John McGuinness
Ceist:242. Deputy John McGuinness asked the Minister for Social Protection if disability benefit will be approved as a matter of urgency for a person (details supplied). [40959/20]
Amharc ar fhreagraSocial Welfare Benefits
Ceisteanna (242)
Freagraí scríofa
I confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 17 September 2020.
The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.
The application has been referred to a Social Welfare Inspector (SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report, a decision will be made on the application and the person concerned will be notified directly of the outcome.
I trust this clarifies the matter for the Deputy.
Disability Support Services
Ceisteanna (243)
Neale Richmond
Ceist:243. Deputy Neale Richmond asked the Minister for Social Protection the breakdown of allocations for each programme under her Department’s expenditure estimate for 2021 sub-heading A.29 – Disability Activation Supports Allocation €13,660,000 in tabular form; the reason there is a reduction in the budgeted allocation from 2020; and if she will make a statement on the matter. [40985/20]
Amharc ar fhreagraFreagraí scríofa
The table below gives a breakdown of the estimate of expenditure for 2021 sub-head A.29 - Disability Activation Supports:
|
2021 Estimate of Expenditure - Disability Activation Support |
€000 |
|
1. Employability Service |
11,400 |
|
2. Ability |
1,760 |
|
3. Disability Employment Support Grants |
500 |
|
Total |
13,660 |
The Ability programme, sub-head A.29.2, is a three year programme which commenced in July 2018. The programme is due to conclude at the end June 2021. The reduction of €3.62 million in the estimate of expenditure reflects the programme concluding at the end of June 2021.
There is no reduction in allocation for the other programmes in sub-head A.29 - Disability Activation Support.
Exceptional Needs Payment
Ceisteanna (244)
Bernard Durkan
Ceist:244. Deputy Bernard J. Durkan asked the Minister for Social Protection if an enhanced exceptional needs payment will be made available in the case of a person (details supplied); and if she will make a statement on the matter. [41013/20]
Amharc ar fhreagraFreagraí scríofa
According to the records of my Department, the person concerned was awarded an Exceptional Needs Payment (ENP) on 10/03/2020 for €2,797 towards a ‘ kit out’ of her new accommodation. Since then the person concerned has made no further applications for an ENP.
Under the Supplementary Welfare Allowance scheme, my Department can make a single ENP to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. There is no automatic entitlement to this payment which is payable at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case, in order to ensure that payments target those most in need of assistance.
For the convenience of the person concerned, an ENP application pack has been issued. On receipt of the completed application form and any necessary supporting documentation, the application of the person concerned will be assessed and she will be advised of the outcome.
I trust this clarifies the matter.
Covid-19 Pandemic Unemployment Payment
Ceisteanna (245)
Róisín Shortall
Ceist:245. Deputy Róisín Shortall asked the Minister for Social Protection the maximum weekly rates of payments applying to the pandemic unemployment payment at various dates in 2021 further to her announcement of the extension of the deadline for new applicants to apply for the pandemic unemployment payment; and her plans to alter these rates or applicable dates. [41017/20]
Amharc ar fhreagraFreagraí scríofa
I secured Government approval, last week, to keep the Pandemic Unemployment Payment (PUP) scheme open to new applicants until the 31st March next year. Following a Government decision in September the scheme had been due to close for applications at the end of this year. The extension to the closing date will ensure workers are eligible to apply for the Pandemic Unemployment Payment again if they lose employment in the coming months if further Covid-19 restrictions have to be imposed.
PUP is currently payable at four different rates depending on an individual's prior earnings. It is payable at €203 per week where the prior average weekly earnings were under €200. For those with average weekly earnings of between €200 and €299.99, the PUP rate is €250. For those with average weekly earnings of between €300 and €399.99, the PUP rate is €300 while those with average weekly earnings of €400 or more qualify for a PUP rate of €350.
The Government will continue to keep all aspects of the PUP under review and decisions will be informed by the trajectory of the pandemic and the evolving public health situation.
I trust that this clarifies the position at this time.
