Written Answers Nos. 160-169
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which her Department has been updated on the application for long-term residency-permission to remain in the case of a person (details supplied) in County Dublin, with particular reference to the relevant details, in respect of that person's file. [9788/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order that was effected on 30 August 2011. Proceedings seeking to quash that Order are ongoing before the High Court and I am unable to comment on matters that are the subject of litigation.
I can however confirm that INIS is not in receipt of a long term residency or permission to remain application on behalf of the person to whom the Deputy refers.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
161. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on reducing the bankruptcy period to one year; and if she will make a statement on the matter. [9849/15]
View answerI can advise the Deputy that I am considering the outcome of a review of the insolvency legislation, following the Statement of Government Priorities 2014-2016, with specific attention to ensuring that the legislation can work effectively to support those who are struggling with unsustainable debt. This is a priority for the me and for the Government.
I am currently engaging with my colleague the Minister for Finance on this matter, and I intend to bring proposals to Government to address the range of issues which arise. It is hoped that further announcements on proposals will be made in the near future.
162. Deputy Anne Ferris asked the Minister for Justice and Equality if she will commit to making a scheme available under her Department to assist Magdalen survivors in availing of complementary therapies. [9858/15]
View answerAs the Deputy will be aware the Redress for Women Resident in Certain Institutions Bill 2014, which is currently at Committee stage in the Seanad, makes special provision for free access to health services for women who were resident in Magdalen Laundries and similar institutions. The services being provided are precisely those recommended by Judge Quirke.
Judge Quirke made no comment, one way or another, on 'Complementary therapies'. Complementary and alternative medicine includes a group of diverse medical and healthcare systems, practices and products that are not generally considered part of conventional medicine, and they are not part of the routine system of provision in the public health system. In the absence of clear evidence on the efficacy or safety of these treatments, my colleague, the Minister for Health, has reservations about such therapies being provided and funded through the health service and, for that reason, they were not included in the Bill.
On a personal level, I am open to the benefits that may be brought to people by such 'complementary therapies'. For that reason, I have asked my officials to look at the question of providing some funding to the women concerned so that they may avail of such 'Complementary therapies'. This would be a separate scheme run on an administrative rather than a statutory basis.
As the Deputy will also be aware, the provision of medical services is just one of a wider package of supports for these women. The women also receive lump sum payments of between €11,500 and €100,000 depending on their length of stay in a relevant institution. So far, 506 women have received their lump sums payments at a cost of over €18.5m. The women also receive top up pension type payments from the Department of Social Protection.
163. Deputy Anne Ferris asked the Minister for Justice and Equality if she will confirm that the Assisted Decision-Making (Capacity) Bill 2013 will be enacted in 2015. [9862/15]
View answerThe Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this, or any other Bill. However, I can say that my Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible. My aim is that the Bill will be enacted this year.
164. Deputy Anne Ferris asked the Minister for Justice and Equality if she will commit to providing personal advocates to all Magdalen survivors who are deemed to lack capacity, whether they are living in institutional settings, in the care of the relevant religious orders or in the community. [9863/15]
View answerI can advise the Deputy that women who were in the Magdalen Laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
The Assisted Decision Making (Capacity) Bill 2014, which is awaiting Committee stage in the Dáil, will provide important new options for those women who have capacity issues. This Bill provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian which are well suited to look after the best interests of the women who were in Magdalen Laundries and have capacity issues.
My Department is looking at options with regard to the provision of advocacy and my officials are currently in discussion with the Citizens Information Board and will have further discussions with the Department of Social Protection on this issue. The advocacy services provided by the National Advocacy Service of the Citizens Information Board is provided for in the Citizen's Information Act 2007.
It is important to note that a personal advocate has very limited powers with regard to a person who lacks capacity. A personal advocate does not have power of attorney, to make decision or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Bill 2014 will be so important.
My officials are careful to ensure that applicants do have the necessary capacity to understand the scheme and sign the relevant legal documentation and they cross check with other Departments to establish if there are any issues. A medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. We have identified about 40 such women to date and are delaying payment until proper safeguards are in place.
165. Deputy Anne Ferris asked the Minister for Justice and Equality when the dedicated unit will be established; the number of officers who will be provided to assist survivors in understanding their entitlements; if the dedicated unit will provide personal advocacy services to women who are living in institutional settings or in the care of the relevant religious congregations; when the consultation process for the setting up of the unit will begin; and the way membership of the advisory body will be decided. [9864/15]
View answerThe Government is committed to implementing all of Judge Quirke's recommendations.
Judge Quirke recommended the establishment of a dedicated unit which would assist women getting their entitlements and advocating on their behalf. As the Deputy will be aware a Dedicated Unit was set up in my Department to process applications and to make lump sum payments. Officials in the Dedicated Unit also provide assistance and advice to the applicants on any aspect of the Scheme in a helpful and sensitive manner.
Priority has been given to processing applications, providing cash payments and other benefits to the women. To date, a decision has been made on 87% of the applications received and 506 women have been paid their lump sums at a cost of over €18.5m.
The women are also receiving top up pension type payments which are being paid by the Department of Social Protection. That Department also appointed dedicated contact people to whom the women can discuss their entitlement with in confidence.
