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Thursday, 11 Apr 2024

Written Answers Nos. 165-185

Legislative Measures

Questions (165)

Pádraig O'Sullivan

Question:

165. Deputy Pádraig O'Sullivan asked the Minister for Justice if she will reflect on the Gambling Regulation Bill 2022 and take into consideration the potential effects it will have on charities, non-profits, and sporting organisations and their ability to fundraise; and if she will make a statement on the matter. [15752/24]

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Written answers

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. 

The Government recognises and appreciates the hard work of, and services provided by, not-for-profit and voluntary organisations, including the many charitable organisations in this country. In that regard, the Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes, including charities, sporting organisations and local sports clubs. 

Neither the Government nor I want to prevent charities from fundraising via lotteries, raffles and other gambling activities. I have had wide-ranging engagement with the charity sector and have listened to their concerns. My officials and I met with 14 individual organisations from the sector in February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill. A further meeting between Department officials and representatives from the Charities Institute Ireland took place in August 2023 to discuss the Bill.

As the Deputy will be aware, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included as a direct result of a recommendation of the Joint Oireachtas Committee on Justice’s pre-legislative scrutiny report (May 2022). In line with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.   

The Bill does not equate the charity and not-for-profit sectors with commercial gambling operators. Charities may continue to advertise and promote their work in all fora without hindrance. The advertising watershed will only apply to charitable / philanthropic licence holders when advertising gambling activities, and not advertising generally.

It is important to note that charities and other organisations that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956.  The Gambling Regulation Bill is a direct continuation of this existing policy, and the measures, albeit modernised, provided for in the 1956 Act and the exclusion of the charity sector from the provisions of the Bill would result in a removal of safeguards and protections that sector has complied with for close to the past 70 years.

It is essential that charities, not-for-profit and voluntary organisations of all kinds and their activities continue to be well regulated, and are also seen to be well regulated to ensure public confidence in them, and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity, charitable cause or as a sports club. To exclude these organisations from the scope of the legislation, or to reduce its application, would remove important protective legislative safeguards for legitimate organisations, and create a scenario where anyone could  apply for a charitable or philanthropic licence to circumvent being subject to the regulation, scope or accountability contained in the Bill.

As I noted at Committee Stage, and following engagement with stakeholders, I intend to bring a number of amendments to the Bill during Report Stage to provide clarification to the advertising provisions and related matters.

Legislative Measures

Questions (166)

Fergus O'Dowd

Question:

166. Deputy Fergus O'Dowd asked the Minister for Justice to respond to correspondence and proposals set out by an organisation (details supplied) in respect of the Family Courts Bill 2022; and if she will make a statement on the matter. [15768/24]

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Written answers

As the Deputy is aware, in November 2022 I set out in the First Family Justice Strategy an ambitious vision for a family justice system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.  This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.

A key part of this plan is the creation of a more efficient and user-friendly family court system that puts the family and children at the centre of its work. 

The aim of the Family Courts Bill, which is currently being considered by the Oireachtas, and the establishment of Family Court divisions within existing Court structures is to enable family law issues to be dealt with in the simplest and most cost efficient way, reducing the stress faced by litigants in such cases.

The proposed extension of jurisdiction in judicial separation and divorce cases should be particularly helpful in uncontested cases. Giving jurisdiction to the Family District Court to rule in such matters is considered to be appropriate. Many of the issues to be dealt with by the court, in uncontested cases in particular, will have already been agreed between the parties to the case before they go into court and what remains is the granting of the appropriate order or decree by the court.

Giving concurrent jurisdiction to all three Family Court jurisdictional levels in such cases will enable less contentious cases to be determined in the lowest appropriate Court jurisdiction at a lower cost to Court users. 

Among the many goals in the Strategy is to develop better ways to manage, collect and share information within the family justice system while maintaining privacy and dignity for children and parents.

This poses challenges, especially in family law, where maintaining privacy and dignity for children and parents is so important and indeed, legally required.

A key action within this goal is the research my Department is commissioning to examine the operation of the in-camera rule and recommend changes to it

My Department issued a request for tender for this research and preparations are under way for contracts to be signed.  

