Written Answers Nos. 342-359
344. Deputy Neale Richmond asked the Minister for Foreign Affairs the status of the Thirty-Ninth Amendment of the Constitution (Presidential Elections) Bill 2019; and if he will make a statement on the matter. [3299/22]
Amharc ar fhreagraThe Government is committed to holding a referendum on extending the franchise at Presidential elections to Irish citizens living outside the State as set out in the Programme for Government and affirmed in the new Diaspora Strategy which was launched in November 2020.
To this end the Government restored the Thirty-Ninth Amendment of the Constitution (Presidential Elections) Bill 2019 to the Dáil Order Paper. The Bill is presently awaiting second reading.
The Government has yet to consider the timing of the referendum. Before any referendum can be scheduled, relevant legislation has to be passed. My Department and the Department of Housing, Local Government and Heritage continue to work closely on this issue to facilitate the holding of the referendum once the Government decision has been made.
345. Deputy Brendan Smith asked the Minister for Foreign Affairs if he has had recent discussions with the Secretary of State for Northern Ireland and with members of the Northern Ireland Executive in relation to the introduction of a bill of rights in Northern Ireland; and if he will make a statement on the matter. [3356/22]
Amharc ar fhreagraA Bill of Rights for Northern Ireland is a central provision of the Good Friday Agreement . The Agreement sets out that a Bill of Rights for Northern Ireland should be based on the European Convention on Human Rights, enhanced by additional rights to “reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem.”
The full implementation and effective operation of the Good Friday Agreement and all subsequent implementation agreements is a central priority for this Government. These agreements, as well as the principles and values underpinning them, are at the core of the Government’s approach to peace, reconciliation and prosperity on this island.
The Government advanced the view during the 2014 Stormont House talks that a Bill of Rights could set out precisely and formally the rights upon which a shared society for Northern Ireland could be based. While there was not sufficient consensus to take this forward, the final Agreement did provide that the parties commit to: “serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination; to promote a culture of tolerance, mutual respect and mutual understanding at every level of society, including initiatives to facilitate and encourage shared and integrated education and housing, social inclusion, and in particular community development and the advancement of women in public life; and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.”
As agreed as part of the New Decade, New Approach agreement, an Ad-Hoc Assembly Committee has been established, and the Committee published its research paper on the “Key Issues for a Bill of Rights” in March 2020, and launched a public consultation in May. The Northern Ireland Human Rights Commission (NIHRC) was established as a result of the Good Friday Agreement. It is part of a wider package of safeguards to ensure that every citizen in Northern Ireland is guaranteed equal status and equal protection under law. In February 2021, the NIHRC produced a response to the public consultation of the Ad-Hoc Committee, which emphasised that there is a need to harmonise the European Convention on Human Rights, as domesticated through the Human Rights Act, and any proposed Bill of Rights for NI to ensure a complementary interpretation about the meaning and scope of human rights.
At present, the Ad-Hoc Assembly Committee has concluded holding formal evidence gathering sessions on a Bill of Rights for Northern Ireland. The next step, as agreed as part of the New Decade, New Approach Agreement, is for the First and deputy First Ministers to jointly appoint a Panel of five experts to assist the Committee in preparing its report.
As outlined in the Programme for Government, the Government is committed to working in support of the full implementation of the NDNA.
An NDNA Implementation Review Meeting is planned for the period ahead, which provides for an opportunity to discuss progress made to date as well as outstanding commitments.
346. Deputy Paul Murphy asked the Minister for Foreign Affairs the reason his Department did not issue a statement in relation to the brutal repression of an uprising in Kazakhstan which resulted in the reported killing of more than 160 protesters and the arrest of more than 8,000 persons; and if he will make a statement on the matter. [3456/22]
Amharc ar fhreagraI refer the Deputy to reply to Parliamentary Question No. 659 which addressed the situation in Kazakhstan.
As indicated in that statement, I continue to be deeply concerned by recent developments in Kazakhstan. 164 people were reported to have been killed in violent clashes, and over 12,000 people arrested. It appears that initially peaceful protests at the beginning of the year rapidly escalated into violent clashes between apparently well-organised groups and the authorities. I welcome that calm has now been largely restored.
However, I am particularly concerned at reports that orders to open fire with lethal force were issued. The UN Special Rapporteur on counter-terrorism and human rights has called for an independent, impartial, effective and public investigation to determine the legality of the use of force and to ensure accountability when lethal force was used by security services, law enforcement or the military. Ireland supports this call. Any domestic investigation must consider Kazakhstan's international human rights obligations.
