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Tuesday, 8 Feb 2022

Written Answers Nos. 458-479

Social Insurance

Questions (458)

Peter Burke

Question:

458. Deputy Peter Burke asked the Minister for Social Protection her plans to remove the exemption to pay PRSI on supplementary pension; and if she will make a statement on the matter. [6005/22]

View answer

Written answers

Following consultation with the Deputy's office it is understood that the question relates to a recommendation of the Commission on Pensions.

The Pensions Commission was established, inter alia, to develop options for Government to consider in addressing the sustainability of the State pension system and the social insurance fund. The Commission presented its report to Government late last year and unambiguously established that the current State Pension is not sustainable into the future and that change is needed. It is a comprehensive and detailed report that takes account of responses to an extensive consultation process. The report sets out a wide range of recommendations, including measures to increase Social Insurance Fund (SIF) income.

I will work with my officials over the coming months to examine each of the recommendations carefully and will consult with colleagues in Government through the Cabinet Committee system. I think it is very important that we get all the relevant views and complete that examination work before reaching conclusions on any specific aspect or recommendation. Thereafter, I intend to bring a recommended response and implementation plan to Government for its consideration by the end of March.

The State Pension is the bedrock of the pension system in Ireland. It is extremely effective at ensuring that our pensioners do not experience poverty. This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers including those who are only starting their careers.

I trust this clarifies the matter.

Departmental Contracts

Questions (459)

Seán Sherlock

Question:

459. Deputy Sean Sherlock asked the Minister for Social Protection the agencies under the remit of her Department; the amount that has been spent on all Covid-19-related consultancy contracts by her Department and agencies under her remit in 2020, 2021 and to date in 2022, in tabular form; the amount paid for each consultant; and the reason for the consultancy. [6045/22]

View answer

Written answers

Details of the consultancy payment made by my Department in relation to Covid-19 are set out in the following table. There were no COVID-19 related consultancy payments made in 2020 and none to date in 2022.

Consultancy

Spend

Consultancy Support in the setting up of PUP Scheme Area and in establishing the Central Jobseeker Processing Unit - 2021

€122,508

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council and the Social Welfare Tribunal. There was no COVID-19 related consultancy expenditure incurred by these bodies in 2020, 2021 and to date in 2022.

Social Welfare Benefits

Questions (460)

Bernard Durkan

Question:

460. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in the determination of an application for illness benefit in the case of a person (details supplied); and if she will make a statement on the matter. [6111/22]

View answer

Written answers

In order to qualify for Illness Benefit, a person must have 39 PRSI contributions paid or credited in the second last complete tax year from which the claim is made, or they must have 26 reckonable PRSI contributions paid in both the second last complete tax year and the year prior to that. They must also have at least 13 PRSI contributions paid in one of the past 5 years from which the claim was made.

As advised in Parliamentary Question 402 which was answered on 16 November 2021, the person concerned does not meet the PRSI conditions necessary for payment of Illness Benefit and a letter issued to her explaining the situation.

My Department currently has no record of an application for Disability Allowance from the person concerned. If she expects to be incapable of work for at least one year, she should make an application so that her entitlement can be determined.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (461)

Alan Farrell

Question:

461. Deputy Alan Farrell asked the Minister for Social Protection the number of persons in receipt of jobseeker’s benefit in Fingal, County Dublin from 2017 to 2021, in tabular form; and if she will make a statement on the matter. [6158/22]

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Written answers

The data requested by the Deputy is set out in the following table. Note that the recipient numbers refer to the number of persons with Jobseeker Benefit claims registered in the following social welfare offices: Balbriggan, Blanchardstown, and Swords. Recipients who attend these offices may reside outside the bounds of the Fingal local authority area; there may also be recipients residing within the bounds of the Fingal local authority area who attend a different office.

2017

2018

2019

2020

2021

Jobseeker's Benefit Recipients

1,878

1,784

1,914

2,968

2,191

Pension Provisions

Questions (462)

Michael Creed

Question:

462. Deputy Michael Creed asked the Minister for Social Protection the pension entitlement of a person (details supplied); and if she will make a statement on the matter. [6173/22]

View answer

Written answers

Entitlement to State pension (contributory) can only be assessed on the basis of the eligibility conditions applicable on the date an individual reaches pension age, upon receipt of a duly completed application. The person concerned was born in 1959 and has therefore not reached current pension age.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment.

