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Tuesday, 20 Sep 2022

Written Answers Nos. 396-417

Social Welfare Benefits

Questions (396)

Peter Burke

Question:

396. Deputy Peter Burke asked the Minister for Social Protection if she will provide information regarding lone parent's allowance (details supplied); and if she will make a statement on the matter. [45969/22]

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Written answers

The One-Parent Family Payment (OFP) is a payment to support lone parents under 66 who are bringing children up without the support of a partner. The payment is means-tested and it is payable when the youngest child is under 7 years old.

At the end of August 2022, there were 42,123 people in receipt of OFP. The average duration of these claims was 56 months.

The Jobseeker’s Transitional Payment (JST) is a is a special arrangement under the Jobseeker’s Allowance scheme. It is a means-tested payment to support lone parents whose youngest child is is aged between 7 and 13 years old inclusive. It is a requirement for recipients of the payment to engage with the Department's Intreo service.

At the end of August 2022, there were 18,612 people in receipt of JST. The average claim duration of these recipients was 71 months.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (397)

Peter Burke

Question:

397. Deputy Peter Burke asked the Minister for Social Protection if she will provide information regarding carer's allowance (details supplied); and if she will make a statement on the matter. [45970/22]

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Written answers

Carer’s Allowance is a payment to people on low incomes who are caring full-time for a person who needs support because of age, disability or illness (including mental illness). The person being cared for must require full-time care and attention.

There are a number of factors that impinge on the length of time a person continues to receive Carer's Allowance. The continued entitlement to Carer's Allowance varies depending on both the circumstances of the carer and the nature of the illness or disability of the person receiving care. In addition, there are circumstances in which a person may reapply for Carer's Allowance, but the original claim date is retained on the system, therefore making durations appear longer than they might be in reality. As a result, I am advised that the average length of time a person claims Carer's Allowance is not readily available.

Mother and Baby Homes Inquiries

Questions (398)

Mary Lou McDonald

Question:

398. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth if he has reached an agreement with the relevant religious orders on contributing towards redress for survivors of mother and baby homes. [45472/22]

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Written answers

The Commission of Investigation into Mother and Baby Homes made significant findings in relation to the failings of the State and Religious Congregations, who together ran Mother and Baby and County Home Institutions. The Government believes that all relevant parties have a shared moral and ethical obligation to support appropriate actions in response to the Commission’s Report.

Following Government approval on 16th November 2021 of the proposals for the Mother and Baby Institutions Payment Scheme, I commenced a process of engagement with all the Religious Congregations and Church Leaders with a view to discussing with them how they might contribute to the Payment Scheme.

The meetings commenced on an individual basis with each of the Religious Congregations and lay Catholic organisations involved with these institutions in December 2021. The purpose of the meetings has been to outline the details of the proposed Payment Scheme and to discuss how the Congregation or organisation intends to contribute to the cost of this Scheme.

The Government recognises that these discussions are very important to survivors and to the public, and I am keen to conclude them in the shortest possible timeframe.  However, such matters can take time. While the negotiations are ongoing they are being treated as confidential. Accordingly, it would not be appropriate to say anything further on the matter at this time. The Congregations have been made aware that I am accountable to the Oireachtas and, as such, I will provide a full report to Government when the process is concluded.

Child Protection

Questions (399)

Mary Lou McDonald

Question:

399. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth the progress to date in implementing each of the seventeen recommendations of the Special Rapporteur on Child Protection Proposals for a State Response to Illegal Birth Registration in Ireland in tabular form. [45483/22]

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Written answers

The Birth Information and Tracing Act 2022 robustly fulfills the vast majority of the Special Rapporteur's recommendations, specifically addressing recommendations 1- 14 inclusive.  The Birth Information and Tracing Act 2022 was signed into law by President Higgins on 30 June 2022. I commenced the first parts of the Act on 1 July with the establishment of the Contact Preference Register and the launch of the Public Information Campaign. The Act provides that the Contact Preference Register must be open for a minimum period of three months before applications for birth information can be accepted. Accordingly, on the 12th September, I signed the Order which will commence information and tracing services from 3rd October. 

I have set out progress to date in implementing each of the seventeen recommendations of the Special Rapporteur on Child Protection's Proposals for a State Response to Illegal Birth Registration in Ireland in tabular form below.

Recommendation

Progress to date

Recommendation #1: Every person has a legal right to have their identity (including their parentage and their date and place of birth) accurately recorded. The Irish State is obliged to take measures to ensure that this occurs; to mitigate risks that birth registrations may be falsified; and to investigate and remedy instances of incorrect registration.

In recognition of every person’s legal right to have their identity accurately recorded, the Government introduced significant amendments to the Civil Registration Act, through the Birth Information and Tracing Act 2022.  These amendments ensure that robust legal powers exist for the General Registrar to obtain relevant information to support correction of the birth register.

Recommendation #2: In spite of having knowledge since the early 1950s of the possible existence of a practice of illegal birth registrations, and having received an actual admission of the practice as early as 1992, the State failed until 2010 at the earliest to take sufficient steps to prevent the practice; to investigate its scale; or to remedy its effects. These failures exacerbated the impact of illegal birth registration on the persons affected and amounted to a violation of the right to identity under domestic and international law. It is incumbent on the State to take all practicable measures to remedy these violations without further delay.

