Written Answers Nos. 123-142
123. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when the legislation required to support excavation of the site of the former Mother and Baby home in Tuam will be published; and if he will make a statement on the matter. [59525/21]
View answerThe General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill was developed to provide the required legal basis for intervention at the Tuam site and at other locations should similar circumstances come to light. The Bill, which covers a range of complex issues, was published in December 2019. I referred the Bill to the Oireachtas for Pre-Legislative Scrutiny in January. The Committee published its report on the legislation in July.
The report of the Joint Oireachtas Committee makes a number of recommendations in relation to the Bill. In light of these recommendations, and the engagements I have had with families in Tuam, the Department is reviewing the legislation to take account of issues raised by the Committee, survivors, and family members.
I am acutely conscious of the urgent need to pass legislation in order to allow exhumation at the site in Tuam. I hope to publish the Bill by the end of the current parliamentary session and bring it through the Houses of Oireachtas as quickly as possible to allow excavation of the site in 2022.
124. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when HIQA will begin undertaking independent inspections of direct provision centres; and if he will make a statement on the matter. [59526/21]
View answerI am pleased to confirm the Government’s decision that the accommodation centres operated by the International Protection Accommodation Service (IPAS) are to be independently monitored by the Health Information and Quality Authority (HIQA) for compliance with the National Standards for accommodation offered to people in the protection process. These standards were adopted by Government in 2019, and have been in effect since the beginning of 2021.
The National Standards meet the requirements of the relevant legislation – the EU (recast) Reception Conditions Directive which Ireland opted into in June 2018.
The first stages of the project are now underway. My Department is currently engaging with HIQA to tie down the resources and staffing needing by HIQA to undertake its monitoring role. In parallel with this process, detailed work is being undertaken by my Department to provide the necessary legal basis for HIQA's monitoring role.
It is important to note that there are inspections carried out under the current system. At present, all IPAS permanent accommodation centres are subject to three unannounced inspections per year. In 2021, two inspections are being carried out in each centre by an independent inspections company (QTS Ltd) and one by officials of the International Protection Accommodation Service (IPAS).
Inspections cover a wide range of issues including fire safety, appropriate signage and information for residents, the condition of communal areas and sleeping quarters, the quality of food provided and adherence to hygiene and other health and safety requirements.
IPAS has also taken steps to support adherence to the National Standards through its contract arrangements with accommodation centres. All properties selected under IPAS’ most recent tender process are required to be able to implement the National Standards. This requirement applies to the provision of new centres and to any renewal of a contract with a current provider.
125. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the amount of the €41 million in additional funding allocated to Tusla in Budget 2022 that will be allocated to domestic violence supports; and if he will make a statement on the matter. [59527/21]
View answerI was pleased to announce in Budget 2022 that Tusla will be allocated €899m for 2022, which is an increase of €41m over the amount allocated in Budget 2021. My allocation to Tusla for 2021 included €28m in core funding for DSGBV services and an additional €2m in contingency funding to support challenges of DSGBV service providers arising from Covid-19.
The specific amount to be used for the purpose outlined by the Deputy is not yet established. However, I have directed Tusla to use part of these additional resources to maintain supports for Domestic Sexual and Gender-based Violence (DSGBV) services and address the recommendations arising from Tusla’s Accommodation Review relating to refuge provision.
I have issued my Performance Statement to Tusla outlining the overall parameters of Tusla's financial resources, and signalling my priorities for the coming year. In response to this, Tusla will prepare its annual Business Plan for 2022 in accordance with section 46 of the Child and Family Agency Act 2013. This outlines the proposed activities for the year and the details of the proposed allocation of total financial resources.
It is of the utmost importance that the needs of those who experience domestic violence are met in the most appropriate way possible. I strongly support the work of Tusla and its funded service providers and I am committed to supporting Tusla in meeting the needs of individuals who experience domestic violence.
126. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question Nos. 737 of 31 March and 412 of 16 November 2021, the status of his engagement or plans for same with persons affected by illegal birth registrations in relation to the report of the Special Rapporteur titled Proposals for a state response to illegal birth registrations in Ireland; when he expects to publish the report of the Special Rapporteur; and if he will make a statement on the matter. [59528/21]
View answerFollowing publication of the Independent Review into illegal birth registrations, published in March 2021, I asked Professor Conor O'Mahony, the Special Rapporteur on Child Protection, to consider the very significant complexities and challenges, including the deep ethical issues, which arise in relation to the issue of illegal birth registrations, and to propose an appropriate course of action.
I have now received this report from the Special Rapporteur titled "Proposals for a state response to illegal birth registrations in Ireland". As I stated in Parliamentary Question 412 of 16 November 2021, I am actively considering the report, its conclusions and recommendations, in advance of bringing it to Government and publishing it.
There has been no change in the status of the engagement with individuals since the Deputy's previous Parliamentary Question. I am actively considering the report, its conclusions and recommendations and intend to engage with individuals affected by illegal birth registrations in relation to the report in due course. I expect to publish the report of the Special Rapporteur after bringing it to Government.
127. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons that have been made a ward of court since the Assisted Decision-Making (Capacity) Act 2015 was passed in 2015; and if he will make a statement on the matter. [59563/21]
View answerI 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.
128. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the roles that have been filled within the Decision Support Service since the Assisted Decision-Making (Capacity) Act 2015 was passed in 2015; if there are unfilled roles within the Decision Support Service that will be required to be filled before it becomes operational; the roles in this regard; and if he will make a statement on the matter. [59564/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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.
The Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the 2015 Act. To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act.
A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to my Department.
The Decision Support Service currently have a total of 20.5 Whole Time Equivalents (WTEs) across a range of different roles.
Additionally, the DSS is fully supported by the Corporate Operation functions within the Mental Health Commission, including Finance, Human Resources, IT, Procurement, Communications and also by the MHC General Counsel. On a pro-rata basis this equates to an effective 9.5 WTEs.
Currently there are 15 sanctioned roles to be filled within the Decision Support Service, including two assistant principals, an engineer grade, four higher executive officers, six executive officers and two clerical officers. There are also 2.75 WTE shared Corporate Operation roles currently unfilled. The DSS is working to fill these posts.
129. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth if there is a code of practice in place for the Decision Support Service; and if he will make a statement on the matter. [59565/21]
View answerThe Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the Assisted Decision-Making (Capacity) (Act) 2015 Act, and will respond to the complex decision-making needs of people with capacity difficulties.
In terms of the DSS's own governance arrangements, much of the activity of the Decision Support Service will be set out in primary law and directed by the provisions of the 2015 Act once amended and commenced, and by regulations prescribed by the Minister. Additionally, the DSS is currently based within the Mental Health Commission, and the governance arrangements that apply to the Commission. Arrangements have also been put in my own Department to support the DSS in becoming fully operational by July 2022 and to further ensure the proper governance of the Decision Support Service itself.
The Decision Support Service has the role under the Assisted Decision-Making (Capacity) Act 2015 to prepare or have prepared codes of practice for the guidance of decision supporters and professionals engaging with people with capacity difficulties. A range of draft codes of practice have been developed with the support of the National Disability Authority and of the HSE. Consultation on these codes of practice is currently ongoing and will continue into early January of next year.
130. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the level of fees agreed for persons accessing the services of the Decision Support Service; and if he will make a statement on the matter. [59566/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform.
The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. Some of these services will be subject to fees, which are to be prescribed by regulations that are currently being drafted by my Department, in collaboration with the Decision Support Service and other relevant stakeholders.
These fees are being developed having regard to best practice in comparable national and international contexts. A key principle will be that fees should not be a barrier to persons accessing decision support services. A waiver system is also being developed to ensure that those with limited income who are unable to pay the fees will still be able to access these important services.
131. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the budget allocation to the Decision Support Service in 2021 and 2022; and if he will make a statement on the matter. [59567/21]
View answerThe Decision Support Service (DSS), is the organisation that will operate the progressive provisions of the Assisted Decision-Making (Capacity) Act 2015, and which will respond to the complex decision-making needs of people with capacity difficulties.
