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Tuesday, 24 Oct 2023

Written Answers Nos. 473-487

Departmental Schemes

Questions (473)

Denise Mitchell

Question:

473. Deputy Denise Mitchell asked the Minister for Children, Equality, Disability, Integration and Youth if Pillar 1 of the building blocks grant scheme, namely improvement grants, will open for submissions in 2024; and if so, when it is expected that the acceptance of applications in this regard will commence. [46249/23]

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Written answers

Some €69 million has been allocated over the period 2023-2025 to the early learning and childcare sector under the revised National Development Plan (NDP). This will enable significant capital investment in early learning and childcare across three pillars

1 Building Blocks - Improvement Grant;

 2. Building Blocks - Capacity Grant; and

3. Building Blocks - Innovation Grant.

Under the Building Blocks - Improvement Grant, €9 million was allocated earlier this year in grants ranging from €35,000 to €75,000 for energy upgrades and retrofit projects, which supported services in need of upgrading, such as kitchen refurbishments, roof repairs and the replacement of flooring. This pillar is now closed.

Work is currently under way on the design and delivery of Pillars 2 and 3, which have a combined allocation of €20 million in 2024 and €40 million in 2025.

The Building Blocks – Capacity Grant will fund an expansion of existing services in areas of undersupply. Funding will also be provided to support the development of new services, where most needed. The Building Blocks – Innovation Grant will pilot a range of innovative initiatives such as outdoor early learning and childcare services. 

I hope to be in a position to announce details of the Building Blocks – Capacity Grant scheme, including time-frames, in the coming weeks.

Disability Services

Questions (474)

Alan Dillon

Question:

474. Deputy Alan Dillon asked the Minister for Children, Equality, Disability, Integration and Youth if children who require speech and language therapy in County Mayo are being referred to private practices; if not, the reason; and if he will make a statement on the matter. [46305/23]

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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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Disability Services

Questions (475)

Alan Dillon

Question:

475. Deputy Alan Dillon asked the Minister for Children, Equality, Disability, Integration and Youth the wait time for speech and language therapy in County Mayo, for those waiting longer than, 3-6-9-12-24 and 36 months, in tabular form; and if he will make a statement on the matter. [46306/23]

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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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Disability Services

Questions (476)

Francis Noel Duffy

Question:

476. Deputy Francis Noel Duffy asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware of the current waiting time for a facility (details supplied) for basic support services is in excess of 18 months; his plans to cut these waiting times; if his Department is providing additional resources from Budget 2024; and if he will make a statement on the matter. [46307/23]

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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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Rights of People with Disabilities

Questions (477)

Holly Cairns

Question:

477. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on removing the State's reservations to the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [46310/23]

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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. Both I, and the wider government, are committed to the advancement of rights under the UNCRPD, and progress in this area is a key focus of mine.

At the time of ratification, Ireland entered three reservations to Articles 12, 14 and 27 of the Convention. I can confirm for the Deputy that there are no plans to remove the State’s reservations at this time, as the rationale for these reservations has not changed.

As reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, under the declaration and reservation in respect of Article 12, Ireland has declared its understanding that the Convention permits supported and substituted decision-making arrangements that provide for decisions to be made on behalf of a person, where such arrangements are necessary, in accordance with the law, and subject to appropriate and effective safeguards. To the extent that Article 12 may be interpreted as requiring the elimination of all substitute decision-making arrangements, Ireland reserves the right to permit such arrangements in appropriate circumstances and subject to appropriate and effective safeguards. The rationale for this declaration and reservation is to ensure that difficulties are not encountered in the operation of provisions in Part 5 of the Assisted Decision-Making (Capacity) Act 2015, which allows for the appointment of a decision-making representative to take specified decisions on behalf of a person, strictly in line with that person's will and preference and in a manner supervised by the Decision Support Service, and for the taking of certain decisions by a court on behalf of a person in urgent and limited circumstances, as set out in the Act.

As further reported to the UN Committee in Ireland’s Initial State Report under the UNCRPD, in respect of Articles 12 and 14, Ireland recognises that all people with disabilities enjoy the right to liberty and security of the person, and a right to respect for physical and mental integrity on an equal basis with others. When ratifying the Convention, Ireland declared its understanding that the Convention allows for compulsory care or treatment of persons, including measures to treat mental disorders, when circumstances render treatment of this kind necessary as a last resort, and the treatment is subject to legal safeguards. The rationale behind this declaration is to preserve the insanity defence under the Criminal Law (Insanity) Act 2006, to preserve the unfitness to be tried process, and to allow for the treatment of persons who may be likely to cause harm to themselves or other under the Mental Health Act 2001. The Deputy will be aware that in relation to the Mental Health Act 2001, significant reforms are planned in amending legislation being developed by the Department of Health.