Factors such as an individual’s social insurance record, their attachment to the workforce, and their countries of employment affect the rate of pension entitlement. Self-employed contributors shall not be regarded as satisfying the qualifying conditions for State pension (contributory) unless and until all outstanding self-employment contributions are paid.

A person employed in the public sector as a permanent member of staff prior to the 6th of April 1995 would have paid a modified or reduced rate of PRSI. This reduced PRSI rate conveys entitlement only to Widow (er)'s and Orphan's Contributory Pensions and limited Occupational Injuries Benefits but is not reckonable for State pension (contributory) purposes, therefore not included in the calculation of a standard State pension (contributory).

However, modified contributions can be combined with full-rate contributions and credits to give an entitlement to a mixed insurance pro rata State pension (contributory). In order to be eligible for this pension an applicant must have 260 full-rate paid contributions.

A contributor who has not yet reached pension age is best advised to maintain their social insurance record as fully as possible over their working life. In the event that a person ceases insurable employment before reaching State pension age, they may wish to consider payment of voluntary contributions. Information about voluntary contributions, including eligibility conditions, is available by writing to Voluntary Contributions Section, Department of Social Protection, Cork Road, Waterford or volcons@welfare.ie.

I hope this clarifies the position for the Deputy.

Official Travel

Questions (463)

Catherine Murphy

Question:

463. Deputy Catherine Murphy asked the Minister for Social Protection if she will be travelling abroad for St. Patrick’s week 2022 on official visits; and if so, the location she is scheduled to visit. [6240/22]

View answer

Written answers

The Government is in the process of finalising the programme to mark St Patrick’s Day around the world. This will include a programme of visits by Ministers that will be approved by the Government early this month, and which will be made public immediately afterwards.

Social Welfare Benefits

Questions (464)

Brendan Griffin

Question:

464. Deputy Brendan Griffin asked the Minister for Social Protection if an application for fuel allowance will be awarded to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [6489/22]

View answer

Written answers

Fuel allowance is a means-tested payment to assist householders on long-term social welfare payments towards the cost of their winter heating needs. It is not intended to meet these costs in full. Only one allowance is payable per household.

The main eligibility conditions for receipt of fuel allowance are that a person must be in receipt of a qualifying payment, satisfy a means test and live alone or with other qualifying persons. The current threshold for the fuel allowance means test is €120 above the maximum weekly rate of State pension (contributory). This weekly income threshold increased from €100 to €120 with effect from 11 October 2021.

According to the records of my Department, the person concerned applied for fuel allowance on 30 October 2018 and on 13 September 2019. The person had an occupational pension in excess of €100 per week, which exceeded the previous means limit for fuel allowance on both occasions. Accordingly, they were notified in writing on 22 October 2018 and on 25 September 2019 that they did not qualify for fuel allowance on the basis of their means.

Since the threshold for the fuel allowance means test has now increased, it is open to the person concerned to reapply for fuel allowance. I have arranged for a Fuel Allowance application form to be sent to them. On receipt of a completed application, the person’s entitlement to fuel allowance can be examined by a Deciding Officer and they will be notified of the outcome.

I hope this clarifies the position for the Deputy.

Pension Provisions

Questions (465)

Brendan Griffin

Question:

465. Deputy Brendan Griffin asked the Minister for Social Protection the status of plans to introduce a pension for full time carers (details supplied); and if she will make a statement on the matter. [6491/22]

View answer

Written answers

The Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.

The Pensions Commission was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund, in fulfilment of a Programme for Government commitment. The Commission’s Terms of Reference included consideration of how people who have provided long-term care for incapacitated dependents can be accommodated within the State pension system.

The Commission was an independent body comprised of knowledgeable and experienced academics, pension experts, members of civil society and representatives of workers and employers. Once it completed its work and fulfilled its obligations, the Commission was dissolved. The Commission's Report was published on 7th October 2021. The report, Technical Sub-Committee's working papers and submissions made to the Pensions Commission are available on it's website.

The Pensions Commission’s Report is a comprehensive report that takes account of an assessment of various analyses of population, labour force and expenditure projections; an examination of international approaches; and responses to an extensive consultation process. It has unambiguously established that the current State Pension system is not sustainable into the future and that changes are needed, and it has set out a wide range of recommendations in this regard. It also recommended that long-term carers (defined as caring for more than 20 years) should be given access to the State Pension (Contributory) by having retrospective contributions paid for them by the Exchequer for any gaps in their contribution history arising from that caring.

