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Tuesday, 9 Apr 2024

Written Answers Nos. 1115-1138

Children in Care

Questions (1115)

Pádraig O'Sullivan

Question:

1115. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth his plans to protect the future of vulnerable children within the care of the State; and if he will make a statement on the matter. [14388/24]

View answer

Written answers

The responsibility for the provision of alternative care services lies with Tusla, the Child and Family Agency. Since its establishment in 2014, Tusla has led a comprehensive reform of child protection, alternative care, and family support services. Central to their vision is the development of services that ensure children are safe and achieving their full potential.

Budget 2024 brought Tusla’s allocated budget to €1.038 billion. This funding will allow Tusla to begin to address some of the increased demand for Tusla services, including increasing capacity in respect of residential care provision in line with commitments contained within Tusla’s Strategic Plan for Residential Care Services for Children and Young People 2022-2025. Further, Tusla has developed a range of Strategic Plans across the continuum of care, which outline increased investment and commitments to improvement of services for children and young people in care.

Section 41 (1) of the Child and Family Act 2013 stipulates that I as Minister shall develop a performance framework to provide Tusla with policy guidance, direction and prioritisation parameters for the preparation of its corporate plan, and provision is also made for the development of a performance statement for the preparation of Tusla’s annual business plan.

Tusla’s corporate plan 2024-2026 reflects these priorities, particularly in objective 3, in which Tusla commits to ensuring the services it provides are structured to provide consistent, quality and integrated response to service users, and objective 4, which puts a spotlight strengthening service integration both internally and externally to better meets the needs of service users. Specific actions under these two objectives are wide-ranging, including among others a restructuring of Tusla’s service areas and improving early access to therapeutic services for children in care.

Additionally, a priority of mine in the led up to Budget 2024 was to seek to improve the supports foster carers can avail of. As part of Budget 2024, from 1st January 2024 the rates of the foster care allowance have increased by €25 per week, up to €350 per week for children aged under 12 and €377 per week for those over 12.  The foster care allowance will be further increased in November 2024, up to €400 per week for children aged under 12 and €425 per week for those over 12.  This increase, the first since 2009, reflects my priority to make a significant investment for those children and the families that care for them.

The Government is committed to supporting the provision of high quality and safe services to children in care, which will help them to reach their full potential. Officials in my Department meet regularly with their counterparts in Tusla to discuss a range of issues, including availability of placements, workforce planning and interagency issues, with a view to supporting the continuous improvement of services delivered to children in care. 

Childcare Services

Questions (1116)

Aindrias Moynihan

Question:

1116. Deputy Aindrias Moynihan asked the Minister for Children, Equality, Disability, Integration and Youth the progress that is being made to opening the national childcare scheme to childminders who are not registered with Tusla; and if he will make a statement on the matter. [14400/24]

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Written answers

The National Action Plan for Childminding 2021-2028 commits to opening the National Childcare Scheme to childminders at the earliest possible opportunity. The Childcare Support Act 2018, which provides a statutory basis for the National Childcare Scheme, specifies that only Tusla-registered providers are eligible to participate in the National Childcare Scheme. The restriction of public funding to Tusla-registered providers helps ensure that funding is only provided where there is assurance of the quality of provision.

Phase 1 of the National Action Plan, which is nearing completion, requires the amendment of the primary legislation to enable childminders to register with Tusla; the development of new, childminder-specific regulations that are proportionate and appropriate to the home environment in which childminders work; development and roll-out of new, bespoke training for childminders; and re-examining the funding and financial supports available for childminders.

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

Work on the childminding-specific regulations began in 2022. On 8 February I launched the public consultation on the draft regulations. The consultation will close on 2 May and amendments may then be required to the current draft. The amendments to the primary legislation that are currently being drafted include a proposed transition period of three years. In line with the National Action Plan for Childminding, this phased approach is intended to give childminders the time to meet the new regulation and registration requirements that will be put in place.

Disability Diagnoses

Questions (1117)

Bernard Durkan

Question:

1117. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth when a diagnosis will be forthcoming in the case of a person (details supplied); and if he will make a statement on the matter. [14413/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

Care Services

Questions (1118)

Bernard Durkan

Question:

1118. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which the children of a person (details supplied) can enjoy the protected offered through Tusla and An Teach Tearmainn during ongoing family law discussions; and if he will make a statement on the matter. [14423/24]

View answer

Written answers

Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Deputy is seeking information in relation to an operational matter for Tusla. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.

