Written Answers Nos. 752-771
752. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide details on funding allocated to Tusla's capital investment and projects therein; and if he will make a statement on the matter. [54356/22]
View answerTusla's overall 2022 capital funding allocation is €18.5 million.
This allocation funds a number of capital projects including major capital works, minor building and maintenance, vehicle replacement, house purchases and ICT investment.
Tusla's Estates Office manages the Agency's Capital Plan, which is outlined in Tusla's 2022 Business Plan.
The table below provides figures for Tusla capital funding allocations in recent years. I have asked Tusla to reply directly with details of projects funded.
|
Year |
Allocation |
|
|
2019 |
€13.194m |
|
|
2020 |
€16.894m |
|
|
2021 |
€18.676m |
includes €1.482m capital carryover from 2020 |
|
2022 |
€18.500m |
includes €1.000m capital carryover from 2021 |
I trust the Deputy finds this information helpful.
753. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide details on the direct payments and grant funds for provision of services to children and families; the amount in euros of these allocations that are paid outside of the State; and if he will make a statement on the matter. [54357/22]
View answerMy Department is currently collating the information requested and a reply will issue directly to the Deputy as soon as possible.
754. Deputy Marc Ó Cathasaigh asked the Minister for Children, Equality, Disability, Integration and Youth if he has any plans to reintroduce capital grants scheme for childcare facilities; and if he will make a statement on the matter. [54407/22]
View answerIn September, I was pleased to announce a €9m Capital Grant for the Early Learning and Childcare Sector. The Building Blocks - Improvement Grant is part of a wider Building Blocks Capital Programme for Early Learning and Childcare under the National Development Plan.
Grants will range from €35,000 to €75,000 across two separate strands: Green Energy and Retrofit.
The Green Energy Strand/Strand A will support the Climate Action Agenda and the Programme for Government, which aim to transition to a carbon neutral economy by the end of 2050 and to reduce greenhouse gas emissions by 51% by 2030.
Services that sign up for the Core Funding Scheme are eligible for funding under for the Building Blocks - Capital Programme. The capital grant scheme opened to applications on Friday 28th October 2022 and the closing date is Friday 25th November 2022. Successful applicants will be notified in early 2023.
The grant scheme is part of a wider Building Blocks Capital Programme designed to meet current and long-term Early Learning and Childcare infrastructure needs – with details of a €45m Building Blocks - Capacity Grant and a €15m Building Blocks - Innovation Grant to be announced in the coming months.
755. Deputy Alan Dillon asked the Minister for Children, Equality, Disability, Integration and Youth the actions that he plans to take to provide those who were subjected to racial discrimination and systemic racism in childcare institutions with effective remedies, through the mother and baby payment scheme; and if he will make a statement on the matter. [54411/22]
View answerFollowing publication of the Final Report of the Commission of Investigation into Mother and Baby Homes, the Taoiseach offered a formal apology on behalf of the Government, the State and its citizens to all those who spent time in these institutions. In this apology, the Taoiseach acknowledged the failings of the State, over many decades, to protect vulnerable citizens, and to uphold their fundamental rights. The State apology recognised the “additional impact which a lack of knowledge and understanding had on the treatment and outcomes of mothers and children with different racial and cultural heritage, those who faced mental health challenges, or those with physical and intellectual disabilities”.
It was further acknowledged that “such discriminatory attitudes exacerbated the shame and stigma felt by some of our most vulnerable citizens, especially where opportunities for non-institutional placement of children were restricted by an unjust belief that they were unsuitable for placement with families”.
This State apology marked a starting point for further measures designed to address the needs and concerns of survivors and their families.
I am acutely aware that there is no financial payment which could make up for the immense pain and suffering endured by so many of our citizens whose lives have been affected by these issues.
The Mother and Baby Institutions Payment Scheme is just one aspect of the overall redress package of supports and measures set out in the Government’s Action Plan for Survivors and Former Residents of Mother and Baby and County Homes Institutions which seeks to provide an inclusive and enduring response to the priority needs of all survivors.
The Scheme stands as a recognition of time spent, harsh conditions, emotional abuse and all other forms of harm, mistreatment, stigma and trauma experienced while resident in a Mother and Baby or County Home Institution. The proposed structure of the Scheme, with increasing financial payments depending on length of stay, recognises that higher payments should be made to those who were subjected to institutional conditions for a prolonged period. This would acknowledge the reality that some may have experienced longer institutional stays due to a wholly unjust belief that they were unsuitable for placement with families.
