Written Answers Nos. 1078-1102
1078. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if the Assisted Decision-Making (Capacity) (Amendment) Bill, which is listed in the legislative programme for spring 2021, now belongs to his Department; the reason it is not under the remit of the Minister for Health; and if he will make a statement on the matter. [14588/21]
View answerI can confirm that the Assisted Decision-Making (Capacity) (Amendment) Bill is the responsibility of my Department. It transferred to my Department from the Department of Justice in October last year under S.I. No. 436/2020 Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020. This legislation was not the responsibility of the Minister for Health but has transferred to me because it is a key part of the reforms necessary to implement the Convention on the Rights of Persons with Disabilities for which I am responsible.
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) provides a modern statutory framework to support decision-making by adults with capacity difficulties. It ultimately provides for the end of the wardship system and the establishment of a new Decision Support Service (DSS). The 2015 Act is primarily the policy responsibility of my Department except for Part 8 of the 2015 Act which deals with advance healthcare planning and is the responsibility of the Department of Health.
My Department chairs the Inter-Departmental Steering Group (IDSG), previously under the remit of the Department of Justice and Equality, which includes the Decision Support Service, the Mental Health Commission, the Courts Service, the HSE and the Department of Health. Its remit is to ensure that IDSG members are taking the actions necessary to ensure that the 2015 Act is commenced by June 2022. To this end I secured a budget of €5.8m for 2021 for the DSS to enable it to develop the necessary systems, including IT systems, to become operational. My officials are also working on the Assisted Decision-Making (Capacity) (Amendment) Bill with the aim of enactment by year-end.
1079. Deputy Michael Creed asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 128 of 10 March 2021, the reason for the substantial increase in the cost of the direct provision system in 2019 and 2020; and if he will make a statement on the matter. [14611/21]
View answerAs noted to the Deputy in my answer to Parliamentary Question No. 628 of 10 March 2021, there was a spend of €183.037 million in 2020 on the provision of accommodation and services for International Protection applicants compared to €129.408 million in 2019, an increase of €53.629 million.
I am committed to improving conditions in our International Protection accommodation centres. As such, six new accommodation centres were opened in 2020, all of which provide facilities for independent living with two also providing own door accommodation. The addition of the new centres contributed to an increased spend of €24.8 million between the years 2019 and 2020. This increase accounts for 46% of the total increase between the two years.
Since March 2020 many measures have been put in place by IPAS in response to Covid-19 which also contributed to the increase in costs. These include increased capacity to support physical and social distancing; improved provision for self-isolation facilities in centres; offsite self-isolation and quarantine centres; and enhanced cleaning regimes and provision of PPE. These measures account for over one-third of the total increase in spending between the years 2019 and 2020, adding €19.2 million to the spend in 2020.
While the onset of the Covid-19 pandemic and the introduction of global travel restrictions resulted in a decrease in the number of new international protection applications being made in 2020, the number of residents being accommodated by my Department remained high and the necessary use of temporary accommodation centres continued. However, we have managed to greatly reduce the numbers of premises being used for this purpose from 44 since peak use in early 2020 to 24 now. The continued need for the use of temporary accommodation contracts accounted for an increase of €9.5 million in 2020.
Additional utility costs in the State-owned accommodation centres accounted for the remainder of the increased costs.
1080. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 164 of 25 October 2018, the way in which he plans to ensure that direct provision centres will provide period products to all residents who need them; and if he plans to amend the direct provision contracts for the products to be procured and distributed to direct provision centres. [14699/21]
View answerAs part of the initiative to prevent period poverty and promote gender equality I can confirm that, as of 15 March 2021, period products are now provided free of charge in all International Protection accommodation centres across the country.
From 15 March 2021, residents being accommodated in centres that offer the points-based foodhall system will no longer have points deducted when obtaining period products. Residents living in centres without this facility will continue to receive period products free of charge from centre management. Details of this initiative will also be published in the residents’ newsletter for March.
Centre management have been instructed to invoice the International Protection Procurement Services (IPPS) in my Department to recoup any additional costs they incur as a result of this change.
1081. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth the number of couples and individual persons who have been approved to adopt a child and who are currently waiting to do so; and if he will make a statement on the matter. [14702/21]
View answerAs the subject matter of the Deputy's question relates to an operational matter for Tusla and the Adoption Authority of Ireland, I have referred the matter to them for a direct reply.
