Government, there are now 2 million people in work across the economy. That is a record. The unemployment rate has decreased by 40,000 in the past year. It is fair to say that approximately 90% of all of the new jobs created during the term of the previous Government were full-time jobs.

The difficulty is that the traditional employment relationship, the standard model with which we are all familiar, is fraying at the edges. Unfortunately, many labour market practices are operating at the edge of what employment law permits. I introduced the uncertain hours Bill to the House in recent months so as to provide legislation and regulation for people who were on insecure contracts and, because they were going to bed on a Sunday night not knowing how much they would earn that week, unable to plan their lives. This is not the type of society that Senators wish to preside over or encourage. A year and a half ago when I was Minister of State at the Department of Jobs, Enterprise and Innovation, we published the UL study of the preva- lence of zero-hour and low-hour contracts in the State. It contained a series of recommendations that we proposed the Government adopt to regulate this area better, but there has been no product from the Minister who has no interest in regulating the labour market or the quality of jobs. She is interested in the quantity of jobs but not their quality, which is a huge challenge. When can we expect the long-awaited legislation from the Department to be before the Dáil or this House? Perhaps there is a message in the Fine Gael WhatsApp group and the Leader will inform the House of the status of the proposed legislation because I cannot locate it.

21/02/2017Q00200Senator Colm Burke: We should congratulate the Taoiseach and all of his Ministers on the jobs outturn published earlier. A total of 65,000 additional jobs were created in the past 12 months. The target set in 2012 was to have 100,000 additional people at work by 2016, but a total of 200,000 new jobs has been achieved in a short period. The State has not relied on the construction industry which is expanding to create these jobs. Senator Gerald Nash raised the issue of zero-hour contracts. Employers will have to change what they are offering in the not too distant future because the unemployment rate will reduce to 5% or even 4.5% in a short timeframe and they will have to compete for employees. That is when the Senator will see a response to that issue. The work being done on the job creation programme by all State agencies needs to be acknowledged, whether it be IDA Ireland, Enterprise Ireland or Tourism Ireland. Everyone has done a tremendous job because good leadership has been provided.

Senator Catherine Ardagh raised the housing issue. We set a clear target. We had to make sure jobs were created in order that income could be generated to provide services. The building of houses can now take off because funding will be available. Likewise, we will be able to respond to requirements in the health service because there will be access to funding. That is 266 21 February 2017 the key achievement of this and the previous Government.

21/02/2017Q00300Senator Robbie Gallagher: I refer to the apparent slowness and reluctance of energy companies to pass on reductions to hard-pressed householders. A recent report issued by the regulator has found that wholesale electricity prices fell by almost 39% between 2013 and 2016 due mainly to wholesale prices of oil and gas falling during that period. However, the electricity and gas bills of consumers have only reduced by 3% and many are rightly asking why the 39% reduction in wholesale prices is not being passed on to them. The regulator has belatedly - after three or four years - announced a review of what is happening, which I welcome. Will the Leader ensure the review will take place as a matter of urgency in order that reductions in electricity and gas prices will be passed on to hard-pressed consumers?

21/02/2017Q00400Senator Gerard P. Craughwell: I have long been a supporter of the Minister for Housing, Planning, Community and Local Government and the work he is doing to get house building back on the rails and people into housing. During the discussions on the programme for Gov- ernment I asked if the Government would contact the Central Bank with a view to having rent paid recognised for the purposes of mortgage applications. As the Leader knows, I never get involved in local politics but this issue has national implications, so it suits my national political profile. I met a young couple at the weekend who, in eight years, spent €110,000 renting an apartment. Out of a middle-of-the-road salary, €110,000 over eight years did not leave much room for saving money. From what I understand, they are now in a position where they are about to lose their accommodation and they would like to buy. The help to buy scheme which the Minister brought in was helpful, although it managed to push up prices in Dublin by €20,000 within days of it being announced. This couple has no savings worth talking about. They do not want to buy a big elaborate place; all they want is a nice little one bedroom apartment which would cost about €230,000 in south Dublin. The banks are telling them they can have 75% of a mortgage. A couple, which has shown that it is capable of paying out €110,000 over a period of eight years, should be considered for a 100% mortgage. I do not see anything wrong with that. I do not see it as an inflationary or a bubble-creating exercise. I believe it is recognition that they have the money to pay.

I ask that we have a debate on how the banks are treating people. This Government has gone a long way in trying to solve the housing problem, and I am not for one minute throw- ing bouquets at anyone nor am I trying to get involved in things that are going on in Fine Gael because the Minister for Social Protection has done a great job as has the Minister for Justice and Equality and anyone else who is in the ring. The truth is that we should be able to provide homes for these people who have shown they have a track record of being able to repay the value of a mortgage up to around €300,000. I would appreciate hearing the Leader’s views on it and if he thinks it is worth bringing the Minister in. I am not 100% certain whether it is the Minister for Finance or the Minister for Housing, Planning and Local Government who has responsibility for it, although it is probably both.

21/02/2017R00200Senator James Reilly: Like my colleague, I welcome the reduction in the unemployment figures which have now fallen to 6.8%, having been as high as over 15% when the leader of the Opposition’s party was in power. The good news is that the majority of new jobs are outside Dublin and that the regions are starting to feel the recovery. Employment has grown in all sectors of the economy, and what is interesting is that the biggest growth is in the construction industry, so we are getting our builders back to work and are starting to impact on the shortage of houses and the shortage of office space. Obviously, from the day a shovel is put in the ground to the day one can see the finished product is quite a number of months, or sometimes a year 267 Seanad Éireann or more, but this is a sure sign that this problem is being addressed. It is not quick enough for those who find themselves without a home and the Government and the Minister, in particular, are doing everything they can to expedite the provision of accommodation.

We now have the resources to start repairing our society and the economy is only useful to us in so far as it supports our communities, our families and our friends. We need these resources because as our population continues to grow, and nowhere more so than in Fingal, we need new schools, new health facilities and, as I mentioned in the past few days, a hospital for Swords, but the really good news, as my colleague has alluded to, is that it is rapidly becoming a jobseekers’ market and the quality of the jobs and conditions going with them should improve. That is not to say there will not still be individuals who may seek to exploit employees and certainly the Minister and her Department are addressing this issue in a very aggressive fashion and will be come back to us with solutions. Therefore, I reject out of hand the idea of the Sena- tor that this Minister does not have workers’ welfare to the fore in her mind.

21/02/2017R00300Senator Paul Gavan: I propose that we adopt No. 33, non-Government motion 16, before No. 1 without debate. The motion calls on the management of Tesco Ireland to respect the rights of long-serving Tesco workers to maintain their existing terms and conditions. This is an issue which should unite all of us across the Chamber. At the heart of the dispute are issues of respect and decency - respect for workers who have given a lifetime of service and decency with regard to their terms and conditions. Up to 250 long-serving Tesco workers have been told that they can either lose their jobs or take cuts in pay and accept changes to their shifts. I have met several of them and, as I said previously, have been shocked by the levels of intimidation and bullying. I have been shocked by the fact that Tesco hired a legal firm of union busters and initiated what it calls Project Black, a project to de-unionise the company. I was shocked to hear a story of a woman with over 20 years’ service who on coming into work was presented, without warning, with flowers and a leaving card by management. Many workers have been reduced to tears.

We have worded the motion carefully and are not being in any way prescriptive as to how the dispute should be resolved. We are simply calling on Tesco management to respect the rights of their long-serving employees. That is all we are asking. Surely, we can all sign up to that. In a week when, to be frank, we will not have much to do in this Chamber, with only one Bill to be debated, we can do this to send a strong united message to Tesco management. There are Members on all sides of the Chamber who have been members of trade unions and Mem- bers who, regardless of whether they were ever in a union, believe in the principles of decent work and respect. We must speak with one united voice today. We should support the men and women who are out in all weather conditions today because they want to stand up for decency and respect and, above all, in solidarity with their fellow workers.

21/02/2017S00200Senator Máire Devine: Well said.

21/02/2017S00300An Cathaoirleach: Before I call Senator Terry Leyden, I welcome Councillor Mattie Ryan from Tipperary County Council and his friends who are visiting the Seanad. Councillors are always welcome in this Chamber.

21/02/2017S00400Senator Terry Leyden: I second that with great joy and pleasure because the next Seanad election might take place sooner rather than later.

21/02/2017S00500Senator Jerry Buttimer: Is the Senator ready for it?

268 21 February 2017

21/02/2017S00600Senator Terry Leyden: I am always ready.

21/02/2017S00700Senator Jerry Buttimer: Is the Senator running?

21/02/2017S00800An Cathaoirleach: Please allow Senator Leyden to continue, without interruption.

21/02/2017S00900Senator Terry Leyden: I am like the Taoiseach - I keep my own counsel.

21/02/2017S01000Senator Jerry Buttimer: The Senator changed quickly.

21/02/2017S01100An Cathaoirleach: The Leader is interrupting tbusiness.

21/02/2017S01200Senator Aidan Davitt: You had better tell Frank.

21/02/2017S01300Senator Terry Leyden: Last night in my parish of Castlecoote, County Roscommon, 140 people attended a public meeting which had been called by Councillors Orla Leyden and Ivan Connaughton. A unanimous decision was taken to oppose with all strength and in every possible way, politically and legally, a proposal that Coillte dispose of our lands, not its lands, for sustainable commercial development as listed in advertisements in the Roscommon People and the Roscommon Herald. The bottom line of the advertisements referred to the “sustainable development proposals and the likely financial returns to Coillte”. Coillte is a State company owned by the one shareholder, the Minister for Agriculture, Food and the Marine. We will oppose wind turbines destroying our area, a most beautiful area for tourists, with rivers, streams and lakes, encompassing fishing and sustainable development. The Cuisle Irish Wheelchair Association national holiday centre is located close to the area in question. These wind turbine monstrosities are to be imposed on our communities which they will destroy and defile by brib- ing farmers to give sites to foreign companies. I thought we had got rid of them in 4 o’clock the 1920s, but they are back again and trying to buy up properties. I want to have a debate on this question with the Minister for Agriculture, Food and the Marine. We will fight tooth and nail in our parishes to ensure a sustainable living for our people. We will not have these monstrosities which will be higher than the Spire on O’Connell Street in Dublin hanging over their heads. I am putting down a marker that this is a fight to the finish. We will oppose any politician who will back the project in the next general election. If we have to, we will fight them every inch of the way. I cannot understand how anyone could do this to us and wreck our beautiful area which I invite any Senator to come to see.

I want the support of Senators to oppose these people. This is not Coillte’s land; it is our land and we should decide how to use it for the future of Ireland.

21/02/2017T00200Senator Ray Butler: I wish to raise the issue of rates, which is close to my heart and close to many business people’s hearts. We see that €60 million will be put into the rural regenera- tion scheme, but rates are a problem in many small rural towns, although previous Governments have done nothing about it. Legislation governing the rates system goes back to the 1800s, but the only rule concerning rates is that one must pay them. In the midlands and Munster, the Valuation Office went into businesses that had fought through tough times in the recession and revalued their rates upwards. In some cases, their rates have been trebled. We are trying to keep family businesses in town centres but they have struggled for survival in the recession. Now, however, we are multiplying their rates threefold.

Many respectable business people are currently being dragged through the courts due to unpaid rates. We helped GAA clubs, and rightly so, when bars were put in via new legislation.

269 Seanad Éireann We now need new legislation to deal with rates. We also need a debate on this matter to get something done.

21/02/2017T00300Senator Máire Devine: I wish to second Senator Gavan’s motion on the Tesco workers. Shame on anybody who does not support it.

As regards Senator Leyden’s point, the Dublin Mountains were to be sold off by Coillte. As a little reminder his colleague, Bertie Ahern, was involved in that about five years ago.

The Children’s Rights Alliance launched its 2017 report card this morning as it has done this for the past nine years. It is a report on how children are faring in Ireland today. The CRA has given access to mental health services a grade D minus. Although it comes as no surprise, child homelessness gets a shameful grade E, which is bottom of the league.

Medical cards, which were a big issue about two years ago, got a grade D. Medical cards are now granted to all children who qualify for the domiciliary care allowance. This is a positive step, although it took a while for parents to obtain that right. However, the Minister should sort out the unnecessary and traumatising annual application process, given that they are subsequently allowed on appeal. In 2016, 1,198 applications were refused, while 90% of them were subsequently revised and allowed on appeal. This occurs year in, year out. It seems that the process is deliberately designed to sap the will of parents who are already struggling and exhausted. I ask the Minister to hurry up the HSE’s plan for this scheme. The Minister should attend this House to update Members on the expected passage through the Oireachtas of the relevant legislation. If that could be done, it would be much appreciated.

