Written Answers Nos. 86-100
86. Deputy Kieran O'Donnell asked the Minister for Foreign Affairs the status of the commitment in the programme for Government to hold a referendum on extending the franchise at presidential elections to Irish citizens living outside the State. [38896/20]
Amharc ar fhreagraThe Government is committed to holding a referendum on extending the franchise at Presidential elections to Irish citizens living outside the State.
We have restored the Thirty-Ninth Amendment of the Constitution (Presidential Elections) Bill to the Dáil Order Paper.
The date for the holding of the referendum will be decided once the legislation has been approved by the Oireachtas.
87. Deputy Chris Andrews asked the Minister for Foreign Affairs if he will address a series of matters regarding the Moldovan presidential election on 15 November 2020 (details supplied); and if he will make a statement on the matter. [38932/20]
Amharc ar fhreagraMany countries allow for their citizens resident overseas to vote in national elections. In most cases, voting is facilitated by the country’s network of diplomatic Missions, with Embassies operating polling stations. My Department is responsible for liaising between Embassies based in Ireland and the relevant Irish authorities when an Embassy wishes to operate a polling station in Ireland. On average my Department will receive ten or more requests a year to facilitate the operation of polling stations by foreign Embassies.
In the context of the Covid-19 pandemic, and following consultations with the Department of Health, my Department instituted a number of additional requirements to ensure that public health measures were adhered to where an Embassy wished to operate a polling station. In particular, Embassies were asked to investigate the option of allowing postal or remote voting, where that was legally and constitutionally possible.
My Department was first notified in June by the Embassy of the Republic of Moldova of its intention to operate polling stations to allow Moldovan citizens in Ireland to vote in the Moldovan Presidential elections in November. Following confirmation that it was not legally possible to facilitate postal voting, officials from my Department engaged intensively with the Embassy to ensure that polling would be carried out in compliance with public health guidelines.
With the move to Level 5 of The Framework for Restrictive Measures in Response to COVID-19 on 22 October, and following further consultation with the Department of Health, the Embassy was requested to put a number of additional public health measures in place to ensure that voting could be carried out in a safe manner.
Under the regulations governing Level 5 restrictions, in particular Statutory Instrument 448/2020, provision is made to allow for those engaged in providing, or accessing, essential services to move outside the 5km limit. The list of essential services includes “The provision of services essential to the functioning of diplomatic missions and consular posts in the State”. The Department of Foreign Affairs considers the operation of a polling station by a diplomatic Mission to allow its citizens to vote to be a service essential to the functioning of a diplomatic Mission in the State.
Polling stations were set up at the RDS by the Embassy of the Republic of Moldova for the Moldovan Presidential elections, which were held on Sunday 15 November. Following written confirmation from the Embassy of its ability to adhere to public health measures, my Department confirmed that Moldovan citizens who were eligible to vote were permitted to travel outside the 5km limit for the express purpose of accessing the polling stations. Voters travelling to the polling stations had to be in a position to present evidence of their entitlement to vote. The Moldovan diaspora made up approximately 15% of the total numbers voting in the Presidential elections, with polling taking place in a number of countries across Europe.
88. Deputy Éamon Ó Cuív asked the Minister for Foreign Affairs the reason the processing of foreign births registration is currently suspended; when it is likely that the processing of applications will recommence; and if he will make a statement on the matter. [38900/20]
Amharc ar fhreagraThe Passport Service has paused the processing of Foreign Births Registration (FBR) applications as Ireland is at Level 5 of the National Framework for Living with COVID-19.
Applications that have been sent to the FBR team are being held securely and will be processed when normal services resume at Level 3. Foreign Births Registration, by its nature, can be a detailed and complex process, often involving official documentation related to three generations and issued by several jurisdictions. The expected processing time for FBR applications is between 12 and 18 months.
89. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the process to be followed to obtain an Irish passport by a person (details supplied); and if he will make a statement on the matter. [39017/20]
Amharc ar fhreagraAll passport applications are subject to the provisions of the Passports Act 2008. The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to him/her. In order to meet this requirement, each person must demonstrate an entitlement to Irish citizenship by providing acceptable documentary evidence of this entitlement.
Entitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956, as amended, under which Irish citizenship may be obtained by birth, by descent, or by naturalisation.
An individual born on the island of Ireland before 2005 is automatically an Irish citizen. For individuals born outside of Ireland, they may claim citizenship if they had at least one parent who was born in the island of Ireland before 2005.
Individuals born outside of Ireland can also claim citizenship through a parent who was not born in Ireland but was an Irish citizen at the time of the individual's birth, or through a grandparent born in Ireland. Individuals who wish to claim citizenship through these means must have his/her birth entered on the Foreign Births Register (FBR). Citizenship commences after inclusion on the FBR. Further details regarding the process can be consulted at the Passport Service's website.