Personal Public Service Numbers
Ceisteanna (246)
Michael Ring
Ceist:246. Deputy Michael Ring asked the Minister for Social Protection when a PPS number will issue to a person (details supplied) considering that their application was submitted in September 2020 and the delay is causing undue financial hardship with the deduction of emergency tax from their wages; and if she will make a statement on the matter. [41041/20]
Amharc ar fhreagraFreagraí scríofa
I can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the individual referred to by the Deputy. A letter issued to the individual on 30th November 2020 with details of the PPSN.
I trust this clarifies the matter for the Deputy.
Carer's Allowance
Ceisteanna (247)
Paul Murphy
Ceist:247. Deputy Paul Murphy asked the Minister for Social Protection if she will increase the rate of carer’s allowance to the full pandemic unemployment payment rate for the duration of the Covid-19 restrictions in recognition of the work of family carers especially during the Covid-19 restrictions; if she will instruct the HSE to redirect funding not spent on HSE respite services to the carers themselves to facilitate them getting respite care from private providers for those who have had reductions in HSE respite provision; and if she will make a statement on the matter. [41067/20]
Amharc ar fhreagraFreagraí scríofa
The Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.
The main income supports to carers provided by my Department are Carer’s Allowance, Carer’s Benefit and the Carer’s Support Grant. Combined spending on the above payments to carers in 2020 is expected to exceed €1.3 billion.
In responding to COVID-19, the Department has made special provisions for those who may be most vulnerable and negatively affected at this time, that is, those who have been diagnosed with COVID-19, have been medically certified to self-isolate and those who have lost their jobs as a result of the pandemic.
The Department has introduced the following short-term emergency payments - the COVID-19 Pandemic Unemployment Payment (PUP) and COVID-19 Enhanced Illness Benefit. Both of these temporary measures allow payments to be made with certain other social welfare payments including Carer’s Allowance or Carer’s Benefit. A carer whose work ceases as a result of COVID-19 and whose situation qualifies them for one of these payments will get them along with their current carer's income support whether Carer’s Allowance or Carer’s Benefit.
Despite the substantial extra financial demands due to the COVID-19 crisis, I announced that the Carer’s Support Grant would continue to be paid to carers this year at an estimated cost of over €237 million. This is a payment for carers throughout the State and is paid in June each year, not just to people in receipt of carers allowance but other carers who may not be dependent on State income supports. At the end of October 115,845 carers had received the grant in respect of 128,610 care recipients. In recognition of the vital role that carers provide in our society, the Carers Support Grant will increase by €150 next year. The new rate will be €1,850 – the highest ever rate at which it will have been paid since its introduction.
HSE respite services are not a matter for this Department and are proper to the Department of Health. The Deputy should raise this matter with my colleague, the Minister for Health.
Finally, any improvements or additions to the current carer's income supports provided by this Department can only be considered in a budgetary context and in the light of available financial resources.
I trust this clarifies the matter for the Deputy.
City and County Child Care Committees
Ceisteanna (248, 250)
Neale Richmond
Ceist:248. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth if his Department will make the necessary funding available for the implementation of the Workplace Relations Commission agreement of August 2019 between a union (details supplied) and city and county childcare committees involving CCC managers being regraded at local authority grade 8; and if he will make a statement on the matter. [40793/20]
Amharc ar fhreagra
James Lawless
Ceist:250. Deputy James Lawless asked the Minister for Children, Equality, Disability, Integration and Youth when his Department will make the necessary funding available for the implementation of the Workplace Relations Commission agreement of August 2019 between a union (details supplied) and city and county childcare committees. [40904/20]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 248 and 250 together.
Officials of my Department are currently reviewing the Workplace Relations Commission's consideration of the pay rates of the managers of the City and County Childcare Committees (CCCs).
The CCCs are one of the key support mechanisms of my Department, and I want to acknowledge the important role they play in providing vital support and guidance to early learning and care and school age childcare providers, and to parents. CCCs act as the local agent of my Department in the coordination and delivery of the national early education and childcare programmes and the implementation of Government policy at a local level, and in facilitating and supporting the development of quality, accessible ELC and SAC services for the overall benefit of children and their parents.
