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Joint Committee on Public Petitions and the Ombudsmen debate -
Thursday, 25 Jan 2024

Decisions on Public Petitions Received

We have ten petitions for consideration today. The first is No. P00042/21, from Ms Joanna Curtis, which is about saving the services at the Owenacurra centre in Midleton, County Cork. The clerk received an email from the petitioner thanking the committee for all of its support, seeking advice on how to close the petition given that the Owenacurra centre is going to be rebuilt. Two homes are being offered in Midleton for independent living for those residents who still need to be housed. The email states:

I hope you had a lovely Christmas and a terrific start to 2024 with lasting memories. I need advice, please, in how to close my petition and thank the Petitions Committee for all their support, such kindness whenever I've visited the Dáil and a lasting belief that I was a private citizen with an opportunity to have my issue debated. Everyone was exceptionally good to me.

The Owenacurra is going to be rebuilt and two homes are being offered in Midleton for independent living for those residents who still need to be housed in the community. Our councillor, Liam Quaide, must take credit for all his determination to tackle the decision of the HSE and Neasa Hourigan worked tirelessly too. Pat [Buckley, I wonder?] is a hero of mine! I was so grateful to Tess O'Donovan for being willing to meet me last year, though we had to postpone our arrangements for December.

I shall miss my visits, I have great memories of chats with the cathaoirleach and I did enjoy our emails and meeting you in the session and I'm grateful for all your reassurance!

Thank you so very much for everything.

All the very best,

Joanna.

The recommendation is that this petition be closed in line with the petitioner's request. We thank the petitioner for not only engaging but also for being happy with the petitions process.

On my own behalf, it is very nice to get a reply, to get something over the line and to know that the petitioners themselves are happy with the treatment they got from the clerks and the staff here.

Bualadh bos to all of them. Does Deputy Buckley want to say anything?

It is unusual to be getting the thanks and it is unusual to speaking briefly about the Owenacurra centre. To everybody here who has worked on petitions committee, those who are here now and have worked on it previously, I want to say a heartfelt thanks, as well as to everybody out there, Joe Public, the media and everybody else. I am not going to name names because I will leave somebody out. The beauty of this - and this is what makes me so proud of being part of the petitions committee, and I said it a long time ago here - is that it is lastchance.com for people to have their voices heard and to raise genuine concerns. Sometimes there could be a lot of toing and froing, dialogue and arguments. However, at the end of the day, when one has concerned citizens trying to do the right thing for those who are less fortunate than others and protecting local services, it is a testament to everybody. I also want to thank the HSE; I acknowledge we might not have always got on well together.

At the end of the day, it is going from a 22-bed unit down to a ten-bed facility. The planning application has been lodged with Cork County Council and I hope it looks favourably on it. I have always said that our job is probably one of the toughest jobs in the world but the greatest reward one can get in life is thanks. I thank everybody who has been involved in that and I mean that from my heart. We will see more successes within this committee and that it is what we will try to do all the time. I thank the Chair. Could he read that second last line again?

I could not; it broke my heart to read it twice this week.

Petition No. P00009/23, on reform of the Irish mental health services, is from Mr. Eoin O'Sullivan. This petition has three parts. First, that without delay counselling, psychotherapy and psychological services are deemed an eligible expense for tax relief in line with other health expenses, thereby reducing costs and giving more people the chance of benefiting from those services. Second, that the opening of the register for counsellors and psychotherapists be completed with the urgency it deserves in order that clients can have confidence in the service provided. At the moment, anyone can call themselves a counsellor or a psychotherapist, and there is no standardisation of qualifications across the different accrediting bodies. Third that counselling and psychotherapy services become VAT-exempt. While mental health services are recognised as essential services they are also liable to a VAT levy of 13%. Taking care of our mental health is as essential as taking care of our physical health.