Ireland will use our platforms at the EU and the UN to emphasise the importance of protecting the human rights and fundamental freedoms of Kazakhstan’s people. If people wish to assemble peacefully and express their wish for democratic or economic reforms, that is their right and it must be protected. Ireland supported the 8 January statement of High Representative Josep Borrell Fontelles on the situation in Kazakhstan.
I have not been in direct contact with the Government of Kazakhstan or civil society organisations in that country in recent weeks, but my officials and I will use any bilateral opportunities that arise to raise Ireland’s concerns.
The Embassy of Ireland in Moscow remains in contact with a number of Irish citizens resident in Kazakhstan. The Embassy is available to provide consular assistance to any Irish citizens who may require it.
347. Deputy Paul Murphy asked the Minister for Foreign Affairs the time at which he attended Iveagh House in the evening of 17 June 2020; and if there were indications of a social gathering when he was present. [3457/22]
Amharc ar fhreagraAs the Deputy will be aware, the Department is currently carrying out a review of the workplace arrangements on 17 June 2020. The review will be completed by the end of this month and will include a timeline of that day.
I was working in my Department on the day of the UN Security Council vote on 17 June. Prior to the announcement of the result of the vote I went to Government Buildings to watch the vote. I remained in Government Buildings following the vote that night to make some calls and attend a press conference. Following the press conference, I returned to my Department. I visited the UN Section of Iveagh House to speak with staff who had been involved in the UN campaign. I thanked the officials who were in their workplace on a workday for the work they had done on behalf of the State and for their significant contribution to the successful result. Subsequently, I returned to my office in Iveagh House to prepare for a call with the Norwegian Foreign Minister, and for ongoing briefings on the coalition government negotiations.
348. Deputy Paul Murphy asked the Minister for Foreign Affairs when it was decided to conduct a Departmental investigation into the event in Iveagh House on the evening of 17 June 2020. [3458/22]
Amharc ar fhreagraThe Department commenced the review referred to by the Deputy on 13 January 2022, to be completed by the end of this month.
349. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if he has sought assistance from the European Commission in respect of the continuing detention of a person (details supplied); if not, if he will engage with the Commission for the purpose of securing its assistance in seeking the release of the person; and if he will make a statement on the matter. [3470/22]
Amharc ar fhreagraThere has been extensive engagement on the referenced case at the most senior political and diplomatic levels. I can assure the Deputy that all possible efforts continue to be made through multiple channels – by myself as Minister and at senior political levels here in Dublin; as well as by our diplomats in Beijing, Shanghai and elsewhere throughout our diplomatic network.
This includes my discussions with the Chinese Minister for Foreign Affairs, Mr. Wang Yi, when I met him in May during my visit to China, as well as my correspondence since then with the Minister reiterating my continuing serious concern about the case. There has also been communication at the Head of Government level by An Taoiseach.
In all cases, our engagement has stressed the urgent importance of the citizen being allowed to return home as soon as possible. In the meantime, the Department of Foreign Affairs has been providing ongoing consular advice, support and assistance to the citizen concerned.
As with all consular cases, it would not be appropriate to discuss the specific details of the case, nor to comment publicly on any matters raised that are related to it.
350. Deputy Alan Farrell asked the Minister for Foreign Affairs the status of Ireland’s engagement with the European Commission in relation to the Commission Work Programme 2021 and particularly the efforts to develop a new legislative proposal to prevent and combat gender-based violence against women and domestic violence; and if he will make a statement on the matter. [3475/22]
Amharc ar fhreagraIreland is very supportive of the Commission Work Programme 2021 and we will be working closely with our European partners to implement the measures outlined, including in respect of gender-based violence.
Violence against women and girls constitutes a serious human rights abuse, a form of discrimination against women, and a major obstacle to the achievement of gender equality. Achieving gender equality, including the elimination of violence against women and girls and domestic violence, is a foreign policy priority for the Government.
While the Department of Justice will have responsibility for examining the detail of the proposal when published, I very much welcome the commitment in the European Commission’s 2021 Work Programme to develop a legislative proposal to prevent and combat gender-based violence, violence against women and domestic violence.
351. Deputy Mary Lou McDonald asked the Minister for Foreign Affairs his Department’s total capital and current expenditure budget for 2021 and 2022 for domestic, sexual and gender-based violence with a breakdown for each related allocation for both years in tabular form. [3500/22]
Amharc ar fhreagraA Better World, the Government's policy for international development, establishes gender equality as a policy priority.
Ireland is consistently among those OECD countries with the highest annual proportion of official development assistance (ODA) invested in gender equality measures. The 2019 annual report on Government of Ireland ODA had a particular focus on the wider Irish Aid support for gender equality, while in 2020, approximately €290 million of Ireland’s bilateral allocable aid contributed to gender equality.