There are no provisions for the spouse or partner of an Irish citizen to acquire Irish citizenship solely by virtue of marriage or civil partnership. Post nuptial citizenship was repealed with effect from 30 November 2005. There is no provision to apply for post nuptial citizenship retrospectively.
An individual may apply for Irish citizenship through naturalisation. Minimum residency terms must be satisfied before an individual is eligible for citizenship through naturalisation. The Department of Justice is responsible for citizenship matters, including applications for naturalisation.
90. Deputy Mairéad Farrell asked the Minister for Foreign Affairs if his Department and any commercial or non-commercial State bodies and private entities subsidised by 50% or more of public funding under the aegis of his Department have implemented social clauses in their public procurement contracts in the past three years (details supplied); and if so, the nature of these social clauses. [39049/20]
Amharc ar fhreagraMy Department operates in a number of locations in Ireland and approximately 90 locations worldwide. It comprises two Votes; Vote 27 International Cooperation and Vote 28 Foreign Affairs.
The Department ensures that there is an appropriate focus on good practice in procurement and that procedures are in place to ensure compliance with all relevant procurement guidelines. Procurement takes place in compliance with Directive 2014/24/EU and supported by Procurement Guidelines published by the Office of Government Procurement (OGP).
These rules require the Department to award contracts under procedures designed to achieve value for public money in an open, transparent and non-discriminatory competitive process.
The Department, as a contracting authority, recognises that public procurement can be used to promote wider social considerations. The general position from a procurement perspective is that social criteria can be included in the procurement process provided that they are linked to the subject matter of the contract and are contract specific.
The range of policy areas that come under social considerations include, for example environment sustainability, disability access, good employment practices, training for young or disadvantaged people.
I recognise that social clauses are most effectively utilised in large-scale works contracts as opposed to contracts for goods and services. The majority of the Departments procurement contracts are with small firms or individuals providing professional, consultancy and general services. However, procurement contracts in the Department for general services and ICT managed services requires contractors, as employers, to be fully compliant with labour rules, collective agreements and the EU Employment Directives. Tenderers are excluded from competition if they fail to meet the required social criteria.
Other examples of social considerations in the Departments procurement contracts under environment sustainability is the introduction of solar panel energy to a number of our Embassies abroad with further projects planned and the introduction of product specifications for the purchase of hybrid motor vehicles.
The Department will proceed to implement social clauses in its procurement contracts in a targeted manner in compliance with the 2019 OGP Guidance Note and the EU Procurement Directive.
91. Deputy Pádraig Mac Lochlainn asked the Minister for Foreign Affairs the steps he is taking as a long-time development partner of the regional government in Tigray, Ethiopia, to help broker a ceasefire and to ensure safe passage for humanitarian aid in the face of escalating military conflict and humanitarian disaster. [39072/20]
Amharc ar fhreagra92. Deputy Pádraig Mac Lochlainn asked the Minister for Foreign Affairs the position of Ireland as a forthcoming member of the UN Security Council on the current military assault by the Ethiopian Government against the regional state of Tigray and its continuing refusal to negotiate with the Tigray regional government in the face of mounting loss of life and an escalating humanitarian emergency. [39073/20]
Amharc ar fhreagra93. Deputy Pádraig Mac Lochlainn asked the Minister for Foreign Affairs the actions Ireland is taking in response to the escalating humanitarian emergency and military conflict in Tigray regional state in Ethiopia. [39074/20]
Amharc ar fhreagraI propose to take Questions Nos. 91 to 93, inclusive, together.
I am deeply concerned by the recent outbreak of armed conflict between the Federal Government of Ethiopia and the regional authorities in Tigray and by reports of atrocities and targeting of ethnic groups. There are credible allegations of mass casualties, including civilian casualties, and of human rights abuses. There is a grave risk of a humanitarian crisis. Tigray is home to many refugees, displaced persons and local communities already coping with the stresses of the COVID-19 pandemic. If not contained, this conflict could threaten the stability of Ethiopia, Africa’s second most populous country, and have serious regional implications for the wider Horn of Africa, one of the continent’s most fragile regions.
Ireland is actively supporting the efforts of the EU and wider international community to de-escalate the situation, including through engagement with the African Union which has appointed three Special Envoys. Minister Coveney has called for an immediate cessation of hostilities, and the commencement of a national dialogue to de-escalate tensions. Minister Coveney has also condemned the reported atrocities and identity-based attacks. It is essential to ensure that the human rights of all Ethiopians are upheld. I am gravely concerned by reports that Ethiopia’s federal military has said civilians should protect themselves from heavy artillery, in advance of a planned assault against the regional capital. I urge all parties to the conflict to respect international humanitarian law.
