Written Answers Nos. 533-552
533. Deputy Denis Naughten asked the Minister for Social Protection if she will implement recommendation No. 27 of the Joint Oireachtas Committee on Social Protection pre-budget submission to provide State contributory PRSI credits to those providing long-term foster care to ensure they are entitled to a State pension after a lifetime of providing foster care and assisting the State; and if she will make a statement on the matter. [11653/22]
Amharc ar fhreagraSubject to the standard qualifying conditions for State Pension (Contributory) also being satisfied, the State pension system already provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role.
This is provided through the award of credits and/or the application of the Homemaker’s Scheme (under the Yearly Average method for payment calculation) and/or the application of HomeCaring Periods (under the Aggregated Contribution Method, also known as the interim Total Contributions Approach).
Details of these are –
- Credits – PRSI Credits are awarded to recipients of Carer’s Allowance (and Carer’s Benefit) where they have an underlying entitlement to credits. Credits are also awarded to workers who take unpaid Carer’s Leave from work.
- The Homemaker’s Scheme - The scheme, which was introduced with effect from 1994, is designed to help homemakers and carers qualify for State Pension (Contributory). The Scheme, which allows periods caring for children or people with a caring need to be disregarded (from 1994), can have the effect of increasing a person's Yearly Average.
- HomeCaring Periods – HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years. HomeCaring Periods can only be used under the Aggregated Contribution Method (also known as the Interim Total Contributions Approach) of pension calculation.
Since April 2019, all new State (Contributory) Pension applications are assessed under all possible rate calculation methods, including the Yearly Average and the interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.
Foster parents are entitled to the benefits of the Homemakers Scheme or HomeCaring Periods, on the same basis as other homemakers, and will qualify if the carer is in receipt of Child Benefit. If the foster parent is not in receipt of Child Benefit s/he can still qualify for the Homemaker’s scheme or HomeCaring Periods provided the caring periods are confirmed by TUSLA (these are cases where caring is for a short period of time).
It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.
I hope this clarifies the matter for the Deputy.
534. Deputy Niall Collins asked the Minister for Social Protection the number of appeals submitted by applicants analysed per county, scheme, by paper appeal and by oral appeal in each year since 2015 to date; and if she will make a statement on the matter. [11725/22]
Amharc ar fhreagraThe Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I am advised by the Social Welfare Appeals Office that statistics are not maintained on a county by county basis, and it is not in a position to supply the information sought by the Deputy in relation to the appeals submitted by county.
All claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded by the Department and just 1% are appealed.
There are a number of ways which an appeal may be finalised. The large majority of appeals are decided upon by an Appeals Officer who will make a summary decision on the documentary evidence presented or if necessary, hold an oral hearing. In some other cases, new evidence is provided with the appeal and, as a result, the original decision may be revised in favour of the appellant by the Deciding Officer or Designated Person. A small proportion of appeals are withdrawn.
The first table below shows the number of appeals submitted by appellants per scheme in each year from 2015 to 2021.
The second table below provides details of appeals outcomes in each year from 2015 to 2021.
I trust this clarifies the matter for the Deputy.
