Written Answers Nos. 169-188
169. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the actions his Department has taken since he took office to engage with the collaborative forum. [35644/20]
View answer171. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the groups his Department has contacted regarding the mother and baby homes legislation; and the dates when his Department made contact. [35646/20]
View answerI propose to take Questions Nos. 169 and 171 together.
In the course of developing the Commission of Investigation (Mother and Baby Homes and certain related matters) Records, and another Matter, Bill 2020, it was recognised that the compressed timeframe available to bring the legislation through the Houses, to ensure that the records could be protected ahead of the dissolution of the Commission, was a cause of concern as it would limit the opportunities for consultation. I do accept and sincerely regret the genuine hurt and concern felt by many survivors in relation to the levels of engagement and communication during this process.
My Department has a long standing practice of engagement with stakeholders on matters in relation to the Commission of Investigation. I can confirm that the General Scheme and Heads of Bill were circulated at the initiation of the legislative process to the stakeholders who engage with my Department.
In addition, I did engage with opposition Deputies and Senators prior to the Bill being initiated in each of the Houses. As would be expected there was contact with the Attorney General and his Office and liaison and the Data Protection Commissioner to explore the data protection complexities.
I am committed to ensuring that on-going engagement and consultation with former residents, their families and advocates now and into the future will be central to the formulation and delivery of a comprehensive State response on all matters related to the Mother and Baby Homes issues.
During 2020, the members of the Forum have been appraised of developments and updated on matters related to the Commission of Investigation by the Secretariat to the group. It is the practice and policy of my Department to issue updates and announcements to the Forum and other relevant stakeholders before they are issued more generally.
Notably, with regard to the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020, the Forum and other stakeholders were the first to receive news of the Government's support for the development of legislation to address the difficulties and opportunities raised by the Commission, and subsequent development related to publication of the Bill.
The Commission of Investigation into Mother and Baby Homes and certain related Matters has now submitted its final report, and I recognise the importance of consultation and dialogue with those who have lived experiences of these institutions. I have commenced direct engagement with Forum members and other former residents and their advocates. I am fully committed to ensuring that the voices of survivors are heard and that they will be central to the formulation and delivery of a comprehensive State response to the Commission’s final report.
170. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of personnel employed within his Department who are working solely within the remit of mother and baby homes. [35645/20]
View answerThe Deputy may wish to be aware that the number of staff employed in my Department working solely within the remit of the Mother and Baby Homes is 8.
172. Deputy John Lahart asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to an incident (details supplied) in a direct provision centre; if he has launched an investigation into the incident; and if he will make a statement on the matter. [35691/20]
View answerI am aware of the tragic case to which the Deputy refers. However, I am unable to comment on the specific details pertaining to individual cases.
A critical incident policy is in place to provide guidelines for my Department staff and accommodation centre managers and staff in the event of the death of a resident. All deaths and serious incidents that occur within accommodation centres provided by the Department are referred to the Gardaí as a matter of course and the Gardaí in turn refer all deaths to the local Coroner’s office. Investigations and inquests into the cause of a death are matters for those authorities. We will of course act on any recommendations which may be made following completion of these processes.
The pandemic has been difficult for our residents, as for other groups throughout Irish society. Our priority has been to ensure the health of our residents. To that end, we have worked closely with the HSE with regard to the public health requirements needing to be followed when we have positive or suspected cases of Covid-19 in our centres.
It is important to note that services for protection applicants (including health services) are mainstreamed. Protection applicants are linked with primary care services (GPs), are entitled to a medical card while residing in International Protection accommodation. Applicants access health services through the same referral pathways as Irish citizens including referral to disability and mental health services. Every effort is made to ensure that residents' specific needs are met. Where more intensive care needs are identified such cases are referred directly to the HSE.
If a protection applicant chooses to accept an offer of accommodation from the Department, they will, in normal circumstances, be first brought to the National Reception Centre in Balseskin, Dublin. At Balseskin, they will be offered a health assessment by the on-site Health Service Executive (HSE) team which comprises a nurse, nurse specialist, area medical officer, general practitioners (GPs), social worker and psychologist. This ensures that applicants can be assessed for any special reception needs that they may have before they are designated an accommodation centre. Discussions are ongoing between the relevant senior officials in my Department and the HSE to enable formal vulnerability assessments for applicants for international protection to be in place by the end of the year.
My Department is currently developing a White Paper on International Protection that will set out a new model for accommodation for those seeking International Protection in line with the commitment in the Programme for Government to abolish Direct Provision. The issue of health supports for vulnerable residents will be considered in this context.
173. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth if his Department or bodies under the aegis of his Department rent office space from a company (details supplied) or an Irish subsidiary; the number of employees who work out of such office space; the length of time they have been working from the offices; the cost to date of renting such offices; the tender process by which it was decided to make use of the services of the company; and if he will make a statement on the matter. [35708/20]
View answerI can confirm to the Deputy that my Department and bodies under its aegis do not rent office space from the named company or an Irish subsidiary.
174. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth his views on matters raised in correspondence (details supplied); and if he will make a statement on the matter. [35741/20]
View answerI am conscious of demands on parents at this time. I hope that the additional measures, introduced by the Government in recent years, to support working parents are helping to ease some of these demands.
Parental leave, which is available to either parent, was increased from 22 to 26 weeks on 1 September 2020. Parents can take parental leave for each eligible child before their 12th birthday. Both parents have an equal separate entitlement to parental leave. The leave is generally not transferrable between parents as the intention behind this leave is to encourage and facilitate both parents to spend time with their child.
Furthermore, in addition to maternity leave, each parent may now also avail of two weeks of parent’s leave during the first year of a child’s life and may qualify for parent’s benefit during this period. The Government intends to extend parent's leave from two weeks to five weeks for each parent of all children born or adopted on or after 1 November 2019. The Government also intends on extending the period in which parent's leave can be taken up until that child turns two or, in the case of an adoption, two years after the adoption placement date of the child. This extension will apply to parents who may have already availed of their existing entitlements.
Provisions for family leave will continue to be reviewed by the Government and policy development is ongoing in this important area.
175. Deputy Richard Boyd Barrett asked the Minister for Further and Higher Education, Research, Innovation and Science the reason a person (details supplied) has been refused a SUSI grant; and if he will make a statement on the matter. [35476/20]
View answerAs part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.
This service, which was set up at the behest of Oireachtas members, complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter. Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. Staff in SUSI are responding to email queries within a matter of days.
With regard to the specific application, I have been advised by my officials that the student in question submitted an application to SUSI as a mature independent student in July 2020. The application was cancelled in August as the applicant was under 23 at her first point of entry into Higher Education and does not have a 3 year break in studies to be reclassified as a Mature Independent student. The student in question then re-applied as a mature dependent student in October 2020. The application has been assessed and a checklist letter was sent 20/10/2020 requesting additional documents. No documents have been received to date by SUSI.
176. Deputy Joe Carey asked the Minister for Further and Higher Education, Research, Innovation and Science the educational qualifications accruing to graduates of the GMIT Mountbellew bachelor of business in rural enterprise and agribusiness; if this qualification accredits those who have completed and graduated from the course at level 6 advanced certificate in agriculture through an equivalence arrangement with Teagasc; and if he will make a statement on the matter. [35458/20]
View answerGMIT offers bachelor of business in rural enterprise and agri-business programmes which result in awards at both Levels 7 and 8 on the National Framework of Qualifications (NFQ).
On successful completion of years 1 and 2 of these programmes, students may apply to Teagasc for a letter of equivalence to a QQI Green Cert (Specific Purpose Certificate in Farm Business Administration).
Specific information on these awards and details of their course content is available from GMIT as the provider and awarding body in question.
177. Deputy Catherine Connolly asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 1018 of 3 November 2020, if his attention has been drawn to the report (details supplied); if he has read the report; if he or his Department has engaged with the University of Limerick on the report; the actions he or his Department will take on foot of the report; and if he will make a statement on the matter. [35498/20]
View answer178. Deputy Catherine Connolly asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 1018 of 3 November 2020, if he has engaged with them Higher Education Authority on the report; the actions the HEA will take on foot of the report; and if he will make a statement on the matter. [35499/20]
View answerI propose to take Questions Nos. 177 and 178 together.
Universities, including University of Limerick (UL), are autonomous institutions with responsibility for the management of their day-to-day affairs which may in some instances, require the examination and reporting on specific matters within the university. In that context, and as previously advised, the report referred to by the Deputy was instigated by UL. The university has advised that the report was compiled by an independent expert external to the university. In that context, the Department and the Higher Education Authority (HEA) have had no involvement in it.
A copy of the report has not been submitted to my Department or to the HEA and therefore I am not in a position to comment on its contents. However, the university advises that the high level outcomes and recommendations from the report have been communicated to the Governing Authority.
179. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the breakdown of the funding allocation for his Department for 2021, by project and initiative. [35501/20]
View answerA summary of the Department of Further and Higher Education, Research, Innovation and Science funding allocations for 2021 is set out in Chapter 9 (pages 83 to 88) of the 2021 Expenditure Report that was published on 13 October 2020 as part of 2021 Budget day documentation. This sets out the main areas identified for funding in 2021, with the caveat that this does not reflect transfers of funding and functions which will take place from the Department of Enterprise, Trade and Employment. The full details on the 2021 allocations for each Departmental Vote will be set out, as usual, in the Revised Estimates Volume (REV) which is due to be published in December 2020.