The Government has taken measures to remedy these matters through the Independent Review into Illegal Birth Registrations commissioned in 2018, the creation of the Interdepartmental Group in January 2021 to develop policy proposals to address issues arising for persons affected by illegal birth registration and the extensive new legislative measures set out in the Birth Information and Tracing Act 2022.  These measures span issues of access to information, statutory tracing services, specialist tracing services, amendments to the Civil Registration Act to support accurate birth registration and legal acknowledgement of 'lived' identity, assurance on contracts entered into by affected persons and amendments to succession law. 

Recommendation #3: It is a matter for persons affected by the practice of illegal birth registrations to indicate whether they wish to receive a State apology. Should such an apology be requested, it should be forthcoming. However, apologies carry little weight unless backed by practical measures to remedy the rights violation in question. As such, the State should implement measures aimed at the identification, so far as possible, of cases of illegal birth registration; informing individuals affected; and correcting the register of births.

The then Taoiseach, Leo Varadkar T.D., and the lead Minister, Roderic O’Gorman T.D., have delivered separate apologies on behalf of the Government, on the record of the Houses of the Oireachtas, to people affected by an illegal birth registration.

 

In recognition of every person’s legal right to have their identity accurately recorded, the Government has introduced extensive new legislative measures via the Birth Information and Tracing Act 2022 (see response above).

Recommendation #4: In implementing such measures, it is incumbent on the State to take steps aimed at mitigating the trauma that may be experienced by individuals who are affected by illegal birth registration, and to avoid doing anything that might add to that trauma. Every care must be taken to ensure that individuals affected by illegal birth registration are informed in an ethical and sensitive manner; that the information provided is accurate; and that affected persons are provided with the necessary supports to assist them in dealing with the trauma that typically results.

The Government accepts the importance of ensuring that people affected by illegal birth registration are informed in an ethical and sensitive manner; that the information provided is accurate; and that affected persons are provided with the necessary supports to assist them in dealing with the trauma that typically results. 

Tusla has reviewed practice in how individuals are informed and is committed to holding itself to the highest standards in terms of sensitive, ethical practice, underpinned by the provision of strong supports. It also continues to engage with affected individuals with a view to ensuring that their views inform ongoing development of sensitive and ethical practice.  

Under the Birth Information and Tracing Act 2022, a broad spectrum of counselling and support is available to relevant persons, including those affected by illegal birth registration on request. A number of support options are in place for anyone impacted.  In particular, Tusla, through Barnardos, provides a therapeutic service and counselling support to those whose births were illegally registered.  These supports are available on both an individual and group basis, subject to the wishes of each individual. 

Recommendation #5: The proposals contained in the Birth Information and Tracing Bill regarding a Register of Acknowledged Identity, which would allow a person affected by illegal birth registration to have the details of the registration of their birth corrected while also continuing to legally use the identity which they have used all of their life, are endorsed as striking the correct balance.

The Birth Information and Tracing Act 2022 provides for affected persons to have their birth accurately recorded and also to have the identity by which they have lived legally recognised, with a choice in terms of a person being able to generate a certificate from the register of their choosing (i.e. the birth register or the new register).

Recommendation #6: Adoption tracing legislation providing for unqualified access to birth certificates, adoption files and other early life information, both for formally completed adoptions and for incomplete adoptions which resulted in an illegal birth registration, should be enacted at the earliest possible opportunity.

The Birth Information and Tracing Act 2022 provides a full and clear right of access to birth certificates, birth and early life information for all persons who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.  Information and tracing services under the Act will open from 3 October.

Recommendation #7: Adoption records currently in private hands should be acquired by the State and held in a centralised archive.

Part 7 of the Birth Information and Tracing Act 2022 provides for the safeguarding of records. It provides for immediate safeguarding on commencement, and also enables the transfer of records to the Adoption Authority of Ireland, upon direction by the Authority.

These measures provide the immediate foundation for the broader Government commitment, as set out in the Government Action Plan, to develop a National Centre for Research and Remembrance encompassing a central repository of records.

Recommendation #8: To avoid further lengthy delays in delivering a remedy to individuals affected, a targeted and focused approach should be adopted that builds on the report of the Independent Reviewer.

Government fully accepts the right of a person to be informed of the fact of a confirmed illegal birth registration. In the known, confirmed cases of illegal birth registration from St. Patrick’s Guild, it instructed Tusla to inform each of the individuals affected.

Government also accepts that any person who suspects that they may have been the subject of an illegal birth registration (“relevant person”) should have a right to request an expedited review of their case.  This is provided for under the Birth Information and Tracing Act 2022. 

In the case of files which were flagged as suspicious, and where the person concerned has not sought information or a review of their case, the Minister will request that Tusla undertake a review of these files to identify which ones have markers which are indicative of potential illegal birth registration and to establish if any of these cases can be confirmed.  Where confirmed, affected individuals will be informed of this in an ethical, sensitive and fully supported manner.  The Minister has provided the necessary legal basis for this review through the Birth Information and Tracing Act 2022 and will not proceed to issue a formal direction to Tusla.

