Written Answers Nos. 541-559
541. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the training and information that will be provided to persons that will use the decision support service; the consultation that will take place with persons prior to developing the training; and if he will make a statement on the matter. [8229/22]
Amharc ar fhreagraThe Decision Support Service (DSS), the organisation that will operate the provisions of the Assisted Decision-Making (Capacity) Act 2015, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act.
As part of this IT infrastructure, a full range of publicly available information will be uploaded to the Decision Support Service website, allowing for interested persons to access real time information. Forms and guidance may also be downloaded from the website. Furthermore, the public will be able to contact the Decision Support Service who can provide bespoke assistance to individuals. Details of the training that will be provided to persons using its services are matters for the Decision Support Service.
The Decision Support Service is currently in the process of undertaking a broad consultation exercise on the codes of practice that will govern the operation of decision support arrangements, with two phases of public consultation taking place between November 2021 and February 2022. This information will be available for those interacting with the Decision Support Service, as well as for various professionals engaged in support or other arrangements.
Other agencies such as the Courts Service and Health Service Executive are undertaking training exercises, with the support of the Decision Support Service, to ensure that staff are prepared for the commencement of the 2015 Act.
A budget of €7.3 million has been secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to the Department of Children, Equality, Disability, Integration and Youth in 2020, and will ensure that the Service is properly resourced for the demands on its service.
542. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth the status of works on the new greenfield site for a service (details supplied); when works are likely to commence; and if he will make a statement on the matter. [8284/22]
Amharc ar fhreagraI wish to advise the Deputy that I am not in a position to comment on these matters which are more appropriate for the attention of my Cabinet colleague, the Minister for Health.
543. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 122 of 26 January 2022, the amount of the estimated €690.9 million annual cost of directly employed staff, pre-Covid-19 conditions, approximately covered by public funding broken down by scheme. [8336/22]
Amharc ar fhreagraMy Department provides a range of schemes to support Early Learning and Care and School-Age Childcare (ELC and SAC) service providers, and to support parents with the cost of ELC and SAC.
This table provides the 2022 Allocations for my Department's beneficiary schemes:
|
Beneficiary Scheme |
2022 Allocation |
|
Early Childhood Care and Education (ECCE) Programme Funding |
€ 272,600,000.00 |
|
ECCE AIM Programme Funding |
€ 33,000,000.00 |
|
National Childcare Scheme (NCS) and Savers Programme Funding |
€ 200,326,000.00 |
|
ECCE Programme Support Payments (PSP) |
€ 11,000,000.00 |
|
NCS and Savers Programme Support Payments (PSP) |
€ 8,400,000.00 |
|
Core Funding |
€ 68,700,000.00 |
|
Transition Fund |
€ 37,000,000.00 |
These figures do not include funding provided under the Employment Wage Subsidy Scheme (EWSS) to the ELC and SAC sector. Employers in the sector have been entitled to access the EWSS, with an exemption from the requirement to demonstrate the 30% drop in turnover that applies to other sectors since August 2020. Between October 2020 and January 2022 the enhanced rate of EWSS equalled €34 million, per month, for ELC providers, covering, on average, 80% staff costs or 50% total operating costs.
From 1 February 2022, the original two-rate structure of €203 per week and €151.50 per week applies; this amounts to €22 million per month for ELC providers, covering, on average, 50% staff costs or 38% total operating costs.
For March and April 2022 the flat rate subsidy of €100 per week will apply and the scheme will end on 30 April 2022; this amounts of €11 million per month in the sector, and will cover, on average, 25% staff costs or 11% total operating costs.
The Transition Fund is a once-off, COVID-19-related measure to support services between the end of the EWSS and the commencement of Core Funding in September.
The 2022 allocation for Core Funding is in respect of the September to December period only. The full-year equivalent allocation for Core Funding is €207 million.
The proportion of a service's income that is public funding varies based on a number of factors. ECCE covers the full cost of the programme and is free to parents, while NCS subsidies depend on parental income. As a result, the proportion of income of individual services that comes from public funding, and therefore the degree to which staff costs are covered by public funding, will vary considerably between services. In addition, these schemes do not provide funding specific to wage costs; as such, it is not possible to provide a breakdown by scheme of the degree to which staff costs are met by public funding.