The petitioner was invited to and appeared before the committee on 28 September 2023 to discuss his petition. Correspondence to support the petition was received from the Irish Council for Psychotherapy and the Irish Association of Counselling and Psychotherapy. The petition was last considered on 30 November 2023, with the following recommendations: that the correspondence from the Department of Finance be forwarded to the petitioner for comment within 14 days; that CORU be written to with regard to both petitions, namely, No. P00009/23 on the reform of Irish mental health services and No. P00026/23 on counselling and psychotherapy, and asked for an update on the opening of the register; and that the committee invite CORU to a meeting, as petition No. P00009/23 relates to the same issue with CORU and counselling and psychotherapy. The secretariat received responses from CORU and the petitioner. The recommendations are that correspondence from CORU be forwarded to the petitioner for comment within 14 days, and that the petitioner's response be forwarded to the Department of Finance for comment within 14 days. Is that agreed? Agreed.

Petition No. P00012/23 is on justice and safety, and is from Mr. C. J. Gaffney. This petition relates to a request from the petitioner for the Government to compensate him out of the European Maritime Fisheries and Agriculture Fund, EMFAF, which the petitioner states was offered at a meeting in Brussels and was confirmed by the documents and by a radio interview supplied to the committee by Irish MEPs and senior EU officials. Considering "the unique and unprecedented circumstances in the case", the petitioner is also asking for "an official and impartial investigation in all aspects of the case on how such a dangerous vessel was certified as passing all suitability criteria, and continuously issued with valid sailing certification". The petitioner further states that the vessel was "accepted onto the Irish Register and issued with an Irish Fishing Licence, and as such, what was the role of the Irish Marine Survey Office in handling this case". The petitioner has also offered to provide numerous independent surveys, reports and professional opinions to make this a very quick and easy report to compile which, on the grounds of health and safety, he feels will have a major impact on saving fishermen's lives across the whole EU. The recommendations are that correspondence from the Department of Transport be forwarded to the petitioner for comment within 14 days, or go for option 2 from the EU petitions committee above, and advise the petitioner to submit the position himself via the PETI portal. The committee here would also like to thank the European Ombudsman for her assistance in this matter. Have members anything to raise on that or is that agreed?

That is agreed, Chair. I note there is a lot of correspondence there with the European Ombudsman.

Yes, there is a lot of stuff between the Department here, the secretariat and the European Ombudsman on that.

Next is petition No. P00026/23 regarding equal opportunities for HSE counselling positions, from Ms Áine Daly. This petition relates to the exclusion of the National Association for Professional Counselling and Psychotherapy members from the eligibility criteria for counselling positions within the HSE. The NAPCP is one of several independent regulatory bodies for counselling and psychotherapy in Ireland. The NAPCP comprises members at every level of the counselling profession, including student, pre-accredited, accredited and supervisor. Despite robust accreditation requirements comparable with those of other regulatory bodies, including level 7 qualification and 450 hours' clinical practice, the NAPCP is currently excluded from consideration for counselling positions with the HSE. This continues despite overwhelming evidence that Ireland is facing a mental health crisis as those in need remain on extensive waiting lists for vital supports. The NAPCP is calling on our elected representatives to lobby the HSE, calling on them to give full consideration to NAPCP members, thus drawing from a wider pool of highly-skilled and qualified mental health professionals.

The case manager corresponded with the HSE. In its reply, the HSE stated CORU is Ireland's multi-profession health regulator, whose role is to protect the public by promoting high standards of professional conduct, education, training and competence through statutory registration of health and social care professionals. The HSE also stated that clinicians registered with the National Association for Professional Counselling and Psychotherapy are not typically employed by the HSE or eligible for roles in HSE mental health services. Individuals employed by the HSE in services for people experiencing mental health problems tend to come from disciplines that have statutory recognition and regulation or are in the process of achieving it. The HSE response concluded by advising that it may be productive for the NAPCP executive to engage with the counselling and psychotherapy registration board of CORU, if this is not already occurring.

This petition was further considered on 30 November 2023 with the following recommendations: that the committee should write to CORU regarding both petitions, namely, Nos. P00009/23 and P00026/23, and seek an update on the opening of the register; and that the committee invite CORU to a meeting, as petition No. P00009/23 relates to the same issue with CORU and counselling and psychotherapy. The secretariat received a detailed response from CORU. The recommendation is that the correspondence from CORU be forwarded to the petitioner for comment with 14 days. Do members wish to discuss this, or is that agreed? Agreed.

