Written Answers Nos. 239-263
239. Deputy Niamh Smyth asked the Minister for Transport, Tourism and Sport the enforcements in place for persons that do not cut hedgerows and cause safety concerns along major routes or junctions across the country. [49699/18]
View answerResponsibility for the maintenance of public roads is a matter for the relevant road authority in accordance with the Roads Act 1993, as amended.
Under Section 70(2)(a) of the Roads Act 1993, it is the responsibility of the owner or occupier of land to ensure that any tree, shrub, hedge or other vegetation growing on their land is not, or could not become, a danger to people using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.
A road authority has powers under Section 70(2)(b) of the Roads Act to serve a notice in writing on the owner of a tree, shrub, hedge or other vegetation that is a hazard or potential hazard to persons using a public road or where such vegetation obstructs or interferes with the safe use of a public road or with the maintenance of a public road. Where an owner or occupier fails to comply with such a notice, the road authority may then take such action as it sees fit.
Should a road authority considers that vegetation presents an immediate and serious hazard to persons using a public road, it can step in and act immediately to reduce or remove the hazard under Section 70(9).
240. Deputy Niamh Smyth asked the Minister for Transport, Tourism and Sport if he will liaise with the TII to arrange a meeting with them in regard to a project on (details supplied); and if he will make a statement on the matter. [49748/18]
View answerProposals to deliver an upgraded route linking Dundalk to Sligo, taking in Cavan, involve linking elements of the national road network and regional roads along as direct a route as possible. Essentially the route involves upgrade/realignment works on the regional routes from Dundalk to Cavan and on national routes from Cavan to Sligo. In relation to the national road element, as Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015 the planning, design and implementation of individual national road projects, within its capital budget, is a matter for Transport Infrastructure Ireland under the Roads Acts 1993-2015 in conjunction with the local authorities concerned. I have, therefore, referred the question to TII for direct reply in relation to the national road section of the outline East-West link. Please advise my private office if you do not receive a reply within 10 working days.
As regards the regional road aspect of the proposal, the improvement and maintenance of regional and local roads in its area is a statutory function of local authorities in accordance with the provisions of Section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. My Department has provided funding this year to Cavan County Council to allow for the review and updating of previous work on the appraisal of the scheme.
241. Deputy Louise O'Reilly asked the Minister for Transport, Tourism and Sport if there are funding streams, national or European, that a sports team (details supplied) could access in order to build a clubhouse in order to provide basic facilities such as toilets and changing rooms. [49754/18]
View answer242. Deputy Louise O'Reilly asked the Minister for Transport, Tourism and Sport if he has been engaged with Fingal County Council regarding the provision of facilities, such as toilets and changing rooms for a sports team (details supplied). [49755/18]
View answerI propose to take Questions Nos. 241 and 242 together.
The Sports Capital Programme (SCP) is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.
Grants are available to sports clubs, voluntary and community groups, national governing bodies of sport, and local authorities. Third level colleges, Education and Training Boards (ETBs) and schools may only apply for funding jointly with sports clubs or organisations.
I understand the club referred to by the Deputy has made an application for sports equipment under the 2018 SCP and this application will be assessed by officials in my Department over the coming months.
If the club wishes to apply for funding for the provision of capital facilities such as toilets and changing rooms they may do so under any future rounds of the SCP under the terms and conditions that apply at that time. If the club proposes to use land owned by Fingal County Council, it is open to the Council to apply under future rounds of the SCP to develop facilities on behalf of the club.
243. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the steps he has taken to ensure that the DAA take steps to enforce the WHO guidelines regarding exposure to noise at 40 dB at night and 45 dB during the day, with particular reference to its ongoing development of the new runway at Dublin Airport; and if he will make a statement on the matter. [49803/18]
View answerAs the Deputy will be aware, my Department is in the process of publishing a Bill to provide for the implementation EU Regulation 598/2014, which deals with aircraft noise at airports. That Bill will designate Fingal County Council as the independent noise regulator for Dublin Airport. It will be a matter for the regulator, when established, to decide upon the most appropriate measures to be implemented at Dublin Airport to mitigate any identified noise problem.
