Claire Kerrane
Ceist:372. Deputy Claire Kerrane asked the Minister for Social Protection the number of referral fees paid to Seetec and Turas Nua since JobPath commenced. [34940/21]
Amharc ar fhreagraEmployment Schemes
Ceisteanna (372, 373, 374)
Claire Kerrane
Ceist:373. Deputy Claire Kerrane asked the Minister for Social Protection the number of persons who have been referred to JobPath since it was introduced; and the number of persons currently engaged with the service. [34941/21]
Amharc ar fhreagraClaire Kerrane
Ceist:374. Deputy Claire Kerrane asked the Minister for Social Protection the number of persons who have completed JobPath and found employment as a result in which the employment has been sustained for over one year. [34942/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 372, 373 and 374 together.
JobPath is an employment assistance and advice service for the long term unemployed. The service providers are paid on the basis of performance and with the exception of the initial registration fee, payments are made only when a client has achieved sustained employment. The registration fee is a fee payable for engagement and is only payable when the JobPath service providers engage and agree a Personal Progression Plan (PPP) with the client.
Since the JobPath service began in 2015, there have been a total number of 300,103 registration fees paid to the JobPath service providers to date. Of the total number of jobseekers who have engaged with the service during this period, some 259,644 had either completed or were expected to complete their engagement with JobPath
During this same period, July 2015 and end of April 2021, 67,657 Jobseekers had commenced employment during their engagement and, of these, almost 24,000 thus far have sustained full time employment for a period of 52 weeks or more.
It should be noted that many clients who are currently engaged with JobPath are in the first phase of the service and have not spent sufficient time with the service to have either gained employment or sustain that employment for up to 52 weeks. It should also be noted that the Covid-19 pandemic has had a significant impact on the numbers gaining and sustaining employment.
Question No. 373 answered with Question No. 372.
Question No. 374 answered with Question No. 372.
Social Welfare Appeals
Ceisteanna (375)
Róisín Shortall
Ceist:375. Deputy Róisín Shortall asked the Minister for Social Protection the position regarding a carer’s allowance appeal by a person (details supplied) in Dublin 11; when a decision will be made; if an oral hearing will be granted; and if she will make a statement on the matter. [34951/21]
Amharc ar fhreagraFreagraí scríofa
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19 May 2021. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection.
These papers were received in the Social Welfare Appeals Office on 24 June 2021. The case will now be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing. Hearings are currently being conducted online or by telephone. Due to the current level of Covid-19 restrictions in-person oral appeal hearings have been suspended.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
Social Welfare Benefits
Ceisteanna (376)
Mairéad Farrell
Ceist:376. Deputy Mairéad Farrell asked the Minister for Social Protection if there has been a rule change regarding the use of the herd number to qualify for the rural social scheme (details supplied); and if she will make a statement on the matter. [34953/21]
Amharc ar fhreagraFreagraí scríofa
The Rural Social Scheme (RSS) is an income support initiative which provides part-time employment opportunities in community and voluntary organisations for farmers or fishermen and women who are in receipt of certain social welfare payments and who are underemployed in their primary occupation. It is a supplementary income support scheme designed specifically for those participants whose income falls below a certain limit.
There have been no rule changes made to the use of the herd number to qualify for RSS.
To remain eligible to participate on the scheme, the participant must be actively farming or fishing and must retain an underlying entitlement to the qualifying payments of Farm Assist or Fish Assist.
A herd number is required for participation on RSS, and may also be required for receipt of Farm Assist. A single herd number can be used to support only one RSS participant application at a time, or one Farm Assist claim/application at a time. It is not possible for a single herd number to be used to support more than one application for either RSS or Farm Assist, and it is not possible for a single herd number to be used to support an RSS application and a Farm Assist claim/application concurrently, as this would result in the RSS participant becoming ineligible to participate on the scheme.
Two people from the same household may qualify for Farm Assist if they satisfy the conditions for the scheme.
Where two or more people farm what may originally have been a single unit, but is now claimed to be made up of separate units and being now managed as two separate entities/businesses, they may qualify for Farm Assist in their own right, provided that each person has their own herd number.
I trust that this clarifies the matter.
