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Tuesday, 16 Jan 2018

Written Answers Nos. 1510-1531

Freedom of Information Requests

Questions (1510)

James Browne

Question:

1510. Deputy James Browne asked the Minister for Children and Youth Affairs the reason for a delay of more than two years with a freedom of information application lodged by a person (details supplied) in County Wexford; and if she will make a statement on the matter. [1705/18]

View answer

Written answers

My Department has not received the Freedom of Information request to which the Deputy refers.

Child and Family Agency

Questions (1511)

James Browne

Question:

1511. Deputy James Browne asked the Minister for Children and Youth Affairs the position of Tusla regarding the need to address concerns and provide therapy for a person’s (details supplied) child; and if she will make a statement on the matter. [1706/18]

View answer

Written answers

While it is not appropriate for me to comment on individual cases, I am advised by Tusla that no current welfare concerns exist for the individual's child at this time. The Principal Social Worker has responded to the concerns raised, and the local social work team will make further contact with the child’s mother to address her concerns and offer any assistance required.

Departmental Staff Data

Questions (1512)

Margaret Murphy O'Mahony

Question:

1512. Deputy Margaret Murphy O'Mahony asked the Minister for Children and Youth Affairs the proportion of employees in her Department or in organisations under its remit registered disabled. [1851/18]

View answer

Written answers

Part 5 of the Disability Act 2005 sets out the legal obligations of public service bodies to meet a target of 3% of employees with disabilities. Under the Act, the National Disability Authority (NDA) has the statutory role to report, on an annual basis, on compliance with the 3% target. 

The Disability Act 2005 defines disability as follows:

“Disability, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment.”

In order to report on this target my Department asks every employee, whether or not they have any disability, to complete a census form and return it, in confidence, to the nominated person in the HR Unit. 

Based on these returns, my Department reported a total of 6.32% of staff who had declared a disability as at 31 December 2016.

My  Department acts as the monitoring committee for the collection of this data from the agencies under its remit. For the end of December 2016, the agencies reported the following:

Agencies 

% of employees with disabilities

Child and Family Agency (TUSLA) 

0.7%

Oberstown Children Detention Campus 

5.99%

Adoption Authority of Ireland 

12.5%

As an independent body, the Ombudsman for Children's  Office reports directly to the Department of Expenditure and Reform with their statistical return on employees with a disability. I have asked that office to furnish the information requested directly to the Deputy.

Child and Family Agency

Questions (1513)

Catherine Murphy

Question:

1513. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if her attention has been drawn to correspondence (details supplied) circulated to Members of Dáil Éireann; her plans to deal with this issue; and if she will make a statement on the matter. [1935/18]

View answer

Written answers

I am aware of the correspondence referred to by the Deputy. I intend to ask Tusla, the Child and Family Agency, to look into the matter and provide a response to the issues raised in the correspondence.

Homeless Persons Supports

Questions (1514)

Alan Kelly

Question:

1514. Deputy Alan Kelly asked the Minister for Children and Youth Affairs if funding is available for transport for homeless families who have children attending school (details supplied); and if not, the reason therefor. [1936/18]

View answer

Written answers

As the Deputy is aware, the Department of Housing, Planning and Local Government is funding an initiative (arising from Rebuilding Ireland, the Action Plan for Housing and Homelessness) to provide homeless families, residing in hotel accommodation and family hubs in the Dublin Region, with access to free public transport for essential school journeys.   The Dublin Region Homeless Executive is overseeing the implementation of this initiative and, working in partnership the National Transport Authority, has been distributing such leap cards those homeless families with school-going children residing in hotel accommodation and family hubs in the Dublin Region. 

The Department of Housing, Planning and Local Government funded initiative is only available in Dublin.  Outside of Dublin, homeless households that have additional transport costs arising as a result of residing in emergency accommodation can make inquiries with the Department of Employment Affairs and Social Protection’s Community Welfare Service.  The Community Welfare Service will consider meeting the cost of such needs on a case-by-case basis under the scheme for Exceptional Needs Payments.

