Tuesday, 18 Apr 2023

Written Answers Nos. 1176-1191

Disability Services

Questions (1176)

Holly Cairns

Question:

1176. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the respite services in each LHO of CHO4 for persons with disabilities and their families; the number of respite facilities available; the capacity of each facility to care for individuals who need one-to-one care; the number of people who have used these facilities annually in 2021 and 2022, inclusive, in tabular form; and if he will make a statement on the matter. [16069/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Mother and Baby Homes

Questions (1177)

Seán Canney

Question:

1177. Deputy Seán Canney asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware that the State forensic investigators are to acquire advanced new technology to allow them to identify relatives of children buried at Tuam Mother and Baby Home; and if he will allow relatives as distant as half nieces and nephews and cousins to be matched to remains; and if he will make a statement on the matter. [16071/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

I am aware that Forensic Science Ireland is acquiring new technology which can be used to support an identification programme in the context of an intervention at the site of the former Mother and Baby institution in Tuam under the Institutional Burials Act.

Last October the Government made an Order to direct an intervention at the site. The making of the Order followed on from Resolutions in the Dáil and Seanad in September approving the draft Order that was agreed by Government in July.

The recruitment campaign for a Director to lead the intervention was launched by the Public Appointments Service last November and is almost concluded. I hope to very shortly be in a position to appoint and announce the successful candidate. In line with the Government Order, the functions of the Director of Authorised Intervention, Tuam will include carrying out a DNA identification programme

The legislation provides that participants in an identification programme must satisfy the Director that they are eligible family members. The Act defines an eligible family member as a person who has reasonable grounds to believe that he/she is a child, parent, sibling, half-sibling, grandparent, grandchild, aunt, uncle, niece or nephew (whether of the whole blood or the half-blood), grandniece or grandnephew of the person who is buried at an intervention site.

In developing the legislation I significantly expanded the list of family members who can participate in a DNA Identification Programme from that set out in the original General Scheme. The published Act takes full account of recommendations put forward during the Pre-Legislative Scrutiny Process and also reflects a further expansion that I made during the legislative process in line with advice from Forensic Science Ireland.

Disability Services

Questions (1178)

Duncan Smith

Question:

1178. Deputy Duncan Smith asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a timeline for the roadmap being developed to support all stakeholders to progress the next phase of implementation of PDS model; and if he will make a statement on the matter. [16098/23]

Awaiting reply from Department.

Legislative Process

Questions (1179)

Pauline Tully

Question:

1179. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth considering that the Assisted Decision-Making (Capacity) (Amendment) Act 2022 is now enacted and the Decision Support Service is to become operational on 26 April 2023, the timeframe for the ratification of the Optional Protocol of the UNCRPD; if there are any further issues that are holding up ratification of the Optional Protocol; and if he will make a statement on the matter. [16330/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. The UNCRPD Optional Protocol creates important additional mechanisms through which Ireland's implementation of the UNCRPD can be monitored and evaluated. That is why I fully support ratification and why it is a clear commitment in the Programme for Government.

The timeline for ratification was originally anticipated to follow the conclusion of Ireland’s first review period before the UN Committee. Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed, and for this reason Minister O' Gorman and I have indicated that we are open to the earlier ratification of the Optional Protocol.

Commencement of the Assisted Decision-Making (Capacity) Act 2015 and operationalisation of the Decision Support Service are important steps forward in paving the way to ratifying the Optional Protocol at the earliest possible date. The measures being taken via commencement of the 2015 Act, and commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, represent areas in which it was clear that closer alignment with the UCNRPD was required.

Alongside this, my Department is continuing to scope out the full requirements for earlier ratification of the Protocol. Any further issues that arise through this necessary due diligence based scoping exercise will be addressed as a matter of priority to ensure that the long-standing position of the state in relation to honouring international agreements is adhered to. As a matter of foreign policy, Ireland does not enter into binding international treaties until we are confident that the obligations set out within can be complied with. As such, the ongoing scoping exercise is procedurally necessary in order to ensure that any possible blocks to ratification can be identified and addressed as soon as possible, and so that a robust and fully scoped proposal for ratification can be brought forward for full Cabinet consideration.

While I am not yet in a position to give an exact date for ratification, it is a priority for me to ensure that the Optional Protocol is ratified at the earliest possible date. Until ratification, we continue to implement the UNCRPD and look forward to engaging with the UN Committee when a review of Ireland's first State Report is scheduled.

Childcare Services

Questions (1180)

Patrick Costello

Question:

1180. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth given the recent success in reducing creche fees, when a similar initiative will be available for childminders; and if he will make a statement on the matter. [16336/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

The main route through which parents are subsidised for their early learning and childcare costs is the National Childcare Scheme. The Childcare Support Act 2018, which provides a statutory basis for the National Childcare Scheme, specifies that only Tusla-registered providers are eligible to participate in the Scheme. The limitation of public funding schemes to Tusla-registered childcare providers helps to ensure that public funding is provided where there is assurance of the quality of provision.