With the cooperation of the Seanad I expect the Redress for Women who were in Certain Institutions Bill 2014 to be passed shortly which will provide the women with free access to medical services. There will also be a contact person in the HSE to whom the women can discuss their entitlements with.
My officials will be looking at how to develop the recommendation regarding the establishment of a dedicated unit and the provision of advocacy services now that the dedicated unit in my Department has almost completed its primary task of processing applications and paying out cash benefits.
166. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs the funding support available to a community organisation that is considering refurbishing part of a community-owned building to make it suitable to lease to a private provider of a child care service for the community; and if he will make a statement on the matter. [9631/15]
View answerConsiderable capital funding was made available to community and commercial mainstream childcare providers for the development and refurbishment of childcare facilities under the National Childcare Investment Programme (NCIP) 2006-2010, and previously under the Equal Opportunities Childcare Programme (EOCP). Because of the economic situation, a review of capital expenditure was undertaken in 2009 and following this a decision was taken not to approve any further capital grant applications under the NCIP programme.
There is currently no funding available to my Department to provide for developments such as that outlined by the Deputy.
167. Deputy Arthur Spring asked the Minister for Children and Youth Affairs if he will provide an update on the after-care Bill 2014 in respect of the further entitlement of young persons to State care when leaving residential State care. [9659/15]
View answerYoung people leaving the care of the State at 18 years of age are entitled to an aftercare service. Aftercare is the term used to describe the planning and support put in place to meet the needs of such young people to assist them in making the transition to independent living. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires. Aftercare is available to all those eligible irrespective of previous care placement, for example, foster care or residential care.
The Child Care Act 1991 provides that the core eligible age range for aftercare is from 18 years up to 21 years. This can be extended until the completion of a course of education and training in which a young person who has left care, or is leaving care, is engaged, up to the age of 23 years.
Section 45 of the Child Care Act 1991 provides that the Child and Family Agency may assist a child leaving its care if it is satisfied that the person has a “need for assistance”. The provisions have been interpreted and applied on the basis that young people who have had a care history with the Agency are entitled to an assessment of need, from which an aftercare plan may be prepared and an aftercare service may be offered (based on the assessed needs).
Current aftercare provision incorporates advice, guidance and practical (including accommodation and financial) support. Advocating on behalf of young people to support their development as fulfilled adults in their community and, when necessary, to link them to targeted adult services, are also crucial elements of an aftercare service.
Between 450 and 500 young people leave care annually upon turning 18. According to the Child and Family Agency, at the end of September, 2014 there were 1,698 young people aged 18 to 23 years (inclusive) in receipt of an aftercare service. Of those, 946 (56 %) were in full-time education.
As the Deputy is aware, it has been decided to strengthen the legislative provisions regarding aftercare. This is in response to concerns that there was insufficient focus in this area and that such planning was not taking place on a properly structured and consistent basis. The approach adopted is to impose a statutory duty on the Child and Family Agency to prepare an aftercare plan for an eligible child or eligible young person. The aim is to create an explicit, as opposed to implicit, statement of the Agency’s duty to satisfy itself as to the child’s or young person’s need for assistance by preparing a plan that identifies those needs for aftercare supports.
It is anticipated that the Aftercare Bill will be published in the early part of 2015.
168. Deputy Robert Troy asked the Minister for Children and Youth Affairs if he will provide an update on the ongoing negotiations over a bilateral agreement on inter-country adoption between Ireland and the Russian Federation; when an agreement will be finalised; and if he will make a statement on the matter. [9799/15]
View answerEfforts are ongoing in my Department in relation to a bilateral agreement on intercountry adoption between Ireland and the Russian Federation. Following a meeting with a delegation of Russian officials in October 2013 my Department prepared revised draft wording on a number of specific points, which was forwarded to the Russian Authorities in February 2014. In transmitting these revisions it was suggested that should these revisions be acceptable to the Russian Federation, it would be useful for both sides to meet again for further discussions. In April 2014 the Ministry of Education and Science advised the Irish Embassy in Moscow that all proposed adoption agreements were on hold while the Russian Government considered proposals in relation to how they deal with adoption agreements in general.
Further correspondence was received from the Russian authorities in October and December 2014. Consideration of these communications is currently taking place in my Department.
169. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs the cost of providing a second early childhood care and education year; and if he will make a statement on the matter. [9844/15]
View answerThe introduction of a second pre-school year under the Early Childhood Care and Education (ECCE) programme would require considerable additional funding, broadly in line with the cost of the current free pre-school provision, which is €175 million. This additional funding is not currently available to my Department.
In addition, all of the available evidence indicates that the quality of the pre-school provision is key to good outcomes for children. The Early Years Quality Agenda that is being progressed by my Department, and which involves a range of actions in key areas aimed at improving quality within early years services, is a key building block for any further extension of universal childcare provision.
Better Outcomes, Brighter Futures, the National Policy Framework for Children and Young People 2014-2020, recognises the value of early childhood care and education in supporting children's early cognitive, social and emotional development, and the Government is committed to the introduction of a second free pre-school year within the lifetime of the Framework once the required quality standards are achieved and subject to the availability of resources.