1082. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth the number of same-sex couples who have adopted a child in each year from 2015 to date; the barriers that exist in terms of same sex couples obtaining legal rights in this area; and if he will make a statement on the matter. [14703/21]
View answerAs the subject matter of the Deputy's question relates to an operational matter for the Adoption Authority of Ireland, I have referred the matter to them for a direct reply.
1083. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth the measures his Department has taken to promote adoption as a positive alternative for children in vulnerable circumstances; and if he will make a statement on the matter. [14704/21]
View answerThe Adoption (Amendment) Act 2017 provides important opportunities for some children, who might otherwise have spent years in foster care and for whom adoption is considered an appropriate intervention, to have the security of a permanent, adoptive family.
In particular for children in care, the Adoption (Amendment) Act 2017 includes the right of any child to be adopted, irrespective of the marital status of his or her parents, where both parents consent to the placing of the child and to the making of an adoption order.
The Act introduced a new test in cases of the adoption of children whose parents fail in their duty towards them. It provides for the adoption of a child who has been in state care continuously for a period of 36 months and where there are no reasonable prospects that birth parents will be able to care for the child. The adoption order is granted only if the child has lived with the applicants continuously for not less than 18 months. The Act emphasises that in the resolution of these cases the best interests of the child shall be the paramount consideration. By contrast, previously, it had to be shown that the parents' failure to care for the child would continue until their 18th birthday before an adoption could be progressed.
Where a child in care wishes to be adopted by their foster parents, Tusla Adoption Services work with the Adoption Authority of Ireland to progress these adoptions. In 2019, there were 21 children adopted from long term foster care.
My Department continues to engage with Tusla and the Adoption Authority of Ireland on this issue.
1084. Deputy Richard Bruton asked the Minister for Children, Equality, Disability, Integration and Youth the five most recent significant capital projects in the major functional responsibilities of his Department that have required his sanction; the time that elapsed between the initial submission of the proposal for consideration until the construction commenced; the significant elements making up this period; the time spent in assessment prior to approval in the planning process; the time spent in assessment prior to approval in the procurement process of contractors; and the way this duration compared with the targeted time to delivery set out at the outset of the process. [14772/21]
View answerMy Department's total capital provision as a proportion of total gross allocation is less than 2% in 2021 or €36.1m (including capital carryover of approx €4.1m from 2020). My Department has not to date undertaken significant capital projects as envisaged by the Deputy's question.
Capital allocations in my Department in 2021 are made in four policy areas, namely:
- Tusla capital works (€18.7m)
- Early Years capital programmes and schemes (€11.1m)
- Oberstown Children Detention Campus minor capital works (€3.3m)
- Youth Services and Organisations capital grants (€3m).
These allocations include, in some cases, carryover from the 2020 allocations.
Further details of the Department's capital spend and related approvals are set out below.
Tusla: the largest of my Department's capital allocations in 2021 (€18.7m) include two building projects by Tusla, in Limerick and Portlaoise, which were approved by my predecessor in 2019.
Early Years: In late 2020, I approved €10.5m for an Early Years Learning and Care and School Age Childcare Capital Grant Programme in 2021 to support childcare services to become compliant with Fire Safety Regulations and Standards. My Department also funds two smaller capital grant schemes in 2021 to the value of €0.25m each, namely an Early Years Parent and Toddler Groups Grant Scheme and a Childminder Development Grant Scheme.
Oberstown Children Detention Campus: Oberstown's most recent significant capital project concluded in 2018. There are ongoing requirements for small scale capital expenditure. The €3.3m allocated in 2021 includes funding for building refurbishments and vehicle purchases. Ministerial approval is not specifically required for these capital expenditure items.
Youth Services and Organisations capital grants: In early 2021, I announced the disbursement of capital funding of €3m for minor works and equipment costs in the youth sector. This also includes small capital grants to support local authorities to improve playgrounds.
1085. Deputy Gary Gannon asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to carers on carer’s leave who are unable to return to work due to continuing care needs brought about through the Covid-19 pandemic; if he will consider an extension to current carer’s leave arrangements due to this; and if he will make a statement on the matter. [14831/21]
View answerSection 6 of the Carer's Leave Act 2001 provides that employees with at least one year's continuous service are entitled to take up to 104 weeks of carer's leave to enable them to provide full-time care and attention to a person who is in need of such care.
Carer's Leave is unpaid but an employee may also qualify for Carer's Benefit or Carer's Allowance, the payment of which is a matter for the Minister for Social Protection.
There are no plans to amend the Carer's Leave Act at present.
