Written Answers Nos. 138-151
138. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth his plans for a commission of inquiry into wardship to be carried out in tandem with the planned opening of the decision support service, particularly in view of issues around the oversight of wards’ funds as highlighted in a programme (details supplied); and if he will make a statement on the matter. [56309/21]
View answerResponsibility for the operation of wardship is not a matter for this Department but rather for the courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and under the separation of powers doctrine set out in the Constitution. The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
Wardship is an outdated practice and urgent reform is required. My Department has responsibility for the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), which is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents. We are working towards a date of June 2022 for full commencement.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill and its enactment will allow for the commencement of the 2015 Act and the operationalisation of the Decision Support Service, which is the organisation that will operate the progressive provisions of the Act.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies.
139. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when the assisted decision-making (capacity) (amendment) Bill will be published; if a decision has been made to date as to the Oireachtas Committee that will carry out pre-legislative scrutiny of the Bill; and if he will make a statement on the matter. [56310/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents. We are working towards a date of June 2022 for full commencement.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill and I will shortly seek Government approval for the General Scheme of the Bill. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies.
Once Government has approved the General Scheme, I will refer the General Scheme for pre-legislative scrutiny. The scheduling of pre-legislative scrutiny will be a matter for the Oireachtas Committee.
No decision has yet been made on the Oireachtas Committee that will conduct pre-legislative scrutiny of the General Scheme. However, following the transfer of the Equality function to my Department it is likely to be the Committee on Children, Disability, Equality and Integration.
140. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the status of the full commencement of the Assisted Decision-Making (Capacity) Act 2015; the analysis that has been carried out into the impact the delay in commencing this legislation has had on persons in wardship and their families; and if he will make a statement on the matter. [56311/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis. It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents. We are working towards a date of June 2022 for full commencement.
Amendments are required to the 2015 Act before full commencement can take place. Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill and I will shortly seek Government approval for the General Scheme of the Bill. The amendments will streamline processes, in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, is overseeing progress towards full commencement. The Steering Group comprises senior officials from relevant Departments and agencies.
I am committed to advancing the required legislation as quickly as possible, and I look forward to the support of my parliamentary colleagues in quickly delivering the required change.
141. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth the action he is taking to assist those who are blind or visually impaired to gain employment; and if he will make a statement on the matter. [56405/21]
View answerThe Government is committed to improving the employment opportunities for all people with disabilities. There is a dedicated cross-government strategy, the Comprehensive Employment Strategy for People with Disabilities (CES), to address these barriers and to drive progress in this area.
There are six strategic priorities in the CES (i) to build skills, capacity and independence, (ii) to provide bridges and supports into work, (iii) to make work pay, (iv) to promote job retention and re-entry to work, (v) to provide co-ordinated and seamless supports and (vi) to engage employers.
Implementation of the Strategy is undertaken through agreed action plans and is monitored by an Implementation Group with an independent chairperson, Mr Fergus Finlay. Currently the group is monitoring the CES Phase Two Action Plan which covers the period 2019 – 2021. Development of a final Action Plan for the period 2022 – 2024 is presently taking place. It will work to support persons with disabilities, including those who are blind or visually impaired, to enter into, return to and remain in work, should they wish to do so.
It is important that the public sector should provide more employment opportunities for people with disabilities, including those with visual impairments. In that regard, the forthcoming Assisted Decision-Making (Capacity) (Amendment) Bill will double the percentage of persons with a disability, including those with visual impairments, in public sector employment from 3% to 6%. Drafting will begin shortly on that Bill.
142. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth if he will include sight loss specific information in the information campaign of the Comprehensive Employment Strategy to help demystify the assumptions regarding a person’s ability and capacity and take guidance from an organisation (details supplied) on same; and if he will make a statement on the matter. [56406/21]
View answerUnder the Comprehensive Employment Strategy for People with Disabilities 2015-2024 (CES), a cross-government strategy to address the barriers and challenges to employment for people with disabilities, a public awareness campaign has been planned to raise awareness among employers of the benefits of employing people with disabilities.
This campaign had been due to take place in the second Action Phase of the strategy but was paused due to the pandemic. Consideration on how to develop the campaign for 2022, and what its specific focus should be, is ongoing. In that context I note the Deputy's comments and have instructed my officials to consider them also.
143. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth if it is intended to bring forward regulations to ensure that there is proactive engagement by all employers with an organisation (details supplied) to ensure all aspects of their recruitment processes are accessible from applying online to conducting aptitude tests to interview procedures, as is recommended in a report by the organisation; and if he will make a statement on the matter. [56410/21]
View answerAs the Deputy is aware, the Employment Equality Acts prohibit discrimination, including in relation to disability, and require organisations to make reasonable accommodation for people with disabilities in employment. I have launched a review of the equality legislation, which will be completed next year. The review will consider whether or not the equality legislation is effectively promoting equality and combating discrimination, including in relation to access for people with disabilities to employment. It will also consider whether or not legislative change is needed in this regard.
In terms of public sector recruitment, in particular, Part 5 of the Disability Act 2005 sets out the legal obligations of public service bodies:-
- To promote and support the employment of people with disabilities
- To meet a target of 3% of employees with disabilities
- To report every year on achievement of these obligations
The Government has committed to doubling the target for employment of people with disabilities in the public service from 3% to 6%. This will be done by means of the Assisted Decision-Making (Capacity) (Amendment) Bill, drafting of which will shortly begin.
144. Deputy Colm Burke asked the Minister for Children, Equality, Disability, Integration and Youth the action being taken by his Department to encourage companies to employ persons with blindness or visual impairment; and if he will make a statement on the matter. [56411/21]
View answerThe Comprehensive Employment Strategy for People with Disabilities 2015-2024 (CES) is the primary disability employment policy initiative in Ireland. It contains six strategic priorities, including the provision of bridges and supports into work, making work pay, promoting job retention and re-entry to work, and engaging employers, all of which aim to support and encourage companies to employ people with disabilities, including those who are blind or visually impaired.
The CES is implemented through agreed action plans and it is monitored by an Implementation Group with an independent chairperson, Mr Fergus Finlay. Currently the group is monitoring the CES Phase Two Action Plan which covers the period 2019 – 2021.
Key areas of recent progress under the CES to progress equal employment for persons with disabilities, including those with blindness or visual impairment, involve the production of an online training programme to support employers in becoming “disability confident" and of a Guide to Promoting Inclusive Employment, the latter by the Public Appointment Service, and the funding and establishment of a disability information service for employers . This service, ‘Employers for Change: A Disability Information Service’, provides advice and information on employing staff with disabilities, with a view to enhancing the confidence and competence of individual employers to employ, manage and retain staff with disabilities.
An Action Plan for Phase Three of the CES covering the 2022-2024 period is currently being developed. Its focus will be on achieving implementation of the six strategic priorities and on encouraging companies to employ people with disabilities, including those with blindness or visual impairment.
145. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on the communication regarding the certain institutional burials (authorised interventions) Bill from eight United Nations bodies (details supplied). [56521/21]
View answerI welcome the joint communique from the UNHR Office of the High Commissioner in relation to Mother and Baby and County Home Institutions. Both the joint communique and an initial response from Ireland were published on the UN website on 10 November.
The Government is committed to addressing the legacy of Mother and Baby institutions in a transparent and survivor-centred manner. The publication of the Final Report of the Commission of Investigation into Mother and Baby Homes in January of this year was accompanied by a formal apology by An Taoiseach and a Government commitment to a Strategic Action Plan encompassing a suite of 22 specific measures.
This Action Plan, which was published yesterday, takes account of the Commission of Investigation’s recommendations, as well as the priority needs and concerns of survivors and former residents and their families, as established through engagement with those most affected.
The General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill, which was approved and published in December 2019, was designed to provide the required legal basis for intervention at the Tuam site and other locations should similar circumstances come to light.
I referred the General Scheme to the Oireachtas for Pre-Legislative Scrutiny in January 2021. Numerous submissions were made to the Joint Oireachtas Committee and a number of people gave powerful and moving testimony. The Committee published its report on the legislation in July. I am currently carefully considering the recommendations from that process and hope to publish this Bill by the end of the current parliamentary session.