Childcare Services Funding

Questions (1515)

Niamh Smyth

Question:

1515. Deputy Niamh Smyth asked the Minister for Children and Youth Affairs her views on a motion (details supplied) by Monaghan County Council for increased funding to the child care sector; and if she will make a statement on the matter. [1997/18]

View answer

Written answers

My Department invests significant resources in the Early Years sector. In the last three Budgets (2016, 2017 and 2018) investment in Early Years sector has increased by some 87% which reflect the emphasis being placed on developing a quality service with appropriately supported staff. This has helped to address affordability, access and quality, although it is recognised that there is more to be done. The announcement under Budget 2018 to increase ECCE capitation rates by 7% is intended to support the workforce.

My Department secured €18 million in Programme Support Payments (formerly known as 'non-contact time') for Early Years providers to assist with the administration and programme costs associated with the various childcare schemes. The first payment - some €14.5 million in total - was made available in June 2017 to Early years providers to cover all schemes and represented a payment for an additional 7 days' work. The majority of services have now been paid an average of over €2,000 under this  Programme Support Payment. The second payment - some €3.5 million in total - was made available to all Early Years services who signed up to deliver measures to make childcare more available from September 2017. This funding recognises the time providers need to spend familiarising themselves with the new measures, signing contracts, meeting regulatory and compliance requirements and assisting parents with how they can benefit.  Applications for this payment were made available on the PIP portal up to the end of November, and payments were issued in late December 2017. This brought the overall total 'Programme Support Payments' to €18m in 2017. In Budget 2018 it was announced that €18m in programme support payments will be continued for the coming year. This funding is also intended to support providers and their employees. 

I am also keenly aware of the pressures on the sector with regard to availability of places and sustainability and, following on from significant investment in 2016 and 2017, my Department will provide €6.86m for its capital funding programme under Budget 2018. 

Although my Department has been successful in securing additional funding for this sector over the past three budgets, as outlined above, it is acknowledged that much more must be done if we are truly to have affordable, accessible, quality childcare and continue to improve both the affordability and quality of childcare. To this end I will continue  to engage with my Government colleagues with a view to securing additional investment for the Early Years sector in future budgets.

Childcare workers are part of a growing sector, which the Government is strongly supporting. I and my Department believe that by working together with all the stakeholders in the early years sector we can ensure that it is a viable and strong sector which makes a significant contribution to the care and personal development of our children.

I am committed to ensuring childcare is accessible, affordable and of a high quality.

Departmental Communications

Questions (1516)

Catherine Murphy

Question:

1516. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if her Department uses anti-profanity software on its email systems and online contact forms; if so, the level of human oversight that is applied to the monitoring of this software and its effectiveness; her views on whether persons' legitimate right to petition Government may be blocked unintentionally by errors in the use of such software in determining that which qualifies as profanity being communicated in email and/or online contact forms; and if she will make a statement on the matter. [2080/18]

View answer

Written answers

The Department of Children and Youth Affairs utilises anti-profanity software which monitors its email systems and online contact forms. Inbound communications blocked by this software are forwarded to IT Helpdesk for review and, if valid and absent of malware threats to the Departmental ICT network, are then released to the correct recipient. All blocked communications are subject to human oversight and any legitimate petitions are released regardless of language or tone used.

Departmental Advertising Campaigns

Questions (1517)

Niall Collins

Question:

1517. Deputy Niall Collins asked the Minister for Children and Youth Affairs the Government's initiatives in her Department in 2017 that promoted State services or welfare payments, public awareness of regulatory changes and public consultations that involved advertising and promotion on television, radio, newspapers and online, in tabular form; and the level of expenditure for each such initiative. [2257/18]

View answer

Written answers

The information is contained in the following table.