1086. Deputy Pádraig Mac Lochlainn asked the Minister for Children, Equality, Disability, Integration and Youth if he will virtually meet representatives of a service (details supplied) to hear the challenges that it faces in maintaining the vital service at a time of unprecedented demand and the need for adequate State funding to be provided to same. [14891/21]
View answerI understand that the service in question is in receipt of funding from Tusla, the Child and Family Agency for the provision of counselling services to children.
Tusla has responsibility for the care and protection of victims of domestic, sexual and gender-based violence (DSGBV). Tusla provides funding to some 60 services throughout the State that work with and support survivors of DSGBV.
With regard to domestic violence, core funding is provided to two domestic violence services in the Donegal area, Donegal Women’s Domestic Violence Service (DWDVS) and Donegal Women’s Centre. DWDVS is the primary organisation delivering domestic violence support services across Donegal, including Inishowen.
While I am happy to meet with the organisation referred to by the Deputy, I have no direct role with regard to how Tusla undertakes its day to day operations. In this case I might suggest that the Deputy should in the first instance assist the organisation in seeking a meeting with Tusla representatives.
Tusla has acknowledged that accessibility is an issue for many service users in rural areas, and supports organisations to develop and enhance outreach services in order to improve service access. Significant funding has been provided to services in recent years for this purpose.
I understand Tusla has concerns that a duplication of service provision might lead to a risk of fragmentation of services, particularly where organisations provide similar services in the same geographical area. I have been assured by Tusla that services for children and families in Inishowen that are affected by domestic violence will continue to be provided by other funded service providers in County Donegal.
1087. Deputy Paul Kehoe asked the Minister for Children, Equality, Disability, Integration and Youth when the legislation for parental benefit will be passed; the earliest date on which it can be applied for; and if he will make a statement on the matter. [14988/21]
View answerThe Parent’s Leave and Benefit Act 2019 introduced two weeks of paid Parents' Leave for each parent to be taken in the first year after the birth or adoptive placement of a child.
In December 2020, the Government approved the drafting of a Parents' Leave Bill to provide an additional three weeks of paid Parents' Leave to each parent, and to extend the period in which the leave can be taken to the first two years after the birth or adoptive placement of a child.
The Government published the Family Leave Bill 2021 on 9 March 2021 which provides for these amendments and the Bill completed all stages in the Seanad on 22 March 2021. The Bill is being considered by the Dáil at second stage today. The aim is that this legislation will be enacted by the beginning of April 2021 and that parents will be able to apply for Parents' Leave immediately thereafter.
1088. Deputy Paul Donnelly asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of all section 56 organisations; and the contact email of each, in tabular form. [14990/21]
View answerI can inform the Deputy that Tusla publishes considerable information on its funding of bodies under section 56 of the Child and Family Agency Acts 2013. For example, Appendix 1 of the Tusla's Annual Financial Statements for 2019 provides a list of organisations that received payments equal to or greater than €50,000 in that year. These are published at https://www.tusla.ie/uploads/content/Tusla-Annual-Report-2019-eng-web.pdf and were laid before the Houses of the Oireachtas in June 2020.
Benefacts also provides a useful database of Irish nonprofits which may assist. https://www.benefacts.ie/
As the Deputy's question refers to an operational matter for Tusla, the Child and Family Agency, I have asked Tusla to respond to the Deputy directly.
1089. Deputy Duncan Smith asked the Minister for Children, Equality, Disability, Integration and Youth the number of vehicles owned or leased and operated by his Department and agencies and semi-State companies under his remit, broken down by the number of ICE and non-ICE vehicles and fuel category, that is, petrol, diesel, hybrid, plug-in hybrid, electric and so on; and if he will make a statement on the matter. [15114/21]
View answerI wish to provide the following information to the Deputy in respect of vehicles owned or leased and operated by my Department and bodies under the aegis of my Department.
|
Body |
Reply |
|
Department of Children, Equality, Disability, Integration and Youth |
Nil (no vehicles owned or leased and operated) |
|
Child and Family Agency (Tusla) |
Tusla will reply directly to the Deputy |
|
Adoption Authority of Ireland |
Nil (no vehicles owned or leased and operated) |
|
Ombudsman for Children’s Office (OCO) |
The OCO will reply directly to the Deputy |
|
Children detention school (Oberstown) |
8 vehicles – all owned - all ICE – all diesel |
|
Irish Human Rights and Equality Commission (IHREC) |
IHREC will reply directly to the Deputy |
|
National Disability Authority |
Nil (no vehicles owned or leased and operated) |
1090. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the legislation currently being considered by his Department in respect of the outstanding legislation that is needed for the implementation of the UNCRPD; the stages of preparation they are at; the timeframe for bringing forward the legislation; and if he will make a statement on the matter. [15148/21]
View answerThere are two pieces of legislation that my Department is currently preparing in relation to the UNCRPD - the Assisted Decision-Making (Capacity) (Amendment) Bill and the Disability (Miscellaneous Provisions) Bill - both of which I aim to have commenced in 2022.
