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Wednesday, 6 Oct 2021

Written Answers Nos. 86-105

Domestic Violence

Questions (86)

Pádraig O'Sullivan

Question:

86. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth the position regarding the development of proposals to provide for domestic violence leave; the engagement he has had with stakeholders to date; and if he will make a statement on the matter. [48561/21]

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Written answers

Since its formation, this Government has made clear that tackling domestic, sexual and gender-based violence is a priority. The Programme for Government contains a commitment to investigate the provision of paid leave and social protection provision to victims of domestic violence with a view to establishing a statutory entitlement to paid domestic violence leave.My Department is currently finalising policy proposals for consideration by Government and has examined both international models of domestic violence leave and best practice in this regard. It has researched the development of a suitable model for rollout in Ireland.My Department has also engaged in a targeted consultation process with relevant stakeholders and social partners to examine how a scheme of paid leave should operate to address the needs of victims most effectively, including with the monitoring committee of the Second National Strategy on Domestic, Sexual and Gender Based Violence, employers' groups and trade unions and with stakeholders of the National Equality Strategy Committees falling under my Department’s remit.A report is being prepared based on this work which will be brought to Government shortly. The report will include recommendations on how best to support employees experiencing domestic abuse, including leave.

Refugee Legal Services

Questions (87)

Pádraig O'Sullivan

Question:

87. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth his plans to expand the Irish Refugee Protection Programme in order to accept an increased number of refugees from Afghanistan; the engagement he has had with the Department of Foreign Affairs in relation to same; and if he will make a statement on the matter. [48562/21]

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Written answers

I wish to confirm to the Deputy that the recent arrivals of refugees from Afghanistan have been managed by the Irish Refugee Protection Programme in my Department from within existing resources.

The Department of Foreign Affairs has supported the Programme through a number of its embassies which are providing assistance in liaising with relevant authorities on transit arrangements

School Funding

Questions (88)

Brendan Griffin

Question:

88. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth if funding is available for national schools to set up after-school services; and if he will make a statement on the matter. [48565/21]

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Written answers

Capital investment in early learning and childcare will be delivered through the National Development Plan (NDP) during the period 2022-2030.

NDP capital funding allocated to early learning and childcare will be used to increase the stock of early learning and childcare infrastructure, in order to address capacity challenges including the undersupply for certain types of provision and in specific areas of the country.

My Department is currently developing proposals for the allocation of NDP funding to the early learning and childcare sector, and these will be announced in the coming months.

Other supports are currently available for any school which wants to set up an after-school service, including access to National Childcare Scheme funding which may reduce the cost of after-school care to parents. Schools should contact their local County Childcare Committee (CCC) for information and support on establishing an after-school service. Details of the CCCs can be found on www.myccc.ie.

Cybersecurity Policy

Questions (89)

Violet-Anne Wynne

Question:

89. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth if all of the information and data that was lost during the cyber-attack has been restored, consolidated; and if the HSE systems are up-to-date. [48626/21]

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Written answers

The Child and Family Agency, Tusla has indicated there has been no evidence to date of its data being lost or used inappropriately by unauthorised individuals or organisations. This substantiates finding from HSE investigations and remains under active review in the ongoing response to the cyber attack.

In relation to data restoration and consolidation caused by the cyber attack, I can only comment on Tusla's data. Any queries in relation to the HSE's data should be directed to the Minister for Health.

The National Childcare Information System (NCCIS) had functionality restored in June which allowed Tusla staff access to data that was unavailable during the cyber attack. During the cyber attack Tusla staff switched to a manual record approach. Once access was restored to the NCCIS, staff prioritised the input of new referrals into the system. Case information and updates that were recorded on paper are now being entered into the NCCIS retrospectively.

Tusla continues to work with the HSE and other Government bodies to check the remaining HSE servers for any signs of concern. Tusla’s Data Management Strategy 2019-2022 includes a plan to migrate all Tusla data sources that are on HSE servers to new environments within Tusla. This process has already begun and will be expedited over 2021 and 2022.

Direct Provision System

Questions (90)

Holly Cairns

Question:

90. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the status of the report concerning the opening of a direct provision centre (details supplied) in March 2020. [48725/21]

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Written answers

I wish to advise the Deputy that I am not in a position to comment on these matters which are more appropriate for the attention of my Cabinet colleague, the Minister for Justice.

