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Tuesday, 9 May 2023

Written Answers Nos. 539-553

Departmental Contracts

Questions (539)

Catherine Murphy

Question:

539. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Questions Nos. 1246 and 497 of 18 and 25 April 2023, if he and-or his officials have engaged with the local authority in the context of its determination that the building environs, the building and changes of use regarding same require planning permission; if he and-or his officials have met with local authority officials in respect of the matter; and if he will set out the details of those engagements (details supplied). [21252/23]

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Written answers

My officials have had limited engagement with Kildare County Council on the matter in question. The planning matters at hand are being addressed between the Council and the accommodation provider directly and the Department will await the outcome of those proceedings.

Departmental Contracts

Questions (540)

Catherine Murphy

Question:

540. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he will point this Deputy to the statutory instrument that he is referring to in his email of 28 April 2023 to elected representatives regarding the use of a building (details supplied) under contract to his Department. [21253/23]

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Written answers

The Statutory Instrument in question is S.I. No. 582/2015 - Planning and Development (Amendment) (No. 4) Regulations 2015.

Emergency Accommodation

Questions (541)

Michael Creed

Question:

541. Deputy Michael Creed asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has taken legal advice regarding its compliance with the law in respect of prompt payment for small businesses; and if his Department will arrange to make a payment immediately of all outstanding monies to an accommodation provider (details supplied). [21255/23]

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Written answers

Every effort is being made to pay businesses as promptly as possible in respect of Ukraine accommodation. The Deputy will be aware of the challenges involved given the scale of accommodation provision (now standing at 53,000 serviced and emergency accommodation beds provided).

Payment of invoices by my Department is governed by the Prompt Payment of Accounts Act, 1997 as amended by the Statutory Instrument 580 of 2012, which took effect on 16 March 2013 and transposes EU Directive 2011/7/EU on Combating Late Payment in Commercial Transactions. As such, prompt payment interest is payable and has been paid as necessary to providers by my Department, including to the provider mentioned in Details Supplied in recent days.

I am advised by my officials that the Department is not aware of any advice request having been made regarding the Departments compliance with the law in respect of prompt payment for small businesses.

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 provider referred to, I am advised by my officials that a substantial portion of the outstanding balance owed to the provider mentioned in the Details Supplied issued in recent days and that further payments are expected to issue in the coming weeks pending final checks. My officials continue to engage with the provider to ensure that processing delays will be kept to a minimum in the future.

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

National Parks and Wildlife Service

Questions (542, 543)

Catherine Murphy

Question:

542. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he and-or his officials has been contacted by and-or if he has engaged with the National Parks and Wildlife Service on foot of the felling and removal of mature trees from a site in Leixlip, County Kildare (details supplied). [21321/23]

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Catherine Murphy

Question:

543. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he and-or his officials has been contacted by and-or if he has engaged with the Forestry Service on foot of the felling and removal of mature trees from a site in Leixlip, County Kildare (details supplied). [21328/23]

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Written answers

I propose to take Questions Nos. 542 and 543 together.

The Department has not been in in contact or engaged with the National Parks and Wildlife Service or the Forestry Service in respect of the issue outlined.

This property is privately owned and in that sense, the provider has advised that a report from a contracted arborist on the felling that has occured has been provided to a representative from the National Parks and Wildlife Service. This representative also attended the site on Friday 5 May and the accommodation provider gave a statement on the matter to him.

Question No. 543 answered with Question No. 542.

Disability Services

Questions (544, 545)

Holly Cairns

Question:

544. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if an occupational therapist assigned to a school (details supplied) is solely employed to provide services to children attending that school; if he will confirm that this is a permanent post; and if he will make a statement on the matter. [21338/23]

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Holly Cairns

Question:

545. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the amount and scope of support being offered to a school (details supplied) by the Carrigaline-Kinsale-Bandon children's disability network team, including ringfenced hours assigned to children in the school of a speech and language therapist and a psychologist; the timeframe the CDNT has been allocated to support children in the school; and if he will make a statement on the matter. [21339/23]

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Written answers

I propose to take Questions Nos. 544 and 545 together.

