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Wednesday, 19 Jan 2022

Written Answers Nos. 1108-1124

Legislative Process

Questions (1108)

Mary Lou McDonald

Question:

1108. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth when he will publish the regulations required to give effect to the Gender Pay Gap Information Act 2021. [1620/22]

View answer

Written answers

The Gender Pay Gap Information Act 2021 was signed into law on 13th July 2021. The Act requires the Minister for Children, Equality, Disability, Integration and Youth to make Regulations, requiring employers to publish:

- The mean and median hourly wage gap, the former reflecting the entire pay range in an organisation and the latter excluding the impact of unusually high earners. 

- Data on bonus pay. 

- The mean and median pay gaps for part-time employees and for employees on temporary contracts. 

- The proportions of male and female employees in the lower, lower middle, upper middle and upper quartile pay bands.

The Regulations will also require employers to publish a statement setting out, in the employers opinion, the reasons for the gender pay gap in their company and what measures are being taken or proposed to be taken by the employer to eliminate or reduce that pay gap.

The reporting requirement will initially apply to organisations with 250 or more employees but will extend over time to organisations with 50 or more employees.  Organisations will be required to indicate the reasons for any gender pay differentials that are reported.

Regulations implementing the Gender Pay Gap Information Act 2021 are currently being developed and it is anticipated these will be finalised and published in early 2022, with reporting by organisations with +250 employees commencing in 2022.

This Department is also developing an information campaign for employers which will complement the regulations. The information campaign will set out the benefits of the new legislation and provide information for employers on fulfilling the reporting requirements. 

Children in Care

Questions (1109)

Patrick Costello

Question:

1109. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth the amount spent on private foster care companies in 2019, 2020 and 2021, by region and the company receiving this funding. [1628/22]

View answer

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.

Children in Care

Questions (1110)

Patrick Costello

Question:

1110. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth the number of children in foster care placed outside their area of origin in each of the years 2019 to 2021 by Tusla foster care and private foster care companies. [1629/22]

View answer

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.

Departmental Schemes

Questions (1111)

Violet-Anne Wynne

Question:

1111. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons in receipt of the after-school childcare scheme in County Clare in each of the years from 2016 to 2021, inclusive in tabular form; and if he will make a statement on the matter. [1654/22]

View answer

Written answers

The After-School Childcare Programme  (ASCP) was administered and funded by my Department as part of the Community Childcare Subvention Programme (CCSP).  The CCSP closed to new entrants in November 2019, on the introduction of the National Childcare Scheme.   

The ASCP provided up to one year of afterschool care for primary school children for certain categories of working parents/guardians and parents/guardians on certain employment programmes , based on eligibility criteria provided by the Department of Employment Affairs and Social Protection. 

Parents taking part in Community Employment programmes received funding for after school care under the Community Employment Childcare After-School Childcare (CEC AS) another subvention programme under the CCSP.  The CEC AS closed to new entrants in 2019, on the introduction of the NCS.

Table 1 below sets out outlines all children registered for ASCC for the years 2016 - 2019 inclusive.

Table 2 below sets out outlines all children registered for CEC AS for the years 2016 - 2019 inclusive.

Table 1

Programme Call

Programme Year

Unique Children attending in Co. Clare

ASCC 2016

2016/17

36

ASCC 2017

2017/18

6

ASCC 2018

2018/19

1

Table 2

Programme Call

Programme Year

Unique Children attending in Co. Clare

CEC 2016 (AS)

2016/17

37

CEC 2017 (AS)

2017/18

31

CEC 2018 (AS)

2018/19

24

CEC 2019 (AS)

2019/20

14

CEC (AS) Saver Programme 2020

2020/21

3

Social Media

Questions (1112)

Seán Sherlock

Question:

1112. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth the amount spent on social media by his Department and agencies under his remit in 2021; and the platforms the monies were spent on in tabular form. [1694/22]

View answer

Written answers

The Adoption Authority of Ireland, National Disability Authority and Oberstown Children Detention Campus each had a spend of NIL on social media in 2021.

The Irish Human Rights and Equality Commission, the Ombudsman for Children's Office, and Tusla will reply directly to the Deputy.

-

Facebook/Instagram

€66,211

Twitter

€18,114

Snapchat

€3,600

Departmental Contracts

Questions (1113)

Seán Sherlock

Question:

1113. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth the amount spent on consultancy services by his Department in 2021; the reason for each consultancy; and the name of the consultancy in tabular form. [1712/22]

View answer

Written answers

My department has identified the following consultancy contracts with spend during 2021 in the table below.

Name

Reason

Insights Health and Social Research

A report into the findings of a consultation with children and young people on their experience   of interventions under the Child Care Act 1991; and, a summary desk review of the evaluation of Tusla’s Children’s Participation Work Package under Prevention, Partnership and Family Support Programme.

