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Gnáthamharc

Thursday, 6 May 2021

Written Answers Nos. 110-130

Departmental Strategy Statements

Ceisteanna (110)

Gary Gannon

Ceist:

110. Deputy Gary Gannon asked the Minister for Education further to Parliamentary Question No. 164 of 18 February 2021, if the statement of strategy 2021-2023 for her Department has been published; and if not, when it will be made available. [23595/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that, in line with the provisions of the Public Service Management Act, 1997, a draft of a new Statement of Strategy for the three year period from 2021 to 2023 was provided to me by my Department in December 2020.

Following discussions regarding the draft, I expect to bring the Statement of Strategy to Government later in May. It will subsequently be published on my Department's website www.education.ie and laid before the Houses of the Oireachtas.

School Accommodation

Ceisteanna (111)

Gary Gannon

Ceist:

111. Deputy Gary Gannon asked the Minister for Education the progress made and timelines for the provision of a permanent building for a school (details supplied); if extra provisions will be provided for the upcoming term to ensure safety of staff and students; and if she will make a statement on the matter. [23596/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, a building project to provide improved accommodation for the schools in question is included on the Department's school building programme to be delivered as part of the National Development Plan (NDP).

The accommodation brief for the project is being developed and my Department will continue to liaise with the schools in this regard.

The Department has also approved grant under the Emergency Works Scheme to undertake roof works to temporary accommodaiton.

Special Educational Needs Staff

Ceisteanna (112)

Gary Gannon

Ceist:

112. Deputy Gary Gannon asked the Minister for Education the model of allocation being used for SNA allocation for the academic year 2020-2021 and 2021-2022; when the allocations will be published for 2020-2021; and if she will make a statement on the matter. [23602/21]

Amharc ar fhreagra

Freagraí scríofa

The arrangements for the allocation of SNAs for mainstream classes for the 2021/22 school year are currently under review. An announcement on the matter will be made as soon as possible.

Covid-19 Pandemic

Ceisteanna (113)

Gary Gannon

Ceist:

113. Deputy Gary Gannon asked the Minister for Education the rationale for her Department not including students under the applied education programme who are living with very high risk family members; if her attention has been drawn to an article (details supplied); and if she will make a statement on the matter. [23604/21]

Amharc ar fhreagra

Freagraí scríofa

The Government has always been guided by public health advice in relation to what is safe in schools. The CMO has made it very clear in his advices to Government which are published on gov.ie, that schools are safe environments, with very little evidence of transmission within schools, and that the majority of infections of children and adolescents occurs outside the school setting.

Schools have put significant infection prevention control measures in place to reduce the risk of coronavirus being transmitted to/within the school and funding of almost €650 million has been put in place by my Department to fund COVID-19 related measures, including funding for PPE, sanitation and additional cleaning etc.

The HSE Health Protection Surveillance Centre (HPSC) has issued specific advice about children attending school in the context of COVID-19. This advice covers both children with underlying medical conditions and children living with family members with underlying conditions. For all children, care should continue to be taken to reduce transmission through the infection control measures promoted by HPSC.

The HPSC advice advises that children with immediate family members, including parents, in both the ‘high risk’ and ‘very high risk’ categories can return to school and it is important for the child’s overall well-being. This is consistent with public health advice internationally in relation to at-risk family members. The priority is that the household continues to follow all current advice on how to minimise the risk of coronavirus, through regular hand washing, etc.

Social Welfare Code

Ceisteanna (114)

Christopher O'Sullivan

Ceist:

114. Deputy Christopher O'Sullivan asked the Minister for Social Protection if she will consider a universal basic payment for persons with severe physical or mental disabilities who cannot work as a result in place of the means tested payment of disability allowance; and if she will make a statement on the matter. [23559/21]

Amharc ar fhreagra

Freagraí scríofa

My Department provides a number of income supports for persons with a disability, these supports include the disability allowance (DA) scheme. It is important to note that entitlement to DA is not contingent on the nature of the disability but, subject to a number of other conditions, on the extent to which a particular disability impairs or restricts a person’s capacity for work.

The system of social assistance supports provide payments based on an income need. The means test plays a critical role in determining whether an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring. This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

Disability allowance is a means-tested payment, legislation provides that the means test takes account of the income and assets of the person (and spouse/partner, if applicable) applying for the scheme. The means assessment reflects the fact that there is an expectation that people with reasonable amounts of income or capital are in a position to use these resources to support themselves so that social welfare expenditure can be directed towards those who need it most.

The Department is not currently considering a universal payment approach to replace the means testing of income supports, such as disability allowance.

