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Wednesday, 11 Oct 2023

Written Answers Nos. 178-197

Courts Service

Questions (178)

Bernard Durkan

Question:

178. Deputy Bernard J. Durkan asked the Minister for Justice the extent, if any, to which her Department or the vote from her Department funds the family law courts; the full extent of her proposals for reform in this regard in the short-terms, given the needs that have been identified; and if she will make a statement on the matter. [44459/23]

View answer

Written answers

As the Deputy is aware, we are leading an ambitious programme of family justice reform. 

I published the first Family Justice Strategy in November of last year. It sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and will assist their parents in making decisions that affect all of the family.  We intend to achieve this through the implementation of over 50 actions across nine goals, with timescales up to the end of 2025 and progress updates published annually.

The Strategy is foundational in nature. The Strategy outlines the steps needed to move towards a streamlined, user-friendly family justice system which supports and protects children and their families. As the strategy was developed we listened to and acknowledged the many issues and concerns about how the current system operates.  

The actions stress the importance of children’s welfare and the need to ensure their best interests are considered in conjunction with their constitutional rights. To that end, my Department has commenced a review to examine the role of expert reports in the family law process, the commissioning and availability of these reports, and their content and use. Later this year, a Working Group will be established to review the effectiveness of the current arrangements for hearing the voice of the child in private family law cases.

The Family Courts Bill is a key part of the Strategy, and an important element of the family justice reforms. The Bill will provide for the establishment of a Family Court as divisions of the existing court structures, each dealing with family law cases appropriate to its jurisdiction. The Bill completed Second Stage in the Seanad earlier this year and work is ongoing in my Department and the Office of Parliamentary Counsel to prepare for Committee Stage, in consultation with relevant Departments, State bodies and other stakeholders.

These initiatives mark the beginning of the reform of how the family justice system operates. My vision is to make that system work better for everyone engaging with it, but particularly for those most in need of additional support and protection, including victims of domestic and sexual violence, vulnerable parents and most of all children.

My Department is committed to driving the modernisation and Digital First agenda across the entire Justice Sector. This is reflected in Budget 2024, as €183 million was allocated for the Courts vote, including capital funding of €67 million. The Courts Service will also receive €1.4 million for up to 35 additional staffing to directly support the work of new members of the Judiciary. 

In relation to funds for the family law courts, Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service operates under its own vote. It has its own Accounting Officer and lays its reports and accounts directly before the Oireachtas.  The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for their direct reply.

Courts Service

Questions (179)

Bernard Durkan

Question:

179. Deputy Bernard J. Durkan asked the Minister for Justice the extent, if any, to which any current court expert witnesses might exert any undue influence on the role, scale and scope of the expert witness in the context of the ongoing review of the family law courts; her proposals, if any to address any issues arising; and if she will make a statement on the matter. [44461/23]

View answer

Written answers

As the Deputy is aware, my Department is currently leading an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises, amongst other things, the need to ensure they are listened to and heard and their views and best interests given due regard, in line with constitutional rights and obligations.

To that end, my Department has commenced a review to examine the role of expert reports in private family law proceedings, their commissioning, availability, content and use.  The review is at an advanced stage and is progressing well. As with any consultation process, stakeholders views will be considered in the review. My officials have engaged with various stakeholders throughout the review process, among them members of the Family Justice Implementation Group, judges, the Children’s Ombudsman and NGOs. Practitioners who produce expert reports have also been engaged with. 

Officials will, in accordance with the Department's values and their obligations as civil servants, ensure that their work on the review is not subject to undue influence, is impartial, professional and evidence-based and has due regard to the public interest, and in the context of issues under consideration, has particular regard to the interests of children.

Forestry Sector

Questions (180)

Michael Healy-Rae

Question:

180. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied); and if he will make a statement on the matter. [44223/23]

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Written answers

As outlined previously to the Joint Oireachtas Committee on Agriculture, Food and the Marine, when new organisations are established, be it in forestry or agriculture they are not automatically afforded the same treatment as existing established organisations.

To treat a new established organisation otherwise would incentivise the splintering of an existing representative system. A similar approach was taken for example in respect of the Irish Natura and Hill Farmers Association, INHFA, a number of years ago and the beef plan organisations that were looking to be recognised in the agriculture sector.