180. Deputy Neasa Hourigan asked the Minister for Further and Higher Education, Research, Innovation and Science the cost of renting office space, including for public bodies, from a company (details supplied) in 2019 and to date in 2020, in tabular form. [35612/20]
View answerThe renting / leasing of Government offices is the responsibility of the Property Management Services in the Office of Public Works, which acts as an agent for all Government Departments. The number, terms and cost of the leases is a matter for the OPW.
The information requested by the Deputy concerning the cost of rental of office space from the company in question in regard to my Department’s aegis bodies is not readily available in the time available. Officials in my Department are in contact with the aegis bodies and I will arrange to have the material forwarded to the Deputy should any such contracts exist.
181. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the status of his plans to amend the Industrial Training Act 1967 to cover certain areas of activity currently excluded from the development of apprenticeships as laid out in the legislative programme; and if he will make a statement on the matter. [35633/20]
View answerThe Industrial Training Act, 1967 sets out a framework for the regulation of some key aspects of apprenticeship. It provides for the designation of an industrial activity as one in which apprenticeship shall apply, the establishment of register of apprentices and the power to make rules governing apprenticeships subject to consultation with the industrial training committee representing workers and employers and the relevant Minister.
The definition of ‘Activity of Industry’ as continued within the Act currently excludes an activity of agriculture, horticulture or fishing which is an activity of primary production, or any activity of a professional occupation. Potential education and training programmes under development in these areas include apprenticeships in applied horticulture, farm management and farm technician as well as applied accounting and advanced quantity surveyor.
Work on the process to amend the legislation is ongoing. The consultation to inform the drafting of Heads of Bill is complete and it is expected that the amendments to the legislation will be progressed in the coming months.
182. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 184 of 5 November 2020, the reason a student (details supplied) has been granted financial support from the student support scheme that specifies that it must be used for accommodation purposes; if she will assure students that this funding can be used for other purposes given the Covid-19 restrictions; and if he will make a statement on the matter. [35658/20]
View answerThe response provided to the Deputy for Parliamentary Question 184 of 5 November 2020 was provided in relation to the Student Grant Scheme where it is at the student’s discretion how the student grant is utilised. However from the details supplied to the current question the query relates to the Student Assistance Fund rather than the Student Grant Scheme.
Students in third-level institutions experiencing exceptional financial need can apply for support under the Student Assistance Fund. This Fund assists full-time and part-time students, in a sensitive and compassionate manner, who are unable to meet costs associated with day-to-day participation in higher education. Eligible costs include books and other class material that are required to enable students to continue and participate in teaching and learning, rent, heating and lighting bills and other utility bills such as mobile phone data plans, food, essential travel, childcare costs, medical costs and family difficulties. Funding is not available to assist students with the costs of tuition fees, registration fees, student loans or any costs that are borne by the HEI.
Details of this fund are available from the Access Office in the higher education institution (HEI) attended. The fund is managed at local HEI level but is informed by guidelines issued annually by the HEA. Para 3.8 of the guidelines does state “When receiving awards, students should sign a form of undertaking that (a) they have received the amount stated and (b) that it will be used for the purpose intended” . Institutions do have the autonomy to maximise the flexibility in the Student Assistance Fund to support students during the Covid 19 pandemic.
183. Deputy Matt Carthy asked the Minister for Further and Higher Education, Research, Innovation and Science if his Department or bodies under the aegis of his Department rent office space from a company (details supplied) or an Irish subsidiary; the number of employees who work out of such office space; the length of time they have been working from the offices; the cost to date of renting such offices; the tender process by which it was decided to make use of the services of the company; and if he will make a statement on the matter. [35715/20]
View answerThe renting / leasing of Government offices is the responsibility of the Property Management Services in the Office of Public Works, which acts as an agent for all Government Departments. The number, terms and cost of the leases is a matter for the OPW.
The information requested by the Deputy concerning the cost of rental of office space from the company in question in regard to my Department’s aegis bodies is not readily available in the time available. Officials in my Department are in contact with the aegis bodies and I will arrange to have the material forwarded to the Deputy should any such contracts exist.
184. Deputy Martin Kenny asked the Minister for Justice the reason a person (details supplied) was refused permission to remain in the State; and if she will make a statement on the matter. [35500/20]
View answerThe person concerned has been informed by letter that there has been a negative international protection decision in relation to their case and that they no longer have permission to remain in the State. Before making this decision, a detailed consideration will have been carried out of all aspects of the person’s case, including their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues.