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) reforms the law in Ireland so that it conforms to the United Nations Convention on the Rights of People with Disabilities (UNCRPD) in relation to support a person to exercise their decision-making capacity to the greatest extent possible.
Before I can fully commence the 2015 Act, an Amendment Bill is required which is currently in preparation. The aim is that this Bill would be enacted by year end and would resolve technical issues in the 2015 Act and provide further safeguards for wards. In the meantime, I will commence any sections of the 2015 Act that I can, bearing in mind the interconnectedness of the 2015 Act. Last month I commenced section 7(1) which repealed the Marriage of Lunatics Act, 1811, and allows adults in wardship to marry if they have capacity to do so.
The Disability (Miscellaneous Provisions) Bill provides for the monitoring structures that will apply with regard to the Convention on the Rights of Persons with Disabilities. The aim is that it should be enacted by year end.
Separately, the Minister for Health holds responsibility for legislation in relation to deprivation of liberty.
1091. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth if he will create a capital budget line to build playgrounds in areas that do not have same. [15256/21]
View answerEvery year since 2013 the Department of Children, Equality, Disability, Integration and Youth has provided Local Authorities with the opportunity to apply for funding to support new and existing play and recreation facilities for children and young people the Capital Grant Scheme for Play and Recreation.
One of the consistent criteria under this scheme is that the playground must be accessible and inclusive to all children.
In 2019, the focus of this scheme was the Refurbishment of existing Play and Recreation facilities and / or incorporating natural play elements. In 2020, €450,811 was awarded to Local Authorities across Ireland for the refurbishment of existing playgrounds.
My Department continues to work closely with the Local Authority Play and Recreation Network to agree priorities and criteria for funding allocations. My Department is currently planning to consult with key stakeholders in Local Authorities to identify priorities for 2021. Following this discussion, a Scheme will be announced in due course.
1092. Deputy Claire Kerrane asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 634 of 10 March 2021, if specific consideration has been given to Article 33 of the report regarding the right to identity; his plans to implement these recommendations; and if he will make a statement on the matter. [15313/21]
View answerI would like to reiterate my commitment towards the realisation of children’s rights under the UN Convention on the Rights of the Child. Given the cross-cutting nature of the recommendations contained in the Concluding Observations of the UN Committee on the Rights of the Child in 2016, the full list was shared with all Government Departments for their consideration. This applies to the observation referenced by the Deputy. As previously advised, my department is co-ordinating the preparation of the new State Report and that will include an assessment of the progress made since 2016 when the State last appeared before the UN Committee.
The recommendation referred to by the Deputy concerns certain issues that relate to a child’s right to identity. I would like to take this opportunity to point out some important developments in this area.
A child whose parents are not married may acquire a family name in a number of ways. Parents may choose one parent's surname or both parents’ surnames. Under the Civil Registration (Amendment) Act 2014 when registering the birth of a child in a father’s absence, the Registrar can contact the father to invite him to attend the Registrar’s Office within 28 days to complete the registration. The father’s name is omitted only in exceptional circumstances. This new provision remains to be commenced pending minor technical amendments.
In addition, Section 97 of the Children and Family Relationships 2015, which was commenced on 6th October 2019, provides that upon registering the birth of the child, unmarried parents have the option to sign a Statutory Declaration at the Civil Registration Office and the Registrar is empowered to witness this declaration. Previously this declaration had to be witnessed by a solicitor or a Commissioner for Oaths.
There are currently a number of measures in place to facilitate the registration of a father on a child’s birth certificate in Ireland including situations where parents are unmarried and not cohabiting. A child’s surname can be changed if the parents marry following its birth and the birth father’s name can be recorded on the birth certificate if the mother is married to someone other than the biological father.
