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Tuesday, 3 Nov 2020

Written Answers Nos. 972-990

Mother and Baby Homes Inquiries

Questions (972)

Holly Cairns

Question:

972. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if, following findings in the fifth interim report of the Mother and Baby Homes Commission of Investigation regarding the Bessborough Home in Cork city, he will fund a physical survey of the estate to locate the possible burial place of the more than 800 unaccounted for children who died in Bessborough or in hospital after being transferred from Bessborough; and if he will make a statement on the matter. [33318/20]

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Written answers

The investigation of burial arrangements of persons who died while resident in what were termed Mother and Baby Homes was a key focus of the terms of reference for the statutory Commission of Investigation. We already know from the Commission's interim reports that it dedicated significant time and effort to advancing its investigations into these matters.

In the Fifth Interim Report, the Commission reported that it had found no physical or documentary evidence of systematic burials within the grounds of Bessborough, but considered it highly likely that burials took place there. Notably, the Commission did not consider it feasible to excavate the full 60 acres involved, let alone the rest of the 200-acre estate on which there has been extensive building work since the institution closed. There was also uncertainty as to whether the children may in fact be buried at a recognised graveyard in respect of which records could not be located. The report’s contents were forwarded to relevant agencies for further consideration at the time of its publication.

While the Fifth Interim Report made no specific recommendations, the Commission asked for public assistance in furthering its investigation into these matters and indicated that it would include any further information in its Final Report.

As the Deputy may be aware, I have received the Commission’s Final Report in recent days. Arrangements are being advanced to facilitate its consideration by Government with a view to its publication as soon as possible. Any further considerations on burial arrangements will be informed by any further findings or recommendations of the Commission in relation to these important matters.

Adoption Data

Questions (973)

Éamon Ó Cuív

Question:

973. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth the steps he will take to ensure that both natural parents and adoptees can more easily access their children or parents, as the case may be; if extra funding is to be provided for tracing services in this regard; his plans to introduce legislation to transfer the responsibility for this work to a standalone State agency; and if he will make a statement on the matter. [33638/20]

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Written answers

The Adoption (Information and Tracing) Bill, 2016 dealt with access to birth certificates and birth information for adoptees and others seeking to know their origins. The Bill lapsed with the dissolution of the Dáil and I am currently committed to advancing fresh proposals in this area which will achieve the policy aim of allowing access to information for adoptees and others. Decisions regarding responsibility for the records and any required additional funding for tracing will be considered in that context.

It is important to acknowledge that this is a subject of fundamental importance to very many adopted people. The issues at the heart of the debate are complex and very personal. I have engaged with representative groups on this issue and will continue to engage widely in order to help achieve a legislative consensus. I am committed to developing legislation that will help deliver the much needed access to information for adopted people.

Public Services Card

Questions (974)

Catherine Murphy

Question:

974. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if a person needs to hold a public services card in order to access the national childcare scheme and its financial assistance element; and if payments can be backdated for those who could not access the scheme due to reasons impacting his Department as a result of Covid-19 restrictions and changes in his officials' work patterns. [33648/20]

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Written answers

Parents do not need to hold a Public Services Card in order to benefit from subsidies under the National Childcare Scheme.

The Scheme has always been designed so that applications are accepted both online and by post. A Public Services Card and verified MyGovID account are required to apply online only.

At the outbreak of the COVID-19 pandemic in March 2020, the Department of Employment Affairs and Social Protection temporarily suspended PSC appointments and closed their Intreo Offices under the public health guidelines which meant that those citizens who had not verified their MyGovID accounts could not do so, if they did not already have a phone number verified with DEASP. However, we are aware that DEASP implemented temporary measures to mitigate this and to enable potential applicants to become MyGovID verified. DEASP have since reopened most of their Intreo offices.

Parents who do not have a Public Services Card can apply for the Scheme via the paper-based route. Parents can contact the NCS Parent Support Centre and arrange to have the correct application form sent out to them. For information on how to apply by post, parents can contact the Parent Support Centre on 01 906 8530, Monday to Friday from 9am to 5pm

The COVID-19 Pandemic has created major challenges for Ireland. The sudden closure of centre-based Early Learning and Care (ELC) and School Age Childcare (SAC) services on 12 March was an unexpected but necessary move to safeguard public health in Ireland.

It has always been communicated by my Department that subsidy awards are payable from the week they are claimed, and not the date of application. It is a key aspect of the scheme that all claims are paid in arrears based on the attendance of a child. As such, the child must be registered with a childcare provider and the provider must confirm that attendance. This is a key financial and governance control to ensure we are maximising the benefits of public monies and that the investment is following the child.