I understand from my colleague, the Minister for Communications, Climate Action and the Environment, that the Environmental Noise Directive requires Member States to prepare and publish strategic noise maps and noise management action plans. In Ireland, this Directive was transposed by the Environmental Noise Regulations 2006 (S.I. No. 140/2006), and for its purposes the daa is designated as the noise mapping body for Dublin Airport. Under the Directive, following the preparation of noise maps, local authorities are required to prepare noise action plans. These action plans are designed to manage noise issues and effects, and it involves the prevention and reduction of environmental noise. It is important to note, however, that the Directive does not set limit or target values, nor does it prescribe the measures to be included in the action plans.
244. D'fhiafraigh Deputy Pearse Doherty den Aire Leanaí agus Gnóthaí Óige an bhfuarthas comhfhreagras a seoladh chuige ó eagraíocht ghairmiúil i gContae Dhún na nGall (sonraí tugtha) maidir lena cás eisceachtúil ó thaobh pá agus coinníollacha oibre de; agus an ndéanfaidh sí ráiteas ina thaobh. [49670/18]
View answerNí bhfuair mo Roinn an comhfhreagreas a rinne an Teachta tagairt dó fós. Agus é faighte ann, athbhreithneoidh na hoifigigh i mo Roinn an t-ábhar agus eiseofar freagra.
Maidir le pá agus coinníollacha na foirne, tá mé soiléir go dtacaím le feabhas a chur ar an bpá agus ar na coinníollacha oibre a bhaineann le hoibrithe cúraim leanaí; agus é sin ráite, níl mo Roinn ina fostóir don fhoireann cúraim leanaí dícheallaí atá ann i 4,500 gnóthaí cúraim leanaí ar fud na tíre, agus mar sin tá teorainn ar an méid is féidir leo a dhéanamh. D’iarr mé ar an bhfoireann dul isteach i gceardchumann; d’iarr mé ar an earnáil chun Ordú um Fhostaíocht Earnála a chur chun cinn; ach chomh maith le sin thug mé isteach céimeanna praiticiúla chun coinníollacha na foirne a fheabhsú ar aon slí ar mo chumas.
Ina measc sin, tá méadú 7% ar chaipitíocht na scéime ECCE, is fiú thart ar €4,000 do gach 20 leanbh atá cláraithe ar an scéim mhóréilimh seo. Chomh maith le sin, lean mé ag cur ar fáil ráta caipitíochta níos airde do sheomraí réamhscolaíochta a bhfuil ceannaire céimithe acu, chun céimithe a tharraingt agus chun iad a choinneáil. Tá méadú €2 breise an leanbh ar an gcaipitíocht atá ar fáil do sheirbhísí ina gcríochnaíonn an fhoireann an oiliúint LINC atá dírithe ar feabhas a chur ar Chomhionannas agus Éagsúlacht i suíomhanna. Lena chois sin, beidh breis agus €55 milliún íoctha ag mo Roinn do sholáthraithe cúraim leanaí faoi dheireadh 2019 le haghaidh an riaracháin a dhéanann siad agus iad ag cur ar fáil na scéimeanna cúraim leanaí atá ann faoi láthair.
Beidh sonraí nua ar fáil go luath maidir le rátaí pá reatha sa phróifíl earnála bliantúil de chuid Pobal, a fhoilseofar níos déanaí sa mhí seo, agus tríd an athbhreithniú neamhspleách faoi na costais a bhaineann le soláthraithe seirbhíse san earnáil, a choimisiúnaigh mo Roinn.
Is é mo dhóchas ó chroí go mbeidh na beartais thuas le feiceáil i bpá agus coinníollacha na foirne dícheallaí sa líne thosaigh a dhéanann difríocht bhuan i saol na leanaí.