Further, I would like to highlight that a review of how children’s rights and best interests can be protected in the context of the recognition of parentage in cases of assisted human reproduction and surrogacy is a commitment in the Programme for Government ‘Our Shared Future’. Professor Conor O’Mahony, Special Rapporteur on Child Protection, was tasked with completing a review of children’s rights and best interests in the context of parentage in cases of donor-assisted human reproduction, including surrogacy, as a priority project in June 2020 by the then Minister for Children and Youth Affairs. The project was assigned following a request from the Department of Health and consultation with relevant Departments.
The Special Rapporteur submitted his report in mid-December. I am currently making preparations to bring the report to Government to seek approval to publish and lay it before the Houses of the Oireachtas. It will subsequently be published on my Department’s website. The issues involved cross the remit of a number of Government Departments. The Special Rapporteur’s report and recommendations will feed into the policy considerations of the Departments concerned.
1093. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the provisions his Department has made specifically for children adopted through an agency (details supplied). [15325/21]
View answerIt is intended that the Here2Help files will transfer to the Adoption Authority of Ireland in April 2021. These files include open information and tracing cases and a waiting list for those requesting an information and tracing service. It is the intention of the Adoption Authority of Ireland to provide a service to anyone whose information was held by Here2Help.
On February 25th 2021, Here2Help transferred its waiting list to the Adoption Authority of Ireland. All further requests for an information and tracing service should be directed to the Information and Tracing section of the Adoption Authority.
My Department is currently engaging with the Adoption Authority of Ireland to ensure that their Social Work Team is resourced to provide this service.
1094. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the actions his Department has taken in regard to legal claims being taken by survivors of mother and baby homes. [15326/21]
View answerWhen publishing the Final Report of the Mother and Baby Homes Commission of Investigation on 12 January 2021, the Government announced a comprehensive action plan to respond to the needs of the former residents of these institutions.
A key element of the action plan is a commitment to establish a Restorative Recognition Scheme to provide financial recognition and a form of enhanced medical card. An Interdepartmental Group (IDG) has been established to develop proposals on the scope and operation of a Scheme. This work will be informed by the Commission's recommendations on redress but is not necessarily limited to the specific categories identified by the Commission. In addition, my Department launched a facilitated public consultation process on 10 March with information circulated through our contacts list and a significant print and social media campaign. The Government has prioritised this deliberative process with an ambitious timeframe for completion.
This ongoing work should help to ensure that those who should be entitled to Restorative Recognition can access financial and other reparations without needing to pursue claims through the courts system, although the State recognises the absolute right for individuals to do so.
I understand that correspondence has been received from solicitors acting on behalf of a number of survivors of Mother and Baby Homes. The State Claims Agency is statutorily delegated with responsibility for the management of such litigation and my officials are engaging with the State Claims Agency on these matters. I understand that legal representatives are, in many cases, seeking assurance that the particular circumstances of their clients will be included within any scheme that may be established by Government. In this regard, the deliberations of the IDG are ongoing and I will bring the proposals which emerge to Government as soon as practicable.
1095. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth if he will address a matter (details supplied) regarding behavioural supports; and if he will make a statement on the matter. [15360/21]
View answerI wish to advise the Deputy that I am not in a position to comment on this matter. This is more appropriate for the attention of my Cabinet colleague, the Minister for Health.
1096. Deputy Cian O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the steps he is taking to ensure that persons in direct provision are receiving high-quality and nutritious food; and if he will make a statement on the matter. [15461/21]
View answerAll of my Department’s international protection accommodation centres are contractually bound to provide menus that reasonably meet the dietary needs of the different ethnic groups accommodated at the centre and the reasonable prescribed dietary needs of any person accommodated at the centre. Menus must include a vegetarian option and all food products provided must have a traceability system that complies with food safety requirements. All accommodation centres that offer catered options must provide three meals per day and must have a range of snacks available including fresh fruit.
In order to ensure compliance with these contractual obligations, accommodation centres are subject to regular unannounced inspections by both my officials in the International Protection Accommodation Service (IPAS) and an independent inspectorate company (QTS Limited). These inspections are generally undertaken, twice yearly by my officials in IPAS and once yearly by QTS Limited. Part of the inspection process deals directly with the provision of food services. Meals are assessed during inspection for quality, cultural appropriateness and variety of menu options. Any issues identified are notified to the contractor to be addressed immediately.
There is regular consultation between the centre management and the residents in the accommodation centres in relation to preferences for inclusion of specific foods on menus and where possible this is facilitated.
