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Thursday, 24 Mar 2022

Written Answers Nos. 304-315

Equality Issues

Ceisteanna (304)

Jennifer Murnane O'Connor

Ceist:

304. Deputy Jennifer Murnane O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth the way he intends to proceed with regard to the next national LGBTI+ inclusion strategy; and if he will make a statement on the matter. [15303/22]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to achieving its vision of a safe, fair and inclusive Ireland where people are supported to flourish and to live inclusive, healthy and fulfilling lives, whatever their sexual orientation, gender identity or expression, or sex characteristics. Ireland’s first National LGBTI+ Inclusion Strategy 2019-2022, published in November 2019, is the primary policy vehicle to achieve this vision.

The Strategy pursues objectives under four thematic pillars providing a vision of an Ireland where LGBTI+ people are visible and included, treated equally, healthy and feel safe and supported. With a view to making progress towards these high-level objectives, it contains over 100 actions.

To offset delays in the strategies implementation due to the public health emergency caused by the COVID-19 pandemic, I extended its lifetime into 2022.  It will be reviewed as part of the process of developing a successor strategy.

The LGBTI+ National Youth Strategy arose from the National Youth Strategy, which was published in 2015. This broader youth strategy identified LGBTI+ young people as a specific group to be considered in the context of focused provision for marginalised and disadvantaged young people. Following this, the LGBTI+ National Youth Strategy was published in June 2018. As with the Inclusion strategy, its lifetime was extended into 2021 to off-set delays in its implementation caused by the Covid-19 pandemic. A review of the strategy is now underway and the subsequent report will be available in due course.

Early Childhood Care and Education

Ceisteanna (305)

James O'Connor

Ceist:

305. Deputy James O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth the supports that are in place for early years providers that face an unexpected loss of premises; if his Department’s sustainability fund can be accessed for this purpose; and if he will make a statement on the matter. [15317/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the challenges that can face an Early Learning and Care (ELC) or School Age Childcare (SAC) service if they unexpectedly lose their premises and have an effective response in place to support such circumstances. 

My 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 ELC and SAC services experiencing difficulties. Under the direction of my Department, Pobal co-ordinate the overall case management process with the CCC administering on-the-ground case management assistance. 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. CCC and Pobal have previously engaged with services that were losing access to their current premises and provided assistance to identify alternatives.

Financial supports, which may also be accessed through the case management process, are available for community services presenting with sustainability issues following a financial assessment by Pobal.  This includes a strand that can support community services with the operational costs associated with a sudden need to move premises. 

While both community (not-for-profit) and private (for-profit) services play a vital role in the sector in providing services in local communities, this financial support is currently available for the community sector. It is unfortunately not possible for the Department to provide direct financial assistance to private (for-profit) childcare services experiencing this particular circumstance at present.

It is worth noting, however, that past experience of services that unexpectedly lose their premises indicates that locating suitable alternative premises is normally a bigger obstacle than access to finances.  Support to find alternative accommodation is available to all services, both private and community, from their local CCC.

The CCC should be the first point of contact for any service seeking support; I would therefore urge any ELC or SAC service in difficulty to contact their local CCC as soon as possible if they have not done so already.

Question No. 306 answered with Question No. 8.

Childcare Services

Ceisteanna (307)

Peadar Tóibín

Ceist:

307. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of families who are eligible for the after-school childcare scheme; the number of families who are currently supported by the after-school childcare scheme; and the number of persons under the after-school childcare scheme for the past five years. [15110/22]

Amharc ar fhreagra

Freagraí scríofa

The After School Child Care (ASCC) Programme was administered and funded by my Department as part of the Training and Employment Childcare (TEC) Programme. The TEC programme closed to new entrants on 14th February 2020 following the introduction of the National Childcare Scheme (NCS). The  ASCC provided up to one year of afterschool care for primary school children for certain categories of working parents/guardians and parents/guardians on certain employment programmes (not including Community Employment) based on eligibility criteria provided by the Department of Social Protection.

ASCC was available for a once off maximum of 52 weeks and for the final programme year for any new applicants of 2019/2020 this allowance had to be used consecutively. The ASCC ceased operating once all participants registered completed their allotted time on the programme within the 2020/2021 programme year. Therefore there are no longer any children availing of the ASCC.

The table below which outlines the numbers of children registered with the ASCC programme for the past five programme years. This information was provided by Pobal who act as the scheme administrator for my Department.