In 2005 the Minister for Finance sanctioned the rates payable to CCC managers as comparable tothe rates applicable in the Local Authorities for Grade 6. Officials from my Department have been engaging with representatives from the CCCs, including both manager and Board of Management representatives, in relation to a proposal for a review of the grading of CCC managers.
Officials from my Department will continue to engage with all parties on this matter as appropriate. It is important to note in this regard that although my Department provides annual funding to the CCCs in respect of all areas of expenditure, including salaries, it is not the employer of CCC staff, and these staff are not pubic sector employees.
Direct Provision System
Ceisteanna (249)
Peadar Tóibín
Ceist:249. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth his plans to open additional direct provision centres in the country; and the planned geographical location of such centres. [40885/20]
Amharc ar fhreagraFreagraí scríofa
The Deputy may be aware that I announced last week that a new accommodation centre will open in Letterkenny in January 2021. The accommodation consists of 60 apartments of 2 and 3 bedroom self-contained units, enabling residents to have own door accommodation.
The accommodation centre will initially become home for families who have been identified to move from existing emergency accommodation centres to the new centre.
Premises are sourced either through a full tender process which is administered through the Government’s Procurement Portal www.etenders.gov.ie or through responses to calls for expressions of interest, which are advertised in the national media. My Department is assisted with these tender projects by the Office of Government Procurement.
The tender process which commenced in late 2018, saw regional tender competitions being advertised, assessed and awarded. The competitions were held for the South East, Midlands, Mid-West, South-West, Mid-East, West, Dublin and the Border Regions.
All properties selected under the tender process must be able to meet the requirements of the National Standards for accommodation centres. Any tender for the provision of accommodation centre services must demonstrate that it will meet the requirements of the Standards. This requirement applies to the provision of new centres and to any renewal of a contract with a current provider.
The forthcoming White Paper of the future direction of the Direct Provision System will inform the type of accommodation that the Department will contract from 2021 onwards.
Question No. 250 answered with Question No. 248.
Child Protection
Ceisteanna (251)
Kathleen Funchion
Ceist:251. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the steps he has taken to address the high number of children in counties Carlow and Kilkenny without an allocated social worker; and if he will make a statement on the matter. [40792/20]
Amharc ar fhreagraFreagraí scríofa
Thank you Deputy for your question on the allocation of Social Workers to children awaiting a child protection assessment or where their social worker is no longer available to them.
In 2019, Tusla identified Carlow/Kilkenny/South Tipperary as one of Tulsa’s five areas needing rapid improvement. The area reduced its unallocated cases from 304 cases in January of this year to 205 cases in October indicating that progress is being made.
The Area has put in place safeguarding arrangements in relation to cases which are unallocated. These include:
- The waiting list is audited by management every eight weeks.
- New information that leads to a change in the risk rating of a case is followed up immediately.
- Where social workers are not available, social care workers may be allocated to the case.
- Appointment of a new post of Team Leader with responsibility for the unallocated cases.
In an emergency, or where a child is found to be at immediate risk, an immediate response is received. All children, including those on the Child Protection Notification System, who are deemed to be at risk of significant harm have an allocated social worker.
Cases that are not yet allocated a social worker are overseen by duty social work teams who re-prioritise cases as new information comes to light, and may have a social care worker allocated to work directly with the child while awaiting an assessment.
My Department is engaging with social work educators to increase the number of social work graduates as demand for this complex and challenging work increases.
The Carlow/Kilkenny/South Tipperary Area filled 13 social work posts in 2020 to date and is planning bespoke campaigns later this year and in 2021. Tusla is endeavouring to reduce the number of children without a social worker using all the resources available to support children in the community
Mother and Baby Homes Inquiries
Ceisteanna (252)
Jennifer Whitmore
Ceist:252. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the level of consultation his Department carried out with survivors before, during and after publication of the mother and baby homes report; the supports that will be provided to survivors; and if he will make a statement on the matter. [41066/20]
Amharc ar fhreagraFreagraí scríofa
The Commission of Investigation into Mother and Baby Homes and certain related Matters delivered its Final Report to me on 30th October. I signalled previously that there would be a short time interval between receipt of the report and the separate arrangements for its publication. As mentioned in earlier responses, I am continuing to work with Government colleagues to expedite matters so that the report can be published as soon as possible. It is essential that this is done in the right way with former residents being given the priority and support they deserve. Unfortunately, information which appeared in media last weekend was speculative and not accurate.