Direct Provision System

Questions (91)

Holly Cairns

Question:

91. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of all direct provision accommodation centres; the number of persons resident in each centre; the number of those who are under 18 years of age; the number who are remaining in each centre as they cannot secure accommodation elsewhere; and if he will make a statement on the matter. [48726/21]

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Written answers

I would direct the Deputy to the figures in the tables attached. Table 1 lists each accommodation centre with its respective number of residents, with children - those under 18 years of age - shown as a subset of the overall amount. As the Deputy can see, as of 26 September, there are 7,206 persons in accommodation. Of this total, 2,038 are persons under 18 years of age.

In regard to the number of persons with refugee status/subsidiary protection or persons with Stamp 4 (permission to remain in the State) who continue to be resident in accommodation centres this number is currently 1,251, of whom 381 are persons under 18 years of age. Table 2 provides a breakdown by centre.

Social Welfare Inspections

Questions (92)

Gary Gannon

Question:

92. Deputy Gary Gannon asked the Minister for Children, Equality, Disability, Integration and Youth the number of referrals made to his Department or Tusla as a result of social welfare inspectors performing site visits between 2017 and 2020 and to date in 2021. [48739/21]

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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 a direct response be provided to the Deputy.

Education and Training Boards

Questions (93)

Pearse Doherty

Question:

93. Deputy Pearse Doherty asked the Minister for Further and Higher Education, Research, Innovation and Science when a person (details supplied) in County Donegal will be eligible to sit exams with the ETB in Letterkenny, County Donegal; and if he will make a statement on the matter. [48470/21]

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Written answers

Craft apprenticeships account for 25 of the 62 existing available apprenticeship programmes. They comprise of a standard seven phase programme of alternating on-the-job and off-the-job phases. The off-the-job training for these programmes is delivered in ETB Training Centres, Institutes of Technology and Technological Universities.

Phase 2 electrical apprenticeship provision is delivered across all 16 ETBs. Phase 2 apprentices commence off-the-job training throughout the year with apprentices called to the next available training place, regardless as to the home location of the apprentice. Whilst every effort is made to eliminate unnecessary travel, unfortunately for some apprentices it is impossible to avoid having to attend training facilities that are not convenient to their locality. All apprentices are advised at their mandatory induction briefings of the training process.

Given the practical nature of off-the-job training for craft apprentices, the shutdown of on-site learning activity in 2020 and 2021 had a significant impact on the ability of craft apprentices to progress through their course. At the end of August 2021, there were 3,000 electrical apprentices waiting for access to phase 2 off-the-job training.

In addition to the general activity surrounding a return to on-site learning across the further and higher education sector a number of specific actions were put in place to support apprentices progress their off-the-job training in a timely manner.

Specific actions relating to the provision of Phase 2 off-the-job training are as follows:-

- Craft apprentice off-the-job training was prioritised for a return to on-site learning across further and higher education institutions as COVID restrictions allowed.

- €20m in capital funding has been provided to increase training capacity in the system with SOLAS and HEA allocating this to ETBs and HEIs. This has facilitated an additional 4,000 craft apprenticeship places, assisting significantly with the immediate backlog issues but also more broadly increase training capacity in the apprenticeship system as the sector caters for higher demand.

- A three-step plan to tackle the backlog in craft apprenticeship off-the-job training over the coming period by SOLAS and further and higher education providers is in delivery. Step 1 of the plan includes an increase in the number of training workshops available across further and higher education from September 2021 onwards. Steps 2 and 3 involve tailored emergency approaches to accelerate the throughput of apprentices at Phases 2 and 6 for a designated period of time.

The additional investment in supports, as well as training providers re-commencing in September at full capacity will mean that by the end of December 2021 over one third of the phase 2 apprentices will have returned to training. The waiting list for Phase 2 apprentices is expected to be completely cleared by the end of 2022. It is not possible at this point to provide information on scheduling dates for individual apprentices as work is ongoing to maximise the level of provision across the country.

A public update issued on www.apprenticeship.ie on 23rd September which outlined the comprehensive programme of work underway and to ensure that information is available to apprentices, employers and prospective apprentices. SOLAS will release further updates as the work to ensure that apprentices can complete their apprenticeships in a timely manner progresses. The apprentice in question should also maintain contact with their Authorised Officer.

Legislative Measures

Questions (94)

Mary Lou McDonald

Question:

94. Deputy Mary Lou McDonald asked the Minister for Justice further to Parliamentary Question No. 575 of 28 September 2021, if her intended amendments to section 120 of the Succession Act 1965 will provide for circumstances of domestic homicide in which the perpetrator dies by suicide; and if the amendments will be included in the Courts and Civil Law (Miscellaneous Provisions) Bill. [48485/21]

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Written answers

As previously expressed, I would like to offer my sincere condolences to all the victims, families and loved ones of those who have been affected in such awful circumstances. Work is progressing on amending Section 120 of the Succession Act, in order to ensure that perpetrators of domestic homicides could not benefit through inheritance.