Appeals received 2015 to 2021
|
Year |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
Adoptive Benefit |
- |
- |
2 |
1 |
- |
- |
- |
|
Back To Work Family Dividend |
64 |
52 |
43 |
43 |
29 |
25 |
31 |
|
Bereavement Grant |
6 |
3 |
1 |
1 |
1 |
- |
- |
|
Blind Pension |
22 |
13 |
19 |
12 |
15 |
9 |
16 |
|
Carer's Allowance |
3,188 |
3,887 |
3,200 |
2,902 |
3,006 |
3,630 |
3,361 |
|
Carer's Benefit |
93 |
95 |
110 |
162 |
244 |
331 |
281 |
|
Carer’s Support Grant |
124 |
164 |
164 |
126 |
165 |
201 |
300 |
|
Child Benefit |
552 |
595 |
473 |
485 |
552 |
460 |
341 |
|
Death Benefit |
1 |
1 |
- |
1 |
1 |
2 |
2 |
|
Deserted Wife's Allowance |
1 |
- |
1 |
1 |
- |
1 |
- |
|
Deserted Wife's Benefit |
19 |
7 |
7 |
8 |
6 |
7 |
6 |
|
Disability Allowance |
6,435 |
4,912 |
5,077 |
5,200 |
6,242 |
6,661 |
5,733 |
|
Disablement Benefit |
347 |
298 |
347 |
330 |
278 |
169 |
322 |
|
Domiciliary Care Allowance |
1,258 |
1,198 |
1,199 |
1,432 |
1,656 |
1,690 |
1,558 |
|
Farm Assist |
201 |
196 |
130 |
84 |
111 |
76 |
79 |
|
Guardian's Payment (Contributory) |
49 |
38 |
34 |
22 |
27 |
27 |
33 |
|
Guardian's Payment (Non-Contributory) |
18 |
17 |
16 |
8 |
12 |
8 |
19 |
|
Illness Benefit |
1,204 |
819 |
443 |
581 |
916 |
984 |
683 |
|
Incapacity Supplement |
12 |
9 |
7 |
7 |
1 |
5 |
- |
|
Injury Benefit |
65 |
56 |
51 |
44 |
53 |
83 |
72 |
|
Insurability of Employment |
156 |
151 |
132 |
86 |
92 |
73 |
91 |
|
Invalidity Pension |
1,857 |
1,362 |
1,381 |
1,387 |
1,874 |
2,206 |
1,870 |
|
Jobseeker’s Benefit (Self Employed) |
- |
- |
- |
- |
3 |
75 |
33 |
|
Payment for 65 year olds |
- |
- |
- |
- |
- |
- |
196 |
|
Jobseeker’s Transitional Payment |
34 |
43 |
41 |
70 |
75 |
83 |
98 |
|
Jobseeker's Allowance - Means |
2,174 |
2,050 |
1,504 |
1,380 |
1,188 |
1,256 |
905 |
|
Jobseeker's Allowance - Payments |
2,058 |
2,031 |
1,676 |
1,570 |
1,445 |
1,250 |
1,320 |
|
Jobseeker's Benefit |
735 |
637 |
545 |
610 |
671 |
759 |
1,196 |
|
Liable Relatives |
26 |
23 |
9 |
4 |
5 |
1 |
3 |
|
Maternity Benefit |
71 |
87 |
84 |
40 |
38 |
74 |
57 |
|
Medical Care |
4 |
4 |
2 |
2 |
7 |
6 |
1 |
|
One Parent Family Payment |
368 |
313 |
244 |
273 |
302 |
272 |
254 |
|
Pandemic Unemployment Payment |
- |
- |
- |
- |
- |
275 |
2,902 |
|
Parent’s Benefit |
- |
- |
- |
- |
- |
3 |
10 |
|
Partial Capacity Benefit |
42 |
42 |
38 |
75 |
131 |
72 |
132 |
|
Paternity Benefit |
|
1 |
16 |
14 |
8 |
32 |
33 |
|
Pre-Retirement Allowance |
- |
- |
2 |
- |
- |
- |
- |
|
Recoverable Benefits & Assistance |
26 |
24 |
25 |
29 |
9 |
4 |
- |
|
State Pension (Contributory) |
264 |
366 |
408 |
309 |
457 |
345 |
354 |
|
State Pension (Non-Contributory) |
348 |
397 |
370 |
347 |
386 |
350 |
315 |
|
State Pension (Transition) |
3 |
2 |
3 |
- |
- |
- |
- |
|
Supplementary Welfare Allowance |
2,125 |
1,970 |
1,302 |
859 |
888 |
1,052 |
904 |
|
Treatment Benefits |
3 |
5 |
1 |
2 |
2 |
5 |
2 |
|
Widow’s, Widower’s Pension (Non-Contributory) |
25 |
26 |
23 |
18 |
17 |
9 |
12 |
|
Widow’s, Widower’s Pension (Contributory) |
40 |
49 |
45 |
38 |
38 |
46 |
59 |
|
Widowed Parent Grant |
10 |
8 |
6 |
1 |
5 |
10 |
15 |
|
Working Family Payment |
447 |
510 |
477 |
290 |
1,441 |
1,037 |
1,221 |
|
Total |
24,475 |
22,461 |
19,658 |
18,854 |
22,397 |
23,664 |
24,820 |
Appeal Outcomes 2015-2021
|
Year |
Summary decisions by AO |
Oral Hearings by AO |
Revised decision by DO |
Withdrawn |
Total |
|
2015 |
12,027 |
6,886 |
5,200 |
1,293 |
25,406 |
|
2016 |
10,463 |
6,527 |
5,100 |
1,130 |
23,220 |
|
2017 |
8,144 |
5,412 |
4,283 |
1,141 |
18,980 |
|
2018 |
8,748 |
5,397 |
3,425 |
937 |
18,507 |
|
2019 |
10,765 |
5,829 |
4,669 |
1,309 |
22,572 |
|
2020 |
18,808 |
1,712 |
5,204 |
1,066 |
26,790 |
|
2021 |
15,517 |
1,050 |
6,462 |
900 |
23,929 |
535. Deputy Louise O'Reilly asked the Minister for Social Protection if her attention has been drawn to the delays experienced by workers from outside the State in a sector (details supplied) in obtaining a personal public service number; if she has plans to expedite the process; and if she will make a statement on the matter. [11727/22]