Employment Support Services
Ceisteanna (377)
Holly Cairns
Ceist:377. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way in which his Department is addressing the low rates of employment among persons with disabilities; and if he will make a statement on the matter. [34899/21]
Amharc ar fhreagraFreagraí scríofa
The Comprehensive Employment Strategy for People with Disabilities 2015-2024 (CES) is the primary disability employment policy initiative in Ireland. It is a cross-government approach, bringing together actions by Government Departments and Agencies to address the barriers and challenges to employment of persons with disabilities. The CES’s strategic priorities are to build skills, capacity and independence, to provide bridges and supports into work, to make work pay, to promote job retention and re-entry to work, to provide co-ordinated and seamless supports and to engage employers.
Implementation of the Strategy is undertaken through agreed action plans and is monitored by an Implementation Group with an independent chairperson, Mr Fergus Finlay. Currently the group is monitoring the CES Phase Two Action Plan which covers the period 2019 – 2021. Development of a final Action Plan for the period 2022 – 2024 will soon take place.
Each Department is responsible for delivering and implementing the actions assigned to it and for reporting on those the CES Implementation Group. Assessment of progress indicates that, while there are some key barriers that remain, progress is being made across government in implementing actions that do, or will improve the employment opportunities for people with disabilities.
My Department has a coordination function and provides secretariat to the Implementation Group. In addition, my Department has responsibility for a number of specific actions under the CES. Initiatives progressed by my Department under the current CES Action Plan include the funding and establishment of a disability information service for employers run by the Open Doors Initiative. This service ‘Employers for Change: A Disability Information Service’ provides expert peer source of advice and information on employing staff with disabilities, with a view to enhancing the confidence and competence of individual employers to employ, manage and retain staff with disabilities.
In addition, under the CES and as a commitment of the Programme for Government, my Department is responsible for implementing legislation that will double the target for employment of people with disabilities in the public service to 6%. This will be an important development. My Department is currently progressing this through the Assisted Decision-Making (Capacity) (Amendment) Bill, the General Scheme of which will shortly be submitted to Government for approval.
Rights of People with Disabilities
Ceisteanna (378)
Holly Cairns
Ceist:378. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an updated roadmap setting out the legislative measures needed to meet the requirements of the UNCRPD; and if he will make a statement on the matter. [34901/21]
Amharc ar fhreagraFreagraí scríofa
In 2015, the then Department of Justice and Equality, published a Roadmap to Ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In 2018, Ireland ratified the UNCRPD.
Our approach to meeting the obligations of the UNCRPD is one of progressive realisation, each year
moving forward on key reforms, with the obligations arising from the Convention being met over time. Initial priority has been given to meeting legislative commitments.
My Department has recently begun work on the design of an Implementation Plan for the UNCRPD. This is a commitment in both the Programme for Government and the Mid-Term Review of the National Disability Inclusion Strategy. The Plan will set out actions to be taken under each of the Articles of the UNCRPD, including required legislative changes for progressing UNCRPD implementation.
Covid-19 Pandemic Supports
Ceisteanna (379)
Brendan Griffin
Ceist:379. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth his views on a matter (details supplied) regarding the employment wage subsidy scheme; and if he will make a statement on the matter. [34935/21]
Amharc ar fhreagraFreagraí scríofa
The vision set out in First 5, the ambition of the Programme for Government, and the commitments made during the pandemic, signal the importance of the early learning and care and school-age childcare sector and the scale of the reforms underway.
First 5 (published November 2018) sets out an ambitious programme of work across Government Departments to improve the experiences and outcomes of children in Ireland from birth to age 5 across all aspects of their lives in the coming ten years. One of the major building blocks of First 5 is additional public funding, strategically invested, to achieve the best outcomes for babies, young children and their families.
Since 2015, state investment in ELC and SAC has increased by an unprecedented 141%. This funding has been used to remove barriers to access so that children can enrol and meaningfully participate in high-quality early learning and care and school-age childcare. First 5 pledges to further increase investment in ELC and SAC by 2028 in order to make further progress towards average OECD levels of investment.