Recommendation #9: A Specialist Tracing Team should be established and provided with ring- fenced resources that ensure that it does not negatively impact on other adoption tracing work.

As indicated above, a specialised tracing service under has been provided for under the Birth Information and Tracing Act 2022.

Recommendation #10: The Specialist Tracing Team should conduct a full trace on files flagged by Tusla as suspicious in the course of the independent review process, with a view to establishing which (if any) of these cases can be confirmed as cases of illegal birth registration, and identifying the potential for further targeted investigation of other adoption files. Files currently in private ownership (which to date have not been reviewed for evidence of illegal birth registration) should be subject to an initial sample review by the Specialist Tracing Team, followed by whatever more detailed review is warranted by the results of the initial review.

Under the Birth Information and Tracing Act 2022, the Minister will direct a review and full trace of files flagged as suspicious during the independent review of files of the St. Patrick's Guild adoption society.

Recommendation #11: If necessary, the Birth Information and Tracing Bill should provide for legal authority for the work of the Specialist Tracing Team, as well as any similar future activity by either Tusla or the Adoption Authority of Ireland aimed at investigating historical irregularities in adoption practices.

The Birth Information and Tracing Act 2022 provides legal authority for specialist tracing services to be delivered by Tusla or the AAI at any point in the future under direction of the Minister.

Recommendation #12: There should be a right to request the Specialist Tracing Team to conduct an expedited review of cases involving a reasonable suspicion of illegal birth registration. This right should extend both to the person potentially affected and to their children. Such reviews should involve the use of both documentary and DNA evidence.

Under the Birth Information and Tracing Act 2022 the specialised tracing service will provide expedited reviews for persons who hold reasonable suspicions that they may have been the subject of an illegal birth registration.

Recommendation #13:

The State should facilitate the availability of support services for persons affected by illegal birth registrations, including (but not limited to) counselling supports, family mediation services, support groups and genealogical research assistance. Appropriate funding should be provided for such services.

The Birth Information and Tracing Act 2022 establishes a broad spectrum of counselling and support for persons affected by illegal birth registrations, on request. A number of support options are in place for anyone impacted.

 

As part of its preparations for implementing the Birth Information and Tracing Act 2022, Tusla has secured genealogical expertise which will be made available to assist individuals, including those affected by illegal birth registration, through its statutory tracing service.  Through its tracing service, it will also facilitate communication and contact between family members and people affected by illegal birth registration. 

Recommendation #14: The Birth Information and Tracing Bill in its enacted form should ensure that DNA evidence can play a full part both in tracing and in the provisions governing the correction of the register, and adopt an approach that is not unduly prescriptive in respect of what forms of DNA evidence or information from genealogical databases will be accepted.

The use of DNA evidence that aligns with court standards is a feature which supports the correction of birth records in the register of births. Other DNA evidence may play a part in tracing and each case will be taken on a case by case basis.

Recommendation #15: The Status of Children Act 1987 should be amended to allow for mandatory DNA testing of relatives other than potential parents in appropriate cases, with suitable safeguards included to ensure that this power is used in a proportionate manner. It should also be amended so that adopted persons could avail of court-ordered DNA testing in cases where documentary evidence does not allow them to trace their identity.

The Status of Children Act 1987 is under the remit of the Department of Justice.  Therefore, any amendment of the Act is a matter for the Minister for Justice.

Recommendation #16: Provision should be made to cover legal costs of persons affected by illegal birth registrations. Such provision should be sufficient to ensure that individuals who need to apply for a declaration of parentage (including potential DNA testing) should be in a position to make an application without undue delay.

The Government has approved a once-off payment of €3,000 for the individuals whose illegal birth registration has been confirmed by Tusla.

 

This payment is intended as contribution towards costs such as legal fees which may be incurred in respect of seeking information on the implications of their birth registration in the context of their particular individual circumstances.  This information may relate to identity documents, contracts, registration of marriages and children, inheritance (in relation to both birth and social families), tax, the making of a will, etc. 

 

The development of this payment scheme is at an advanced stage with a view to implementation in late 2022.

Recommendation #17: A State inquiry into illegal adoptions (broadly defined) should be established on a non-statutory basis. The inquiry should adopt the truth commission model and be informed by principles of transitional justice (elaborated on in section 7 above). The scope, composition and working methods of the inquiry should be determined in consultation with persons affected by illegal adoptions, and consideration should be given to including such a person as a full member of the inquiry.

Government remains committed to delivering on the actions, as set out in the Government Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions, which respond to the priority needs and wishes of survivors, their families and advocates.  It has already made substantial progress on addressing the issues arising for people affected by adoption and illegal birth registration through the enactment of the Birth Information and Tracing Act 2022 (Action 4).  Under the Action Plan, the Minister is also advancing work on an initiative for Recognition of the Voices and Lived Experiences of Survivors (Action 7.4). This would establish a process for survivors to come forward voluntarily and share the account of their lived experience, with a view to having it formally recognised for posterity as part of the official record.  This work fulfils one of the objectives of any truth commission, namely providing official recognition to the lived experience of people.  As a consequence of all this ongoing work, the Government will need to give further consideration to this specific recommendation.  