Childminders who are currently minding four or more preschool children or seven children of any age, are required to register with Tusla and can access the subsidies for parents. While only a small number of childminders are currently required to register with Tusla under the Child Care Act 1991, it is intended that the National Action Plan for Childminding 2021-2028 will result in the opening up of the National Childcare Scheme to a much wider cohort of childminders.

The National Action Plan for Childminding 2021-2028 sets out a plan for extending State support and regulation to childminding on a phased basis, with accelerated access to subsidies for families who use childminders through the National Childcare Scheme. The National Action Plan for Childminding commits to opening the National Childcare Scheme to non-relative childminders at the earliest possible opportunity, though it will be necessary first to develop and introduce childminder-specific regulations, and to give childminders adequate time and support to meet regulatory requirements.

Phase 1 of the Plan, which began in 2021, involves preparatory work, putting in place the building blocks of this major reform. Phase 1, which will take 2-3 years to complete, includes developing new regulations and training that are specific to childminding, amending legislation, rolling out training, further research on costs and on ways to support childminders most effectively, and re-examining the funding and financial supports available for childminders. The National Action Plan sets out a phased approach with a preparatory phase followed by an extended transition phase, to allow childminders a lead-in time for any requirements. This supportive, phased transition process aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for this reform.

Child and Family Agency

Questions (1181)

Patrick Costello

Question:

1181. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the report of the public consultation of the Tusla Early Years Inspectorate; and if he will make a statement on the matter. [16337/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

A public consultation on the review of the Regulations governing early learning and care took place between March and October 2022. This review primarily focused on enforcement powers of the Tusla Early Years Inspectorate, the independent statutory regulator for the sector. However, my Department also took the opportunity to undertake a wider but limited examination of lessons learned from the implementation of the Regulations since 2016.

Phase 1 of the public consultation included a call for submissions and a questionnaire with all participants being invited to participate in Phase 2 of the consultation. Phase 2 comprised of five focus groups to further develop the key issues that were identified following the detailed analysis of Phase 1 results.

The independent report on the consultation has been published and is available online at www.gov.ie/consultations.

Legislative Process

Questions (1182)

Patrick Costello

Question:

1182. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the drafting of the Child Care (Amendment) Bill 2022; and if he will make a statement on the matter. [16338/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

Today (18th April 2023) the Government has approved the General Scheme of the Child Care (Amendment) Bill 2022.

The Child Care Act 1991 is the primary piece of legislation regulating child care and child protection policy in Ireland. It is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.

The child protection and welfare landscape in Ireland has changed greatly since the Act’s full commencement, in terms of both the State’s response and the nature and complexity of child protection and welfare matters. There is broad agreement that there are sections of the Act that require to be updated in order to reflect changes, both in society and in the institutional structures providing child welfare and protection services, and also in our understanding of children’s rights.

The Child Care (Amendment) Act 2022, which provided for the regulation of guardians ad litem was enacted in July 2022. I can confirm to the Deputy that work is ongoing in my Department to establish an Executive Office from which the new national GAL service will operate.

The General Scheme, approved today, has been developed on foot of a broader review of the Act of 1991 and extensive stakeholder consultation and as such it proposes amendments to a significant number of existing provisions. On foot of Government approval, I have today also referred the Scheme to the relevant Joint Oireachtas Committee for pre-legislative scrutiny.

Flexible Work Practices

Questions (1183)

Brendan Griffin

Question:

1183. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth when legislation for flexible work will be brought before the Houses of the Oireachtas; and if he will make a statement on the matter. [16354/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

The Deputy may be aware that Part 2 of the Work Life Balance Act 2023, which was signed into law by the President on 4th April last, includes provisions to transpose Article 9 of the EU Work Life Balance Directive, which provides for a right to request flexible working for parents and carers.

The provisions of the Act will be commenced as early as possible. Certain provisions will require additional work before they can be commenced, such as the provisions for a right to request flexible working for carers and parents, and remote working, which require the preparation of a Code of Practice in line with Part 4 of the Bill. I will announce publicly when provisions have commenced.

Under the provisions of the Act, all employees can make a request for remote work, but the right to request flexible working only extends to parents and carers, as defined under the Directive. The Government has committed, however, to reviewing these provisions after two years to consider extending the right to request flexible working to all employees.

Nursing Homes

Questions (1184)

Jennifer Murnane O'Connor

Question:

1184. Deputy Jennifer Murnane O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on a residential care application by a person (details supplied); and if he will make a statement on the matter. [16367/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

As this question refers to a service matter, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Disability Services

Questions (1185)

Denise Mitchell

Question:

1185. Deputy Denise Mitchell asked the Minister for Children, Equality, Disability, Integration and Youth the number of speech and language therapist posts that are currently within children disability network teams in CHO9; and if he will make a statement on the matter. [16447/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

As this refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Disability Services

Questions (1186)

Jennifer Whitmore

Question:

1186. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if transport, such as taxis, will be provided for service users attending specialist community-based disability services when no other public transport is available; and if he will make a statement on the matter. [16467/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

The HSE provides specialist disability services, including Day Services and Rehabilitative Training, to people with disabilities who require such services, and people with intellectual disabilities would form the majority of service users who are supported by these services. While day service funding does not include transport, some transport supports are provided by the HSE or funded agencies on a discretionary basis, and a variety of transport solutions are pursued in different CHO areas. These include travel training to enable public transport to be used, where appropriate, local transport such as Local Link, private bus transport and taxis, and some service providers provide transport where capacity exists.