Petition No. P00043/23 is a request for a meeting on a bilateral agreement between the Department of Foreign Affairs and Egyptian Government officials regarding child abduction. The petitioner is Ms Mandy Kelly. This petition is a request by an Irish mother to have a meeting between the Department of Foreign Affairs officials and Egyptian ministry officials regarding a proposed bilateral agreement on child abduction cases. The updated information on 19 January 2024 is that the Department of Justice has still not responded to the correspondence issued from this committee despite repeated reminders. The initial correspondence was issued on 15 November 2023, with reminders on 5 December 2023, 19 December 2023, and 19 January 2024. The recommendation is for a further reminder to the Department of Justice to respond urgently to the petitioner's concerns. Is that agreed? Agreed.

Petition No. P00044/23 proposes to close borders for refugees and asylum seekers and to deport all illegal, unvetted and undocumented migrants. The petitioner is Mr. Frank Conway.

The petition states that Ireland has witnessed unprecedented levels of growth in immigration, resulting in its population growing exponentially and consisting of over 20% non-nationals, and that much of this growth is due to recent open border policies of the State and the decision to accept large numbers of immigrants who are claiming asylum and-or refugee status. It also states that, as a member of the EU, Ireland finds itself in a unique position, along with Demark. It highlights that according to the Treaty of Amsterdam of 1997 and the Treaty of Lisbon of 2008, Ireland has an opt-out from legislation adopted in the area of freedom, security and justice where it does not have any obligation to take in refugees and asylum seekers. The petition states that the Government of Fianna Fáil, Fine Gael and the Green Party has failed the people of Ireland by not adhering to the unique position negotiated by Ireland and voted by the Irish in a referendum. It also states that the current Government has acted in a disingenuous way by ignoring the will of the Irish people and refusing to exercise Ireland's right to opt out on the matters outlined above. It further states that according to the Dublin III Regulation, the first member state where fingerprints are stored or an asylum claim lodged is responsible for a person's asylum claim. It points out that many applications for international protection occur in another Dublin country before journeying to Ireland. It indicates that it has been reported that our Government is flying asylum seekers into the country and that Ireland must close its borders, maintain its opt-out position, deport fake refugees and undocumented, unvetted asylum seekers.

The secretariat wrote to the Department of Justice and received a response which states that Ireland has and continues to benefit significantly from immigration and that immigrants have contributed to our economic expansion, filled critical skills gaps and diversified and enhanced our culture, which is becoming increasingly globalised, as is the case in most developed nations around the world. It also states that the Government recognises the value and importance of immigration, is committed to ensuring that Ireland is an attractive place to live, work and study and is also committed to upholding the integrity of our immigration systems. The response indicates that these are the processes under which people from outside the EU come to live in Ireland.

The response goes on to state that Ireland is a signatory to 1951 United Nations refugee convention and participates in relevant provisions of the common European asylum system, including 2004 qualifications directive, the 2004 common procedures directive, the Dublin III Regulation, the EUORDAC regulation and reception conditions directive. It further states that EU member states have a shared responsibility towards those seeking protection and work together to ensure protection applicants are examined robustly and fairly, and following uniform standards across the EU.

The fourth part of the response indicates that the migration and asylum pact is a set of regulations and policies that aim to create a fairer, efficient and more sustainable migration and asylum process for the European Union. It highlights that the pact is designed to manage and normalise migration for the long term, providing certainty, clarity and decent conditions for people arriving in the EU. It also indicates that the pact seeks to establish a common approach to migration and asylum that is based on solidarity, responsibility and respect for human rights and includes reform of the common European asylum system and measures on legal migration, integration, combatting migrant smuggling, returns policy and the external dimension of migration - co-operation and partnerships with third countries.

The Department indicates that it is actively examining all these EU migration and asylum pact proposals in order to identify how best Ireland might implement these measures should the Government decide to opt-in. It states that the Government will continue to build efficient and effective migration pathways for the essential workers Ireland needs to support its society and economy as well as maintaining robust border controls at our ports and airports to ensure those arriving are legally entitled to enter Ireland. It also states that the Government recognises the importance of supporting the maintenance, development and promotion of an inclusive, cohesive Ireland, where the humanity and dignity of all persons is recognised.