The question of creating an effective non-statutory inquiry is a sensitive, complex and challenging one.  The Special Rapporteur acknowledges this and, in particular, notes the challenges associated with access to records for a non-statutory inquiry.  

Mother and Baby Homes Inquiries

Questions (400, 401)

Mary Lou McDonald

Question:

400. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth the dates on which he has met with the Collaborative Forum of Former Residents of Mother and Baby Homes and Related Institutions in 2020, 2021 and to date in 2022. [45524/22]

View answer

Mary Lou McDonald

Question:

401. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth when he will publish the report of the Collaborative Forum of Former Residents of Mother and Baby Homes and Related Institutions, submitted in December 2018. [45525/22]

View answer

Written answers

I propose to take Questions Nos. 400 and 401 together.

I am committed to ongoing engagement with former residents of Mother and Baby Institutions and their advocates. I have directly engaged with survivors and advocacy groups since my appointment and will continue to engage with those most centrally involved with these matters.

As I have acknowledged previously, plenary meetings of Collaborative Forum were unfortunately interrupted by the Covid-19 pandemic. Having met in December 2019, it was necessary to put these meetings on hold in 2020 in the context of the public health restrictions as a number of members travel from outside the jurisdiction and some members are also in the at-risk groups identified by public health authorities.  

Throughout 2020, members of the Forum were updated on relevant matters by the Forum Secretariat based in my Department. In 2021, there was engagement with the Forum via my Department in relation to an invitation to appear before the Joint Oireachtas Committee on Children, Equality, Disability and Integration in relation to the pre-legislative scrutiny of the General Scheme of the then Institutional Burials Bill. I was pleased to see the Committee directly engage with members of the Collaborative Forum on this historic legislation.

I held two virtual meetings with members of the Collaborative Forum in February 2021 to share developments in the State’s response to the Commission’s report and to engage on matters of concern to members. A proposed new structure to support wider stakeholder engagement was a specific agenda item. Further discussions on this issue were independently facilitated with Forum members during 2021, and feedback resulting from this process has assisted in refining proposals which I hope to bring to Government shortly. 

I also met with the Collaborative Forum on the 22nd of March this year to update members on the progress being made in advancing key initiatives in the published Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions. We discussed specific matters of concern to the Forum, including the significant legislative programme being progressed as part of the Action Plan and arrangements for publication of the Forum’s report.

Publication of the Forum’s report had to initially await the publication of the Commission’s report. For this reason, the Forum's recommendations were initially published and a commitment was given to revisit the question of publication following the completion of the Commission's work. Thereafter, acting on legal advice, the Department commenced a right of reply process to ensure relevant parties named in the report were afforded due process prior to publication. I can confirm that this necessary process has been concluded, thereby enabling my Department to seek further advices from the Attorney General’s Office with a view to publication.

I will contact the Collaborative Forum directly in advance of any arrangements being made for publication of the submitted report. 

Question No. 401 answered with Question No. 400.

Mother and Baby Homes Inquiries

Questions (402)

Mary Lou McDonald

Question:

402. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth if he consulted with the Collaborative Forum of Former Residents of Mother and Baby Homes and Related Institutions prior to or following his announcement last year of his intention to appoint a human rights legal expert to review the evidence given to the Commission of Investigation into Mother and Baby confidential committee and his subsequent decision not to proceed with this commitment. [45526/22]

View answer

Written answers

Following publication of the Final Report of the Commission of Investigation, I listened to the disappointment of some survivors when the Report of the Confidential Committee did not live up to their expectations. This included the concerns expressed directly to me by members of the Collaborative Forum in relation to the treatment of survivor testimony. Although care was taken in the design of the Confidential Committee component to try and allow the truth as survivors wanted it told to emerge, I recognise that this has not happened for many of them. I acknowledge the deep hurt which this has caused.

I had previously indicated the possibility of a review of the testimony offered to the Confidential Committee. Having considered the matter, and recognising the independent analysis subsequently submitted to me by the Special Rapporteur as part of his annual report, I believe that a new initiative to support survivors in telling their personal account provides the best opportunity for responding to their call to be heard in their own words. In developing this initiative, I am mindful of the continuing influence of the legal framework provided by the Oireachtas to facilitate and direct the Commission’s work, and the value of providing a new opportunity to survivors who may wish to share their lived experiences.

My Department is currently working on proposals for this new process. In developing this new initiative my officials are consulting with relevant legal and technical experts and, most importantly, will consult with survivors. Specific proposals will be brought to Government for approval this year.

It is intended that the initiative will focus on respectful recording and acknowledgement of lived experiences rather than being inquisitorial in approach.  The scheme will be underpinned by statute and operate on a voluntary basis, with personal accounts received and utilised with the consent of participants. It will be overseen by a team with expertise in human rights, trauma and memory, communications and oral history.

