Wednesday, 21 Oct 2020

State Pension (Contributory)

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Social Protection the status of a previous application for a contributory pension based on self-employment and partnership contributions in the case of a person (details supplied); and if she will make a statement on the matter. [32015/20]

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Written answers

Minister for Social Protection

The person concerned reached pension age on 1 October 1994. They applied for State pension (contributory) on 10 October 1997.

According to the records of my Department, the person had entered insurable employment after the age of 56. They had a social insurance record of 156 contributions from self-employment for the tax years from 1991/92 to 1993/94 inclusive. They did not satisfy the qualifying conditions for State pension (contributory) at the time of their application.

A partial State pension (contributory) for the self-employed was introduced from 9 April 1999, for applicants who were aged 56 or over on the 6 April 1988, since self-employed persons were not liable to pay social insurance (PRSI) contributions before that date. However, since they had fewer than the minimum requirement of 260 paid contributions, the person did not qualify for this pension in 1999.

The Scope Section of my Department investigated the insurability of the person’s self-employment prior to 1991/92 to ascertain if further Class S contributions could be awarded on their social insurance record. The person concerned was not considered to be insurably employed or self-employed and additional contributions could not be awarded.

As they did not qualify for State pension (contributory), the person concerned applied for a refund of the pension element of their contributions. It was confirmed to them in writing on 24 June 1999 that this had been refunded.

I hope this clarifies the position for the Deputy.

Question No. 163 answered with Question No. 153.

Community Employment Schemes

Questions (164)

Cian O'Callaghan

Question:

164. Deputy Cian O'Callaghan asked the Minister for Social Protection the steps she is taking to provide community employment supervisors access to pensions in line with the 2008 Labour Court recommendation to provide access to an occupational pension scheme; and if she will make a statement on the matter. [32052/20]

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Written answers

Minister of State at the Department of Rural and Community Development

As the Deputy will be aware, Community Employment (CE) supervisors and assistant supervisors have been seeking for several years, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors who are employed by CE schemes.

CE sponsoring authorities are the legal employers of their CE supervisors, CE assistant supervisors and CE participants. There are no plans to change this status of CE supervisors. The Department’s role continues to be that of CE funder.

This issue was examined by a Community Sector High Level Forum, chaired by the Department of Public Expenditure and Reform. A number of Departments, including my own Department, were represented on this group, as were the unions and Pobal.

As part of this process a detailed scoping exercise was carried out with input from the Irish Government Economic and Evaluation Service (IGEES) on the potential costs of providing Exchequer support for the establishment of such a pension scheme for employees across the Community and Voluntary sector in Ireland. This exercise estimated a potential cost to the State of between €188 million and €347 million per annum depending on the numbers involved. This excluded any provision for an immediate ex-gratia lump sum payment of pension as sought, which could entail a further Exchequer cost of up to €318 million.

In its findings, the High-level Group stated that while CE supervisors and assistant supervisors represented only a very small part of the wider community and voluntary sector, any explicit provision of State funding for such a scheme in respect of CE Supervisors could potentially give rise to claims for funding for employees of similar schemes in the broader sector. The Department of Public Expenditure and Reform stated that it had to have regard to the full potential Exchequer exposure associated with setting such a precedent.

At this point, I wish to acknowledge the valuable and dedicated service that CE supervisors provide in running CE schemes delivering local based community services while providing a valuable training and development opportunity to the long-term unemployed and to those often furthest removed from the labour market.

The current position is that officials from my Department, the Department of Public Expenditure and Reform are in ongoing communication on the matter.

The Deputy should note that funding of any potential pension provision for CE supervisors will ultimately be a matter for the Department of Public Expenditure and Reform and will need to be considered in the wider economic and budgetary context in which any such scheme will need to operate.

