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Gnáthamharc

Wednesday, 15 Jun 2022

Written Answers Nos. 144-163

School Staff

Ceisteanna (144)

Aodhán Ó Ríordáin

Ceist:

144. Deputy Aodhán Ó Ríordáin asked the Minister for Education if her attention has been drawn to the impact that the pandemic has had on the ability of substitute teachers to qualify for the supplementary panel on the basis of hours worked due to their loss of 65 available days during the school closure in 2020; if she will consider awarding a proportion of the 65 days for which schools were closed to substitute teachers for increment and panel-qualification purposes based on the proportion of available days worked; if she will alternatively consider reducing the threshold for increments and qualification from 183 days to 123 days for that year only in order to assist this group which has already suffered financially in the pandemic; and if she will make a statement on the matter. [31233/22]

Amharc ar fhreagra

Freagraí scríofa

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

The criteria, reviewed annually with the Education Partners, are published on the Department website.  Circular 57/2021 sets out the arrangements for the Supplementary Panel for the 2022/23 school year. 

Special Educational Needs

Ceisteanna (145)

Michael Lowry

Ceist:

145. Deputy Michael Lowry asked the Minister for Education if her attention has been drawn to the case of a child (details supplied) who was refused SNA supports in their school; if she will review correspondence from the CAMHS team which supports the need for an SNA; if her attention has been drawn to the current allocation of SNA supports provided to their school is not sufficient to deliver the SNA supports that this pupil needs; the steps that are being taken to address the SNA needs of this child in school; and if she will make a statement on the matter. [31258/22]

Amharc ar fhreagra

Freagraí scríofa

The NCSE has responsibility for planning and coordinating school supports for children with special educational needs including the allocation of SNAs and reviews. My Department does not have a role in making individual school determinations.

The Special Needs Assistant (SNA) scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs.  Such support is provided in order to facilitate the attendance of those pupils at school and also to minimise disruption to class or teaching time for the pupils concerned, or for their peers, and with a view to developing their independent living skills.

SNAs are not allocated to individual children but to schools as a school based resource. The deployment of SNAs within schools is a matter for the individual Principal/Board of Management of the school.  SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. 

It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. 

In relation to SNA support the NCSE have confirmed that the school has an allocation of SNA support to provide support for children with primary care needs.

The following arrangements for the allocation of SNA support in respect of students in mainstream classes for 2022/23 will apply:

a) The SNA allocations for mainstream classes in schools on 31st May 2022 will be maintained for 2022/23. This will provide greater certainty for schools.

b) A process for schools, whereby if they consider their SNA allocation is in excess of the required care needs, to engage with the NCSE. Schools should contact their local NCSE Special Education Needs Organiser (SENO) to commence the process.

c) The exceptional review process undertaken by NCSE will remain in place throughout the 2022/23 school year, where schools can seek a review of their SNA allocations which will result in one of the following outcomes:

i. No change in the level of care need identified (and no change in the resultant SNA allocation);

ii. Increase in the level of care need identified (which if significant would see an increase in the SNA allocations to the schools) ;

iii. Decrease in level of care need identified in the school (which if significant would result in a reduction in SNA allocations as the care need could be managed with less resources than are currently allocated); In relation to outcome iii, the SNA allocation will be adjusted at the end of the relevant school term.

It is expected that schools will review and reprioritise the deployment of SNAs within mainstream settings and allocate resources to ensure those with the greatest level of need receive the greatest level of support. Providing access to SNA support continues to be based on primary care needs as outlined in DES Circular 0030/2014 circulars.gov.ie/pdf/circular/education/2014/30.pdf. Following such a review and reprioritisation, it is expected that a small number of schools, e.g. developing schools, may not have a sufficient SNA allocation to meet the needs of their students. These schools can apply to the NCSE for an Exceptional Review of their allocation.

Detailed information on the NCSE Exceptional Review process is published on the NCSE website. ncse.ie/application-for-sna-exceptional-review.

The NCSE will endeavour to respond to all applications for Exceptional Review received as expediently as possible and in that regard, it will prioritise applications from schools with no current SNA allocation and developing schools. The Exceptional Review process for mainstream allocations will be available to schools throughout the 2022/23 school year.

The NCSE has developed an appeal mechanism for schools who are not satisfied with the outcome of the Exceptional Review. Local Special Educational Needs Organisers (SENOs) will provide information and clarification to schools on the outcome where requested. Where schools wish to appeal the outcome of the review, they must do so using the prescribed form provided by the NCSE ncse.ie/ncse-appeals-process

The NCSE have published the SNA allocations for the 2022/23 school year and they are available at ncse.ie/set-hours-and-sna-allocations

All schools have the contact details of their local SENO, and the SENO is available to offer assistance and advice to the school. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

The school should liaise with the NCSE directly in the event that additional supports are required.

School Staff

Ceisteanna (146)

Michael Lowry

Ceist:

146. Deputy Michael Lowry asked the Minister for Education the reason that access to an English as an additional language teacher for a school (details supplied) in County Tipperary was revoked; if her attention has been drawn to the fact that a direct provision centre was established in the area in November 2019 and that the number of English as an additional language pupils attending this school is approximately 22% of the school’s student population; the steps that will be taken to address the revocation of the post given that the school is continually increasing its number of English as an additional language pupils; and if she will make a statement on the matter. [31259/22]

Amharc ar fhreagra

Freagraí scríofa

Each primary school receives a Special Education Teaching allocation.  The Special Education Teaching allocation provides a single unified allocation for special educational support teaching needs to each school, based on each school’s educational profile and also encompasses the Language Support (EAL) allocation that schools were allocated in previous years.  