The recommendation is that the correspondence from the Department of Justice be forwarded to the petitioner for comment within 14 days. Is that agreed? Agreed.

P00045/23 is entitled "Accept our cash". The petitioner is Mr Peter Donohoe. The petition states that more and more businesses and organisations in Ireland are implementing a policy of card and contactless payments only for financial transactions. It indicates that this policy cannot be accepted in Ireland because it discriminates against many cohorts and sections of society that, when it comes to paying for a service or product, use cash instead of contactless payment methods. The petition further states that people discriminated against due to this policy include many of our elderly, the homeless, intellectually disabled individuals, recent immigrants and those who, for their own personal and private reasons, might not have bank accounts, credit cards or smart phones. The petition points out that while card and contactless payment systems have many benefits for businesses and customers and should continue to be used, cash must always be accepted as legal tender as well. It indicates that a payment policy that involves discrimination against any group or individual cannot be tolerated. It is stated that the people who have signed this petition demand that the Government implement legislation which will make it illegal for any business or organisation to refuse cash where any financial transaction is to take place. Those people demand that such legislation, which will put an end to the discrimination outlined by them, be introduced immediately and that discrimination of any nature can never be tolerated in our country.

The secretariat wrote to and received responses from the Department of Finance and the Central Bank of Ireland. The recommendation is that the correspondence from both be forwarded to the petitioner for comment within 14 days. To be fair, the Government is talking about legislation that will address the issues this petitioner has raised. We will send the correspondence to the petitioner and await a reply.

As I have stated previously, this is not a political committee. It gives credit where credit is due. I read recently about the roll-out of oral contraception, whether it is at a supermarket, a sweet shop, a chemist, a pharmacy or wherever. There is a stipulation that it can only be paid for with cash. I know this is very unusual, but it is a good step. At the moment, as soon as a Ryanair flight leaves the ground, transactions are cashless and people are restricted. This is a bad development. A €50 note in five transactions will still end up as a €50 note, whereas a €50 payment with a card will be worth an extra €7.50 by the time it gets to the fifth transaction. People should be aware that cash is king.

As I said, steps are being taken to afford protections in this area. We will wait for the petitioner to come back to us.

P00046/23 is on reducing the age of candidacy for all elections to 18 years of age. The petition is from Mr. Cillian Fraher. It states that in order to create a more diverse and inclusive but well-represented society, it would be in order to have discussions on the matter of reducing the age of candidacy for all elections in Ireland to 18. It also states that if someone can vote at this age and be represented, why can they not be a public representative, be it for their own age group or for whatever ideas they stand for. It further states that some of the most politically active and mature people are in this age group and should have the right to represent their ideas and members of their age cohort.

The petitioner indicates his belief that the petition will get more young people interested and involved in politics, especially if they see their peers running for election. He states that those involved with the petition are young people aged 16 or 17 and that this is an issue they feel strongly in favour of. He further states that although it may be a tough process, they are willing to stick it out.

The secretariat wrote to the Department of Housing, Local Government and Heritage and received a response indicating that, changes to the minimum age requirement for candidates in Dáil, Seanad and presidential elections would require a constitutional change. The response also indicates that the Programme for Government: Our Shared Future contains no commitments for proposed reform in this area, nor does it propose lowering the minimum age requirement of candidates for European Parliament elections, which is consistent with Dáil and Seanad elections.

The Department's response indicates that Bunreacht na hÉireann sets out minimum age requirements in relation to eligibility for membership of Dáil Éireann, Seanad Éireann and for holding the office of President of Ireland. It also indicates that Article 16 of the Constitution states that a citizen must have reached the age of 21 in order to be a TD and that Article 18 states that a person to be eligible for membership of Seanad Éireann must be eligible to become a member of Dáil Éireann. It points out that Article 4 of the Constitution sets us that every citizen who has reached 35 years of age is eligible for election to the office of President and that a proposal to amend Article 4 in order to reduce the age of eligibility from 35 years to 21 years was rejected by the people in a referendum in 2015.