21/02/2017T00400Senator Alice-Mary Higgins: On a number of occasion in recent weeks, there have been consistent call in the House for a debate on migration, specifically focusing on Europe’s migration policies, including Ireland’s.

As the issues accumulate, I would like to highlight another that may need to be addressed in the debate. We need to have the Tánaiste and Minister for Justice and Equality, Deputy Fran- ces Fitzgerald, in the House to discuss this. We also need to consider some of the decisions recently taken that have caused great distress across Ireland. In light of the new international protection order and organisation under the new policies we have, a 60-page form was issued in late February to many of those in the State’s asylum system. They have been encouraged to return it within 20 days. It has been documented in the public sphere that great distress has been caused by this. The asylum seekers have been advised to seek legal advice. Asking many of those in direct provision, who are on €19 per week, to seek legal advice on filling in a 60 page form at such short notice that could affect their future and could be extraordinarily intimidating is completely unreasonable. Some have now indicated they will talk to solicitors and they are seeking advice. There has been a lot of confusion.

Could the Leader of the House ask the Tánaiste and Minister for Justice and Equality, even in advance of the debate we will have here on migration, whether she will issue clarification and reassurance and, if necessary, offer legal support to all those facing this very daunting and intimidating prospect? It points to the unfortunate fact that we in Ireland are failing in our migration policy in terms of accepting adequate numbers in the European context and also in terms of ensuring full dignity, support and fair treatment for all those within the system. I would like the House to address this.

I wholeheartedly support the motion put forward by Senator Gavan. It is very reasonably 270 21 February 2017 worded and fair. Considering the amount of resources expended by Tesco, a company with €250 million in profit, one knows the matter cannot be about a small number of workers. In the human resources blogs, we see exactly what this is about; it is about remaking the way work is done so an individual’s contract no longer stands when facing the preferences of a company for a new business model. As representatives of the public, we are an important counterbalance and reminder in this regard. I look forward to what I hope will be the passage of the motion today.

21/02/2017U00200Senator Aidan Davitt: I wish to raise two matters, both of which are business related. The first concerns the upgrade of the N52 from just outside Mullingar, at Cloghan, to Turin church, which is approximately seven miles from Delvin. It is proposed to close this stretch of national roadway for three months for upgrade works to continue. For one of the three months, there will be no work done. It is hard to believe but only in Ireland could this happen.

Over the Easter break, St. Patrick’s Day and weekends, no work will be done. Much of the road is just passing through farmland. The new road is passing mainly through farmland; it is not passing by houses or is doing so only to a very small extent. If anything, the stretch of road is ideal for work during the night.

What is occurring really beggars belief. I implore the Leader to talk to the Minister for Transport, Tourism and Sport about this. I acknowledge the Minister has much hassle to deal with at present but what is occurring is scandalous. The number of businesses that the works are pushing to the verge of closure is incredible, not to mention the 20-mile round trip that must be taken by way of a detour. It is absolutely crazy stuff. The work is to take three months but no work will be done for one of them.

I fully agree with Senator Ray Butler on the Revenue Commissioners. It has been floated for quite a while that councils will get the same powers as the Revenue Commissioners. This is unheard of. It would be criminal if councils could have access to one’s bank account. If one were making a joint tax return with one’s wife, they could take money from her. She could be a director in one’s company. This is for the birds. I cannot believe this is being floated. It was in the newspapers. I saw it floated six months ago and believed it was incorrect. It is being floated again at present. I implore the Leader to nail this down. People have come through a very difficult time, particularly those with small businesses. We are talking about giving councils the same powers as the Revenue Commissioners. It would be criminal for us to do that. I implore the Leader to ask the relevant Minister to come into the House to discuss that and tell us that this is one kite that will not fly.

21/02/2017V00200Senator Rónán Mullen: Last week, Senator Landy raised some pertinent issues regarding the Harold’s Cross greyhound racing track. A number of other issues of great concern arise concerning the operation of the greyhound industry. I believe the relevant Minister is the Min- ister of State at the Department of Agriculture, Food and the Marine, Deputy Andrew Doyle, who has responsibility for food, forestry and horticulture. I ask that he come into the House to address those issues.

21/02/2017V00300An Leas-Chathaoirleach: That will be tomorrow.

21/02/2017V00400Senator Rónán Mullen: I thank the Leas-Chathaoirleach. I hope we can get a particular focus on it because it is sadly the case that a gentleman who was found by the Australian greyhound authorities to be using live animals for baiting and who was barred from working for the

271 Seanad Éireann industry in Australia, and who I believe was barred in England also, is back working in a kennel in Ireland. I wonder whether the Minister of State is aware of that and if he is, what has he done to ensure that such a man will have no contact with the industry?

I understand that an RTE “Prime Time” programme to be broadcast next week will deal with the greyhound industry. There are significant issues of public concern, given that this is an industry that is being funded to the tune of €16 million a year. That is the figure given annually to Bord na gCon, which has the responsibility of developing the industry. It would be good to hear from the Minister of State tomorrow on the subject because far too often we have reaction to what emerges in RTE documentaries. There are facts already in the public domain. There was a disturbing article in The Sunday Times in December about the doping of greyhounds in the sector. It is important that the Minister of State would take the opportunity tomorrow to tell us what he knows about these disturbing reports, the action he has taken if he does know, if he has not known up to now, the reason for that, and what he intends to do now.

21/02/2017V00500Senator Niall Ó Donnghaile: Beidh mé díreach agus go dtí an pointe sa chás seo. The election campaign continues in the north east of the country and the Leader has rightly and wisely advised us to steer clear of partisan statements or engagements in that regard. I will take his advice and guidance on that but it is important that I draw Members’ attention to an incident that occurred last night and hopefully galvanise Members regarding it. The car belonging to the election agent of the Sinn Féin candidate in North Down, Kieran Maxwell, was petrol bombed in front of his home last night. North Down in recent times has not been a hotbed for Sinn Féin or republican activity. It is not a place that is greatly familiar with that political outlook but, nevertheless, a small group of locals have engaged diligently, passionately and, in this instance, openly and transparently in trying to build their politics. Regardless of where we sit in this House in terms of party politics, we can all agree that we enter this realm for genuine and hopeful reasons in terms of trying to improve the quality of life for the communities in which we live. I believe this House should express its solidarity to the man involved in this incident, which comes on the back of threats being made to him and other cumann members via social media. It also follows the removal of election posters in the area.

This is a dangerous and brutal edge to this campaign and we should send a clear message that that kind of brutal politics has no place on our island. Through the Minister for Foreign Affairs and Trade and, critically, officials in the British-Irish Joint Secretariat, we should ensure that pressure is put on the PSNI to investigate this incident fully but also that the message goes from this House that regardless of who they are, where they come from or the party politics they intend to engage in, this kind of intimidation, bullying and violence has no place in political life and should be faced down.

21/02/2017W00100Senator Jennifer Murnane O’Connor: I wish to raise two issues. I wish to raise the same issue as my colleague about the homelessness crisis. The Minister is not listening. I can genuinely say that every few weeks I raise housing and he is not listening. In 2015 to 2016 there was a 50% increase in homelessness while at the same time the number of vacant properties is 260,000. I had a family in my clinic during the week. The mother has been trying to find out for months about the vacant house across the road from her. I have contacted the council and the banks and there is no information on vacant properties. Where does one go? The woman has a mortgage and she wants to buy a house. The house to which I referred is in her locality but nobody can tell her about it, who is responsible for it, be it the banks or whether it has been repossessed from a family. Until the Minister puts a regulation in place or introduces legislation to make people accountable then the situation will get worse. 272 21 February 2017 On average, the rate of vacant properties around the country is 5% but in my area in Carlow the rate of vacant properties is highest at 15%. That is unacceptable. In addition, we do not meet the criteria for the new rent cap. We do not qualify. I brought that to the Minister’s attention last week. I told him that local authorities in all counties need to come under the legislation that was introduced regarding rent caps. I urge the Leader to bring the issue to the attention of the Minister, who must come to the House.

The second issue relates to mental health. There has been a 60% cutback in the number of mental health beds available in Waterford. There were 14 beds and now there are only six. That is unacceptable. As it is, there is a queue. The Minister for Health, Deputy Harris, must come to the House to address the matter. There is no need to cut mental health services. The combined population of Waterford and Wexford is 300,000 and it is unacceptable that eight beds are being closed.

21/02/2017W00200Senator Jerry Buttimer: I thank the 17 Senators who made contributions on the Order of Business. Senators Ardagh, Boyhan, Colm Burke and Murnane O’Connor referred to housing and related issues. The important point is that yesterday the Minister, Deputy Coveney, announced 8,430 social housing units across 500 developments, building on the Rebuilding Ireland initiative. He announced a total of 504 social housing schemes, and a further 450 public private partnership developments are also due to take place.

In response to the issue raised by Senator Murnane O’Connor about voids and vacant houses, 2,300 such houses are being redeveloped as we speak and over the course of the year. I agree that the level of homeless people is unacceptably high but it is important to recognise that the Minister has set targets and that he must be accountable for them.

In response to Senator Murnane O’Connor’s point about voids, I would like to hear what the county manager and county council are doing about it. They are the line people who are responsible. The Minister can only do so much. In addition, the Senator must accept that it was when her party was in government that it created the worst recession in the history of the State, which decimated the construction industry.

21/02/2017W00300Senator Jennifer Murnane O’Connor: On a point of order, a Chathaoirligh.

21/02/2017W00400Senator Jerry Buttimer: No.

21/02/2017W00500An Cathaoirleach: No, that is not a point of order.

21/02/2017W00600Senator Jennifer Murnane O’Connor: That is unacceptable. The Minister, Deputy Co- veney, told us things would get better-----

21/02/2017W00700Senator Jerry Buttimer: They are better.

21/02/2017W00800Senator Jennifer Murnane O’Connor: -----but they are worse.

21/02/2017W00900An Cathaoirleach: Senator Murnane O’Connor must please not interrupt the Leader.

21/02/2017W01000Senator Jennifer Murnane O’Connor: Blaming Fianna Fáil is wrong. The Leader must let that go.

21/02/2017W01100An Cathaoirleach: The Senator should please not interrupt.

21/02/2017W01200Senator Jennifer Murnane O’Connor: Fine Gael has been in government for six years 273 Seanad Éireann and it should take responsibility.

21/02/2017W01300Senator Colm Burke: An extra 200,000 people are in work.

21/02/2017W01400An Cathaoirleach: Senator Murnane O’Connor must please not interrupt. Anybody speaking apart from the Leader can only raise one point. I allowed Senator Murnane O’Connor to make two points and she should not be unfair. The Leader is entitled to respond and there should be no argy-bargy.

21/02/2017W01500Senator Jerry Buttimer: I welcome the former Minister of State, Mr. Parlon, who is in the Gallery. In his role with the Construction Industry Federation he will tell Senator Mur- nane O’Connor that the Government is ambitious about building houses. We want to get the construction sector moving. What we have in Rebuilding Ireland is a comprehensive plan to address the imbalance the Senator spoke about and to redress the deficits.

21/02/2017W01600Senator Aidan Davitt: The Government should build the houses. It is just rehashing the news.

21/02/2017W01700Senator Jerry Buttimer: We are addressing homelessness.

21/02/2017W01800Senator Aidan Davitt: The Government should build houses.

21/02/2017W01900Senator Jerry Buttimer: We are accelerating the building of social housing. In tandem with the construction sector we are building more houses. We are improving the public realm across the country. As Senator Colm Burke said, more people are back at work. One of the things associated with people being back at work is the need for housing. It must be recognised that the Fianna Fáil-led Governments decimated the construction industry. That is the bottom line. For the first time, we have a Minister with an accountable target for the number of houses to be provided. I ask Senators to come with me to Tramore Road in Cork where yesterday the Minister opened a new social housing scheme, the quality of which one would not see any- where else.

21/02/2017X00200Senator Jennifer Murnane O’Connor: What about Carlow, Kilkenny and other areas?

21/02/2017X00300An Cathaoirleach: Please allow the Leader to continue, without interruption.

21/02/2017X00400Senator Jerry Buttimer: In tandem with that, there is an ambitious programme, Rebuild- ing Ireland, to address the issues raised by Senators. It is unacceptable for people to be homeless or families to be living in hotel rooms. I live in the real world, in a constituency where people come to me. This is a Government that has set about addressing the issues about which Senators have spoken.

Senators Colm Burke, Reilly and Nash raised the issues of unemployment and employment contracts. We should celebrate today. Unemployment is down to 6.8%. There are 65,100 more people back at work. For the 17th successive quarter there has been an increase in the number of people at work. In 2010 the unemployment rate was 15.1% - men and women who had lost hope and who had no chance of finding a job - but today jobs are being created. There is the highest number of people at work since 2008. We were told it could not be done, but we are doing it, with the help of the people. We are getting people back to work. The unemployment rate continues to fall. In 2016, 1,300 more people were back at work every week. Since 2012, 205,900 people are back at work. That is to be celebrated and an achievement many in the House thought would never happen. It is important, therefore, to put things in context. 274 21 February 2017

21/02/2017X00500Senator Jennifer Murnane O’Connor: What about the health service?