Any change to the assessment of means for schemes, including for disability allowance, can only be considered within an overall budgetary context.

Covid-19 Pandemic Unemployment Payment

Ceisteanna (115)

Claire Kerrane

Ceist:

115. Deputy Claire Kerrane asked the Minister for Social Protection if forecasting for the pandemic unemployment payment that has been carried out for the coming months in consideration of the forthcoming takes account of changes to public health guidelines and a staggered return for a range of sectors; if so, the estimated figures regarding recipients of the payment; and if she will make a statement on the matter. [23306/21]

Amharc ar fhreagra

Freagraí scríofa

The 2021 Further Revised Estimate, to be considered by the Select Committee on Social Protection in late May 2021, will provide for an allocation of €3,323 million for the Pandemic Unemployment Payment (PUP). This is an increase of almost €2.7 billion on the allocation provided for in the 2021 Revised Estimate published in December 2020.

The 2021 Further Revised Estimate for PUP reflects the Government Decision to fund PUP to end June 2021. While the Estimate envisaged the reopening of some sectors during April and May, it was finalised before the latest Government announcement on 29th April 2021 which provided for a broader reopening of the economy.

The estimated numbers on PUP will continue to be monitored, having regard to the impact of the lifting of restrictions and the future trajectory of the virus.

I trust this clarifies the position for the Deputy at this time.

Public Transport

Ceisteanna (116)

Bríd Smith

Ceist:

116. Deputy Bríd Smith asked the Minister for Social Protection if she plans to extend free travel to those living with epilepsy; if her attention has been drawn to the implications for those with epilepsy who are not allowed to drive and who have to rely completely on public transport to travel and all that entails; the rationale for excluding this cohort from the free travel scheme; if she will carry out a review of the scheme with a view to including persons with epilepsy; and if she will make a statement on the matter. [23381/21]

Amharc ar fhreagra

Freagraí scríofa

The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. There are currently approx. 994,000 customers with direct eligibility. The estimated expenditure on free travel in 2021 is €95 million.

In general, access to a free travel pass for those aged under 66 is linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit.

While I have sympathy for all persons who incur significant travel expense in their daily lives because of a disability, extending the free travel scheme to the cohort of people highlighted by the Deputy on the basis that their disability prevents them from holding a driving licence cannot be considered in isolation. There are a range of disabilities and medical conditions that can prevent a person from holding a driving licence and to award a free travel pass to any one of these conditions in isolation would immediately result in calls for all people who are not allowed hold a driving licence because of their medical condition to receive the free travel pass and could result in challenges under the Equal Status Act.

If the Free Travel scheme were to be extended to all people who are not allowed to drive due to their disability regardless of whether they receive a qualifying payment, a medical assessment process would be required for all such applications, significantly changing the nature of the scheme and requiring additional administrative processes to be put in place in order to adjudicate eligibility. Significant extra funding would also be required and accordingly, it could only be considered in the context of overall budgetary negotiations.

Under the Supplementary Welfare Allowance scheme, my Department may award a travel supplement, where the circumstances of the particular case so warrant. The supplement is intended to assist with ongoing or recurring travel costs that cannot be met from the client’s own resources and are deemed to be necessary. Every decision is based on consideration of the circumstances of the individual case, taking account of the nature and extent of the need and of the resources of the person concerned.

I hope this clarifies the matter for the Deputy.

Social Welfare Rates

Ceisteanna (117)

Thomas Pringle

Ceist:

117. Deputy Thomas Pringle asked the Minister for Social Protection if there are plans to increase the disability allowance or carer’s allowance payments; and if she will make a statement on the matter. [23420/21]

Amharc ar fhreagra

Freagraí 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. The total combined spending on the above payments to carers in 2020 was €1.2 billion.

The Carer’s Support Grant will be paid to carers this year at an estimated cost of over €265 million. This is a payment for carers throughout the State and is paid in June each year, not just to people in receipt of a carers payment, but also to other carers who may not be dependent on State income supports. An estimated 123,100 carers will receive the grant in respect of 141,200 care recipients. In recognition of the vital role that carers provide in our society, the Carers Support Grant was increased by €150 in Budget 2021 to bring the rate up to €1,850 – the highest ever rate at which it will have been paid since its introduction.

Disability Allowance (DA) is a means-tested payment for people with a specified disability who are aged between 16 and 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

The annual expenditure on DA for 2020 was over €1.8 billion.

The Deputy will appreciate that any increases in Carer's Allowance or Disability Allowance can only be considered in a budgetary context and in the light of available financial resources.