In 2021, the ELC/SAC budget allocation of €638m for 2021, ensuring that 2020 funding levels are maintained. This allocation includes €289.3m under the Early Childhood Care and Education Scheme (ECCE), €205.5m under the National Childcare Scheme (NCS) and €35m under the Access and Inclusion Model (AIM). This allocation incorporates, among many other funding streams, the full year costs of the additional hours of subsidised income-based childcare introduced in September 2020. Moreover, the allocation covers the 7% increase in AIM capitation rates introduced in January 2021, aligning the scheme with current ECCE capitation rates, which were increased by 7% in September 2018.
First 5 commits to at least doubling investment in early learning and care and school-age childcare between 2018 and 2028 and the new Funding Model will be a key vehicle to ensure that such significant additional investment delivers for children, families and the State.
An Expert Group was established in 2019 and tasked with the development of a new Funding Model to more precisely allocate public funding to deliver ELC/SAC services that align with national policy objectives, resourcing quality provision and delivering affordability for parents. The new Funding Model will ensure that the State leverages the maximum value from that investment. The intention is that the new Funding Model will operate in parallel with existing major funding programmes/schemes – the National Childcare Scheme and the universal pre-school Early Childhood Care and Education programme (ECCE) which provide full or partial subsidies to parents. The new Funding Model will therefore be the framework for additional investment in services in return for clear evidence of quality and affordability to ensure effective use of public funding.
The Expert Group is tasked with examining the current model of funding, its effectiveness in delivering quality, affordable, sustainable and inclusive services and considering how additional resourcing can be delivered for the sector to achieve these objectives, drawing on international practice in this area.
The Expert Group is independently chaired and includes national and international experts in ELC and SAC systems, funding, quality, economics, and relevant policy experts from the Government Departments who will be involved in implementing the new funding model.
The Expert Group has met 17 times to date, most recently on 23 June. Stakeholder consultation is ongoing with the Early Learning and Childcare Stakeholder Forum. It is expected that a report on the Group’s recommendations will be submitted to me in November 2021 for consideration before submission to wider Government.
The work of the Expert Group is updated at a dedicated website – www.first5fundingmodel.gov.ie. The Agenda and Minutes of each meeting are published, as well as other information relating to the project. All research commissioned and carried out by Frontier Economics is also published here, along without outputs from Consultation and Engagement.
I am committed to the further development of career pathways for those working in early learning and care and school-age childcare services. Establishing clear and supported career pathways is important both in improving recruitment and retention of staff, and in enhancing practitioners' continuing professional development, both of which support better outcomes for children.
Phase two of work on the Workforce Development Plan (WDP), which began in February 2021, involves the preparation of detailed policy proposals by a number of working groups, one of which is specifically looking at the career framework and career pathways. The final WDP report is expected to be published by the end of 2021.
Throughout the pandemic, a range of supports have been provided to the early learning and care and school-age childcare sector, including as the Deputy referenced, the Employment Wage Subsidy Scheme (EWSS). EWSS is an economy-wide enterprise support for eligible businesses in respect of eligible employees under the auspices of the Department of Finance and administered by Revenue.
To qualify for the EWSS, as well as having tax clearance, employers must be able to show that their business experienced a 30% reduction in turnover or customer orders over a defined period. However, Early Learning and Care and School-Age Childcare (ELC/SAC) employers registered in accordance with Section 58C of the Child Care Act 1991 are included in the EWSS with no turnover test.
The rate of subsidy employers receive per paid eligible employee under EWSS was revised on 20 October 2020 to a higher rate. As announced by the Minister for Finance on 1st June, these revised rates remain in place until end September 2021.
For Q3, there are no changes for qualification for EWSS for the childcare sector. The Government has approved the extension of the EWSS for Q4, however, it is considered too early yet to prescribe the precise operational parameters of the scheme that should apply for that quarter. An exit plan for EWSS will be announced in September 2021.
Work undertaken by my Department indicates that, further to the introduction of the revised rates, ELC/SAC services with EWSS are estimated to have approximately 80% of payroll costs covered. This equates to approximately 50% of the usual operating costs of these services.
The Programme for Government commits to supporting the establishment of a Joint Labour Committee (JLC) for the early learning and care and school-age childcare sector and the drawing up of an Employment Regulation Order. In December 2020, I began a short process to examine the possibility of regulating pay and conditions in the sector and the suitability of a JLC. In agreement with IBEC/Childhood Services Ireland, and SIPTU, Dr Kevin Duffy, former Chair of the Labour Court, was appointed to be the independent chair of this process.