Back to Education Allowance

Questions (165)

Gary Gannon

Question:

165. Deputy Gary Gannon asked the Minister for Social Protection if there are plans to reduce the qualifying period on social welfare in order to receive the back to education payment from nine months to three months for level 8 courses. [32071/20]

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Written answers

Minister for Social Protection

The Back to Education Allowance (BTEA) provides income support for jobseekers and certain others in receipt of social welfare payments who pursue courses of education at second or third level.

A person wishing to pursue a course of study under the BTEA scheme has to satisfy a number of conditions including being in receipt of a qualified social welfare payment for a specified time period, pursuing a full-time course of study leading to a recognised qualification in a recognised college and progressing in the level of education.

The qualifying period for BTEA to pursue a level 8 qualification is nine months. This qualifying period has been waived for people on coming from the Pandemic Unemployment Payment. This ensures that those who have lost their employment during the pandemic have immediate access to a range of educational options. There are no plans at present to further modify the existing BTEA qualifying criteria.

The BTEA is not intended to be an alternative form of funding for people entering or re-entering the third level education system. The Student Universal Support Ireland grant payable by the Department of Further and Higher Education represents the primary support for persons pursuing education.

I trust this clarifies the matter for the Deputy.

Parental Leave

Questions (166, 168, 195)

Denise Mitchell

Question:

166. Deputy Denise Mitchell asked the Minister for Children, Disability, Equality and Integration when it is planned that parental leave will be extended to five weeks; if the legislation that is required to introduce it will be expedited; and if he will make a statement on the matter. [31786/20]

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Cian O'Callaghan

Question:

168. Deputy Cian O'Callaghan asked the Minister for Children, Disability, Equality and Integration if he will bring forward the implementation of the extension of the current two weeks parents leave to five weeks in order that many new mothers that gave birth during this pandemic can avail of the extension; and if he will make a statement on the matter. [32049/20]

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James Browne

Question:

195. Deputy James Browne asked the Minister for Children, Disability, Equality and Integration the position regarding the additional three weeks parental leave announced in Budget 2021; if this is combined with the previous two weeks; the timeframe that parents have until this leave becomes unavailable; and if he will make a statement on the matter. [31974/20]

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Written answers

Minister for Children, Disability, Equality and Integration

I propose to take Questions Nos. 166, 168 and 195 together.

The Parent’s Leave and Benefit Bill 2019 provides for two weeks of parent’s leave and benefit for all new parents in employment or self-employment in respect of children born or placed for adoption on or after 1 November 2019. This is to facilitate parents to spend more time with their children in their critical first year of life.

The Minister for Public Expenditure and Reform announced in Budget 2021 that he would extend Parent’s Benefit by a further three weeks for all children born or placed for adoption on or after 1 November 2019, and to extend the period in which this leave can be taken to two years. This means that each parent will be able to avail of 5 weeks paid Parent’s Leave.

Legislation will be required to progress this commitment and work is now underway in my Department in this regard.

Covid-19 Pandemic

Questions (167)

Donnchadh Ó Laoghaire

Question:

167. Deputy Donnchadh Ó Laoghaire asked the Minister for Children, Disability, Equality and Integration if children who are home schooled can leave their county for educational purposes such as nature walks, educational trips and so on; and if specific guidance will be provided to the parents of home-schooled children. [31978/20]

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Written answers

Minister for Children, Disability, Equality and Integration

Children that are home-schooled, and their parents or guardians, must comply with all of the public health advice and guidance produced by the Government in order to protect their health and well-being and that of other citizens during this pandemic. There are currently no plans to provide separate or bespoke guidance for this cohort of the population.

Question No. 168 answered with Question No. 166.

Domestic Violence Services

Questions (169)

Jennifer Murnane O'Connor

Question:

169. Deputy Jennifer Murnane O'Connor asked the Minister for Children, Disability, Equality and Integration the amount of funding provided to the domestic, sexual and gender-based violence sector in each of the years 2018, 2019, 2020 and 2021, in tabular form; and if he will make a statement on the matter. [31810/20]

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Written answers

Minister for Children, Disability, Equality and Integration

Tusla, the Child and Family Agency, has statutory responsibility for the care and protection of victims of Domestic, Sexual and Gender Based Violence. Tusla provides funding and coordination supports to some 60 organisations that deliver a range of services for victims of domestic, sexual and gender based violence, throughout the country.