245. Deputy Clare Daly asked the Minister for Children and Youth Affairs her plans to implement a comprehensive system of clinical supervision by fully qualified supervisors for Tusla social workers in order to support their mental health and wellbeing and in order to improve social worker retention across the service. [49643/18]
View answerI thank the Deputy for her question as I am concerned that there needs to be ongoing attention to the welfare and retention of child protection social workers. I can inform the Deputy that Tusla has a range of policies for social work staff, including one on Supervision. This is allied to a Workload Management policy and others including; Health and Safety and Lone Working. Clinical supervision is well established among social workers in Tusla with a history of implementation over the last 30 years. There has been ongoing training in a specialised social work supervision model. Tusla has maintained this emphasis on supervision and the model is evolving in the context of the Signs of Safety approach, which includes group supervision.
Regular, quality clinical supervision is one important aspect of retention, as is workload. It is not just the number of cases that a social worker carries, a review of the workload also looks at the intensity and risk involved in cases, and time engaged with court processes and travel commitments. The caseload management model assists social workers and managers in keeping caseloads within manageable limits.
Tusla require 130 new social workers each year to replace workers who retire or resign. This amounts to a significant issue for social work within Tusla and contributes to retention challenges. Tusla is examining the skill mix on children in care and child protection teams to support social workers focus on core functions.
246. Deputy Clare Daly asked the Minister for Children and Youth Affairs her plans to revive or replace the successful and award-winning Londubh scheme. [49644/18]
View answerI wish to advise the Deputy that the Tusla Programme Development and Cross Government Framework Unit within the Department of Children and Youth Affairs is not aware of this project and does not have a role in the funding or operation of the Londubh Scheme. As such, my Department is not in a position to provide a response concerning the above scheme on this occasion.
247. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if it is within Tusla’s remit and-or duties to assist a child in foster care that is seeking to identify their birth parents; and if she will make a statement on the matter. [49689/18]
View answerTusla social workers in consultation with the children, their families, foster carer and others who play a significant role in the life of the child, draw up a comprehensive written care plan that is actioned and maintained on the child’s file as per Child Care Placement of Children in Foster Care (or Relative Foster Care) Regulations, 1995.
The care plan is prepared before the child is placed in foster care or, in the case of an emergency, within 14 days. The social worker ensures that contact is maintained with family members and friends and the details in relation to this are set out in the care plan.
Tusla informs me that in circumstances whereby a child does not know the identity of his or her parents the details relating to the case will be considered in the care planning process and plans will be made to manage the situation. Each case is different and the circumstances of each child varies. However, the welfare of the child is the paramount consideration in the care planning process and in relation to any decision arrived at in managing issues of parental identity.
248. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if Tusla or another agency within her Department offers access to DNA testing services for children within State care. [49690/18]
View answerDNA testing services, if required, are considered as part of the care planning process for a child in care. I am informed by Tusla that when a child is taken into care, social workers ensure that an assessment of need is undertaken to support the development of the child’s care plan. In line with the Child Care (Placement of Children in Residential Care/in Foster Care/with Relatives) Regulations, 1995 this assessment identifies the needs of the child from an emotional, psychological, medical and educational perspective. This process determines any additional needs.
Such comprehensive assessments are undertaken in consultation with the child, their family and/or foster carers and any significant others. If deemed appropriate, a multi-disciplinary assessment will be required. It is during this process that a requirement for DNA testing would be considered. A determination is made based on the best interests of the child.
The resulting written care plan will be maintained on the child’s file as per the Child Care (Placement of Children in Residential Care/in Foster Care/with Relatives) Regulations, 1995.
249. Deputy Jim O'Callaghan asked the Minister for Children and Youth Affairs the position regarding staffing levels in the special care units here in view of the recent comments from the High Court; the reason they are not operating at full capacity; and if she will make a statement on the matter. [49750/18]
View answerSpecial care is a secure care placement (i.e. detention in a secure facility) for children with highly complex behavioural and emotional needs that cannot be met in foster or general residential care. Special care is intended as a short-term secure care placement in a therapeutic environment with the intention of returning the child to a community or family-based setting as soon as possible.