I have listened carefully to the views and concerns of the former residents and advocates that I have had the opportunity to engage with directly by telephone. Many have cautioned me on the heightened sensitivities of publication of a Report of this nature so close to Christmas. I am mindful too that the uncertainty around when they will be able to read the Report may add to the anxiety of some.
In recognition of the views of former residents, and in the hope of offering some reassurance, I have confirmed that I will bring a memorandum to Government in the week of the 11th January seeking approval to publish the Report. Former residents and their families were the first to be notified of the planned timeframe for publication of the Report.
Furthermore, I am committed to strong, ongoing engagement with key stakeholders once the report has been published and everyone has an opportunity to absorb the Commission's detailed analysis and findings. Former residents and their families are central to this process. It is their lived experiences which are reflected in this investigation so it is essential that they are central to decisions to be taken in advancing the State's response to these matters.
In terms of preparations to support former residents, my Department has a dedicated telephone information line available to any person seeking further information in relation to these issues. Relevant contact details are available on my Department's website. Contact details are also provided for the National Counselling Service and other supports for persons who feel they may need professional counselling services. Additional resources were made available to the Health Service Executive in 2020 to put in place dedicated and enhanced counselling and advocacy services for former residents of these institutions. My officials have liaised with the Department of Health and the National Counselling Service to ensure that available capacity is primed to respond to the anticipated increased demand for its services. Relevant contact details have been provided to former residents and their supporters on a number of occasions and this information will be communicated again when the report is being published.
Direct Provision System
Ceisteanna (253)
Pauline Tully
Ceist:253. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the inspection carried out in September 2020 of a direct provision centre (details supplied) by the International Protection Accommodation Service; the timeline for the publication of the report; the actions he will take regarding the findings of the inspection; and if he will make a statement on the matter. [40796/20]
Amharc ar fhreagraFreagraí scríofa
The Inspection process involves a site visit and follow up correspondence with centre management to alert the management company to any issues which need addressing.
The report of the inspection to the centre referred to by the Deputy has recently been completed and sent to the centre's management for comment prior to finalisation. I intend to review the report of the centre and engage with the International Protection Accommodation Service (IPAS) of my Department about its findings and any recommendations.
Only following acknowledgement and remediation (if necessary) from the management company is the full report and correspondence uploaded on the website. The report will be published shortly as are all such inspection reports.
The inspection reports can be found on www.ria.gov.ie.
Assisted Decision-Making
Ceisteanna (254)
Pauline Tully
Ceist:254. Deputy Pauline Tully asked the Minister for Children, Equality, Disability, Integration and Youth his views on the adequacy of 1,250 persons taken into wardship under the Lunacy Regulation Act 1871 although the Assisted Decision-Making (Capacity) Act was enacted in 2015; when the Assisted Decision-Making (Capacity) Act 2015 will be fully commenced; and if he will make a statement on the matter. [40797/20]
Amharc ar fhreagraFreagraí scríofa
The Government is committed to fully commencing the Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”). The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The existing wardship system will come to an end within three years of the commencement of that Act. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These preparations are being implemented under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.
My Department has, through the Estimates process, sought and received increased funding in 2021, bringing its budget to €5.8 million for the year, to allow the DSS to work towards the commencement of services in mid-2022. In the interim, my Department, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan that anticipates the commencement of DSS services in mid-2022. There are also critical dependencies for the DSS on other organisations, including, for example, the Courts Service, the HSE and the Department of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a coordinated approach to the implementation of this project. In tandem with this work, progress is also being made to finalise the amendments to the Assisted Decision-Making (Capacity) Act 2015 to streamline the processes envisaged under the 2015 Act and to support the DSS to become operational. It is not possible to indicate a precise date for the publication of the Bill at this point but I am pressing for publication of the Bill as soon as possible.