Public Awareness Campaigns

Advertising/Promotion Spend in 2017

Affordable Childcare scheme

€218,175.37

Commission of Investigation into Mother and Baby Homes

€91170.70

 LGBTI+ Strategy

 €4897.38

Noise Pollution

Questions (1518)

Jack Chambers

Question:

1518. Deputy Jack Chambers asked the Minister for Rural and Community Development if there is legislation to deal with the issue of noise pollution caused by dogs barking constantly; if not, his plans to introduce legislation to address this problem; and if he will make a statement on the matter. [54462/17]

View answer

Written answers

The following legislation and arrangements are in place to deal with the issue of noise pollution caused by barking dogs.

Under Section 25 of the Control of Dogs Act 1986, the District Court may act on a complaint by any person where a nuisance has been created by excessive barking by a dog. A copy of the form used for complaints to the Courts regarding barking is available from local authorities. The Court may make an order, requiring the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog. The Court may also limit the number of dogs that can be kept on a premises or may direct that the dog be delivered to a dog warden to be dealt with as an unwanted dog.

While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise abated if it gives reasonable cause for annoyance. The procedures involved have been simplified to allow action to be taken without legal representation.

A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available from the Department of Communications, Climate Action and Environment at https://www.dccae.gov.ie/documents/A%20Guide%20to%20the%20Noise%20Regulations.pdf

A National Protocol for Dealing with Noise Complaints for Local Authorities was recently developed as a cooperative project between the Department of Communications, Climate Action and Environment; Local Authorities; and the Environmental Protection Agency. The Protocol provides guidance to Local Authorities, given existing legislation, as to what is considered best practice for dealing with noise complaints. The protocol can be accessed through the following link: http://www.dccae.gov.ie/en-ie/environment/topics/noise-pollution/typical-noise-pollution/Pages/default.aspx .

As the existing legislation provides a robust regulatory framework in relation to noise pollution from barking dogs, I have no plans to introduce further legislation in this area.

Dormant Accounts Fund Grants

Questions (1519)

John Deasy

Question:

1519. Deputy John Deasy asked the Minister for Rural and Community Development the County Waterford based projects that have received funds from the Dormant Accounts Fund over the past five years; and the amount in this fund. [54639/17]

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Written answers

Statutory responsibility for the Dormant Accounts Fund transferred to my Department in July 2017.  The legislation governing the Fund provides for disbursements to be made from the Fund to projects and programmes which benefit economically, socially or educationally disadvantaged people, and people with a disability.

My Department’s role is to prepare a Disbursement Scheme every three years and to co-ordinate the preparation of annual Action Plans.  The Action Plans contain the details of specific programmes and projects for delivery across Government Departments each year.

A Dormant Accounts Fund Disbursement Scheme for the period 2017-2019 was approved by Government in April 2017 and the 2017 Action Plan was published in July 2017, following a detailed consultation process across Government Departments.

With regard to funding for projects based in County Waterford, the programmes and projects funded through the Dormant Accounts Fund are implemented through a range of Government Departments, and the details of individual projects and their geographic location are a matter for each individual Department. 

With regard to my own Department, three Waterford based projects were approved for funding in 2017 under a Social Enterprise Measure which is administered on my Department’s behalf by Pobal. These projects are run by Dungarvan Care of the Aged, which was approved for funding of €50,342; GIY Ireland CLG, which was approved for funding of €49,768; and Waterford & Suir Valley Railway Company Limited by Guarantee, which was approved for funding of €44,415.   

The Dormant Accounts Fund is managed by the National Treasury Management Agency (NTMA).  The net value of uncommitted Dormant Accounts Funds stood at €124.8 million at the end of September 2017, taking account of a reserve for future claims by account holders and a provision for funds which remain to be disbursed by the NTMA on foot of cumulative approvals made through annual Action Plans.

Dog Breeding Industry

Questions (1520, 1526)

Ruth Coppinger

Question:

1520. Deputy Ruth Coppinger asked the Minister for Rural and Community Development his plans to introduce regulations to prevent the practice of puppy farming in view of concerns for animal welfare; the enforcement activity of his Department in this area in 2017; and if he will make a statement on the matter. [55023/17]

View answer

Seán Haughey

Question:

1526. Deputy Seán Haughey asked the Minister for Rural and Community Development his plans to introduce legislation to ban puppy farming; and if he will make a statement on the matter. [1347/18]

View answer

Written answers

I propose to take Questions Nos. 1520 and 1526 together.