In our centres which provide for self-catering, a foodhall provides food and other household and hygiene products free of charge through a points based system. The foods available to residents in such centres generally include a wide range of fresh meats, fruit, vegetables and ethnic goods.
Residents can carry over points not used in any one week to the next week, subject to a maximum of four weeks. I understand that the food-hall system works very well and residents are generally satisfied with the system. It is important to note that the food-hall system is an additional measure being provided in accommodation centres which allow for independent living.
1097. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) Act 2015 will commence; and if he will make a statement on the matter. [15532/21]
View answerI am aiming to commence the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) in June 2022. The 2015 Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. It ultimately provides for the end of the wardship system and the establishment of a new Decision Support Service (DSS). The 2015 Act is primarily the policy responsibility of my Department except for Part 8 of the 2015 Act which deals with advance healthcare planning and is the responsibility of the Department of Health.
My Department chairs the Inter-Departmental Steering Group (IDSG), previously under the remit of the Department of Justice and Equality, which includes the Decision Support Service, the Mental Health Commission, the Courts Service, the HSE and the Department of Health. Its remit is to ensure that IDSG members are taking the actions necessary to ensure that the 2015 Act is commenced by June 2022. To this end I secured a budget of €5.8m for 2021 for the DSS to enable it to develop the necessary systems, including IT systems, to become operational. My officials are also working on the Assisted Decision-Making (Capacity) (Amendment) Bill, which will provide necessary amendments to the 2015 Act, with the aim of enactment by year-end. In the meantime, I will commence any sections of the 2015 Act that I can, bearing in mind the interconnectedness of the Act. Last month I commenced section 7(1) which repealed the Marriage of Lunatics Act, 1811, and allows adults in wardship to marry if they have capacity to do so.
1098. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth if advice will be provided in relation to a matter raised in correspondence by a person (details supplied); and if he will make a statement on the matter. [15618/21]
View answerThe Early Childhood Care and Education (ECCE) programme is a universal two-year pre-school programme available to all children within the eligible age range.
A child must have reached 2 years and 8 months of age on or prior to 31 August of the relevant programme year to be eligible for the September start date and a child cannot turn 5 years and 6 months of age during the course of the ECCE programme year.
In a limited number of circumstances, it is possible to apply for an overage exemption to the ECCE programme. Applications are considered with regard to three guiding principles:
- the child will not reach 6 years of age before beginning primary education as per the Educational Welfare Act, 2000,
- a specialist has recommended the additional time in ECCE; and
- the child has not already availed of the full two years of ECCE.
In the case of the children referred to by the Deputy, if they had an additional year of ECCE they would be 5 years and 10 months while in ECCE and would be 6 when starting primary school.
In deciding on applications for exemptions to the ECCE age requirements, my Department is guided by a review of the overage exemption process which was carried out by the National Disability Authority for my Department and the Department of Education in 2018. In their report they concluded that it is in the best interest of children with additional needs to transition to primary school with their age cohort.
The overage exemption ECCE programme is not a mechanism to delay a child’s entry to primary school or to address any issue of non-availability of a school place.
Where a parent of a child with additional needs has concerns around supports for their child starting primary school they should contact the National Council for Special Education (NCSE) for advice and support.
1099. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the number of vacancies for social workers for which funds are available in cases in which the post cannot be filled due to difficulties recruiting staff, by location; and if he will make a statement on the matter. [15733/21]
View answerI wish to advise the Deputy that my officials have asked Tusla to respond directly to you on this matter.
1100. Deputy Emer Higgins asked the Minister for Children, Equality, Disability, Integration and Youth the provisions being made to allow parents using surrogacy to avail of leave and parental pay; and if he will make a statement on the matter. [15755/21]
View answerPolicy on surrogacy rests with the Minister for Health. The current entitlements enable the spouse, civil partner or cohabiting partner of the parent of a child to avail of Parents' Leave. These provisions do not exclude situations where a child has been born through surrogacy provided that a male partner is the biological parent of the child. The second parent can is then entitled to the leave through their relationship to the father.
1101. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth his plans to bring forward legislation to facilitate maternity leave for persons through surrogacy; the timeframe for same; and if he will make a statement on the matter. [15791/21]
View answerPolicy on surrogacy rests with the Minister for Health while policy on parentage rests with the Minister for Justice. Legislation on maternity leave must be developed in the context of the legal situation concerning parentage, including in relation to surrogacy. Any changes in the legal situation with regard to parentage and surrogacy are matters for the Minister for Justice and Minister for Health.