The response also states that for European Parliament elections, section 11(1) of the European Parliament Elections Act 1997, states that every person who has reached the age of 21 on polling day is eligible for election to be a representative in the European Parliament. It highlights that his provision ensures consistency with the minimum age requirements for candidates in Dáil and Seanad elections.

It also highlights that the European electoral Act of 1976 allows EU member states to set minimum age requirements for candidates in European Parliament elections. The Department points out that the minimum age varies among member states, ranging from 18 to 25. It further points out that in May 2022, the European Parliament proposed a uniform age of 18 for European Parliament elections through a proposed Council regulation, with no exceptions and that this egulation will need the unanimous approval of the Council and of all member states in line with their constitutional requirements. However, European Parliament elections in 2024 will be governed by the existing rules.

On age requirements for candidates in local elections, section 12 of the Local Government Act 2001 sets out that a person is eligible for election or co-option to and membership of a local authority if they are 18 years of age on or before polling day or, if there is no poll, the latest day for receiving nominations at the election or on or before the day of co-option to the local authority. The Department concluded by saying there are no plans at present to revisit the minimum age requirement for candidates in different types of elections.

The recommendation is a correspondence from the Department of Housing, Local Government and Heritage be forwarded to the petitioner for comment within 14 days. Do members wish to express a view or is that agreed?

Petition No. P00048/23, stop the eviction of Doon men's shed, from Mr. Tom Richardson. A convent in Doon that was publicly funded closed in 2016. In 2018, Doon men's shed started in a space from the nuns at a nominal rate. Ballyhoura Rural Services took over trusteeship for free two years later. It was to continue the nuns' charitable work under the auspices of the Charities Regulator. It paid nothing for the property but seems to believe the nuns gave it something more like a freehold. It is not local and has not consulted with the community on any of the ideas. Now it has issued an eviction order to the only established not for profit using any of the 35,000 sq. ft. If it gets no funding, there will be 35,000 sq. ft of useless space, instead of over 33,000 sq. ft as it is. The space could be empty forever. The Ballyhoura group denies the building can be sectioned off and reckon having these retired men in proximity to vulnerable users is intractable. It regrets the nuns ever gave the men's shed any space at nominal rates, even though men sheds are the closest match to its own online stated objects, such as dealing with rural isolation. If that was the real object, the men's shed could be a flagship project. The Ballyhoura Rural Services made one verbal suggestion. It stated it would not have any money for one year at minimum so would give the shed a one-year lease, confirmed as non-renewable. This is a guillotine clause, and turkeys do not vote to keep Christmas.

The secretariat wrote and received a response from the Department of Rural and Community Development, which concluded by stating:

The Department of Rural and Community Development (DRCD) has no role in relation to operational matters of any individual Men’s Shed, nor in relation to any lease agreements or related issues between two parties. Furthermore, while DRCD has provided one-off funding under various schemes in recent years, there is no ongoing funding relationship or commitment between this Department and any individual men’s shed or parent body.

The recommendation is that the correspondence from the Department be forwarded to the petitioners for comment within 14 days. Do members wish to have a say or is that agreed? Agreed.

Petition No. P00049/23, extra time to be introduced as a reasonable accommodation for dyslexic students in State examinations - junior cycle and leaving certificate. It is from Rosie Bissett from the Dyslexia Association of Ireland. This petition concerns dyslexic students, who face significant challenges with extended reading and writing and often run out of time in formal exams, which leaves them unable to demonstrate their full understanding of the topics being assessed. Extra time in exams will help to overcome this disadvantage and level the playing field in line with international best practice. The provision of extra time would address need not currently accommodated, including a spelling and grammar waiver.

The secretariat wrote to the Department of Education and received a response that included input from the State Examination Commission, SEC. The recommendation is that the correspondence from the Department be forwarded to the petitioner for comment within 14 days. Do members wish to give a view?

What correspondence did we get?

The correspondence indicated that the SEC is responsible for the operation, delivery and development of State examinations and for the scheme of reasonable accommodations at certificate examinations, RACE. It stated that set out in an attached appendix was detailed information by the SEC about the extensive range of supports available for students with special educational needs who are accessing the State certificate examinations, which may be of assistance in understanding the scope and scale of the RACE scheme. Information about how additional time applies in the examinations, about supports provided in lieu of additional time and about the review of the current RACE scheme was also provided.