The approach allows for a simple and non-adversarial application process, in which applicants will not have to prove abuse and the State can shoulder much of the administrative burden.
756. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if a person (details supplied) who was staying at a location qualifies for redress. [54460/22]
View answerThe launch of the Mother and Baby Institutions Payment Scheme is a Government priority and the Bill underpinning the Scheme was published on 17th October. St. Patrick’s/Pelletstown, Navan Road, Dublin 7, is included in the list of relevant institutions covered by the Scheme as set out in Schedule 1 of the Bill. This is inclusive of Eglinton House, following the transfer to that location.
It is not possible to determine if an individual will be eligible for the Scheme in advance of the Scheme opening and their application being processed.
Once the legislation has been enacted and, following this, the work to set up the administrative structures to deliver the Scheme has been completed, the Scheme will open for applications. I expect this to happen as soon as possible in 2023.
757. Deputy Alan Dillon asked the Minister for Children, Equality, Disability, Integration and Youth the future allocation from Tusla to an organisation (details supplied); and if he will make a statement on the matter. [54486/22]
View answerThe Deputy is referring to an operational matter for Tusla, the Child and Family Agency. Tusla administers the Family Resource Centre (FRC) Programme which provides funding support to 121 FRCs across the country. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.
I would like to thank the Deputy for meeting with me recently on the issue of Family Resource Centre resources in Co. Mayo and for his continued engagement on this important issue. In a subsequent meeting with the Tusla CEO, I raised the issue of potential alternative supports for areas that do not currently have a Family Resource Centre, including the Erris region in County Mayo. I understand that the CEO of Tusla has also recently met with the Erris Family Resource Centre Steering Committee.
In budget 2023 I secured an additional €37 million in funding for Tusla. The net funding available to Tusla is determined annually as part of the estimates process and notified to the agency through my annual Performance Statement. In response to the Performance Statement, Tusla will prepare a Business Plan for 2023 and as always the provision of family support services will be a focus of Tusla's activity.
758. Deputy Michael Collins asked the Minister for Children, Equality, Disability, Integration and Youth if he will increase the ECCE capitation from €69 per child per week to €76 per child per week with immediate effect (details supplied); and if he will make a statement on the matter. [54491/22]
View answer787. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will consider increasing the ECCE capitation to €76 a week per child. [55425/22]
View answerI propose to take Questions Nos. 758 and 787 together.
On 15th September, I launched Together for Better, the new funding model for early learning and childcare. This new funding model supports the delivery of early learning and childcare for the public good, for quality and affordability for children, parents and families as well as stability and sustainability for providers. Together for Better brings together three major programmes, the Early Childhood Care and Education (ECCE) programme, including the Access and Inclusion Model (AIM), the National Childcare Scheme (NCS) and the new Core Funding scheme.Regarding an increase in the weekly ECCE capitation from €69 to €76 per child, this level of funding is already available. Under Together for Better, ECCE sessional services who operate for 15 hours per week over 38 weeks per year can avail of weekly funding of at least €78.75 per child in ECCE (€69 ECCE capitation plus €9.75 per week in Core Funding base rate). Core Funding is payable whether or not the place is filled. The statutory regulations that apply for ECCE sessional services allow for a ratio of up to 11 children per adult. The ECCE scheme rules allow for up to 22 children (and two adults) in a session. Under Core Funding, the overwhelming majority of services will see an increase in their funding, most will see very substantial increases, and no services will see a decrease in funding if their circumstances remain the same. ECCE services without a graduate lead educator will see capitation increase by at least 9.5% through Core Funding. ECCE services with a graduate lead educator will almost all see increases in income, although it may be smaller proportionally given the significant level of funding available under the old funding model. Additionally, if a lead educator of an ECCE session is a graduate with a relevant qualification and the necessary experience, an additional amount of €66.60 will be paid to the service per week. If there is a separate manager who is a graduate with a relevant qualification and the necessary experience a further €66.60 if available to the service per week.A very small number of services, approximately 60 of the over 4,000 signed-up, will see no increase with their income matched to 2021/2022. For this small number of services who do not experience an increase, a Funding Guarantee will apply. This will top-up Core Funding payments to match the difference in ECCE higher capitation and PSP from last year, provided they offer the same amount of graduate led provision as last year. These are larger ECCE-only services – with 20+ children in a session. The Department is not seeing evidence of a significant lack of sustainability for ECCE-only services or to suggest that services will face closure as a result of Core Funding. For any services that are experiencing difficulty and who would like support can contact their City/County Childcare Committee (CCC) to access case management supports. Services can be assisted on an individual basis through this route and it also allows for trends and themes across the country to be identified that can inform a more systematic response if necessary. My officials are not receiving any indications from CCCs that there have been providers reporting financial difficulties and in need of support. This case management process through the CCCs is the route to access additional sustainability funding if required. I would also note that I recently announced the appointment of Stranmillis University College, Belfast to undertake an independent review of the ECCE programme. The review will assess whether the ECCE Programme is meeting its core objectives and will identify any changes or improvements that can be made to the Programme, based on international evidence and experience to date. As part of the ECCE Review, there will be a wide stakeholder engagement which will include parents and pre-school providers. The review is due to conclude in Q3 of 2023.
759. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if he will respond to concerns raised by a person (details supplied) in respect of a local industrial school institution; and if he will make a statement on the matter. [54509/22]
View answerFollowing publication of the Final Report of the Commission of Investigation into Mother and Baby Homes, An Taoiseach offered a formal apology on behalf of the Government, the State and its citizens to all those who spent time in these institutions. In this apology, An Taoiseach acknowledged the failings of the State, over many decades, to protect vulnerable citizens, and to uphold their fundamental rights. The State apology recognised the “additional impact which a lack of knowledge and understanding had on the treatment and outcomes of mothers and children with different racial and cultural heritage, those who faced mental health challenges, or those with physical and intellectual disabilities”.
It was further acknowledged that “such discriminatory attitudes exacerbated the shame and stigma felt by some of our most vulnerable citizens, especially where opportunities for non-institutional placement of children were restricted by an unjust belief that they were unsuitable for placement with families”.
This State apology marked a starting point for further measures designed to address the needs and concerns of survivors and their families.
The Mother and Baby Institutions Payment Scheme will provide financial payments and a form of enhanced medical card for people who spent time as mothers or children in Mother and Baby or County Home Institutions. The institutions covered by the Scheme are those identified by the Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to single mothers and their children.
The decision not to include other institutions or care settings in the Scheme is not intended to disregard or diminish any person’s experience and Government recognises that there are people who suffered stigma, trauma and abuse in other institutions, and outside of institutions, who will not qualify for this Scheme.
It is important to note also that the Residential Institutions Redress Scheme was established in 2002 to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to state regulation or inspection.
I am acutely aware that there is no financial payment which could make up for the immense pain and suffering endured by so many of our citizens whose lives have been affected by these issues.
The Mother and Baby Institutions Payment Scheme is just one aspect of the overall redress package of supports and measures set out in the Government’s Action Plan for Survivors and Former Residents of Mother and Baby and County Homes Institutions which seeks to provide an inclusive and enduring response to the priority needs of all survivors.
760. Deputy Richard Bruton asked the Minister for Children, Equality, Disability, Integration and Youth when the payment level for the ECCE scheme was last revised; if he has assessed whether it continues to adequately cover the costs; and if he will make a statement on the matter. [54602/22]
View answerThe ECCE programme is delivered over 3 hours per day, 15 hours per week and 38 weeks of the year. There is no charge to parents for the ECCE programme. ECCE capitation is paid to providers in respect of each eligible child enrolled.
In 2010, when the ECCE Programme was first introduced, the standard capitation was €64.50, the higher capitation rate (for services with graduate room leaders) was €75 and the adult child ratio was 1:10. This equated to a maximum weekly income to providers of €645 (with standard capitation) and €750 (with higher capitation) for every 10 children to one adult.
In 2012, as part of austerity measures, the standard capitation was reduced to €62.50 and the higher capitation rate was reduced to €73. To offset this, the adult child ratio increased from 1:10 to 1:11. This equated to a maximum weekly income to providers of €687.50 (with standard capitation) and €803 (with higher capitation) for every 11 children to one adult.