The Dog Breeding Establishment Act 2010 provides a robust regulatory framework for, inter alia, the licensing, monitoring and inspection of dog breeding establishments by local authorities and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments.

Responsibility for the Control of Dogs Acts 1986 to 2014, including the Dog Breeding Establishments Act 2010, transferred to the Department of Rural and Community Development in July 2017. My Department has completed its review of the feedback and data received from the public consultation on the Dog Breeding Establishment Guidelines which was undertaken by the then Department of Housing, Planning, Community & Local Government in early 2017.  The findings are currently under consideration and discussions with officials are ongoing regarding possible next steps.

Enforcement activities relating to dog breeding establishments are a matter for local authorities in accordance with the Dog Breeding Establishment Act 2010 and I have no function in those activities.

Details of the enforcement activity of local authorities in relation to the regulation of dog breeding establishments can be found on my Department's website at the following link http://drcd.gov.ie/dog-control/view-our-dog-control-statistics/

More generally, the enforcement of welfare standards regarding all animals is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013.

Tender Process

Questions (1521)

James Browne

Question:

1521. Deputy James Browne asked the Minister for Rural and Community Development the reason there is no non-legal appeal process for Social Inclusion and Community Activation Programme, SICAP, tendering; and if he will make a statement on the matter. [55124/17]

View answer

Written answers

The SICAP programme ended on 31 December 2017 with the next iteration, SICAP 2018 – 2022, rolling out 1 January 2018. 

As with the previous programme, the delivery of SICAP in 51 different geographical areas from 2018 onwards was tendered for by way of a public procurement process. This was conducted by the Local Community Development Committees, in accordance with the Procurement Directive 2014/24/EU, which comprises the most up-to-date EU procurement rules.  These rules together with the national Public Procurement Guidelines govern all public procurement and place an emphasis on best practice and value for money.  The rules do not provide for a non-legal appeal process.

Tender results for SICAP delivery issued to all bidders on 24 November last, and Programme Implementers have been put in place in 47 of the 51 Lot areas. I am aware that the process in four Lot areas did not result in a successful bid.  In such situations, the governing provisions, as referred to above, apply and provide for a negotiated procedure, which is a non-legal process. This is currently underway in these areas.  Arrangements have been put in place in these areas to ensure service delivery is not affected while the negotiated procedure takes place.

Charities Regulation

Questions (1522)

Fiona O'Loughlin

Question:

1522. Deputy Fiona O'Loughlin asked the Minister for Rural and Community Development the body that regulates a charity (details supplied); and if he will make a statement on the matter. [55188/17]

View answer

Written answers

My Department is responsible for the Charities Regulatory Authority ("the Charities Regulator") which was established on 16 October, 2014 pursuant to the Charities Act, 2009. The general function of the Regulator is to regulate charitable organisations operating in Ireland, in order to increase public trust and confidence in their management and administration. Under the Charities Act, 2009, the Charities Regulator is fully independent in the performance of its statutory functions. As of end December 2017, there were 9,061 charities registered with the Authority. The Authority can be contacted at (01) 6331500 or at info@charitiesregulator.ie

I am advised that the organisation referred to by the Deputy is registered with the Regulatory Authority.

Local Improvement Scheme

Questions (1523)

Michael Healy-Rae

Question:

1523. Deputy Michael Healy-Rae asked the Minister for Rural and Community Development if he will address a matter (details supplied) regarding a Local Improvement Scheme; and if he will make a statement on the matter. [1019/18]

View answer

Written answers

The Local Improvement Scheme supports improvement works on private, non-public roads, to improve access for people who live or work along those roads.

There has been very little funding available for this scheme in recent years due to constraints on public expenditure.  However, I was very conscious of the underlying demand for the scheme in rural areas throughout the country.

