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Tuesday, 9 May 2023

Written Answers Nos. 524-538

Childcare Services

Questions (524)

Kathleen Funchion

Question:

524. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the additional cost of increasing core funding by 50 cent, €1.00, €1.50 and €2.00 for the following early years pay grades; Educator, lead educator, graduate lead educator, duty manager, manager and graduate manager, in tabular form; and if he will make a statement on the matter. [21051/23]

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Written answers

I am very conscious of the need for improvement in pay and working conditions for practitioners in early learning and childcare services. The level of pay they receive does not reflect the value of the work they do for children, for families and for the wider society and economy.

As the State does not employ staff in ELC and school-age childcare (SAC) services, I cannot set wage levels or determine working conditions for staff in the sector.

There is now, through the independent Joint Labour Committee (JLC) process, a formal mechanism established by which employer and employee representatives can negotiate pay rates for ELC and SAC services. With effect from 15 September 2022, two new Employment Regulation Orders for Early Years Services which were negotiated through the JLC, came into effect which provide for minimum hourly rates of pay and other conditions of employment for various roles both in early learning and care services and in school-age childcare services.

I have been made aware by my officials that the JLC is continuing to meet in relation to possible future pay negotiations.

Core Funding, which began in September 2022, is the new funding stream to start this partnership for the public good between the State and providers. Its primary purpose is to improve pay and conditions in the sector as a whole and improve affordability for parents as well as ensuring a stable income to providers.

Core Funding – which has an allocation of €259 million in its first year - is underpinned by these EROs and is designed to support a range of objectives, including supporting the new minimum rates of pay for workers, as well as supporting career pathways and graduate employment.

Core Funding is distributed in a fair and reasonable manner that is related to services’ costs of delivery. Core Funding is allocated to services based on the number of child places being made available (whether filled or not), the age group of children for whom the places are available and the number of hours the places are available for, as well as the graduate qualifications of leaders in the service. These are the primary drivers of services' costs and this is therefore the most proportionate and transparent manner to allocate funding.

The majority of Core Funding is distributed based on a service's capacity - the opening hours, opening weeks and the age group of children for whom services are provided as well as the number of places available. This includes allocations for improvements in staff pay and conditions, for administrative staff/time, and a contribution to non-staff overhead costs. It is important to note that both contact and non-contact time, holiday pay, sick pay and other employer costs, are all factored in to the estimated staff costs allocation in Core Funding.

There is also an allocation to contribute to support graduates to be Lead Educators across ELC and to support graduates as Managers in ELC or combined ELC and SAC services. Heretofore funding has only been available in respect of graduate Room Leaders in the ECCE programme. The Graduate Lead Educator Premium in Core Funding is paid as a top up on the number of hours of provision that is led by a graduate. The Graduate Manager Premium is paid as a top up on the number of hours of operation of a service whose manager is a graduate.

However, Core Funding is not directly allocated in accordance with the cost of employing staff and so it is not possible to provide data for increasing core funding by 50 cent, €1.00, €1.50 and €2.00 for various roles in the sector.

For year 2 of Core Funding, I have secured an increase of €28 million, approximately €4 million of which will be used to remove the experience requirement on both Graduate Premiums under Core Funding, underpinned by new EROs. This move was widely welcomed in the sector. The remaining €24 million will be used for further developments and enhancements to the scheme, the precise allocation of which will be determined by evidence and analysis emerging from year one of the operation of the scheme and must be evidence based.

Budget 2023 allocates €1,025m to early learning and childcare – a clear demonstration from Government of the value of the sector. I am committed to working with Partner Services delivering early learning and childcare for the public good.

Care Services

Questions (525)

Pearse Doherty

Question:

525. Deputy Pearse Doherty asked the Minister for Children, Equality, Disability, Integration and Youth if respite services can be provided for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [21080/23]

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Written answers

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

Rights of People with Disabilities

Questions (526)

Róisín Shortall

Question:

526. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth the date he intends to ratify the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities, as committed to in the programme for Government; the reason for the delay in doing so; and if he will make a statement on the matter. [21081/23]

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Written answers

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.