Programme Call

Number of unique children

ASCC 2017/18

363

ASCC 2018/19

228

ASCC 2019/20

87

ASCC 2020/21

14

ASCC 2021/22

0

Total

584*

* A child might have been registered for ASCC in more than one year. For that reason, the total number of unique children will be lower than the sum of the number of unique children registered by year.

Mental Health Services

Ceisteanna (308)

Claire Kerrane

Ceist:

308. Deputy Claire Kerrane asked the Minister for Children, Equality, Disability, Integration and Youth if a group (details supplied) will be included as eligible to receive counselling from the HSE following the 2016 report from the United Nations on safe and child-sensitive counselling which recommended that these services be made available; and if he will make a statement on the matter. [15532/22]

Amharc ar fhreagra

Freagraí scríofa

I 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. This matter relates to the policy remit of the Department of Health and it is not possible for this Department to answer a question about HSE service eligibility criteria.

Assisted Decision-Making

Ceisteanna (309)

Denis Naughten

Ceist:

309. Deputy Denis Naughten asked the Minister for Children, Equality, Disability, Integration and Youth the criteria that will be applied by the decision support service in establishing a panel of decision-making representatives; if this will be in practice confined to the legal profession; if not, if other persons will be considered; and if he will make a statement on the matter. [15550/22]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.

The Decision Support Service (DSS) will operate the progressive provisions of the 2015 Act.  The DSS has responsibility under the Act for establishing and maintaining panels, which includes a panel of Decision-Making Representatives. Decision-Making Representatives will perform certain specified functions under the 2015 Act and the panel will be monitored and maintained by the Decision Support Service.

As part of the ongoing preparations for the commencement of the 2015 Act, the Decision Support Service has been undertaking a recruitment process to establish the Decision-Making Representatives panel. It is intended that this panel will consist of approximately 125 members and will be geographically spread to cover different parts of the country. Criteria for inclusion on the panel will include the applicant's experience, qualifications, expertise and general suitability. There are also specified mandatory and desirable eligibility requirements attached to the recruitment of panel members, and the Decision Support Service will be providing training to all recruited panel members.

Under the 2015 Act the Decision-Making Representative role will require the making of decisions in relation to both personal welfare, and property and affairs. The Act therefore envisions a diverse panel where a broad range of Decision-Making Representatives will be recruited and that is what my Department and the DSS are working to achieve. However, it must be acknowledged that the systems and procedures the Act will introduce are novel in this jurisdiction and initial panel composition will depend on the initial eligibility and range of applicants and the outcome of associated recruitment processes.

Disability Services

Ceisteanna (310)

Seán Sherlock

Ceist:

310. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth the engagement he has held on the matter of children's disability network teams in the past six months. [15561/22]

Amharc ar fhreagra

Freagraí scríofa

Currently officials in my Department are engaging on an on-going basis with officials from the Department of Health on all disability policy matters, as part of the work underway to prepare for the Transfer of Specialist Community Based Disability Services from the Department of Health to my Department.

My Department provides specialist support for children with additional needs in early learning and care services through the Access and Inclusion Model (AIM). AIM is a programme of supports designed to ensure that children with disabilities can access and meaningfully participate in the Early Childhood Care and Education (ECCE) pre-school programme.  AIM offers tailored, practical supports based on need and does not require a formal diagnosis of disability.  It should be noted that a formal diagnosis of disability does not guarantee additional supports under AIM, as it may be found that existing supports are sufficient to ensure a child’s meaningful participation in the ECCE programme. 

The HSE form part of our structures and as lead on 40 Children’s Disability Network Teams (CDNT), we engage from time to time on issues of assessment of need for supports.  The types of supports range from specific equipment and capital grants to assessing appropriate medical supports for children to enable them to attend preschool. Throughout recent weeks and months officials have provided detailed briefing to me on Children's Disability Network Teams and related issues. I have strongly supported and welcomed the significant additional funding provided in this year’s budget to the HSE to enhance the development of Children’s Network Disability Teams across the country.

The recently approved and published HSE National Service Plan demonstrates a strong commitment by the HSE to continued improvement in disability services. I very much welcome the recent publication of the Disability Capacity Review which it is hoped will provide a future road map for expansion and improvement of disability services. 

In addition I meet regularly with Minister Rabbitte on all important areas.