As set out in Ireland’s initial reply, consideration is also being given to the issues raised in relation to the proposed legislation in the joint communique. With regard to the concerns raised in relation to coronial jurisdiction, it is important to clarify that the proposed legislation is intended to complement the Coroners Act 1962 by providing a mechanism for guaranteed intervention at the Tuam site. It does not remove the obligation on the coroner to hold an inquest where required under the 1962 Act and, where the remains show evidence of violent or unnatural death, the Director overseeing the intervention must immediately inform the coroner within whose district the remains were recovered and An Garda Síochána.
146. Deputy David Cullinane asked the Minister for Further and Higher Education, Research, Innovation and Science if he will address a matter raised in correspondence in relation to a person (details supplied); and if he will make a statement on the matter. [56460/21]
View answerThe main support provided by my Department in terms of financial supports is the Student Grant Scheme where students are studying for the first time or are progressing to study at a higher level e.g. progressing to postgraduate study. To qualify for grant support, a student has to meet various criteria such as means, residency, nationality and progression.The Student Grant Scheme, administered by Student Universal Support Ireland (SUSI), provides grant assistance to students attending an approved full-time course in an approved institution who meet the prescribed conditions of funding, including those relating to nationality, residency, previous academic attainment and means.
Apart from the student grant scheme the Student Assistance Fund (SAF) provides financial assistance to students experiencing financial difficulties while attending third level. Students can be assisted towards costs such as rent, childcare costs, transport costs and books/class materials. Students on full or part-time courses leading to a higher education award (NQF level 6-10) in the universities, institutes of technology and other approved colleges can apply for the SAF. The SAF assists students in a sensitive and compassionate manner, who might otherwise be unable to continue their third level studies due to their financial circumstances. Institutions have the autonomy to maximise the flexibility in the Student Assistance Fund to enable HEIs to support students during the COVID-19 situation. Details of this fund are available from the Access Office in the third level institution attended. This fund is administered on a confidential, discretionary basis.
The student may be eligible for Tax Relief at the standard rate of tax in respect of tuition fees paid for his course. Further information on this tax relief is available from the student's local Tax Office or from the Revenue Commissioners website, www.revenue.ie.
147. Deputy Niamh Smyth asked the Minister for Further and Higher Education, Research, Innovation and Science the status of a pension review for a person (details supplied); if clarity will be provided in this regard; if his attention has been drawn to the fact that there has not been an update given to this person since 2017; and if he will make a statement on the matter. [56195/21]
View answerThird level institutes are responsible for the administration of the pension schemes under their remit and will be aware of their responsibility to operate in accordance with the provisions of the relevant pension schemes. I respect the autonomy of the third level institutions and their responsibility to operate in compliance with regulations.
I understand that officials are engaging with the Higher Education Institution in question and will continue to work through the matter. The outcome of this engagement will be communicated to the individual by the Higher Education Institution in due course.
148. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the steps he is taking to address the situation in which tutors at institutes of technology on contracts of indefinite duration are unable to join the public service pension scheme; the impact technological university status will have on the ability of tutors to access the scheme; and if he will make a statement on the matter. [56260/21]
View answerTerms and conditions of employment, including membership of a public service pension scheme, are a matter in the first instance for the employer. In line with Sections 53 and 54 of the Technological Universities Act 2018, the transition from Institute of Technology to Technological University will not have an impact on this matter. My officials are available to engage with Higher Education Institutions as needed to assist.
149. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 185 of 10 November 2021, if he will provide a further breakdown of Higher Education Authority operational spending including between pay and non-pay spending; and if he will make a statement on the matter. [56261/21]
View answerPlease see table attached outlining HEA’s operational expenses from the period 2016-2020 broken down between pay and non-pay expenditure.
150. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science further to Parliamentary Question No. 187 of 10 November 2021, the reason all retrofitting centre of excellence courses are non-NFQ aligned and instead accredited by private companies; if this model will be used in the other three centres of excellence currently being developed; the estimated cost of using private accreditation companies in 2021 for the retrofitting centres of excellence; the estimated cost in 2021 of using private accreditation companies for green skills and retrofitting courses across the whole further education and training sector; and if he will make a statement on the matter. [56262/21]
View answerGrowth in education and training provision in green skills and sustainability is ongoing across the Tertiary Education sector. A range of options from short courses targeted at awareness building, upskilling and reskilling programmes to full and part-time academic and vocational programmes. The curricula of many other programmes will also include elements and modules targeted to green skills and sustainability components.
