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Gnáthamharc

Thursday, 30 Sep 2021

Written Answers Nos. 286-305

Childcare Services

Ceisteanna (286)

Jennifer Whitmore

Ceist:

286. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to reports that childcare workers are not being paid when they are excluded from work due to Covid-19 cases in a class and pod; and if he will make a statement on the matter. [47205/21]

Amharc ar fhreagra

Freagraí scríofa

From the outset of Covid-19, my Department has engaged closely with the HSE Health Protection Surveillance Centre in keeping the sector informed of how to comply with public health guidance. This guidance includes advice for services on how to manage a confirmed case in their service.

As is always the case, the terms and conditions of employment are a matter for the employer and the employee. If the employee is unable to work due to being required to self-isolate, they should be asked to submit a medical certificate confirming that they are medically unfit to return to work.

If the setting's sick leave policy allows for payment for sick leave, then this should be followed and the Employment Wage Subsidy Scheme (EWSS) will operate as normal for this staff member. Otherwise the employee should be advised to contact the Department of Social Protection in relation to possible to entitlements to illness benefit.

A series of guidance documents for providers and practitioners operating during the Covid-19 period have been developed by my Department and can be found on the First 5 website at first5.gov.ie/guidance.

Childcare Services

Ceisteanna (287)

Jennifer Whitmore

Ceist:

287. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the results of a report (details supplied) whereby 70% of the managers who responded to the survey, found it extremely difficult to recruit staff in the past 12 months; the measures he will carry out to address the impending staffing crisis in the sector; and if he will make a statement on the matter. [47246/21]

Amharc ar fhreagra

Freagraí scríofa

I acknowledge that many early learning and care (ELC) and school-age childcare (SAC) services are reporting staffing and recruitment difficulties, with increased pressures as a result of Covid-19. My Department is actively monitoring the issue and has sought data and evidence-based proposals from sectoral representatives.

The primary data-source for the ELC and SAC sector is the Pobal Annual Early Years Sector Profile. In the most recent published report (the 2019-20 report, published in 2021), 44% of services reported challenges in recruiting suitably qualified staff over the past 12 months. While this figure was down 9% from the previous year, it remains very high. The staff turnover rate has similarly fallen from 23% to 18%, but remains unacceptably high. 

Recruitment and recruitment difficulties in the sector are undoubtedly linked to poor terms and conditions in the workforce, with for example the average pay being €12.45 per hour.

I am very conscious of the need for significant improvement in pay and working conditions for practitioners in ELC and SAC 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, I cannot set wage levels or determine working conditions for staff in the sector. My Department has, however, over a number of years provided a range of supports to service providers to enable them to improve wages and working conditions.

I am committed to doing what is in my power to improve wages and working conditions. That is why last December I began a process to examine the possibility of regulating pay and conditions in the sector and the suitability of a Joint Labour Committee (JLC). In agreement with IBEC/Childhood Services Ireland, and SIPTU, I appointed Dr Kevin Duffy, former Chair of the Labour Court, 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.

In line with the provisions of the Industrial Relations Acts, the Labour Court recommended establishment of a JLC, and Minister English accepted the Labour Court’s recommendations. The Establishment Order came into effect at the beginning of July. The JLC will provide an opportunity for unions and employer representatives to work together to determine wages and working conditions for ELC and SAC.

In addition, work on a Workforce Development Plan for ELC and SAC continues, with a final report expected by the end of the year.

Childcare Services

Ceisteanna (288)

Jennifer Whitmore

Ceist:

288. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to a demand for more childcare places outside of ECCE hours; the steps he is taking to address demand; and if he will make a statement on the matter. [47247/21]

Amharc ar fhreagra

Freagraí scríofa

My Department closely monitors developments in relation to early learning and childcare capacity. Data is routinely collected from a variety of sources for this purpose. Local Authority level data is captured annually through the Early Years Sector Profile, administered by Pobal on behalf of the Department.  Owing to COVID, capacity data is not available for 2020. Before the onset of Covid-19, national data indicated that, on the whole, supply was meeting demand, with evidence of undersupply for certain age groups, and in certain areas. 