The table below provides a breakdown of the degree of reliance on parental fees by services, based on data from the Independent Review of Costs.
|
Percentage of ELC & SAC Income from Parents' Fees |
Percentage of services |
|
0% |
32.1% |
|
10% |
21.3% |
|
20% |
10.5% |
|
30% |
6.3% |
|
40% |
5.8% |
|
50% |
5.1% |
|
60% |
4.5% |
|
70% |
5.1% |
|
80% |
4.0% |
|
90% |
3.0% |
|
100% |
2.4% |
The Independent Review of Costs found that payroll costs comprise approximately 68% of a service's total operating costs.
544. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the reason that he did not appoint experts with lived experience of adoption, mother and baby homes and related issues to the Birth Information and Tracing Implementation Group. [8351/22]
Amharc ar fhreagra545. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the reason that he did not appoint experts advocating on behalf of persons affected by adoption, mother and baby homes and related issues to the Birth Information and Tracing Implementation Group. [8352/22]
Amharc ar fhreagraI propose to take Questions Nos. 544 and 545 together.
In June 2021, I established the Birth Information and Tracing Implementation Group. This group is led by my Department, and includes representatives from the Adoption Authority of Ireland and Tusla, the Child and Family Agency. The Group's focus is on organisational and system readiness to support the provision of services under the proposed Birth Information and Tracing legislation.
As part of the work of the Implementation Group, it was agreed that engagement with stakeholders would be beneficial to prepare for enactment and, to this end, I intend to convene a stakeholder reference group.
It is envisaged that the work of this reference group will be aimed at supporting preparations for the implementation of the legislation when enacted. Its work will have specific regard to how individuals will apply for their information including application forms, processes and the public information campaign that will support implementation.
In advance of, and during the drafting process for the Birth Information and Tracing Bill, I have continued to engage with and listen to stakeholders who are affected by the provisions of the Bill. I am immensely grateful to all of those people who gave their time to relay their experiences, concerns and proposals. I have also engaged with hundreds of individuals on the topic of the Birth Information and Tracing Bill through individual pieces of correspondence.
These consultations and engagements were highly productive, with a range of themes emerging and informing the Birth Information and Tracing Bill.
546. Deputy Brendan Griffin asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider the introduction of incentives for plumbers, electricians and other trades to take on apprentices and subsidise their wages in relation to the new retrofit programmes for homes. [8153/22]
Amharc ar fhreagra547. Deputy Brendan Griffin asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider the introduction of incentives for plumbers, electricians and other trades to take on apprentices and subsidise their wages in relation to the new retrofit programmes for homes. [8154/22]
Amharc ar fhreagraI propose to take Questions Nos. 546 and 547 together.
Apprenticeship is a work based learning opportunity. It is an employer-led offering based on a contract of employment between the apprentice and their respective employer. It incorporates a minimum of 50% on-the-job training with off-the-job training which is delivered in a number of different ways according to the apprenticeship programme. This ranges from remote or online learning to one day per week in an education institution or periods of off-the-job training (typically from 10-20 weeks) in an education and training institution at further or higher education level.
Retrofit activity covers a range of tasks and professions including craft trades and operative level occupations in the construction sector. Among the current 62 apprenticeships available at levels 5-10 of the National Framework of qualifications there are apprenticeships which would deliver skills suitable to retrofit activity include plumbing, carpentry and joinery, plastering and painting and decorating and the recently launched scaffolding apprenticeship.
During their three periods of off-the-job training, craft apprentices are paid training allowances directly by the ETBs, rather than their employers. There are no current plans to further supplement this arrangement. A new payment of €2,000 has been introduced to employers of apprentices on newer, consortia-led apprenticeships, to help level up the supports provided to the two types of apprenticeship programmes. The introduction of this grant means that, for the first time, employers of all apprentices will now have access to financial support, either through direct payment of allowances to apprentices or through the new employer grant.