21/02/2017X00600Senator Jerry Buttimer: I am responding to the points made on the Order of Business. If Senator Davitt ever has the good fortune to be in this position someday, he can reply to the Order of Business. I want to put things in context. According to the Central Statistics Office which is independent of the Government, 70% of the new jobs created are outside Dublin. The region with the fastest growing number of new jobs during 2016 was the mid-west in which the employment rate was up by 7.4%; in the west it was up by 5.5% and in the south east by 4.6%. I think Senators will agree that is good news which we should all rejoice and celebrate.

Senators Boyhan and Conway-Walsh correctly raised the issue of GLAS payments. I will be happy to have the Minister for Agriculture, Food and the Marine, Deputy Michael Creed, come to the House to discuss the issue. As the House knows, the scheme is paying a key role in enhancing Ireland’s ability to promote sustainable agricultural production. Some 38,000 farmers were included in the first tranche of those who were paid. However, the Minister and I accept that there is an issue with the number of applications being processed. He will come to the House to address the matter. It is important to recognise that this is a very important scheme for rural Ireland. The issue of why payments have not yet been processed has to be addressed.

Senator Conway-Walsh referred to the Pat Finucane case. The announcement in the courts in the North today was disappointing. Geraldine and the family deserve our support and ac- knowledgement, but it is a matter beyond the jurisdiction of this Chamber.

Senator Conway-Walsh asked that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Humphreys, come to the House to discuss a certain matter. I will be happy to have the issue addressed.

Senator Gallagher raised energy prices. I will be happy to have the Minister for Commu- nications, Climate Action and Environment, Deputy Naughten, come to the House to discuss the issue. Senator Craughwell referred to the banks. I share his view that €110,000 is a large amount. I will be happy to accept Senator Gavan’s motion because it is important that the House collectively sends a signal on the rights of workers. Senator Nash also referred to this matter. We must protect workers’ rights irrespective of who or where they are. As to the dispute at Tesco, it is important that both sides sit down and discuss the issues through the mechanisms available. Rather than having a motion from one party, it would be preferable to agree to an all-party motion on the issue and I will accept Senator Gavan’s motion in that spirit.

Senator Leyden referred to wind farms in connection with Castlecoote. He is correct that people in rural areas need to be able to live sustainably. The Senator should submit a Com- mencement matter to have the issue discussed with the relevant Minister.

Senators Butler and Davitt raised the issue of rates. Senator Butler has been a champion of communities and businesses on the issue of rates. We must give small businesses every opportunity to develop and grow. I hope the Department and Revenue Commissioners can work with local authorities, chambers of commerce and the Small Firms Association to ensure the viability of small companies, particularly in rural areas and smaller towns.

I did not catch all of Senator Devine’s contribution on the report card published by the Chil- dren’s Rights Alliance today. Perhaps she will send me an e-mail on the issue.

21/02/2017Y00200Senator Máire Devine: I asked about legislation to provide children whose parents are in 275 Seanad Éireann receipt of domiciliary care allowance with medical cards.

21/02/2017Y00300Senator Jerry Buttimer: The former Minister of State at the Department of Health, Ms Kathleen Lynch, was working on that issue. I will be happy to have the Minister for Children and Youth Affairs, Deputy Zappone, come to the House to discuss the matter.

Senator Higgins raised the issue of migration. We have asked the Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald, to come to the House. Senator Ó Clochartaigh referred to a matter on which the Department communicated with him directly. I will try to obtain a copy of the reply for him.

Senator Davitt raised the N52 road project with which, to be honest, I am not familiar. The Minister for Transport, Tourism and Sport, Deputy Ross, was in the House earlier to respond to a Commencement matter. Perhaps it would be more appropriate to raise the issue as a Com- mencement matter to have it addressed.

To respond to Senator Mullen, the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Doyle, will be in the House tomorrow to discuss the greyhound industry. While I am not familiar with the case the Senator raises, it is important that anyone with specific information on the greyhound industry should forward it to the relevant authorities, including the Minister. As we have seen in other areas, it is important that people in possession of information share and communicate it directly with the relevant authority or individuals, whether Bord na gCon or the Minister. I do not want anyone to condone or support malpractice or bad practice in the greyhound industry because the sector is very important to the country. As Senators are aware, the Government commits more than €16 million per annum to the greyhound racing fund. The industry also employs large numbers of people directly and indirectly. It is important, therefore, that we uphold its good name.

I am not familiar with the incident raised by Senator Ó Donnghaile. I agree that bad or brutal politics have no place in democracy, irrespective of which side of the political spectrum we are on. We must not allow sectarianism to take root or grow in any community, whether in the North, South, east or west of the island. I look forward to joining the Senator on the campaign trail in the North next weekend when I will be up there campaigning for a couple of friends.

21/02/2017Y00400Senator Niall Ó Donnghaile: It is okay for the Senator to name them.

21/02/2017Y00500Senator Jerry Buttimer: I will not politicise the House.

21/02/2017Y00600Senator Niall Ó Donnghaile: He should tell us who they are.

21/02/2017Y00700An Cathaoirleach: Ciúnas, le do thoil.

21/02/2017Y00800Senator Jerry Buttimer: Senator Murnane O’Connor raised the issue of beds in the mental health services. The Minister of State with responsibility for mental health, Deputy McEn- tee, increased funding for mental health this year. She has taken a proactive approach to mental heath. It is important to talk more about mental health and achieve a cross-party consensus on the issue. As I am not familiar with the case in Waterford, the Senator may have her question answered quicker if she raises it as a Commencement matter. I am happy to accept Senator Gavan’s motion on the Order of Business.

21/02/2017Z00200An Cathaoirleach: Senator Gavan has proposed an amendment to the Order of Business: “That No. 33, motion 16 be taken before No. 1.” The Leader has indicated he is willing to ac- 276 21 February 2017 cept the amendment. Is that agreed? Agreed.

Order of Business, as amended, agreed to.

21/02/2017Z00275Industrial Dispute at Tesco Ireland: Motion

21/02/2017Z00300Senator Paul Gavan: I move:

That Seanad Éireann calls on the management of Tesco Ireland to respect the rights of long serving Tesco workers to maintain their existing terms and conditions of employment.

21/02/2017Z00400An Cathaoirleach: Is there a seconder?

21/02/2017Z00500Senator Jerry Buttimer: To get cross-party support, I will second the motion as Leader, on behalf of the rest of the House.

Question put and agreed to.

Sitting suspended at 4.30 p.m. and resumed at 4.50 p.m.

21/02/2017DD00100Recent Education Announcements: Statements

21/02/2017DD00200An Leas-Chathaoirleach: I welcome the Minister for Education and Skills, Deputy Bru- ton, to the House.

21/02/2017DD00300Minister for Education and Skills (Deputy Richard Bruton): I welcome the opportunity to address the Seanad on how we propose to achieve the second goal that I have set out for our education plan. As Members will be aware, I set the goal that we would have the best education and training service in Europe within a decade. I have five goals but I do not propose to go into all of them now.

The second goal is to develop a pathway to ensure children of social disadvantage or with a special educational need receive equality of opportunity through education. I think this is an ambition we all share. The ambition to be the best in Europe in terms of our education plan is a way of changing the conversation about where we are and where we need to get to. It is important that we would have ambition in this field. It is fair to say that we are building on a base of good experience in this field. We have come some distance from the time when the State contested the right of a child with special educational needs to have an education within his or her service. We have come a considerable distance in that regard. The level of investment we now make in integrating children with special needs into our education system is very substantial, at €1.5 billion, or 20% of our entire education budget. We have developed good models for supporting such children through resource teaching, special needs assistants and so on.

We have also developed the delivering equality of opportunity in our schools, DEIS, programme which came into force in 2004-05 and builds on other initiatives such as Breaking the Cycle. The impact of this scheme has been very positive in terms of the improvements in literacy and numeracy in the schools involved. We have invested approximately €160 million

277 Seanad Éireann in the provision of these supports across approximately 800 schools. This is a very significant investment that is delivering results. It is particularly encouraging to see its impact on reducing school drop-out levels, which have fallen from 32% to 17%. Some of my Fine Gael colleagues will recall that when the director of the Peter McVerry Trust came to speak to the party on how to tackle homelessness, top of the list was the need to end school drop-out. According to the Peter McVerry Trust what happens to a child during his or her early school years affects his or her later experience, which highlights the importance of this area.

We are also seeing significant improvement in the progression of people in our third level system. This is particularly encouraging in the context of the extraordinary pressure on resources in the third level system. There has been a good improvement in the participation of people coming from non-typical backgrounds. In addition, in the context of the experience we are building upon, according to the PISA figures, which look at the performance of Irish 15 year olds across the system, and the TIMMS figures which relate to the primary experience, one of the areas where Ireland is strong is in the performance of the lowest cohort in the class. Those children who have the most difficulty do better in the Irish system than they do in virtually all other European countries. Some of the high performers do not do so well in Ireland, but we are good at managing the weaker pupils compared with our counterparts. This is a good base, but there are no grounds for complacency or assuming that we have by any means delivered on the goal of equality of opportunity. We need to set out our ambitions, as I have done in the education plans, including the recently published DEIS plan and the new programme for allocating resource teaching, to continue improving literacy and numeracy among children from disadvantaged areas, to continue improving completion rates, which we hope to raise to the average level, to close the gap between DEIS and non-DEIS schools, and to have much stronger pathways of progression for people from disadvantaged or special needs backgrounds. These ambitions will go through our whole system.

The Leas-Chathaoirleach referred to our recent reform announcements. The first of two main announcements relates to the new model for resource teaching. This is a significant change. We employ approximately 12,500 resource teachers, who have largely been deployed on the basis of a certain amount of jam for every school, as it were, and a rigid diagnostic test whereby a child needs to have had a diagnostic test done before getting access to support. Of- ten, children from disadvantaged backgrounds or schools in disadvantaged areas cannot afford that testing, which means that the resource is denied to children. The current model also results in an unnecessary and undesirable labelling of children as being of a particular category. We are trying to move away from that. The new model will allocate a resource much more closely to the profile of the school and the needs that it encounters. I am not just referring to the very complex and special needs of some children, but also to the general learning difficulties that children experience for all sorts of reasons. Each year this will see progressively more resources being made available to follow those children with the greatest needs. This is the right principle to guide how we disperse our moneys.

The same principle is behind our new approach to DEIS schools. Previously, the allocation of resource teaching to DEIS schools was based on principals doing a return. Whether returns were made or were collected at all was arbitrary. We are moving to an objective way of identifying schools with the greatest level of social disadvantage. It relies on CSO data on unemployment, occupation, lone parenthood and all of those factors that designate the level of disadvantage in a community. Our resource is going to follow the areas of greatest need. For the first time, we have been able to include 80 schools that have the greatest need but were not

278 21 February 2017 in the system after the first run. They meet the highest threshold. We recognise that there is a further spectrum of schools that have a strong case for support, but we need to refine our model. This will bring the system to a fairer point.

Regarding another major issue, we are trying to encourage on both sides a better deployment of the resource, be it into resource teachers for children with special needs or the DEIS programmes. We want to encourage a whole-school approach to the deployment of 5 o’clock that resource so that a child is fully integrated. I visited Marino College, a school in my constituency, where we launched this programme. It was one of 47 schools that had been running the pilot programme. The way in which every staff member had bought into the importance of supporting a child with special educational needs was transformative. It was not some sort of withdrawal model that was solely an issue for the resource teacher and that child and with so many hours to be allocated over and above.

Rather, they genuinely embraced the provision of support for the whole class. They used flexible approaches, with children taught in groups, mainstream classes and, occasionally, indi- vidually. It was a more integrated approach. The fact that the school leadership could deploy the resource more flexibly transformed the way in which it addressed special educational need in its school. I hope that this new resource model will, by putting the schools more in control of the way in which resources are deployed, transform the effectiveness of the work.

In the same way, we hope to encourage innovation in the DEIS programme. We have ex- plicitly set aside money to encourage clusters of schools to work together and embrace pilots on leadership in schools, mathematics teaching and how schools relate to sporting and other organisations in their communities that make the difference between a child being successful or unsuccessful in a programme of education.