The table provided below, outlines the overall funding allocations for Domestic, Sexual and Gender Based Violence services in 2018 and 2019. Final figures in respect of 2020 are not yet available. Funding

for DSGBV Services in 2020 is €25.3m. However, this figure does not include additional funding provided by Tusla to the sector in response to challenges arising from Covid-19.

To date, Tusla has advised that it has issued some €800,000 to DSGBV services to respond to the challenges arising from Covid-19, with a further €400,000 in identified costs currently expected to maintain business-as-usual across all domestic, sexual and gender based violence services up to year end.

Tusla business planning processes for 2021 are ongoing, so specific budgetary determinations for 2021 have not yet been made. The needs of the sector are being considered as part of these processes. Tusla is aware that Covid-19 related issues continue to impact on these services and will factor this into service and funding arrangements for 2021.

Table1: Tusla funding for Domestic, Sexual and Gender Based Violence Services 2018-2021

Year	Funding Allocation
2018	€23.8m
2019	€25.3m
2020	€25.3m*
2021	not yet available

*represents approximate allocation for 2020, not including additional funding provided in context of Covid-19 challenges.

Mother and Baby Homes Inquiries

Questions (170)

James Lawless

Question:

170. Deputy James Lawless asked the Minister for Children, Disability, Equality and Integration if he will advise on the approach to records from mother and baby homes; the proposed archival of same; the issues that arose from this proposal; his views on whether access to the records would be beneficial to survivors, historians or other interested parties; and if he will make a statement on the matter. [31879/20]

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Written answers

Minister for Children, Disability, Equality and Integration

In 2015, when the Government decided to establish an inquiry into mother and baby homes, the model of investigation that it chose was a commission of investigation under the Commissions of Investigation Act 2004. That decision, which was endorsed by the Oireachtas, had indelible consequences for the format of the investigation that was to be conducted, for the mode of engagement with the Commission by third parties who gave evidence, for the rights of those third parties, for the Commission’s report, and for its records.

The records of a Commission comprise all the evidence received by, and all documents created by or for, the Commission in the course of its statutory inquiries. The management of these records must therefore be considered in the context of relevant protections and safeguards within the 2004 Act.

The arrangements for preserving the records compiled by a Commission of Investigation in the course of its work are prescribed in Section 43(2) of the 2004 Act. This provides that prior to its dissolution, a Commission must deposit all records with the prescribed Minister. On the expiry of a 30 year period thereafter, such records will be transferred to the National Archives and access is regulated in accordance with the National Archives Act, 1986.

The Commission of Investigation informed my Department that, during the course of its work, it had created a database of mothers and children who passed through the main Mother and Baby Institutions under investigation. The Commission conveyed to the me the benefit of utilising this database but noted the requirement of legislation to provide for this. I concurred with this position, and I have sought Government approval for the urgent drafting of legislation to provide a bespoke solution to this issue.

In my view the development of this database, and arrangements for appropriate safekeeping and access of this information, could be one of the most significant outcomes from the Commission’s work. The proposed Commission of Investigation (Mother and Baby Homes and certain related Matters) Record, and Another Matter, Bill 2020, provides certainty as to the immediate future of the specific database and associated records.

I am aware of the concerns expressed by groups and individuals in relation to the proposed legislation and the desire for wider access to information. I proposed to bring forward a number of amendments to the published Bill to address a number of these matters. I recognise the importance for survivors, adopted people and others impacted by birth family separation, of having access to information related to their original identity and family history. I am absolutely committed to addressing the wider matter of providing a new architecture surrounding access to birth information and tracing. Separate legislative proposals will be required and this will be advanced as a priority.