SEEFA was launched in the past year and I understand that almost all of its members are already  involved in other existing memberships. My Department has for instance , existing relationships with the Irish Farmers Association, the Irish Timber Growers Association, and Forest Industries Ireland, as well as with individual companies.

However, I would like to assure the Deputy that my colleague Minister Hackett has reflected on SEEFA’s position and has committed to meeting them to discuss such concerns in the coming weeks, as stated in the recent Joint Oireachtas Committee on Agriculture, Food and the Marine held on the 04th October.

Agriculture Schemes

Questions (181)

Brendan Griffin

Question:

181. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2021 BEEP payment will issue to a farmer (details supplied) in County Kerry) following a successful appeal; and if he will make a statement on the matter. [44258/23]

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Written answers

The objective of 2020 BEEP-S was to further increase economic and environmental efficiency in the suckler herd though improvement in the quantity and quality of performance data that is collected. This was done through the enhancement of the national herd dataset for genetic evaluations, with a view to supporting the adoption of best practice and more informed decision making at farm level. The Programme targeted the weaning efficiency of suckler cows and calves through the collection of the live weights of cows and progeny in the herd of each participant; improving the welfare of suckler calves at the time of weaning through vaccination and meal feeding; and controlling liver fluke in adult suckler cows.

The scheme opened on 12th March 2020 and closed on the 15th May 2020.

All dates were clearly set out in the Terms and Conditions, in the Press Releases and in the farming media. A series of texts also issued to herd owners, including the person named, informing them of the deadline for applications for the scheme. The person named did not create or submit an application for the 2020 BEEP-S programme.  

Correspondence was received on 22 December 2020 stating that the person named had missed the deadline to submit the BEEP-S application on-line. A review took place and it was determined no application had been recorded. The person named was informed of the outcome of review on 22 December 2020 advising that there was no provision for accepting late applications after the closing date. 

A further request for a review was received on 07 May 2021.  The review was carried out in light of new information provided and was successful. A letter issued on 11 May 2021, enclosing an application form with an instruction to return the completed form.  There is no record of the  completed application form having been received to date. My Department will contact the person named and make arrangements to re-issue the application form. Upon receipt of a fully completed and signed application form, the case will be processed.

Agriculture Industry

Questions (182)

Johnny Mythen

Question:

182. Deputy Johnny Mythen asked the Minister for Agriculture, Food and the Marine if he will consider a lime spreading extension to allow lime to be bought and spread up to March 2024 instead of destroying grassland by driving over saturated fields with heavy machinery, taking into account the exceptional wet summer and soil saturation; and if he will make a statement on the matter. [44284/23]

View answer

Written answers

In response to the difficult weather conditions over the last number of months, last week I announced an important flexibility under the National Liming Programme.

Farmers, approved under that National Liming Programme, that purchase lime before the 31st of October 2023 will now be allowed an extended spreading period until the 31st of March 2024. This will give approved farmers a greater opportunity to spread lime when ground conditions are more suitable.

To benefit, approved farmers must still submit a claim on www.agfood.ie, including an Invoice/Receipt marked paid by the 31st of October 2023. For farmers who avail of the extended spreading deadline, further checks will be carried out in spring 2024 to verify the lime has been spread.

Animal Culls

Questions (183)

Holly Cairns

Question:

183. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the number of badgers culled, by county, in 2022 and to date in 2023; the number of these badgers found dead in the snares; and the number that were alive and were killed by gunshot or other method. [44292/23]

View answer

Written answers

I would like to clarify that my Department does not use snares for the capture of badgers.

All badgers captured are caught using a stopped body restraint. Badgers that are dispatched, are done so in a humane manner, either by the use of a licensed firearm or by the administration of IV barbiturates by a Veterinary Inspector.

DAFM does not record if a badger is alive or dead in a restraint in a culling area. Please see tables below for number of badger culled in the cull areas for 2022 and 2023 to date

                          County

                          Year 2022

Carlow

12

Cavan

275

Clare

404

Cork N

333

Cork S

370

Donegal

20

Dublin

27

Galway

329

Kerry

348

Kildare

176

Kilkenny

36

Laois

147

Leitrim

0

Limerick

177

Longford

0

Louth

0

Mayo

239

Meath

132

Monaghan

225

Offaly

276

Roscommon

278

Sligo

220

Tipperary

376

Waterford

69

Westmeath

468

Wexford

116

Wicklow

205

                           County

                       Year 2023

Carlow

0

Cavan

226

Clare

335

Cork N

190

Cork S

199

Donegal

0

Dublin

11

Galway

280

Kerry

277

Kildare

158

Kilkenny

51

Laois

89

Leitrim

0

Limerick

112

Longford

0

Louth

0

Mayo

169

Meath

117

Monaghan

101

Offaly

170

Roscommon

214

Sligo

141

Tipperary

258

Waterford

38

Westmeath

364

Wexford

94

Wicklow

164

 