Ireland's approach to meeting the obligations of the UNCRPD is one of continuous advancement - each year moving forward on key reforms to consistently strengthen and uphold obligations and rights arising from the Convention.

I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention, and both I and my colleagues across Government support this fully.

Ratification of the Optional Protocol is a 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, we do not yet have a date for Ireland’s appearance before the Committee and anticipate that it will now be delayed. For this reason, Minister O'Gorman and I have indicated that we are open to the earlier ratification of the Optional Protocol, contingent on the state being in a position to meet the obligations involved.

My Department is continuing to scope out the requirements for earlier ratification. This scoping work is required in order to fully assess the implications of ratification and due to the long-standing position of the state in relation to honouring international agreements. As a matter of foreign policy, Ireland does not enter into binding international treaties until we are confident that the obligations set out can be complied with. As such, the ongoing scoping exercise is procedurally necessary.

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.

Youth Services

Questions (527)

Róisín Shortall

Question:

527. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth if he will consider providing funding to reinstate the employability support worker for the Finglas Targeted Youth Employability Support Initiative; if not, the reason therefor; and if he will make a statement on the matter. [21082/23]

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Written answers

The Targeted Youth Employability Support Initiative 2021 to 2022 was made available by my Department with the support of the Dormant Accounts Fund.

The aim of the Initiative was to provide short-focused interventions to support young people to improve their confidence and encourage them to engage in a wide range of progressive routes to further education, training and employment. The Initiative, as indicated in the application guidance, came to a close December 2022.

A review of the Initiative is to be carried out, taking into account the principles of the Dormant Accounts Fund and the aims of the Initiative. My Department will consult with the ETBs who administered the Initiative, and the young people who took part in it, when carrying out the evaluation. The results of this will be taken into consideration for any future actions in this area by my Department.

Information and Communications Technology

Questions (528)

Ciarán Cannon

Question:

528. Deputy Ciarán Cannon asked the Minister for Children, Equality, Disability, Integration and Youth if officials from his Department are using an application (details supplied) to conduct business; if his Department has had official meetings regarding the use of the application by officials; if his Department has assessed the risk of using the application by Department officials and the input of Government-related data into the application; if his Department is using or is considering using other forms of artificial intelligence; if his Department is considering banning the use of the application by Department officials; and if he will make a statement on the matter. [21094/23]

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Written answers

I wish to inform the Deputy that officials from the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) are not authorised to use the application (details supplied) to conduct business; DCEDIY has not had any official meetings to date regarding the use of the application by officials; DCEDIY has not assessed the risk of using the application by Department officials and the input of Government-related data into the application; DCEDIY is not currently using or considering using other forms of artificial intelligence; DCEDIY is not currently considering banning the use of the application by Department officials, however, DCEDIY is guided by the Office of the Government Chief Information Officer and the National Cyber Security Centre on such matters.

Emergency Accommodation

Questions (529)

Peter Burke

Question:

529. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth when outstanding invoices will be paid to an accommodation provider in Westmeath (details supplied); and if he will make a statement on the matter. [21112/23]

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Written answers

My Department is prioritising maintaining a practice of more timely payments, including providing more resources to address any issues, and outsourcing of elements of the process to speed up processing and to respond to supplier calls. Any delays in making payments are deeply regretted and my Department is according this issue very high priority.

With regard to the service provider referred to, I am advised by my officials that the invoices referred to are currently being processed for payment and that, subject to final checks, payments will issue in the coming weeks.

My Department will continue to press on to eliminate the payments backlog while ensuring appropriate governance is in place to safeguard the proper spending of Exchequer funding.

Emergency Accommodation

Questions (530)

Peter Burke

Question:

530. Deputy Peter Burke asked the Minister for Children, Equality, Disability, Integration and Youth when outstanding invoices will be paid to an accommodation provider in Westmeath (details supplied); and if he will make a statement on the matter. [21113/23]

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Written answers

My Department is prioritising maintaining a practice of more timely payments, including providing more resources to address any issues, and outsourcing of elements of the process to speed up processing and to respond to supplier calls. Any delays in making payments are deeply regretted and my Department is according this issue very high priority.