To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act.
A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to its 2021 allocation and a doubling financial resources since the transfer of functions to my Department in 2020. The increase in funding is intended to enable the Decision Support Service to become operational by June 2022.
132. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth if regulations have been finalised for the Decision Support Service to provide for multiple procedural and documentary matters; and if he will make a statement on the matter. [59568/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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.
The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. Several sections of the Act require the Minister to prescribe regulations, which will specify particular activities to be undertaken by the Decision Support Service, including procedural and documentary matters.
The drafting of these regulations is currently under way and there has been significant engagement between the relevant parties required. Some provisions of the proposed Assisted Decision-Making (Capacity) (Amendment) Bill also allow for the making of regulations and these are being progressed in parallel to the drafting of that Bill.
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 and the Group is tracking the progress of a number of project milestones, including the delivery of the required regulations, to ensure full commencement of the 2015 Act by June 2022.
133. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth the terms and conditions for Decision Support Service panel members; and if he will make a statement on the matter. [59569/21]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It 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.
The Decision Support Service (DSS) is the organisation that will operate the progressive provisions of the 2015 Act. The DSS has responsibility under the Act for establishing and maintaining panels, the members of which will perform certain specified functions, such as acting as decision-supporters in the various contexts envisioned by the Act. These panels include decision-making representatives, special visitors, general visitors and court friends.
Panel members are to be appointed subject to terms and conditions as determined by the Minister with the consent of the Minister for Public Expenditure and Reform. Preparation for recruitment to panels is underway, including finalising the terms and conditions that will apply to panel members.
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 and the Group is tracking the progress of a number of project milestones, including the terms and conditions for panel members, and their appointment, in order to ensure full commencement of the 2015 Act by June 2022 and full operationalisation of the DSS by July 2022.
134. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth if education and training has been provided for stakeholders (details supplied) in advance of the full commencement of the Assisted Decision-Making (Capacity) Act 2015 and the Decision Support Service becoming operational; and if he will make a statement on the matter. [59571/21]
View answerThe Government has committed to the full commencement of the Assisted Decision-Making (Capacity) Act 2015 by June 2022. There is a substantial programme of work that must be completed in advance of that date. This includes working with stakeholders to ensure the necessary delivery of education and training to those involved in the delivery of key provisions contained in the Act.
A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of the Equality function to my Department in 2020. This investment is to support the delivery of further resources in preparation for the commencement of the 2015 Act.
To date, the Decision Support Service has developed a website providing a range of information and resources for stakeholders and the general public, which includes training material. The Director of the Decision Support Service is also heavily engaged in a number of activities to disseminate information regarding the Act's provisions in a variety of fora.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, meets monthly to oversee and drive progress towards full commencement. The group consists of officials from my Department, the Decision Support Service, Department of Justice, Department of Health, the Health Service Executive and the Courts Service, and Group members and their organisations have supported a number of awareness raising activities and are each looking to the supports required in their own sectors and networks.
My Department is available to provide support to stakeholders in preparation of the commencement of the Act and both Minister Rabbitte and I have had personal involvement in a number of events to raise awareness of the Act and of the new system that is being put in place.
135. Deputy Mattie McGrath asked the Minister for Children, Equality, Disability, Integration and Youth the number of section 47 reports that were ordered in each of the district courts in each of the years 2016 to 2020 and to date in 2021. [59671/21]
View answerI 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.
136. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth the process for applying for and granting visa waivers under the Irish Refugee Protection Programme. [59678/21]
View answerThe granting of visa waivers is a matter for the Minister for Justice. Ireland has, to date, offered over 500 Letters of Waiver in lieu of visas to enable those wishing to leave Afghanistan to exit the country. To date, 353 Afghans have arrived in Ireland.
137. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the amount expended by his Department in each of the past five years to date in 2021 on lighting and heating costs in tabular form. [59697/21]
View answerAs requested by the deputy, the expenditure incurred by my Department in the last 5 years and to date in 2021 on lighting and heating costs is shown below in tabular form.
|
Utility / Year |
2016 |
2017 |
2018 |
2019 |
2020 |
To date in 2021 |
|
Total spend for all years 2016 - 2021 |
|
Electricity |
€94,390.13 |
€86,492.25 |
€67,431.99 |
€105,574.56 |
€150,325.03 |
€105,582.45 |
|
€609,796.41 |
|
Gas |
€19,403.69 |
€7,800.95 |
€11,237.61 |
€23,419.34 |
€23,434.14 |
€15,998.98 |
|
€101,294.71 |
|
|
|
|
|
|
|
|
|
|
|
Total per year |
€113,793.82 |
€94,293.20 |
€78,669.60 |
€128,993.90 |
€173,759.17 |
€121,581.43 |
|
€711,091.12 |
Figures provided above exclude any costs incurred directly by my Department's agencies and the figures relate to the expanded remit of the Department of Children, Equality, Disability, Integration and Youth following the transfer of functions in 2020.
It should be noted that the Department moved building in 2018 to Miesian Plaza and subsequent to this acquired additional office space in Montague Court as part of a transfer of functions process in 2020. I would also note that the figures above reflect the amounts paid which can be impacted by the timing of the payments with, for example, the figures for 2019 also including all Electricity and Gas costs related to Miesian Plaza for the period May to December 2018. These costs are managed by Department of Health as lead tenant in the building.
138. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the steps he has taken to improve ventilation in the office buildings of his Department; if air cleaning and or purification systems have been installed in 2021; and if not, the plans to install same in 2022. [59715/21]
View answerMy Department has two office areas under its control, both of which are leased:
- 2nd and 3rd floors, Block 1, Miesian Plaza, 50 - 58 Baggot Street Lower, Dublin 2; and
- 2nd and 3rd floors, Montague Court, 7 - 11 Montague Street, Dublin 2.
Miesian Plaza uses an advanced mechanical ventilation system which provides for fresh air changes throughout the building continuously. The Office of Public Works has not recommended any changes to this system.
Montague Court is a naturally ventilated building that allows passive air flow through windows and doors. There are no plans to install air cleaning and or purification systems.
139. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he is confident that in the course of the mother and baby homes redress scheme, he can meet the requirements of all the victims in order to reassure all concerned that their position has been fully acknowledged and investigated; and if he will make a statement on the matter. [59732/21]
View answer140. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the number, if any, of outstanding issues in respect of redress in the case of mother and baby homes; the extent to which he expects to address all such issues and to ensure equality in respect of redress; and if he will make a statement on the matter. [59733/21]
View answer141. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he accepts that the exclusion of any group affected by the mother and baby homes issue needs to be urgently and fairly resolved; and if he will make a statement on the matter. [59734/21]
View answerI propose to take Questions Nos. 139, 140 and 141 together.
In providing an overall response grounded in a wide variety of differing needs, the Government considered what would be the most effective remedy for all survivors of Mother and Baby and County Home Institutions. I am confident that the wide-ranging Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions is fully inclusive and responds to the diverse needs of all those who are affected by the complex legacy of Mother and Baby Institutions. The actions are designed to support survivors in a number of ways into the future, as well as ensuring that what happened in the institutions is never forgotten, or repeated.
The Mother and Baby Institutions Payment Scheme is Action number 20 in the Action Plan, and sits as one element of the entire redress package of supports and measures set out in that Plan. Consultation with survivors has clearly shown that they wanted the Scheme to be non-adversarial, simple and with a low burden of proof. Following extensive and challenging deliberations, I concluded that providing a general payment based on time spent in an institution, with no requirement to bring forward any evidence of abuse or harm, was the best way to ensure that the Scheme causes no further trauma. This approach means that those who spent the longest time in these institutions, and therefore suffered most from the harsh institutional conditions, will receive the highest level of payment.
The proposals for the Mother and Baby Institutions Payment Scheme go well beyond the recommendations of the Commission of Investigation and also beyond the proposals of the Interdepartmental Group which was established to develop proposals for the Scheme. An estimated 34,000 people will benefit from the Scheme, at an approximate cost of €800m. Beyond this, the needs of all those who spent time in one of the institutions will be addressed in some way through the Government’s Action Plan. The Scheme should not be viewed in isolation from the Action Plan.