In general, day service users are in receipt of disability allowance and are automatically entitled to the Free Travel Pass.

Under the National Disability Inclusion Strategy, the Department of Transport has responsibility for the continued development of accessibility and availability of accessible public transport. To develop proposals for better coordination of transport and mobility supports for people with disabilities, a Transport Working Group was established, co-ordinated by my Department and chaired by my colleague Minister Rabbitte.

The outcomes of the work of the Group will provide a valuable evidence base for future policy development, including the successor strategy to the National Disability Inclusion Strategy. The report was published last month and is available on the DCEDIY website.

Disability Services

Questions (1187)

Catherine Murphy

Question:

1187. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will set the inspection protocols and procedures he has in respect of a centre (details supplied); if his officials will inspect the centre in conjunction with his contracted inspector; if he took cognisance of standards and or criteria as set out in the EU (recast) Reception Conditions Directive; and if he will provide a schedule indicating the additional GP service providers and school places he has secured to service the needs of persons. [16495/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

Ireland has responded to the largest displacement of people on the European continent since the Second World War. Since February 2022, my Department has worked to accommodate an unprecedented volume of persons seeking refuge following the invasion of Ukraine, with over 79,000 people arriving in Ireland, including 58,000 who have sought accommodation from this Department.

Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, my Department has contracted in excess of 47,000 beds to accommodate Beneficiaries of Temporary Protection (BOTPs) in more than 750 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings. In addition, more than 7,000 beneficiaries have also been accommodated in pledged accommodation properties.

The priority is to place people fleeing the war in safe and secure accommodation.

I am advised by my officials that the accommodation referred to by the Deputy has been prepared on foot of the Guidelines for Temporary Accommodation in Existing Buildings for those fleeing the war in Ukraine, produced by the Department of Housing, Local Government and Heritage. As part of the contract with the accommodation provider, my Department retains the right to inspect the premises at its discretion, either directly or via a service provider contracted to do so. Inspections will be actioned periodically or on foot of any particular issue arising.

Matters relating to GP services and schools are appropriate to the Department of Health and Department of Education respectively who are also assisting those fleeing the war in Ukraine as part of the whole of Government response.

International Protection

Questions (1188)

Cathal Crowe

Question:

1188. Deputy Cathal Crowe asked the Minister for Children, Equality, Disability, Integration and Youth if a property (details supplied) in County Clare is being acquired by International Protection Accommodation Services to accommodate refugees; and if he will make a statement on the matter. [16499/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

My Department can confirm that it has not been offered the property in question as a potential location for the accommodation of international protection applicants.

Disability Services

Questions (1189)

John McGuinness

Question:

1189. Deputy John McGuinness asked the Minister for Children, Equality, Disability, Integration and Youth further to previous representations and correspondence to him, if he will outline the care and supports put in place by the disability services for a person (details supplied) for the period 2021 to date; if he will confirm the services provided by an organisation (details supplied) for this person from the date of commencement of their contract to date and the value of the contract for each year; the date on which the last meeting took place between the HSE and their parent; if there was regular engagement with the parent prior to and since that date; and if he will make a statement on the matter. [16501/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Health Services Staff

Questions (1190)

Holly Cairns

Question:

1190. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the steps he is taking to ensure pay parity for employees of Section 39 organisations providing disability services with comparable workers in the HSE. [16507/23]

Written answers

Minister for Children, Equality, Disability, Integration and Youth

With the transfer of responsibility for the provision of disability services to my Department, I would like to acknowledge the important role of Section 39 organisations and employees in the health sector.

Although the Deputy’s question relates specifically to employees of Section 39 agencies who provide disability services to the community, this reply necessarily draws attention to the cross sectoral issue of pay adjustments affecting a number of Government Departments and aegis bodies providing funding to the Community and Voluntary sector, and cannot be considered in isolation.

The Government recently committed to a process of engagement to examine the pay of workers in Community and Voluntary organisations. Matters relating to pay adjustments for these organisations have since been referred to the Workplace Relations Commission, and the Department of Health and the Department of Children, Equality, Disability, Integration and Youth have agreed to attend in an exploratory capacity.

While the Government has committed to a process, it should be noted that Section 39 organisations are privately owned and run. Accordingly, the terms and conditions of Section 39 employees are ultimately a matter for the employer and employee to negotiate.

Disability Services

Questions (1191)

Holly Cairns

Question:

1191. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth to outline his engagement with the Minister for Transport concerning the operation of the 236A bus route required for young people in Beara, County Cork, to access day services in Bantry, County Cork; and if he will make a statement on the matter. [16508/23]

Written answers

Minister of State at the Department of Children, Equality, Disability, Integration and Youth

The National Transport Authority (NTA), under the aegis of the Department of Transport, has statutory responsibility for securing the provision of public passenger transport services nationally. I do not have any role or function in relation to the provision of this service.