Departmental Data

Ceisteanna (311)

Catherine Connolly

Ceist:

311. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of refugees admitted into Ireland to date by country in 2022, in tabular form; and if he will make a statement on the matter. [15571/22]

Amharc ar fhreagra

Freagraí scríofa

Deputy, I can confirm that, as at 22 March, 51 people have been brought in through the Irish Refugee Protection Programme (IRPP) as humanitarian aid cases in 2022.

Please see full details as requested below:

Country

Arrivals

Afghanistan

48

Libya

3

Total

51

Departmental Reports

Ceisteanna (312)

Alan Farrell

Ceist:

312. Deputy Alan Farrell asked the Minister for Children, Equality, Disability, Integration and Youth the status of his Department’s report on the use of non-disclosure agreements in sexual harassment disputes; and if he will make a statement on the matter. [15585/22]

Amharc ar fhreagra

Freagraí scríofa

My department published a report on, “The prevalence and use of Non-Disclosure Agreements (NDAs) in discrimination and sexual harassment disputes” on the 7th March 2022. The report investigates the use and prevalence of Non-Disclosure Agreements (NDAs), with a specific focus on cases of alleged sexual harassment or discrimination in Ireland and a number of other jurisdictions, including the UK, USA, Canada and Australia.

The report was undertaken in the context of growing public awareness of the potentially unethical use of NDAs, and the ongoing review of Ireland’s Equality Acts. The research was also undertaken in the context of the introduction of a Private Member’s Bill designed to regulate the use of NDAs: the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 (Bill 82 of 2021).

The report draws together what is known about NDAs in order to provide a resource to policy-makers in their deliberations about any future regulation of their use in the Irish context. Its findings include that, in line with other jurisdictions, NDAs are used in Ireland in a range of contexts. While their inherent secrecy presents a challenge to researchers and policymakers seeking to understand their prevalence and impact, what is known is that: victims of sexual harassment and discrimination often feel isolated as a result of signing an NDA; organisations can use NDAs to silence victims and avoid challenging discriminatory organisational cultures; and, NDAs can prevent patterns of harassment and discrimination being identified and exposed.

The report includes recommendations on potential methodologies for further research, and an overview of stakeholder perspectives on the optimum legislative response. The report describes how some commentators and practitioners are in favour of the effective prohibition of NDAs in cases of sexual harassment or discrimination, while others favour their regulation, but still see an important role for them in the ethical resolution of disputes and worry about unintended consequences should they be prohibited.

The full report is available here: www.gov.ie/en/publication/ef5f6-the-prevalence-and-use-of-non-disclosure-agreements-ndas-in-discrimination-and-sexual-harassment-disputes/.

Departmental Policies

Ceisteanna (313)

Alan Farrell

Ceist:

313. Deputy Alan Farrell asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on his Department’s efforts to support the transgender community in Ireland; and if he will make a statement on the matter. [15592/22]

Amharc ar fhreagra

Freagraí scríofa

In line with the commitments in the National LGBTI+ Inclusion Strategy 2019 - 2022, my Department continues work on mapping of LGBTI+ community services. In November 2021, 42 projects received funding to a total amount of €1.5 million under the 2021 LGBTI+ Communities Services Fund. 

The fund comprises two schemes – one dealing with community services, and the other with visibility and inclusion.

This fund provides for initiatives that will promote inclusion, protect rights and improve quality of life and wellbeing for members of the LGBTI+ community, enabling them to participate fully in Ireland's social, economic, cultural, and political life. We are seeking to achieve tangible outcomes that will transform the lives of LGBTI+ people across Ireland and the Community Services Fund is designed specifically with these aims in mind. Several projects aimed at supporting the transgender community have been awarded funding under this scheme. These include a trans-inclusive project from the National Women’s Council, (€8,496) a monthly adult Trans Midlands Peer Support Group provided by Laois Youth Services, (€46,475) and an outreach initiative by Gay Project for trans men who experience intersectionality and multiple forms of discrimination and marginalisation in the Munster region (€73,100).

 The LGBTI+ Community Services Fund for 2022 will be announced in the coming months.

As the Deputy may be aware, I have also launched a review of the equality legislation, the public consultation of which has now been completed.  One of the objectives of the review is to examine how protections can be strengthened in relation to gender identity.