Ensuring that supply is sufficient to meet demand is a policy priority.

A 141% increase in investment over the last number of years has led to a doubling in the number of children receiving free or subsidised early learning and care and school-age childcare. It has also supported the sector to increase the number of places available - by 27,433 places nationally since 2015. New data on capacity was collected in May and June 2021, and is expected to be available in the latter part of the year. This will allow the Department to update our data on capacity at a Local Authority level, which will inform future planning and funding priorities. My Department has also committed to strengthen capacity to accurately forecast supply and demand, by including undertaking a regular national needs assessment. In addition, officials in my Department are planning research on the ELC/SAC needs of parents who work atypical hours or live in rural communities..

First 5: A ten-year whole-of-Government strategy for babies, young children and their families; pledges to build on this progress. Among key strategic actions in First 5 is a commitment to 'maintain and extend the supply of high-quality publicly subsidised ELC and SAC to best serve the developmental needs of babies and young children, ensuring that it also reflects the needs and preferences of parents and families'.

To deliver on this strategic action, a range of actions are under way, including an update of the National Planning Guidelines for the development of early learning and care and school-age childcare settings, the extension of regulation to all paid, non-relative childminders on a phased basis, the development of a strategic capital investment plan to deliver large-scale capital investment under Project 2040 and the development of a new funding model for ELC and SAC.

Childcare Services

Ceisteanna (289)

Jennifer Whitmore

Ceist:

289. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the way he plans to address flexibility of childcare hours given that flexible working arrangements are being promoted by Government; if he will address the need for greater flexibility in the childcare sector to meet this policy approach and the various new working arrangements parents are taking on board; and if he will make a statement on the matter. [47248/21]

Amharc ar fhreagra

Freagraí scríofa

The National Childcare Scheme (NCS), which was launched in 2019, is my Department's key funding scheme to support parents with the costs of early learning and childcare.

The NCS has been designed to be flexible, recognising that childcare needs are different for each family. In creating a single, national scheme, it was important to recognise these differences and create a system that could respond to them without affecting Early Learning and Care and School Age service providers.  For this reason, subsidies under the NCS are awarded as an hourly rate, along with a maximum number of hours for which that rate is payable.  The hourly rate of subsidy illustrates to parents their level of subsidy and will not affect service operations..

Parents and providers work together to decide on the amount of childcare that is needed and can be provided.  Providers continue to set their own fees, sessions and admissions policies. The NCS pays subsidies based on the hours of care agreed between the provider and the parent, up to the maximum hours awarded to the parent.

The National Childcare Scheme incorporates rules in relation to circumstances where a child leaves the service, is continuously absent from the service, or is not fully using the agreed place over a prolonged period.  These rules are intended to be child-centred, fair and proportionate, clear and consistent and recognise the need for flexibility for parents.  The rules reflect the realities of family life. They do not disadvantage parents or services for what would be considered minor non-attendances. At the same time, they recognise the need to protect State finances by ensuring that Exchequer funds are used to support the maximum number of families in need of financial support, represent value for money for taxpayers, and are allocated in accordance with robust and appropriate procedures.

International Protection

Ceisteanna (290)

Jennifer Whitmore

Ceist:

290. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth the status of the numbers of children and families from the Mória refugee camp who have been resettled in Ireland; and if he will make a statement on the matter. [47252/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that earlier this month 50 people (11 families) arrived from Greece. Four families entered the Community Sponsorship Programme and the remaining families have been allocated places in the Ballaghaderreen and Clonea accommodation centres.

