Joe Conway (Independent)
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Gabhaim buíochas leis an Aire Stáit as bheith anseo chun déileáil leis an Commencement matter. From his own area, I am sure the Minister of State will be well familiar with the BAM project, an initiative that was introduced for financing school developments. It began in 2012 and was modelled largely on the UK's private finance initiative, PFI, which was begun in 1992 under John Major's Government and whose use was expanded significantly by the Blair Government. Just as the system in Ireland was being rolled out in 2012, it was rapidly falling out of favour in the UK. It was proving to be spectacularly successful as a device for providing schools and hospitals on the never-never, é sin ráite, le hualach mór úis lódáilte suas air agus gan a bheith ar na balance sheets. In 2018, the then Chancellor of the Exchequer in the UK, Philip Hammond, announced to the Parliament that he was giving the whole initiative the boot, while we were ag cur an córas sin faoi lánsheol, or running up the mainsail, on PPP, as we call it here.

As is widely known, communities and Governments here have been locked into the model for a quarter of a century, which, coincidentally, is the length of time it took the UK to tumble to the absolutely profligacy of the rules. In case the Minister of State is in any doubt, he should note that BAM has sold out the project to PGGM, a Dutch pension fund, so he can be confidently assured that its bottom line is truly its bottom line.In bundle three which is under consideration today, I want to instance Merlin College, located in Doughiska in Galway city, a school with a fine profile and very progressive outcomes, I am told. However, it needs a new disability classroom facility and was advised, through the board of management, of a ballpark estimate. It was, alas, informed by BAM that the extension could only be provided by BAM but at a figure that was roughly five times the estimate that was given independently to the board of management. My difficulty here is obvious. Why are our taxpayers being systematically ripped off in order to fatten Dutch pension funds with usurious dividends? In the last analysis, and most importantly, does that system do anything positive to speed up the delivery of the facility so badly needed in Coláiste Merlin? It is urgently sought and I would love to hear what the Minister of State thinks, in his heart of hearts.

Michael Healy-Rae (Kerry, Independent)
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This Government is fully committed to supporting children with special educational needs to fulfil their potential and the programme for Government makes a number of commitments to deliver on this objective. The National Council for Special Education, NCSE, has responsibility for co-ordinating and advising on the education provision for children with special educational needs. The NCSE gives consideration to information it holds at local level on the number of children seeking a special school place in a region. Where classes have been sanctioned based on local demand, a number of new measures were introduced this year to support schools to access capital funding for reconfiguration. This includes the automatic payment of €30,000 for each new class sanctioned requiring minor building works, the up to €70,000 that is available for small-scale repurposing, and the wider capital programme that can be accessed for larger projects.

Since 2020, the Department of Education and Youth has invested in excess of €6 billion in our schools throughout the country under the national development plan, NDP, involving the completion of more than 1,375 school building projects. Government support for this investment, including by way of supplementary capital funding, has delivered real benefits for school communities. A recent Government decision has approved €210 million in supplementary capital funding for the Department which brings the total capital allocation for the Department in 2025 to €1.6 billion. As part of the NDP review process, all Departments, including the Department of Education and Youth, are currently engaging with the Department of Public Expenditure, Infrastructure, Public Sector Reform and Digitalisation with respect to NDP allocations for the period 2026 to 2030. It is expected that there will be clarity on these allocations over the course of the summer period, and this will allow the Department to plan its capital investment programme for the 2026 to 2030 period in line with prioritised needs and reflecting, as appropriate, wider Government priorities.

Schools built under the public-private partnership, PPP model, which includes some Invesis -formerly BAM - schools, apply for special education accommodation through the same process as traditional schools. When the NCSE identifies a need for SEN accommodation, the school management applies to the Department for approval. The schools are licensed by way of agreement to a PPP company for the operation of the school. The proposed extension would be tendered and delivered, subject to departmental approval of costs, through the PPP company, in consultation with the school.

Joe Conway (Independent)
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Even though it is over 50 years old, I am sure the Minister of State is well aware of legislation that was enacted in 1972 called the Restrictive Practices Act. I draw particular attention to the Third Schedule, which reads:

Any measures, rules, agreements or acts, whether put into effect (or intended to be put into effect) by a person alone, in combination or agreement (express or implied) with others or through a merger, trust, cartel, monopoly or other means or device whatsoever, which—

[...] (d) unjustly enhance prices of goods or charges for services or promote unfairly at the expense of the public the advantage of suppliers or distributors of goods or of persons providing services.

I thank the Minister of State but, unfortunately, just restating the Government stance is not addressing the issue. The issue is that, as taxpayers and as a country, we are getting shockingly bad value from BAM and it is unlikely to change. The fact of the matter is that no latitude has been given to management and they have to suck it up. That is terrible for the Minister of State, for me and for the people who are paying the taxes.

Michael Healy-Rae (Kerry, Independent)
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The Department works closely with the NCSE on the forward planning of new special classes and additional special school places. The need for special education provision is identified with consideration to the statistical data and in regard to any area’s existing school provision and future capability. In addition, part of the process looks at how far students are travelling to access an education appropriate to their needs. This is an important factor that has been incorporated into the decision-making process. I also assure the Senator that the Department will continue to support the NCSE and schools to ensure that all children are successful in accessing an education.

On the wider aspect, everybody can see how genuine the Senator’s concerns are and how heartfelt his views and opinions are. I am sure every one of us will be thinking along the lines of what he has said and trying to take that into consideration.