I therefore announced the provision of €10 million to Local Authorities for a Local Improvement Scheme last September.  Based on demand and the capacity of Local Authorities to complete works before the end of 2017, I announced an additional €7.4 million to Local Authorities for LIS roads at the end of November.

It is clear that there is a continuing demand for LIS funding in rural communities across Ireland, and I have therefore secured an allocation of €10 million for the scheme in my Department's Estimate for 2018.  I intend to launch the scheme early this year to give the Local Authorities every opportunity to manage their programme of works as effectively as possible. Details of the scheme will be announced shortly.

Charities Regulation

Questions (1524)

Clare Daly

Question:

1524. Deputy Clare Daly asked the Minister for Rural and Community Development if the Charities Regulator is empowered to enforce sanctions against charities operating in contravention of the Charities Act, such as in the case of an organisation (details supplied). [1206/18]

View answer

Written answers

Under the Charities Act, 2009, the Charities Regulatory Authority is fully independent in the performance of its statutory functions. The general function of the Regulatory Authority is to regulate charitable organisations operating in Ireland, in order to increase public trust and confidence in their management and administration.

Under Section 41 of the 2009 Act, it is an offence for any person to advertise on behalf of, to invite members of the public to give money or property to, or to accept such money or property on behalf of a charitable organisation that is not registered, or for an unregistered charitable organisation to carry on such activities. In addition, it is an offence under Section 46 of the Act for a body (other than a registered charitable organisation) to describe itself or its activities in a manner that would cause a member of the public to reasonably believe that the body was a charitable organisation. An offence under the Charities Act 2009 carries with it maximum penalties on indictment of a fine not exceeding €300,000 and imprisonment for a term not exceeding 10 years.

If anybody has concerns that a charitable organisation is in breach of the Charities Act, 2009, they should forward details of these concerns to the Charities Regulator. All concerns received by the Regulator are actively reviewed.

Community Services Programme

Questions (1525, 1544)

Willie O'Dea

Question:

1525. Deputy Willie O'Dea asked the Minister for Rural and Community Development the full-year cost of matching the contribution to the community services programme to the national minimum wage rate; and if he will make a statement on the matter. [1221/18]

View answer

John Brassil

Question:

1544. Deputy John Brassil asked the Minister for Rural and Community Development if Pobal-funded organisations can reduce working hours at their discretion in view of the fact that Pobal provides a block employment grant based on working hours with no allowance for the increase in the minimum wage; and if he will make a statement on the matter. [1618/18]

View answer

Written answers

I propose to take Questions Nos. 1525 and 1544 together.

The Community Services Programme (CSP) supports community organisations to provide local services through a social enterprise model.  Funding is provided as a contribution to the cost of a manager and a specified number of full time equivalent positions. 

The CSP contribution is based on a 39-hour working week.  It is not aligned to the national minimum wage, rather it is a fixed annual contribution that is required to be co-funded by the organisation concerned from other sources, for example, from income received from the public use of their facilities and services.  Accordingly, CSP funded organisations must maintain the 39-hour working week for supported positions notwithstanding the increase in the national minimum wage.

The funding allocation for the programme in 2018 is €46.2m.  It would cost an additional €3m to match the increase in the national minimum wage in 2018. 

Responsibility for the CSP transferred to my Department on 1 January 2018.  My immediate priority is to ensure its smooth transfer to my Department and maintain continuity of service for funded organisations.  My Department plans to commence a review of the CSP later in 2018.

Question No. 1526 answered with Question No. 1520.

Town and Village Renewal Scheme

Questions (1527)

Charlie McConalogue

Question:

1527. Deputy Charlie McConalogue asked the Minister for Rural and Community Development further to Parliamentary Question No. 452 of 13 July 2017, the status of the proposed scheme; and if he will make a statement on the matter. [54368/17]

View answer

Written answers

A pilot scheme to encourage residential occupancy in rural towns and villages is currently being developed as part of the Town and Village Renewal Scheme which is administered by my Department. The pilot will consider ways in which properties that are currently not in use in town centres can be renovated to allow them to be used for residential purposes.  This will help to rejuvenate town centres while also contributing to the housing needs of individuals. 