With regard to unaccompanied minors relocated from Greece, the first 8 children arrived in 2020. A further 26 children arrived in 2021. There are now 34 separated children in Ireland from Greece in total, with a further two to arrive in the coming weeks. This will fulfil Ireland’s commitment to bring 36 separated children to Ireland from Greece following the fires in Moria.

Childcare Services

Ceisteanna (291)

Cormac Devlin

Ceist:

291. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to a Budget 2022 submission by an organisation (details supplied) which calls for a number of measures to tackle costs in the childcare sector; if he will consider the submission in Budget 2022; and if he will make a statement on the matter. [47360/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm this budget submission was among a number of budget submissions received by my Department in the context of this upcoming Estimates Process.

In the context of Budget 2022, I have stated publicly that early learning and childcare will be a key priority for me. In particular, I will be seeking additional investment to address affordability for parents, improve accessibility and quality for children, ensure providers can operate on a sustainable basis and that their employees can benefit from improved pay and conditions.

An Expert Group was established by my Department in 2019 to develop recommendations for the design of a new funding model to allocate additional funding anticipated for early learning and childcare in order to most effectively achieve these policy objectives.

The Expert Group is comprised of international and national figures who have significant experience of early learning and childcare quality, systems and financing.  The Group has undertaken an in-depth programme of research and analysis and engaged in an extensive and detailed stakeholder consultation process.  Among the extensive inputs to this Group has been a summary of all budget submissions received by my Department this year.

The report of the Expert Group is currently being drafted and is on track to be submitted to the Minister in November.  The work of this Group is informing my Department’s approach to Budget 2022.

Assisted Decision-Making

Ceisteanna (292)

Éamon Ó Cuív

Ceist:

292. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) Act 2015 will be fully implemented; when the promised new assisted decision-making (capacity)(amendment) Bill will be published; when the decision support service will also be established; and if he will make a statement on the matter. [47371/21]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is a very important piece of legislation that changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.  It will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871.  Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.  

The Government made a commitment in the Programme for Government to commencing the 2015 Act, recognising the importance of the much needed reform it represents.  We are working towards a date of June 2022 for full commencement and establishment of the Decision Support Service immediately thereafter.  An inter-departmental steering group is meeting regularly to prepare for commencement of the Act.  

Amendments are required to the 2015 Act before full commencement can take place.  Work is actively underway on an Assisted Decision-Making (Capacity) (Amendment) Bill, which will address a number of issues required to streamline processes and improve safeguards for those who will rely on the provisions of the Act. I expect to be in a position to publish a Bill by year-end, and to see it enacted next year.

International Protection

Ceisteanna (293)

Éamon Ó Cuív

Ceist:

293. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth the locations in which refugees arriving from Afghanistan will be accommodated initially on their arrival in Ireland; if they will be permanently accommodated in a small number of locations or dispersed throughout the State; the support that will be given to them on arrival and subsequently to settle in Ireland and make successful lives here; and if he will make a statement on the matter. [47378/21]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that refugees from Afghanistan are being admitted to Ireland with the assistance of the Irish Refugee Protection Programme (IRPP) of my Department.  

Programme refugees normally qualify, for instance, for housing provided by local authorities after spending some time in refugee accommodation centres, or through Community Sponsorship groups.  They also have access to intensive English language supports provided by Education and Training Boards.  However, due to the nature of arrivals from Afghanistan, the IRPP has sought to respond innovatively, including by seeking support from potential refugee sponsors and civil society organisations to enable it to maximise the number of places available on its programme for Afghan nationals.  

It is expected that not all arrivals from Afghanistan will need tailored supports for transition to the wider community and in such cases, supports normally extended to refugee families, such as language classes and orientation will not be required. Refugees will be assisted with access to services such as education and health by the IRPP to accelerate their integration to Irish society. 