Animal Culls

Questions (184)

Holly Cairns

Question:

184. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine to clarify the methods used to kill badgers snared by Departmental operatives; what happens to the remains of the badgers; and what terms and conditions are attached to the licence issued by the NPWS which facilitates the killing. [44293/23]

View answer

Written answers

I would like to clarify that my Department does not use snares for the capture of badgers.

All badgers captured are caught using a stopped body restraint. Badgers that are dispatched, are done so in a humane manner, either by the use of a licensed firearm or by the administration of IV barbiturates by a Veterinary Inspector. All badger carcasses are sent to either the Irish Equine Centre or one of the regional veterinary laboratories for post mortem examination.

There are multiple terms and conditions attached to the licence issued by the National Parks and Wildlife Service. The purpose of these is to ensure that:

• The NPWS are informed of numbers and locations of badgers captured

• That the conditions laid down in various wildlife acts, regulations and statutory instruments are adhered to

• That procedures are followed to mitigate any risks to humans or domestic animals

• That procedures are followed to ensure there is no unnecessary suffering or stress for any badgers captured

Animal Culls

Questions (185)

Holly Cairns

Question:

185. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine whether a badger cull is intended to go ahead in 2024. [44294/23]

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Written answers

There are a number of factors which can contribute to an outbreak of bovine TB. There is irrefutable evidence that links badgers to the spread of bovine TB through badger to cattle transmission.

Many other juristictions cull badgers in order to control the spread of TB from badgers to cattle. DAFM, however, acknowledged that this is not a sustainable long term solution to the problem. DAFM funded extensive research into the use of the BCG vaccine to protect badgers against bovine TB. Following positive results DAFM rolled out a badger vaccination programme in 2019. The studies showed that vaccination of badgers is most effective in areas with lower rates of TB prevalence among both badgers and cattle.

This means, however, that some high TB incidence areas remain unsuitable for vaccine. Badger culling will continue in these areas in 2024 as the need arises.

European Court of Justice

Questions (186)

Mark Ward

Question:

186. Deputy Mark Ward asked the Minister for Agriculture, Food and the Marine if he will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of his Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if he will make a statement on the matter. [44324/23]

View answer

Written answers

I am advised by my Officials that there have been no judgements of the CJEU in the past five years that have made findings against Ireland in respect of matters for which my Department is responsible that have resulted in fines or penalties being imposed against the State.

Forestry Sector

Questions (187, 188)

Claire Kerrane

Question:

187. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of staff employed within his Department with regard to forestry; if a breakdown of roles can be provided; and if he will make a statement on the matter. [44357/23]

View answer

Claire Kerrane

Question:

188. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of staff employed by the Forestry Service; if he will provide a breakdown of roles and responsibilities within the service; and if he will make a statement on the matter. [44358/23]

View answer

Written answers

I propose to take Questions Nos. 187 and 188 together.

The table below shows the current number of permanent staff working in all three forestry divisions in my Department, i.e., Forestry Division, Forest Sector Development (FSD) Division and Forestry Inspectorate Division (including ecology/archaeology).

Please note also that these staff are involved in all aspects of the forestry remit including licensing, promotion, forest health, payments, engagement at National, EU and international level on forestry policy issues and forest sector development. Changes in regulatory requirements in relation to forestry licensing has necessitated an increase in resources.

In addition to the permanent staff, there are currently 20 contract FTE ecologists working on forestry licences and forestry schemes.

Grade/Role

Admin

FSD

Inspectorate

Total

Director of Forestry

1

1

Senior Inspector

1

1

2

Forestry Inspector Grade 1

3

9

12

Forestry Inspector Grade 2

1

9

10

Forestry Inspector Grade 3

5

33

38

Forest Insp G3 (archaeologist)

4

4

Forest Insp G3 (ecologist)

1

1

Forest Insp G3 (engineer)

2

2

AAI (ecologist)

6

6

Principal Officer

1

1

Assistant Principal

6

1

7

Higher Executive Officer

14

1

15

Executive Officer

34

1

4

39

Clerical Officer

41

41

Total

97

13

69

179

Question No. 188 answered with Question No. 187.