The work patterns of staff within my Department overseeing the National Childcare Scheme were unaffected by Covid-19 restrictions.

Further information and resources for parents are available at www.ncs.gov.ie.

EU Funding

Questions (975)

Jennifer Whitmore

Question:

975. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the national and EU funding initiatives for local authorities engaging in social inclusion initiatives with regard to migrant communities and asylum seekers; and if he will make a statement on the matter. [33649/20]

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Written answers

While my Department does not provide direct funding to local authorities for engaging in social inclusion initiatives with migrant communities and asylum seekers, my officials work closely with Local Authorities in resettling refugees arriving in the country under Irish Refugee Protection Programme (IRPP).

The Government avails of two sources of EU funding to support migrant integration programmes: the EU’s Asylum, Migration and Integration Fund (AMIF) 2014-2020 and the European Social Fund Programme for Employability, Inclusion and Learning (PEIL) 2014–2020. My Department is responsible for mobilising EU funding under the Asylum, Migration and Integration Fund (AMIF) while the Department of Education and Skills is the designated authority in Ireland for policy and operational matters related to the ESF PEIL. My Department is a beneficiary under that funding programme.

In 2015, as part of Ireland's response to the migration crisis in central and southern Europe, the Government established the Irish Refugee Protection Programme (IRPP). Under this programme, the Government committed to accepting up to 4,000 people into the State, primarily through a combination of the EU Relocation Programme and the UNHCR's Refugee Resettlement Programme. To date, more than 3,350 people have arrived in the State under the first phase of the Irish Refugee Protection Programme (IRPP) and it is expected that we will welcome the remaining complement in due course.

Last December, a second phase of the programme was announced giving a commitment to welcome a further 2,900 refugees between this year and 2023 through a combination of resettlement and community sponsorship. The Government also announced on 01 October that Ireland will welcome up to 50 people in family groups from Greece under the Irish Refugee Protection Programme (IRPP) following displacement from the Moria camp on the island of Lesbos due to the recent fire that destroyed the camp.

The implementation of the Irish Refugee Protection Programme (IRPP) for resettling refugees requires a high level of coordination among service delivery agencies at the local level, with support from my Department's IRPP team. Local authorities play a critical role in ensuring the success of each resettlement through a process carried out by an implementing partner with expertise in community integration and relevant supports.

The IRPP team have agreements with Local Authorities on numbers to be allocated to housing provided by the Local Authorities over a defined period. The IRPP funds a programme whereby the Local Authorities engage the implementing partner organisation to assist with the resettlement operations – providing advice, guidance, etc. to refugees once they settle in their new homes in the community. Each family has the support of an assigned resettlement worker to assist with the transition along with the support of a full-time Resettlement Support Worker and an Intercultural Support Worker. The Local Authorities are paid an agreed grant amount to fund this aspect of the operation. This is paid from Exchequer funding. However,a certain amount of that expenditure can be eligible for recoupment from the EU’s Asylum, Migration and Integration Fund (AMIF).

National Childcare Scheme

Questions (976)

Catherine Murphy

Question:

976. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the date on which persons will be able to make paper-based applications for the new national childcare scheme. [33669/20]

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Written answers

Paper-based applications for the National Childcare Scheme became available on 13th March 2020.

As of 20th October, 1,187 paper applications had successfully been completed.

Mother and Baby Homes Inquiries

Questions (977, 985, 987)

Thomas Pringle

Question:

977. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth when the sixth interim report of the Commission of Investigation into Mother and Baby Homes will be made available to Deputies; and if he will make a statement on the matter. [33691/20]

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Patricia Ryan

Question:

985. Deputy Patricia Ryan asked the Minister for Children, Equality, Disability, Integration and Youth if he will publish the sixth interim report of the Commission of Investigation (Mother and Baby Homes and certain related Matters); and if he will make a statement on the matter. [33836/20]

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Denis Naughten

Question:

987. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth the reason he has failed to publish to sixth interim report of the Commission of Investigation into Mother and Baby Homes; when it will be published, in view of the public comments of his predecessor; and if he will make a statement on the matter. [33859/20]

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Written answers

I propose to take Questions Nos. 977, 985 and 987 together.

The Sixth Interim Report from the Commission of Investigation into Mother and Baby Homes was submitted to the then Minister for Children and Youth Affairs in January 2020.

In the report, the Commission sought an extension to the timeframe for completing its work. This request was brought before Government at the relevant time and an extension was approved until June 2020. A request for a further extension was subsequently approved by Government to 30 October 2020.