548. Deputy Thomas Pringle asked the Minister for Further and Higher Education, Research, Innovation and Science the way his Department ensures that the buildings his Department has responsibility for are built using blocks that are free from MICA and deleterious materials in construction projects in County Donegal; if his Department has checked existing buildings for the presence of same; and if he will make a statement on the matter. [7655/22]
Amharc ar fhreagraAs the Deputy will be aware responsibility for the build environment in the further and higher education sectors in Donegal lies with Donegal ETB and Letterkenny IT respectively. My Department has not been informed by the further and higher education providers in question of any checks for mica or of the presence of mica in buildings in the sector.
549. Deputy Aindrias Moynihan asked the Minister for Further and Higher Education, Research, Innovation and Science when in-class training as part of an electrical apprenticeship of a person (details supplied) will commence at a training centre; and if he will make a statement on the matter. [7935/22]
Amharc ar fhreagraUnder the Further Education and Training Act (2013), SOLAS has statutory responsibility for planning, funding, and co-ordinating Further Education and Training (FET) in Ireland.
My Departments officials have engaged with SOLAS on behalf of Deputy Moynihan and have requested SOLAS to engage directly the Deputy in regard to this person's case.
550. Deputy Ged Nash asked the Minister for Further and Higher Education, Research, Innovation and Science his role in the appointment and reappointment of presidents of institutes of technology; the factors that he is obliged to take into account under the relevant legislation when considering such matters; and if he will make a statement on the matter. [8079/22]
Amharc ar fhreagraUnder the Regional Technical Colleges Act 1992, as amended by the Institutes of Technology Act 2006, the responsibility for appointing the President of an Institute of Technology (IoT) lies with the Governing Body of the relevant IoT.
This legislative function of the Governing Body requires that appointments of Presidents are made in accordance with procedures, including the composition of a selection board, agreed with the Higher Education Authority.
551. Deputy Cian O'Callaghan asked the Minister for Further and Higher Education, Research, Innovation and Science the number of apprenticeship registrations in the construction sector by type in 2021; and if he will make a statement on the matter. [8181/22]
Amharc ar fhreagraThe Action Plan for Apprenticeship 2021-2025, sets a target of 10,000 annual apprentice registrations by 2025. In 2021 there were a record 8,607 registrations- up from 6,177 for 2019, the last pre-COVID full year, and the highest annual registrations since the 2006 figure of 8,306.
The Government is committed under the Action Plan to working with employers to promote, enable and support the recruitment and training of apprentices. There is a very substantial allocation of resources to apprenticeships drawing on the resources provided by employers through the Training Levy into the National Training Fund. The budget allocation for 2022 is €206m.
In 2021, 6,955 registrations were in craft apprenticeships, and largely in the construction sector, which will be vital for realising the ambition set out in Housing for All. There were 1,652 registrations on the newer, post-2016 programmes. At the end of 2021, the overall apprentice population was 24,212.
Below is a table showing the number of apprenticeship registrations in the construction sector by type in 2021.
|
Construction Registrations 2021 |
|
|
Brick and Stonelaying |
148 |
|
Carpentry and Joinery |
847 |
|
Painting and Decorating |
43 |
|
Plastering |
38 |
|
Plumbing |
875 |
|
Stonecutting and Stonemasonry |
9 |
|
Wood Manufacturing and Finishing |
155 |
|
Aircraft Mechanics |
55 |
|
Electrical |
2748 |
|
Electrical Instrumentation |
103 |
|
Electronic Security Systems |
61 |
|
Instrumentation |
12 |
|
Refrigeration and Air Conditioning |
142 |
|
Total |
5236 |
552. Deputy Charles Flanagan asked the Minister for Further and Higher Education, Research, Innovation and Science if he will consider abolishing the current disregard amount in place in respect of tax relief on college fees for PAYE parents who are not eligible for assistance through the SUSI grant scheme; and if he will make a statement on the matter. [8411/22]
Amharc ar fhreagraSection 473A of the Taxes Consolidation Act 1997 set out the conditions for tax relief on tuition fees for higher education.
As the Deputy will appreciate, while the operation of the student grant scheme support measures for third level students is a function of this Department, the disregard amount referenced is a matter for the Revenue Commissioners.