The situation in Ethiopia was raised by HRVP Borrell at a meeting of EU Foreign Ministers on 19 November. Minister Coveney intervened calling for continued EU efforts to push for a resolution of the crisis, and stressed the need to act fast and collectively to call for unconditional, unrestricted access for humanitarian actors to affected areas.
Ireland’s Embassy in Addis Ababa is engaging closely with other EU Heads of Mission, the UN and other members of the international community in monitoring, reporting and advocating on the situation and in preparing for an emergency humanitarian response.
Ireland’s largest bilateral development cooperation programme is in Ethiopia. The Embassy of Ireland is in the process of providing €416,000 to the humanitarian response in Tigray, along with a projected €500,000 to support refugees in Eastern Sudan. My Department is actively looking at ways to address other critical funding needs in light of the escalating humanitarian situation.
In the context of our upcoming tenure on the UN Security Council, Ireland will continue to monitor the situation in Ethiopia closely and will continue to advocate for a peaceful resolution to the current conflict.
94. Deputy Mairéad Farrell asked the Minister for Defence if his Department and any commercial or non-commercial State bodies and private entities subsidised by 50% or more of public funding under the aegis of his Department have implemented social clauses in their public procurement contracts in the past three years (details supplied); and if so, the nature of these social clauses. [39044/20]
Amharc ar fhreagraThe procurement of goods, services and works in my Department and by the Defence Forces is carried out in accordance with public procurement policies and national and European laws. Procurement procedures are kept under constant review to ensure that they are line with best practice, guidance and the legal framework. This includes the incorporation of social clauses into public procurement contracts where applicable.
I am advised that a variety of social considerations are included in public procurement contracts. Some of these arise as a result of statutory requirements, such as health and safety, equality, environmental and employment law. Public procurement contracts are reviewed on a case by case basis to ensure compliance with all applicable obligations in the fields of environmental, social and labour law applying under national and EU law as well as various international conventions on social, environmental and labour law matters.
I am assured that there are processes in place to support good procurement practice, including the incorporation of social clauses in procurement contracts and to ensure that tender processes are carried out in an appropriate manner.
95. Deputy Pádraig O'Sullivan asked the Minister for Defence if he will examine the case of a person (details supplied) in terms of the non-application of fixed-period promotion provisions. [39181/20]
Amharc ar fhreagraDefence Force Regulations A15 provides for the terms of a Fixed Period Promotion to certain cohorts of Special Service Officers, including medical officers and engineers. There is no provision in the regulations for fixed period promotions for officers in the Defence Forces School of Music.
96. Deputy Róisín Shortall asked the Minister for Education the status of the Retention of Records Bill 2019; her Department's proposals to re-examine the proposed legislation; the way in which this legislation will deal with the case records and testimonies of those who gave statements to both the Ryan report and the redress board; and if she will make a statement on the matter. [38902/20]
Amharc ar fhreagraAs the Deputy will be aware, the main purpose of the Retention of Records Bill 2019 was to ensure the preservation of the records gathered by the Commission to Inquire into Child Abuse (CICA) and the Residential Institutions Redress Board (RIRB), which would, otherwise, in accordance with the relevant legislation, be required to be destroyed upon the winding up of those bodies. While the Bill lapsed with the dissolution of the last Dáil in January 2020, I remain committed to ensuring that these important records are preserved. However, I am also keenly aware that a number of survivors, and other stakeholders, have concerns about the Bill, in particular regarding the proposal that the records concerned be sealed for a period of 75 years. My Department is examining how best to address the concerns of stakeholders while also respecting the constitutional rights of all concerned.
97. Deputy Paul McAuliffe asked the Minister for Education if the refusal by a school of an application for assistive technology by a student (details supplied) will be reviewed. [38940/20]
Amharc ar fhreagraThe National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from schools for special educational needs supports, including applications for assistive technology. SENOs then make recommendations to my Department. Therefore, I have referred the query in relation to this application to the NCSE for direct reply to the Deputy.
The NCSE operates within my Department's criteria in making recommendations for support, as set out in Circular 0010/2013 which is published on my Department’s website. https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0010_2013.pdf
In order to qualify for equipment under the assistive technology scheme, a child must have been diagnosed with a physical or communicative disability and must also have a recommendation in a professional assessment that the equipment is essential in order to allow the child to access the curriculum. It must also be clear that the existing I.T. equipment in the school is insufficient to meet the child's needs.
It is open to the school to appeal this decision. The appeals process is outlined on my Department’s website at the following link: https://www.education.ie/en/Schools-Colleges/Services/Grants-and-Additional-Support/Assistive-Technology-Grant/.
Separately, where an appeal has been unsuccessful, but new information becomes available, it is open to the school to submit a new application to the SENO for consideration.