Although it was a very short report, the Sixth Interim Report nonetheless raised complex legal and practical issues related to the completion of the Commission’s programme of work. In it, the Commission stated that it is obliged to redact sensitive personal information before depositing its records with the Minister. This includes redacting an important and unique database which it has created in the course of its investigation and which would be highly valuable in the provision of statutory adoption information and tracing services.

These issues have required intensive engagement with the both the Commission and the Office of the Attorney General. These were the issues which the Commission of Investigation (Mother and Baby Homes and certain related matters) Records, and another Matter, Act 2020 was enacted to resolve.

The report itself does not include findings by the Commission on the substantive matters which it was examining.

I will seek Government approval for the publication the Sixth Interim Report in tandem with the Final Report of the Commission of Investigation, to ensure its contents are available for everyone to examine.

Mother and Baby Homes Inquiries

Questions (978)

Thomas Pringle

Question:

978. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth when the seventh and final report of the Commission of Investigation into Mother and Baby Homes will be made available to Deputies; and if he will make a statement on the matter. [33692/20]

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Written answers

In clarification for the Deputy, the Commission of Investigation into Mother and Baby Homes and certain related Matters submitted a Seventh Interim Report to the then Minister for Children and Youth Affairs on 3rd June 2020. This report was subsequently published on 12th June and is available on my Department's website.

The Government has agreed that the Final Report of the Mother and Baby Homes Commission of Investigation, which was submitted to me on Friday October 30th, should be published as soon as possible .

However, there are a number of procedural matters to be considered before I will be in a position to bring the final report to Government seeking approval for its publication. These require me to refer the report to the Attorney General prior to publication. I did this immediately on receipt of the report last Friday and, to expedite publication, the Attorney General has ensured that additional resources are in place to review a very lengthy Report.

Once these procedures are completed, I will seek Government approval to publish the Report and share it with Deputies.

Departmental Correspondence

Questions (979)

Thomas Pringle

Question:

979. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the volume of correspondence his Department has received relating to the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and Another Matter, Act 2020; and if he will make a statement on the matter. [33693/20]

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Written answers

Since my appointment as Minister for Children, Equality, Disability, Integration and Youth, many people have contacted me about their time spent in the institutions under investigation and the impact this has had on them and their families. I want to acknowledge their engagement and their courage in sharing their deeply personal experiences with me. I want to ensure that those centrally involved have a strong voice in the deliberations and decisions that are to come and the Government has endorsed my commitment in this regard.

In recent weeks the volume of contacts increased significantly, primarily from those wishing to express their concern in relation to the published legislative proposals for the Commission's records, and the wider issues of access to birth records and related matters. The concerns primarily related to the issue of access to the archive of the Commission, and were not focused on the substantive purpose of the legislation before the Houses which was to preserve records and ensure that a valuable database could be immediately made available to support former residents.

Recognising that the broader issue of access the Commission's archive, while lying outside the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another matter, Act 2020, was an extremely important one, I committed to detailed engagement with the Attorney General on this matter. The Attorney has already provided important clarifications which should help to address the very important concern raised as it related to access to personal data. I also introduced a number of further amendments in the course of the passage of the legislation, and I believe these changes address a number of other concerns raised.

I know members of both Houses received significant volumes of correspondence on these matters. I do acknowledge and regret the genuine hurt and concern felt by many people across Irish society in relation to this issue. I am determined to take the necessary actions to ensure that these concerns are dealt with in a manner that is timely, appropriate and that is focused on the needs of victims and survivors.

I am committed to protecting the archive of records which I will receive from the Commission on its dissolution early next year and to ensure that the rights of all citizens to access personal information about themselves, under data protection legislation and the GDPR are fully respected and implemented.

My Department will continue to engage closely with the Office of the Attorney General Office and the Data Protection Commissioner, and additional resources will be provided where necessary to achieve this.

I will ensure that, throughout all of this process, engagement and consultation with former residents, their families and advocates will be central to the formulation and delivery of a comprehensive State response to these matters.

Mother and Baby Homes Inquiries

Questions (980)

Thomas Pringle

Question:

980. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth when personal data access requests will be available through his Department, as per general data protection regulation, GDPR, guidelines relating to the copies of files to be held by his Department following the submission of the final report of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [33694/20]

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Written answers

My Department will not be in possession of the relevant data until such time as the Commission transfers the records ahead of its dissolution in February 2021. The Department will ensure that appropriate and legal arrangements are developed during this period to process subject access requests, and comply with GDPR and Data Protection Acts.

In the interim I have committed to continued engagement with the Attorney General and the Office of the Data Protection Commissioner to ensure that the rights of all citizens to access personal information about themselves, under data protection legislation and the GDPR are fully respected and implemented.