Disability Services

Questions (189)

Pa Daly

Question:

189. Deputy Pa Daly asked the Minister for Children, Equality, Disability, Integration and Youth the amount that has been paid to a provider (details supplied) since they were first engaged by the HSE; and what staffing levels are in place, relative to the number of residents, in each facility the provider has. [44235/23]

View answer

Written answers

As the query 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 (190)

Robert Troy

Question:

190. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth when a social worker will be assigned to a person (details supplied). [44361/23]

View answer

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. 

Constitutional Amendments

Questions (191)

Emer Higgins

Question:

191. Deputy Emer Higgins asked the Minister for Children, Equality, Disability, Integration and Youth for an update on the referendum to replace the article of the Constitution that refers to women’s “duties in the home” in November. [44374/23]

View answer

Written answers

On 8 March 2023, the Government announced the intention to hold a referendum on gender equality as recommended by the Citizens’ Assembly and the Special Joint Oireachtas Committee on Gender Equality. An Inter-Departmental Group, involving all Government Departments and chaired by the Department of Children, Equality, Disability, Integration and Youth, was subsequently established to further examine and advance these recommendations. The work of the Group is close to concluding and policy proposals, to include Heads of Bills, will be brought forward for Government to make a decision on the matter as soon as possible. Subject to approval, Bills will be drafted, for consideration by the Oireachtas. It is important to note that, while the IDG are supporting the development of proposals, any decision on policy and wording is for the Government. The Government is mindful of the need for the public to be fully informed on the decisions they are being asked to take and the importance of the role of the Electoral Commission, who will require time to carry out their work.

Legislative Programme

Questions (192)

Emer Higgins

Question:

192. Deputy Emer Higgins asked the Minister for Children, Equality, Disability, Integration and Youth for an update on the status of the Irish Corporate Governance (Gender Balance) Bill 2021; and if he will make a statement on the matter. [44375/23]

View answer

Written answers

The Government is ambitious to achieve substantive and sustainable gender equality on the boards and senior management of Irish companies. Our policy approach has focused on changing the culture of business. The independent, business-led, Balance for Better Business review group, supported by the Department of Enterprise, Trade and Employment, has achieved significant success in this area. Women currently make up 36.1% of board members of Irish-owned companies listed on the ISEQ-20 Index in 2023 to date, above the EU average of 33.2%. The Government supports the objective of Deputy Higgins' Irish Corporate Governance (Gender Balance) Bill 2021 to accelerate our efforts to strive for better balance in economic decision-making. Central to any consideration of potential amendments to Irish law are existing EU laws and legislative developments on gender balance applicable across member states. A new EU directive to improve the gender balance at board level in the largest EU publicly listed companies entered into force in December 2022 with a transposition period of two years. The directive will require large EU listed companies to publish information on the gender balance on their boards.

Targets are set for the boards of these listed companies, of 40% of each gender for the non-executive directors or 33% of all directors including both executive and non-executive directors. Member states will be required to ensure that listed companies that do not meet these targets adjust their selection process for board positions. Under the directive, where a member state has existing domestic initiatives meeting certain criteria, they may suspend the application of the targets. Improvement in the gender balance on listed companies achieved to date under the Balance for Better Business will therefore be an important consideration in the approach Ireland takes to implementing the directive.As part of the transposition of the directive domestically, my Department is examining existing national legislation and the options for transposition. My Department will then look to see if there are any elements on which we need to proceed in terms of what is set out in Deputy Higgins' Bill. I look forward to working with her and others to advance this goal.

Disability Services

Questions (193)

Jim O'Callaghan

Question:

193. Deputy Jim O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the steps the HSE has taken to support the development of the shovel ready Neurodiversity Ireland project in Sandymount to assist children with disabilities; when they can expect the project to be ready to operate, given the level of services required in Dublin and Leinster; and if he will make a statement on the matter. [44240/23]

View answer

Written answers

As this 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 (194)

Michael Lowry

Question:

194. Deputy Michael Lowry asked the Minister for Children, Equality, Disability, Integration and Youth the reason a company (details supplied) entrusted with the management of a significant number of properties under contract with his Department, has properties that either remain completely unoccupied or possess and have available family rooms that have not been allocated to anyone for over two months; the reason individuals continue to reside in tents in Stradbally while the company have secure, contracted properties which remain unutilised with vacant beds; if he will provide clarification regarding which department or section are now responsible for assigning persons to properties under contract with his Department as currently it appears that Citywest is no longer in charge of assigning persons to properties, and regional temporary accommodation hub managers are also without this information; and if he will make a statement on the matter. [44260/23]

View answer

Written answers

Each accommodation provider who has a contract with my Department to provide accommodation for Beneficiaries of Temporary Protection (BOTPs) is required to notify my officials of any vacancies at the accommodation on a weekly basis. The accommodation provider to which the Deputy refers is contracted with the Department for a number of properties and is in contract negotiations in relation to further properties. My Department can only utilise vacancies where a property is in contract with us. This accommodation provider has notified of vacancies at some of these contracted properties by sending a weekly register via email to a designated mailbox.

Maximising the use of contracted vacancies is a priority for my Department. A dedicated team was established in Q2 of this year to actively validate vacancies notified to us by accommodation providers to ensure these are within contract and meet our standards. In addition, improvements to our processes have significantly increased accommodation provider compliance with the requirement to submit weekly registers, currently over 82%, and my officials are actively contacting those outstanding providers not currently doing so to ensure we have a full picture of contracted vacancies.

There are a number of circumstances, however, under which vacancies cannot be used in the short term and must be paused. Where a provider is nearing the end of their contract, for example, or where an issue has been raised with my Department such that the provider’s offering is under review, vacancies notified by that accommodation provider will not be filled until these matters are resolved to ensure the safety and security of BOTPs.

Vacancies which are suitable for immediate use are made available by my officials to operational teams at Citywest and in our Relocations team for allocation. Due to varying room configurations and geographical location, some vacancies may take longer to fill then others given they are utilised to meet the specific requirements of individuals and family groups of BOTPs.

The total number of vacancies available for allocation changes daily as vacancies are both validated and allocated to BOTPs on a daily basis. The average weekly arrival rate of 500-600 BOTPs seeking state supported accommodation despite active management of suitable vacancies, necessitates the use of contingency measures such as tented accommodation. It is my Department's policy that BOTPs will be in tented accommodation for as short a time as possible and BOTPs being periodically moved out of the tents at Stradbally are then allocated to contracted vacancies.

It is important to note that a large proportion of the vacancies notified will be for small numbers of beds in disparate locations which brings logistical difficulties. Where small numbers are identified these are regularly single beds available in family rooms with resident BOTPs, which are difficult to fill. Also, it is often the case that when operational teams seek to use vacancies that have been notified, accommodation providers will reduce the numbers of beds previously indicated to my officials due to rooms being refurbished or needing repair.

My Department will continue to engage with providers to fill suitable vacancies where this is possible.

Disability Services

Questions (195)

Danny Healy-Rae

Question:

195. Deputy Danny Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth if he will address a matter (details supplied); and if he will make a statement on the matter. [44281/23]

View answer

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.

European Court of Justice

Questions (196)

Mark Ward

Question:

196. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide details of the judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of his Department; the nature of the cases and judgements in question; the total amount in euro of fines and/or penalties paid to date associated with each adverse finding broken down by amount paid by day, week, month and so on, as per the judgement; the remedial procedures, if any, that have been undertaken by the State to address each of the judgements; and if he will make a statement on the matter. [44325/23]

View answer

Written answers

I can inform the Deputy that there have not been any judgements made against Ireland in the Court of Justice of the European Union in each of the past five years in respect of matters which are the responsibility of the Department of Children, Equality, Disability, Integration and Youth.

School Meals Programme

Questions (197)

Robert Troy

Question:

197. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth if she will urgently review a school meals project application by a school (details supplied). [44344/23]

View answer

Written answers

My Department is currently considering the output of the recent Additional Nutrition pilot (formerly known as the Hot Meals Pilot). The learning from this pilot will inform future policy around the provision of substantial, nutritious meals in early learning and care services in areas of disadvantage.

I would like to thank Ballymore Community Preschool and the other services that participated in the pilot and contributed to its success. I look forward to announcing more specifics on the EPM over the coming year.

It is unclear from the question if they preschool has also submitted an application for the school meals scheme . This scheme is administered by the Department of Social Protection and any queries with regard to school meals should be directed to that Department

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