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

Question No. 545 answered with Question No. 544.

Disability Services

Questions (546)

John McGuinness

Question:

546. Deputy John McGuinness asked the Minister for Children, Equality, Disability, Integration and Youth if a personal assistant will be provided for a person (details supplied) in five hour blocks, in line with what he had previously; if funding will be provided for him to complete a course at CIL, Thurles, County Tipperary; and if a response will be expedited. [21396/23]

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Written answers

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.

Emergency Accommodation

Questions (547)

Violet-Anne Wynne

Question:

547. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the duty of care that he has provided to all emergency accommodation recipients under his Department with basic habitation and sanitation standards; and if he will make a statement on the matter. [21573/23]

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Written answers

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 including 81,000 people arriving in Ireland, of which 60,000 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, the Department has contracted in excess of 47,000 beds to accommodate Beneficiaries of Temporary Protection (BOTPs) in more than 770 settings including hotels, guesthouses, B&Bs, hostels, commercial self-catering accommodation and certain other repurposed settings.

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

I would like to assure the Deputy that the health and wellbeing of all people who avail of accommodation provided by this Department is of the highest priority to me and my officials.

I am advised by my officials that as part of our contractual arrangements with accommodation providers for Beneficiaries of Temporary Protection (BOTPs) we set out a number of requirements which providers must meet in terms of service provision, including delivery of key services, laundry, meals (including cultural/dietary requirements) in serviced accommodation, and cooking facilities in self-catering accommodation, and compliance with all obligations in terms of health and safety, child protection etc. Any alleged breaches of the foregoing are investigated by the Department.

As of 30 April 2023, there are over 20,320 people in IPAS accommodation, compared with 8,575 in February 2022.

IPAS centres are operating at full capacity across the accommodation system due to the record numbers of people arriving to Ireland seeking international protection (IP). Officials continue to seek accommodation solutions to the increasing numbers of IP arrivals. As of cob 03 May there were 593 International Protection applicants to whom unfortunately, the Department has been unable to offer accommodation.

Emergency centres have been opened in all parts of the country to alleviate pressure in the system. There have been in excess of 135 emergency accommodation locations opened since January 2022. These options are necessary in order to provide shelter to IP arrivals to meet basic needs and to prevent homelessness.

It is important to note that there are inspections carried out under the current system. At present, all IPAS permanent accommodation centres are subject to three unannounced inspections per year. In 2022, inspections were carried out in each centre by an independent inspections company (QTS Ltd) and one by officials of the International Protection Accommodation Service (IPAS). The third round of inspections were delayed as the usual mid-year round of inspections due to the Department’s response to the Ukraine crisis. In 2022, all IPAS centres with the exception of two permanent centres had two inspections carried out. Five centres had three inspections carried out.

IPAS is always available to deal with any complaints from residents and residents are encouraged to engage with IPAS if they are unhappy with any aspect of their accommodation. Where a complaint is significant in nature or a resident is not comfortable raising a complaint with a centre manager, they may make the complaint directly, or through a representative authorised to act on their behalf, to the IPAS Customer Service Team. IPAS also funds a dedicated NGO run helpline where residents can raise any concerns or issues they may have.

Emergency Accommodation

Questions (548)

Violet-Anne Wynne

Question:

548. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm whether tents are being used at a site (details supplied); and if he will make a statement on the matter. [21574/23]

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Written answers

There are 102 people currently being accommodated in tented accommodation in Knockalisheen Accommodation Centre.

Due to the unprecedented numbers seeking accommodation assistance there has been a need for Ireland and for many administrations across Europe, to turn to movable structures such as tents and modular solutions to provide shelter and to prevent homelessness.