We are trying to deploy our resources more fairly and follow the highest priority children while also encouraging innovation at school level. I am constrained by time, but I will outline how we will support that. We are trying to examine what constitutes best practice in the deployment of resource teaching and the support of children from disadvantaged backgrounds within the school setting. We must entrust those at the coalface with greater ability to decide which programmes will be most effective for their children. Not only are we encouraging clustering and innovation, but also self-evaluation. Our inspectorate, which still sounds like the cigire of the past who came to a school with a red pencil to find fault, has transformed into a supporter of better practice, change and improvement within schools.

We cannot design a perfect scheme in Marlborough Street. It must be designed by those who are at the coalface, but we can support it by having exemplars of best practice and exam- ining how the teaching model is being transformed internationally to make it more engaging, particularly for children who come to school without the same sort of preparation that others have because of the richness of reading and the like in their home environments. Fortunately, technology supports the transition of teaching from the old model, in which the monopoly on knowledge was held in the hands of the teacher and in the textbook, to one in which children have access to knowledge from all over the place. This is a question of helping to create an environment in which young people learn, build competences, learn to work with one another and learn to develop other aspects of their talents than just the ones that we tend to test in final examinations.

This is an exciting time in education. Fortunately, a little bit more money is coming back 279 Seanad Éireann into the system and we can afford to undertake ambitious reforms. Technology is changing the way we deliver education by making it more accessible, particularly for children who come to the education system with more problems than others.

I thank the Seanad for giving me time to discuss this matter. Following the example of the Peter McVerry Trust, if we can crack educational opportunity, no barrier can stand in our way. We can break down communities of disadvantage and open significant opportunities for young people in terms of careers and success in public service and their communities. Educa- tion will be a pivotal investment in the coming years, given that we are encountering challenges in Europe, the US and the political system. We must ensure that we invest in an education that builds a strong and resilient citizenship that can deal with the many challenges coming our way.

21/02/2017FF00200Senator Robbie Gallagher: Ba mhaith liom fáilte go dtí an Teach a chur roimh an Aire inniu. I congratulate him on his work. There have been many good announcements, but the old adage about the proof of the pudding being in the eating springs to mind. I do not know whether the Minister will be in situ to reap his harvest, given that he might be in the process of filling in an application form for another job shortly. If that is the case, then I wish him well.

I will touch on a number of subjects, the first of which is DEIS, which the Minister mentioned. Fianna Fáil welcomes its reintroduction. We had been pushing for it. DEIS was introduced by Fianna Fáil in 2006 and has played a key role in tackling issues of disadvantage and social inclusion. As the initiator of this programme, Fianna Fáil sought the restoration of and enhanced support for vital educational disadvantage programmes in our communities when facilitating the minority Government. We are delighted that this commitment has been progressed by the Minister.

Schools serving disadvantaged populations that are allocated additional funding under DEIS, which are less likely to receive voluntary contributions from parents and their families, have substantially fewer economic, cultural and social resources than those in non-DEIS schools. However, more transparency is required, given that there is a great deal of confusion. The data that the Department uses come from the CSO, but the process seems to be shrouded in secrecy, with little information given to schools about what criteria are being used. The document issued by the Department gives no detail of the methodology used or any explanation as to why some schools are successful while others are not. There are no criteria whereby a school that wishes to appeal a decision can do so. This matter needs to be considered. Has the Minister any intention - I hope he does - of introducing an appeal system for DEIS and, if he does, when would such a system be in operation?

I wish to discuss the new model of special education to which the Minister referred. I welcome his initiative in this regard. The cuts of up to 15% in resource hours for children with special needs have yet to be redressed. Some confusion surrounds the new model. Many in the education sector are unclear as to what exactly it means for schools and their pupils. To assuage their fears, they were told that there would be no change for two years, but I have been contacted by a number of school principals who at this time of year would normally be making applications to the National Council for Special Education, NCSE, for resource hours for children with various diagnoses, such as autism and speech and language disorders. As the Minis- ter probably knows, there is currently no application form on the NCSE website and principals are being told that, if they send in applications, they will be returned.

One principal with whom I spoke recently had a conversation with a special educational 280 21 February 2017 needs organiser, SENO. She informed the SENO of a child with a diagnosis who had just arrived in the school. She also advised the SENO that she expected a few more pupils in Septem- ber. The SENO promptly told her that there was no need to apply and that she should include them right away. That sounded good until he dropped the bombshell that there would be no new extra hours for these children. They would have to be accommodated within the existing bank of resource hours allocated to children already in the school. This is where a problem arises. The same number of hours will have to be spread around more children. One deduces from this that some children will lose out. Perhaps the Minister will examine this matter.

On top of this, principals are of the opinion that, in two years’ time, the level of special needs in many schools will increase by a third or a half of current numbers. There is a feeling that the new model that is being touted as a move to a more “equitable” system - this may be the case - actually means that there will be less all round for the children involved. Can the Minister relieve people’s fears and say that no school will have fewer hours for any new child that requires special needs assistance?

The other issue is the school admission policy and baptism barrier. The Joint Committee on Education and Skills and our colleagues here on it are doing some work on that. I do not know how far we are from arriving at a conclusion to this issue. Fortunately, in the part of the world that I come from and, dare I suggest, most of rural Ireland, this is not a problem. It is a problem in schools in this city and indeed elsewhere and we look forward to a solution being put forward by the Minister. I know that the Joint Committee on Education and Skills is receiving presenta- tions about that at the moment, but I look forward to the Minister’s thoughts.

The other issue is the National Educational Psychological Service, NEPS, which plays an important role in supporting schools and children in trying circumstances. The Action Plan for Education, which was announced last year, promised to hire 65 educational psychologists in the first quarter of this year. Unfortunately, this has not happened to date. The action plan that was mentioned some time ago talked about hiring ten additional psychologists in the second quarter of 2017. Unfortunately, none have been recruited to date. Some 199 schools, catering for 34,575 pupils, do not have access to a psychological service as things currently stand. Many schools that do not have an assigned educational psychologist are severely disadvantaged. Teachers are not qualified to diagnose. They need assessments and recommendations from NEPS in order to put programmes in place. I look forward to the Minister’s comments on the issue.

Another issue I have raised on a number of occasions is the lack of substitute teachers. We have a severe problem with that at the moment. It is also noted that some schools may have no choice but to close because of this issue. Does the Minister have any plans to address this? Most of our teachers are moving abroad, having been offered very attractive packages in Dubai and other such exotic locations. That is somewhere that we are competing with and it is a serious problem in the schools that we need to address.

The other issue is the ongoing strike by the Association of Secondary Teachers of Ireland, ASTI. I know that some pupils are very concerned that those taking English are going to lose 10%. That is very unfair and I am sure the Minister would acknowledge that himself. Does he have any plans to address that issue so that those students who would be stressed enough with exams taking place will not have to worry about that?

The issue of Brexit creates many problems for this country. It covers every Department, but 281 Seanad Éireann particularly the Department of Education and Skills. I am concerned about what effect this will ultimately have on us. What plans does the Department have for Brexit? What areas does the Minister see as threats to the educational system, and what opportunities exist?

21/02/2017GG00200Senator Maria Byrne: I welcome the Minister. I also welcome the recently launched Ac- tion Plan for Education for 2017. The most important thing in it is that it is going to improve the learner experience and the success of learners. The introduction of the new model of allocating teachers to improve mainstream support for special needs children is important, because no matter what school one is in, there are always a number of people with special needs. I am glad the area is being addressed, as well as that of educationally disadvantaged learners. The plan refers to helping to deliver those services to continuously improve and build stronger bridges between the educational and wider community. The setting up of the Parent and Student Char- ter is important because it is going to improve national planning. It is important to have a link between the wider community, the parents and the students who are the key to it.

The plan refers to the goal of well-being and mindfulness. I would like to refer to a mindfulness programme that was on RTE there recently on the six o’clock news. It was introduced in the primary school in Moyross. It has been a success story for the introduction of this programme. The principal was heard to have said that it created a calmness, and that the children are much more engaged and active. I would like to see it rolled out across all schools, because it is very positive.

There is a better choice of subjects in the junior cycle, and the Minister is introducing guidelines on mental health. I recently went to the launch of the Cycle Against Suicide programme with the Minister of State, Deputy McEntee when she was in Limerick. It was an all-island approach. All the secondary schools were there. It was a positive programme. It is an area that needs emphasis. It also helps in reducing the stigma around mental health. It was a fantastic programme, and fantastic to see how engaged students and teachers were. They also listened to what was happening on the stage as well.

The early years programme in the Minister’s plan is most important, because we have to engage with students at an early age and to continue that participation as students go forward. I have been at Our Lady of Lourdes national school in Limerick for many programmes, and it was one of the original pilot schemes for the early years programme. The level of engagement between students, parents and teachers was so important. It also brought the families on board as well. It encouraged them to get involved in the education of their children.

Under Goal 3, leadership, best practice and innovation are mentioned. They are key areas. Enterprise and greater career choice are also mentioned. Nowadays, people are looking towards what they are going to be down the road. Introducing both innovation and enterprise into the programme is positive.

We had a debate in the Seanad recently about history. The Minister’s Department ran a history competition. It was a great success story. It was across both primary and secondary schools.

I refer to the school building programme. This is part of the plan. I welcome the Minis- ter’s announcement today of Thomond primary school in Limerick receiving its allocation of funding today. The Model primary school also received it recently. These are two schools that are delivering. One is in a disadvantaged area and the other is a mainstream school, but they

282 21 February 2017 are both delivering a worthwhile programme. There are people queuing up to get into these schools. It is important that this schools building programme be rolled out as money becomes available. It is to be welcomed that there will be 60,000 additional school places under that programme.

Another initiative is the tackling of the cost. A survey found that it cost €800 to send a child to secondary school and approximately €300 to send a child to a primary school. The possibil- ity of generic uniforms is being looked at, which takes the emphasis off those who cannot afford to go out and buy the proper school uniform or accredited school uniform. In saying that, the Minister is looking towards helping out people with the book loan scheme, and also passing on books from one to another.

The Music Education Bursary Scheme has not been mentioned here today. This is most important. While children are being educated, our culture and our sport are important. There is encouragement for the education of these. Music has been introduced in all schools now. A very successful programme from my own experience in Limerick has been the involvement of the Irish Chamber Orchestra with many primary schools. It teaches children with the Sing Out with Strings programme. This has been very successful. It is to be welcomed if we can encourage more of these programmes. Encouraging more of these programmes is to be welcomed.

On the expansion of the DEIS programme to 79 further schools, I know some schools were very disappointed they did not qualify on this occasion but the fact the Department has encouraged schools, which are not happy they did not qualify, to engage with it is a very important message to send out.

I refer to the retention rates at second level and the emphasis on numeracy and literacy. No matter what school a child is in, numeracy and literacy are so important and they come into every subject.

I refer to the launch of the apprenticeship and traineeship programme, with a target of 50,000 apprenticeships and trainees by 2020. This is a very ambitious programme, which is very close to my heart and in which I take a particular interest. We now have craft-based apprenticeships - I think there are 27 in the programme - and there is a proposal to increase the number over the next number of years. Aiming to achieve 100 apprenticeships and 50 traineeships is very important but one area that has been highlighted to me, and think I raised this with the Minis- ter before, is the shortage in the area of culinary skills. Our tourism sector is so dependent on people having traineeships and it is an area I would like the Minister to take a look at because the hospitality industry is concerned that there is a shortage of chefs and people in other areas.

The extra money for third level is to be welcomed. I was at a launch recently at the Univer- sity of Limerick, which related to STEM subjects. There has been collaboration between the universities and industry and this should be encouraged. It is very important that is rolled out. Senator Gallagher referred to Brexit and I would also like to raise that issue.

I refer to the increase in grants for ICT. ICT has been introduced in a number of schools and, in terms of a changing global economy, this is most important. Coding and Mandarin have been spoken about, which I welcome. I also welcome the fact computer science has been introduced to the leaving certificate.

21/02/2017HH00200Senator Victor Boyhan: I welcome the Minister to the House and thank him for facilitating the statements on education. I took the time to look at the Action Plan for Education, 283 Seanad Éireann particularly at the key issues for 2017. I said earlier in respect of another Minister that it is a brave thing for a Minister to set out targets, deadlines and deliveries per quarter. That is really refreshing in terms of Rebuilding Ireland and the housing programme and the Action Plan for Education. We are seeing realistic targets, delivery times and responsibilities being set, and I think that is really important. Not everything will be reached within the deadline but there is a process by which one can look at and monitor it. It also instills a certain amount of confidence in the thinking and the direction behind the education policy into the future.

I want to deal with six key items I identified and in which I have an interest. The first is well-being in education, which is referred to in this policy document; the second is disadvantage; the third is skills; the fourth is after-school care provision, which is set out in terms of targets for 2017; the fifth is infrastructure; and the sixth is special educational needs, SEN. I will ask the Minister questions to which, hopefully, he will be able to respond, or perhaps we can make contact at a later date.