The report has been referred to the Joint Committee on Social Protection, Community and Rural Development and the Islands. That Committee published its views on 2nd February and I and my officials will include these in our deliberations over the coming weeks.

Separately, as set out in its terms of reference, the Commission on Taxation and Welfare is considering the report of the Pensions Commission in the context of its review of potential changes to the social insurance system.

In the interests both of older people and future generations of older people, the Government intends to consider the comprehensive and far-reaching recommendations in the Pensions Commission’s Report very carefully and holistically. My officials are examining each of the recommendations and are consulting across Government through the Cabinet Committee system. I think it is really important that we complete that work and get those views before reaching conclusions. I intend bringing a recommended response and implementation plan to Government by the end of March 2022.

The State Pension is the bedrock of the pension system in Ireland. It is extremely effective at ensuring that our pensioners do not experience poverty. This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers, including those who are only starting their careers.

The Covid Recognition Payment as confirmed by the Minister for Health has been ringfenced to certain workers ordinarily onsite in COVID-19-exposed healthcare environments. This payment is a matter for the Minister for Health and is not under the responsibility of my Department.In so far as my role as Minister for Social Protection is concerned, I have done my utmost to support the invaluable role played by carers in our society.

My Department provides a comprehensive package of carer's income supports including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Combined spending on these payments to carers in 2022 is estimated to exceed €1.5 billion. Despite the extra financial demands due to the Covid-19 crisis, I increased the Carer’s Support Grant by €150 to a rate of €1,850. This is the highest rate since its introduction. In Budget 2022, I introduced a range of measures benefitting family carers directly, including:

- €5 increase in maximum rate of all core weekly payments, effective since January,

- €3 increase for qualified child dependants aged 12 and over and €2 for those up to age 12, in all core weekly payments,

- €5 increase in the Fuel Allowance from €28 to €33 per week, from 12 October 2021,

- An increase in the weekly income disregard for Carer’s Allowance to €350 a week for single carers and to €750 for carers with a spouse or partner, and

- An increase in the Capital/Savings disregard for Carer’s Allowance from €20,000 to €50,000.

Finally, I can assure the Deputy that I am very aware of the commitment and the key role carers play in society and the particular challenges they have faced in light of Covid-19 and I will continue to keep the range of supports available to carers under review. I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (466)

Seán Canney

Question:

466. Deputy Seán Canney asked the Minister for Social Protection her views on the difficulties faced by disabled artists trying to access social protection payments and the basic income for artists; if her attention has been drawn to the implications that this payment will have on social protection payments already received by disabled artists, in particular on the fact that while the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media will not means test the basic income for the arts payment, the Department of Social Protection will take the basic income for the arts payment into account for means tested disability payments and as the proposed basic income for the arts payment is €325 per week, this will exceed the income threshold for primary supports and therefore disabled artist will lose their primary supports if they avail of the basic income for the arts scheme; and if she will make a statement on the matter. [6541/22]

View answer

Written answers

The Arts and Culture Taskforce recommended the introduction of a pilot basic income scheme for artists. This was reflected in the National Economic Recovery Plan. Budget 2022 included an announcement of €25 million to pilot a new Basic Income Guarantee scheme for artists.

My colleague the Minister for Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media has lead responsibility for this initiative and the matter is being progressed by Minister Martin and her Department.

Any issues regarding the interaction between the new pilot payment and existing payments from my Department will fall to be addressed in due course as work on the proposed pilot is progressed.

Social Welfare Eligibility

Questions (467)

Michael Healy-Rae

Question:

467. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied) for an invalidity pension; and if she will make a statement on the matter. [6562/22]

View answer

Written answers

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

The Department received a claim for IP for the person concerned on 31 January 2022. The claim will be processed as quickly as possible and he will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Departmental Schemes

Questions (468)

Claire Kerrane

Question:

468. Deputy Claire Kerrane asked the Minister for Social Protection if she will ensure that recipients of social protection supports for persons with a disability will be able to participate in the forthcoming basic income scheme for artists with regard to the means testing income thresholds which are part of disability support requirements and which are below the income levels set out in the proposed basic income scheme; if consideration has been given to allowing disabled artists who participate in the scheme to retain access to payments such as disability allowance and the blind pension; and if she will make a statement on the matter. [6581/22]

View answer

Written answers

The Arts and Culture Taskforce recommended the introduction of a pilot basic income scheme for artists. This was reflected in the National Economic Recovery Plan. Budget 2022 included an announcement of €25 million to pilot a new Basic Income Guarantee scheme for artists.