Following initial discussions between my Department and the Department of Housing, Planning and Local Government, I have now established a Steering Group to accelerate and oversee the design and delivery of the pilot scheme.  The Steering Group is chaired by my Department, and involves a number of other key Departments and agencies, including the Department of Housing, Planning and Local Government, the Department of Public Expenditure and Reform, the Department of Finance, and the County and City Management Association which provides representation from the Local Authority sector.  

The first meeting of the Steering Group will take place shortly and I will be briefed on its progress on an on-going basis.

CLÁR Programme

Questions (1528)

Patrick O'Donovan

Question:

1528. Deputy Patrick O'Donovan asked the Minister for Rural and Community Development the funding that may be available to a primary school located in rural location not within a Ceantair Laga Árd-Riachtanais, CLÁR, area; if a pedestrian crossing will be provided to improve traffic management and safety for children; and if he will make a statement on the matter. [54745/17]

View answer

Written answers

CLÁR (Ceantair Laga Árd-Riachtanais) is a targeted investment programme for rural areas that aims to provide funding for small infrastructural projects in areas that have experienced significant levels of population decline.

The 2017 CLÁR programme provided total funding of just under €7 million for 230 projects across four Measures as follows: 

Measure 1: Support for School and Community Safety Measures

Measure 2: Play Areas

Measure 3: Targeted Community Infrastructure

Measure 4: First Responder Supports

Details of the approved projects are available on my Department's website at http://drcd.gov.ie/subheader1/clar.

Funding under the CLÁR programme is only available to projects that are located within CLÁR areas. Outside of these areas, the Local Authorities might be best placed to provide funding for measures such as those referred to by the Deputy to improve traffic management and safety for school children.

Departmental Funding

Questions (1529)

Peadar Tóibín

Question:

1529. Deputy Peadar Tóibín asked the Minister for Rural and Community Development the name and number of organisations here that are in receipt of funding from his Department that have expended resources seeking the repeal of the eighth amendment; the amount of funding these organisations have received from the State in the past five years; the amount of money they have spent on this particular campaign during that time; the number of organisations here that are in receipt of funding from his Department that have expended resources seeking the retention of the eighth amendment; the amount of funding these organisations have received from the State in the past five years; and the amount of money they have spent on this particular campaign during that time. [54772/17]

View answer

Written answers

Each organisation that receives funding from my Department is funded to provide services in the public interest in line with overall Government objectives and it is essential that this be done in an equitable, transparent and non-partisan way.  This Department does not provide funding for political or legislative campaigns.

Agriculture Schemes

Questions (1530)

Mattie McGrath

Question:

1530. Deputy Mattie McGrath asked the Minister for Rural and Community Development if he will address a matter regarding an agricultural show (details supplied); and if he will make a statement on the matter. [54910/17]

View answer

Written answers

In December 2017, I announced once-off financial support for Agricultural shows to alleviate financial difficulties suffered by a number of these shows in recent years, primarily due to adverse weather conditions.

The allocation was made in coordination with the Irish Shows Association (ISA) and will result in each of approximately 120 shows under the umbrella of the ISA in the Republic of Ireland receiving between €3,500 and €7,000, depending on their size.

The Irish Shows Association is the umbrella organisation for Agricultural Shows in Ireland and membership of the Association is open to all recognised Agricultural Show Societies. On that basis, I considered that distributing the funding through the Association was the most effective way to support the shows. 

The matter raised in the Deputy's question is an internal matter for the Irish Shows Association and I have no function in relation to the matter.

Departmental Funding

Questions (1531)

Niamh Smyth

Question:

1531. Deputy Niamh Smyth asked the Minister for Rural and Community Development the status of an application (details supplied); and if he will make a statement on the matter. [54997/17]

View answer

Written answers

I am advised that funding of €200,000 was awarded to the project referred to by the Deputy by the Local Action Group which administers the programme concerned at its meeting on 6th December 2017.

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