I have been given Government approval to bring forward legislative proposals on the basis of the Scheme as outlined and work has commenced in my Department on heads of the bill for this legislation. Through the legislative process we will have the opportunity to examine any issues or concerns that have been raised in relation to the Scheme.
142. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he can prioritise for funding the childcare sector given the pressure generated by the Covid-19 crisis; and if he will make a statement on the matter. [59735/21]
View answerSince the outset of the Covid-19 pandemic, a range of financial and other supports have been available to the Early Learning and Care (ELC) and School-Age Childcare (SAC) sector to support their operations and the provision of services to children and families.
Since August 2020, registered ELC and SAC employers have been eligible to access the Employment Wage Subsidy Scheme (EWSS) without having to demonstrate the 30% reduction in turnover required of other employers. EWSS has been a key component of the Government’s response to the Covid-19 crisis. It is an economy-wide scheme that operates across all sectors. The special arrangement for registered ELC and SAC services to be exempted from the turnover test has made substantial financial supports available to the sector since August 2020.
For over a year, between October 2020 and November 2021, the EWSS has been paid at enhanced rates. This amounts to an investment of €34 million per month in the sector and is estimated to cover, on average, 80% staff costs and 50% operating costs.
The EWSS is due to revert to standard rates between December 2021 and February 2022. This amounts to an investment of €22 million per month in the sector and is estimated to cover, on average, 50% staff costs and 38% operating costs.
For March and April 2022 a new flat rate for the EWSS (€100) will apply. This amounts to an investment of €11 million per month in the sector and is estimated to cover, on average, 25% staff costs and 11% operating costs.
With the additional cost of play-pods and other public health measures estimated to be €12 million per month, the EWSS at enhanced and standard rates exceeds what is required by the sector to adhere to public health guidance. The EWSS at flat rates is just marginally below the cost of play-pods.
My Department also oversees a Case Management process through which support can be provided to ELC and SAC services experiencing difficulties. Pobal co-ordinate the overall case management process with the City and County Childcare Committees (CCC) administering on-the-ground case management assistance. This includes specialised advice and support appropriate to individual circumstances.
Financial supports may also be accessed through the Case Management process for services presenting with sustainability issues following a financial assessment by Pobal. The Covid-19 Impact Support funding strand is available to both Community and Private services. The CCC is the first point of contact for any service in difficulty and seeking support.
In addition to the significant attention that has been afforded to the development and implementation of financial and other supports in the context of the Covid-19 pandemic, an ambitious programme of reform and development has also been underway in my Department.
In particular in relation to funding for the ELC and SAC sector which the Deputy references, a major initiative has been undertaken by my Department to review the current funding model, its effectiveness in delivering quality, affordable, sustainable and inclusive services and consider how additional resourcing can best be structured in order to achieve these objectives.
An independently-chaired Expert Group has led this work. The Group has recently finalised its report and recommendations for a new funding model for the sector. They have presented to me and the report will shortly be considered by Government.
In advance of the 2022 Estimates process, I met with the Chair of the Group and was briefed on its progress which allowed for the emerging recommendations to significantly inform Budget 2022.
Budget 2022 provides for an significant additional allocation for the ELC and SAC sector next year and introduces a ground-breaking package of measures designed to deliver quality for children, affordability for parents, stability for providers, and support employers to improve pay and conditions for staff.
An additional €78m in ELC and SAC funding brings the total investment in the sector to €716m next year.
The increase in funding will allow for enhancements to the National Childcare Scheme; the introduction of a new Core Funding stream in September 2022 to support providers cover increased operating costs linked to quality improvement measures; and a Transition Fund to be made available to providers in advance of the introduction of Core Funding.
An allocation of €69 million (equivalent to €207 for a full year) is being made for Core Funding. Up to €37 million will be available for the Transition Funding between May to August 2022.
This additional funding and new developments constitute a significant and strategic new approach to funding the sector in the longer term to support quality, affordability, inclusion and sustainability.