In 2021, my Department, through the Irish Aid programme, committed to provide approximately €15 million annually to address GBV in emergencies and Female Genital Mutilation, beginning this year. This built on the €10 million Irish Aid invested during 2020 on specific actions to mitigate or prevent gender-based violence, or in support of those who have suffered from GBV. Among the key Irish Aid partnerships Ireland's long-standing partnership with the International Rescue Committee supports their work to prevent and respond to GBV, with a commitment of €1.8 million in funding for 2022. It is planned to increase this to reach an annual budget of €3m by 2024.
The Department is a member of the Irish Consortium on Gender Based Violence, an Irish based alliance of International human rights, humanitarian and development organisations, including International NGO’s, Irish Aid and the Defence Forces. Amongst other things, the Consortium facilitates advocacy and lesson-sharing, as well as developing the capacity of Irish NGOs to respond to GBV. My Department provides €70,000 annually to enable the work of the Consortium.
Multilateral efforts are an essential component of our work to prevent and respond to GBV. This includes Irish Aid funding of €250,000 in 2021 to the UN Trust Fund to End Violence Against Women, supporting efforts to address GBV at grassroots level in over 80 countries. My Department will double this support to €500,000 in 2022.
Irish Aid provides €3.5 million per year to UNFPA (the UN Population Fund). UNFPA’s core mandate includes the objective of addressing GBV in development and humanitarian settings, through its provision of sexual and reproductive health services, and through explicit efforts to address harmful practices such as genital mutilation and child marriage.
Over 20% of Ireland's ODA funding goes through EU channels, where Ireland is a strong advocate for coordinated work to reduce sexual and gender-based violence. European initiatives on this matter include the global Spotlight Initiative, launched in 2017 with funding of €500 million, and a high-level partnership with the UN to highlight gender equality and women’s empowerment as a driver for achievement of the Sustainable Development Goals.
The table below sets out funding from headquarters departments to international initiatives and partners. It does not include Ireland’s share of EU funding, nor does it include funding through bilateral missions overseas or Irish NGOs. The final outturn for 2021 Irish Aid expenditure on GBV and other gender equality measures is currently being calculated against agreed OECD markers, with the full expenditure profile to be published in the 2021 annual report on Government of Ireland ODA.
The table below sets out Irish Aid funding to specific international initiatives and partners during 2021 and projected funding for 2022. It does not include Ireland’s share of EU funding, nor does it include relevant 2021 funding through bilateral missions overseas or Irish NGOs, which is currently being calculated.
|
Organisation/ initiative |
2021 |
2022 |
|
International Rescue Committee |
€1.8m |
€1.8m |
|
Raising Voices |
€250,000 |
€250,000 |
|
ICGBV |
€70,000 |
€70,000 |
|
Ifrah Foundation |
€30,000 |
€30,000 |
|
UN Trust Fund to End Violence against Women |
€250,000 |
€500,000 |
|
UNFPA (a portion of core funding) |
€3.5m |
€3.5m |
352. Deputy Catherine Murphy asked the Minister for Foreign Affairs the number of civilian and Garda ministerial drivers in his current corps of drivers; the breakdown of the civilian versus Garda drivers; and the total costs including salaries, maintenance, fuel and so on incurred by the driver corps in 2020 and 2021. [3968/22]
Amharc ar fhreagraMy security arrangements are handled by An Garda Síochána. As the Deputy will appreciate, it would not be appropriate to comment on such security arrangements which are kept under ongoing review by An Garda Síochána.
My Department also has four Civilian Drivers, who are each paid a salary of €38,296 p.a. Total mileage claimed in respect of official travel of Ministers of State was €21,989 in 2020 and €15,704 in 2021.
353. Deputy Sorca Clarke asked the Minister for Defence if he will give consideration to the provision of a pandemic service medal for the Defence Forces given the acknowledgement of the significant contribution made by the Defence Forces to Operation Fortitude to the HSE and to the people of Ireland during the Covid-19 pandemic; and if he will make a statement on the matter. [3135/22]
Amharc ar fhreagraAt the beginning of the Covid-19 pandemic, a Joint Task Force was established to coordinate the Defence Forces contribution to the whole-of-Government Covid-19 response. A wide range of supports have since been provided by the Defence Forces to the HSE as well as to other Departments and Agencies, including support to the ongoing vaccination programme. Currently the focus remains on dealing with the ongoing Recovery phase.