As I have said previously, this work involves a high level of consultation with the Office of the Attorney General, due to the number of complex legal issues and possible implications which require thorough examination by experts in this field of law. This is a complex area of the law, and I want to ensure that any amendment to the Succession Act best addresses the issues of concern families have, such as those raised by the Deputy, and that we avoid any unintended or unforeseen consequences.

Also, the independent study on Familicide and Domestic Homicide Review is due to be published soon, and although its terms of reference do not cover this issue specifically I would like to consider its findings and implications before completing the work on this proposed amendment. For the reasons outlined, it was decided to not include an amendment to the Succession Act in the Courts and Civil Law (Miscellaneous Provisions) General Scheme. However, I can assure the Deputy that this important work is progressing and that we are currently considering the appropriate legislative vehicle to ensure the best possible resolution to this issue.

Prison Service

Questions (95)

Willie O'Dea

Question:

95. Deputy Willie O'Dea asked the Minister for Justice further to Parliamentary Question No. 717 of 24 February 2021, the progress that has been made in relation to this matter; when proposals to deal with this issue will be published; and if she will make a statement on the matter. [48524/21]

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Written answers

The Deputy will wish to note that I introduced the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 on 16 September 2021.

The purpose of this Bill is to implement EU framework decision 2008/909/JHA on the mutual recognition of judgments in criminal matters imposing custodial sentences and other measures involving deprivation of liberty.

The implementation of this framework decision will facilitate the transfer of prisoners between EU member states where that transfer would enhance the person’s social rehabilitation. Prisoner transfers are, at present, operated under the Transfer of Sentenced Persons Act 1995, which implements the 1983 Council of Europe convention. The framework decision supersedes the convention in respect of transfers within the EU and makes several important changes to how transfers operate.

As a consequence of Brexit, the framework decision does not apply to transfers to and from the United Kingdom, which will continue to be governed by the convention and the 1995 Act. However, as the Deputy will be aware, transfers under the 1995 Act have been subject to legal challenge in recent years. Differences in sentencing structures between states have proved difficult and often impossible to reconcile. This has precluded the completion of many transfers, particularly between Ireland and the UK. While the issues that have arisen are addressed for the new regime in the Bill before the House, the 1995 Act will also require amendment. It is my intention to introduce the necessary amendments to that legislation by way of Committee Stage amendments to this Bill.

It is my aim for this Bill to be enacted by the end of 2021.

Citizenship Applications

Questions (96)

Bernard Durkan

Question:

96. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship in the case of a person (details supplied); when the application will be finalised; and if she will make a statement on the matter. [48548/21]

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Written answers

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 11 February 2020. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Data

Questions (97, 98)

Noel Grealish

Question:

97. Deputy Noel Grealish asked the Minister for Justice if she will provide a breakdown of categories of original offences alleged to have been committed by persons while on bail in 2020 (details supplied) by type of offence subsequently committed in tabular form; and if she will make a statement on the matter. [48573/21]

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Noel Grealish

Question:

98. Deputy Noel Grealish asked the Minister for Justice the number of offenders for whom the charge in respect of which they had been granted bail was their first alleged office in relation to crimes committed by persons while on bail in 2020; the number that had allegedly committed more than one offence previously; and if she will make a statement on the matter. [48574/21]

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Written answers

I propose to take Questions Nos. 97 and 98 together.

I am advised by the Central Statistics Office that the information requested by the Deputy is not currently available. The Deputy will recall that in my response to Question no. 480 of 21 September 2021, I provided information on the number of people suspected to be involved in the commission of a further offence while on bail. I have been informed that the information relating to the offence for which they were on bail is not directly linked in the datasets held and so I am not in a position to provide this additional information to the Deputy.

My Department will make enquires of the Garda Commissioner to see if it is possible to collate the information requested by the Deputy.

Question No. 98 answered with Question No. 97.