My colleague the Minister for Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media has lead responsibility for this initiative and the matter is being progressed by Minister Martin and her Department.

Any issues regarding the interaction between the new pilot payment and existing payments from my Department will fall to be addressed in due course as work on the proposed pilot is progressed.

Birth Certificates

Questions (469)

Seán Haughey

Question:

469. Deputy Seán Haughey asked the Minister for Social Protection if an Irish citizen whose name is in English on their birth certificate can have their birth certificate reissued with the name in Irish in cases in which their passport has their name in Irish and in which this is necessary to apply for dual citizenship in a non-European Union country; and if she will make a statement on the matter. [6594/22]

View answer

Written answers

I can inform the Deputy that a birth certificate is a certified extract of information contained in the Register of Births. Where the English version of a person's name has been registered, as given to a registrar by their parent(s), this must be replicated in a birth certificate.

There is no provision in Civil Registration law which allows a person's name, as it appears in the Register of Births, to be translated into Irish on a birth certificate.

I trust this clarifies matters for the Deputy.

Social Welfare Eligibility

Questions (470)

Seán Sherlock

Question:

470. Deputy Sean Sherlock asked the Minister for Social Protection if a person (details supplied) is eligible for the supplementary welfare allowance or another welfare payment; and the basis for a previous refusal of an application for same. [6601/22]

View answer

Written answers

Social Welfare legislation provides that subject to certain disregards, all income and property belonging to an applicant (and his or her spouse/partner, where applicable) is assessable for means testing purposes for social assistance schemes such as Jobseeker’s Allowance (JA) and Supplementary Welfare Allowance (SWA).

The person concerned has made several applications for JA; the most recent was made in July 2021. The person concerned was assessed with weekly means of €430 derived from the capital value of a property she declared she owns and where she does not normally reside. The property is valued at €140,000. Property which is not personally used by a claimant is assessed on the capital value of the property. As the person concerned does not reside in the property, it cannot be considered as property personally used by her and therefore has to be considered in assessing her means.

Means on the property’s capital value of €140,000 were calculated as follows:

Disregard the first €20k – Nil = Nil

€20k to €30k - €1 per €1,000 = €10 weekly means

€30k to €40k - €2 per €1,000 = €20 weekly means

€40k to €140k - €4 per €1,000 = €400 weekly means

As the weekly means calculated are greater than the rate of JA payable for a person of her circumstances, the JA claim for the person concerned was disallowed.

The person concerned applied for SWA on 14/12/2020 and as this is also a means-tested payment her claim was disallowed.

Under the Supplementary Welfare Allowance scheme, my Department can make a single Exceptional Needs Payment (ENP) to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. There is no automatic entitlement to these payments which are payable at the discretion of the officers administering the scheme, considering the requirements of the legislation and all the relevant circumstances of the case. The person concerned made several applications for ENPs in 2021 and was awarded 3 ENPs for a total of €800. She also made a ENP application on 05/01/2022 and received a payment of €300 on 07/01/2022.

I trust this clarifies the matter.

Social Welfare Eligibility

Questions (471)

Brendan Griffin

Question:

471. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for disability allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [6607/22]

View answer

Written answers

I can confirm that my Department received an application for Disability Allowance (DA) from this person on 18 January 2022.

On 24 January 2022 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on their eligibility. On receipt of this information a decision will be made on their DA application and the person concerned will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Human Rights

Questions (472)

Charles Flanagan

Question:

472. Deputy Charles Flanagan asked the Minister for Children, Equality, Disability, Integration and Youth if it is the intention of the Government to formally adopt and apply the International Holocaust Remembrance Alliance working definition of anti-Semitism which has been supported by many governments worldwide and the European Council, European Commission and European Parliament. [5659/22]