Again, I thank the Minister for launching the plan. He has clearly set down his action items. On well-being, the policy document states that every school will be required to have a dedicated guidance counselling time available to students. The Minister will implement the junior cycle well-being programme, he will appoint an additional ten National Educational Psychology Ser- vices, NEPS, psychologists and he will establish the well-being steering committee to develop policy statements and identify the gaps in the service. I am interested to hear what progress has been made on that. It is early 2017 but where is the Minister in terms of his targets and the delivery? How does the Minister see that being rolled out in the next few months?

On disadvantage, the Minister stated that in 2017 he will publish a plan for future supports to tackle educational disadvantage but particularly for building and developing existing services in the DEIS supports with the new schools being emphasised for DEIS starting next Sep- tember. He will also develop a schools excellence fund and commence a pilot scheme initially in the DEIS schools. The Minister might elaborate on that and tell us how that is progressing.

On skills, the Minister will develop 30 new apprenticeships and two new traineeships in 2017. He will review work experience at post-primary, develop innovation and responses to address skills shortages in ICT, languages and biopharma, which has to be welcomed. He will engage actively and in a collaborative way with the enterprise sector in education. I really like the emphasis on enterprise and the economy in terms of education because it is not just A, B, C, and 1, 2,3, education has a far wider span and the Minister seems to acknowledge that throughout this programme, which is to be commended.

On the after-school provisions, the Minister said he will publish guidelines for the use of school buildings out-of-hours, which has to be welcomed. The days of having public school facilities empty on holidays, at weekends and at night and not open to other forms of community involvement, education or recreation is over and should have been over long ago. I would be interested in how the Minister is developing that in terms of the possible conflicts with the authorities of these buildings and schools and the various vested interests around all that. We should have a very flexible approach to the use of school buildings in terms of promoting education.

On infrastructure, the Minister will complete 46 large scale building projects and provide 6,000 additional permanent post-primary places in 2017. That is a very ambitious target and one to commend but could the Minister give us some idea of how that is going and what mecha- 284 21 February 2017 nisms are in place in terms of rolling that out? That is a highly ambitious target and a brave one to put out there.

On special educational needs, the Minister will introduce new models to allocate teachers in mainstream schools to support children with special educational needs. He will also establish a new, inclusive support service and complete comprehensive assessments of the special educational needs in terms of the SNAs.

We know we are ambitious but education is about realising ambition for ourselves and our families and our children. We also know that education is a powerful instrument in terms of social inclusion - that is a really important statement - and addressing many of the disadvantages that young people face. However, education does not stop with young people; it is an evolving process.

The issues on which I touched are important. They resonate with me and I have a particular interest in them. I acknowledge that budget 2017 secured an additional €458 million in funding for education, and that is positive. This is a very ambitious plan and it is a brave Minister who will set it out as clearly as the Minister has done and I wish him well. I would welcome comments on the issues I raised. Again, I thank the Minister for coming in and, more importantly, for his time.

21/02/2017HH00300Senator Máire Devine: I thank the Minister for coming to the House today. Having read the plan and the proposals for the education of our children, I also thank him for them. We need much more action to address the chronic underinvestment which currently cripples our education system. In the past, this was known as the land of saints and scholars but hopefully we have lost the saints. For the scholarly, however, it depends on one’s postcode. Inequality is very much in existence.

What we have today is simply a rerun of last year’s education plan and a DEIS update which leaves out a whole host of disadvantaged schools, with thousands of students left behind because of underinvestment. TASC launched a report in autumn or winter last year for 2016. It states that inequality is not noticed at birth, at one year or at three years old but it starts to creep up after that and begins to show in the child. The saddest thing I ever heard was that, by the age of 13, children in disadvantaged areas give up psychologically on their dreams of being princesses, going to university or being rocket spacemen. This is through disadvantage and the lack of a secure education for them. We need to bring this back into our education system for all our children.

The most disturbing part of the decision is to provide only ten NEPS psychologists even though 600 schools are currently without access to them. In the course of my own lengthy experience in psychiatry and during the workshops I gave to schools in Crumlin and Dublin 8 it was harrowing to see the number of children with mental ill health and ill health is rampant in some schools. There is a lot of suicidal thought and it is even more worrying to hear of hidden thoughts of self harm, especially among girls. We desperately need psychologists if we are to help them from an early age.

The Minister will be aware of the lack of psychologists but it is disappointing that he has failed to fund them adequately. Is it because parents will do anything - beg, borrow or steal - for their distressed children that we do not budget for this? That may be a cynical point but there has been so little effort on behalf of the extra 600 schools which need these services that

285 Seanad Éireann it appears to be true. This is not how we should treat our children. In Sinn Féin’s alternative budget, we provided for €3.5 million in education for psychologists and full restoration of guidance counsellor provision because students’ mental health, from the cradle upwards, is very important.

The Minister’s document gives no detail on the methodology of the allocation of resources under the new model for special educational needs. Several schools have contacted our spokes- person, Deputy Carol Nolan, seeking certainty on the resources to be allocated and the methodology the Department will use to decide what is allocated to whom. They also want to know how accommodating the Department will be when schools undergo a change in circumstances. These plans are being rolled out in September so schools need to know what is happening as soon as possible. They need to know how they can appeal against decisions they feel are unfair.

The goalposts seem to be changing in terms of deadlines and targets for access to higher education. When is the review of the student assistance fund going to be published? I understand the target date was the end of 2016 but there has been no report yet. The data plan for monitoring access to higher education was due by the end of the year and a report on barriers to lone parents accessing higher education was due before the 2017 budget. Neither has been published yet. Individuals from lower socioeconomic groups have been severely and unacceptably under-represented in higher education and the Department has failed to meet three deadlines for reports which potentially highlight access issues. These need to be done as soon as possible.

I welcome the fact that the DEIS scheme is bringing in new schools for the first time since 2009. There is a lack of clarity as to the criteria the Department is using to pick the schools and some schools which have not been included in the scheme feel they have a right to be included. Can the Minister explain the criteria and say how to go about an appeals mechanism in which the Department will look at a decision again? The DEIS scheme is a fundamental part of providing equality to our education system and it should be funded proportionately with that in mind. We must change the face of higher education. Last year, Senator Ruane remarked on the difference between listening to somebody from a wealthy background tell of how they were getting on in life, in secondary school or university, and the experience of counting the number of her own friends who had died because of suicide or depression. This fundamental difference in society is due to poverty and we cannot stand by and leave our children in poverty or they will never have the dreams or the hopes, or the encouragement and empowerment, to improve their lives. We have to tackle inequality and poverty but we are not doing it in the right way, across health, housing or education, which are the three fundamental areas in which we all need to feel secure, protected and supported.

In our submissions last year we set aside funding for increasing SNAs and resource teaching hours in the area of special educational needs because we need to put those needs first. I hope the Minister will take on board what has been said today and take another look at his De- partment’s action plan. As it stands, it will not sort out the issues about which we have spoken. Education for all, access for all and equality for all are at the forefront of everything we do.

21/02/2017JJ00200Senator Lynn Ruane: I want to address a couple of areas and hopefully get some answers. One relates to the fact that over 6,000 children live in care, some for short periods while family difficulties, such as the illness of a lone parent, are resolved but many grow up in care. How are these children doing educationally? How many sit the leaving certificate or go on to further education? Why are there no data for this specific group? The State is responsible for these children but it is not asking questions around education. We have an obligation, as a society, to 286 21 February 2017 children in care to increase their future chances and education pays a crucial role in this. Can the Minister change this deficit in knowledge about kids in care and their educational journey? Scotland, Australia, the US and Northern Ireland gather data on educational attainment of children in the care of the state and publish them regularly.

We are discussing the Cassells report at the Joint Committee on Education and Skills and I call on the Minister to provide a technical report to go with the Cassells report. It is all very abstract and we need a technical report to look at the three different options, how they are rolled out, where the funding comes from and who funds them. We have no understanding of how each would work in practice and this piece of the investigation into third level education is missing.

Many children with dyscalculia, the mathematical equivalent of dyslexia, receive no diagnosis of, or resources for, the condition. We need to recognise it on the same level as dyslexia but there are no supports at leaving certificate stage for anybody with dyscalculia. We are doing a lot in mental health in schools and this is a positive step that I welcome but I am concerned about the sustainability of teacher capacity in the area. Teachers are the carriers of change in this area but they have a fear of intervening. I submitted an inclusive model for teacher training to the Department, which would mean teachers would do work placements in mental health provider centres, youth clubs and domestic violence centres so that they really understand the context in which they are working before they are placed in schools.

Another question relates to disadvantaged students who attend private colleges such as Griffith College. They are living on the margins yet State funding in terms of SUSI does not extend to them. Could the Minister indicate whether there will be any movement in that regard?

I refer to the many recent comments about Ireland being one of the biggest losers in relation to Brexit. Could the Minister outline the plan for the Department in terms of what is being put in place to support Irish universities that suffer following the negotiations on Brexit?

I commend the Department on extending the period Indian students can stay in Ireland. Will a similar extension be extended to other nationalities as it is a positive step in terms of attracting foreign students to universities in this country?

21/02/2017KK00200Senator Catherine Noone: I welcome the Minister and commend him on his ongoing work. It is unusual for a Minister to arrive into the House and not to read from a script. He is obviously very much on top of his brief. I thank him for coming to the House.

For the education system to be truly equal, fair and inclusive, every child must have the opportunity to fulfil his or her potential, regardless of circumstances. We must strive to ensure that every child enjoys the optimum health and well-being in which he or she can thrive personally, socially and academically. Last week’s announcement of the DEIS plan 2017, in addition to the action plan are very welcome. The latter centres on using the potential of the education system to break down cycles of disadvantage. As the Minister said, it builds on the experiences of existing DEIS schools and draws on international best practice. It also sets out new targets. In my view, however, as important as academic success is – most of us would take that as a given – the priority must also be on the promotion of health and well-being among children. A child’s health has such a huge bearing on his or her performance in school and on how he or she will achieve and turn out in life in general. I commend the fact that the Department of Education and Skills is involved in a number of measures to promote the overall Healthy Ireland agenda

287 Seanad Éireann that is being led by the Department of Health. It is only with a cross-departmental approach that we will get to the bottom of the problem.

I recently attended some meetings in Amsterdam. The Dutch had a problem with childhood obesity as well but the incidence is one in eight and it is moving towards one in ten now, whereas the incidence here is one in four, which indicates a much greater problem here. We are doing a report for the British-Irish Parliamentary Assembly and I would be happy to send that on to the Minister when it is available if he considers it helpful.

The work that is being done by the Department of Health feeds directly into the work relating to student well-being and mental health. The Department of Education and Skills is co-operating with the Department of Health on specific areas relating to the Healthy Ireland initiative. There are three parts to the initiative. There is the special advisory group on obesity, SAGO; the actions under the sexual health strategy and actions under the national physical activity plan.

I have long been a strong vocal advocate for the urgent necessity to tackle the scourge of childhood obesity. That needs to be done at a very young age. Could the Minister clarify whether objective 1.1 in the report to which I referred, which relates to wellness subjects is intended for primary schools or secondary schools? I get the impression that there is an opportunity to make submissions and that it has not yet been decided how the subject will be ultimately decided. I feel strongly that children in primary schools must be educated as to what is healthy so that they know good food is fuel and if one eats well one will be healthier and therefore perform better at school and in sporting activities. A subject such as well-being in schools should encompass awareness about sugar and alcohol. I will come to some related issues shortly.

Currently, one in four Irish children is considered to be overweight and obese. In fact, we are on target to be the most obese nation in the world by 2030. I have also highlighted the fact that Irish children are consuming far too much sugar. We hear a great deal about that. It is the opposite to where we were 20 or 25 years ago when fat was the enemy. When fat was considered to be the enemy it was taken out of food which was then pumped with sugar and salt. We need to be careful about the extreme hate agendas which go against certain foods.

I wish to highlight the gap that was recently exposed in a recent report which indicated that fourth year male students are 41% fitter than their female counterparts. I do not think that is acceptable. That is due to all sorts of reasons, including academic ones. I would be interested to hear a comment from the Minister in that regard.

In my view, tackling obesity must encompass both diet and exercise. We must target children at a very young age. In more deprived areas or where parents are not as aware of nutrition as they should be we could target parents through children. I have so much to say to the Min- ister but I am aware that I am under time pressure. I will conclude.

I did some work last week on synthetic drugs, which are a growing problem. In 2015 a total of 50 deaths were attributed to synthetic drugs, for example, U4. Even people who deal with drugs find it very difficult to get their heads around them. With cocaine, heroin and other such drugs at least there is an appreciation of what they are dealing with, whereas synthetic drugs are being bought on the Internet and sourced in other ways.