As this new approach will not be limited to those who participated in the Confidential Committee element of the Mother and Baby Homes Commission of Investigation, it can provide a voluntary opportunity for all survivors who may wish to have their personal experience acknowledged as part of the national record. Those who previously recounted their experiences to the Confidential Committee will have the option of permitting the reuse of this testimony and/or offering new or additional oral or written testimony. 

These personal accounts or “lived experiences” will be housed in the National Centre for Research and Remembrance, which received Government approval on 29 March this year, and stand for posterity. While I have not spoken directly with the Collaborative Forum about the initial scoping work, I can assure the Deputy that survivors will be consulted in the course of developing this important initiative.

Mother and Baby Homes Inquiries

Questions (403)

Mary Lou McDonald

Question:

403. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth the efforts that his Department has made to identify the burial places of approximately 850 children known to have died in Bessborough Mother and Baby Home in Cork but the locations of their remains are unknown. [45527/22]

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Written answers

The investigation of burial arrangements in Mother and Baby Homes, including the former institution in Bessborough, was an important part of the work of the Commission of Investigation into Mother and Baby Homes and certain related matters. The Fifth Interim Report report noted that, despite extensive inquiries and searches, the Commission was only able to identify the burial places of 64 of children who died while resident in Bessborough. In the Final Report, the Commission further noted that it spent considerable time and resources to establish burials places of more than 1,400 children and infants who died in Bessborough Home and Sacred Heart Maternity Hospital or the Cork County Home and St Finnbarr's Hospital; however, it was only able to locate the burial places of 101 infants who died in one or other of these institutions.

The Commission also concluded that it is likely that some of the children who died at Bessborough are buried in the grounds but was unable to find any physical or documentary evidence of this. The Commission carried out cartographic and landscape assessments of possible unrecorded burial arrangements and also followed up with people on responses to its appeal seeking information about burials in Bessborough. As no evidence of locations was found, the Commission did not consider it feasible to excavate the full available site, which amounts to 60 acres.

The Institutional Burials Act 2022, which came into effect on 15th July last, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way.  The legislation was developed in response to the abhorrent situation at the site of the former Mother and Baby institution in Tuam, Co. Galway.  To avoid delays in responding to any similar situations that may arise in the future, the Act is not site specific and also allows for interventions at other institutional sites should manifestly inappropriate burials be discovered.

I am very conscious of the distress felt by families regarding the death of relatives who were resident in the institution in Bessborough and the uncertainty regarding their burial places. However, it is not open to the Government, and by extension to my Department, to procure or carry out investigations at the Bessborough site.

I have emphasised that adequate consideration should be given to the findings of the Commission and the views of survivors and family members in the context of the proposed development of Bessborough site. Last year I made submissions to An Bord Pleanála and Cork City Council as part of the normal planning process, in respect of two planning applications made, requesting that due consideration be given to the sensitivity of the site and the conclusion of the Commission's reports.

I will continue highlight the importance of appropriate treatment of sites associated with Mother and Baby homes and promote engagement with survivors, former residents and family members.

Budget 2023

Questions (404)

Cormac Devlin

Question:

404. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to a pre-budget submission by an organisation (details supplied); and if he will make a statement on the matter. [45533/22]

View answer

Written answers

I have received the Pre-Budget Submission for Budget 2023 from the organisation referred to by the Deputy and its contents have been noted.  

I am committed to supporting this important sector, which has enormous value to the many young people involved and from a broader social and economic viewpoint. 

Budget 2023 is currently being considered by Government in the context of the annual estimates process. As this is ongoing, the Deputy will appreciate that it would not be appropriate for me to comment further at this stage.

Child and Family Agency

Questions (405)

Michael Fitzmaurice

Question:

405. Deputy Michael Fitzmaurice asked the Minister for Children, Equality, Disability, Integration and Youth the way in which TUSLA are allowed to hold up registration of Early Years Services because of inadequacies in their office and leave children without a service knowing that the school term begins in September 2022; and if he will make a statement on the matter. [45559/22]

View answer

Written answers

As the subject matter of the Deputy's question relates to an operational matter for Tusla, I have referred the matter to them for a direct reply.

Departmental Transport

Questions (406)

Holly Cairns

Question:

406. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the steps that he is taking to increase the percentage of electric or hybrid vehicles owned by his Department and state agencies and bodies under the Department’s remit. [45574/22]

View answer

Written answers

My Department does not own any vehicles, electric, hybrid or otherwise. 

The following bodies are under the aegis of my Department and I have asked that they reply directly to the Deputy on this matter.

Body

Child and Family Agency (Tusla)  

Adoption Authority of Ireland (AAI)

Ombudsman for Children’s Office (OCO) 

Children Detention School (Oberstown)

Irish Human Rights and Equality Commission (IHREC)  

National Disability Authority (NDA) 

An Gaisce  

Departmental Regulations

Questions (407)

Patrick Costello

Question:

407. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if there is a need for regulation to recognise epilepsy alert dogs and seizure alert dogs as service animals. [45611/22]

View answer

Written answers

While the Department of Children, Equality, Disability, Integration, and Youth has no explicit policy or legislative responsibility over service animals, both I and my colleague and Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, T.D, are committed to advancing the right to equality and non-discrimination for all people with disabilities. 