Disabilities Assessments

Questions (1119)

Bernard Durkan

Question:

1119. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth to ensure that medical assessment for autism is provided for the son of a person (details supplied); and if he will make a statement on the matter. [14433/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

Disabilities Assessments

Questions (1120)

Aodhán Ó Ríordáin

Question:

1120. Deputy Aodhán Ó Ríordáin asked the Minister for Children, Equality, Disability, Integration and Youth when a child (details supplied) who has been on the waiting list to be seen by the school age team for over five years, is likely to be seen; and if he will make a statement on the matter. [14437/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

Disability Services

Questions (1121)

Matt Carthy

Question:

1121. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 132 of 14 December 2023, the proposed location of the standalone respite service for children (details supplied); and if he will make a statement on the matter. [14440/24]

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.

Disability Services

Questions (1122)

Jim O'Callaghan

Question:

1122. Deputy Jim O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the number of residential places for people with a disability currently being provided as of 1 April 2024 or latest date available; and the number by CHO area, in tabular form. [14475/24]

View answer

Written answers

Residential services make up the largest part of the Disability funding disbursed by the HSE, 58% of the total budget, and approximately 90 service providers provide residential services to approximately 8,400 individuals throughout the country. The bulk of these are provided by the 50 highest funded agencies (comprising both Section 38 & Section 39 organisations).

It is important to note that residential capacity in the system can be reduced. When residents of congregated settings sadly pass away, their places are not ordinarily re-utilised. This is in keeping with Government policy which is to move away from institutionalised settings (i.e. Time to Move On from Congregate Settings).

I am informed by the HSE that as of February 2024, there were 8421 residential places for people with a disability.

The table below shows the number of residential places available at end of February 2024, broken down by CHO Area. This is the latest available data.

CHO Area

Residential Places Available February 2024

CHO 1

699

CHO 2

878

CHO 3

814

CHO 4

1,136

CHO 5

921

CHO 6

557

CHO 7

1,208

CHO 8

961

CHO 9

1,247

Total

8,421

Health Services Staff

Questions (1123)

Jim O'Callaghan

Question:

1123. Deputy Jim O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the number of staff in community neuro-rehabilitation teams in each CHO; the specific medical or healthcare posts in each team in each CHO; and the estimated full-year cost of providing a full neuro-rehabilitation team in each CHO, in tabular form. [14476/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

International Protection

Questions (1124)

Carol Nolan

Question:

1124. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth to provide the number of offers of accommodation received by the International Protection Procurement Service primarily through its e-mail portal; the number of such offers that were subsequently assessed as suitable premises to accommodate IP applicants; the number of such offers that were deemed unsuitable and rejected; and if he will make a statement on the matter. [14490/24]

View answer

Written answers

The Department does not collate the information in the manner requested.

Ireland is currently accommodating more than 100,000 people between those fleeing Ukraine and International Protection (IP) applicants. This includes circa 28,500 IP applicants currently in International Protection Accommodation Service (IPAS) accommodation.

Department officials are working tirelessly to bring more bed spaces into use, and since January 2022 have brought over 200 properties into use to accommodate those who arrive in Ireland seeking international protection (IP). This brings the total number of IPAS centres to 280.

Once an offer of accommodation is received, IPPS sends a proposal template to the prospective provider that they are required to complete and return. The proposal template seeks to gather as much information as is reasonably practicable to facilitate an objective assessment of the suitability of the premises to accommodate international protection (IP) applicants. This includes information on the building's safety and fitness for occupancy, its catering provision and room sizes, its recreational and lounge facilities and various other criteria such as Wi-Fi, security provision and staffing

When an offer is received and assessed, the onus is on the provider to ensure that the property is of an adequate standard and that the provider will provide the services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of health and safety, environmental, social, child protection, and labour law that apply at the place where the services are provided.

Offers can be rejected at various stages of the appraisal process and do not necessarily progress to the appraisal stage following on from initial receipt of offer for a variety of reasons.

International Protection

Questions (1125)

Róisín Shortall

Question:

1125. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth if he will respond to concerns raised in correspondence (details supplied) regarding the International Protection Integration Fund; the steps he will take to ensure greater dissemination of information relating to the fund, in particular to ensure that community organisations are aware of the fund and its associated deadlines; the reason groups registered on the Public Participation Network were not notified of the details of, including the deadlines for, the fund; if community organisations who are keen to receive funding can apply to the fund at this point; and if he will make a statement on the matter. [14495/24]

View answer

Written answers

The International Protection Integration Fund was open from 7th February to 6th March of this year. A press release announced the launch of the funding call. A total of 245 applications were received requesting over €10m in grant funding, demonstrating that the fund was widely publicised. The fund was launched at an earlier date than last year due to the pressing needs of community organisations working with International Protection Applicants. 