Once commenced, the research is expected to take six months to complete.

This new research will also examine any practice from other jurisdictions which could be applied in the Irish context.  We need to ensure transparency, certainty and the continued protection of both the families involved in family law proceedings and the professionals who may engage with them.

An important goal in the Family Justice Strategy is to promote more co-operative, less adversarial, more sustainable, ways for individuals, children and families to try to resolve disputes. This goal contains a number of actions relating to the role of mediation in family justice. 

The Courts Service has, as part of its family justice work, provided on its new Family Law Information Hub information on the potential for use of mediation in family law.It also signposts mediation on guardianship, custody, access and maintenance court forms.

As part of the Strategy, the Legal Aid Board has provided training to its staff and those of the Courts Service to inform members of the public on mediation and the services available.  It also provides a private panel of family mediators to supplement the vital work of the Family Mediation Service.  

In 2022, the Legal Aid Board introduced an Advanced Family Mediation Trainee Programme to train mediators to work in the family mediation area and to meet the current eligibility criteria to apply for a position as a family mediator in the Legal Aid Board. Entry to the training was via a recruitment competition, which was advertised nationwide.  Nine trainees completed this programme in 2023.

My Department engages with stakeholders an ongoing basis on the issue of family justice reform and examines all submissions  received including those received recently from Safe Ireland. Officials of my Department have previously met with Safe Ireland to discuss issues relating to the Family Courts Bill. Submissions received on the Family Courts Bill are being considered, and any amendments found to be necessary and appropriate will be introduced. 

Ukraine War

Questions (167)

Richard Boyd Barrett

Question:

167. Deputy Richard Boyd Barrett asked the Minister for Justice what options are available to a woman allowed into Ireland under the EU Ukraine Directive to have their mother and brother (who are from Gaza but are now in Cairo in an MSF facility) join them in Ireland; and if she will make a statement on the matter. [15772/24]

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Written answers

I am acutely aware of the grave humanitarian crisis in Gaza and my Department is working closely with colleagues in the Department of Foreign Affairs (DFA) to ensure a coordinated national response to this volatile and evolving situation. This includes their work to evacuate Irish citizens and their families who may require visa assistance. Where cases are highlighted by DFA for assistance the Visa Division processes them in as speedy and sympathetic manner as possible.

My Department is in regular contact with the Embassy of Ireland in Israel regarding a number of visa applications, from residents of Gaza, the West Bank and Lebanon. The Embassy are actively engaging with the applicants to gather the required documents to ensure that the Visa Division of this Department have everything needed progress these applications.

Citizens of the Palestinian National Authority are visa required and must have a valid Irish entry visa before they seek to enter the State.

Any visa required national that wishes to enter the State, and remain, for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa.

Any person that wishes to make a visa application must do so online at:

www.visas.inis.gov.ie/avats/OnlineHome.aspx.

Further information in relation to the making of a visa application for permission to travel to Ireland can be found on the Department’s immigration website at:

www.irishimmigration.ie.

Coroners Service

Questions (168)

Peadar Tóibín

Question:

168. Deputy Peadar Tóibín asked the Minister for Justice the complaints procedure that exists in relation to the role of coroners; if a procedure is not in existence, if she would consider introducing one; and if she will make a statement on the matter. [15786/24]

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Written answers

Coroners are independent office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued. Neither I, nor my Department have any role in the coronial function.

Currently, there is no established complaint procedure in respect of the Coronial function.  A person who is dissatisfied with a decision of a Coroner may, however, apply to the High Court for leave to apply for a Judicial Review (JR) of that decision. 

I would also like to draw the Deputy's attention to the Coroner Service website, which may provide further insight into the coronial death investigation function.

On 20 October 2023, I launched a wide-ranging consultation to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed on 19 January 2024.

The consultation provided an opportunity for members of the public, stakeholder groups and members of the Oireachtas to express their views, express observations and provide proposals on how the Coroner Service might be enhanced into the future.