On foot of Dr Duffy’s report, on 11 March I wrote to the Minister of State for Business, Employment and Retail, recommending the establishment of a JLC for the sector.
The Labour Court published its Draft Establishment Order for a Joint Labour Committee for Early Years Services on 27th April, for the purpose of public consultation. As part of this consultation process, the Labour Court held a public hearing on 28th May and on June 21st Minister English signed the Establishment Order for the JLC, which will take effect on July 1st. In line with the provisions of the Industrial Relations Acts, it is now for the Labour Court and the Minister of State for Business, Employment and Retail to determine the membership of the Joint Labour Committee for the sector.
The establishment of the JLC will provide a key mechanism for unions and employer representatives to work together to determine wages and working conditions in the sector, thus helping employers to recruit and retain staff, and recognising the value of the work done by ELC and SAC practitioners.
My Department has begun a focused and thorough examination of its financial requirements ahead of Budget 2022. The allocation sought by my Department will be designed to meet the ongoing needs of the early learning and care and school-age childcare sector. It is anticipated that both the work of the Expert Group and Workforce Development Plan will contribute to informing the Budget 2022 process.
Childcare Services
Ceisteanna (380)
Kathleen Funchion
Ceist:380. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of ECCE-only childcare providers, that is, providers that do not offer a service outside of ECCE provision; the amount of annual funding they received; the number of childcare providers in receipt of State funding in regard to same; the amount of annual funding received; the number of providers in receipt of funding that do not provide ECCE; and the amount of annual funding received in 2019 and 2020, respectively. [34319/21]
Amharc ar fhreagraFreagraí scríofa
The tables below set out the number of ECCE only services and the funding they received in 2018-19 and 2019-20, and the number of services not providing ECCE and the funding they received in 2018-19 and 2019-20
The numbers of ECCE only providers given is the number of providers who have entered into a funding agreement for ECCE and not for any other programmes funded by my Department, such as NCS. It is possible that some of these providers may be offering childcare in a private capacity, without funding under other subsidy programmes funded by my Department.
As the ECCE programme operates on an academic year, of September to June, the programme year.
|
Programme Year |
ECCE-only Providers |
Funding |
|
2018-2019 |
1389 |
€90,040,129 |
|
2019-2020 |
1247 |
€59,567,745 |
|
Programme Year |
Services that do not Provide ECCE |
Type of Programme |
Funding |
|
2018-2019 |
370 |
CCS/P |
€15,908,122 |
|
2019-2020 |
352 |
CCS/P |
€11,133,312 |
|
2019-2020 |
248 |
NCS |
€761,936 |
Childcare Services
Ceisteanna (381, 382, 383)
Kathleen Funchion
Ceist:381. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the estimated cost of raising the rate of pay of early years professionals to at least the living wage of €12.30 per hour. [34326/21]
Amharc ar fhreagraKathleen Funchion
Ceist:382. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of early years professionals by grade who earned below the living wage in 2020. [34327/21]
Amharc ar fhreagraKathleen Funchion
Ceist:383. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the estimated cost of raising the rate of pay of all early years professionals to at least €15 per hour. [34328/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 381, 382 and 383 together.
I am conscious of the need for significant improvement in pay and working conditions for practitioners in early learning and childcare services. The level of pay they receive does not reflect the value of the work they do for children, for families and for the wider society and economy.
As the State does not employ early learning and childcare practitioners, the Deputy will appreciate that my Department cannot set wage levels or determine working conditions for staff in the sector.
Based on figures available from Pobal Annual Early Years Sector Profile 2018/19, of approximately 26,000 staff working directly with children in mid-2019, it is estimated that 60% (or 15,600) were at that time paid below €12.30 per hour and 40% (or 10,400) were paid €12.30 or more.
On this basis, it was estimated that the annual cost of raising the wages of all early learning and care and school-age childcare practitioners to at least €12.30 per hour would in 2019 have been approximately €30 million. The additional cost to employers for this in terms of employer PRSI and holiday pay would have been €6m, bringing the total cost to €36m.
More recent data (from 2020) available from the Pobal Annual Early Years Sector Profile 2019/20 is still being analysed, and officials in my Department will revert directly to the Deputy with wage estimates for 2020 when the results of this analysis are available.