As with all integration themed funding calls run by my Department the fund was publicised via official press release, the department’s website and social media accounts. 

The deadline for application has passed. However there will be more integration themed funding calls announced in the coming months.

Disability Services

Questions (1126)

Martin Kenny

Question:

1126. Deputy Martin Kenny asked the Minister for Children, Equality, Disability, Integration and Youth the reason the children's disability network team has re-categorised a complex need in children and children with autism are no longer categorised as having a complex need; and if he will make a statement on the matter. [14496/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

Disability Services

Questions (1127)

Pádraig Mac Lochlainn

Question:

1127. Deputy Pádraig Mac Lochlainn asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the situation faced by the family of a child (details supplied); and if he will make a statement on the matter. [14500/24]

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.

Disability Services

Questions (1128)

Matt Carthy

Question:

1128. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth the adult and children overnight respite services currently operating in each county, in tabular form; and if he will make a statement on the matter. [14554/24]

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.

Childcare Services

Questions (1129)

Matt Carthy

Question:

1129. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth the childcare supports available to a person who works and resides within the State but who avails of childcare in the north of Ireland; and if he will make a statement on the matter. [14556/24]

View answer

Written answers

The National Childcare Scheme (NCS) provides subsidies to parents in order to help reduce the cost of early learning and childcare. Under the NCS, subsidies are available for families with children aged between 24 weeks and 15 years who are attending any participating Tusla registered childcare service in the Republic of Ireland, including any Tusla registered childminder and school age childcare services.

Early learning and childcare services based in Northern Ireland cannot participate in the NCS or any other childcare support measures funded by the State. In order for an early learning and childcare provider to participate in the NCS, they must first meet two conditions:

They must be registered with Tusla under Section 58C of the Child Care Act 1991 to provide early years services at that address, and;

There must be a contract in force between the Minister and the childcare service provider in relation to the provision of childcare services under the NCS.

Should this family wish to avail of the NCS, they must register with an early learning and childcare service in the Republic of Ireland which meets the above criteria. A Childcare Search function is available on www.ncs.gov.ie which details a list of participating services offering the NCS. Alternatively, the family may contact their local City/County Childcare Committee (CCC) for support and advice. The CCC’s contact details may be found on www.myccc.ie.

Disability Services

Questions (1130)

Mark Ward

Question:

1130. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if the lisbrí unit in Cherry Orchard Hospital will be closing; if so, the reason the unit is closing; when this will take place; the plans for the residents of this unit; and if he will make a statement on the matter. [14562/24]

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.

The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs.

Disability Services

Questions (1131)

Michael Healy-Rae

Question:

1131. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth his plans to replace a service (details supplied); and if he will make a statement on the matter. [14573/24]

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.

Disabilities Assessments

Questions (1132)

Thomas Gould

Question:

1132. Deputy Thomas Gould asked the Minister for Children, Equality, Disability, Integration and Youth the number of children on waiting lists for an assessment of need for each month to date 2019-2024, inclusive, in tabular form; the number overdue for completion; and the average length of wait in Cork, by LHO or administrative area. [14605/24]

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. The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs and Reps to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs and Reps.

Childcare Services

Questions (1133)

Eoin Ó Broin

Question:

1133. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth the options, if any, available to childcare providers who cannot afford to engage the services of a chartered accountant for financial reporting requirements; if this requirement will be reconsidered; and if he will make a statement on the matter. [14625/24]

View answer

Written answers

Officials in my Department have, in recent months, engaged intensively with members and nominees of the Early Learning and Childcare Stakeholder Forum (ELCSF) in relation to Core Funding Financial Reporting Requirements.

Arising from that engagement, transitional arrangements for financial reporting this year and next were agreed.

The Income and Expenditure Template that my officials now require to be completed as part of these transitional arrangements was shared with providers on 21 December 2023 through the Hive.

Over the same period, my officials also engaged with accountants to finalise guidance in respect of the role of the accountant in financial reporting this year. This guidance was shared on 8 March 2024.

The transitional arrangements, which were agreed, have necessitated substantial changes in the financial reporting portal under development and this has been a factor in the timeline for that work.

Following a meeting with the portal developers, my Department wrote to providers on 15 March to advise that the portal, which will be tested by a number of providers, will open in two stages:

* The portal will be open to providers to register and to link their nominated accountant on or before the 29 April 2024.

* The portal will be open on or before the 31 May 2024 to accept completed Income and Expenditure templates

Given the availability of the portal is later than originally planned, the deadline for submitting completed Income and Expenditure templates will now be 26 June 2024.

In advance of the portal opening, providers can complete the Income and Expenditure template and engage an accountant. I understand many providers have already done this.