Further information on the current tax relief scheme and options for claiming this relief can be found online here: www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/education/tuition-fees-paid-for-third-level-education/index.aspx .
553. Deputy Neale Richmond asked the Minister for Justice if her attention has been drawn to the practice of listing houses as available for bidding that are sale agreed; if she will take steps to limit same; and if she will make a statement on the matter. [7478/22]
Amharc ar fhreagraAs the Deputy may be aware, the provision of property services to consumers in Ireland is subject to a detailed legislative framework of licensing, regulation, monitoring and enforcement, under the Property Services Regulation Act 2011.
The Act also established the Property Services Regulatory Authority (PSRA), a statutory regulatory body specifically tasked with responsibility for licensing and regulating property services providers (auctioneers, estate agents, letting agents and property management agents).
Furthermore, the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 (S.I. No. 564 of 2020), which came into effect on 30 November 2020, set out a range of minimum standards to be observed in the provision of property services by licensees to their clients. Failure to comply with the standards set out in the Regulations amounts to improper conduct.
There is no particular provision in the Land and Conveyancing legislation, in the Property Services (Regulation) Act 2011, or in related regulations, that deals with the situation as described by the Deputy.
A “Contract of Sale” for those buying and selling a property specifies exactly what is being sold and the terms and conditions of a sale. A contract, once signed by both parties, binds the parties to the completion of the transaction. Disputes regarding contracts are a matter for the law and the courts.
It is important to note that in a private treaty sale the licensee is contracted by the vendor and has no contractual relationship with potential buyers or bidders. The licensee is selling the property for the vendor, is acting in the vendor’s best interests, and takes instructions from the vendor. Ultimately, it is the vendor's decision on the price they wish to sell the property for and to whom.
The Deputy's question highlights similar issues to when “Gazumping” occurs, i.e. where there has been an oral pre-contract agreement between a buyer and a seller, including the payment of an initial “booking deposit”, for the sale of property at a particular price, and, subsequently, the seller refuses to execute the contract due to seeking a higher price from the, or another, prospective buyer. The non-enforceable relationship between the original parties is preserved by use of the term "subject to contract".
The problems associated with gazumping were examined in detail by the Law Reform Commission in its 1999 "Report on Gazumping" (LRC 59-1999). The Commission noted that delays arising between the conclusion of negotiations and completion of the formal contract were usually for the benefit of the intending purchaser, for example, to ensure the availability of funding for that property, or to ascertain if there were any legal difficulties in relation to the title. The Commission concluded that the only practicable reforms were to improve the information available to intending purchasers and to regulate the terms according to which booking deposits are paid and accepted. It did not recommend any specific legislative reforms to the legal framework within which gazumping occurs.
There are no plans at present to introduce or amend legislation in this area. However, as with other policy and legislative reforms, interested parties are welcome to make submissions on this matter.
The Property Services Regulatory Authority published a detailed “Guide for Users of Property Services Providers in Ireland" which explains the legal position in relation to gazumping and related matters such as payment of deposits and signing of contracts. That guide is available on the Authority's website at: www.psr.ie.
554. Deputy Fergus O'Dowd asked the Minister for Justice if she will address the queries raised by a person (details supplied) in respect of the Multi-Unit Developments Act 2011. [7550/22]
Amharc ar fhreagraAs the Deputy may be aware, the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and are established for the purposes of ownership and management of the common areas.
In relation to the Deputy's specific query, the Multi-Unit Developments Act does apply to pre-existing developments, and developments built following enactment, with particular special consideration to obligations relating to pre-existing developments outlined in Sections 4 and 5 of the Act.
555. Deputy Neasa Hourigan asked the Minister for Justice when the review of the operation of Part 4 of the Criminal Law (Sexual Offences) Act 2017 will be published; and if she will make a statement on the matter. [7454/22]
Amharc ar fhreagraAs the Deputy will be aware, in July 2020 my Department contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences) Act.
As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.
While the review is independent of the Department, the expert has advised that she expects to be in a position to present the outcome of the review by the end of Q1 or the beginning of Q2 of this year.