Third Level Education

Ceisteanna (294)

David Cullinane

Ceist:

294. Deputy David Cullinane asked the Minister for Further and Higher Education, Research, Innovation and Science the number of medical training undergraduate places, by discipline available annually; and if he will make a statement on the matter. [47226/21]

Amharc ar fhreagra

Freagraí scríofa

The Higher Education Authority (HEA) collects statistical data on the number of medical students in the higher education institutions. The HEA does not collect data on the various disciplines that they are studying.

The following tables shows the numbers of first year medical enrolments for the most recent academic years, broken down by domicile group.

Numbers of First Year Enrolments

Domicile Group

2017/2018

2018/2019

2019/2020

2020/2021

(Other) EU

14

13

14

13

Great Britain

30

37

18

12

Ireland

665

660

693

721

Non-EU

579

598

620

649

Northern Ireland

9

7

8

8

Unknown

1

4

Total

1,298

1,319

1,353

1,403

Research and Development

Ceisteanna (295)

Neale Richmond

Ceist:

295. Deputy Neale Richmond asked the Minister for Further and Higher Education, Research, Innovation and Science if he has engaged with his European colleagues to ensure that Northern Ireland becomes associated with the Horizon Europe research programme; and if he will make a statement on the matter. [47290/21]

Amharc ar fhreagra

Freagraí scríofa

I would welcome strong engagement by Northern Ireland with Horizon Europe.

InterTradeIreland supports North/South collaboration between researchers and innovators on the Framework Programmes.  My Department continues to work closely with InterTradeIreland to facilitate collaborative opportunities which will arise from Horizon Europe.

All aspects of the UK’s association to the Horizon Europe Framework Programme on Research and Innovation (Horizon Europe) were agreed on 24 December 2020 through the Trade and Cooperation Agreement between the EU and the UK (TCA). 

The TCA has been provisionally applied since 01 January 2021.

Part V of the TCA addresses UK participation in EU programmes. It is complemented by a financial annex specifying the implementation of the financial conditions and by a draft protocol, called Protocol I.

This Protocol specifies the Programmes in which the UK will participate and the scope of its participation, as well as some rules specific to each programme, including Horizon Europe. This protocol is to be finalised and adopted by the joint EU-UK Specialised Committee on Participation in Union Programmes.

The European Commission is completing internal procedures to be able to adopt the Protocol and when the Protocol enters into force, the UK will be formally associated to Horizon Europe.

Third Level Admissions

Ceisteanna (296)

Robert Troy

Ceist:

296. Deputy Robert Troy asked the Minister for Further and Higher Education, Research, Innovation and Science his views on a situation in which a student maintains they received 345 points in their leaving certificate however the college that supplies their course of choice states they received 339 (details supplied). [47305/21]

Amharc ar fhreagra

Freagraí scríofa

Universities and Institutes of Technology determine their own procedures for admission.  The CAO process applications for undergraduate, and some postgraduate, courses on their behalf. Decisions on admissions are made by the Higher Education Institutions who then instruct the CAO to make offers to successful candidates. Neither I nor my Department have a role in the operation of the CAO and it is not within my remit to intervene in individual cases.

The CAO can be contacted directly with queries via their website.

If the issue is not resolved the applicant’s satisfaction, the option to appeal is available. The CAO has an Independent Appeals Commission, to which recourse may be had by applicants who believe that they have been treated unfairly by CAO, and whose complaints have not been resolved by CAO. The function of the Appeals Commission is to ensure that the rules are applied fairly.

Peace Commissioners

Ceisteanna (297, 298)

Brendan Griffin

Ceist:

297. Deputy Brendan Griffin asked the Minister for Justice if she will address a matter regarding the case of a person (details supplied); and if she will make a statement on the matter. [47267/21]

Amharc ar fhreagra

Brendan Griffin

Ceist:

298. Deputy Brendan Griffin asked the Minister for Justice the process for a person who wishes to apply to become a peace commissioner (details supplied). [47269/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 297 and 298 together.