Thank you for your indulgence, a Leas-Chathaoirligh, I will finish on this point. We should improve awareness of drugs as part of a well-being subject where we cover issues such as healthy eating with a positive focus. We could invite speakers to schools who have had a 288 21 February 2017 negative experience with drugs or alcohol so that we can teach children early. They will make decisions as they go through life but we should arm them with the requisite information as early as possible. I am grateful for the indulgence of the House as I spoke for longer than intended.

21/02/2017KK00300Senator Ivana Bacik: I welcome the Minister to the House. I also welcome the opportunity to debate the subject of education with him. I thank him for his opening statement. As he said, it is an exciting time for education in Ireland. We are facing immense challenges but some very positive developments also, in particular as we are coming out of the recession and seeing an increase in resources available to the education sector. I think I am correct in saying approximately 1 million people are accessing education at all levels across the country. We have seen significant demographic growth and that has brought its own challenges.

What I wish to focus on, in the brief time we have, is equality of access. First, I wish to note some very positive aspects in my sector, which is third level. I note that we have a very good record in terms of third level achievement. A total of 48% of 25 to 34 year olds have a third level qualification, which places us very high indeed in the EU rankings. We have met EU targets for third level achievement and we also have good records in terms of resourcing programmes to ensure greater access for students from disadvantaged backgrounds. We have seen particular success with programmes such as that run in Trinity College, the Trinity access programme, or in DCU with the Ballymun Initiative for Third Level Education, BITE, among others. However, it is clear that a great deal more could be done to ensure greater diversity of access to third level.

I wish to also reference the Cassells report, which Senator Ruane mentioned, because many of us have a concern about a fee-based model, which is one of the options addressed in the report. The danger is that it would have a detrimental impact in terms of ensuring greater equity of access across various sectors of society, and in particular that it would be a disincentive for people from economically disadvantaged backgrounds. We had a number of seminars on the issue in recent months in Trinity and many of us have a real concern about that.

In terms of research and research funding, we are seeing very positive developments in terms of increased resources, which again I very much welcome. It is noteworthy that Science Foundation Ireland, in its presentation to the all-island civic forum on Brexit in Kilmainham in November was one of the very few entities on the island to express some positivity about the impact of Brexit. I was at a briefing with Science Foundation Ireland last week, which other colleagues attended, and it again expressed guarded optimism about the potential for gaining access to EU research resources and funding as a result of Brexit. That is not to say there is anything positive about Brexit, as most of us are deeply depressed about the prospect of it but it is good to see that there may well be some positive impact in terms of science funding and in terms of prospects for collaboration and the ability to attract top level scientific researchers. That is something to note.

I want to focus on the issue of equality of access at primary level, a subject on which I have worked for many years and which is currently the subject of great debate. I refer to equality of access on the grounds of religion, the so-called baptism barrier, about which the Minister spoke on 16 January and again at the Equate Ireland conference yesterday in Croke Park. I very much welcome his remarks and initiatives in establishing a consultation on this, in which I participated as a parent of children at primary level.

All of us are very familiar with the statistics, namely, that of the 3,200 primary schools 289 Seanad Éireann across the country, 96% are under religious patronage and 90% of those are Catholic. A mere 81 schools are under the multidenominational patronage of the Educate Together school body. Of the Educate Together schools, it is important to note that 26% are DEIS designated. There is a diversity that is not just about religion. In terms of Educate Together schools, of which I am a very strong proponent and supporter, it is important to note they are not just about equality of access for children of all faiths and none. Rather, the model also ensures that faith formation classes remain outside the school day, the children learn about all religions without being instructed in any one and education more generally is child-centred and parents have a strong role. It is not just about religion.

This is an issue, in particular at primary level, which the Minister has noted. We do not see the same stark figures at secondary level. Some 45% of secondary schools are not religious run. The disconnection between the high level of schools under religious patronage and the fact that we are now seeing over one third of couples choosing to marry in non-religious ceremonies and more parents are voting with their feet and choosing Educate Together schools, many of which are wildly oversubscribed, shows the need for change. As I said, the Minister has acknowledged that. It has been a very slow process.

I am conscious that the former Minister, Ruairí Quinn, my Labour Party colleague, initiated the national forum on pluralism and patronage in the primary sector in 2012. As part of that process, there was a proposal that divestments would take place. I was the chair of a local school start-up group in the Dublin 8 area which led to the divestment of a Catholic school, the Basin Lane Christian Brothers building which reopened in 2014 as Canal Way Educate To- gether school. The school is thriving, I am delighted to say, and is multidenominational.

Divestment as a broader process has been very slow, despite the fact that where surveys of parental demand were carried out following the national forum and Professor John Coolahan’s report, a large majority of parents voted for change to a multidenominational model. Yet, there is a real difficulty with actually achieving divestment, largely due to the fact that school buildings remain in the ownership of religious bodies or lay trusts established by religious orders to manage their affairs. That has led to significant problems for the State in practice, in terms of trying to achieve change and greater pluralism in the patronage of schools. The Minister and his officials are very aware of this issue.

A very positive initiative was taken by another Labour Party colleague, Deputy Jan O’Sullivan, the Minister’s predecessor, who took the decision to abolish rule 68 in January 2016. It had been a particular issue for many parents, given the fact that it required the curriculum be infused with a religious ethos in Catholic run schools. It was a positive move. However, the initiative the Minister announced in his speech on 16 January marks a new process.

As I said, I have participated in the consultation process and I very much welcome it, as well as the fact that he spoke yesterday at the Equate Ireland conference. At the conference, we saw a real momentum for change. Professor Bielefeldt, a former UN rapporteur on education, spoke about potential breaches of human rights, given the fact that there is a barrier in terms of access to education because of the religious patronage of many schools. We all need to acknowledge that it only becomes an issue where schools are oversubscribed, an issue many have spoken about. It is a particular issue in Dublin. About 20% of schools are oversubscribed and can and do limit access to children of particular religions. That is untenable. It is a breach of the human rights of children and we need to move to a position whereby we have change.

290 21 February 2017 I would favour repeal of section 7(3)(c)of the Equal Status Act. The Labour Party brought forward a Private Members’ Bill seven months ago to address the issue, which the Government supported on Second Stage while expressing some doubts about it. How does the Minister see the process gathering pace, given the slow momentum we have had in the past and the fact we have been criticised by international bodies over successive years for our failure to address the religious dominance of school access for primary pupils? How do we move to a target the Minister noted we need to move towards, namely 400 multidenominational schools by 2030?

Some are advocating a community school or interdenominational model. The problem with that for many parents is that it still requires children to attend faith formation or religious instruction classes during the school day. For many of us, the principle is that faith formation for children is a matter for parents in accordance with their religion, and should take place outside of the school day. The national school curriculum should be about giving children a broad education on all forms of religion, as well as humanist and atheist beliefs, but not instruction in any particular faith. That is a very important principle for many of us involved in the movement for change.

21/02/2017LL00200Senator Catherine Ardagh: I thank the Minister for coming to address the House today. I have raised the matter of DEIS schools in the House. I very much welcome the expansion of the programme. However, as some of my colleagues have pointed out, there are some issues regarding transparency and the criteria required for entry onto the scheme. The DEIS expansion is something welcomed by Fianna Fáil. It is a programme that was initiated by it and plays a significant role in tackling social exclusion and helping disadvantaged children.

Selection criteria is a significant issue, and the process seems to be shrouded in secrecy. I met the Minister earlier this year regarding a school in Walkinstown, the Assumption Junior School, which lost a class on the basis that it did not have enough pupils. It was awarded disadvantaged school status. The school to which I refer is an island in a sea of DEIS schools in what is probably one of the most deprived areas of our city. The school had not been awarded DEIS status on the basis that the teachers work very hard to get good results for the children attending the school. It is a fantastic school, but one which faces many challenges.

There have been some interesting discriminatory factors regarding how a school is awarded DEIS status. For instance, the girls’ and boys’ primary schools and the girls’ secondary school were not awarded DEIS status, but the boys from the primary school attend a school across the road, Drimnagh Castle, which was awarded DEIS status. There is direct discrimination between boys and girls. Boys attend a DEIS school, which has a smaller pupil-teacher ratios, home liaison services, the school completion programme, better access to literacy and numeracy supports and other such benefits.

The principal of the Assumption Junior School in Walkinstown questioned the Higher Edu- cation Authority as to why it was excluded and received a very interesting reply. The HEA recommended that the principal check the POD data to ensure that all pupils had full addresses and Eircodes, where available. I have a small business in Crumlin village and have tried repeat- edly to get an Eircode for my premises, without any success. For the HEA to tell a school that because it has not provided Eircodes it cannot be awarded DEIS status is something I cannot believe, and it needs to be challenged.

That the schools to which I refer have not been awarded DEIS status is shameful, when there are social issues in the area and other schools around the country have been awarded DEIS 291 Seanad Éireann status despite being in much more affluent areas. These children deserve a chance. Mol an óige agus tiocfaidh sí; cáin an óige agus clisfidh sí.

It is a real kick in the face of these schools, the teachers and the pupils who attend them.

I ask the Minister to consider this school in particular. Perhaps he might reassess its status using a POD system or whatever else and grant it DEIS status.

21/02/2017MM00200Senator James Reilly: I welcome the Minister and his action plan. I very much welcome the strong focus on the continued integration of children with special needs and from disadvantaged backgrounds. There are real problems in retaining such children in school. The school completion programme has played a critical role in achieving the goal of keeping 6 o’clock children in school for as long as possible to avail of an education. The facts are star- tling. As mentioned by other Senators, higher educational attainment, tangentially, leads to a higher paid job. Many children, including those with special needs, can excel if given the right support at the right time, for example, by SNAs, the number of which the Minister has increased on a yearly basis. The responsibility to meet the increasing demand for speech and language and behavioural therapy lies more with the HSE. As children only have one childhood, cross-departmental co-operation is required to deliver services. The Department of Education and Skills has improved in leaps and bounds in this regard.

I especially welcome the Minister’s comments on DEIS schools and his examination of the synergies between schools to provide the best support for children. The measure is innovative and novel and bound to lead to good results. Many children with special needs or from disadvantaged backgrounds can excel if given the right support, the provision of which can involve multiple agencies and Departments. I have mentioned the Department of Education and Skills, the Department of Health and the HSE in this regard. Other organisations and Departments include Tusla, the local authorities, the Department of Children and Youth Affairs, the Depart- ment with responsibility for the environment and the Department of Justice and Equality.

Schools and parents will always worry about losing services. Striking a balance between rewarding a school that has achieved great results through its teachers and staff working hard and, on the other side, providing resources where they will make impact the most and are most needed is difficult, but it is a task that must be watched closely. I agree fully with the move away from diagnosis towards need in determining the support to be provided. When I was Min- ister for Health and former Deputy Kathleen Lynch was Minister of State at the Department of Health, we promoted this initiative.

On a broader and brighter note, it is great to see cranes in Balbriggan and Lusk where schools are being built. I welcome the news that tenders have been issued to proceed with the second phase of Lusk community college. I know that St. Michael’s in Skerries is anxiously awaiting a new premises for its students. When I visited the school, I discovered that conditions there were very poor. If ever a school required a new building, St. Michael’s deserves one. The students include some of the most vulnerable in our society and it will reflect on us if we do not look after them and provide them with the educational environment they desire and deserve. The staff at the school do a wonderful job in difficult circumstances.

St. Joseph’s secondary school in Rush has provided classes on coding for a number of years. Many students participate in them, even though the subject is not on either curriculum.

Let me highlight a real problem in Swords. The Minister has answered parliamentary ques- 292 21 February 2017 tions on the topic. I will read a letter I received from a resident:

My family and I life within five minutes of the Holy Family school in River Valley. We are, therefore, local residents and Catholics so we fit the criteria for a school place. On Thursday we received a letter from the school to inform us that our daughter, four in No- vember, was not a successful applicant and she has been placed on a waiting list.

The waiting list includes up to 100 children. Owing to the unprecedented numbers applying for admission, in the end the school decided to go by the age of the child. Any child whose date of birth was beyond 4 November was placed on a waiting list. There are other schools in Swords where clearly there is a problem, but the Department states otherwise. The problem needs to be highlighted. Holywell national school also has a waiting list. When the family in question rang to inquire about a place, they were told there was a waiting list but no number was given. Another primary school in Swords is Scoil an Duinnínigh. Again, when the family inquired about a place, they were told there was a waiting list and that following the making of an application, their child would be 30th on the list. St. Cronan’s junior national school is at full capacity. Gaelscoil Bhrian Bóroimhe is in its second round of offers and there is a waiting list but, again, no number was given. Old Borough national school is at full capacity. St. Col- mcille’s girls’ national school will be accepting applications until March. Thornleigh Educate Together national school is in the second round and there is a waiting list. Swords Educate Together primary school has a waiting list of 135.