Special care is used to address the risk of harm that may be caused to a child’s life, health, safety, development or welfare by their behaviour. Children are admitted to special care following a successful application to Tusla’s Special Care Admissions Committee and upon the granting by the High Court of a special care order. The age range for admissions is 11 to 17.
The deprivation of liberty under a special care order is intended to protect the child’s own welfare. It is not envisioned as a response to criminal activity and the granting of a special care order is subject to stringent requirements upon Tusla and the High Court. Special care orders are reviewed every 28 days.
The children resident in special care units have very particular needs and, for the most part, their behaviour can be particularly challenging – notably in more frequent outbursts of violent and aggressive behaviour. This work environment has led to difficulties in recruitment and retention of staff for special care units. As a result, staffing shortages have led to special care provision being significantly curtailed. It should be noted that Tusla has always had adequate financial resources to meet special care staffing needs.
Tusla have been actively seeking to address matters of concern in relation to special care including seeking to improve staff retention, initiating a bespoke recruitment campaign, examining supporting placement options and introducing a new model of care. In addition, Tusla and the DCYA are also in discussions in relation to meeting the current shortfall in special care staffing and a business case for special care staffing is awaited from Tusla.
250. Deputy Jim O'Callaghan asked the Minister for Children and Youth Affairs if she is satisfied that the Child and Family Agency has capacity to comply with its statutory obligation to apply for a special care order in circumstances in which a determination has been made that a young person requires special care in view of the fact that the special care units are operating at a reduced capacity; and if she will make a statement on the matter. [49751/18]
View answerAt the end of August 2018, Tusla reported that 14 children were resident in Special Care Units, representing 0.2% of the 6,095 children in care. All children in Special Care Units had an allocated social worker and a written care plan. The service is demand led and subject to orders being granted by the High Court.
Tusla has been engaged in a programme to enhance the capacity and quality of care and therapeutic supports in its special care units. In particular, a recruitment campaign is underway to allow Tusla provide an increase the number of places available. Tusla aims to have a maximum capacity of 26 places across 3 mixed gender units following the registration of special care units with HIQA under the new regulations.
A placement in Special Care requires an order from the High Court. While an application may be made to the High Court, it is important to be aware that it is possible that an order may not be granted.
Special care is used only where a young person's behaviour poses a real and substantial risk of harm to their life, health, safety, development or welfare. It is intended to be short-term, stabilising and safe care in a secure therapeutic environment, which aims to enable a child to return to a less secure placement as soon as possible based on need.
251. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an invalidity pension for a person (details supplied); and if she will make a statement on the matter. [49779/18]
View answerThe lady referred to has been awarded invalidity pension with effect from 27 September 2018. Payment will issue to her post office on 29 November 2018. Any arrears due from 27 September 2018 to 28 November 2018 (less any overlapping social welfare payment) will issue in due course. The lady in question was notified of this decision on 23 November 2018.
I hope this clarifies the matter for the Deputy.
252. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of an application for a disability allowance by a person (details supplied); and if she will make a statement on the matter. [49591/18]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The gentleman referred to has been awarded the personal rate of invalidity pension (IP) with effect from 06 September 2018. Payment including arrears due will issue to his nominated bank account on the 29 November 2018. He was notified of this decision on the 26 November 2018.
The gentleman in question has claimed an increase for a qualified adult (IQA) and qualified child(ren) (IQC). On the 26 November 2018, the Deciding Officer requested further information from him in order to assess eligibility for the IQA and IQC. On receipt of this information a decision will be made on his entitlement to these allowances.
I hope this clarifies the matter for the Deputy.
253. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's support grant for a person (details supplied); and if she will make a statement on the matter. [49592/18]
View answerThe Carer’s Support Grant is an annual payment made by my Department to full-time carers.
The person concerned was recently awarded the 2017 and 2018 Grants. An amount of €3,400 (€1,700 in respect of each year) will be available for collection by her, at Castleisland Post Office, from Thursday 6th December onwards.
Her claim for a 2016 Grant was refused as her application was received too late to be considered for that year. The latest date for receipt of applications for the Grant for a given year is 31st December of the following year. A person who does not claim within that time period is disqualified from receipt of that year’s Grant. The customer’s claim for the 2016 Grant was received on 3rd October 2018.