Disabilities Assessments

Questions (99)

Violet-Anne Wynne

Question:

99. Deputy Violet-Anne Wynne asked the Minister for Health the percentage of the children whose assessment of need has been completed in 2021 that have been successfully referred to and engaged with by a disability networks team; and the estimated waiting time between assessment and engagement with disability network team. [48624/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Disability Services

Questions (100)

Violet-Anne Wynne

Question:

100. Deputy Violet-Anne Wynne asked the Minister for Health the breakdown of the 91 disability networks that have been formed by the HSE per CHO area; and the number of members who are in each network in tabular form. [48625/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Disability Services

Questions (101)

Mary Lou McDonald

Question:

101. Deputy Mary Lou McDonald asked the Minister for Health the respite care that is available in CHO9 for persons with ASD; and if he will make a statement on the matter. [48410/21]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Care Services

Questions (102)

Mary Lou McDonald

Question:

102. Deputy Mary Lou McDonald asked the Minister for Health the care services have been put in place for a person (details supplied); and if he will make a statement on the matter. [48411/21]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Home Care Packages

Questions (103)

Alan Dillon

Question:

103. Deputy Alan Dillon asked the Minister for Health the status of and the process for the commitment to introduce a statutory homecare scheme to ensure equitable allocation of resources to persons requiring homecare and licensing and regulation of homecare service providers to safeguard its provision; and if he will make a statement on the matter. [48419/21]

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Written answers

Enabling people with care-needs to continue to live independently at home for as long as possible is a priority for the Government. To advance this, the Government is committed to establishing a new, statutory scheme for the financing and regulation of home-support services, which the Department of Health is currently developing. It is intended that the new scheme will provide equitable and transparent access to high-quality services based on a person’s assessed care-needs.

Work is on-going within the Department to progress the development of the new scheme within the broader context of the Sláintecare reforms. This work encompasses the development of the regulatory framework for the new scheme; the examination of the options for the financing model for the scheme; and the development of a reformed model of service-delivery. With the aim of ensuring that all service-users are provided with a standard, high-quality level of care which is safe, effective, and person-centred, it is envisaged that the regulatory framework will comprise (i) primary legislation for the licensing of public and private home support providers; (ii) minimum requirements (regulations); and (iii) HIQA National Standards for Home Support Services. Earlier this year, Government gave approval to draft a General Scheme and Heads of a Bill to establish a licensing framework for home support providers. This is being progressed by the Department with a view to bringing it through the Houses of the Oireachtas at the earliest opportunity. It is expected that the primary legislation will give the Minister for Health the power to make regulations in respect of minimum requirements which will form the criteria against which a provider’s eligibility to hold a licence will be determined. The Department recently commenced a targeted stakeholder consultation on these draft minimum requirements. In addition, HIQA recently ran a public scoping consultation to inform the development of their National Standards for Home Support Services. In parallel to this, work is ongoing in relation to the development of a reformed model of service delivery for home support. Within this context, funding was secured in 2021 for the HSE to progress the roll-out of interRAI as the standard assessment tool for care-needs in the community; the pilot of a reformed model of service-delivery for home-support; and the establishment of a National Office for Home Support Services. Mobilisation of the pilot of a reformed model of service-delivery is expected to commence in November. The pilot will deliver an additional 230,000 hours of home-support in four community healthcare network (CHN) sites over a six-month period. The pilot sites are: (CHO 2) Tuam, Athenry and Loughrea (CHO 4) Bandon, Kinsale and Carrigaline (CHO 7) Ballyfermot and Palmerstown (CHO 8) East Westmeath. 130 posts have been funded for the national rollout of the interRAI Ireland system as the standard assessment tool for care-needs and recruitment for these posts is scheduled to commence in this quarter. In addition, a National Home Support Office will be established before the end of the year. The Sláintecare Implementation Strategy and Action Plan 2021–2023 commits to the advancement of the development of the new home-support scheme in 2021 and to the commencement of its implementation in 2022. While the new home-support scheme is under development, the Government is prioritising improving access to home-support services. As part of Budget 2021, funding for an additional 5 million hours of home-support was provided. This increased investment will contribute to meeting the Programme for Government commitment to providing equitable access to home-support services.

In relation to home support service provision, data which has been provided since the cyber-attack is provisional and subject to change - at the end of August 2021, the preliminary data indicates that about 13.2 million home support hours had been provided to 53,905 people. This is about 2 million more hours compared to the same period last year.

Home Help Service

Questions (104)

Alan Dillon

Question:

104. Deputy Alan Dillon asked the Minister for Health the number of HSE employed home help staff under CHO2 for counties Mayo, Galway and Roscommon; the current annual budget for each county; the calculated HSE delivery care cost per hour compared to outsourced or private providers; and if he will make a statement on the matter. [48420/21]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Medicinal Products

Questions (105)

Neasa Hourigan

Question:

105. Deputy Neasa Hourigan asked the Minister for Health if work has commenced on legislation to recognise the recent European Court of Justice ruling on levels of THC in CBD products and their classification as narcotics; and if he will make a statement on the matter. [48421/21]

View answer

Written answers

The matters raised are currently the subject of legal proceedings and consequently, being sub-judice, I am not in a position to offer further comment.

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