They are required to confirm within five days if they will accept the option of voluntary return, for which my Department will provide assistance. If they do not confirm that they will leave voluntarily, a deportation order will be made against them.
The five day timeline is set down in primary legislation so must be adhered to in official correspondence. However, I understand a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days – they are required to indicate an intention to do so. Obviously, the time taken for voluntary return arrangements to be made will take into account all factors, including Covid-19 based restrictions and the limitations to travel this has created. I have asked my officials to review the process of issuing such letters during Level 5 restrictions.
As the Deputy may be aware, the Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process has recommended that the five day period for deciding whether to exercise the voluntary return option should be extended to 30 days and that children and students be allowed to finish the school year before departure. This, along with all other recommendations relevant to the work of my Department, will be actively considered by a Programme Board I have established for this purpose. Their work will feed into the development of the White Paper by the end of this year, in line with the Programme for Government commitment.
If a Deportation Order is subsequently made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. I encourage people to be as detailed as possible in their representations so that we can make fully informed decisions at the appropriate time.
185. Deputy Martin Kenny asked the Minister for Justice the breakdown of the funding allocation for her Department by project. [35506/20]
View answerI wish to inform the Deputy that a gross expenditure budget of €474.166 million (€399.509m net) was provided for the Department of Justice Vote (Vote 24) in the recent Budget Day estimates for 2021. The Budget Day Estimates are available at the following link and the Justice Vote Estimate is at page 216:
http://www.budget.gov.ie/Budgets/2021/Documents/Budget/Part%20III%20-%20Estimates%20for%20Public%20Services%202021.pdf
This estimate is allocated across two programmes; the Criminal Justice Pillar and the Civil Justice Pillar. In all, there are approximately forty different subheads across the two programmes incorporating a number of agencies and subheads on the criminal justice side such as Criminal Assets Bureau, Forensic Science Ireland and agencies and subheads such as the Legal Aid Board and Insolvency Service Ireland etc. on the civil justice side.
The Deputy will be aware that the specific budgetary allocation for each individual subhead will be published in the Revised Estimate Volume in December.
186. Deputy Emer Higgins asked the Minister for Justice the timescale for the implementation of the family courts Bill announced on 30 September 2020; and if she will make a statement on the matter. [35516/20]
View answer193. Deputy Verona Murphy asked the Minister for Justice the timescale for the implementation of the family courts Bill announced on 30 September 2020; and if she will make a statement on the matter. [35735/20]
View answerI propose to take Questions Nos. 186 and 193 together.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.
In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.
In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.
The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.
The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.
The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.
187. Deputy Richard Boyd Barrett asked the Minister for Justice if the Judicial Council, with which persons could lodge complaints against members of the Judiciary, as set out in legislation passed in July 2019, has been set up; if not, when it will be set up; the reason for the delay; and if she will make a statement on the matter. [35549/20]
View answerThe Judicial Council was established on 17 December 2019 in accordance with the terms of the Judicial Council Act 2019. Orders bringing various sections of the Act into operation were made by my predecessor last year. The Council is independent in the performance of its functions and I do not have a role in its operation or that of its committees. Under the Act, the Chief Justice is the Chair of the Council.
The Act provides for the establishment of a number of committees including a Judicial Conduct Committee to promote and maintain high standards of conduct among judges. All committees have been established.
The Judicial Conduct Committee was formally established with effect from 30 June 2020 and is required under section 43 of the Judicial Council Act 2019, to submit to the Judicial Council Board draft guidelines concerning judicial conduct and ethics, within 12 months of its establishment.
The outer limit for submission of the guidelines is set in legislation however this does not preclude the earlier development of guidelines.
Once the guidelines have been adopted by the Judicial Council, I will make Orders bringing into operation those provisions of the Act which have not yet been commenced.
Further details on the Judicial Council, its committees and their work is available at www.judicialcouncil.ie.
188. Deputy Neasa Hourigan asked the Minister for Justice the cost of renting office space, including for public bodies, from a company (details supplied) in 2019 and to date in 2020, in tabular form. [35615/20]
View answerThe majority of properties occupied by my Department are owned or leased on its behalf by the Office of Public Works (OPW). Any short term accommodation type leased by my Department and it’s agencies directly is for private office space only.
Having sought confirmation from agencies under the remit of my Department, I can confirm that neither the Department nor it's agencies have rented office space from WeWork Companies LLC or an Irish subsidiary of theirs.
I have also referred your question to the office of the Garda Commissioner and I will issue their response to the Deputy in line with Standing Orders.