Amharc ar fhreagraMy Department is responsible for the allocation of Personal Public Service Numbers to those who require one to take up employment or education or to access public services. The Department is facing a significant increase in applications for a PPSN. This is due mainly to the increase in the number of people taking up employment in the country because of the improving labour market.
To meet this demand, the Department has assigned additional resources to deal with PPSN applications. This increased capacity has resulted in a significant improvement in processing times of PPSN applications in recent weeks and this improvement will continue over the coming weeks.
Department officials continue to engage with employers and with employer representative groups to expedite PPSN applications where they are required by applicants seeking to take up employment in Ireland.
536. Deputy Holly Cairns asked the Minister for Social Protection the progress made in addressing the recommendation in the report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process that the allowances currently paid to persons in direct provision should be increased from January 2021 and regularly reviewed in line with the cost of living. [11789/22]
Amharc ar fhreagraApplicants for International Protection accommodated under the system of direct provision, operated by the Department of Children, Equality, Disability, Integration and Youth, are provided with full board accommodation and other facilities and services.
My Department administers the daily expenses allowance, which is paid to protection applicants who live in the direct provision system, on behalf of the Department of Children, Equality, Disability, Integration and Youth.
The Government has provided €10.8 million for the allowance in 2022. The current weekly rates of payment are €38.80 per adult and €29.80 per child. There are approximately 3,800 adults and 1,500 children residing in the system of direct provision in respect of whom daily expenses allowance is being paid.
The Department of Children, Equality, Disability, Integration and Youth is leading the implementation of the commitments contained in the White Paper to End Direct Provision, adopted by the Government in February 2021. Under the white paper a new International Protection Support Payment is to be introduced by that Department to support applicants for International Protection.
My Department is committed to supporting this process of change and my officials will continue to work with colleagues in Department of Children, Equality, Disability, Integration and Youth as we move to implement this new model.
Any increases to the rate of daily expenses allowance, pending the implementation of the White Paper to End Direct Provision, would have to be approved by Government and considered in an overall budgetary context.
537. Deputy Pearse Doherty asked the Minister for Children, Equality, Disability, Integration and Youth when the next periodic report on Ireland's implementation of the United Nations Convention on the Rights of the Child will be submitted and published; and if he will make a statement on the matter. [10962/22]
Amharc ar fhreagraIreland’s combined Fifth and Sixth State Report was formally submitted to the UN Committee on the Rights of the Child in Geneva on 15 February 2022. The report outlines what Ireland is doing to protect and enhance the rights of children since the previous UNCRC report in 2016. The Report is written in response to a List of Issues Report provided by the UN Committee on the Rights of the Child to Ireland in November 2020.
The UN Committee is now reviewing the State Report document. As part of its initial review, the UN Committee may wish to clarify parts of the State Report with Ireland. My Department will respond to any clarifications sought by the UN Committee. Following the UN Committee’s initial review, and any clarifications that may be required, my Department will then publish the State Report and Statistical Annex on its website.
538. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth the progress made on the equality objectives of his Department specifically in relation to women. [11068/22]
Amharc ar fhreagraSignificant advances have been made in recent years to address inequality in Irish society, with the Government’s commitment to fostering a diverse, inclusive and equal society re-affirmed through the Programme for Government commitments to achieve social solidarity, equality of opportunity and economic equity for all.
My Department leads on cross-government policy to promote gender equality and the empowerment of women and girls, and the National Strategy for Women and Girls 2017-2021 has provided us with a whole-of-Government framework through which women’s empowerment continues to be advanced.
Some recent achievements in gender equality in my Department include;
Reporting by employers with over 250 employers on their gender pay gap under the Gender Pay Gap Information Act 2021 will begin this year. Regulations implementing the Act are currently being developed and it is anticipated these will be finalised and published in early 2022.
Significant advances have been made in the provision of family leaves, including the extension of Parent’s Leave and Benefit to five weeks for each parent and extending entitlement to Adoptive Leave to fathers through the Family Leaves and Miscellaneous Provisions Act 2021.
Parent's Leave and Benefit will be further extended to seven weeks for each parent from July of this year and I will also shortly bring to Government Heads of a Bill to give effect to some remaining aspects of the EU Work Life Balance Directive including the right of workers to Carers' Leave of five working days per year, and providing workers who are parents of children up to at least 8 years old, and carers under the Directive, with a right to request flexible working arrangements.
Provision for maternity leave for Members of the Oireachtas is also under active consideration by my Department, and I hope to advance this work in 2022.
In addition, my Department is currently developing proposals for the introduction of Domestic Violence Leave to enable persons experiencing domestic violence to have time off work, including to attend court to secure orders against the person perpetrating such violence.
Other, ongoing work includes the establishment of an Interdepartmental Network in 2021, co-chaired by my Department and the Department of Public Expenditure and Reform to fully implement gender and equality budgeting. The group will facilitate the embedding of the Equality Budgeting Initiative across all Government departments, and guide its continued progress.
Looking to the future, the Programme for Government “Our Shared Future” includes a commitment that the Government will develop and implement a new National Strategy for Women and Girls. I will work with stakeholders to examine what has been achieved over the term of the National Strategy for Women and Girls and consider how we can develop a new Strategy which even more robust and effective. In this regard, my Department has commissioned a study to evaluate the processes for implementation of three equality strategies, which includes the National Strategy for Women and Girls as well as the Migrant Integration Strategy and the National Traveller and Roma Inclusion Strategy. Consultations in regard to the successor strategy will commence during 2022, with work to build the new Strategy taking place in 2023.
539. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with Tusla concerning the birth information and tracing Bill 2022 since taking office. [11106/22]
Amharc ar fhreagra540. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with the Adoption Authority of Ireland concerning the birth information and tracing Bill 2022 since taking office. [11107/22]
Amharc ar fhreagraI propose to take Questions Nos. 539 and 540 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 meets on a regular basis, having held 8 meetings to date, whilst also progressing key pieces of work and liaising bilaterally between meetings.
The Group's focus is on organisational and system readiness to support the provision of services under the proposed Birth Information and Tracing legislation. Included in the Group's work is the development of draft policy guidelines to support robust and consistent implementation of the legislation.
In addition to the Implementation Group, the Department also engages with both the Adoption Authority and Tusla through regular governance and oversight meetings, where matters relating to the Birth Information and Tracing Bill are often discussed.
Officials in my Department have strong working relationships with their counterparts in the Authority and Tusla. This is central to the positive commitment and collaboration which is essential to successful implementation of the legislation in the interests of all those with questions on their origins.
As Minister, I have met with the Chair of the Adoption Authority of Ireland on three occasions. These meetings have all included discussion of information and tracing. I meet with Tusla on a quarterly basis. Four of these meetings have taken place since July 2020. Issues relating to information and tracing legislation are discussed at these meetings as required.
541. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with the Mother and Baby Home Collaborative Forum since taking office; the dates of those meetings; the main outcome of the meetings; and if he will make a statement on the matter. [11108/22]
Amharc ar fhreagraAs outlined in the published Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions, we are transitioning towards new enhanced arrangements for consultation and stakeholder engagement. This development is essential in facilitating an inclusive survivor-centred approach to the important work being advanced across Government. Additional dedicated structures and resources will be introduced to support effective and sustainable stakeholder engagement and I will be bringing detailed proposals to Government in this regard. I have advised Collaborative Forum members of my intention to meet with them again this month in advance of introducing new structures.
Since my appointment, I have personally engaged with many survivors and their advocacy groups, including members of the Collaborative Forum. My Department has supported facilitated consultations in progressing the wide-ranging actions approved by Government in responding to the findings of the Commission. I am committed to ongoing engagement with survivors and their advocates in the context of this important work.
I hosted two virtual meetings with Collaborative Forum members in February 2021 to share developments in the State’s response to the Commission’s report and to engage on matters of concern to members. The proposed new structure to support wider stakeholder engagement was also a specific agenda item. Further discussions on this issue were independently facilitated with Forum members and the Forum’s feedback has assisted in refining the initial proposals.
Separately, Collaborative Forum members have individually and collectively contributed to survivor focused consultations around specific initiatives, including the pre-legislative scrutiny of the Institutional Burials Bill and the Birth Information and Tracing Bill. In addition, the Forum had a dedicated session as part of the consultations with survivors on the Payments Scheme and Forum members are actively involved on the steering group for the NUIG research project examining language, terminology and representation.
542. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm that a hotel (details supplied) is to be utilised for use as accommodation centre for those within the asylum, international protection system here; and if he will make a statement on the matter. [11138/22]
Amharc ar fhreagraAs the Deputy may be aware, the lifting of restrictions on international travel has caused a sharp increase in the number of new arrivals seeking international protection accommodation in Ireland, with over 3,300 new arrivals from 1 October 2021 to 20 February.
Due to this fact, the International Protection Accommodation Service (IPAS) of my Department has witnessed a knock-on effect on the capacity levels at the National Reception Centre (NRC) in Balseskin.
IPAS has engaged a number of pre-reception centres to provide accommodation for the increasing number of new arrivals. There are currently six pre-reception facilities operating in hotels across Dublin. At this time IPAS is not in a position to comment on the ongoing contractual discussions that are in play for these facilities due to the commercially sensitive nature of the negotiations.
As you know Deputy, my Department published a Request for Tender to procure additional accommodation for singles, couples and families seeking international protection on 18 January 2022. The deadline for submissions was 21 February 2022. This tender process is a key part of my Department’s strategy to end reliance on emergency accommodation and it is anticipated that it will assist in alleviating the accommodation pressures currently being experienced.
543. Deputy Jennifer Whitmore asked the Minister for Children, Equality, Disability, Integration and Youth if childcare services are able to increase their fees up to the end April 2022; if they do increase their fees in the meantime, if these fees will have to drop back down to September 2021 levels regardless of the amount at which the fees are currently set; and if he will make a statement on the matter. [11169/22]
Amharc ar fhreagraEnsuring affordability of Early Learning and Care (ELC) and School-Age Childcare (SAC) is a priority for me.
On 7 December, I was pleased to launch a report on a new funding model for ELC and SAC, Partnership for the Public Good: A New Funding Model for ELC and SAC. The recommendations in the report were accepted in full by Government.
The new funding model recommends a new approach to fee management. This will start with a requirement for providers to maintain fees at or below September 2021 levels to access new funding schemes in 2022.
Budget 2022 announced a series of measures to increase investment in ELC and SAC sector to €716 million this year, including a one-off Transition Fund and a major new Core Funding stream.
The Transition Fund will be available to ELC and SAC services from May to August inclusive, during the period between the ending of the Employment Wage Subsidy Scheme (EWSS) in April and the introduction of a new Core Funding stream in September.
The contractual requirement for fees to remain at or below September 2021 levels is planned to come into effect in May 2022 with the provision of Transition Funding. This will be followed in September 2022 with Core Funding which will also have a contractual requirement that fees are not greater than September 2021 levels.
The introduction of this requirement means that parents will not be faced with fee increases, and the full affordability effects of the NCS reforms announced in Budget 2022 can be fully realised.