The Programme for Government commits to supporting the establishment of a Joint Labour Committee (JLC) for the early learning and care and school-age childcare sector and the drawing up of an Employment Regulation Order. In December 2020, I began a process to examine the possibility of regulating the pay and conditions of employment of practitioners in early learning and care and school-age childcare, and to examine the suitability of establishing a JLC.
The Labour Court published its Draft Establishment Order for a Joint Labour Committee for Early Years Services on 27th April, for the purpose of public consultation. As part of this consultation process, the Labour Court held a public hearing on 28th May. On 21st June the Minister of State for Business, Employment and Retail signed the Establishment Order for the JLC, which will take effect on 1st July.
Question No. 382 answered with Question No. 381.
Question No. 383 answered with Question No. 381.
Childcare Services
Ceisteanna (384)
Cormac Devlin
Ceist:384. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth the status of the National Action Plan for Childminding 2021-2028; the efforts he is making to ensure childminders including representatives from an organisation (details supplied) are involved in every stage of the process impacting the sector; and if he will make a statement on the matter. [34433/21]
Amharc ar fhreagraFreagraí scríofa
My Department developed a National Action Plan for Childminding which was published in April 2021. The Action Plan aims to improve access, through childminding, to high quality and affordable childcare. The Action Plan sets out a pathway over the next 8 years towards regulation, support and subsidies for all paid, non-relative childminders. The Action Plan will involve change and will bring significant benefits for childminders, and for the children and the families using their services.
A National Action Plan for Childminding Steering Group will be established shortly, to drive, oversee and monitor implementation of the National Action Plan. The Steering Group will be supported by four Advisory Groups in relation to: regulation and inspection; training and support; funding and financial supports; and consultation and communications.
The National Action Plan commits to representation of childminders, parents and other key stakeholders on the Steering Group, which will be chaired by my Department. Additionally the National Action Plan commits to representation of childminders on all four Advisory Groups.
Initial work on some aspects of future training for childminders began prior to launch of the National Action Plan, in the context of on-going work on developing a Workforce Development Plan for early learning and care and school-age childcare. In order to draft proposals, a working group was established specifically on childminding. The working group has strong representation of childminding views. Of its 12 members, six are childminders or work exclusively with or for childminders, while other members represent the views of parents, the statutory regulator (Tusla) and organisations which have provided extensive support for childminders. All decisions on the design and implementation of training programmes for childminders will be made by the Steering Group of the National Action Plan for Childminding.
The National Action Plan itself was based on extensive consultation and engagement with childminders, and the blueprint for the National Action Plan was the 2018 report of the Working Group on Reforms and Supports for the Childminding Sector, which was coordinated and chaired by Childminding Ireland. The National Action Plan commits to further consultation with childminders, especially during Phase 1 of the Plan when developing regulations specific to childminders.
Officials in my Department have been engaging with the organisation in question on their specific concerns. While discussions are ongoing, I am hopeful that all relevant organisations that have a significant role in representing or supporting childminders will be actively involved in the oversight and advisory structures for the National Action Plan.
Childcare Services
Ceisteanna (385)
Neale Richmond
Ceist:385. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth if leeway will be shown to smaller childcare providers that provide childcare out of residential properties that are struggling to meet the fire safety regulations that are due to be in place in November 2021; and if he will make a statement on the matter. [34462/21]
Amharc ar fhreagraFreagraí scríofa
I am assuming that this question is referring to the supporting documentation required as part of the re-registration process for early years services by the Early Years Inspectorate of Tusla, the independent and statutory regulator of this sector. Services were required to provide Fire Safety Certificates as part of the re-registration process which was due to take place at the end of 2019. Many services have already re-registered and submitted a Fire Safety Certificate and some have re-registered subject to submitting an up to date Fire Safety Certificate.
In August 2019, Tusla issued guidance for registered providers of early years services on the fire and planning requirements for the re-registration process. It is important to note that these were not new regulations, but guidance on the submission of documentation for the purpose of re-registration. Registration of early years services is granted only where Tusla is satisfied that the premises, operation and location of the service poses no unmanaged risk to children. All registered services are expected to have the appropriate fire certification in place.