There is longstanding legislation which protects people with disabilities in terms of services.  The Equal Status Acts 2000-2018 prohibit discrimination against people with disabilities in the provision of goods and services, the provision of accommodation, and access to education. There are established complaints procedures for potential breaches of the Equal Status Acts. In June 2021, Minister O’Gorman, T.D, announced his intention to conduct a review of the Equality Acts (comprising of the Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015). The review will be informed by a public consultation and it will examine the functioning of the Acts, including their effectiveness in combating discrimination and promoting equality, including in relation to disability.

Childcare Services

Questions (408)

Cathal Crowe

Question:

408. Deputy Cathal Crowe asked the Minister for Children, Equality, Disability, Integration and Youth if measures will be put in place to address concerns (details supplied) with the new CORE funding model. [45808/22]

View answer

Written answers

Core Funding is allocated on the basis of a service’s capacity focusing on the typical operating week and typical operating weeks per year of a service.

One element of a service’s capacity is having the right staffing levels for the number of places offered for different age ranges and place types (sessional, part- or full-time) as stipulated by the statutory ratios.

Core Funding is not a direct payment for staff wages and it is not expected to cover the full cost of employing a staff member, including cover for any absences.

If a service requires short term relief staff to maintain capacity levels for staff illnesses, holidays, etc., the service will not be required to update or change their Core Funding Service Profile or Application.

However, longer term staff changes must be recorded in the Core Funding Service Profile and Application. The functionality to make changes to a service’s Core Funding application is currently in development and the Department will be issuing further communications on the Applications Changes process in the coming weeks.

Core Funding, in addition to funding from other sources - the ECCE programme, the National Childcare Scheme and other funding programmes - along with parental fees supports services to the meet the costs of their regular staff, and any relief staff that may be required from time to time, out of their total income.

Disability Services

Questions (409)

Charles Flanagan

Question:

409. Deputy Charles Flanagan asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the policy proposals for the provision of transport supports for persons with disabilities including the Working Group established under Action 104 of the National Disability Inclusion Strategy to review transport supports encompassing all Government-funded transport and mobility schemes for those with disabilities and the review of the disabled drivers and passengers (tax concessions) scheme by the Department of Finance . [45856/22]

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Written answers

Action 104 of the National Disability Inclusion Strategy (NDIS) commits to a review  of existing transport schemes and the development of proposals as to how a coordinated plan might be developed to enhance the options for transport to work or employment for people with disabilities. This Action is being progressed through the Transport Working Group, which was established to implement the NDIS Action.

The issue of transport supports for people with disabilities is a key priority for me as Minister of State with Responsibility for Disability. I chaired the most recent meeting of the Transport Working Group on 6 September 2022. At this meeting, the results of a scoping exercise of existing transport/mobility schemes for persons with disabilities was discussed. This discussion involved presentations from Government Departments on relevant schemes under their remit, and was conducted on foot of a stock taking exercise my Department conducted on existing schemes and provision across the state.

With the scoping exercise completed, the current focus of the Group's work is on assessing the gaps and challenges in provision. A call for submissions on specific proposals from members of the Transport Working Group was launched on 16 September, with group members having been briefed on existing provision. This will inform the creation of a ‘proposals paper’ on the provision of mobility and transport schemes, which will provide a basis and evidence base for further work and policy direction on the provision of coordinated supports.

Child and Family Agency

Questions (410)

Claire Kerrane

Question:

410. Deputy Claire Kerrane asked the Minister for Children, Equality, Disability, Integration and Youth if he will advise on delays with Tusla to registration and provision of early years services; the steps that are being taken to resume services as soon as possible where there are delays; and if he will make a statement on the matter. [45873/22]

View answer

Written answers

As the subject matter of the Deputy's question relates to an operational matter for Tusla, I have referred the matter to them for a direct reply.

Health Services Staff

Questions (411)

Seán Haughey

Question:

411. Deputy Seán Haughey asked the Minister for Children, Equality, Disability, Integration and Youth if the pay of staff working with vulnerable children in Section 56 organisations will be restored; if these staff can be given parity with staff working in Section 38 and 39 organisations; if the service-level agreement funding model for Section 56 organisations can be reviewed to allow for multi-annual funding; if Section 56 staff can be given the same pension rights and entitlements as granted to their Section 38 and 39 colleagues; and if he will make a statement on the matter. [45925/22]

View answer

Written answers

As Minister for Children, Equality, Disability, Integration and Youth, I am very conscious of the impact the community and voluntary sector have on improving outcomes for children, young people and families all over Ireland. To support these activities, additional funding was provided in Budget 2022 to enable Tusla to increase its supports to the community and voluntary sector.

The Minister for Health is best placed to respond on arrangements in place for organisations funded under Section 39 of the Health Act 2004.  Regarding Section 56 service providers, Section 56(14) of the Child and Family Agency Act 2013 stipulates that 'an arrangement under this section shall not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'.  Therefore, Section 56 service providers operate independently of my Department and of Tusla and are responsible for the recruitment of their own employees and the terms and conditions under which they are employed. The remuneration of these staff is a matter for these organisations.