As the Deputy may be aware, Peace Commissioners are appointed by the Minister for Justice under section 88 of the Courts of Justice Act 1924.  A Peace Commissioner is an honorary appointment and those appointed receive no remuneration or compensation by way of fees or expenses for their services.

An application for appointment may be made by a person on their own behalf or a nomination for appointment may be made by a third party in respect of a person considered suitable for appointment.

The appointment of a Peace Commissioner is entirely at my discretion as the Minister for Justice, however, the fact that an applicant or nominee may be suitable for appointment does not, in itself, provide any entitlement to appointment as a Peace Commissioner. This is because other factors, such as the need for appointments in particular areas, are taken into account. These regional requirements are kept under review.

An application for consideration to be appointed as a Peace Commissioner can be made at any time by contacting my office using the following contact details

Minister for Justice

Office of the Minister for Justice

51 St. Stephen's Green

Dublin 2

Ireland

D02 HK52.

Tel: + 353 1 602 8202

Locall: 1890 221 227

Email: info@justice.ie

Further information on the process can be found at www.justice.ie/en/JELR/Pages/Peace_Commissioners.

Question No. 298 answered with Question No. 297.

Visa Applications

Ceisteanna (299, 300)

Catherine Connolly

Ceist:

299. Deputy Catherine Connolly asked the Minister for Justice her plans to publish a policy decision to relax the usual evidentiary burden in relation to the supporting documents required for D visa applications in respect of persons currently in Afghanistan, particularly in view of the difficulties and risks associated with obtaining, translating and transporting original documents under the Taliban; if copies of supporting documents, such as passports and birth certificates, are currently being accepted by her Department in respect of visa applications from persons in Afghanistan; and if she will make a statement on the matter. [47275/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

300. Deputy Catherine Connolly asked the Minister for Justice if her Department is currently waiving the usual financial requirements in respect of D visas in respect of persons from Afghanistan as permitted by paragraph 1.12 of the December 2016 Policy Document on Non-EEA Family Reunification in view of the current humanitarian situation in Afghanistan; and if she will make a statement on the matter. [47277/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 299 and 300 together.

In response to the worsening humanitarian situation in Afghanistan, my Department is currently focused on processing applications for Afghan family members of Irish citizens and Afghan nationals living in Ireland. We are prioritising all such applications and processing them speedily and sympathetically.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website (www.irishimmigration.ie). Supporting documents are vital because they provide information about the applicant’s circumstances and identity. It is the applicant’s responsibility to satisfy the Visa Officer that a visa should be granted for the purpose sought.

The applicant must provide evidence of any claimed relationship to a sponsor in the State. The responsibility to show proof as to the genuineness of the relationship rests on the applicant and their sponsor. The nature of the evidence required will depend on the relationship claimed.

Ultimately, my Department must be able to determine the identity of the applicant, whatever documentation is provided. As commercial flights have resumed from Kabul airport, the applicant must have a valid passport to travel by commercial airline. The Visa Office also require original passports in order to place the visa sticker into them.  

The visa fee is an administration fee which covers the cost of processing an application and is not a charge for the visa itself. That remains the case, even in current circumstances.

Any requests for fee waivers are considered on a case by case basis. To determine if an application may be fee waivered, the sponsor should contact the relevant Visa Office in Abu Dhabi and outline in detail their circumstances.

The contact details for this office can be found at the following link: www.dfa.ie/irish-embassy/uae/contact-us/visa-queries/

As with all visa services worldwide, the overarching concern is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who are entitled to come to Ireland. 

Question No. 300 answered with Question No. 299.

Citizenship Applications

Ceisteanna (301)

Brendan Howlin

Ceist:

301. Deputy Brendan Howlin asked the Minister for Justice when the passports of persons (details supplied) currently held by the INIS and which will be required for travel purposes will be returned to the passport holders; and if she will make a statement on the matter. [47310/21]

Amharc ar fhreagra

Freagraí scríofa

The application of the person referred to by the Deputy has been received by the Immigration Service of my Department. I am advised that their passport will be returned to them in the coming days.