In an effort to assist providers in meeting the re-registration deadline, Tusla divided the process into two parts. The first part, including submission of an application form and critical supporting documentation, was completed at the end of 2019 and the deadline for the second part (submission of remaining documents) postponed until June 2020. Due to the unprecedented situation with Covid–19, a decision was taken to further defer the deadline for submission of remaining supporting documentation to 1 November 2021.
It is important to note that the suitability and safety of premises is a key concern in the assessment of quality provision for children in early years services. Section 58G of the Child Care Act, 1991 (as amended by Part 12 of the Child and Family Agency Act, 2013) places an onus on the providers of early years services to ensure that they take all reasonable measures to safeguard the health, safety and welfare of children.
Given the absolute priority to keep children safe in these services and to assist services in meeting these regulations, I have allocated funding under my Department's Annual Capital Programme 2021 for services to complete any outstanding fire safety works needed to obtain a Fire Safety Certificate. A total of €5 million has been allocated across 643 services to carry out remedial works to ensure these services will be fully compliant with fire safety standards as set out in Tulsa's registration requirements.
Childcare Services
Ceisteanna (386)
Emer Higgins
Ceist:386. Deputy Emer Higgins asked the Minister for Children, Equality, Disability, Integration and Youth if he has engaged with an organisation (details supplied) or childminders who work in private homes to ensure their experiences are reflected in the National Action Plan for Childminding; and if he will make a statement on the matter. [34738/21]
Amharc ar fhreagraFreagraí scríofa
The National Action Plan for Childminding, which was published in April 2021, aims to improve access, through childminding, to high quality and affordable childcare. The Action Plan sets out a pathway over the next 8 years towards regulation, support and subsidies for all paid, non-relative childminders. The Action Plan will involve change and will bring significant benefits for childminders, and for the children and the families using their services. A National Action Plan for Childminding Steering Group will be established shortly, to drive, oversee and monitor implementation of the National Action Plan. The Steering Group will be supported by four Advisory Groups in relation to: regulation and inspection; training and support; funding and financial supports; and consultation and communications. The National Action Plan commits to representation of childminders, parents and other key stakeholders on the Steering Group, which will be chaired by my Department. Additionally the National Action Plan commits to representation of childminders on all four Advisory Groups. Initial work on some aspects of future training for childminders began prior to launch of the National Action Plan, in the context of on-going work on developing a Workforce Development Plan for early learning and care and school-age childcare. In order to draft proposals, a working group was established specifically on childminding. The working group has strong representation of childminding views. Of its 12 members, six are childminders or work exclusively with or for childminders, while other members represent the views of parents, the statutory regulator (Tusla) and organisations which have provided extensive support for childminders. All decisions on the design and implementation of training programmes for childminders will be made by the Steering Group of the National Action Plan for Childminding. The National Action Plan itself was based on extensive consultation and engagement with childminders, and the blueprint for the National Action Plan was the 2018 report of the Working Group on Reforms and Supports for the Childminding Sector, which was coordinated and chaired by Childminding Ireland. The National Action Plan commits to further consultation with childminders, especially during Phase 1 of the Plan when developing regulations specific to childminders.Officials in my Department have been engaging with the organisation in question on their specific concerns. While discussions are ongoing, I am hopeful that all relevant organisations that have a significant role in representing or supporting childminders will be actively involved in the oversight and advisory structures for the National Action Plan.
Departmental Policies
Ceisteanna (387)
Holly Cairns
Ceist:387. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way his Department and public bodies and agencies under his remit fulfil their obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014; and if he will make a statement on the matter. [34849/21]
Amharc ar fhreagraFreagraí scríofa
My Department has carried out an assessment of the human rights and equality issues it believes to be relevant to its functions and purpose as required under section 42 of the Irish Human Rights and Equality Commission Act 2014. My Department has also outlined the policies, plans and actions in place or proposed to be put in place to address those issues in its Public Sector Assessment and Implementation Plan, which was published on 11 March 2021.
With regard to the aegis bodies under my Department's remit, I have asked those bodies to respond directly to the Deputy on the implementation of their obligations under section 42 of the Irish Human Rights and Equality Commission Act 2014.