I am pleased to say that there was a very high level of public engagement in the consultation process with approximately 250 submissions received across both surveys. Departmental officials are currently analysing the information gathered during the consultation process with a view to bring forward proposals for the reform the Coroner Service.

An Garda Síochána

Questions (169)

Aindrias Moynihan

Question:

169. Deputy Aindrias Moynihan asked the Minister for Justice how the Garda age extension announced in March 2024 will affect current serving members due to retire in the coming months; and if she will make a statement on the matter. [15798/24]

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Written answers

I can advise the Deputy that legislation extending the retirement age for Garda members lies within the remit of my colleague the Minister for Public Expenditure, NDP Delivery and Reform, and is being drafted by his Department. My Department is continuing to work in tandem on the additional legislative changes that will be required to enact this change for Garda Members.   

In the interim, the current legislative process requires that the Garda Commissioner must request the consent of the Minister to extend the age of retirement of a Garda member. It is a matter for the Garda Commissioner to make this request to extend retirement for a Garda Member.

I can also advise the Deputy that since 2020, my Department has processed over 150 requests from the Garda Commissioner to extend retirement age for Garda Members. My officials continue to process these applications as swiftly as possible.  

Departmental Reviews

Questions (170)

Carol Nolan

Question:

170. Deputy Carol Nolan asked the Minister for Justice to provide an update on the work of the Joint Review Group established by her Department and the Office of the Revenue Commissioners to examine the role of sheriffs, as currently constituted, in respect of State work; and if she will make a statement on the matter. [15866/24]

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Written answers

As the Deputy may be aware, on the 20th of March, I published the Sheriff Review Group Report. 

The Joint Review Group, established by my Department and the Office of the Revenue Commissioners, focused on the future role of Sheriffs, and endeavoured to establish if the role currently operates in line with best international practice, or if there is a more efficient and cost effective system of debt collection. It was carried out by a group set up jointly with the Office of the Revenue Commissioners, under the chairmanship of a former Secretary General of the Department of Justice. 

The Review group comprised representatives from the Office of the Revenue Commissioners, the Courts Service, the Departments of Justice, Housing and Finance and an external representative from the Insolvency Service of Ireland (ISI). 

The Review Group noted that overall debt recovery rates appear to be high by international standards. Recovery data, involving significant amounts, indicates that the sheriff service is not only effective in practice but also efficient in the way it operates.

The report identifies five key areas of focus and sets out 27 recommendations to support the continuation of the office of Sheriff into the future. A plan is currently being advanced to support the implementation of these recommendations.

The Sheriff Review Group Report can be found at: www.gov.ie/en/publication/10630-report-of-the-sheriff-review-group.

EU Bodies

Questions (171)

Carol Nolan

Question:

171. Deputy Carol Nolan asked the Minister for Justice the number of times Ireland has been invited to participate at the Frontex Management Board in a non-voting capacity; the number of times Ireland has asked to participate in training and joint operations co-ordinated by Frontex on behalf of EU Member States; to provide details with respect to Ireland’s participation in areas such as the use of IT systems, escort leaders in return operations, escort officers in return operations and detection of false documents; and if she will make a statement on the matter. [15867/24]

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Written answers

As an EU Member State, Ireland is invited to participate at the Frontex Management Board in a non-voting capacity and can, should it wish to do so, seek to participate in certain training and joint operations co-ordinated by Frontex on behalf of EU Member States.  Frontex Management Board meetings are held five times a year and Ireland is represented at these meetings by a member of the Garda National Immigration Bureau.

Frontex facilitates training and joint operations across EU Member States, and Ireland participates in training in areas such as the use of IT systems, escort leaders in return operations, escort officers in return operations and detection of false documents. These courses seek to establish a standardisation of processes, and Ireland’s participation ensures that it is in a position to maintain or exceed these standards in both national and joint operations. It is in the interests of all policing organisations to maintain an awareness of new developments and international best practice and to be outward looking in seeking to avail themselves of such opportunities.

Ireland also assists Frontex in the delivery of such training, and occasionally sends trained personnel from the Garda National Immigration Bureau to delivery training to other Member States.  