Medals are awarded to members of the Defence Forces in line with Defence Force Regulation (DFR) A9, which sets out the qualifying criteria, delineates the procedures required for the awarding of Defence Forces Medals and sets out the various types of medal awards. Currently there are no plans to amend DFR A9 in relation to the introduction of new medals and therefore, the question of issuing a medal to Defence Forces personnel engaged in aid-to-the-civil-authority operations in conjunction with the Health Service Executive or in Operation FORTITUDE, is not under consideration at this point in time.
354. Deputy Aengus Ó Snodaigh asked the Minister for Defence if his attention has been drawn to an issue in the Air Corps (details supplied); and if he will make a statement on the matter. [3211/22]
Amharc ar fhreagraChapter 2 of Administrative Instruction A7 provides a formal mechanism for individuals, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. Notifications are sent to my office and to the office of Ombudsman for the Defence Forces (ODF) formally when any Chapter 2 complaint is submitted, as is notice of its subsequent outcome. Under this mechanism there exists further recourse for the complaint to be referred to the ODF for review and recommendation if appropriate.
A serving member may also, in line with Section 6 of the Ombudsman (Defence Forces) Act 2004, submit a complaint directly to the Ombudsman, without having first initiated a complaint under the Redress of Wrongs process. Former members of the Defence Forces may also make their complaint directly to the ODF. In addition, Section 6 also allows for complaints to be submitted to the ODF by serving and former members of the Defence Forces in relation to an action taken by a civil servant which affected the member concerned.
As the Deputy will be aware, the Ombudsman is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.
In relation to the issue raised, the military authorities have informed me that the General Officer Commanding the Air Corps has investigated the statement contained within this Parliamentary Question, and has found that there is no evidence to support it.
However, I wish to assure the Deputy that any type of inappropriate or intimidating behaviour within the Defence Organisation is unacceptable and I would urge anyone who considers they have experienced such behaviour to avail of the mechanisms outlined. I can assure the Deputy that both I, as Minister, and the Defence Organisation, are committed to providing a positive and progressive place of work for all employees.
355. Deputy Mary Lou McDonald asked the Minister for Defence his Department’s total capital and current expenditure budget for 2021 and 2022 for domestic, sexual and gender-based violence with a breakdown for each related allocation for both years in tabular form. [3495/22]
Amharc ar fhreagraThe high-level goal of the Defence Organisation is to ‘provide for the military defence of the State, contribute to national and international peace and security and fulfil all other roles assigned by Government’.
Defence outputs are delivered under a single programme in Vote 36 (Defence) under a range of subheads. While there is no dedicated subhead, capital or current, for domestic, sexual and gender based violence, a range of HR supports, including the Personnel Support Service and a counselling helpline, are provided for within existing expenditure.
As the Deputy will be aware, my Department has been working on the terms of reference for an Independent Review to examine the effectiveness of systems, policies and procedures currently in place to address workplace issues relating to discrimination, bullying, harassment, sexual harassment, and sexual misconduct in the Defence Forces.
356. Deputy Louise O'Reilly asked the Minister for Education when the parents of a student (details supplied) can expect the results of their appeal to her Department under section 29 of the Education Act 1998. [2878/22]
Amharc ar fhreagraThe section 29 appeal hearing in respect of the application to which the Deputy refers is scheduled hearing for the first week in February, the outcome of the appeal will issue to the applicant and school shortly thereafter.
357. Deputy Emer Higgins asked the Minister for Education if her attention has been drawn to a campaign by an organisation (details supplied); her views on the campaign; and if she will make a statement on the matter. [2889/22]
Amharc ar fhreagraThe Department is aware of the campaign. Special Needs Assistants (SNAs) play a huge role in helping to ensure the inclusion of pupils with significant care needs in education and in school life. This was acknowledged in the Comprehensive Review of the Special Needs Assistant Scheme (SNAs) published by the National Council for Special Education (NCSE) in 2018.
The Review made a number of recommendations regarding SNAs including referencing the training needs of SNAs. In this regard, the NCSE recommended that a new national training programme at Level 5 of the National Qualification Framework be developed for existing SNAs who do not have the requisite level of training and for new SNAs on appointment. The NCSE also recommended that training tailored to the specific complex needs of some students being cared for by SNAs would also be provided.
The policy advice has been considered by the Department. It was decided that priority should be given to the development of a training programme for SNAs who may not have had a recent opportunity to access a training programme tailored to their role. The new first national training course for SNAs provided by UCD is now in place and aims to enhance the knowledge, skills and expertise of SNAs whose work is central to the inclusion of students with additional care and complex needs in school life. The programme is fully funded by the Department and delivered at no cost to the SNA.