As my officials communicated previously, providers that experience difficulty in engaging an accountant to submit the completed Income and Expenditure template by the new deadline will have the option of submitting a draft Income and Expenditure template by 26 June 2024.

Services that avail of this option will need to engage an accountant to submit a final Income and Expenditure template prior to them entering into Core Funding in Year 3.

My Department officials are now focusing on rolling out a suite of supports to providers to fulfil their financial reporting obligations under Core Funding, which will be delivered through local City/County Childcare Committees (CCC).

These supports will include a once-off financial support for targeted services. Further details on these supports are outlined in a detailed FAQ which is available on the Hive.

Financial reporting requirements under Core Funding was a recommendation of the Expert Group in their report ‘Partnership for the Public Good’ who identified the need for robust data to underpin funding policy. These essential data will inform the ongoing development of Core Funding, including preparations for the next Estimates process, ensuring we can continue to make progress on our shared objectives of affordable, quality, inclusive and sustainable early learning and childcare services.

Childcare Services

Questions (1134)

Emer Higgins

Question:

1134. Deputy Emer Higgins asked the Minister for Children, Equality, Disability, Integration and Youth if the requirement for service providers to engage a chartered accountant for smaller play schools will be postponed; if his Department accepts the Revenue Commissioners accounts submitted directly by service providers as sufficient evidence of income reporting (details supplied); and if he will make a statement on the matter. [14626/24]

View answer

Written answers

Officials in my Department have, in recent months, engaged intensively with members and nominees of the Early Learning and Childcare Stakeholder Forum (ELCSF) in relation to Core Funding Financial Reporting Requirements.

Arising from that engagement, transitional arrangements for financial reporting this year and next were agreed.

The Income and Expenditure Template that my officials now require to be completed as part of these transitional arrangements was shared with providers on 21 December 2023 through the Hive.

Over the same period, my officials also engaged with accountants to finalise guidance in respect of the role of the accountant in financial reporting this year. This guidance was shared on 8 March 2024.

The transitional arrangements, which were agreed, have necessitated substantial changes in the financial reporting portal under development and this has been a factor in the timeline for that work.

Following a meeting with the portal developers, my Department wrote to providers on 15 March to advise that the portal, which will be tested by a number of providers, will open in two stages:

* The portal will be open to providers to register and to link their nominated accountant on or before the 29 April 2024.

* The portal will be open on or before the 31 May 2024 to accept completed Income and Expenditure templates

Given the availability of the portal is later than originally planned, the deadline for submitting completed Income and Expenditure templates will now be 26 June 2024.

In advance of the portal opening, providers can complete the Income and Expenditure template and engage an accountant. I understand many providers have already done this.

As my officials communicated previously, providers that experience difficulty in engaging an accountant to submit the completed Income and Expenditure template by the new deadline will have the option of submitting a draft Income and Expenditure template by 26 June 2024.

Services that avail of this option will need to engage an accountant to submit a final Income and Expenditure template prior to them entering into Core Funding in Year 3.

My Department officials are now focusing on rolling out a suite of supports to providers to fulfil their financial reporting obligations under Core Funding, which will be delivered through local City/County Childcare Committees (CCC).

These supports will include a once-off financial support for targeted services. Further details on these supports are outlined in a detailed FAQ which is available on the Hive.

Financial reporting requirements under Core Funding was a recommendation of the Expert Group in their report ‘Partnership for the Public Good’ who identified the need for robust data to underpin funding policy. These essential data will inform the ongoing development of Core Funding, including preparations for the next Estimates process, ensuring we can continue to make progress on our shared objectives of affordable, quality, inclusive and sustainable early learning and childcare services.

International Protection

Questions (1135)

Carol Nolan

Question:

1135. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth to provide details of the amount of funding used to date from the asylum, migration and integration fund to fund the return of failed international protection applicants; and if he will make a statement on the matter. [14631/24]

View answer

Written answers

The Asylum, Migration and Integration Fund (AMIF) aims to boost national capacities and improve procedures for migration management, as well as to enhance solidarity and responsibility sharing between EU Member States.

The AMIF 2021-2027 Programme, at both EU and national levels, is comprised of four Specific Objectives*, which support the interventions as identified under Article 16(12) of the AMIF Regulation 2021/1147. Each activity in Ireland’s national programme is programmed under a particular specific objective (SO), with actions listed under Specific Objective 3 contributing to countering irregular migration; enhancing effective, safe and dignified return and readmission; and promoting and contributing to effective initial reintegration in third countries.

No expenditure related to Specific Objective 3 has been claimed to date under the AMIF 2021-2027 programme.