Legislative Measures

Questions (172, 173, 174)

Brendan Griffin

Question:

172. Deputy Brendan Griffin asked the Minister for Justice the reason the proposed Gambling Regulation Bill 2022 imposes maximum stakes limits and prize-winning limits on certain games including bingo, local lotteries and charity fundraisers, but no such restrictions will apply to general sports betting; and if she will make a statement on the matter. [15888/24]

View answer

Brendan Griffin

Question:

173. Deputy Brendan Griffin asked the Minister for Justice the reason schedule 2 of the Gambling Regulation Bill 2022, which provides for certain limits and restrictions, is necessary when the proposed legislation will allow the gambling regulator the powers to amend these limits, and if it would be more appropriate that the said regulator should set any limits or restrictions; and if she will make a statement on the matter. [15889/24]

View answer

Brendan Griffin

Question:

174. Deputy Brendan Griffin asked the Minister for Justice if she is satisfied that Government policy is consistent and coherent in relation to the proposed ban on certain forms of gambling advertising when no such ban will apply to the advertising of National Lottery games; and if she will make a statement on the matter. [15890/24]

View answer

Written answers

I propose to take Questions Nos. 172 to 174, inclusive, together.

Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department.

The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities.

The maximum stake and prize limits for each of the activities permitted under a gambling licence are set out in Schedule 2 to the Bill, and these amounts may be varied by the Authority by regulations following consultation with the Minister. These maximum stake and prize limits are a direct continuation of the existing policy and regulatory measures, albeit modernised, provided for in the Gaming and Lotteries Act 1956, as amended in 2019. 

The current licensing framework is reflective of the nature of gambling in Ireland, which largely centres on betting, gaming and lotteries. With this in mind, the Deputy will appreciate that sports betting is, by its nature, different to gambling in the form of gaming and lotteries.

In this context, there are no maximum stake and prize limits provided in respect of betting under the Betting Act 1931, nor have any been introduced in subsequent legislation up to the most recent – the Betting (Amendment) Act 2015. As such, the Bill provides for a continuation of the established policy in respect of betting as a gambling activity.  

The National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform and will therefore not fall under the remit of the Gambling Regulatory Authority of Ireland.

The operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is regulated by its own dedicated regulator – the Regulator of the National Lottery.

Question No. 173 answered with Question No. 172.
Question No. 174 answered with Question No. 172.

Agriculture Schemes

Questions (175)

Robert Troy

Question:

175. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he will expedite an application for the 2024 horticulture grant scheme (details supplied). [15753/24]

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Written answers

The 2024 Scheme of Investment Aid for the Development of the Commercial Horticulture Sector opened for applications on 08 November 2023 and closed on 10 January 2024. The Scheme which has a budget of €10 million in 2024 is intended to assist in the development of the horticulture sector, including beekeeping, by grant aiding capital investments in specialised plant and equipment. All applications under the Scheme have now been assessed and applicants are currently being notified of the outcome of their application. It is expected that this process will be completed by mid April 2024.

Forestry Sector

Questions (176)

Charles Flanagan

Question:

176. Deputy Charles Flanagan asked the Minister for Agriculture, Food and the Marine if he is aware that the entirely insufficient rate of forestry planting in recent years will result in a severe deficit of native timber supply for house construction and other environmentally friendly purposes in the medium term; if he will acknowledge that additional timber imports will be required for many years to supplement the reduced Irish supply; if he will outline his proposals to significantly expand forestry planting as a matter of national urgency; and if he will make a statement on the matter. [15926/24]

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Written answers

Ireland's existing forest estate is an important and expanding supply of timber for the construction sector with significant amounts of timber exported to the UK and abroad. The recent COFORD "All Island Roundwood Production Forecast" predicts that the annual potential supply of roundwood timber will increase from around 5.6 million in 2023 to 7.9 million cubic metres by 2025. This supply of home grown timber has the potential to play a significant role in the construction of houses in Ireland. My Department has also established a new Timber in Construction Steering Group which is focusing on providing more opportunities to use more of our home grown timber in construction. This group has a number of areas they are examining such as regulations and standards, including markets and procurement.