This is the first national training programme for SNAs employed in schools and is tailored to their needs. As this is the first programme, it is appropriate to take the time to review outcomes which will inform the future approach to ongoing training and professional development of SNAs. Part of that consideration will include accreditation.
Raising the minimum qualification for appointment as a special needs assistant has been referred to the Workplace Relations Commission and the Department has been engaging in that process.
The recruitment and appointment of Special Needs Assistants is a matter for the individual school authority and the Department's circular 36/2020 and 51/2019 sets out the current educational requirements for appointment as a Special Needs Assistant (SNA). In addition, the actual requirements for a post will vary depending on the specific needs of the children and the school to which the SNA is to be appointed. The Department does not believe that the existing minimum qualifications has impacted on the calibre of person appointed and it is also the case that people with experience and/or higher qualifications than the minimum are often the successful candidate in competitions held by schools.
However, having considered the claim and, in particular, the period of time since they were set, the Department is open to reviewing the position. However, the Department is not yet in a position to indicate when that review might take place but is of the view that the forthcoming review of the SNA contract proposed as part of the Building Momentum national pay agreement should be carried out and implemented first.
358. Deputy Louise O'Reilly asked the Minister for Education if her Department has plans for an Irish language secondary school in the Swords, Malahide area of County Dublin (details supplied). [2899/22]
Amharc ar fhreagraI wish to advise the Deputy that new schools are established by my Department on the basis of identified demographic demand in an area. In order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, including Child Benefit and school enrolment data, to identify where the pressure for school places across the country will arise and where additional school accommodation is needed at primary and post-primary level.
The most recent projections for the Swords and Malahide_Nevinstown school planning areas do not indicate a requirement for the establishment of a new post primary school.
Major new residential developments in a school planning area have the potential to alter demand in that area. In that regard, as part of the demographic exercises, my Department engages with each of the local authorities to obtain the up-to-date information on significant new residential development in each area. This is necessary to ensure that schools infrastructure planning is keeping pace with demographic changes.
Where demographic data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, be provided through:
- Utilising existing unused capacity within a school or schools,
- Extending the capacity of a school or schools,
- Provision of a new school or schools.
A patronage process is run after it has been decided, based on demographic analysis, that a new school is required. The New Schools Establishment Group (NSEG) is an external independent advisory group which was set up in 2011 to advise the Minister on the patronage of new schools. The patronage process is open to all patron bodies and prospective patrons.
An Online Patronage Process System (OPPS) provides objective information to parents in the relevant school planning areas to assist them in making an informed choice about their preferred model of patronage and language of instruction, i.e. Irish or English for a new school. Parental preferences from parents of children who reside in the school planning areas concerned, together with other consideration such as the extent of diversity of provision currently available in these areas (including Irish-medium provision), are key to decisions in relation to the outcome of the process and to whether at post-primary level a school would take the form of an Irish-medium Gaelcholáiste or whether, if English-medium, the school would include an Irish-medium unit or “Aonad”.
Following their consideration of my Department’s assessment reports, the NSEG submits a report with recommendations to me for consideration and final decision. The assessment reports and the NSEG recommendations for all such patronage processes are made available on my Department's website.
The other mechanism to establish an Irish-medium post-primary school is for a case to be made by the relevant school patron for an existing Aonad to transition to a standalone Gaelcholáiste. Where an Aonad does not currently exist, a patron of a post-primary school, including those in Swords and Malahide areas, may make an application to the Department for the establishment of an Aonad in the post-primary school under its patronage.
My Department will continue to work to ensure that there is sufficient capacity in the area to meet school place demand and will keep the requirements in Swords and Malahide_Nevinstown, as with all other school planning areas, under review.
359. Deputy Thomas Pringle asked the Minister for Education the status of the new school building for a school (details supplied) in County Donegal; when the school will be completed and the children moved from the cold and damp prefabs into the new building; and if she will make a statement on the matter. [2915/22]
Amharc ar fhreagraThe major building project referred to by the Deputy is currently at an advanced stage of architectural planning, Stage 2(b) - Detailed Design, which includes the applications for Planning Permission, Fire Cert and Disability Access Cert and the preparation of tender documents. All statutory approvals have been secured.
The Design Team is currently working on the finalisation of the Stage 2(b) report which upon completion will be submitted to my Department for review and approval. In order to expedite the project, the Design Team has been authorised to prequalify a shortlist of contractors.
Upon receipt and review of the Stage 2(b) report, and the completion of the prequalification process, my Department will be in contact with the school and its Design Team regarding the timeframe for further progression of the project.
