We are here to consider the Domestic, Sexual and Gender-Based Violence Agency Bill 2023. I welcome the Minister, Deputy Helen McEntee, and her officials. We will now proceed with consideration of the Bill.
Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Committee Stage
Sections 1 to 13, inclusive, agreed to.
SECTION 14
Amendments Nos. 1, 4 and 6 are related and will be discussed together.
I move amendment No. 1:
In page 14, line 21, to delete “subsection (5)” and substitute “subsection (6)”.
This amendment is a technical one and serves to correct a cross reference. Amendment No. 4, also a technical amendment, removes an unnecessary word and brings it in line with precedent in terms of the Statute Book. Amendment No. 6, the final technical amendment, is to correct an omission in the consequential amendments in the Bill as originally presented. Section 44 amends the Child and Family Agency Act 2013 to provide for the Minister for Children, Equality, Disability, Integration and Youth to consult with the Minister for Justice in addition to, as currently provided, the Minister for Health and the Minister for Education, before developing a performance framework for the Child and Family Agency. This amendment seeks to provide for similar consultation with the Minister for Justice in the context of the preparation of the annual report of the Child and Family Agency. This was inadvertently omitted in the Bill and the proposed amendment has been agreed with my colleague, the Minister for Children, Equality, Disability, Integration and Youth, Deputy Roderic O'Gorman. I hope the Deputies can agree to these amendments.
Amendment agreed to.
Section 14, as amended, agreed to.
Sections 15 to 20, inclusive, agreed to.
SECTION 21
Amendments Nos. 2 and 3 are related and will be discussed together.
I move amendment No. 2:
In page 18, lines 16 and 17, to delete all words from and including “(1) The” in line 16 down to and including line 17 and substitute the following:
“(1) The Minister may, following consultation with the chief executive, appoint such and so many officers of the Minister as he or she may determine, to be members of staff of the Agency.”.
This amendment is essentially to install the phrase "following consultation with the chief executive". It can be clearly seen on page 18 of the Bill that the text states: "The Minister may appoint such and so many of his or her officers as he or she may determine to be members of staff of the Agency". All we are asking is that the Minister of the day would consult with the chief executive before making such appointments. The final power would still rest with the Minister, but it would be appropriate to have in legislation that the chief executive would at least be consulted before such appointments would be made. This is an amendment that has been sought by people who work in this area and who feel that it would improve the Bill.
We are singing from the same hymn sheet here. I can withdraw my amendment No. 3 in favour of Deputy Ó Ríordáin's. Concern has been expressed by NGOs which want the agency to have more autonomy. We need more accountability. The Minister being directly responsible is not necessarily a negative thing, but there is a balance to be struck. I will withdraw my amendment and support that of Deputy Ó Ríordáin.
Would the Minister like to respond?
Yes. I thank both Deputies for raising this point. These amendments both seek to amend section 21 of the Bill to create a statutory obligation on the Minister to consult with the chief executive of the agency when appointing staff to it. Section 21(1) replicates the arrangements already in place for providing staff to several other bodies under the aegis of my Department. These include statutory bodies like the Parole Board and the Office of the Inspector of Prisons. Equally, non-statutory bodies, like Forensic Science Ireland and the Probation Service, already have a system and a structure in place.
In practice, there is ongoing engagement and consultation between my Department and these bodies and their chairpersons regarding the provision of their staff, including specialist staff. The same will apply to this agency. These arrangements have worked effectively in those other bodies without the need for any statutory underpinning of the type specified in the proposed amendments. Moreover, once the chief executive is in situ, he or she, in line with standard practice, will have a significant role. When I say the chief executives are already included, I mean that they are part of approving selection criteria and job specifications and also participate in short-listing and interview boards in the process of selecting key personnel.