There are 4 pages of background information. Will we go through it or will we forward it to the Senator?

Forward it to me.

We will do so.

I will go through the first part, concerning background information on the RACE scheme. It indicates that the SAC is responsible for the operation, delivery and development of the State examinations scheme of reasonable accommodation run by SEC facilitates access by candidates who would have difficulty accessing the examinations or communicating what they know to an examiner because of learning difficulties, vision impairments, being deaf and hard of hearing, or due to other difficulties including physical, medical, sensory, emotional, behavioural and other conditions. It further states the focus of the scheme is on removing barriers to access while retaining the need to assess the same underlying skills and competencies as are assessed for all other candidates and to apply the same standards of achievement as apply to all other candidates. It states that a central tenet of the RACE scheme is to ensure equitable treatment for all candidates and the range of accommodations provided within the scheme has been designed to ensure fairness for all when facilitating candidates in demonstrating their level of achievement. Finally, it states that eligibility criteria apply to the various types of accommodation which can be approved under the scheme.

Where do we go forward with this? Are we sending it back to the Dyslexic Association of Ireland? What is the proposal?

The reply has gone to the association for it to come back to us.

When is the format for us then? Do we assess the reply and try to move it forward?

We try to move it forward. It is looking for something very-----

This is international best practice. Dyslexic kids need time to compute and read. There was an interesting presentation by representatives of the Dyslexic Association of Ireland in the audiovisual room three months ago, which the Chairperson attended. They outlined their primary goal in the next few months is to see can the examination board change its view regarding how dyslexic kids are looked at. It is important to invite the Dyslexic Association of Ireland in at some stage to outline in detail what it is all about and then look at the examination board because there are significant questions to be asked about how it is looking at this issue. How students can get extra time at third level but cannot get extra time to do their leaving or junior certificate is an anomaly I do not understand. International best practice in Scotland, the UK and on the Continent seems to be to give extra time for dyslexic students. There is only one outlier and that is the Department. I hope we can correspond with the Dyslexic Association of Ireland and get its representatives before us if possible.

Perhaps we could then start talks about why we are an outlier in respect of this issue.

Nobody would disagree with Senator Lombard. The correspondence has gone out. We should receive a reply in the next couple of days. If we bring the association before us over the next month or five weeks and get that what we need from it, we can then go to the Department and the examination board and try to have changes made this year, if possible. If not, then we will try to have them made as soon as possible.

Ten per cent of the population is dyslexic. This is very much an issue.

If the Senator is happy with that, as soon as we get correspondence back from the association, we will bring its representatives in for discussions. They can outline exactly what the association requires from us in the context of going to the examination board or the Department.

I agree with Senator Lombard. A commonsense approach does not appear to have been adopted here. We need to ask questions. Most people would think that doing the right thing is simple. It could possibly be done under statutory obligation. Sometimes they can do that and make changes. It should be interesting. I will give the Senator 100% support in that regard. Any opportunity we can give people to try to progress something and give them a chance has to be afforded.

Yes, that is right, statutory obligation. That is end of our petitions. Is there any other business? Would any member like to make any final comments?

I wish to thank the secretariat, as usual.

On behalf of the committee, we welcome Martha and Ciaran. As stated earlier, it is a situation where we have had feedback from the public that they were happy and thanking the committee for dealing with their petitions and getting results. That comes down to the amount of work that Leo, Karen, Barbara, Alex, Donal, Clare and Pat do. People come and go. I extend a massive thank you on behalf of the members to the staff for the amount of work that goes on kind of scenes that people do not see. It is welcome when get correspondence back to say that people are happy. For example, there was a response from Terence Coskeran, whose situation had gone on for 15 years until his case came before the committee here and it really moved on from there. On behalf of all the members, I express our thanks to all the staff and everybody who is involved with the committee.

The joint committee adjourned at 3.53 p.m. until 11 a.m. on Wednesday, 7 February 2024.
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