In 2016, ECCE capitation was restored to €64.50 (standard capitation) and €75 (higher capitation) though the increased ratio remained in place. This equated to a maximum weekly income to providers of €709.50 (with standard capitation) and €825 (with higher capitation) for every 11 children to one adult.
In 2017, a non-contact time payment – later known as Programme Support Payment (PSP) – was introduced. This provided additional funding to ECCE providers equivalent to 7 additional days at standard capitation rates (equivalent to an additional €26.14 per week per 11 children or €2.38 per week per child). Funding for the ECCE Programme and PSP combined equated to a maximum weekly income to providers of €735.64 (where standard capitation applied) and €851.14 (where higher capitation applied) for every 11 children to one adult.
In 2018, ECCE capitation was increase by 7% to €69.00 (standard capitation) and €80.25 (higher capitation). Funding for the ECCE Programme and PSP (equivalent to 7 additional days at standard capitation rates equivalent to an additional €27.96 per week per 11 children or €2.54 per week per child) combined equated to a maximum weekly income to providers of €786.96 (where standard capitation applied) and €910.71 (where higher capitation applied) for every 11 children to one adult.
In 2021, the PSP was increased an equivalent of 8 additional days at standard capitation rates (equivalent to an additional €31.96 per week per 11 children or €2.91 per child per week). Funding for the ECCE Programme and PSP combined equated combined equated to a maximum weekly income to providers of €790.96 (where standard capitation applied) and €914.71 (where higher capitation applied) for every 11 children to one adult.
Since September 2022, Core Funding is operating alongside the ECCE programme (at standard capitation rates) and incorporates funding traditionally provided under PSP and higher capitation. Funding for the ECCE Programme and Core Funding combined equates to a maximum weekly income to providers of €866.25 (where standard capitation applies) and €932.85 (where higher capitation would have traditionally applied) for every 11 children to one adult.
Overall, for every 11 children to one adult, this equates to an increase in the maximum income since the introduction of the ECCE programme of 34% (where standard capitation applies) and 24% (where higher capitation traditional applied)
|
Year |
Maximum hourly/weekly income per room with one member of staff and maximum number of children as per Regulations |
Maximum hourly/weekly income per room with one member of staff and maximum number of children as per Regulations |
|
Room with staff member with Level 6 qualification |
Room with staff member with Level 7 or above qualification |
|
|
2010/11 |
€43.00 p.h. / €645.00 p.w. |
€50.00 p.h. / €750.00 p.w |
|
2011/12 |
€43.00 p.h. / €645.00 p.w. |
€50.00 p.h. / €750.00 p.w |
|
2012/13 |
€45.83 p.h. / €687.50 p.w |
€53.53 p.h. / €803.00 p.w |
|
2013/14 |
€45.83 p.h. / €687.50 p.w |
€53.53 p.h. / €803.00 p.w |
|
2014/15 |
€45.83 p.h. / €687.50 p.w |
€53.53 p.h. / €803.00 p.w |
|
2015/16 |
€45.83 p.h. / €687.50 p.w |
€53.53 p.h. / €803.00 p.w |
|
2016/17 |
€47.30 p.h. / €709.50 p.w |
€55.00 p.h. / €825.00 p.w |
|
2017/18 |
€47.30 p.h. / €735.64 p.w |
€55.00 p.h. / €851.14 p.w |
|
2018/19 |
€50.60 p.h. / €786.96 p.w |
€58.85 p.h. / €910.71 p.w |
|
2019/20* |
€50.60 p.h. / €786.96 p.w |
€58.85 p.h. / €910.71 p.w |
|
2020/21* |
€50.60 p.h. / €786.96 p.w |
€58.85 p.h. / €910.71 p.w |
|
2021/22* |
€52.73 p.h. / €790.96 p.w |
€60.98 p.h. / €914.71 p.w |
|
% change 2010/11 – 2021/22 |
22.6% |
22.0% |
|
2022/23 (since introduction of core funding) |
€57.75 p.h. / €866.25 p.w |
€62.19 p.h. / €932.85 p.w |
|
% change 2010/11 – 2022/23 |
34.3% |
24.4% |
This excludes funding under the Access and Inclusion Model attached to the ECCE programme.