This includes senior and specialist staff. Any such recruitment would be in line with the code of practice for appointment to civil and public service. I understand and appreciate the intent of the amendments but I believe they are unnecessary. I am pleased to say the competition for the position of CEO has closed and we have had a large amount of interest. A candidate information booklet issued by the Public Appointments Service outlines that the role includes building and developing the management team and staff of the agency, advancing employee engagement and developing a highly performing managerial team. The remit also includes working to ensure the agency is staffed and equipped in a suitable premises. There is precedent. There is a very clear handbook. There is direction in the Public Appointments Service booklet. There is also very good existing practice with statutory and non-statutory agencies working with the Department.
It still needs to be in the Bill. I am happy to withdraw the amendment and ask the Minister to reflect on it prior to Report Stage. It would give an awful lot more comfort to NGOs and others working in the area if it were stitched into legislation that the CEO had a consultative role with the Minister on appointments to the agency. I accept the Minister will not accept the amendment. I will withdraw it on the basis we can resubmit it on Report Stage. I ask the Minister to reflect on it in due course.
It is noted the Deputy may resubmit it on Report Stage.
Amendment, by leave, withdrawn.
I move amendment No. 3:
In page 18, line 16, after "may" where it firstly occurs to insert ", in consultation with the chief executive,".
Amendment, by leave, withdrawn.
Section 21 agreed to.
Sections 22 to 28 agreed to.
SECTION 29
I move amendment No. 4:
In page 22, line 2, to delete "the" where it secondly occurs.
Amendment agreed to.
Section 29, as amended, agreed to.
Sections 30 to 40, inclusive, agreed to.
SECTION 41
I move amendment No. 5:
5. In page 31, line 12, after "subsection (1)" to insert the following:
"unless it is of the view that such information requested may contain personal or identifying information of a victim/survivor, in which case they may refuse to comply with this request and request a review process be instigated".
I have had discussions with some of the NGOs which have said that clear and explicit language on the protection of the personal data of domestic, sexual and gender-based violence victims needs to be used. While it is provided for under data protection legislation this aspect of a trauma-informed response is important enough to warrant the inclusion of specific language. This is why we have asked that the wording in the amendment be inserted. It stresses the importance of the section.
It is vital that we ensure the highest level of protection for victims and that no information is shared where it should not be. I appreciate the overall intention of the amendment. To clarify, for the avoidance of doubt, the agency is not intended to have a role in seeking the personal information or data of victims of survivors. Neither section 41 nor any other provision of the Bill allows for the seeking of personal data or information in the agency's intended ability to carry out such activities. It would have to be stated in the Bill that it was intended to access personal data if this were the case. Even with this, it would have to comply with GDPR. We do not state this in the Bill. It is not the intention of the particular section. Given the concerns that have been raised I am happy to review it further. I cannot support the proposed amendment today but I am happy to review it and make doubly sure that no provision in the Bill would allow personal information to be requested, misused or put to the Minister or anybody else in a manner that it should not be. It will always have to comply with GDPR.
On that basis, I will withdraw the amendment.
I will make absolutely sure and will engage with Deputy Daly on it.
Amendment, by leave, withdrawn.
Section 41 agreed to.
Sections 42 and 43 agreed to.
SECTION 44
I move amendment No 6:
In page 32, between lines 19 and 20, to insert the following:
"(b) in section 13(2)(f)(ii), by the substitution of ", the Minister for Education and the Minister for Justice" for "and the Minister for Education",".
Amendment agreed to.
Section 44, as amended, agreed to.
Section 45 agreed to.
Title agreed to.
Bill reported with amendments.
I thank Deputies for their co-operation and support for the legislation on all Stages, including today. It is clear there is great support for the development of the agency. The objective of the agency is to support and work with victims of domestic, sexual and gender-based violence. I acknowledge the points raised today and I am happy to engage to make sure any concerns that Deputies and NGOs have can be addressed and clarified.
I thank the Minister and the officials for attending the meeting. I also thank committee members for their attendance and participation.
I also thank the officials who did a large amount of work in a short space of time and I acknowledge this.