Jobseeker's Allowance

Ceisteanna (118)

Róisín Shortall

Ceist:

118. Deputy Róisín Shortall asked the Minister for Social Protection the position regarding a jobseeker’s application by a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [23563/21]

Amharc ar fhreagra

Freagraí scríofa

The application for a Jobseekers Allowance payment by the person concerned has been reviewed by a Deciding Officer.

A request for further details regarding their Habitual Residence in the state was sent to the person concerned by email on Wednesday 28/04/2021.

The Deciding Officer will contact the applicant by telephone to further progress the application.

I trust this clarifies the position at this stage.

International Protection

Ceisteanna (119, 120, 121, 122, 123, 124, 125, 126)

Holly Cairns

Ceist:

119. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will address the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service failed to appoint an independent designated officer to handle complaints as recommended by the McMahon report to the Government Working Group on the Protection Process on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers; and if he will make a statement on the matter. [23350/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

120. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will address the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service’s pre-Covid-19 process failed to meet its own benchmark of two in-house clinics per centre per year (details supplied); and if he will make a statement on the matter. [23351/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

121. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will address the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service failed to follow its own child protection and welfare policy (details supplied); and if he will make a statement on the matter. [23352/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

122. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will address the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service has failed to put in place the necessary safeguards to ensure that children residing in direct provision, emergency reception and orientation centres and emergency accommodation centres are safe from harm and that there is no evidence whether all accommodation centres comply with Children First. [23353/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

123. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service has not appointed an independent designated officer to handle complaints as recommended by the McMahon report (details supplied); and if he will make a statement on the matter. [23340/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

124. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his response to the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that the International Protection Accommodation Service has failed to put in place the necessary safeguards to ensure that children residing in direct provision, emergency reception and orientation centres and emergency accommodation centres are safe from harm and that there is no evidence on whether all accommodation centres comply with Children First. [23341/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

125. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that Tusla did not recognise the inherent vulnerability of minors in the international protection process and failed to make reasonable adjustments, which would give the children in direct provision an equal opportunity to reach their full potential and that Tusla also failed to coordinate services to meet the needs of children in direct provision. [23342/21]

Amharc ar fhreagra

Holly Cairns

Ceist:

126. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth her views on the finding in the Ombudsman for Children's report Safety and Welfare of Children in Direct Provision that Tusla, the HSE and IPAS have failed to collaborate to provide on-site preventative and early intervention services and to gather data on national trends of referrals to services given that this was a recommendation of the McMahon report. [23343/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 119, 120, 121, 122, 123, 124, 125 and 126 together.

I welcome the report of the Ombudsman for Children’s Office (OCO) “Safety and Welfare of Children in Direct Provision” and my Department accepts its recommendations in full.

It has been my view for quite some time that the system of Direct Provision of accommodation and services is not fit for purpose and requires replacement. To that end this Government committed to ending the Direct Provision system and to replacing it with a new International Protection accommodation policy, centred on a not-for-profit approach. The Government also committed to developing a White Paper to set out how the new system will be structured and the steps to achieving it.

As the Deputy will be aware, I published the White Paper to End Direct Provision and to establish a New International Protection Support Service on 26 February 2021. My Department is currently now working to implement the proposals cointained therein.

As part of the White Paper process we listened to the voices of children in Direct Provision and to the OCO. The new model has the human rights of children at its core. The new International Protection system will respect the rights of children and will provide child-friendly services, including a child-friendly vulnerability assessments. This was agreed with the OCO during the development of the White Paper. The new model will combat isolation and help children to integrate into their new communities by promoting English language support and other school-based supports. Furthermore, by promoting an own-door accommodation model for families, a child’s right to privacy will be more fully respected under the new system.

In launching the report referred to by the Deputy, the Ombudsman for Children, Dr Niall Muldoon, noted the very positive engagement of the International Protection Accommodation Service (IPAS) of my Department and I can assure him and this House that my Department will continue to engage with the OCO to address the issues identified in his report.

Although the report was only recently published the Ombudsman's investigation leading to its publication was commenced in 2018. Work has been undertaken since then by IPAS on some of the issues raised in the report. IPAS has developed a series of actions, planned for the short to medium term, to ensure the recommendations in the OCO report are implemented in full and as quickly as possible.

A new dedicated Customer Service unit is now in place and part of its remit will be proactively to engage with residents in IPAS accommodation centres to establish effective methods of communication, including as regards children living in IPAS accommodation. Any resident may contact the IPAS customer service unit by email at: ipasinbox@equality.gov.ie with any issues and my officials in IPAS will work to resolve them without delay.