Under the Access and Inclusion Model (AIM) a fully qualified Inclusion Coordinator (InCo) in an ECCE service, receives an increase in the rate of capitation payable to the service of €2 (pro-rata), per ECCE registered child, per week over 38 weeks. This allowance is paid according to the number of ECCE registered children attending the service in an ECCE room, with no upper limit on the number of children. For the programme call 2022/2023 to date (October 2022), there are 2,063 InCos spread across 3,907 ECCE registered services - that represents 53% of services who receive capitation for InCo.
Additional capitation is also paid to ECCE providers under AIM Level 7 to support inclusion of children by reducing the adult-child ratio within the ECCE room. In January 2021, the payments increased by 7% from €195 per week to €210 per week. A further increase of 7% in September 2022 increased AIM Level 7 capitation from €210 to €240. For the programme call year 2022/2023 to date (October 2022), there are 2,079 services who were paid additional assistance, with a number of these services receiving more than one additional capitation. This represents 53% of services registered in the ECCE programme.
This also excludes substantial Covid-19 supports of more than €1bn provided to the sector over the course of the pandemic (2020-2022), including the Employment Wage Subsidy Scheme (EWSS), which:
- at enhanced rates from October 2020- January 2022 covered 80% of staff costs /50% of staff costs at a monthly cost of €34m.
- at standard rates, from August-September 2020 and February 2022 covered 50% of staff costs/38% of operating costs cost €22m per month and EWSS at flat rates cost €11m per month over March and April 2022 covering 25% at a monthly cost of €22m
- at flat rates, from March and April 2022, covered 25% of staff costs/ 11% of operating costs at a monthly cost of €11 per month
In addition, the temporary Transition Fund - put in place to bridge the gap between the end of the EWSS and the introduction of core funding - operated from May-August 2022. Funding under the Transition Fund equated to a further increase of 7% in ECCE capitation for that time period.
The collection of information on income and costs is essential for the full understanding of this complex and diverse sector in order to inform the development of policy. As recommended by the Expert Group on a new funding model for the sector, there needs to be full visibility and understanding of financial information in the sector in order to better understand the impact and interaction of income, costs, surplus and profit in the sector.
I am pleased therefore that the recent data collection for the 2021/2022 Annual Sector Profile, including questions on income and costs, has been completed by 93% of services. This new and emerging data will allow the Department to rerun income and cost analysis and ascertain the latest available financial position to inform the next policy developments.
I would also note that my Department has commenced a review of ECCE which is expected to be completed by Q3 2023. The review will assess whether the ECCE Programme is meeting its core objectives and will identify any changes or improvements that can be made to the Programme, based on international evidence, experience to date as well as consultation from a wide number of stakeholders.
761. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if additional resources have been directed to the IPAS finance section to address the numerous accommodation providers which are purporting to have not been paid for some time for the services provided (details supplied); and if he will make a statement on the matter. [54730/22]
View answerOverseeing provision of accommodation to Beneficiaries of Temporary Protection (BOTPs) who are fleeing the war in Ukraine remains immensely challenging. My Department has contracted in excess of 34,000 beds to accommodate BOTPs in more than 550 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings.
I can confirm to the Deputy that I have assigned additional staffing resources to deal with the extraordinary volume of payments required. I can also advise the Deputy that payments in respect of BOTP accommodation are now administratively separate from payments for accommodation for applicants for International Protection payments made through IPAS.
762. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if the Adoption Authority is currently in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days; and if not, the reason for same. [54739/22]
View answer763. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if Tusla is currently in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days; and if not, the reason for same. [54740/22]
View answer764. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the additional resources that have been put in place to ensure that the Adoption Authority and Tusla are in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days. [54741/22]
View answer779. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if the Adoption Authority is currently in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days. [55153/22]
View answer780. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if Tusla is currently in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days. [55154/22]
View answer781. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the additional resources that have been put in place to ensure that the Adoption Authority and Tusla are in a position to respond to applications for information under the Birth (Information and Tracing) Act 2022 within 30 days. [55155/22]
View answer785. Deputy Michael Ring asked the Minister for Children, Equality, Disability, Integration and Youth the plans to address the delays in releasing informing under a service (details supplied); if more staff will be provided to this service to address the delays; and if he will make a statement on the matter. [55274/22]
View answerI propose to take Questions Nos. 762 to 764, inclusive, 779 to 781, inclusive, and 785 together.