556. Deputy Neasa Hourigan asked the Minister for Justice if her attention has been drawn to a report (detail supplied); her views on the recommendations contained therein; and if she will make a statement on the matter. [7455/22]
Amharc ar fhreagra580. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to a report by an organisation (details supplied); and if she and or her officials plan to adopt the recommendations contained within the report in the context of planned and or proposed strategies and or legislative changes. [7734/22]
Amharc ar fhreagraI propose to take Questions Nos. 556 and 580 together.
Officials from my Department are among those who were interviewed by the organisation that prepared the report referred to by the Deputy.
It is generally recognised that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty.
The Criminal Law (Sexual Offences) Act 2017 removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and criminalised the purchase of sex.
A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. It allows those engaged in prostitution to provide information to Gardaí; for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services.
Section 27 of the 2017 Act provides for a review of Part 4 of the Act three years after its commencement. The goal of the legislation is to protect vulnerable persons and, in this context, the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
The terms of reference for the review explicitly state that persons engaged in prostitution and persons who have been victims of human trafficking will be sought to participate in the review so that their views and experiences can be taken into account.
The review of Part 4 is being carried out by an independent expert and is ongoing.
While the review is independent of the Department, the expert has advised that she expects to be in a position to present the outcome of the review by the end of Q1 or the beginning of Q2 of this year.
I will carefully examine any recommendations of the review once it has been completed and progress appropriate actions to address the issues identified.
Officials in my Department are also working on a legislative amendment to expunge previous convictions for ‘sale of sex’, or prostitution offences. This is a significant step in recognising and responding to the needs of victims of sex trafficking, and those forced to provide sexual services, which will include people trafficked into Ireland for that purpose.
Separately, last year the Government approved plans to revise the National Referral Mechanism (NRM) to make it easier for victims of human trafficking to come forward, be identified, and facilitate their access to advice, accommodation and support.
Currently, when suspected victims of human trafficking are encountered by, or referred to, An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the NRM. The new approach acknowledges that other state bodies and NGOs have a role in identifying victims of human trafficking and referring them to An Garda Síochána.
558. Deputy Sorca Clarke asked the Minister for Justice the facility that is in place in cases in which an applicant needs to travel aboard during the travel document renewal process for medical treatment given an application for the renewal of travel documents issued under the United Nations 1951 Refugee Convention requires the return of the current travel document. [7485/22]
Amharc ar fhreagra557. Deputy Sorca Clarke asked the Minister for Justice the current turnaround times for the renewal of travel documents issued under the United Nations 1951 Refugee Convention; the number of applications currently being processed; and the number due to be renewed in 2022. [7484/22]
Amharc ar fhreagra559. Deputy Sorca Clarke asked the Minister for Justice the time period before the expiration of travel documents issued under the United Nations 1951 Refugee Convention. [7487/22]
Amharc ar fhreagraI propose to take Questions Nos. 558 to 559, inclusive, together.
The Travel Document Unit in my Department processes travel documents for people who are deemed to be refugees under the 1951 United Nations Convention. This Unit also processes a separate travel document for programme refugees and beneficiaries of other humanitarian and family reunification programmes.
While travel documents applications are processed in my Department they are printed by the Passport Office in the Department of Foreign Affairs. This can take up to two weeks once the application is approved and sent for printing. My Department works closely with the Passport Office to reduce any delays.
Unfortunately, processing times have unavoidably been impacted by the restrictions that were imposed by the Covid-19 pandemic. Before the pandemic, the standard processing time for a travel document was 16 weeks. Currently, the processing time for a travel document is 28 weeks, upon receipt of a fully completed application. Work is underway to reduce processing times.
Currently,1,810 travel documents applications are being processed. Approximately, 900 of these will be issued under the 1951 Convention. This year, my Department anticipates that it will receive a further 1,400 applications for this type of travel documents. Travel documents issued under the 1951Convention have a validity period of three years.
Applications for subsequent travel documents are not considered as renewals, they are considered as fresh applications. If the applicant demonstrates that they require the urgent processing of their application, the application will be prioritised. In these circumstances, the applicant should alert the Travel Document Unit by emailing INISTravdoc@justice.ie, outlining the urgency of the application.