The new €1.3 billion funded Forestry Programme 2023-2027 will provide significant funding to implement Ireland's new Forest Strategy which was published last year. The Forest Strategy places a strong emphasis on the importance of wood and its role in locking up carbon.

The Forestry Programme includes an annual afforestation target of Ireland's and contains a number of attractive forest establishment options. A number of forest establishment measures highlight the importance of conifers for timber production and these forests will further add to projected timber supply in the coming years. Broadleaved forests will take longer to mature, but will too provide valuable hardwood for use in construction in the future.

I am committed to working with all stakeholders to achieve our targets in a sustainable manner to provide lasting benefits.

Agriculture Schemes

Questions (177)

Claire Kerrane

Question:

177. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the reason farmers participating in the organic farm scheme cannot draw down the maximum organic payment entitlement for the entire area of their farm in cases where they are also participating on ACRES and in turn can only receive the lower payment rate; if this was outlined in the terms and conditions in either ACRES or the organic farm scheme; and if he will make a statement on the matter. [15953/24]

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Written answers

Both the Organic Farming Scheme (OFS) and ACRES terms and conditions advise that farmers may participate in both schemes, but for certain actions payment will be foregone in OFS in order to avoid double funding.

As per the ACRES terms and conditions: “Organic Farmers can apply for the ACRES General approach under Tier 1 provided they are registered with, and approved as, an organic operator by one of the Organic Control Bodies by the closing date for applications under the relevant Tranche of ACRES. Where there is risk of double-funding, the payment under the Organic Farming Scheme will be reduced accordingly to avoid a double-funding situation”.

As per the Organic Farming Scheme terms and conditions: “farmers participating in ACRES may also participate in, and draw down payment under, OFS, but may not claim payment in OFS for certain ACRES actions (see Annex 6 & 7 for list of OFS payments allowable on ACRES actions).” This was also highlighted at the information sessions that took place around the country in the lead-up to the implementation of the new CAP Strategic Plan.

Health Service Executive

Questions (178)

Brendan Griffin

Question:

178. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth when a child (details supplied) in County Kerry will be called for an appointment; and if he will make a statement on the matter. [15804/24]

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.

Departmental Schemes

Questions (179)

Paul Murphy

Question:

179. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth whether he will give a commitment that funding will be maintained for therapeutic interventions for survivors of abuse at an institution (details supplied), regardless of the institution's financial situation. [15809/24]

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Written answers

In March 2023, St John Ambulance Ireland published a 'Response Document' in relation to implementing all of the recommendations contained in Dr. Shannon's Independent Review report into the handling of allegations of abuse by the organisation. 

Recommendation 2 of this report relates to Therapeutic Support for those who are victim survivors of this abuse. St John Ambulance Ireland has outlined in it's response document that it is "committed to ensuring that assists and provides support to all victim survivors".

As stated in the response document, "Counselling is available through recognised providers One in Four and My Mind. The initial arrangement was for one consultation followed by six counselling sessions but SJAI is committed to supporting the number of therapy sessions deemed appropriate by the Counsellor involved without any upper limit.

Health Strategies

Questions (180)

Pauline Tully

Question:

180. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth in respect to the HSE National Service Plan 2023 which places the projected outturn 2022 for the number of people with a disability in receipt of respite services ID/autism and physical and sensory disability at 5,170 if this figure accounts for both adults and children (details supplied). [15815/24]

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.

Legislative Programme

Questions (181)

Seán Sherlock

Question:

181. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth what engagement he has had with the Taoiseach on providing direct supports for childminders in the home and what stage the legislation is at to ensure that pledge by the Taoiseach. [15868/24]

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Written answers

The National Action Plan for Childminding 2021-2028 commits to extending regulation and supports to all paid, non-relative childminders who work in their own homes. The National Action Plan sets out a phased approach to regulation with a preparatory phase followed by an extended transition period, to allow childminders lead-in time for any requirements. This supportive, phased process aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for this reform.

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.