Tented accommodation was set up in three locations to provide additional emergency capacity in 2022 whilst more permanent accommodation could be sourced and contracted. The accommodation was located in Athlone Accommodation Centre (175), Co. Westmeath; Knockalisheen Accommodation Centre (104), Co. Clare; and, Johnston Marina Accommodation Centre (40), Co Kerry.

The tented accommodation that was in use in the three locations was stood down for the winter period in November 2022. All residents from the three locations where temporary tented solutions were being used, were moved to more suitable IPAS accommodation at various locations.

However, the tented accommodation in Knockalisheen was re-commissioned in early January 2023 due to high arrival numbers over the Christmas period.

While the priority must remain on providing shelter in as far as possible and the use of tents is required, the Department will endeavour ensure that the use of the tents is kept as short term as possible.

Legislative Programme

Questions (549)

Patrick Costello

Question:

549. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth when the Work Life Balance and Miscellaneous Provisions Bill 2023 will be signed into law; and if he will make a statement on the matter. [21607/23]

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Written answers

The Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law by the President on 4th April. It is hoped that the Act will support employees to achieve a better balance between their home lives and work lives.

The Act introduces 5 days leave for medical care purposes for parents of children under 12, and carers; it provides for a right to request flexible working for parents and carers; it provides the right to request remote working for all employees, and it expands the entitlement of breastfeeding breaks to two years after the birth of the child. The leave for medical care purposes and the right to request flexible working are in fulfillment of Articles 6 and 9 of the EU Work Life Balance Directive.

In addition, the Act also seeks to support those who are victims of domestic violence through the introduction of a statutory paid leave entitlement of five days. Ireland is one of the first countries to introduce statutory domestic violence leave.

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.

Emergency Accommodation

Questions (550)

Robert Troy

Question:

550. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth if he will urgently review transport services for the residents of a centre (details supplied); if he will ensure that a full assessment of the residents' transport needs are carried out as part of this review; if he is aware that there are currently just two buses per day which the residents can avail of and neither of these travel at suitable times for employment. [21620/23]

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Written answers

There are currently 105 International Protection Applicant's (IPAs) residing in Temple Spa Accommodation Centre, Horsleap, Co Westmeath.

Following consultation with the centre management they have advised the following: Per our contract we provide daily transport to our nearest town (Moate) to access the shop, school, doctor and post office – we provide 2 buses per day which was requested by residents to facilitate college courses in Moate Business College and meeting regional bus times which leave Moate.

There are no GP appointments/hospital appointments before 9am.

In an exceptional circumstance the DEASP will provide a taxi for those who do not have status.

The bus to Athlone every Saturday is an additional bus service which the centre provides outside of our contract – less than 10 residents travel to Athlone every Saturday."

My officials have advised that a review of transport in Temple Accommodation Centre will take place over the coming weeks.

Rights of People with Disabilities

Questions (551)

Holly Cairns

Question:

551. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will outline his engagement with the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media concerning the lack of accessibility at a publicly funded tourist attraction (details supplied); and if he will make a statement on the matter. [21675/23]

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Written answers

As Minister of State with responsibility for Disability, I am very aware of the barriers and challenges faced by persons with disabilities in terms of the accessibility of everyday life.

I am committed to advancing the rights and interests of persons with disabilities, in line with the State’s ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Article 9 of the UNCRPD requires states to take appropriate measures to ensure equal access to facilities and services for people with disabilities. At national level, the Disability Act 2005 also places obligations on public bodies to make public buildings, information, services and heritage sites accessible.

To date, UNCRPD measures have been coordinated under the National Disability Inclusion Strategy (2017-2022), which aimed to support implementation of Ireland's obligations under the UNCRPD, including in relation to accessibility. The NDIS recently concluded and a successor strategy is currently being developed as a matter of priority. The promotion of accessibility will be an important feature of the new strategy.