Disabilities Assessments
Ceisteanna (388)
Holly Cairns
Ceist:388. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way his Department and public bodies and agencies under his remit undertake disability impact assessments; the process by which these assessments are monitored; and if he will make a statement on the matter. [34866/21]
Amharc ar fhreagraFreagraí scríofa
The focus of my Department is on the development of an integrated equality proofing process that covers all nine equality grounds plus poverty rather than on separate impact assessments.
My Department is co-lead, with the Department of Public Expenditure and Reform, on the EqualityBudgeting Expert Advisory Group (EBEAG) and has funded a policy scan undertaken by the OECD to support this process. In March 2021, the Government agreed to establish an inter-departmental group for Equality Budgeting, to facilitate the embedding of the initiative across all Government departments.
Equality Budgeting aims to provide greater information on how proposed or ongoing budgetary decisions impact on particular groups in society, thereby integrating equality concerns into the budgetary process. Providing greater information on the likely impacts of budgetary measures facilitates the integration of equality concerns into the budgetary process, helping to avoid unintended adverse outcomes and enhancing the Government’s decision making framework. Disability is a specific strand in this process.
Residential Institutions
Ceisteanna (389, 391)
Holly Cairns
Ceist:389. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way in which his Department is facilitating and addressing subject data access requests by survivors of institutional abuse; and if he will make a statement on the matter. [34893/21]
Amharc ar fhreagraHolly Cairns
Ceist:391. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way in which his Department is facilitating and addressing subject data access requests by survivors of institutional abuse; and if he will make a statement on the matter. [34895/21]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 389 and 391 together.
Former residents of Mother and Baby Homes can make a Subject Access Request (SAR) to my Department for access to their record. My Department is cognisant of its obligations as a data controller when responding to SARs and is responding on a case by case basis to individuals within the timeframes required by the GDPR.
GDPR provides that the one month period for SARs 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. The deadline for responding to SARs commences from the time the identity of the requestor is verified. My Department is responding to SARs in accordance with its GDPR obligations and engages with each data subject in relation to the progress of their request.
The right of a person to obtain a copy of their personal data, contained in Article 15 of the GDPR, is not absolute. It is specifically limited by reference to the rights of others, which must not be adversely affected by the right of a data subject to obtain a copy of their personal data. Therefore, in responding to a SAR, my Department must consider the rights of the data subject and also ensure that the rights and freedoms of others are not adversely affected. The consideration of adverse effects and the balancing of rights test is a critical part of the SAR process and can be highly complex. My Department also has regard to applicable Regulations such as S.I. No. 82/89 – Data Protection (Access Modification) (Health) Regulations, 1989 where health data is included in a record.
My Department, in consultation with the Attorney General, developed guidelines which set out the steps that must be taken in response to each subject access request.
In order to assist the processing of subject access requests and to vindicate the rights of data subjects, my Department has put in place a multi-disciplinary team which includes legal and data protection expertise. In addition, my Department has engaged external data protection consultants to support the processing of SARs.
Information relevant to making a SAR is available on my Department's website. The webpage also includes a detailed guide to making a SAR that provides responses to Frequently Asked Questions. The guide includes information on the different means available to make a SAR such as by email, post or other means.
In addition, my Department also operates a dedicated telephone information line which provides information to callers on procedures for making a SAR in respect of records relating to the Mother and Baby Home Commission of Investigation.
Rights of People with Disabilities
Ceisteanna (390)
Holly Cairns
Ceist:390. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will ensure that the ratification process for the Convention on the Rights of Persons with Disabilities Optional Protocol occurs separately to the first reporting cycle in the UNCRPD; and if he will make a statement on the matter. [34894/21]
Amharc ar fhreagraFreagraí scríofa
The Programme for Government reiterates the commitment to ratify the Optional Protocol after the first reporting cycle. That timeline remains the objective.
This position has been based on the assumption that Ireland's initial State Report would be examined by the UN Committee on the Rights of Persons with Disabilities. If it emerges that there are delays in the scheduling of Ireland's appearance before the Committee, my Department will begin the work to assess the actions needed for ratification of the Optional Protocol. That process would begin following the commencement of the Assisted Decision-Making (Capacity) Act 2015 and when the Decision Support Service is operational, both of which are due to occur by the end of June 2022.
Ultimately, the recommendation on ratification will be taken to Government in a memorandum brought by the Minister for Foreign Affairs.
Question No. 391 answered with Question No. 389.