In addition, a confidential Freephone telephone support service, funded by, but independent of, my Department, was established in May 2020 to provide further support to residents who are being accommodated by my Department. This Freephone confidential support helpline is operated by the Jesuit Refugee Service (JRS). Any complaint made through this service may be passed in confidence to IPAS for investigation and resolution.

International Protection applicants will have the right to pursue a grievance or complaint about any aspect of the services that they receive through the accommodation process. International Protection applicants will continue to have recourse to the Ombudsman and to the Ombudsman for Children, to pursue an issue of concern about their experiences in the system.

The existing Child and Family Services Unit will be enhanced and incorporated into a new Resident Welfare Team that will develop a case management system for families and children identified as having special reception needs at the vulnerability assessment stage. The Unit will review family needs regularly to ensure that those needs continue to be met as a family progresses through their application. The Resident Welfare Team will be a multi-disciplinary team with experts from the fields of education, health and childcare seconded.

The IPAS has also engaged Barnardos to provide training to all centres and emergency accommodation locations, on 'Understanding Child Development through a Trauma Informed Lens'. This training began rolling out last year and will assist with ensuring that centre staff and managers are aware of the impact of trauma on children and understand how that may inform the behaviour of any child or indeed adult who has been impacted by trauma.

The key priority will be to move all remaining children and families still in residing in congregated hotel style living, to own door or independent living accommodation. Therefore a public procurement process will take place in 2021 with the aim of securing the additional spaces required to enable IPAS to end the use of emergency accommodation. The procurement will have a specific focus on the provision of child friendly accommodation that will allow parents and children to enjoy a normal private family life.

A new Vulnerability Assessment process is currently being piloted by the IPAS. The pilot commenced in December 2020 and was extended to all new applicants for International Protection from the beginning of February. The purpose of these assessments is to determine if an applicant is deemed to have special reception needs, what those needs are and what actions are required to address those needs. Assessment questions are based on the various categories of vulnerability identified within the EU Reception Conditions Directive 2013/33/EU, and have been refined within the Irish context with the help of the HSE.

Over the past number of years, Tusla has seconded a social work team leader to IPAS. The secondee manages the Child and Family Services Unit in IPAS and provides Children First and associated training to accommodation centre staff and maps out with the centre manager how to engage with local family support services. There are many examples of projects established in local areas to assist families, living in IPAS accommodation, integrate into local culture and to support parenting.

The Children and Family Services Unit manager also assists Tusla social workers and families if a child welfare or protection concern arises while a family is living in an accommodation centre. The Children and Young People’s Services Committees (CYPSC) National Coordinator and the manager of the Child and Family Services Unit work closely on liaising with other third party services who provide supports to children and families living in centres around the country.

Since the recent publication of the OCO report, Tusla has committed to publishing their Direct Provision Policy, 2021, for all staff working with children and families living in direct provision accommodation. The policy states that each Direct Provision accommodation centre will have a named point of contact within the relevant Tusla area. The policy also clarifies the ongoing role of the Children and Young Persons Services Committees (CYPSCs) in co-ordinating services and ensuring that children in direct provision are included in these services.

All existing centres and all new centres are required to develop a child safeguarding statement. An IPAS Audit of compliance will take place this year in cooperation with Tusla. Safeguarding Statements will be translated and made available to all residents. Additional child safety training will also be rolled out to all centre managers as COVID restrictions allow.

IPAS will continue to work with Tusla during 2021 to develop interagency protocols and operating procedures that will support the sharing of case information between Tusla and IPAS and to track and monitor referrals and cases from beginning to end.

All of this activity will be supported through the provision of additional human resources to IPAS and the transition team to help meet the parallel challenges of addressing identified weaknesses in the current system in the short term and implementing the White Paper proposals for a not-for-profit service delivery model to replace the current system in the longer term. I understand that recruitment in this regard has already commenced.

In addition, Tusla is reviewing its IT system to plan for the next stage of the development of the National Child Care Information System (NCCIS) and consideration will be given to enable referrals children living in IPAS accommodation, along with other specified groups of children, to be tracked on a national basis.

Question No. 120 answered with Question No. 119.
Question No. 121 answered with Question No. 119.
Question No. 122 answered with Question No. 119.
Question No. 123 answered with Question No. 119.
Question No. 124 answered with Question No. 119.
Question No. 125 answered with Question No. 119.
Question No. 126 answered with Question No. 119.