Direct Provision System

Questions (171)

Eoin Ó Broin

Question:

171. Deputy Eoin Ó Broin asked the Minister for Children, Disability, Equality and Integration the number of adults and children remaining in direct provision centres after their leave to remain has been granted for the most recent date available. [31922/20]

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Written answers

Minister for Children, Disability, Equality and Integration

As of the end of September 2020, there were 709 adults and 311 children who have been grated status, residing in accommodation centres provided by my Department.

My Department has a specific team in place who work in collaboration with DePaul Ireland, the Jesuit Refugee Service, the Peter McVerry Trust, officials in the Department of Housing, Planning and Local Government, and the City and County Managers Association collectively to support these residents to access housing options. Between January and the end of September of this year, 900 people moved to accommodation in the community, of whom 644 received assistance from the support services outlined. This compares to a total of 837 people who moved to community housing in 2019 from accommodation centres.

Domestic Violence Services

Questions (172)

Eoin Ó Broin

Question:

172. Deputy Eoin Ó Broin asked the Minister for Children, Disability, Equality and Integration the number of adults and children who accessed Tusla-funded domestic violence refuge accommodation to date in 2020; the average length of time families spent in such accommodation; and the number of beds available on a given night in 2019. [31923/20]

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Written answers

Minister for Children, Disability, Equality and Integration

Tusla, the Child and Family Agency, provides funding and coordination supports to some 60 organisations that deliver a range of services for victims of domestic, sexual and gender based violence throughout the country.

In 2020, the Department of Children and Youth Affairs is providing Tusla with core funding of €25.3m for almost 60 organisations that deliver services for victims of domestic, sexual and gender-based violence (DSGBV). To date, Tusla has advised that it also has issued some €800,000 to DSGBV services to respond to the challenges arising from COVID-19 this year, with a further €400,000 in identified costs currently expected to maintain business-as-usual across all DSGBV services up to year end.

With regard to statistics relating to the use of Tusla-funded emergency domestic violence accommodation, Tusla has advised that data is collected retrospectively. The Department's understanding is that full data for 2019 is not yet available. I had hoped that a data report would be ready by Quarter 3 this year. However, Tusla had to prioritise the urgent needs of services after the outbreak of COVID-19, which delayed a number of processes. Tusla expects to finalise the substantive work of data verification later this year.

Mother and Baby Homes Inquiries

Questions (173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193)

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Written answers

Minister for Children, Disability, Equality and Integration

I propose to take Questions Nos. 173 to 193, inclusive, together.

The Deputy has sought responses to a series of questions on the methodology and approach of the Commission of investigation into Mother and Baby Homes and certain related matters in conducting its investigations.

As the Deputy will be aware, the Commission is independent of Government in the conduct of it investigation. This independence, which is provided for in law, is a fundamental principle in the establishment of a statutory inquiry under the Commissions of Investigation Act 2004. As the specified Minister for receiving its report, I have no role or influence in its work.

In accordance with section 10 of the 2004 Act, the Commission may, subject to the Act and the Commission's rules and procedures, conduct its investigation in the manner that it considers appropriate in the circumstances of the case. The Commission is required to submit its final report to me by the 30th October and it is reasonable to expect that many of the procedural and other issues raised by the Deputy will be addressed in the final report.

The Commission's archive will not include any original State records. The Commission received or created copies of relevant records in the course of its inquiries. The original State records remain in the possession of the relevant host organisation. Access to these records is governed by statue, and no changes are proposed to these arrangements.

In relation to the Confidential Committee module, articles 3 and 4 of the Commission's Terms of Reference prescribe how the Confidential Committee must conduct its business and how this should be reported. Again, for the reasons already stated, I have no details of who was required to engage with the Commission, the numbers and manner or format of their engagement, or the methodology applied by the Committee or the Commission in is this regard. The Commission has recently advised that the personal testimonies provided by individuals to this Committee will be included in the final report in an anonymised manner.