Children in Care

Questions (981)

Thomas Pringle

Question:

981. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the number of young persons in care with an assigned and without an assigned social worker, per region, in tabular form; the length of time they have been waiting to be assigned; the number of urgent cases; and if he will make a statement on the matter. [33695/20]

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Written answers

The Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that Tula respond directly to the Deputy.

Children in Care

Questions (982)

Thomas Pringle

Question:

982. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the number of young persons in care with a care plan and without a care plan, per region, in tabular form; the length of time they have been waiting for a care plan; and if he will make a statement on the matter. [33696/20]

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Written answers

The Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that Tula respond directly to the Deputy.

Youth Services

Questions (983)

Thomas Pringle

Question:

983. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the information being collected and collated relating to young persons in rural areas, particularly in the north west; the supports and opportunities available to those young persons; and if he will make a statement on the matter. [33697/20]

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Written answers

While my Department does not generally collect and collate demographic information of the nature referred to by the Deputy, a recent survey entitled How's Your Head? was commissioned by my Department to gather information on the impacts of Covid-19 and the public health restrictions on young people in both rural and urban communities. This survey provides valuable data on the current experiences of young people living in rural areas, who were found to be particularly impacted by the sense of isolation associated with restrictions.

Youth services funded by my Department have played a critical role in supporting such young people throughout the ongoing challenging period. Youth services foster a sense of connection in addition to enabling young people to fulfil their potential by strengthening their personal and social competencies and developing their resilience and mental well-being.

Between 2016 and 2020 the annual current funding invested in youth schemes by the Department has increased from €51.9m to €61.79m. The UBU - Your Place Your Space, which was launched in July this year, is targeted at young people aged between 10 – 24 years who are vulnerable, disadvantaged or marginalised. Young people experiencing rural isolation are a particular target group of the scheme.

Allocation of funding under the UBU scheme follows a defined process taking account of quantitative and qualitative information to objectively identify the needs of young people within a particular area. This approach ensures that we can target supports to the young people most in need of intervention and that funding is allocated on the basis of evidenced need.

My Department also funds more universally-focussed, volunteer-led, youth work through the Youth Service Grant Scheme, which supports young people in both rural and urban communities throughout the country.

In recognition of the key role of the youth sector in supporting young people through the pandemic, I have secured an additional €5 million for youth services in 2021.

My Department also funds Growing Up in Ireland (GUI), the national longitudinal study of children in Ireland. The GUI collects data on children and young people across Ireland, which could be analysed to provide further information about the situation of children and young people living in rural areas. The Deputy may be interested to know that under Commitment 59 of ‘Rural Policy 2020’, data from the GUI will form the basis of a research report on outcomes for children and young people in rural Ireland that will be commissioned by the Department of Rural & Community Development.

Covid-19 Pandemic

Questions (984)

Peadar Tóibín

Question:

984. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if there is an expedited testing regime for the childcare sector to keep providers open; and the reason teachers can receive the flu vaccine for free while operators in the childcare sector must pay. [31375/20]

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Awaiting reply from the Department.
Question No. 985 answered with Question No. 977.

Data Protection

Questions (986)

Mary Lou McDonald

Question:

986. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth the number of data protection breaches identified within his Department in 2019. [33839/20]

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Written answers

My Department identified nine personal data breaches in 2019. Three of the data breaches were reported to the Data Protection Commission, with none requiring further action.

Question No. 987 answered with Question No. 977.

Mother and Baby Homes Inquiries

Questions (988)

Denis Naughten

Question:

988. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth further to the Cabinet decision last week on the application of general data protection regulation, GDPR, to mother and baby home records, if this personal information will also cover vaccination records and vaccine trial records; and if he will make a statement on the matter. [33860/20]

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Written answers

The application of GDPR will apply to the full archive of the records of the Commission of Investigation into Mother and Baby Homes which is due to be deposited with my Department by 28 February 2021. The Commission was expressly tasked with examining certain vaccine trials so it is possible that the archive may contain relevant information.

My Department will continue to engage closely with the Office of the Data Protection Commissioner and the Attorney General to ensure that the rights of all citizens to access personal information about themselves, under data protection legislation and the GDPR are fully respected and implemented, and additional resources will be provided where necessary. My Department will provide appropriate guidance for individuals in good time to assist persons wishing to access personal information from this archive when its transfers to my Department.

For the avoidance of any doubt, it is important to clarify that the Commission is not in possession of original departmental or State records. State records, remain in the possession of the relevant public bodies and access is regulated in accordance with existing statute.