Data Protection
Ceisteanna (255)
Alan Kelly
Ceist:255. Deputy Alan Kelly asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has been the subject of an investigation by the Data Protection Commission from 2016 to date; the number of specific investigations underway or completed; the dates on which his Department was first notified of the investigation; the details of the investigation; the nature of the complaints; and if he will make a statement on the matter. [40805/20]
Amharc ar fhreagraFreagraí scríofa
I can confirm that my Department has been the subject of one investigation by the Data Protection Commission since 2016. This investigation was initiated by the Commission on 30 October 2019, and involved a complaint made to it by an individual. The individual alleged that the Department had unfairly processed their personal data by divulging that data to a body under the Department’s aegis. Following a series of communications, the complaint was deemed to be resolved on 8 April 2020.
My Department continues to engage with the Data Protection Commission on matters relating to the processing of personal data under its remit.
Direct Provision System
Ceisteanna (256)
Peadar Tóibín
Ceist:256. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth if his Department is planning to open accommodation for asylum seekers in Letterkenny, County Donegal; the number of asylum seekers the centre will accommodate; and if he will make a statement on the matter. [40887/20]
Amharc ar fhreagraFreagraí scríofa
I can confirm that as a result of a nationwide tendering process for accommodation for international protection applicants, my Department will open a new accommodation centre in Letterkenny, Co. Donegal in late January 2021.
The accommodation centre will initially become home for families who have been identified to move from existing emergency accommodation centres to the new centre. The accommodation consists of 60 apartments of 2 and 3 bedroom self-contained units, enabling residents to have own door accommodation. It will provide accommodation for up to 60 families, who will arrive on a phased basis and will facilitate independent living for the families.
it is expected that the allocation of families to the centre will not be finalised until mid-January. Therefore it is not possible to say at this juncture how many people will be accommodated at the centre when all units are allocated. The overall number of people at any centre accommodating families is determined by the makeup of each family and this naturally varies over the lifetime of any such centre.
The accommodation is in line with the National Standards for Accommodation Centres adopted in 2019 and which will come into effect in January 2021.
Rights of People with Disabilities
Ceisteanna (257)
Catherine Murphy
Ceist:257. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to participate in a United Nations election to fill vacancies on the disability committee (details supplied); if he will detail his engagements with this committee since taking office; and his plans to support and work with it going forward. [40981/20]
Amharc ar fhreagraFreagraí scríofa
The election of members to the United Nations Committee on the Rights of Persons with Disabilities is a matter for the Minister for Foreign Affairs, Simon Coveney, T.D.
I have not yet had any engagement with the UN Committee. However, Ireland is preparing its initial State Report to the Committee and that will be submitted shortly. As with other UN Conventions, the submission of the report will be followed by an appearance in front of the Committee to provide further information on how the Convention is being implemented here. There is no indication, as yet, of a date for that appearance.
Child Protection
Ceisteanna (258)
Bernard Durkan
Ceist:258. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which a comprehensive response has been made available in respect of children at risk who have been increasingly vulnerable during Covid-19; and if he will make a statement on the matter. [40991/20]
Amharc ar fhreagraFreagraí scríofa
I can advise the Deputy that Tusla, the Child and Family Agency, has throughout the Covid-19 pandemic continued to provide a service to children and families. As a critical service provider of essential frontline services for children and families, Tusla has been focused on ensuring continuity of supports and services while also balancing the needs and best interests of the child with public health advice to keep children, families and frontline staff as safe as possible during the pandemic.
Tusla determined that the three priority service areas within the organisation were:
- Child Protection (including Out of Hours Social Work Services)
- Children in Care (including parental access and court hearings)
- Domestic and Sexual Gender Based Violence services.
Referrals dropped off in the first few weeks but, following a media campaign at local and national level, referrals increased to near normal levels by end of summer.
A Crisis Management Team, established at senior management level within Tusla, and attended by my officials, ensured the rapid development and implementation of a range of initiatives to maintain service continuity. Initiatives included:
- Introduction of a Regulation for the recruitment of emergency foster carers for the period of the pandemic.
- Contributed to the development of associated practice guidance (with Tusla) for the emergency regulations
Tusla's National Child Care Information System (NCCIS) allowed social work staff to seamlessly transition to working remotely and provide a full remote service, including management and social work supervision, care planning and child protection work. All urgent and immediate child protection work, and all children on the Child Protection Notification System had a full social work service and social workers facilitated contact and access for children in care.