As Minister I am mindful of the resource implications that come with the implementation of the Birth Information and Tracing Act 2022. Accordingly, in order to facilitate information and tracing services to affected persons, additional funding was provided to the Adoption Authority of Ireland and Tusla, the Child and Family Agency.
An additional €1.05m was provided to the Adoption Authority of Ireland and additional funding of €3m was provided to Tusla Adoption Services. These additional resources were to fund additional posts, including genealogical and archival expertise and support, for the new information and tracing services. They were also used to run a public information campaign on the legislation.
Overall, both agencies are experiencing a very high level of interest in the provisions of the new Act, having received almost 7,000 applications from people seeking their birth and early life information and to trace a relative since the new services launched on 3rd October 2022.
As of Tuesday 01 November, the two agencies have processed and issued over 100 requests for information, with more due for completion and issue each day.
In addition to applications for Information and Tracing services, applications are continuing to be made to the Contact Preference Register, and the Adoption Authority of Ireland has successfully identified 154 matches for relatives for whom they are facilitating contact and reunion.
The Birth Information and Tracing Act 2022 requires that information be released within 30 days of receipt of a completed application or, where the search for and gathering of records is more involved, within 90 days.
I am acutely aware of the disappointment that delays may cause and wish to assure people that both agencies are doing their utmost to respond to all the applications received within the shortest timeframe.
I am assured that the AAI and Tusla will continue to engage with any person who is waiting for information to keep them informed on the status of their application.
765. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth the legal costs incurred by his Department in the eight judicial reviews that were settled in December 2021; and if he will make a statement on the matter. [54756/22]
View answerIn December 2021, I agreed to settle eight judicial reviews in relation to the Final Report of the Commission of Investigation into Mother and Baby Homes. As part of that settlement I agreed to pay the applicants' costs. A request for payment has yet to be received.
766. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if he will respond to concerns raised (details supplied) from a Ukrainian provider's perspective; and if he will make a statement on the matter. [54810/22]
View answerThere is ongoing heavy demand for temporary accommodation for Beneficiaries of Temporary protection (BOTPs) fleeing the war in Ukraine. My Department has entered into hundreds of contracts with providers of accommodation for BOTPs. As noted in the details supplied, discrepancies have arisen between what is provided in individual cases, with some BOTPs receiving accommodation only while others also have their meals paid for as part of contracts for serviced accommodation.
The Government decided on 28 October to introduce a requirement that BOTPs who are provided with serviced accommodation should in future pay for their own meals, and any ancillary services. On foot of this Decision, my officials will re-negotiate our contracts with accommodation providers as they expire. This measure aims to promote equity, also in light of the wide range of other supports available to BOTPs, including income support and their right to work. Requiring BOTPs to pay for their food from their income is also in line with practice in other countries offering Temporary Protection.
I am aware that our accommodation providers have some concerns about bed only contracts, including in relation to the issues mentioned in the details supplied. My officials are in consultation with stakeholders, including the Department of Tourism and Fáilte Ireland, on how best to respond to the concerns of the industry. Those discussions are ongoing.
In terms of the specific concern raised about the welfare of the beneficiaries, I must underline that the Government Decision is not intended to impact on the provision of food, or on the quality of food offered to BOTPs accommodated in hotels. I would like to acknowledge that the hotels who are contracted to us have been providing nutritious food at a reasonable cost and that the dining rooms of their premises are providing a valuable community space for the residents. There is no reason why the same food and the same dining experience cannot continue- the only change necessitated by the Government Decision is that the beneficiaries will pay from their income for the food they eat.
767. Deputy Marian Harkin asked the Minister for Children, Equality, Disability, Integration and Youth the estimated timeline for publication of the codes of practice under the Assisted Decision-Making (Capacity) Act 2015. [54865/22]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. The DSS also has responsibility for developing and publishing a number of Codes of Practice, for which they undertook a period of consultation in 2021 and 2022.
The Programme for Government has prioritised the commencement of the Assisted Decision-Making (Capacity) Act 2015, and the finalisation of the codes of practice by the Decision Support Service is a key component of this process. To date, the Decision Support Service has made considerable progress in preparing the Codes of Practice necessary for the operation of the 2015 Act. These Codes of Practice will be published in advance of the commencement of the 2015 Act, as it will be amended.