Mother and Baby Homes Inquiries

Ceisteanna (127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138)

Catherine Connolly

Ceist:

127. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons that have requested their personal statement and testimony and submitted a subject access request further to their giving evidence to the Commission of Investigation into Mother and Baby Homes; the number of persons that have received their statement and testimony and whose subject access request has been completed; the number awaiting receipt of their statement and completion of their subject access request in tabular form; and if he will make a statement on the matter. [23421/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

128. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the reason that persons who have requested a copy of their personal statement and testimony or submitted a subject access request have not received same further to their giving evidence to the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23422/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

129. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when persons that have yet to receive a copy of their personal statement and testimony given to the Commission of Investigation into Mother and Baby Homes will receive same; and if he will make a statement on the matter. [23423/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

130. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the training that has taken place and the other measures that have been put in place to ensure that his officials understand the data protection rights of the persons affected by the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23424/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

131. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons within his Department with access to the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23425/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

132. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of investigation committee witness statements held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23427/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

133. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of investigation committee audio recordings held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23428/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

134. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of confidential committee witness statements held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23429/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

135. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of confidential committee audio recordings held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23430/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

136. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of witness statements from a project (details supplied) held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23431/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

137. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of witness statements held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23432/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

138. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of audio recordings held in the archive of the Commission of Investigation into Mother and Baby Homes; and if he will make a statement on the matter. [23433/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137 and 138 together.

In accordance with section 43 of the Commission of Investigation Act 2004, the Mother and Baby Homes Commission of Investigation was required to deposit with my Department all the evidence received by, and all documents created by or for the Commission, prior to its dissolution on 28 February 2021. In advance of its dissolution, the Commission deposited a very large archive relating to in excess of 100,000 individuals which includes audio recordings and witness statements of individuals who provided evidence and engaged with the different elements of the infrastructure of the Commission including the Confidential Committee and the Investigation Commission.

The report of the Commission at pages 10 and 11 of the Chapter on the Confidential Committee provides statistical information on the engagement of individuals with different elements of the infrastructure of the Commission. The table below includes a summary of the data published in that chapter:-

Number of people

Detail

886

Who seemed to be within the Commission’s remit, contacted the Commission and were sent information about the Confidential Committee.

673

Completed the application form

19

Gave evidence to the Commission and not to the Confidential Committee

550

Met the Confidential Committee. (Some people who met the Confidential Committee also gave evidence to the Commission.)

104

Completed the application form but did not meet the Confidential Committee

304

Were resident as mothers

228

Were resident as babies/children

17

Were involved in other ways.

Unfortunately, the information requested by the Deputy is not immediately available and would require extensive work to extract it from the voluminous records received from the Commission.

The archive now in the possession of my Department is organised by reference to individuals. Seeking to provide the information requested would require the expenditure of a very significant amount of staff time and resources, searching by reference to each individual in the many archive databases, and searching hard copy records.

My Department is focusing at present on putting systems and resources in place to manage the archive, respond to Subject Access Requests (SARs), arrange for the transfer of appropriate content to the National Archives, and meet all the legal obligations and commitments made. The Department is making good progress in this regard, and is very keen to deal with the applications for information from the archive as quickly as possible.

A new Unit has been established to look after this hugely important and significant volume of work. This work has included ensuring that there is a range of expertise including data protection expertise within the Unit. In addition, the Department has engaged external data protection expertise to support the processing of requests from data subjects and to appropriately vindicate the rights of data subjects.

Officials in my Department who process SARs from individuals completed data protection training delivered by external consultants to ensure that they are appropriately equipped to respond to requests in respect of the archive. The training provided by external consultants is supplemented by in-house data protection expertise.

Access to the archive is restricted to officials who need to have access for the purposes of their work. Currently, 27 officials have access to the archive.

As of 30 April last my Department has received and is processing 158 SARs relating to the archive.

Given the sensitive nature of the personal data, my Department must validate the identity of every requester seeking their personal data. My Department engages with data subjects to request proof of identity, in the form of a scanned copy of a passport, driving license, or other photo ID. This is a reasonable measure for a data controller to take, to satisfy itself that the requestor is who they say they are, and that the personal data is being provided to the person it relates to.

My Department is seeking to provide individuals with a copy of their personal data within one month of the identity of the requestor being validated. The General Data Protection Regulation provides that the one month period may be extended by a further two months where necessary, taking into account the complexity of the request. The data controller is obliged to inform the data subject of any such extension within one month of the receipt of the request including the reasons for the delay. In accordance with GDPR requirements, in situations where my Department is unable to provide individuals with the data within this timeframe due to the complexity of the request, my Department informs individuals within one month of receipt of their request, explaining the reason for the delay, and my Department commits to delivery of the data within a further two months. My Department is responding to each data subject in accordance with its GDPR obligations and engages with each data subject in relation to the progress of their request.

Question No. 128 answered with Question No. 127.
Question No. 129 answered with Question No. 127.
Question No. 130 answered with Question No. 127.
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