Providers who have increased their fees above September 2021 levels will be required to revert to September 2021 levels before May 2022 to be eligible for the Transition Fund in May 2022. Similarly, to be eligible for the new Core Funding stream, providers who have increased their fees above September 2021 levels will be required to revert to September 2021 levels before September 2022.
Budget 2022 also confirmed that ELC and SAC employers will continue to benefit from the exemption to the turnover rule for the EWSS until April 2022, in part to avoid the additional costs arising from public health measures being passed on to parents.
The EWSS has been available to employers in the sector since August 2020. Enhanced EWSS rates (from October 2020-January 2022) amount to approximately €34 million per month for the sector, covering on average 80% of payroll costs and 50% of total operating costs for providers. Standard EWSS (from August 2020-October 2020 and for February 2022) amount to approximately €22 million per month for the sector, covering on average 50% of payroll costs and 38% of total operating costs for providers. A new EWSS flat rate of €100 that will apply from March-April 2022 will amount to approximately €11 million per month for the sector, covering on average, 25% staff costs or 11% total operating costs.
In advance of May 2022, given the level of investment being made available to the sector through EWSS, it is difficult to see any justification for an increase in fees at this time.
Sustainability Funding also continues to be available to providers where there are sustainability difficulties and I have requested that providers would exhaust this route before considering increases in fees for parents. I encourage providers to contact their local City/County Childcare Committee if they require any further information or support.
A Ready Reckoner to support services to determine the potential value of Core Funding will be available in early March along with further communications to the sector about the funding.
544. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of children in the State currently residing under a private family care arrangement; his views on the recent comments made by the Special Rapporteur on Child Protection (details supplied) on private family care arrangements; and if he will make a statement on the matter. [11322/22]
Amharc ar fhreagraTusla have advised that they do not collate data on arrangements where families, even in consultation with Tusla, establish an alternative temporary care arrangement within their family or family network. However, data is published by Tusla on children who are in receipt of family support, children who are in ongoing child protection safety planning processes and children who are in the formal care of the State.
The Minister notes that criticisms to date of private family arrangements revolve around the informality of such arrangements and the lack of a statutory footing. Issues in relation to private family arrangements and engagement by Tusla with children and families in care and in the community will be considered in the context of the ongoing review of the Child Care Act 1991. Consideration of the role of Tusla in supporting children and families in the community and in the formal care system forms part of the review. Relevant reports and comments, including those made by the Special Rapporteur on Child Protection, will inform the deliberations.
545. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth the number of children under the age of 12 years in residential care by TULSA area office. [11331/22]
Amharc ar fhreagraAs this is an operational matter the question has been referred to Tusla for their direct reply to the Deputy.
546. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth the reason for the delay in implementing the Assisted Decision Making (Capacity) Act 2015 until June 2022; and if he will make a statement on the matter. [11349/22]
Amharc ar fhreagraThe Government is committed to fully commencing the Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”). The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017.
The reason the 2015 Act has not yet been commenced in full relates to the necessary preparations for implementation of the Act.
A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the preparations for commencement of the Act and this process is ongoing.
Pre-legislative scrutiny on the Assisted Decision-Making (Capacity) (Amendment) Bill is currently being undertaken by the Joint Oireachtas Committee for Children, Equality, Disability, Integration and Youth. Following its report, the Bill will go through the various legislative stages in both the Dail and the Seanad. It is envisaged that this Bill will be passed to allow for the commencement of the 2015 Act by June 2022 and the full operationalisation of the Decision Support Service.
547. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth if he has plans to implement the Assisted Decision Making (Capacity) Act 2015 prior to its expected implementation time of June 2022 given the long delays in its implementation; and if he will make a statement on the matter. [11350/22]
Amharc ar fhreagraThe Government is committed to fully commencing the Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”). The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).
A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS.
The implementation of the 2015 Act requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from my Department, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The DSS, led by its Director, is working on putting in place the necessary infrastructure to support the full commencement of the Act.
These preparations will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed. This will enable the DSS to roll out the new decision-making support options.
In addition to the operational preparedness required, amending legislation is required to improve and streamline the processes in the Act, and improve safeguarding for the persons who will reply on its provisions.