While Ireland accepts the provisions of Article 27 of the Convention, it has entered a reservation that this Article is subject to the understanding that none of its obligations relating to equal treatment in employment and occupation shall apply to the admission into or service in any of the Defence Forces, An Garda Síochána, the Prison Service, the Fire Brigade, the Irish Coastguard, and the Ambulance Service. The rationale behind this reservation is to allow for the continued operation of appropriate occupational health assessments in recruitment to front line posts where there are particular requirements with regard to performance of duties. This arises in the case of operational roles in the Defence Forces, An Garda Síochána, the Prison Service, and the Emergency Services. The reservation is not intended to preclude recruitment of persons with disabilities into alternative and appropriate roles but rather it is accepting of the fact that an accident or fire scene, for example, may not be a safe or appropriate working environment for a person with certain types of disability.

Rights of People with Disabilities

Questions (478)

Holly Cairns

Question:

478. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth to provide an update on the ratification of the UN Optional Protocol of the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [46311/23]

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Written answers

The Optional Protocol of the United Nations Convention on the Rights of Persons with Disability is an international treaty that establishes two procedures aimed at strengthening the implementation and monitoring of the Convention. The first is an individual communications procedure allowing individuals to bring petitions to the Committee claiming breaches of their rights; the second is an inquiry procedure giving the Committee authority to undertake inquiries of grave or systematic violations of the Convention.

Ratification of the Optional Protocol is a commitment in the Programme for Government. 

The timeline for ratifying the Optional Protocol was anticipated to follow the conclusion of Ireland’s first review period before the UN Committee. This has not taken place yet because of delays at UN level outside of Ireland’s control. Ireland submitted its first State Report in November 2021 and we continue to await a review date from the UN Committee.

In light of this, I am open to the earlier ratification of the Optional Protocol, subject to the state being in a position to meet the obligations that arise. I have already commenced the necessary scoping exercise to ascertain the requirements for ratifying the Optional Protocol at the earliest opportunity.

This scoping work is a procedurally necessary exercise in due diligence for the State to agree to any supra-national and quasi-judicial process, and is in keeping with the State’s long-standing position in relation to ratifying internationally binding treaties.

As a country that takes its international obligations extremely seriously and seeks to act in good faith on the international stage, Ireland does not enter into binding international treaties until we are confident that the obligations set out within can be complied with.

While an exact date for ratification of the Optional Protocol cannot be given at the moment, it is my priority to ensure that ratification takes place at the earliest possible date.

It is extremely important to note that ratification of the Optional Protocol is not a precondition to the implementation of the UNCRPD. Ireland fully ratified the UNCRPD in 2018 and the Government remains committed to continuously advancing the rights of persons with disabilities that it sets out.

Currently, the UN Committee on the Rights of Persons with Disabilities monitors and evaluates Ireland’s implementation of the UNCRPD through examinations of periodic State Reports, and the State has and is continuing to make progress in the continuous advancement of rights under the Convention.

Health Services Waiting Lists

Questions (479)

Holly Cairns

Question:

479. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of children and young persons on waiting lists for an assessment of need in each LHO, in tabular form, with a monthly breakdown of waiting times. [46314/23]

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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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Health Services

Questions (480)

Michael Healy-Rae

Question:

480. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth if the case of a child (details supplied) will be investigated; if respite care will be provided for them; and if he will make a statement on the matter. [46332/23]

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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.

As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Equality Issues

Questions (481, 482)

Jackie Cahill

Question:

481. Deputy Jackie Cahill asked the Minister for Children, Equality, Disability, Integration and Youth is there is an obligation on local authorities to ensure that they meet a minimum statutory obligation for the number of people with disabilities employed within a local authority as public sector staff; and if he will make a statement on the matter. [46352/23]

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Jackie Cahill

Question:

482. Deputy Jackie Cahill asked the Minister for Children, Equality, Disability, Integration and Youth if there is an obligation on public bodies to ensure they meet a minimum statutory requirement for the number of employees in a particular public body that have a disability; and if he will make a statement on the matter. [46353/23]

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Written answers

I propose to take Questions Nos. 481 and 482 together.