Covid-19 Pandemic

Questions (989, 1003, 1022, 1025, 1037)

Holly Cairns

Question:

989. Deputy Holly Cairns asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to students being denied refunds on private student accommodation after returning home due to ongoing Covid-19 restrictions; and if he will make a statement on the matter. [32415/20]

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Niamh Smyth

Question:

1003. Deputy Niamh Smyth asked the Minister for Further and Higher Education, Research, Innovation and Science if a case (details supplied) can be reviewed and clarity provided on same in order that the persons can avail of a refund; and if he will make a statement on the matter. [32458/20]

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Michael Collins

Question:

1022. Deputy Michael Collins asked the Minister for Further and Higher Education, Research, Innovation and Science if he will liaise with the third level sector in relation to advance payment for accommodation by students; if refunds will be offered to any student who has paid upfront for his or her accommodation (details supplied); and if he will make a statement on the matter. [33046/20]

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Claire Kerrane

Question:

1025. Deputy Claire Kerrane asked the Minister for Further and Higher Education, Research, Innovation and Science if he will contact a student accommodation provider (details supplied) that is refusing to issue refunds or partial refunds to students in which their college courses have moved online in line with Covid-19 restrictions; and if he will make a statement on the matter. [33241/20]

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Brendan Griffin

Question:

1037. Deputy Brendan Griffin asked the Minister for Further and Higher Education, Research, Innovation and Science if he will engage with higher education institutes to address situations in which persons are paying for accommodation that they do not use (details supplied); if he will take a hard line with bodies not applying flexibility to students and their families; and if he will make a statement on the matter. [33773/20]

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Written answers

I propose to take Questions Nos. 989, 1003, 1022, 1025 and 1037 together.

On 25th September intensified protective measures in third level were announced, in line with public health advice. On-site activity in further and higher education will be minimised so long as these measures are in place. Campuses will remain open to facilitate learners and researchers in accessing laboratories, practicals and apprenticeship training, scheduled library attendance and small group activity on a prioritised basis. With the country being placed on Level 5 of the Plan for Living with COVID for a period of six weeks, it is clear that this will be the case for the remainder of the first semester.

I appreciate that this is disappointing for students who had hoped to have as much time on campus as possible, however these measures are very important from a public health perspective in controlling the spread of the Coronavirus.

Responding to these issues is a significant matter of concern for myself and for my colleague the Minister for Housing, Local Government and Heritage and we are examining how accommodation providers can be encouraged to show greater flexibility to students during this challenging time.

The Deputy will be aware that the university sector is already engaging with these issues. I will continue to liaise with the sector through the Irish Universities Association to encourage the availability of fair solutions to students in university-owned student accommodation. The majority of universities have confirmed that students who choose not to take up their accommodation will receive a refund and I have made it clear that I wish to see this principle applied by all universities.

For students in the private rental market, I am urging providers to be flexible in finding solutions given the circumstances in which students find themselves. There are, however, no powers available to me under the current legal framework to direct any particular course of action. Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached. If this is not possible, students have access to the Dispute Resolution Services of the Residential Tenancies Board.

I have asked my Department to continue to engage with the Department of Housing, Local Government and Heritage to monitor and report to me on developments on student accommodation issues in order to ascertain whether any further policy response is feasible.

Higher Education Institutions

Questions (990)

Eoin Ó Broin

Question:

990. Deputy Eoin Ó Broin asked the Minister for Further and Higher Education, Research, Innovation and Science the reason a person (details supplied) who had been offered and accepted a CSO college offer subsequently had that offer removed, despite the fact that fees had been paid; if such a withdrawal is permitted by his Department; and if it will be ensured the person does not lose their college place. [32589/20]

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Written answers

Universities and Institutes of Technology are autonomous and determine their own procedures for admission. The CAO process applications for undergraduate, and some postgraduate, courses on their behalf.

Decisions on admissions are made by the higher education institutions who then instruct the CAO to make offers to successful candidates. Therefore neither I nor my Department have a function in relation to such matters and it is not within my remit to intervene in individual cases.

I understand, based on the information available to me, that subsequent to the applicant in question receiving an offer it was discovered that the incorrect exam results were associated with their CAO application, and the offer had been made on that basis. Where an error comes to the attention of the CAO after Round One offers have issued, they then update the account information and consequently the offers issued. A number of these adjustments are made each year due to applicant omissions or errors, or administrative errors caused by the higher education institutions or CAO.

If an applicant has an issue with their CAO application that is not resolved to the applicant’s satisfaction, the option to appeal is available. The CAO has an Independent Appeals Commission, to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly.

Appeals should be addressed to: The Secretary, CAO Independent Appeals Commission, c/o Tower House, Eglinton Street, Galway, Ireland.

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