In 2018, the requirement to establish a series of National Skills Specifications and associated delivery of education and training for NZEB was a matter of priority as requested by the Department of Housing, Local Government and Heritage. This was to ensure that the Department could address skills requirements to support the move towards nearly zero energy buildings for 2020 and beyond, as mandated by the Department of the Environment, Community and Local Government.
Early in the development process, in considering the accreditation of the awards, City & Guilds was chosen ahead of QQI as it was the best way to provide external authentication through highly regarded international recognition and to enable a quick approval of the award and delivery of training courses.
An NZEB Advisory Group was formed and the first meeting of the NZEB Advisory Group took place in March 2018 with the first delivery of the NZEB Fundamental Awareness course commencing in November 2018. Based on the partnership with City & Guilds, WWETB are positioned to rapidly develop and offer the following courses:
- NZEB Fundamental Awareness
- NZEB for Bricklaying
- NZEB for Plastering
- NZEB for Electrical
- NZEB for Plumbing
- NZEB for Electrical
- NZEB Site Supervisor
- NZEB Retrofit
- NZEB for Construction Workers
The cost for City & Guilds Registration and Digital Badge is €60 per person, with 2021 certification spend to date of €30,000 across WWETB and LOETB.
151. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science the total enrolments on all green skill and sustainability programmes running across the tertiary system in tabular form; and if he will make a statement on the matter. [56263/21]
View answerGeneral provision in areas such as green skills and sustainability is ongoing across tertiary education, delivering education and training programmes from short courses targeted at awareness building, upskilling and reskilling programmes to full and part-time academic and vocational programmes. The curricula of many other programmes will also include elements and modules targeted to green skills and sustainability components.
In the further education and training sector, short courses are targeted at upskilling and increasing knowledge awareness for existing professionals. SOLAS is working to develop a strategy to support the Climate Action Plan and associated skills training at further education level. SOLAS’s strategy on green skills is being developed and it is actively engaging across a very broad range of internal, external and industry stakeholders to ensure that tangible and appropriate FET responses are devised. Information in relation to the total enrolments in all green skill and sustainability programmes running in the Further and Education Training Sector is currently being collated by SOLAS and will be sent to the Deputy as soon as it is available.
In higher education, in addition to core education delivery, funding is provided under Springboard and the Human Capital Initiative to incentivise programmes which support the development of professionals in areas such as building analysis and climate adaptation; sustainable building technology and retrofit, conservation and sustainability. Two innovation projects have commenced under the Human Capital Initiative (Pillar 3). These projects are directly supporting increased availability of skills development in the construction sector through the Digital Academy for Sustainable Built Environment (DASBE) in Limerick IT and the REEdl project in IT Tralee which is based on a world leading model of self-directed, project centric learning using Virtual Reality and Augmented reality (VR/AR) in supporting student engineers along with access to world class research centres.
Under Springboard+ 2021/22, 17 courses are available in green skills and sustainability such as Near Zero Energy Building (NZEB), Bio-Energy, Clean Technologies and Electric Vehicle Technology. Details in relation to the total enrolments in all green skill and sustainability programmes in the higher education sector are in attachment 1.
Skillnet Ireland supports the construction sector through two national construction-specific Skillnet training networks, as well as through multiple regional Skillnet training networks that assist construction businesses in their respective regions. CIF and Skillnet Ireland launched the Construction Professionals Skillnet in January 2020 to provide customised learning and development solutions to meet the specific professional learning needs of the construction industry. Programmes are currently available in areas such as Communications, Project Management, Sustainable Construction, Contracts and legal responsibilities.
The Construction IT Alliance (CitA) Skillnet also facilitates the advancement of construction firms through digitalisation and the development of skillsets that enable businesses to adopt new and emerging information and communications technologies. The network primarily supports architecture, engineering, construction, and operations enterprises within the construction sector and has provided programmes such as Advanced BIM Management and a Higher Diploma in BIM over the last 12 months.