With regard to the service provider referred to, I am advised by my officials that payments for the invoices referred to which were past due have issued in recent days and that my officials will be engaging with the provider to ensure that the remaining invoice will be processed in a timely manner.

My Department will continue to press on to eliminate the payments backlog while ensuring appropriate governance is in place to safeguard the proper spending of Exchequer funding.

Parental Leave

Questions (531)

Richard Bruton

Question:

531. Deputy Richard Bruton asked the Minister for Children, Equality, Disability, Integration and Youth his plans to extend parental leave in the future; and whether the age limits for children with a disability will be extended. [21143/23]

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Written answers

The Parental Leave Act 1998 (as amended) provides parents with an entitlement of 26 weeks unpaid parental leave for each eligible child. The leave is available to a 'relevant parent' of a child, which is defined in the 1998 Act as a parent, an adoptive parent, or a person acting in ‘loco parentis’.

There have been significant developments in the entitlements to family leaves for working families in recent years, and this includes the extension of the parental leave entitlements in 2019 from 18 weeks to 26 weeks, and the extension of the time period in which the leave can be taken from when the child attains the age of 8 years to when the child attains the age of 12 years.

Where the child has a disability or long-term illness the leave can be taken until they attain the age of 16 years.

Family leave provisions are kept under review to ensure that they are appropriate to the needs of working parents. Mindful of the significant new leave entitlements being brought forward this year through the Work Life Balance and Miscellaneous Provisions Bill 2022, however, there are no current plans to extend the entitlements to parental leave.

Childcare Services

Questions (532, 533)

Bríd Smith

Question:

532. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if a company (details supplied) has signed up to the core funding model for childcare and in doing so agreed to freeze fees at 2021 levels. [21145/23]

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Bríd Smith

Question:

533. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if recent moves by a childcare provider (details supplied) are a breach of any undertaking not to increase child care fees under the core funding model; if the attempt by the company to charge parents for after-school fees while the child is out of school term represents a back-door way to increase fees; and if he will make a statement on the matter. [21146/23]

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Written answers

I propose to take Questions Nos. 532 and 533 together.

The public register of Core Funding Partner Services is available here: first5fundingmodel.gov.ie/wp-content/uploads/2023/04/Core-Funding-List-verified-18.04.23.pdf. The Deputy might note references to the service she refers to in the Partner Service list.

All Core Funding Partner Services must operate their early learning and childcare service in line with the terms and conditions outlined in the Core Funding Partner Service Funding Agreement: first5fundingmodel.gov.ie/wp-content/uploads/2022/08/Core-Funding-Partner-Service-Funding-Agreement-09.08.22-Final-revised-clean-PDF.pdf.

Regarding fees, Partner Services must uphold their contractual obligations on Fee Management as laid out in the Core Funding Partner Service Funding Agreement. In its first year, Core Funding requires Partner Services not to increase the fees charged to parents from those charged in September 2021. An increased charge of any kind for an existing and unchanged Service Type will be in breach of Core Funding rules.

The Partner Service may create a new Service Type and must ensure that the fee for any new Service Type will be calculated as not more than a proportion of the closest equivalent fee extant on September 30th 2021 which, all other things being equal, would apply to the eligible child.

Where a Partner Service increases the level of service offered, a higher fee can be charged for this, but the higher fee must be in direct proportion to the increase. For example, an increase in full-day care from 40 hours/week to 50 hours/week represents an increase of 25%. A higher fee can be charged for this but it cannot exceed 25% more than the previous fee that was charged to parents as of 30 September 2021. Similarly, an increase in weeks from a 38 week offering to a 52 week offering must be charged proportionately.

Parents or Guardians of children attending a Core Funding Partner Service may seek to have issues examined and a conclusion reached through the Core Funding Fee Review process operated through City/County Childcare Committees (CCCs), Pobal and the DCEDIY. An individual may initiate this process by contacting their local CCC. The CCC will notify and obtain permission from the initiator before escalation of the case to Pobal.

I would encourage any parent or person with concerns or questions about fees to contact their local CCC for support and guidance, contact details available here: myccc.ie/where-is-my-nearest-ccc

Question No. 533 answered with Question No. 532.