There are currently no plans to review the terms of Section 56 of the Child and Family Agency Act 2013. However, the Government greatly appreciates the valuable work of the community and voluntary sector in assisting Tusla with its statutory remit for family support. My Department is determined to strengthen early intervention and family support services through the proactive expansion of services that have strong outcomes for children and their families. 

Health Services Staff

Questions (412)

Paul Murphy

Question:

412. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will ensure that those workers in Section 56 agencies, who were subject to the same pay cuts as Section 39 agencies, who have not had their pay restored, will receive a much-needed pay increase in line with inflation and the cost of living. [45942/22]

View answer

Written answers

As Minister for Children, Equality, Disability, Integration and Youth, I am conscious of the impact the community and voluntary sector have on improving outcomes for children, young people and families all over Ireland. To support these activities, additional funding was provided in Budget 2022 to enable Tusla to increase its supports to the community and voluntary sector.

Section 56(14) of the Child and family Agency Act 2013 stipulates that 'an arrangement under this section shall not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'.  Section 56 service providers, therefore, operate independently of my Department and of Tusla and are responsible for the recruitment of their own employees and the terms and conditions under which they are employed. The remuneration of these staff is therefore a matter for these organisations.

Departmental Reports

Questions (413)

Catherine Murphy

Question:

413. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the current number of live studies, reviews and research projects undertaken or commissioned by his Department in tabular form; and the date by which each study, review and research is scheduled to be completed. [45949/22]

View answer

Written answers

My Department has 36 live studies, reviews and research projects underway. 25 of these (69%) involve the commissioning of external experts.

For full details please see the table below:

Project

Commissioned or Internal

Scheduled Completion

A review of the current provision of Home Visiting Services for families with babies and young children in Ireland

Commissioned

Q1 2023

Review of the Child Care Act

Internal

Q4 2022

Early Learning and Care and School-age Childcare Funding Schemes compliance sampling and coverage review

Commissioned

Q1 2023

Qualitative research study into the practice of conversion therapy in Ireland

Commissioned

Q4 2022

Being LGBTQI+ in Ireland: the national study of LGBTQI+ mental health and wellbeing

Commissioned

Q2 2023

Study of the older LGBTI+ population in Ireland

Commissioned

Q4 2022

Survey of LGBTI+ residents in international protection accommodation centres

Commissioned

Q4 2022

Study of supports for parents of LGBTI+ youth

Commissioned

Q4 2022

Study on recognising the preferred gender of under 16s

Commissioned

Q1 2023

Milk Pilot for Early Learning and Care, in partnership with the National Dairy Council

Commissioned

Q3 2022

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

Commissioned

Q4 2022

Evaluation of Little Library 2021 and 2022

Commissioned

Q2 2023

12 Month Review of the ECCE Programme

Commissioned

Q3 2023

Little Baby Bundle Pilot Scheme

Commissioned

Q4 2023

Analysis of submissions to the public consultation on the Autism Innovation Strategy

Commissioned

Q4 2022

A study to evaluate the processes for implementation of three equality strategies

Commissioned

Q1 2023

Qualitative research to examine the workplace experiences of parents dealing with pregnancy loss

Commissioned

Q1 2023

Review of equality legislation

Internal

Q4 2022

Context-sensitive methods, tools and principles for inclusive terminology and appropriate language to represent persons who spent time in the institutions known as ‘Mother and Baby Homes’, ‘County Homes’ and related institutions and their experiences in these institutions

Commissioned

Q4 2022

Review of Early Years Regulations

Internal

Q4 2022

Three year review of the First 5 whole-of-Government Strategy

Internal

Q1 2023

A report on the responses to the public consultation on the next government policy framework for children and young people in Ireland

Commissioned

Q3 2022

2022 Edition of the State of the Nation’s Children

Internal

Q1 2023

Statistical Spotlight on First 5

Internal

Q4 2022

Process review of the LGBTI+ National Youth Strategy

Internal

Q4 2022

Variations in Children and Young People’s Health in Ireland: A Synopsis of Recent Research

Internal

Q4 2022

Research on the social worlds of 9 year olds

Commissioned

Q3 2022

Growing Up in Ireland Key Findings: Cohort ’08 at 13 years old

Commissioned

Q4 2022

Methodological advice on hearing the voice of the child in poverty

Commissioned

Q4 2022

Research on the housing situation of children 

Commissioned

Q4 2022

Spending review of Tusla funded C&V-sector-provided family support services

Internal

Q4 2022

Estimating Government expenditure on children

Internal

Q4 2022

Research on the early learning and childcare needs of parents who work atypical hours and live in rural communities

Commissioned

Q3 2022

POBAL Early Years Sector Profile

Commissioned

Q1 2023

OECD TALIS Starting Strong

Commissioned

Q1 2025

Research and data project examining the lives of children in care and adults who were in care as children

Internal

TBD

Bus Services

Questions (414)

Michael Healy-Rae

Question:

414. Deputy Michael Healy-Rae asked the Minister for Further and Higher Education, Research, Innovation and Science if a bus service can be sanctioned to assist an organisation (details supplied); and if he will make a statement on the matter. [45416/22]

View answer

Written answers

My officials are making enquiries with Cork Education and Training Board in relation to this matter and a response will issue to the Deputy once this enquiries are complete.