While my Department has a policy coordination role in relation to disability matters, it is important to note that in line with the UNCRPD, all departments and public bodies are responsible for ensuring that the needs and interests of persons with disabilities are met within their respective areas of responsibility. This is to ensure that the the principle of disability inclusion is mainstreamed across State services and policies.

As such, my Department has no direct role or powers in the regulation of tourist sites. Responsibility for tourism lies with my colleague the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Actions 75, 76 and 126 under the NDIS pertained to the promotion of participation, inclusion and universal design in the context of cultural facilities and activities. The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media had lead responsibility for these actions.

As part of its coordination role on national disability policy, my Department works closely with colleagues right across Government to raise awareness of our obligations under the UNCRPD and to remove barriers to accessibility for people with disabilities. I will continue to do this as we seek to ensure the full and equal participation of people with disabilities in our society.

Early Childhood Care and Education

Questions (552)

Denise Mitchell

Question:

552. Deputy Denise Mitchell asked the Minister for Children, Equality, Disability, Integration and Youth if his Department plans to increase both the universal and means-tested subsidises available under the national childcare scheme; and if he will make a statement on the matter. [21691/23]

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Written answers

The National Childcare Scheme (NCS) provides financial support to help parents to meet the cost of childcare and allow children to access Early Learning and School Age Childcare. The Scheme aims to improve outcomes for children, reduce poverty, facilitate labour activation, and tangibly reduce the cost of ELC and SAC for tens of thousands of families. The NCS has been substantially expanded in recent months to further reduce the cost of childcare for families.

• from May 2022, the NCS no longer deducts hours spent in pre-school, or school, from NCS awards. This means that parents may use their full awarded subsidised NCS hours – benefiting in particular children from low income families.

• In September 2022, the NCS Universal subsidy was extended to all children under 15 years of age.

• Additional funding of €121 million has been allocated to the NCS from January 2023 so all families accessing registered early learning and childcare now receive a minimum hourly NCS subsidy of €1.40 off the cost of early learning and childcare, an increase of 90c per hour.

Given the recent nature of these changes, a period of "bedding in" and subsequent analysis is required to determine their impact as well as giving consideration to further extensions to the NCS. Any further expansion would be subject to the annual estimates and budget process.

The scheme itself is monitored on an ongoing basis and the supporting system is designed so that it can be changed according to a number of parameters (e.g. eligibility, income thresholds, subsidy rates) in response to changes in policy.

Children in Care

Questions (553)

Eoin Ó Broin

Question:

553. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth if there is a mechanism to request an independent review of specific cases involving Tusla and children who were the subject of care orders or other care arrangements; and, if so, how this can be requested. [21739/23]

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Written answers

Tusla, the Child and Family Agency, operates the TellUs portal, where any individual can make a complaint. Details of how to make a complaint and how complaints are managed can be found on Tusla's website: www.tusla.ie/about/feedback-and-complaints/

Tusla’s complaint process has four stages.

Stage 1: Tusla aims for local resolution, where at all possible. Key Performance Indicator targets in its current corporate plan aim to improve the complaints resolved in this way by 15%. Tusla has met and exceeded these targets for 2021 and 2022 and is on target to exceed the 2023 target. In 2021, 49% of complaints were resolved at stage 1 and 62% were during 2022.

Stage 2: Unresolved complaints are referred to a complaints officer who informally investigates. The complainant is given a report with a decision and recommendations.

Stage 3: The complainant can seek a review by a complaint review officer if unsatisfied who will review and can provide any amendments or additions to the recommendations, if indicated by the review findings.

Stage 4: If an individual remains dissatisfied with the outcome of their complaint to Tusla, the option is open to refer the complaint to the Office of the Ombudsman who provides a fair, independent, and free to use service. The Ombudsman will ask for details and a copy of Tusla’s final response to the complaint or issue. You can contact the Ombudsman by clicking on the ‘Make A Complaint’ link at www.ombudsman.ie or write to the Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773.

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