The Department has stated the problem of finding a school place is not as big as we believe it is, but people on the ground have had a different experience. It would be great if the Minis- ter were to visit the constituency as it would afford him an opportunity to see all of the cranes and the great work being done by his Department. He would also be able to learn about the challenges that remain. The constituency has the fastest growing population of young people in Ireland, if not the European Union. As such the provision of school places will continue to present real challenges. Therefore, we must plan for the future. There is a landbank in Fingal which is the obvious place in which to provide for future expansion.

21/02/2017MM00300Acting Chairman (Senator Catherine Noone): I ask Senators to stick to the time allocated in order to leave enough time for everyone. As the Minister is due to respond at 6.20 p.m., I am under pressure to include every Senator who wishes to contribute.

21/02/2017MM00400Senator Gerard P. Craughwell: I welcome the Minister and compliment him on hitting the ground running when he was appointed Minister for Education and Skills. Thus far the signs have been good and I am not saying it to boost his chances as regards anything that may happen tomorrow. He has done a good job.

Equality of access has been discussed. Frankly, the nonsense of teaching religion in national schools must stop. Let me give an example. The other day I talked to a national schoolteacher who had prepared her class for First Holy Communion. Each time she tried to get her students to focus on religion, a little girl would say she wanted to talk about her dress or hairdo and the method to be used to travel to the church. On the day of the First Holy Communion the teacher looked around but there was no sign of the little girl in the church. She thought she must have fallen ill with excitement. When push came to shove the child did not show up. The students were instructed to wear their First Holy Communion gear to school to have a photograph taken. The little girl arrived in school with her hair beautifully done. The teacher said, “Oh my God, Julie, you were not at the church on Saturday. What happened?” The girl replied that her mum 293 Seanad Éireann had booked a hairdresser to call to their house but they arrived late. When the girl’s hair had been done, the family were too late to attend the church and went straight to the hotel. What does that say about our view of religion and where we are going?

It is time we kicked the practice aside and stopped the nonsense and did what I saw happen in Finland when I visited a school there two years ago. The trip around the school included a talk about fitness and well-being. I was told that, regardless of the weather, the children spend every Monday in the forest behind the school. Another Senator and I were assigned a 12 year old kid to show us the resources available in the school. As we walked up the stairs to the music room, the child stopped dead at the middle of the stairs, turned around and said: “I am terribly sorry, Senators, but I should have asked you how Ireland was coping with the crisis?” I asked him to what crisis he was referring. He said he had meant the economic crisis and I replied that I was delighted to report that we were recovering. He said that gave him great faith because Finland would have to cut its budget in the following three years and that if Ireland could re- cover, Finland could. He smiled and trotted off towards the music room. When we reached it, I told him that his English was extremely good, for which he thanked me. I asked him whether he also spoke Swedish. He said he spoke Swedish, Finnish, German and English but that his Russian was bad. In the light of Brexit and our commitment to the European Union, we would be better off teaching children here coding, as mentioned by Senator Reilly, and languages. If people want to have their children taught religion, I suggest they attend Sunday school or that time be provided after the school day when a religion teacher could teach the subject. That is my view on national schools.

I want to talk to the Minister about further education. As a former president of the Teachers Union of Ireland, I was hammered for making the following suggestion. We have the finest further education institutions in the country, catering for some 30,000 teachers, and yet we close them every summer and in the evenings unless there are evening classes. The McIver report, which was published in 2004, provided for the opening of further education colleges for the 12 months of the year from 9 a.m. until 9 p.m. We can revisit that model and start making those colleges work for the general good. We were talking about third-level colleges and how well they are doing. We have a huge attrition rate because we have devalued apprenticeships and we have devalued further education. As someone who came through further education rather late in life I have tremendous respect for what goes on in those colleges, and I would ask that we might at some stage reinvigorate the ideas in the McIver report and have those colleges open late in the evening 12 months of the year.

21/02/2017NN00200Senator Colette Kelleher: I welcome the action plan for education and particularly the focus on the disadvantaged. My first job was in Finglas, working in the Youth Encounter project, which involved looking after children who had dropped out of mainstream education. That theme has followed me throughout my working life. I worked in England setting up Sure Start centres which focussed on educational disadvantage. When working with the Simon Com- munity in Cork I could see the impact of low educational attainment on the people who came through the doors. There is a much higher rate of learning disability in prisons than is found in the general population. Even in dementia, people who have poor educational attainment have higher rates of dementia. It is a fundamental issue that affects us across our lives. I often think of the 2,500 children living in emergency accommodation. How on earth are they to succeed in the world? How are they going to do their homework? How will they be educated?

I want to talk about children with autism. Children and students with autism should be able to access a diverse and suitable education in a mainstream setting. The Education for Persons 294 21 February 2017 with Special Educational Needs, EPSEN, Act 2004, provides that children are to be educated in an inclusive setting unless this would not be in the best interests of the child. The provision of an autism spectrum disorder, ASD, classroom, which enables students with autism to navigate school successfully, are key to making mainstream education accessible. Allowing students with autism to attend mainstream education has a positive effect on the whole school, providing all students with an insight and understanding of autism. The world is a diverse place and our schools and classrooms should reflect that reality. There is a current chronic lack of ASD classrooms, particularly at second level. At present schools can and often do refuse to establish an ASD classroom when requested to do so by the special education needs co-ordinators, SENO, working for the National Council for Special Education. As a result there is patchy and unbalanced access to education for children with autism. Some students, even in urban areas, are often forced to travel up to 20 km to school every day because local schools will not cater for their needs.

Many students who had access to an ASD classroom at primary school will not get one at second level because of the current gap in provision. Before Christmas I spoke at the first meeting of the campaign group Homeroom in Cork. The meeting was attended by hundreds of parents and teachers. The group has highlighted the fact that in the whole of County Cork there are just 81 ASD classrooms at primary level for 480 pupils and just 41 at secondary level. The difference in places at primary and secondary school, the Cork autism education gap, is 234. Nationally this gap affects 2,366 pupils. As a result some students will lose educational support as they transition from primary to second level. This uncertainty and even loss of access to education for children and young people with autism causes great stress to children who especially need consistency to thrive and learn and make progress in the world. A place in an ASD classroom can be more cost effective than a place in a special school or the cost required to support home schooling.

I believe the solution is to provide the National Council of Special Education, NCSE, with the necessary authority to instruct a school to open an ASD classroom. The NCSE requested this power in a 2015 policy paper, and the Education (Admission to Schools) Bill 2016 gives the Minister the opportunity to actually change the current draft to give that power and authority to the National Council of Special Education Need. This small change in the amendment - I gave the Minister a copy of it before I came in - would make a huge difference to those children with autism who are struggling to get access to education. I hope this will be taken up as the Bill goes through the Dáil, but if not I will be back to propose it. I would like to think that the Minister will spare me the effort by doing the sensible thing now and take on board this useful, simple and timely change to a Bill that is going through.

21/02/2017NN00300Senator Michelle Mulherin: Regarding third-level education, we have the Mayo campus of Galway-Mayo Institute of Technology, GMIT, located in Castlebar in Mayo, and there is much concern locally that the campus is being downgraded to the benefit of Galway. I have met recently with Dr. Fergal Barry, head of GMIT, and the local head of campus, Mr. Michael Gill. It would seem that the problems of GMIT apply both in Mayo and in Galway, and that they share difficulties and challenges that IT colleges around the country share.

It would seem that there is scope for GMIT Mayo and Galway campuses to get more involved in research and development, but the funding made available by Government, which I understand is €150 million, which allows universities to seek co-funding from businesses and to set up funding for particular projects, is not available to the IT colleges. This clearly will impact on their ability to engage in research and development projects, and as I understand it part 295 Seanad Éireann of our success in terms of investment, job creation and growth has been in the area of research and development. In my own neck of the woods, Ballina, we see some of our multinationals engage in research and development. This is adding value to their products and is also adding jobs. I understand that this funding is not available to IT colleges. What is the rationale for this and can it be addressed? This presents a structural problem for the IT colleges if they cannot access the same funding. Evidence of this is that within the past ten years we have witnessed a fall in funding to the IT colleges of approximately €1,700 per student compared to €250 for the universities, which would seem to underpin or verify the case that is being made that the IT colleges are not being properly supported equitably. How can this be justified?

With regard GMIT and the Mayo campus, this college is critical for rolling out vital third- level courses in our region. We spoke earlier about disadvantage. The issue of the logistics of people travelling and being able to afford to go to college also arises. The location of the campus makes third-level education accessible which people might not otherwise avail of. Per- haps the Minister can give some assurance as to how GMIT can make up this shortfall and truly engage in a sector that it is ready, willing and able to engage with. It has two research and development projects under way but they have to seek 100% funding.

I welcome the new Delivering Equality of Opportunity in Schools, DEIS, support programme. There are many schools around the country which are relieved they will get the extra supports and benefits and help them tackle educational disadvantage in the areas that they serve. It has been pointed out that some schools are disappointed, and I welcome the engagement that will take place between the Department and the schools. One school in particular that has been included this time around is Inver national school. I am asking the Minister that additional interim supports be given to the school. The reason is that the school has been excluded from the DEIS programme since 2005, quite simply because the person responsible for filling out forms did not return them, notwithstanding reminders from the Department. This is all tied in to the Corrib project, the Shell to Sea campaign, etc. The whole region, the barony of Erris, was devastated for a while in that there was much conflict within the community. Since the time in question, many wrongs have been put to right, thankfully, and many issues have been settled.

Every other national school in Erris — they all have a similar profile — acquired DEIS status. I have contacted the Minister’s two predecessors, Mr. Ruairí Quinn and Deputy Jan O’Sullivan, but nobody could state why the school, through no fault of its own, was never included. A whole generation of children has lost out on school supports and capitation grants. It is not enough that the children will get the support in September 2017. Some interim support should be given where there is clearly disadvantage. The school has been vindicated by being included this time and it has had a case throughout. At the time of the refusal of DEIS status, the school was not even allowed to appeal because of the approach taken by the person responsible, who has long departed from the school. I commend the head of the board of management, the principal and the community, all of whom have not given up and have not become too cynical about the fact that they have been ignored.

I ask the Minister to put this wrong to right. Many wrongs have been put to right. I ask the Minister to examine this matter. There is no other school in the country, in any region, that has experienced what has been experienced in the school in question. I ask the Minister to examine this with fresh eyes.

21/02/2017OO00200Senator Gerry Horkan: I appreciate the opportunity to contribute. I was at a meeting of the finance committee so I was not able to be present for the whole debate. I want to touch on 296 21 February 2017 one aspect, that of admissions. I represented Dún Laoghaire-Rathdown, many of whose schools are quite oversubscribed. I am on my fifth term on the board of management of a secondary school. I have been on the boards of two different secondary schools over five terms. This is my third term as chairman. Therefore, I have a fair understanding of the issues concerning admissions policies. The difficulty is that if 270 people are applying for 90 places, 180 families, including parents and children, will be discommoded. No matter how we change baptism barriers or other barriers, it will be a question of supply. It is a bit like the housing problem in that we need supply. We want people who want their children to be educated in a faith-based school to have access to one. Equally, we want people who do not want a faith-based ethos or who want a multidenominational or nondenominational ethos, to be allowed that.

I ask the Minister to take account of the issues in south Dublin. I have never seen a school that was not full that refused anybody because he or she was not baptised. They let pupils live. The Government is moving deckchairs on the Titanic; it needs to increase the supply based on the relevant needs of the area and provide extra schools. That allows those who want their children to have a faith-based education to have it and, equally, it gives those who do not want their children in a faith-based system to have this choice. I thank the Minister for tackling the issue.

21/02/2017OO00300Minister for Education and Skills (Deputy Richard Bruton): A considerable number of issues were raised. I will try to deal with them as quickly as possible.

Senators said there was confusion over how decisions on DEIS status were reached. The criteria used are based on a statistical model. It is some form of HP model. Essentially, the ingredients are population decline, dependency ratios, the educational levels of parents, which are based on two measures, lone parenthood, overcrowding of the home, social class, occupation and unemployment rates. The authorities consider the pupils enrolled in the school and the background from which they are drawn, and then they apply the measures I have listed. The system is applied uniformly to every school in the country. Therefore, there is no question of me or any individual favouring one school over another. Any school can request a review of the way a calculation was undertaken. The criteria are based entirely on using a fair model. The previous model was based on principals making returns, often, as Senator Mulherin indicated, in an arbitrary or incomplete way. What we are now doing is a first step; it is a first round. We are clearly opening the programme to other schools.