My Department has not suspended the receipt or processing of citizenship applications at any stage during the pandemic. However, processing rates have unfortunately been negatively impacted by the attendant health and safety related restrictions.  

Under normal circumstances, passports are returned approximately 10 days after their receipt.  However, the current limits on staff attendance in the office due to COVID-19 restrictions have resulted in delays in the return of some passports.  

Applicants are advised not to send in their application during the pandemic if they anticipate that they may have to travel at short notice. However, I fully appreciate that people may have to travel at short notice for emergency reasons.  The citizenship website advises that in these circumstances, applicants should email the citizenship helpdesk www.citizenshipinfo@justice.ie with the relevant details including postal tracking reference if available. Any request must be accompanied by appropriate scanned supporting material detailing the reasons for travel, such as medical information. Any request of this nature is dealt with promptly.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Domestic Violence

Ceisteanna (302)

Ruairí Ó Murchú

Ceist:

302. Deputy Ruairí Ó Murchú asked the Minister for Justice the status of the implementation of the recommendations included in the audit of structures for domestic, sexual and gender-based violence; and if she will make a statement on the matter. [47335/21]

Amharc ar fhreagra

Freagraí scríofa

I, and my Government colleagues, are deeply committed to tackling domestic, sexual and gender-based violence (DSGBV).

The independent audit into how responsibility for DSGBV is segmented across Government is an important piece of work that will, as the Deputy may be aware, inform the design of the Third National Strategy on domestic, sexual and gender-based violence.

Minister O’Gorman and I agreed on foot of the publication of the audit in July, and in line with its key recommendations, that the Department of Justice will continue to have lead policy responsibility for DSGBV. We also recognise that the policy and operational responses of a number of other Ministers and agencies will continue to be crucial in meeting the Government’s commitment to tackle all forms of domestic, sexual and gender-based violence.

We have also agreed that other recommendations in the audit should be considered as part of the development of the Third National Strategy on DSGBV.

This new strategy will place a priority on prevention and reduction and will include a National Preventative Strategy. I am determined it will be the most ambitious to date and will be published before the end of the year. The strategy will build on the experience of the last two strategies, the learning from the priority given to this work during the pandemic and the commitment and expertise of all bodies involved.

The audit outcome, the current review of accommodation needs undertaken by Tusla and the ongoing work of implementing Supporting a Victim's Journey, will all feed into the development of the next National Strategy on DSGBV.  

It is my intention to have a draft strategy ready for a further round of public consultation in the coming weeks.

Departmental Reports

Ceisteanna (303)

Ruairí Ó Murchú

Ceist:

303. Deputy Ruairí Ó Murchú asked the Minister for Justice the status of the independent research commissioned by her Department on familicide and domestic homicide; and if she will make a statement on the matter. [47336/21]

Amharc ar fhreagra

Freagraí scríofa

Justice Plan 2021 commits to publishing the independent research on Familicide and Domestic Homicide Reviews which has been commissioned by my Department. This will be an important first step to delivering on the Programme for Government Commitment to legislate to introduce Domestic Homicide Reviews.

This independent study is looking at international best practice in the conduct of domestic homicide reviews with a view to making recommendations in relation to their application in this jurisdiction.

My Department is not involved in the work of the study nor is it a member of the Advisory Group established to support the study. Maura Butler, who is a solicitor and has been a member of the Study’s Advisory Group since its establishment, agreed to take responsibility for leading completion of the study following the sad and untimely death of Norah Gibbons, who was previously responsible.

It is understood that the focus now is on the fair procedures part of the process and that this involves allowing any persons or organisations who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply. Invariably, this part of the process can take time as it involves engaging with multiple parties. However, it is an essential part of the process and must be completed before the report can be finalised.  

I am informed that the report will be finalised in the coming weeks and it will subsequently be published. When received, I will examine it in detail and will consider any recommendations made as a priority.