View answer

Written answers

Ireland strongly condemns all forms of racism, xenophobia and intolerance. Since 2011, Ireland has been a member of the International Holocaust Remembrance Alliance (IHRA), an intergovernmental organisation that brings together governments and experts to share best practice and promote historically informed policy-making. Ireland was supportive of the adoption by IHRA of the non-legally binding Working Definition of Antisemitism. However, this support was conveyed on the basis that while Ireland was supportive of the definition we did not consider the illustrative examples that followed to be an integral part of the definition. As the Deputy may be aware, an Taoiseach was one of some 15 Heads of State and Government to speak at the Malmö International Forum on Holocaust Remembrance on 13 October 2021. The Government made a number of pledges which reinforce the Government's commitment to implementing the forthcoming anti-racism strategy, the proposed hate crime legislation; and to ongoing reform of the school curriculum to better address racism. The Deputy may wish to note that the General Scheme of the proposed Criminal Justice (Hate Crime) Bill 2021 brought forward by my colleague the Minister for Justice makes provision for an offence where a person publicly condones, denies or grossly trivialises any act falling within the definition of a “genocide” in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).In my own Department, the National Action Plan Against Racism for Ireland will include an action programme which identifies priority issues to be addressed, and with measures that strengthen the Government’s approach to combating racism, building on the actions currently included in the Migrant Integration Strategy, and the National Traveller and Roma Inclusion Strategy, preventing antisemitism and other forms of racism. My Department remains committed to Holocaust remembrance and to combatting antisemitism. On 30 January 2022, I was privileged to participate in the National Holocaust Memorial Day Commemoration, organised under the auspices of Holocaust Education Trust, and to hear the testimonies of those who had survived the horrors of the Holocaust. My Department provides annual funding to support this event, which commemorates the lives of those persecuted during the Holocaust.

Legislative Programme

Questions (473, 479)

Kathleen Funchion

Question:

473. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth when an institution (details supplied) was added to the list of mother and baby homes in the Schedule attached to the Birth Information and Tracing Bill 2022. [5811/22]

View answer

Kathleen Funchion

Question:

479. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the reason his Department added one institution (details supplied) to the list of mother and baby homes in the Schedule attached to the Birth Information and Tracing Bill 2022 given there are at least 182 institutions, agencies and persons who were involved in separating unmarried mothers from their children. [5851/22]

View answer

Written answers

I propose to take Questions Nos. 473 and 479 together.

I would like to thank the Deputy for drawing our attention to this typographical error in the Schedule of the published Bill. As she will be aware, the Schedule published as part of the General Scheme reads:“Bessborough Mother and Baby Home, CorkManor House Castlepollard”

Due to the mistaken addition of line breaks, the schedule in the published Bill reads:“Bessborough Mother and Baby Home Cork Manor House Castlepollard”

The list of institutions has not changed - the schedule attached to the General Scheme is the correctly formatted version. This typographical error will be rectified as the Bill is amended during committee stage.

Departmental Meetings

Questions (474, 475)

Kathleen Funchion

Question:

474. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of engagements his Department has had with Tusla on the Birth Information and Tracing Bill 2022. [5812/22]

View answer

Kathleen Funchion

Question:

475. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of engagements his Department has had with the Adoption Authority of Ireland on the Birth Information and Tracing Bill 2022. [5813/22]

View answer

Written answers

I propose to take Questions Nos. 474 and 475 together.

In June 2021, I established the Birth Information and Tracing Implementation Group. This group is led by my Department, and includes representatives from the Adoption Authority of Ireland and Tusla, the Child and Family Agency. The group meets on a regular basis, having held 8 meetings to date, whilst also progressing key pieces of work and liaising bilaterally between meetings.

The Group's focus is on organisational and system readiness to support the provision of services under the proposed Birth Information and Tracing legislation. Included in the Group's work is the development of draft policy guidelines to support robust and consistent implementation of the legislation.

In addition to the Implementation Group, the Department also engages with both the Adoption Authority and Tusla through regular governance and oversight meetings, where matters relating to the Birth Information and Tracing Bill are often discussed.

Officials in my Department have strong working relationships with their counterparts in the Authority and Tusla. This is central to the positive commitment and collaboration which is essential to successful implementation of the legislation in the interests of all those with questions on their origins.

Question No. 475 answered with Question No. 474.

Departmental Meetings

Questions (476, 477)

Kathleen Funchion

Question:

476. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of engagements his Department has had with church representatives on the Birth Information and Tracing Bill 2022. [5814/22]

View answer

Kathleen Funchion

Question:

477. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of engagements his Department has had with groups representing and advocating on behalf of affected persons on the Birth Information and Tracing Bill 2022. [5815/22]

View answer

Written answers

I propose to take Questions Nos. 476 and 477 together.