Childcare Services

Ceisteanna (314)

Kathleen Funchion

Ceist:

314. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of children currently enrolled in school-age children, SAC, services only; the current spend per head; and the number of those children availing of a pick-up service. [15597/22]

Amharc ar fhreagra

Freagraí scríofa

Data from the Annual Early Years Sector Profile 2020/21, gathered in June 2021, estimated that there were 181,565 children enrolled in Early Learning and Care (ELC) and School-Age Childcare (SAC) services nationally. Of these children, approximately 18% were classified as school-going children. These data refer only to ELC and SAC services in contract to deliver DCEDIY funding schemes. In addition to these services, there are up to 600 standalone SAC services registered with Tusla providing services to school-going children but not in contract to provide DCEDIY funding schemes.

In relation to SAC current spend per head, the data below presents the average fee charged by services for SAC (in term and out of term). These data are also drawn from the Annual Early Years Sector Profile, gathered in June 2021.

County

 

SAC   in term average hourly fee

SAC   out of term average weekly fee

Dublin - Dún   Laoghaire-Rathdown

 

€6.50

€199.52

Wicklow

 

€6.15

€177.36

Cork City

 

€5.96

€155.31

Kildare

 

€5.93

€165.52

Dublin -   Fingal

 

€5.74

€183.19

Meath

 

€5.74

€174.57

Kilkenny

 

€5.68

€164.44

Dublin -   Dublin City

 

€5.64

€171.35

Cork County

 

€5.50

€177.48

Dublin - South   Dublin

 

€5.48

€180.74

Westmeath

 

€5.46

€172.31

Wexford

 

€5.44

€172.88

Louth

 

€5.31

€165.48

Limerick

 

€5.29

€157.55

Grand Total

 

€5.25

€168.46

Carlow

 

€5.16

€144.00

Cavan

 

€5.02

€156.81

Sligo

 

€5.01

€152.41

Waterford

 

€5.00

€180.96

Clare

 

€4.99

€166.88

Mayo

 

€4.96

€159.15

Tipperary

 

€4.93

€158.83

Kerry

 

€4.89

€169.67

Galway

 

€4.86

€163.88

Offaly

 

€4.82

€161.67

Roscommon

 

€4.68

€160.57

Longford

 

€4.58

€151.88

Laois

 

€4.58

€165.91

Leitrim

 

€4.49

€167.00

Donegal

 

€4.31

€164.52

Monaghan

 

€4.28

€146.72

On the question of the number of children availing of a pickup service, this specific data is not available. However, data from the Annual Early Years Sector Profile showed that one in five of all ELC and SAC services who responded to the survey offered some level of transport; of whom 13% offer both drop-off and pick-up, 6% offer pick-up only and 1% offer drop-off only.

Adoption Services

Ceisteanna (315, 316)

Bernard Durkan

Ceist:

315. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he expects to be in a position to meet the concerns of all concerned in the adoption history of Ireland with particular reference to illegal adoptions; and if he will make a statement on the matter. [15670/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

316. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the degree to which he proposes to meet and address the concerns of the victims of illegal adoptions in Ireland; and if he will make a statement on the matter. [15671/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 315 and 316 together.

Since taking office, I have been concerned with addressing the issues and concerns arising for people affected by illegal birth registration. 

In January 2021, I established an Interdepartmental Group tasked with developing proposals to address the issues arising for people affected by the illegal birth registrations identified in the files of St. Patrick's Guild.  The proposals developed by the group were reflected in the General Scheme of the Birth Information and Tracing Bill which I published in May 2021.

On publication of the General Scheme, I held a bespoke consultation with affected persons to obtain their views on the legislative proposals and, specifically, on the elements of the legislation which were designed specifically to address the particular issues arising on foot of their illegal birth registration.  The responses to the consultation were very supportive of the proposals overall.  I also recently made some further important amendments to the Birth Information and Tracing Bill 2022 that further respond to the concerns of affected persons.

In addition, in March 2021 I asked Professor Conor O’Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022, I published his report which sets out 17 numbered recommendations.

In reflecting on these recommendations, I am pleased to confirm that the Birth Information and Tracing Bill 2022 can and will robustly fulfil the vast majority of the recommendations.  In particular, it will provide for access to records; access to counselling and related supports; access to a statutory tracing service, including genealogy expertise and facilitated contact with family; an accurate birth registration; official recognition of the identity by which a person has lived; a specialist tracing service; and safeguarding of records.  In addition, I am happy to move forward on recommendation 16 regarding a payment towards legal costs associated with, for example, a declaration of parentage, and have announced a once-off payment of €3,000 to the individuals affected by confirmed illegal birth registration in the files of St. Patrick’s Guild.

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