To date, €4,176,633.82 has been claimed under the previous programme, the 2014-2020 AMIF national programme, for Specific Objective 3 activities related to the removal from Ireland of non-nationals in respect of whom deportation orders have issued and who are nationals of non-EEA countries. Deportation orders issue for many reasons and not just to failed international protection applicants, it is not possible to separate out the failed international protection applications specifically.

 *The four SOs are:

 (1) strengthening and developing all aspects of the Common European Asylum System, including its external dimension;

 (2) strengthening and developing legal migration to the Member States in accordance with their economic and social needs, and promoting and contributing to the effective integration and social inclusion of third-country nationals;

 (3) contributing to countering irregular migration, enhancing effective, safe and dignified return and readmission, and promoting and contributing to effective initial reintegration in third countries;

 (4) enhancing solidarity and fair sharing of responsibility between the Member States, in particular as regards those most affected by migration and asylum challenges, including through practical co-operation.

Departmental Contracts

Questions (1136)

Mairéad Farrell

Question:

1136. Deputy Mairéad Farrell asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 1156 of 20 March 2024, if the contracts awarded to these providers was directly awarded or whether a competitive tender took place; and if he will make a statement on the matter. [14645/24]

View answer

Written answers

As a result of the ongoing war in Ukraine and the numbers of Beneficiaries of Temporary Protection (BOTPs) who have arrived in Ireland since March 2022, my Department has urgently needed to secure emergency temporary accommodation and ancillary services in order to provide access to accommodation to those fleeing the conflict who request it, in line with Government policy. 

Due to this urgent need, my Department is not always in a position to procure necessary contract(s) by advertising using the procedures set out in the Procurement Regulations. Accommodation contracts awarded by my Department, such as the ones referenced by the Deputy, have, therefore, relied upon the derogation contained in Article 32(2)(c) of the European Union (Award of Public Authority Contracts) Regulations 2016 (S.I. 284/2016) and as referenced in the European Communications of 8 March and 22 March 2022.

To date, over 105,000 Beneficiaries of Temporary Protection have arrived in Ireland and over 83,000 of those have been referred to my Department seeking accommodation from the State.

Equality Issues

Questions (1137)

Peadar Tóibín

Question:

1137. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the EU legislation that unpins the change in gender protection (details supplied); and if it is this case that the Irish Human Rights and Equality Commission is misleading people on the matter. [14650/24]

View answer

Written answers

Irish law prohibits discrimination on specific grounds under the Employment Equality Acts and the Equal Status Acts (the Equality Acts). These protected grounds are age, civil status, disability, family status, gender, membership of the Traveller Community, race, religious belief and sexual orientation. The Equal Status Act also protects against discrimination related to Housing Assistance Payments.

The Equality Acts give effect to EU legislation on equality and it has been established under EU law that a transgender person who experiences discrimination arising from their gender reassignment, or transition, is protected under the gender ground.

The Gender Recast Directive [DIRECTIVE 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)] protects against discrimination arising from the gender reassignment of a person as outlined in Recital 3.

The European Courts of Justice, for example in P v S and Cornwall County Council (Case C-13/9), have approved the approach that the gender ground protects transgender persons from discrimination. In Ireland, this approach has been applied and the gender ground in our Equality legislation has therefore been interpreted to protect transgender people from discrimination; see the Workplace Relations Commission decision in Hannon v. First Direct Logistics Limited (Decision No. DEC-E2011-066).

The European Court of Human Rights has also affirmed that gender identity is within the scope of equality and non-discrimination protection under Article 14 of the European Convention of Human Rights.

Emergency Accommodation

Questions (1138)

Réada Cronin

Question:

1138. Deputy Réada Cronin asked the Minister for Children, Equality, Disability, Integration and Youth if his Department will undertake an urgent and full inspection and audit of a situation (details supplied); and if he will make a statement on the matter. [14711/24]

View answer

Written answers

International Protection Accommodation Services (IPAS) has engaged with both the management of Ryevale House and the Kildare County Council Local Authority Integration Team in relation to its sanitation facilities.

In line with expected standards, Ryevale House is equipped with the sufficient sanitation facilities for the number of residents occupying the Centre. These facilities are regularly cleaned and maintained. Ryevale House operates a large-capacity external water tanker that is regularly monitored and refilled to guarantee an uninterrupted supply of running water. IPAS has received no complaints from residents of Ryevale House on any issues relating to sanitation or the provision of running water.

The International Protection Procurement Service (IPPS) has conducted two unannounced inspections of Ryevale House recently. These inspections took place on 19 September 2023 and 11 January 2024. There were no issues reported with regards to sanitation or hygiene facilities at this centre. 

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