Senator Catherine Ardagh complained about an individual school in Walkinstown being left out. Dublin 12 had 15 DEIS schools. Five additional schools there have obtained DEIS status out of a national total of 79. At primary level, two of the schools are in Greenhills and one is in Moran Road and, at second level, the schools are in Greenhills and Walkinstown. That was based on a fair selection. It was not prejudiced against anyone. The same rules were applied everywhere.

Resource teaching was raised. We are providing 900 additional resource teachers. We are guaranteeing that no school will lose. On top of that, we are obviously protecting the resources for children with complex needs. Resources in this regard will continue to be allocated. We are deploying the 900 additional teachers in the schools that demonstrate on an objective basis, taking into account literacy standards and such measures, that they have a higher level of learning need than other schools. Therefore, the schools with the highest level of learning need will be the ones that will gain the additional resource teachers, and all the others will keep what they have had. A school will continue to have a resource for any child with complex needs. If a school feels it does not have sufficient resources for individuals, it can apply to the NCSE, 297 Seanad Éireann which will review the matter. A new support service is being established in the NCSE to support schools in making this a success. It is a good model and it is worth supporting.

I fully agree with several Senators who raised the well-being programme in many con- texts, from obesity to mental health. The programme is crucial. I acknowledge schools cannot provide the whole response but we are investing substantially in rolling out the junior cycle well-being programme. We are providing 22 hours’ support for the teacher to roll out the programme, as with all junior cycle measures. There will be an effort to develop resilience in the schools. Every school has got a seven-point plan, on which it is asked to engage to ensure this gets embedded in a high-quality system. We are backing that with the support in the psychology service. We made a commitment to put guidance counsellors back in the schools. There- fore, we are putting in resources.

Senators said we should be expanding NEPS faster. I would love to be able to do so. There was no commitment to have 65 staff in quarter 1. This is the first extension. We are recruiting ten staff and we hope to expand the service by 25%. We are taking the pressure off the service because we are no longer requiring diagnostic tests. Much NEPS time is spent on diagnostic tests on children. This involves writing up reports simply so they may be submitted to the NCSE to draw down resources. We are doing away with the need for all those reports. The diagnostic model is being left behind. We are freeing up the resources of NEPS to go into the schools and support them in a much more positive way.

I cannot accept that the plan is a rerun of last year’s plan. The first plan was a three-year plan but we have specified what we are going to deliver in each quarter of 2017. We met 85% of last year’s commitments, and we hope to do better than that this year. This is not a rerun and the objectives are entirely new.

I do not accept that children in disadvantaged schools are giving up on their dreams. I have been to those schools and I see some fantastic children embracing the opportunities that education offers.

21/02/2017OO00400Senator Máire Devine: Very little.

21/02/2017OO00500Deputy Richard Bruton: We need to do more of that. To pretend it is all negative is unfair. In many disadvantaged areas, teachers are putting in a massive effort. There are great success stories but we need more of them.

Senator Lynn Ruane raised a number of issues. She is correct that there is no systematic col- lection of data on children in care. It appears that because the children go to different schools and are not traced, we do not collect data on individual pupils and reproduce them. We do not collect data on a subset of children in care and reproduce them. We certainly do not want to isolate individual children and their data but, as the Senator says, there is a need to ascertain how we are faring in these areas.

The Cassells report dealt with a considerable issue. Clearly, if my Department can assist the Senator with technical information, it will be happy to do so.

Senator Lynn Ruane raised the issue of diagnostics in respect of a dysfunctional relationship to mathematics. We are moving away from diagnostics and, as such, it is no longer necessary for any reason. If a child exhibits a learning need, the school will have the capacity to deploy resource teaching to meet his or her need, including in a group setting. The Department will 298 21 February 2017 endeavour to support the best model in the circumstances. It is no longer necessary to produce a diagnostic label, stick it on the child’s head and state this is the gateway. I hope this model will open up schools’ capacity to respond to individual children.

Senator Lynn Ruane is correct that we need to invest in the capacity of teachers to deal with mental health and many other issues. I am having a hard look at the area of continuing professional development, or CPD as it is known, to determine whether the current approach reflects best practice. It is very much demand-led. Ambitious and committed teachers can get involved and may not then be deployed to the area in which they have acquired skills. We need to examine this issue and will try to do so in the roll-out of the junior cycle programme, a major reskilling exercise that offers an opportunity to support good practice.

Senator Ivana Bacik who has left the Chamber raised the issue of progress on the baptism barrier and diversity of schools. I will be the first to agree that we have not achieved what the two previous Ministers, Ruairí Quinn and Deputy Jan O’Sullivan, wanted to achieve. As we seek to accelerate the process, we are considering the community national school model as one which may have more capacity. It involves live transfer rather than a land transfer, which means that we would avoid the complex property issues that bogged down the amalgamation and closure approach. We hope this model can be applied. We are taking a bottom up approach by using the 16 education and training boards to identify the views of parents and their capacity to respond. They will then publish a report and, working with the patrons, identify if a live transfer can be achieved. This approach is definitely worth trying.

I recognise Senator Ivana Bacik’s point that people have some misgivings about the community national school model where a break in the programme is provided for faith based education. I have suggested the way to solve this is to have a general full-year programme known as Goodness Me! Goodness You!, with parents being able to opt out of the programme to have their child prepared for First Holy Communion or another religious event or instruction. This would be a good model.

I agree that the baptism barrier, as it is known, is an obstacle in some schools, particularly in oversubscribed areas in Dublin. I have issued four options, the first of which is the Labour Party proposal to have catchment areas within which schools would only be allowed to give preference. Other options involve variants of the catchment model, namely, quotas and the nearest school rule. The fourth option is to eliminate religion completely, while seeking in some way to respect the ethos of the school. This discussion is under way.

I take Senator Gerry Horkan’s point that the ideal would be to build a school for everyone. This year 20,000 new school places must be provided to accommodate the population bulge and this will absorb 80% of the Department’s capital budget. I am not in a position to build new schools to meet different requirements. I must use a model under which new schools will be built in areas in which there are insufficient school places. All of the new schools will be under new non-denominational patrons. However, I am stuck with a scenario in which 96% of primary schools are denominational. We cannot start building more schools as a way of reducing this figure to 65%. We must accelerate-----

21/02/2017PP00200Senator Gerry Horkan: Not all of those schools are oversubscribed either.

21/02/2017PP00300Deputy Richard Bruton: Even in Dublin, not all schools are oversubscribed.

Senator James Reilly raised a number of issues, including an acute problem in Swords. I 299 Seanad Éireann will ask officials to examine the data for Swords where there are 13 schools. According to the data, while some schools in the area are oversubscribed, based on population figures, it should be possible to cater for an intake in the 13 schools operating in the town. This view is disputed, however, as there are some schools with waiting lists. I am checking this, but the Department’s data suggest the area has a sufficient number of school places.

Senator Colette Kelleher raised the important issue of autism. The Department wants to push the establishment of autism units and has increased the number of such units from 500 to 1,000 or by 100% in the past five years. Given the rapid expansion in the number of autism units, it is clear that there has not been significant resistance to them. We must ensure schools have the capability, resources and capacity to develop autism units. By and large, it is schools which are approaching the Department seeking to build autism units. It is not the case that they have been unwilling to take on this responsibility. I am open to discussing whether the compul- sion model is the best one.

21/02/2017PP00400Senator Colette Kelleher: I am referring to second level.

21/02/2017PP00500Deputy Richard Bruton: There is some resistance to compelling schools to open X or Y.

21/02/2017PP00600Senator Colette Kelleher: Children are missing out.

21/02/2017PP00700Deputy Richard Bruton: That is precisely the issue. Should we take the legislative route or a different approach? I am open to discussing the issue and my Department will engage with the Senator and others to ensure that, as we move to Committee and Report Stages of the Bill, we will have an understanding of what is the best way to address the matter.

I assure Senator Michelle Mulherin that, in my view, Castlebar must have a future in the Galway and Mayo Institute of Technology, GMIT, development plan. This has been made clear and a plan is being developed. The Senator stated institutes of technology did not access Sci- ence Foundation Ireland, SFI, research funding. That is broadly true as the research centres are, by and large, located in universities. The €150 million of research funding provided by SFI is not the responsibility of my Department. We are undertaking a journey towards technological universities, which is partly about building applied research capability in the institutes of technology. The institutes of technology are on a journey and must reach critical thresholds in terms of PhD numbers and other factors before they can achieve technological university status. We hope we can get groups of institutes of technology to travel this journey together. That process is well under way.

The way in which the Higher Education Authority allocates funding has been that 40% of the pot is allocated to institutes of technology, with the remainder allocated to universities. This approach is being reviewed. As institutes of technology grew more rapidly than universities, they saw the funding available to them spread among a larger number of students, with the result that the amount available per student declined in comparison with the universities. Ironi- cally, the figure of 40% was arrived at to protect the institutes of technology from being overrun by the universities. It subsequently transpired, however, that the institutes of technology lost out as a result of this allocation ratio. The Department is reviewing the matter.

I cannot select one single school to be given retrospective credit. I have a certain amount of money available and allowed 79 schools through the process, including the school mentioned. I have to be fair to all schools as I am sure other schools among the group of 79 could argue that they stood out for all sorts of reasons. I must apply the rules fairly to all schools. 300 21 February 2017

21/02/2017PP00800Senator Michelle Mulherin: I asked the Department specifically about this matter and have not received a satisfactory answer. No one has ever contradicted any of my assertions.

21/02/2017PP00900Acting Chairman (Senator Catherine Noone): We are over time. I ask Senators to allow the Minister to conclude, please.

21/02/2017PP01000Deputy Richard Bruton: The truth is that many schools did not bother to apply for DEIS status because they did not want it. Some principals, on whom we rely to gather the data, were not as good at gathering them as others. We are now using an objective method for making decisions which will no longer be based on who was more strenuous in collecting data or anything of that nature. Decisions are based on hard information and statistics which are available. This is the fairest approach. We have to be fair to every school.

21/02/2017PP01100Senator Robbie Gallagher: I apologise for interrupting the Minister, but would it be possible to introduce an appeals mechanism for DEIS schools?

21/02/2017PP01200Deputy Richard Bruton: If a school believes it has been unfairly treated, we will review the decision. Senator Ardagh asked why postal codes would be relevant. It is if some child was left out - if, for some reason, the child’s name and postal code was not provided. It is the postal code that identifies the statistical data they would go to collect. If a child was left out, it is important that not only the name but the identifying code be included so that could trigger the data. It is to review things in case inaccuracies occurred. It is not a political or administra- tive decision where judgment is applied and where that judgment could be questioned. It was simply an exercise in the numbers and what they told.

A number of speakers raised the issue of Brexit. It is an area where we have opportunities as well as threats in terms of research and attracting more overseas students. The provision regarding two years after study is available to all students, not just Indian students. There are opportunities in light of the UK decision in terms of attracting more researchers to base themselves in Ireland and more foreign students to come to Ireland so, by and large, it is a matter of upside opportunities on the education side rather than many downside ones. There are many other challenges created by Brexit. Opportunities will not fall into our lap. We must make sure that we are effective in developing programmes to avail of those opportunities.

21/02/2017QQ00200Senator Gerard P. Craughwell: For the record, I did mention that.

21/02/2017QQ00300Deputy Richard Bruton: I was not sure whether I was under pressure to-----

21/02/2017QQ00400Acting Chairman (Senator Catherine Noone): I have allowed considerable extra time.

21/02/2017QQ00500Senator Gerard P. Craughwell: If we are out of time, I can deal with the Minister directly.

21/02/2017QQ00600Acting Chairman (Senator Catherine Noone): The Minister was ordered too little time to conclude so I will allow him to respond.

21/02/2017QQ00700Deputy Richard Bruton: Senator Craughwell’s point about further education was that it was-----

21/02/2017QQ00800Senator Gerard P. Craughwell: Underutilised, for want of a better word. I am looking for the-----

21/02/2017QQ00900Deputy Richard Bruton: Senator Maria Byrne made the point that we are planning to

301 Seanad Éireann have 40 new apprenticeships and 30 new traineeships. We will be relying on the further education system to deliver those. That will require an upgrade of investment in them. If there is potential to sweat the assets and use them more intensively, it would certainly be very welcome because, as we all know, capital budgets will be under very severe restrictions for many years to come.

21/02/2017QQ01000Acting Chairman (Senator Catherine Noone): My apologies to Senators. I think the Minister was given too little time to respond so we must ask him to come back in the near future if his schedule allows. I am sorry if he did not have enough time to respond to everybody. When is it proposed to sit again?

21/02/2017QQ01100Senator Maria Byrne: Tomorrow at 10.30 a.m.

The Seanad adjourned at 6.45 p.m. until 10.30 a.m. on Wednesday, 22 February 2017.

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