Tusla carried out local and national media campaigns to educate the public about the continuity of Tusla's essential services, including the intake and management of referrals, and child protection work.
In June, my Department developed an information and media campaign entitled SupportingChildren.gov.ie which continues to run. For the first time this brought together information on all the services, structures and supports which are in place for vulnerable children, young people and their families during the Covid pandemic. Critically this also included the range of step-up actions and innovations that were also being advanced to support these groups.
Based on the success of the Supporting Children campaign it is intended to refresh this initiative for relaunch in early 2021.
Child Protection
Ceisteanna (259)
Bernard Durkan
Ceist:259. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which it was possible to provide a place of safety for children at risk in the past nine months; the number of notifications of potential child abuse brought to his Department on a weekly basis in each of the past nine months to date; and if he will make a statement on the matter. [40992/20]
Amharc ar fhreagraFreagraí scríofa
The Deputy refers to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla and asked that Tusla reply to the Deputy directly.
Equality Issues
Ceisteanna (260)
Bernard Durkan
Ceist:260. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he and his Department have received requests for equality-related changes in legislation since the formation of the Government; and if he will make a statement on the matter. [40993/20]
Amharc ar fhreagraFreagraí scríofa
I plan to undertake some legislative reform in relation to equality legislation.
The Programme for Government contains a commitment to examine the introduction of a new ground of discrimination based socio economic disadvanage status to the employment equality and equality status act.
In addition, the LGBTI+ National Inclusion Strategy contains a commitment to review the equality legislation to ensure that transgender, non conforming and intersex people have explicit protection within the equality grounds.
The Government intends to extend Parents’ Leave from two weeks to five weeks for each parent of all children born or adopted on or after 1 November 2019. The Government also intends to extend the period in which Parents’ Leave can be taken up until that child turns two years or, in the case of an adoption, two years after the adoption placement date of the child. This extension will apply to parents who may have already availed of their existing entitlements.
Heads of a Bill to effect these changes on Parent's Leave are currently being drafted in my Department and I intend to bring these to Government next Tuesday.
Mother and Baby Homes Inquiries
Ceisteanna (261)
Bernard Durkan
Ceist:261. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the steps taken or that are ongoing to reassure the victims of mother and baby homes in respect of their recently expressed concerns; if he is satisfied regarding the adequacy of the provisions made to date; and if he will make a statement on the matter. [40994/20]
Amharc ar fhreagraFreagraí scríofa
I understand the Deputy's concerns are in relation to transfer of the archives of the Commission of Investigation to my Department and the arrangements being developed to allow for individuals to apply for access to their personal information which may be within these records.
I can clarify that the archive of records from the Commission of Investigation must be transferred to my Department by 28 February 2021, when the Commission is dissolved in law. My Department is working intensively to ensure that it can effectively manage subject access requests from possibly very large numbers of people who were resident in mother and baby homes, specifically seeking access to the Commission's records.
In that regard, my officials are also liaising with the Office of the Attorney General to clarify the nature of the balancing tests which must apply to the release of personal information, both under the GDPR itself as transposed by the Data Protection Act 2018, and under section 39 of the Commissions of Investigation Act 2004, as amended by the Data Protection Act 2018.
The right to personal data is not an unqualified one, and it is vital that in providing a person with information, we do not adversely affect the rights and freedoms of others as protected by law. In addition, the particular legal regime applying to a Commission of Investigation requires us to consider whether release of data may prejudice the effective operation of commissions and the future cooperation of witnesses.
That said, I want to emphasise that I am committed to ensuring that information is made available as freely as possible, within the confines of the law.
At a practical level, my Department is urgently examining the resource requirements to ensure that a potentially large volume of subject access requests can be managed in a timely and effective manner. This will involve the development of suitable in-house expertise, in consultation with the Attorney General and the Data Protection Commissioner.
I am acutely conscious of the desire of many former residents of these institutions to access their early life information and I hope to develop new and expanded Information and Tracing legislation in 2021 to facilitate this, in so far as possible.