Phase 1 will be completed when the exemption to registration has been removed from the Child Care Act 1991 and the new childminder-specific regulations have been commenced.

The General Scheme and Heads of Bill of the Child Care (Amendment) Bill 2023 were published in April 2023. The Bill was on the “priority publication” list for the Spring session of the Oireachtas 2024 and it is expected it will be on the ‘priority publication’ list for the Summer 2024 session. The Bill, which amends the Child Care Act 1991, deals with a number of reforms including the removal of the exemption of childminders, allowing for the extension of regulation and supports to all paid, non-relative childminders.

The Department is currently engaging intensively with the Office of Parliamentary Counsel on the priority drafting of the Bill.

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.

Mental Health Services

Questions (182)

Mark Ward

Question:

182. Deputy Mark Ward asked the Minister for Health his views on the review of a patient (details supplied); if the CAMHS team had a failure of duty of care to this individual; if consent was needed from the parents for their son to go on medication; if this was received; and if he will make a statement on the matter. [15754/24]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Dental Services

Questions (183)

Michael Healy-Rae

Question:

183. Deputy Michael Healy-Rae asked the Minister for Health the average waiting time that children have to wait through their teenage years to receive their free treatment for orthodontic problems following on from being assessed from when they are in the national schools; and if he will make a statement on the matter. [15767/24]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.

Food Labelling

Questions (184)

Holly Cairns

Question:

184. Deputy Holly Cairns asked the Minister for Health to outline the current requirements for companies to label certain food products as choking hazards for children under five years; if his Department has considered introducing standardised labelling requirements for such products; and if his Department has engagement with the EU on same; and if he will make a statement on the matter. [15769/24]

View answer

Written answers

There is no specific piece of legislation in European food law governing the labelling of foodstuffs for specific population groups in relation to choking hazards, nor has this matter been discussed at EU level.

Choking caused by consuming a food product has the potential to cause an adverse health effect, and as such Regulation (EC) 178/2002, Article 14 on ‘Food safety requirements’ , states that:

1. Food shall not be placed on the market if it is unsafe.

2. Food shall be deemed to be unsafe if it is considered to be (a) injurious to health or (b) unfit for human consumption.

3. In determining whether any food is unsafe, regard shall be had: […] (b) to the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods.

In Ireland, when a possible choking risk is identified related to food, the Food Safety Authority of Ireland (FSAI) will take action under Regulation (EC) No 178/2002 (unsafe food) where deemed necessary to protect consumers.

The most recent alert FSAI issued for a choking hazard was published on 12th October 2023. Details of the incident are as follows:

• The alert was issued following a Rapid Alert System for Food & Feed (webgate.ec.europa.eu/irasff/notification/view/637995) notification from The Netherlands, who initiated a product recall on the basis of Article 14 of Regulation (EC) 178/2002.

• The information provided by The Netherlands stated that ‘The rolling ball of the candy may come loose, posing a choking hazard’.

• 5.04 kgs of the product were distributed to two Irish food businesses so the risk management decision was that a food alert be issued to protect consumer health.

In addition, the HSE provides advice, on what foods are not safe for any child under the age of five, due to food chocking risks. This advice has been widely shared via various appropriate media platforms and is assessable on the HSE's webpage.

www2.hse.ie/babies-children/child-safety/choking-strangulation-suffocation/food-choking-risks/

Primary Care Centres

Questions (185)

Michael Ring

Question:

185. Deputy Michael Ring asked the Minister for Health to provide details on all the engagements between the HSE and any of the developers or corporate bodies who have been involved in the construction of a project (details supplied) including correspondence sent or received, messages sent or received, phone calls made or received, meetings held or other interactions; the details of the names of the corporate body or corporate bodies and/ or individuals involved; the dates of all these engagements; the nature of these engagements; the details covered in each of these engagements, in tabular form; and if he will make a statement on the matter. [15770/24]

View answer

Written answers

As the Health Service Executive (HSE) holds responsibility for the provision, along with the maintenance and operation of Primary Care Centres, I have asked the HSE to respond to the Deputy directly, as soon as possible.

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