In advance of, and during the drafting process of the Birth Information and Tracing Bill, I have continued to engage with and listen to stakeholders who are affected by the provisions of the Bill. I am immensely grateful to all of those people who gave their time to relay their experiences, concerns and proposals.

In August 2020, February 2021, and March 2021 I met with adopted persons representative groups. This included representatives of both those who had experienced domestic adoption and those who had been adopted from Ireland to other jurisdictions. I greatly appreciated the unique insights provided from these interactions.

Following the publication of the General Scheme of the Birth Information and Tracing Bill in May 2021, I hosted a webinar to explain the intention of the legislation and to respond to questions. This was supplemented with a series of dedicated meetings with stakeholder groups to discuss the proposed legislation. In June 2021, I had a meeting with mothers, with key items of discussion covering terminology, their right of access and right to rectification under the GDPR, and the release of medical information.

Furthermore, I have also engaged in an intensive consultation process with individuals affected by illegal birth registration. The purpose of my consultation was to ensure that the legislative proposals for these persons adequately take account of the issues facing them.

These series of consultations were highly productive, with a range of themes emerging and informing the drafting process of the Birth Information and Tracing Bill.

In addition to my engagement as set out above, I have engaged with hundreds of individuals on the topic of the Birth Information and Tracing Bill through individual pieces of correspondence. I have also ensured that key updates on the Bill have been communicated to the hundreds of individuals registered with my Department to receive updates in this area. These individuals regularly correspond with my Department via email, and the number of participants registered on the mailing list continues to grow.

My Department has consulted with the Data Protection Commission, the Ombudsman for Children and has regular, intensive engagement with the Adoption Authority of Ireland and Tusla Adoption Services, both through the Birth Information and Tracing Implementation Group and more generally.

The Deputy has also asked about my engagement with church representatives and I can confirm that I held a positive meeting with representatives of the Catholic Church in Ireland specifically in relation to the provisions of the Bill. I am currently engaged in meetings with the relevant religious congregations in relation to the Mother and Baby Institutions Payment Scheme. As previously indicated when the Scheme was announced, I am seeking a contribution from congregations towards the cost of this Scheme.

Question No. 477 answered with Question No. 476.

Legislative Programme

Questions (478)

Kathleen Funchion

Question:

478. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth when the heads and general scheme of a childcare (amendment) Bill will be published; and if he will make a statement on the matter. [5841/22]

View answer

Written answers

My Department is currently drafting Heads of Bill following a review of the Child Care Act 1991. Government approval was granted in 2021 for the drafting of a General Scheme of an Amendment Bill to revise and update the existing legislation. This follows extensive consultation with stakeholders, including an Open Policy Debate in 2017, written consultations in 2018 and 2020 and extensive engagement with Tusla, the Child and Family Agency.

The 1991 Act is a wide-ranging piece of legislation, which seeks to promote the welfare of children who may not receive adequate care and protection. The proposals include changes across a wide range of areas, from relatively minor or procedural issues, to more significant reform proposals. This is a very large piece of work and my officials are currently drafting the General Scheme in consultation with colleagues in related policy areas within the Department and in other Departments.

It is anticipated that the General Scheme will be drafted by the end of the year. Following Approval by Government the Heads of Bill will be published and sent to the relevant Joint Oireachtas Committee for pre-legislative scrutiny.

Overview of Proposals

While many of the proposed changes are relatively minor or procedural in nature, some of the more significant areas of focus are as follows:

- It is proposed to introduce a guiding principles section to the Act, with the best interests of the child to be the paramount principle.

- Proposals to foster improved interagency cooperation include introducing a duty to cooperate and legislating for both local and national coordination bodies.

- The voice of the child is to be strengthened both in court proceedings and in decisions taken outside the court setting.

- In tandem with Family Court Reform being progressed by the Department of Justice, it is proposed to update provisions regarding local jurisdiction and to streamline and enhance the inquisitorial aspect of child care proceedings by putting in place enabling provisions to facilitate active case management and the introduction of alternative dispute resolution mechanisms (ADR).

- The proposals also include amendments to existing rules for Supervision Orders, Interim Care Orders, Care Orders, Emergency Care Orders and Voluntary Care Agreements.

Question No. 479 answered with Question No. 473.
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