Norma Foley (Kerry, Fianna Fail) | Oireachtas source

At the outset, I want to acknowledge the hugely significant and important role played by special needs assistants in the education sector. They are an invaluable resource within our schools.

In reference to the points made by the Deputies, I acknowledge that a letter issued from my Department. It was sent out in response to the confusion that had arisen as a result of a communication issued by Fórsa to schools stating that there was no liability for SNAs to complete the 72 hours of non-contact hours to which the Deputies referred. It was important that my Department issued a clarification because that was what was being requested on foot of the previous correspondence. The letter reminded schools of the provisions relating to the 72 hours requirement for SNAs. That requirement has been in place since 2005 and forms part of an SNA's contract of employment, which was agreed with unions. The letter did not, in any shape or form, change the terms and conditions of SNAs or amend previous agreements.

Under the terms of the standard employment contract agreed in 2005, SNAs were required to be available for a number of days at the start and finish of each school term, not exceeding 12 days in total. Under the Croke Park agreement, it was agreed to convert the previous requirement of SNAs to be available for 12 days outside of the school year to a requirement of 72 hours, applying pro ratafor part-time SNAs. It was agreed by all parties at the time that the 72 hours would be used by schools as an additional bank of hours to be utilised and delivered outside of normal school opening hours and-or the normal school year. These arrangements were notified to schools in 2011, in Department Circular 0071/2011. Both the original 2005 agreement and the Croke Park provisions were negotiated and agreed nationally between management and trade unions. No additional hours were required of SNAs under the 2011 agreement.

Some recent commentary has referred to the 72 hours as being "unpaid". In fact, remuneration for the 12 days or 72 hours is included as part of the normal salary paid to an SNA under the terms of the 2005 agreed contract. As part of the 2011 agreement on reconfiguration, it was agreed that the scheduling of the hours is at the discretion of school management. Schools were informed that they should ensure that accurate records in this regard are kept. Fórsa, the trade union which represents SNAs, has formally sought abolition of the contractual requirement for the 72 hours through industrial relations channels. In addition, the union has formally sought that the 72 hours be frozen and that employers do not request their completion for the duration of the Covid pandemic. As I indicated, some confusion arose as a consequence of the communications issued by Fórsa to schools. This led schools and management bodies to ask the Department to clarify the position, which it did. During the course of discussions on the former claim, all parties were notified that the Department intended to issue a letter to school management bodies to remind schools of the provisions relating to the 72 hours.

The agreed uses of the 72 hours include for special educational needs pupil-centred activity such as assistance with care planning, learning resource administration such as preparing class rooms and materials, class and school planning and development, assistance with special examination centres for the State examinations, and training. The duties listed in Circular 0071/2011 form part of the normal range of SNA duties and are, therefore, liable to be performed at any time during normal working hours, including during the 72 hours. The 72 hours allow for very important support work, such as assistance with care planning, learning resource administration and training, to be carried out without reducing SNAs' time with the pupils in their care. Accordingly, the suspension of the requirement to complete the 72 hours would have a direct negative impact on pupils with special educational needs as it would impede on normal class time.

Fórsa has claimed that SNAs are being asked to carry out duties inappropriate to the grade as part of the 72 hours, as referred to by the Deputies. The Department's recent letter reminded schools of the agreed list of uses for the 72 hours under Circular 0071/2011 and stated that the grievance procedures should be used where allegations of inappropriate use arise. Neither I nor my Department would support uses outside of those listed in the circular.

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