International Protection

Questions (534)

Eoin Ó Broin

Question:

534. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth the use by his Department of Ryevale House, Leixlip, County Kildare; and the recent planning enforcement from Kildare County Council with respect to his Department's use of this building. [21166/23]

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Written answers

As the Deputy is aware, last year, over 15,000 people arrived in Ireland seeking accommodation while their applications for international protection are processed by the International Protection Office (IPO). In the first seventeen weeks of 2023, almost 3,300 people have arrived seeking protection.

In addition, the Department has had to re-accommodate over 2,500 people in situations where hotel and short term emergency locations have ended in 2023. As at 8 May, there are 557 international protection applicants who have not been accommodated by IPAS, many of whom have no accommodation at all.

In this severely pressurised context, the Department has been informed that the provider for the property in question has requested an application for a Declaration pursuant to section 5 of the Planning and Development Act, 2000, as amended, concerning the proposed use of Ryevale House, Ryevale Lawns, Leixlip, Co. Kildare, as private accommodation for persons seeking international protection, and certain limited internal works carried out to update and maintain the property.

The Department has yet to receive details on planning enforcement from Kildare County Council with respect to the use of the building.

Pending the outcome of these matters, the Department has decided to utilise the facility such is the pressure on the State accommodation system currently. In light of the very real and immediate pressure, it was decided that the property must be used immediately to accommodate 80 female International Protection applicants. IPAS began to move in the new residents on Friday 31 March.

While the Department notes the concerns of local residents regarding the use of the property, the Department must avail of all accommodation offers made to it in order to meet the basic needs of applicants, to comply with Ireland’s obligations under national and EU law and to prevent homelessness in as far as it can.

Disability Services

Questions (535)

Michael Healy-Rae

Question:

535. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth the status of respite care for a child (details supplied); and if he will make a statement on the matter. [21174/23]

View answer

Written answers

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

Legislative Reviews

Questions (536)

Carol Nolan

Question:

536. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth if he will list all reviews of Acts carried out by his Department in line with the provisions of the Act in question from 2000 to date; if a summary will be provided of any substantive amendments of the Act in question that occurred on foot of each review and the amending legislation, if any, in each case; and if he will make a statement on the matter. [21178/23]

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Written answers

My Department is preparing a response and will contact the Deputy as soon as possible.

Departmental Contracts

Questions (537)

Catherine Murphy

Question:

537. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth in view of the extreme displeasure he has expressed in his email of 28 April 2023 to elected representatives (details supplied) regarding the actions of persons providing services to his Department under an activated contract, the nature of engagements he has had with the service provider; and if he and or his officials have met with the service provider and or persons acting on its behalf. [21250/23]

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Written answers

My official have engaged and continue to engage with the provider regarding the matter in question and in relation to other properties.

The Department sought explanations for the actions that took place on the site and will address any issues with the provider as appropriate.

Departmental Contracts

Questions (538)

Catherine Murphy

Question:

538. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 1246 of 18 April 2023, if the service provider and-or persons acting on behalf of the provider for the property in question have referred the declaration made by Kildare County Council for a review by An Bord Pleanála (details supplied); if his attention or that of his officials has been drawn to the fact that the statutory time limit for any such referral has passed. [21251/23]

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Written answers

As the Deputy is aware, last year, over 15,000 people arrived in Ireland seeking accommodation while their applications for international protection are processed by the International Protection Office (IPO). In the first seventeen weeks of 2023, almost 3,200 people have arrived seeking protection.

In addition, the Department has had to re-accommodate over 2,500 people in situations where hotel and short term emergency locations have ended in 2023. As at 8 May, there are 557 international protection applicants who have not been accommodated by IPAS, many of whom have no accommodation at all.

In this severely pressurised context, the Department has been informed that the provider for the property in question has requested an application for a Declaration pursuant to section 5 of the Planning and Development Act, 2000, as amended, concerning the proposed use of the property as private accommodation for persons seeking international protection, and certain limited internal works carried out to update and maintain the property.

In accordance with Section 5 of the Planning and Development Act 2000 as amended, any person may request a declaration as to whether development is exempt. The provider is now awaiting a response from Kildare County Council.

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