As the Minister of State with Responsibility for Disability I am fully committed to ensuring that more people with disabilities are employed in the public service. The public sector must show leadership in this area.

Part 5 of the Disability Act 2005 sets out obligations on public bodies to promote and support the employment of people with disabilities. The definition of "public body" within the Act includes local authorities. These obligations previously set a minimum target such that 3% of public sector workers should be persons with disabilities.

Government has doubled that statutory target for the employment of people with disabilities in the public sector via the Assisted Decision-Making (Capacity) (Amendment) Act 2022. This measure was commenced by Minister O'Gorman in April of this year. The Disability Act was amended and the minimum target was doubled from 3% to 6%. This increase will occur on a phased basis - to 4.5% on 1 January 2024, and to 6% on 1 January 2025.

The National Disability Authority (NDA) prepares an annual report on compliance with Part 5 of the Disability Act each year. The most recent Report relates to figures for 2021. The then minimum target of 3% was exceeded by the public service as a whole for the eleventh year in a row, and stood at an overall figure of 3.6 %. 

Although there is certainly work to be done to ensure that the 6% target is met, the overall trend in recent years is encouraging. The report on compliance in 2021 indicates that 36.5% of public bodies were already meeting the new target. This represents a positive increase on the previous year's figure of 28.4%. In 2021, the overall number of public sector employees reporting a disability increased by 18% on the previous year's figures.

I am pleased to see this upward trend and I note the progress achieved in recent years by the Public Appointments Service as it continues to develop more inclusive pathways into the public sector workforce. This will help to lay the foundation towards reaching the new 6% target from 1 January 2025.

Question No. 482 answered with Question No. 481.

Disability Services

Questions (483)

Violet-Anne Wynne

Question:

483. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth the test that must be satisfied in order for a person to avail of a fund (details supplied); and if he will make a statement on the matter. [46420/23]

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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

State Bodies

Questions (484)

Carol Nolan

Question:

484. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth to provide details of all agencies and bodies under the aegis of his Department; if a dedicated Oireachtas email address is available for each; if not, if he will direct that such a dedicated email address be established to facilitate more efficient communication; and if he will make a statement on the matter. [46538/23]

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Written answers

I have listed the dedicated Oireachtas email addresses for each of the relevant bodies under the aegis of my Department in the table below.

Gaisce – the President’s Award does not have a dedicated email address for Oireachtas members. This organisation is not a State Body and the relevant protocol regarding the provision of information to members of the Oireachtas is not appropriate to it.

Please note that IHREC and the OCO will respond to this PQ directly.

Name of body

Dedicated Oireachtas email address

Tusla, the Child and Family Agency

tuslapad@tusla.ie

The National Disability Authority

oireachtasreps@nda.ie

The Adoption Authority of Ireland

corporate@aai.gov.ie

Oberstown Children Detention Campus

Parliamentaryaffairs@oberstown.com

Disability Services

Questions (485)

Duncan Smith

Question:

485. Deputy Duncan Smith asked the Minister for Children, Equality, Disability, Integration and Youth if he will ask his Department to contact the parents of a child (details supplied) who has been on a list for early intervention attention for over six years, has had an assessment of needs completed but has received no indication of when they will receive support; and if he will make a statement on the matter. [46556/23]

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. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Departmental Priorities

Questions (486)

Eoin Ó Broin

Question:

486. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 586 of 27 June 2023, if the scoping exercise is complete; when proposals will be brought forward; the timeline for when he aims to have a policy commenced; and if he will make a statement on the matter. [46567/23]

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Written answers

My Department is currently in the final stages of completing the scoping exercise on kinship care, which will include a review of national and international literature and current best practices. Under Article 12 of the UNCRC, the child's views must be considered and taken into account in all matters affecting him or her. In order to ensure that the voice of the child is present from the earliest possible stage, consultations are being planned which will include those most directly affected by this policy. Children and young people in informal kinship care arrangements, their carers and parents will be consulted in-depth as part of the development of the policy. In line with current best practice, these consultations will be carried out by my Department and completed early next year. The scoping paper will be finalised once these important voices have been included.

Local Government Reform

Questions (487)

Catherine Murphy

Question:

487. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth in the context of the Local Government Reform Act 2014, if he will provide a schedule of functions of his Department that have been devolved in full or in part, or are in the process of being devolved in full or in part; the date on which the devolutions commenced; and if he will indicate whether any function was returned to the Department subsequently. [46577/23]

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Written answers

There have been no functions under the remit of my Department that have been devolved in the context of the Local Government Reform Act 2014.

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