Frontier Economics

Provision of research support and advice to the expert group convened by the Minister to   develop a New Funding Model for Early Learning

Paul Boland Consultancy / Invision Software

Lotus Notes administration and migration services

BID t/a BID Services and Public Procurement Services

Procurement tendering and general procurement advice

ACE Communication Ltd

Provision of review, analysis, summary and reporting on the written submissions made as part of the public consultation on Ireland’s First Report under the UN Convention on   the Rights of Persons with Disabilities (UNCRPD) 

ACE Communications

Review, analysis, summary and reporting on the written submissions made as part of the public   consultation on Ireland’s First Report under the UN Convention on the Rights of Persons with Disabilities

Satya Brink

Provision of expert advice for phase 2 of Growing Up in Ireland - the National Longitudinal Study   of Children

Ann Sanson

Provision of expert advice for phase 2 of Growing Up in Ireland - the National Longitudinal Study   of Children

Angela Palmer

Research and information specialist services in the areas of child protection and welfare and children in care

Dolores Sullivan

Expertise in Legal Researcher specifically in the context of an investigation under the   Commission of Investigations Act 2004

Centre for Effective Services (CES)

Provision of specialist expertise for the co-ordination and management of the Quality and   Capacity Building Initiative

University of Derby

An End of Year Three Evaluation of the Access and Inclusion Model (AIM)

Mazars

A scoping review to help develop a proposed new birth cohort for the Growing Up in Ireland study

Castlebridge

Expert advice in relation to GDPR, in particular, but not limited to SARs, on receipt of   database and records from the Mother & Baby Home Commission of Inquiry

Mindshare

(Lot 2) Republic of Ireland Media Strategy, Planning & Buying (Implementation) Services

ESRI

Phase 2 of 'Growing Up in Ireland', the National Longitudinal Study of Children

ESRI

Membership to SWITCH Steering Group

Datatrails

Data Protection Expertise 

WhiteLight   Consulting Ltd.

Online consultation session on the UN Convention on the Rights of the Child

Baker Tilly             

Review of capacity at Senior Management Team level with a specific focus on 2021 strategic   priorities

The total spend in 2021 for the above mentioned consultancy was €5,389,730.52.

Legislative Measures

Questions (1114)

Mick Barry

Question:

1114. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth if he will take steps to remove the medicalised definition of disability from legislation; and if he will make a statement on the matter. [1736/22]

View answer

Written answers

I fully recognise the importance of language and terminology, its impact on persons with a disability and the societal attitudes that certain words or phrases might imply. I also recognise that our legislation is often a product of the terminology in use at the time of a law's enactment, and that legal terminologies may be hurtful in some instances.

There is no singular or unified definition of disability under Irish law and responsibility for differing laws is shared amongst all cabinet ministers depending on the primary content of the law and the appropriate cabinet minister. There are also varying definitions relating to individual schemes, eligibility criteria, and data collection mechanisms including Census 2016.

In terms of the legislation for which I have responsibility, legislative definitions of disability are contained in the Disability Act 2005, the Equal Status Acts 2000-2018, and the Employment Equality Acts 2000-2015. 

A review of equality legislation is being undertaken by officials of this Department, and this work includes consideration of the disability ground.  The Assisted Decision-Making (Capacity) Act 2015, which I am working to commence, once the supporting legislation, the Assisted Decision-Making (Capacity) (Amendment) Bill has been enacted, moves from a medical definition of capacity based on a status approach to a functional approach which relates to the decisions needing to be taken.

Wider definitions of disability will be evaluated under the UNCRPD periodic review process. Ireland submitted its Initial State Report to the UN Committee on the Rights of Persons with Disabilities in November 2021 and we are currently awaiting a review date from the Committee for review. The Initial State Report outlines the definitions of disability in legislation and as used in Census 2016, and these definitions will be reviewed by the UN Committee in light of obligations under the UNCRPD.

We are committed to progressively realising our obligations under the UNCRPD. The outcome of the review of our equality legislation and the evaluation of definitions of disability under Irish law by the UN Committee on the Rights of Persons with Disabilities will inform next steps and actions that may need to be taken to work towards standardisation of definitions and  closer alignment to the social model of disability, as appropriate. In line with obligations and commitments under the UNCRPD, any such change in law or policy would involve consultation with, and the participation of, people with disability and their representatives.

Legislative Reviews

Questions (1115)

Mick Barry

Question:

1115. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth his views on the submission made to his Department by the Irish Human Rights and Equality Commission that calls for a review of legislation to better protect carers from discrimination; and if he will make a statement on the matter. [1737/22]

View answer

Written answers

The Irish Human Rights and Equality Commission has made a submission to my Department as part of the review of the Employment Equality and Equal Status Acts which my Department commenced last year.  Its submission is currently being considered as part of the review process.