The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through the Dáil and recently passed Seanad Committee Stage on October 6th. Once this Bill has been enacted, the Government will move to quickly commence the 2015 Act thereafter.
768. Deputy Marian Harkin asked the Minister for Children, Equality, Disability, Integration and Youth the estimated timeline for the publication of the court rules under the Assisted Decision-Making (Capacity) Act 2015. [54866/22]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Programme for Government has prioritised the commencement of the Assisted Decision-Making (Capacity) Act 2015, and the finalisation of the court rules is a key component of this process. The Courts Service has responsibility for developing court rules to support the commencement of the 2015 Act. Significant progress has been made to date in developing both Superior Court and Circuit Court Rules, however, finalisation of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 is required before court rules can be completed, in order to make sure that the court rules accurately reflect the final shape of the legislation.
The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through the Dáil and recently passed Seanad Committee Stage on October 6th. Once this Bill has been enacted, the Government will move to quickly commence the 2015 Act thereafter.
It is expected that the court rules will be available in advance of the commencement of the amended 2015 Act.
769. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth his plans to progress the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 through the Houses of the Oireachtas; if he will provide a timeline for the implementation of the recommendations detailed in the report on the prevalence and use of non-disclosure agreements in discrimination and sexual harassment disputes; and his plans to promote transparency in addressing discrimination and ensuring that cases of harassment and sexual harassment do not remain concealed. [54894/22]
View answerThe ongoing review of the Equality Acts is examining the use of non-disclosure agreements by employers in cases of sexual harassment and discrimination. The Department invited written submissions to a public consultation on the review of equality legislation in 2021, and these submissions are currently being analysed by officials in the Department. It is hoped that a report on the submissions will be ready for publication before the end of the year.
Issues that were raised in Senator Ruane's Private Member's Bill, the Employment Equality (Amendment) (Non-Disclosure Agreement) Bill 2021, are also being carefully considered as part of the review along with the recommendations detailed in the report on the prevalence and use of non-disclosure agreements in discrimination and sexual harassment disputes, that was carried out by my Department.
Legislative proposals that arise out of the review of the Equality Acts will be brought forward in 2023. However, the nature of these proposals will be dependent on the issues raised in the consultation process as well as on further research.
770. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth if he will review correspondence (details supplied); if he will outline the reason that this property has been assessed; and if he will make a statement on the matter. [54898/22]
View answerRegarding the matter in the details supplied, I am advised by my officials that a member of the Ukraine Accommodation Team has been in contact with the individual concerned. An email issued on 17 October requesting further information, with a follow up sent on 1 November. I am advised that there has also been a phone call with a member of the team.
In any follow up with your constituent, please advise that the offer cannot progress until the requested information has been sent to the email address as provided – ukraineaccommodation@equality.gov.ie
I trust this information is of assistance .
771. Deputy Paul Kehoe asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide guidance for people who have pledged accommodation for Ukrainian refugees, either within their own homes or in second properties but have yet to see any progress on placements; and if he will make a statement on the matter. [54927/22]
View answerI can confirm that to date 4,718 Beneficiaries of Temporary Protection (BOTPs) have been housed in 1,902 pledged accommodation settings and this figure continues to increase on a weekly basis. Every effort has been made to ensure offers are taken up once they are suitable and necessary vetting procedures are complete.
Once necessary checks are complete, suitable pledges are placed with NGO implementing partners and Local Authorities for activation, which involves matching them with suitable BOTPs. In some cases, identification of a suitable match may take some time.
I am advised by my officials that every effort is being made to activate the remaining pledges that are available for placement of BOTPs and to ensure that the necessary inspection procedures are completed by Local Authorities. The process of placing people in pledged accommodation does take time, but it is a complex process and needs to be conducted correctly for the safety and security of those fleeing. Vetting is a matter for An Garda Síochana and, where applicable, will be arranged by the Irish Red Cross.
I have been assured that all persons who pledged accommodation have been contacted. Anyone who pledged accommodation and believes they did not receive any follow up may contact the Irish Red Cross.
The recent Government Decision of 28 October has reiterated Ireland’s firm commitment to assisting those fleeing from Ukraine, including through the launch of a new call for vacant properties, which will be lead by my colleague the Minister for Housing and which I understand will be launched in the coming weeks.