Domestic Violence

Ceisteanna (304)

Ruairí Ó Murchú

Ceist:

304. Deputy Ruairí Ó Murchú asked the Minister for Justice the steps her Department has taken in response to a report (details supplied) commissioned by expert groups; and if she will make a statement on the matter. [47337/21]

Amharc ar fhreagra

Freagraí scríofa

Women’s Aid are an important partner and carry out very important work in the area of domestic violence. In this context, my colleagues and I have considered the report referred to by the Deputy.

As the Deputy may be aware, there is a commitment in the Justice Plan 2021 to publish the independent research on Familicide and Domestic Homicide Reviews which has been commissioned by my Department. This will be an important first step in delivering on the Programme for Government commitment to legislate to introduce Domestic Homicide Reviews.

The independent study is looking at international best practice in the conduct of Domestic Homicide Reviews with a view to making recommendations in relation to their application in this jurisdiction. I must emphasise that the Advisory Group and their work is independent, and the Department of Justice is not involved in the work of the study nor is it a member of the Advisory Group.

I understand from the Study Lead that the focus now is on the fair procedures part of the process and that this involves allowing any persons or organisations who might be affected by the contents of the draft report (including the families concerned) to be given an opportunity to reply.  Invariably, this part of the process can take time as it involves engaging with multiple parties. However, it is an essential part of the process and must be completed before the report can be finalised. 

The Study Lead is working to complete the process in order to be able to proceed to finalising the report.

When received, I will examine the report in detail and I am committed to considering any recommendations made as a priority.

My Department is also leading the development across Government of the third national strategy on domestic, sexual and gender-based violence which will place a priority on prevention and reduction and will include a National Preventative Strategy. This new Strategy is being co-designed in partnership with the sector. It will be the most ambitious strategy to date and will radically improve services and supports for victims. The strategy is on track to be developed by my Department in consultation with all relevant Departments and stakeholders with a view to it coming to Government for approval before the end of 2021.

It may also interest the Deputy to know that the Government has considerably strengthened the law and structures targeting domestic, sexual and gender-based violence, as part of the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. Implementation of the strategy is monitored on an ongoing basis by a monitoring committee which is made up of representatives from state agencies and the community and voluntary sector, including Women’s Aid.

Central to this is the landmark Domestic Violence Act 2018, which came into force on 1 January 2019.  Other developments in this area include the enactment of the Criminal Law (Sexual Offences) Act 2017, which introduced a statutory definition of consent, and the Criminal Justice (Victims of Crime) Act 2017, which provides a wide range of measures and services to protect and inform victims during the progress of their case through the Criminal Justice system.

Gambling Sector

Ceisteanna (305)

Marian Harkin

Ceist:

305. Deputy Marian Harkin asked the Minister for Justice if she will undertake a review of online gambling regulations; and if she will make a statement on the matter. [47340/21]

Amharc ar fhreagra

Freagraí scríofa

My Department’s Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective. Work on the General Scheme of the Gambling Regulation Bill is at an advanced stage. The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme shortly. There is a clear path towards the regulator being established in early 2023.

When it is established, the regulator will have the necessary enforcement powers for licensing, and powers to take action where individuals or operators are failing to follow rules and regulations.  Operators offering activities in whole or in part online, will be subject to the licensing terms and conditions as set out by the regulator. Matters regarding enforcement will also be for the gambling regulator.

Key objectives of the regulator will be ensuring that gambling is conducted in a fair and open way for companies to make decisions in certainty, requiring safeguards including in relation to gambling advertising and preventing gambling from being a source or support to crime.

Furthermore, given the size, complexity and technological development of the modern gambling industry and having regard to the current outdated and complex arrangements, it will be important that the regulator will be established on a sound footing and be adequately resourced to carry out this important task. 

Further details on the functions and powers of the regulator will be outlined in the Scheme. 

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