This review is examining the functioning of the Acts and their effectiveness in combatting discrimination and in promoting equality, including awareness of the legislation and whether there are obstacles to taking an action under the Acts. The first phase of the public consultation process is now closed.  This process sought the views of the public and interested organisations on the effectiveness of the legislation and whether, in their view, legislative amendments are required. The submissions received are currently being examined.    

Legislative Measures

Questions (1116)

Mick Barry

Question:

1116. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth his views on amending the equality Acts to explicitly prohibit discrimination against transgender, intersex and non-binary persons; and if he will make a statement on the matter. [1738/22]

View answer

Written answers

Significant advances have been made in recent years to address inequality in Irish society, with the Government’s commitment to fostering a diverse, inclusive and equal society re-affirmed through the Programme for Government commitments to achieve social solidarity, equality of opportunity and economic equity for all. The Programme for Government includes a commitment to ensure that someone discriminated against on the basis of their gender identity is able to avail of the protections under the equality legislation.

This commitment forms part of the review of the Employment Equality and Equal Status Acts which my Department commenced last year. This review will examine the functioning of the Acts and their effectiveness in combatting discrimination and in promoting equality, including awareness of the legislation and whether there are obstacles to taking an action under the Acts. The first phase of the public consultation process has now closed.  This process sought the views of the public and interested organisations on the effectiveness of the legislation and whether, in their view, legislative amendments are required. The submissions received are currently being examined.

Disability Services

Questions (1117)

Denis Naughten

Question:

1117. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth the current status of the review of transport supports currently carried out under the auspices of the National Disability Inclusion Strategy; and if he will make a statement on the matter. [1760/22]

View answer

Written answers

The National Disability Inclusion Strategy (NDIS) is one of two national policy frameworks through which the rights of people with disabilities in Ireland are progressively realised. Action 104 of the NDIS requires a number of Departments, including my Department, to "lead a review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities.”

The implementation and monitoring of the NDIS is coordinated by the National Disability Inclusion Strategy Steering Group (NDISSG). In order to progress Action 104 a Transport Working Group was established by the NDISSG in early 2020.

The Group’s membership is made up of relevant Government Departments and state agencies including the National Disability Authority and the National Transport Authority. The group met in March 2020 during which draft Terms of Reference and a work plan were discussed for future decision. However, following the emergence of COVID-19 the work of the group was paused.    

Following the transfer of functions from the Department of Justice and Equality to this Department, the DCEDIY now coordinates progress on Action 104, supported by the National Disability Authority. The Working Group will resume its work in January 2022.

Departmental Data

Questions (1118)

Catherine Murphy

Question:

1118. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a schedule of all client and or customer facing and or orientated services that his Department provide via a contracted service provider; the contractor that provides the service; and the cost of same for the past five years to date in 2022. [1794/22]

View answer

Written answers

My Department has outlined below, a schedule of customer/client facing services which have been provided via a contracted external provider.

Supplier

Service

Total spend in last 5 years

 

 

 

Mary Immaculate College t/a University of Limerick

Provision of an Inclusion Coordinator Programme (LINC)

 

€5,833,452.88

Mary Immaculate College t/a University of Limerick

Leadership for   Inclusion in the Early Years (LINC) higher education programme

 

€2,366,061.50

Foroíge

Children and Young People's Participation Support Services

 

€1,814,573.79

 

Epic

Visiting advocacy service for young people in detention

 

€37,500.00

Aurion                

Online introductory training in sensory processing for pre-school practitioners

 

€24,268.20

Homeless Persons Supports

Questions (1119)

Paul Murphy

Question:

1119. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to a campaign (details supplied) which outlines ways of supporting children living in emergency accommodation; and if he will make a statement on the matter. [1835/22]

View answer

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 Housing, Local Government and Heritage.

Children in Care

Questions (1120)

Cian O'Callaghan

Question:

1120. Deputy Cian O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the number of children in care that have been placed in homeless accommodation in past 12 months; the safeguards that have been put in place in terms of vetting of staff and other residents; and if he will make a statement on the matter. [1866/22]

View answer

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.

Youth Work Supports

Questions (1121)

Darren O'Rourke

Question:

1121. Deputy Darren O'Rourke asked the Minister for Children, Equality, Disability, Integration and Youth the estimated cost of recruiting ten youth workers and three team leaders in the youth work sector for one year. [1889/22]

View answer

Written answers

Funding from my Department in respect of funded youth organisations is designed as a contribution towards a service being provided.  My Department does not have a role in determining salaries or other related costs for a particular service, and there are no nationally recognised salary scales on which to draw.

The cost of setting up a service will vary depending on the nature of the service being provided and if it is a new service or an augmentation of an existing service.  In addition, other recruitment factors that would be taken into account include experience and relevant qualifications.