98. Deputy Neasa Hourigan asked the Minister for Education the grants and supports available for the installation of electric vehicle charging points in school car parks; and if she will make a statement on the matter. [38943/20]
Amharc ar fhreagraIt is proposed to include for the new Electric Vehicle Charging (EVC) guidance in the 2nd Edition TGD 033 School Building Projects and Compliance with Part L of the Building Regulations 2017.
The TGD will include a section for school Boards of Management on what is involved in managing electric charging points and cost recovery, etc. The system provision will be based on EVC for school staff; it will be a matter for the school management to consider if they can facilitate public access to these chargers.
Publication of the final Part L and Building Regulations TGD L 2020 has been delayed. Implementation dates will be provided in these documents when published.
99. Deputy Denis Naughten asked the Minister for Education the policy on mental health support services in primary education; and if she will make a statement on the matter. [38991/20]
Amharc ar fhreagra100. Deputy Denis Naughten asked the Minister for Education the policy on mental health support services in post-primary education; and if she will make a statement on the matter. [38992/20]
Amharc ar fhreagraI propose to take Questions Nos. 99 and 100 together.
While the provision of child and adolescent mental health services lies within the remit of the Department of Health, and the HSE specifically, my Department has an important role to play in supporting the wellbeing and mental health of our young people. My Department’s Wellbeing Policy and Framework for practice has given recognition to the importance of promoting wellbeing in education. It outlines a comprehensive, whole-school approach to the promotion of wellbeing and positive mental health. It focuses on the whole school community, as well as groups and individual young people with identified needs.
The National Educational Psychological Service (NEPS) of my Department provides a comprehensive, school-based psychological service to all primary and post primary schools through the application of psychological theory and practice to support the wellbeing, academic, social and emotional development of all learners. NEPS provides a casework service to schools through the assigned NEPS psychologist, or sometimes, temporarily, via the Scheme for the Commissioning of Psychological assessments – SCPA. Individual casework service involves a high level of psychologist collaboration with teachers and parents, often also working directly with the child/young person. NEPS may become involved with supporting individual students where the school’s SET team or Student Support Team (in post-primary) feels that the involvement of the psychologist is needed. Psychologists may provide consultation in relation to appropriate therapeutic interventions to be delivered in the school setting and engage in direct work with an individual student as appropriate. This year due to Covid19 some elements of casework service is modified to ensure compliance with public health and your school’s safety measures.
In the event that the need for a more targeted counselling or a specialised intervention is identified by the NEPS psychologist, a referral is made to an outside agency for evaluation and ongoing support. The NEPS psychologist can identify the most appropriate referral pathway and supports school with the onward referral to Child and Adolescent Mental Health Team (CAMHS), HSE Primary Care/Community Psychology teams, or an identified local community based specialist mental health service.
In addition to casework NEPS psychologists work with teachers to build their capacity. NEPS teams offer training and guidance for teachers in the provision of universal and targeted evidence-informed approaches and early intervention to promote children’s wellbeing, social, emotional and academic development. Initiatives such as the Incredible Years Social Emotional learning Programmes and the FRIENDS Resilience Programmes have been welcomed by schools and their impact positively evaluated.
Also at post primary level, counselling is a key part of the role of the Guidance Counsellor, offered on an individual or group basis as part of a developmental learning process, at moments of personal crisis but also at key transition points. The Guidance Counsellor also identifies and supports the referral of students to external counselling agencies and professionals, as required. The Guidance Counsellor is key in developing and implementing innovative approaches to wellbeing promotion on a whole schools basis though the school’s Guidance Plan. Each post primary school currently receives an allocation in respect of guidance provision, calculated by reference to the approved enrolment.
My Department works closely with the Department of Health and will be represented on the newly established National Implementation Monitoring Committee which will drive and oversee the implementation of the recommendations of the Sharing the Vision – a Mental Health Policy for Everyone.
The curriculum also plays an important role in teaching students about managing their wellbeing. All students commencing Junior Cycle from September 2017 onwards undertake the area of learning called Wellbeing. Wellbeing crosses the three years of Junior Cycle and builds on substantial work already taking place in schools in support of students’ wellbeing. When planning a Wellbeing Programme schools should consider the NCCA developed short courses in PE, SPHE, and CSPE. In particular the SPHE short course Strand 4: My Mental Health focuses on building positive mental health, examining young people’s experience of mental ill health and learning how to support themselves and others in challenging times. These are the result of widespread consultation with education partners to ensure that the courses address important, relevant and meaningful learning for young people in these subjects. Wellbeing is one of the principles that underpins Junior Cycle education and is reflected in a number of the statements of learning that are central to planning for the student’s experience of and the evaluation of the schools Junior Cycle programme. At primary level SPHE is mandatory SPHE supports the personal development, health and well-being of young people and helps them create and maintain supportive relationships.
