Charlie McConalogue (Donegal North East, Fianna Fail)
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117. To ask the Minister for Education and Skills the status of ongoing discussions between her Department and the Data Protection Commissioner on data protection issues relating to the primary online database; and her plans to remove funding to schools for pupils whose parents do not wish to include their details in the primary online database. [8835/15]

Charlie McConalogue (Donegal North East, Fianna Fail)
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This question refers to ongoing discussions between the Department and the Data Protection Commissioner on data protection issues relating to the new primary online database. Will the Minister elaborate on her plans to remove funding from schools for pupils whose parents do not wish to include their children's details in the database? There is much concern about how schools will be treated in terms of funding and teacher numbers where parents decline to provide the information. It behoves the Minister to do her best to clarify this issue today because there are many questions and a great deal of confusion surrounding it.

Jan O'Sullivan (Limerick City, Labour)
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The Department has received a number of comments on and queries about certain aspects of the primary online database, POD, including the retention period for POD data and other data protection concerns. The Department is taking this feedback very seriously and considering the submissions received from parents and other stakeholders. The Department is consulting the Data Protection Commissioner's office and once this evaluation is complete, we will issue an updated circular on the POD.

From the 2016-17 academic year, it is intended that teacher allocations and capitation grants will be made on the basis of POD data. The previous basis for allocations, the national annual school census, will cease operation from that point. The Department will endeavour to work with schools and parents to help to avoid the loss of funding or resources. However, there is no mechanism for separate payment and allocation to schools for pupils that are not in the primary online database. From a practical point of view, it is difficult to see how such a system could work in practice.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister for her response. This issue has been poorly handled by the Department of Education and Skills from the outset. It appears as though it went about seeking this information without first clarifying and seeking authority from the Data Protection Commissioner in terms of assurances that what the Department was doing actually complied properly with the Acts. Is it correct that it is now the Department's intention to revise the circular it already has sent to schools in this regard? Yesterday, a solicitor and outspoken critic of the Department's approach, Mr. Simon McGarr, received a refusal to his FOI request on this issue because he was informed it is now the Department's intention to revise the circular it provided to schools as to how this issue could be dealt with. From the Minister's response today, am I to take it that those schools that are concerned their teacher numbers or funding may be cut because they cannot get full information from parents who are concerned about providing this information are well placed? Am I to take it that the funding and teacher numbers of those schools could be cut if parents continue to have concerns about providing this information? In addition, the Minister should clarify what information is essential and must be provided by parents for a school to be able to get the full funding and teacher numbers it requires.

Jan O'Sullivan (Limerick City, Labour)
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As this information will be used in the 2016-17 academic year, we have a period of time in which to address these issues. I questioned the reason the information requested under FOI was not given and I understand it was because it is normal, when deliberations are ongoing, that FOI requests are not granted. In other words, this matter still is under discussion, is not a final and set policy, if one likes, and this therefore is the reason the information was not forthcoming.

In general, the gathering of this information is not for any nefarious purpose but is for genuine planning purposes in the education system. We have had a POD in place at post-primary level for years and it provides useful information such as, for example, the retention figures at school. This kind of information comes out of the POD and is very useful in terms of planning and so on. People need to understand this has already been in place at all other levels, apart from further education, and that is the only purpose for which the Department of Education and Skills seeks the information.

Charlie McConalogue (Donegal North East, Fianna Fail)
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Over time, people are becoming increasingly concerned and protective as to how personal information is provided and regarding the purpose for which it is used. Parents are aware that information gathered under the POD system, to which schools also will have access, will be retained by the Department until the child is 30 years of age. That behoves the Department to ensure the way it goes about establishing this system is done correctly. Unfortunately, what I appear to be hearing from the Minister and what Members appear to be gathering is that the circular provided to schools, on which they were asked to collect this information from parents, is now being revised because the Department of Education and Skills did not get it correct in the first place. If this is the case, it is a matter of concern. Can the Minister clarify whether this is the case? Does the Minister intend to issue another circular revising the terms and conditions for the POD and for which schools have been asked to collect this information from parents? If this is the case, why has the Minister not asked for a pause in respect of the collection of this information? It is important that this point be clarified and that reassurance be given to the many people who have concerns as to the type of information that is being gathered and how it will be kept for a significant number of years.

Jan O'Sullivan (Limerick City, Labour)
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To answer the Deputy directly, the Department is consulting with the Office of the Data Protection Commissioner and once this evaluation is complete, the Department will issue an updated circular on the POD. One issue is the one I already have stated publicly I would reconsider, namely, the length of time the data are held. It is one of the issues under consideration.