In preparation for the roll out of the targeted youth funding scheme, UBU Your Place Your Space, a number of pilot projects were established by Education and Training Boards and youthwork organisations across the country.  Based on the experience of establishing these services, an estimate for the type of service described by the Deputy would be in the region of €500,000 to €600,000 per annum.

Traveller Community

Questions (1122)

Violet-Anne Wynne

Question:

1122. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth if consideration is being given to reinstating a law centre (details supplied) which was ceased in 2014 as per a suggestion by a representative legal body. [2069/22]

View answer

Written answers

Requests for funding for Traveller-related projects have to be made through funding calls that are regularly publicised by my Department or within the existing funding programmes for Travellers and Roma operated by my Department.  

The Deputy will be aware that the Legal Aid Board provides civil legal aid and advice and also has a role in supporting law centres and mediation offices located around the country. 

The Deputy will also be aware that FLAC provides a free confidential service that provides first stop, basic legal information, advice and referral, including for members of the Traveller community.  

Departmental Reports

Questions (1123)

Violet-Anne Wynne

Question:

1123. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the National Service Plan; if he will provide a review of same; when it is intended that reports such as Grounded from the Ombudsman's office and the Cost of Disability report by a company (details supplied) will be incorporated into the plan; and if he will make a statement on the matter. [2071/22]

View answer

Written answers

The HSE National Service Plan (NSP) is the responsibility of the Department of Health.

The Department of Health oversees the performance of the HSE in relation to the delivery of the services set out in its NSP. This is achieved through an on-going monthly performance management process where the HSE reports against the targets set out in the NSP. Monthly high-level meetings between management in both organisations are held to discuss on-going or emerging performance issues and to determine actions to resolve and improve areas of concern.  There is also regular engagement between HSE and Department of Health officials on a wide range of issues to ensure compliance with policy objectives. 

The impact of the current wave of the Omicron variant of the Covid-19 virus has caused a delay in the deliberations and finalisation of the NSP 2022.  NSP 2022 has been submitted to the Minister for Health and is currently under detailed consideration. It is envisaged that this process will be soon completed and that the Minister for Health will respond shortly. 

Under relevant legislation, the Minister for Health can either (a) approve the NSP, (b) approve with amendments, following consultation with the HSE or (c) issue a direction to the HSE. If the NSP is approved by the Minister, a copy of the Plan will be laid before both Houses of the Oireachtas (as required by legislation) and the HSE will subsequently publish the plan. 

The two reports referred to will be considered on a cross-departmental basis in 2022 in the context of the National Disability Inclusion Strategy (NDIS). The Cost of Disability Report will be discussed at the next meeting of the National Disability Inclusion Strategy Steering Group, which is chaired by my colleagues and Minister of State with responsibility for Disability, Anne Rabbitte, T.D. Consideration of whole-of-Government actions that respond to the conclusions and recommendations in the Cost of Disability Report will be coordinated through NDIS implementation and monitoring structures. The Ombudsman’s report into personal transport schemes similarly provides a valuable evidence base for reviewing policy. Under Action 104 of the NDIS a  Working Group exists which aims to “review of transport supports encompassing all Government funded transport and mobility schemes for people with disabilities, to enhance the options for transport to work or employment supports for people with disabilities”. The Ombudsman's Report will be considered by this Working Group.  

Legislative Process

Questions (1124)

Ivana Bacik

Question:

1124. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth when the Gender Pay Gap Information Act 2021 will be commenced. [2165/22]

View answer

Written answers

The Gender Pay Gap Information Act 2021 was signed into law on 13th July 2021. The Act requires the Minister for Children, Equality, Disability, Integration and Youth to make Regulations, requiring employers to publish:

- The mean and median hourly wage gap, the former reflecting the entire pay range in an organisation and the latter excluding the impact of unusually high earners. 

- Data on bonus pay. 

- The mean and median pay gaps for part-time employees and for employees on temporary contracts. 

- The proportions of male and female employees in the lower, lower middle, upper middle and upper quartile pay bands.

The Regulations will also require employers to publish a statement setting out, in the employers opinion, the reasons for the gender pay gap in their company and what measures are being taken or proposed to be taken by the employer to eliminate or reduce that pay gap.

The reporting requirement will initially apply to organisations with 250 or more employees but will extend over time to organisations with 50 or more employees.  Organisations will be required to indicate the reasons for any gender pay differentials that are reported.

Regulations implementing the Gender Pay Gap Information Act 2021 are currently being developed and it is anticipated these will be finalised and published in early 2022. The Act will be commenced once the Regulations have been published.  It is further anticipated that reporting by organisations with +250 employees will also commence in 2022.

This Department is also developing an information campaign for employers which will complement the regulations. The information campaign will set out the benefits of the reporting requirements and give information to employers on fulfilling these requirements.  

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