Pre-legislative scrutiny on the General Scheme of an Assisted Decision-Making (Capacity) (Amendment) Bill is currently being undertaken by the Joint Oireachtas Committee for Children, Equality, Disability, Integration and Youth. Following its report, the aim is that the Bill will go through the various legislative stages in both the Dail and the Seanad. In view of the inter-connectedness of the 2015 Act with the amending legislation, it is not possible to commence the Act substantively earlier than June 2022.
548. Deputy Richard Bruton asked the Minister for Children, Equality, Disability, Integration and Youth if his Department can offer assistance to a person (details supplied) for whom a planned school expansion has precipitated the end of a lease for a vital childcare service accommodating over 100 children. [11351/22]
Amharc ar fhreagraMy Department oversees a Case Management process through which local City and County Childcare Committees (CCCs) and Pobal work together to assess and provide support to early learning and care services experiencing difficulties. This can include help with completing and interpreting analysis of staff ratios and cash flow, as well as more specialised advice and support appropriate to individual circumstances, such as in this case. The CCCs and Pobal have previously engaged with services that were losing access to their current premises, to help them identify alternatives.
Pobal co-ordinate the overall case management process with the CCC administering initial, and on-going, case management assistance. The CCC, where appropriate, will proceed to make a formal notification to Pobal who will provide more consolidated support while verifying the service’s necessity for a financial intervention. All services who require support should contact their local CCC in the first instance.
I understand that the relevant CCC has been providing support in the case in question.
549. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with an organisation (details supplied) regarding the Birth Information and Tracing Bill 2022 since taking office. [11456/22]
Amharc ar fhreagra550. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with an organisation (details supplied) regarding the Birth Information and Tracing Bill 2022 since taking office. [11457/22]
Amharc ar fhreagra556. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with an organisation (details supplied) concerning the Birth Information and Tracing Bill 2022 since taking office. [11781/22]
Amharc ar fhreagra557. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the number of meetings he has had with an organisation (details supplied) concerning the Birth Information and Tracing Bill 2022 since taking office. [11782/22]
Amharc ar fhreagraI propose to take Questions Nos. 549, 550, 556 and 557 together.
In advance of, and during the drafting process of 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.
In November 2020 I met with the Clann Project alongside An Taoiseach. I met with Aitheantas on three occasions and discussions would have included the proposed legislation and their 'Adoptee Voices' report.
Following the publication of the General Scheme of the Birth Information and Tracing Bill in May 2021, I hosted a webinar to explain the intention of the legislation and to respond to questions. At that time, in addition to the webinar, I also met with Aitheantas, the Adoption Rights Alliance and the Council of Adoption Agencies to hear their views on the Heads of Bill. I have also had the opportunity to participate in the pre-legislative scrutiny of the Bill and have considered carefully the submissions made by stakeholders during the pre-legislative process. More generally, I have met with hundreds of survivors and persons affected by adoption, boarding out or illegal birth registration over the past year. Through this engagement, I know that access to identity information is an urgent and priority need for many people and am committed to ensuring this access via the Birth Information and Tracing Bill.
551. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons living in direct provision who were previously in foster care in this State [11543/22]
Amharc ar fhreagraAs this is an operational matter the question has been referred to Tusla for their direct reply to the Deputy.
552. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of asylum seekers in the State who are unaccompanied minors; the number which are in State care or fostering; and the number residing in direct provision centres [11544/22]
Amharc ar fhreagraTusla, the Child and Family Agency, receives separated children seeking international protection into care via two routes: those who have been relocated under the Irish Refugee Protection Programme (IRPP) and those who present independently at ports and other points of entry to Ireland. Currently, there are 95 children seeking international protection in Tusla's care, and additionally, Tusla is providing after care supports to 115 young adults who were received into Tusla's care as children seeking international protection.
In 2020, 40 young people presented at ports in Ireland. A further 61 in 2021 and to date in 2022, 18 young people have arrived at Irish ports. Under the IRPP, eight young people were transferred to Ireland in 2020, and a further 29 arrived in 2021.
The Deputy is seeking information on the numbers of SCSIP residing in direct provision centres and the numbers in foster care. As this is an operational matter for Tusla I have referred the matter to Tusla, and asked that a direct response be provided to the Deputy.