European Union

Questions (415)

Ivana Bacik

Question:

415. Deputy Ivana Bacik asked the Minister for Further and Higher Education, Research, Innovation and Science when approval by the European Commission of the Operational Programme for Ireland under the European Social Fund Plus 2021 to 2027 is expected. [45473/22]

View answer

Written answers

Ireland’s ESF+ Programme for 2021-27 has been prepared by the ESF Managing Authority in the Department of Further and Higher Education, Research, Innovation and Science. Following Government approval, the draft Programme was formally submitted to the European Commission on 22 July 2022. The European Commission are now assessing the draft Programme and may make observations on its contents which may require review of the Programme. The Common Provisions Regulation which governs ESF+ provides that the Commission must approve the Programme no later than five months after the date of first submission. As such it is expected that the ESF+ Programme will be approved in Q4 2022.

Student Accommodation

Questions (416, 435)

Matt Shanahan

Question:

416. Deputy Matt Shanahan asked the Minister for Further and Higher Education, Research, Innovation and Science the reason that the National Student Accommodation Strategy 2016-2024 targeted no additional student accommodation in Waterford over the eight years of the plan; if this plan is to be updated; and if he will make a statement on the matter. [45481/22]

View answer

Matt Shanahan

Question:

435. Deputy Matt Shanahan asked the Minister for Further and Higher Education, Research, Innovation and Science the reason that the National Student Accommodation Strategy 2016-2024 targeted no additional student accommodation in Waterford over the eight-year life of the plan; if this plan is to be updated or replaced and is still fit for purpose; and if he will make a statement on the matter. [45507/22]

View answer

Written answers

I propose to take Questions Nos. 416 and 435 together.

The National Student Accommodation Strategy set a target of at least an additional 21,000 bed spaces being constructed nationally by 2024.

The PBSA bed-space projections in the report considered the plans of higher education institutions, and planning permission applications from private sector developers.

The strategy also considers the alignment of this supply with projected demand. The supply and demand data was drawn from a number of sources including extensive Higher Education Authority research and contacts with higher education institutions and a number of private organisations including developers, managers and providers of purpose build student accommodation. In this context the strategy references demand for a further 343 bed spaces in Waterford by 2024.

The interim target of constructing 7,000 additional bed spaces by end 2019 as set out in Rebuilding Ireland: Action Plan for Housing and Homelessness was exceeded, with 8,300 bed spaces constructed in that period. The final National Student Accommodation Strategy target is the construction of at least an additional 21,000 bed spaces by 2024 and in relation to achieving that target my Department has been advised that at the end of 2021 an additional 12,149 bed spaces had been constructed with a further 3,128 on site and plans approved for an additional 10,493.

However, the strategy recognises that the demand for purpose built student accommodation (PBSA) currently outstrips supply and this trend will continue to 2024.

In the current wider very challenging housing environment and given the considerably increased costs of construction, the scarcity of PBSA provision and housing generally and the knock-on pressures on students trying to secure affordable accommodation, I have asked my officials to concentrate not on revising the current strategy but rather on radically altering the current model which is predicated primarily on the supply of PBSA from the private sector.

In this context I secured Government approval in July to advance an innovative policy that for the first time will see the State assist with the cost of building student accommodation beds in return for affordable rents for students. Detailed work is currently being advanced with a section dedicated to student accommodation having been established in the Department. Meetings will now take place with representative bodies and stakeholders as well as individual Higher Education Institutes with a view to developing pathways to accommodation and accelerating their delivery.

Further and Higher Education

Questions (417)

Paul Murphy

Question:

417. Deputy Paul Murphy asked the Minister for Further and Higher Education, Research, Innovation and Science if he will provide an update on the two building projects on the TU Dublin Tallaght campus announced by the Minister on the 18 August 2020. [45484/22]

View answer

Written answers

Co-funding of €7.7m was approved for a new Sports Science, Health and Recreation building for TU Dublin (Tallaght Campus). The institute has a high demand for courses in this area and the Tallaght campus will provide the hub for Sports Science within TU Dublin. The project is currently on site and is due for completion by Q4 2022.

On 18th August 2020 a 5,159m2 Culinary Arts, Engineering and Teaching Building was announced for the Tallaght Campus of TU Dublin as part of the Higher Education Public Private Partnership Programme -Bundle 1.

This state-of-the-art building will consist of labs, lecture theatres, classrooms, administration space, and ancillary space. In conjunction with decanted space elsewhere on campus, the new building will increase capacity of the institution by 1,118 students.

Bundle 1 of the Higher Education Public Private Partnership Programme, comprising six projects, is currently at preferred tenderer stage. A Preferred Tenderer has been appointed and the technical and commercial work streams are currently ongoing. It is currently estimated that the programme will achieve financial close in Q4 2022 with construction activities commencing on all six sites thereafter. The construction duration for the projects is in the region of 24 months and hence the facilities are estimated to become operational from Q4 2024 onwards.

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