I trust this clarifies the matter for the Deputy.
254. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance refusal in the case of a person (details supplied); and if she will make a statement on the matter. [49593/18]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 1 November 2018. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.
I am advised that the person concerned has now submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
255. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [49594/18]
View answerI confirm that my department received an application for carer’s allowance from the person concerned on 19 June 2018. Additional information in relation to the person’s application was requested by a deciding officer on 1 October 2018 and again on 12 November 2018.
Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
256. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a carer's allowance for a person (details supplied); and if she will make a statement on the matter. [49595/18]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 17 July 2018. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
I hope this clarifies the matter for the Deputy.
257. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance for a person (details supplied); and if she will make a statement on the matter. [49597/18]
View answerI confirm that my department received an application for disability allowance (DA) from this lady on 18 October 2018. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
258. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance for a person (details supplied); and if she will make a statement on the matter. [49598/18]
View answerI confirm that my department received an application for disability allowance (DA) from this gentleman on 12 November 2018. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome.
The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
I trust this clarifies the matter for the Deputy.
259. Deputy Seán Haughey asked the Minister for Employment Affairs and Social Protection if a carer’s allowance payment will issue to a person (details supplied); and if she will make a statement on the matter. [49647/18]
View answerAn application for carer's allowance (CA) was received from the person concerned on 6 June 2018.
It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.
The person concerned was notified on 22 October 2018 of this decision, the reasons for it and of her right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of her application.
As a result of this evidence, CA was awarded to the person concerned on 27 November 2018 and first payment will issue to her nominated bank account on 6 December 2018.
Arrears of allowance due from 7 June 2018 to 5 December 2018 will also issue.
The person concerned was notified on 27 November 2018 of this decision, the reason for it and of her right of review and appeal.
I hope this clarifies the matter for the Deputy.
260. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which a payment appropriate to their circumstances by way of a basic payment or a carer’s allowance is being put in place in the case of a person (details supplied); and if she will make a statement on the matter. [49669/18]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a person who has such a disability that they require that level of care.
It is a condition for receipt of CA that the means of the person concerned must be less than the statutory limit.
Means are any income of the carer and their spouse, civil partner, or cohabitant, property, (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions or pensions or benefits from another country.
During the course of a review a deciding officer determined that the means of the person concerned exceeded the statutory limit for CA.
The person concerned was notified on 15 June 2018 of this decision, the reason for it and of their right of review and appeal.
The person concerned has appealed this decision to the Social Welfare Appeals Office (SWAO).
The first step in the appeals process is a review of the original decision by a Deciding Officer. That review is currently underway.
In the meantime, if the means of the person concerned are insufficient to meet their needs, they should apply for a means-tested supplementary welfare allowance from their local community welfare service.
I trust this clarifies the matter for the Deputy.
261. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection when arrears will issue to a person (details supplied) in respect of carer's allowance; and if she will make a statement on the matter. [49674/18]
View answerFirstly may I take this opportunity to extend my condolences to the person concerned and her family on their recent bereavement.
I confirm that my department received an application for carer’s allowance (CA) from the person concerned on 24 May 2018.
CA was awarded to the person concerned on 26 September 2018 with effect from 24 May 2018 to 28 November 2018, this includes 12 weeks after death entitlement. The first payment issued to her nominated bank account on 4 October 2018 which included payment for 27 September 2018.
Arrears of payment for the period 24 May 2018 to 26 September 2018 are due to issue shortly.
I hope this clarifies the matter for the Deputy.
262. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [49692/18]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
263. Deputy Michael Healy-Rae asked the Minister for Employment Affairs and Social Protection the status of a disability allowance application by a person (details supplied); and if she will make a statement on the matter. [49693/18]
View answerThe person concerned has been awarded disability allowance with effect from 18 April 2018. The first payment was made on 21 November 2018.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments (if applicable).
I trust this clarifies the matter for the Deputy.