Further temporary Language Support is also provided, as necessary, to schools that have high concentrations of pupils that require language (EAL) support. At primary level, these allocations are made on the basis of appeals by schools to the Primary Staffing Appeals Board.  Information is available in Circular 25/2022.

Since the original appeal decision was issued to the school referred to by the Deputy, officials from my Department have been in touch with the school principal who has submitted an application form.  The revised application form has been considered and the school has been informed of the provisional allocation of 1 fixed-term EAL post for the 2022/23 school year, pending confirmation of September enrolments.

School Staff

Ceisteanna (147)

Michael Healy-Rae

Ceist:

147. Deputy Michael Healy-Rae asked the Minister for Education the reason that some qualified primary school teachers (details supplied) been denied supplementary panel rights as a result of school closures in 2020; and if she will make a statement on the matter. [31280/22]

Amharc ar fhreagra

Freagraí scríofa

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

The criteria, reviewed annually with the Education Partners, are published on the Department website.  Circular 57/2021 sets out the arrangements for the Supplementary Panel for the 2022/23 school year.

State Examinations

Ceisteanna (148)

Bríd Smith

Ceist:

148. Deputy Bríd Smith asked the Minister for Education if her attention has been drawn to the concerns (details supplied) of students sitting the Leaving Certificate 2022 and their parents regarding the results being released on 31 August 2022; if she plans to address the matter by bringing the release of the results forward; and if she will make a statement on the matter. [31293/22]

Amharc ar fhreagra

Freagraí scríofa

The State Examinations Commission and my Department are acutely aware of the needs of candidates and end users in regard to the provision of Leaving Certificate results and are doing everything they can to ensure results are delivered as soon as possible.

In identifying the 2022 results date, there are a number of significant factors which when taken together together mean it is not possible to give a date for issue of the results at this time .

Firstly, there is the commitment to having a deferred series of exams for certain defined categories of eligible students. It is not yet possible to fully assess at this point how many students will become eligible for the deferred sitting and how many exams each will need to take.

The timeline for marking the examinations critically depends on the availability of sufficient numbers of experienced examiners to mark candidates’ work. There are still opportunities for teachers who wish to apply to be examiners with the SEC to do so and I would encourage teachers to apply for these roles.

Finally, in February I also announced that the outcomes of the 2022 Leaving Certificate will, in the aggregate, be no lower than the outcomes in 2021. This was to ensure that the students of 2022 are not disadvantaged relative to those in 2021. This will require time for analysis, implementation and quality assurance. This work can only be completed when the marking of the deferred examinations has itself been completed.

It has to be recognised that sufficient time must also be allowed for the range of checks and quality assurance procedures which are required in the resulting process to ensure that the highest standards possible are maintained.

With the above range of factors in play, it is not possible to give a date for issue of the results at this time However, the SEC is committed to providing a date as soon as it can.

Schools Building Projects

Ceisteanna (149)

Niall Collins

Ceist:

149. Deputy Niall Collins asked the Minister for Education when approval to proceed will issue to a school (details supplied); and if she will make a statement on the matter. [31342/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the extension to the school to which he refers has been devolved to the school authority for delivery.

I am pleased to inform the Deputy that the project was recently approved to proceed to the Planning Stage. 

School Staff

Ceisteanna (150)

Cathal Crowe

Ceist:

150. Deputy Cathal Crowe asked the Minister for Education if she will consider amending the qualifying terms, including the increment criteria, for primary school teachers applying for supplementary panel rights so as to reflect the fact that schools were closed for considerable periods during the Covid-19 pandemic; and if she will make a statement on the matter. [31352/22]

Amharc ar fhreagra

Freagraí scríofa

The core function of the redeployment arrangements is to facilitate the redeployment of all surplus permanent teachers to other schools that have vacancies. Thereafter, schools are required under the panel arrangements to fill permanent vacancies from supplementary panels comprised of eligible fixed-term (temporary/substitute) and part-time teachers.

The criteria, reviewed annually with the Education Partners, are published on the Department website.  Circular 57/2021 sets out the arrangements for the Supplementary Panel for 2022/23 school year.

Pension Provisions

Ceisteanna (151)

Jennifer Carroll MacNeill

Ceist:

151. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection if she will provide assistance to a person (details supplied) in obtaining a review of their pension; and if she will make a statement on the matter. [31046/22]

Amharc ar fhreagra

Freagraí scríofa

An application for state pension non-contributory, a means-tested payment, was received from the person concerned on 1 November 2021.  Pension was awarded with effect from 5 November 2021.

A request for review of state pension entitlement was received from the person concerned on 7 June 2022.  A Deciding Officer has written to the person on 10 June 2022 requesting further documentation in order to undertake a review of the person's means. 

On receipt of the requested information, the review will be carried out and the person concerned will be notified in writing of the outcome. 

I hope this clarifies the matter for the Deputy.  

Pension Provisions

Ceisteanna (152)

Jennifer Carroll MacNeill

Ceist:

152. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection if she will provide assistance to a person (details supplied) in obtaining a letter from her Department in relation to their pension; and if she will make a statement on the matter. [31047/22]

Amharc ar fhreagra

Freagraí scríofa

An application for state pension non-contributory, a means-tested payment, was received from the person concerned on 1 November 2021.  Pension was awarded with effect from 5 November 2021.

As requested by the Deputy, a letter has issued to the person concerned on 10 June 2022, detailing the assessment of means and confirmation of the current weekly rate of State pension non-contributory.

I hope this clarifies the matter for the Deputy. 

Social Welfare Benefits

Ceisteanna (153)

Jennifer Carroll MacNeill

Ceist:

153. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection the reason that a fuel allowance application by a person (details supplied) was not approved; if this decision will be reviewed; and if she will make a statement on the matter. [31048/22]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is in receipt of state pension non-contributory, which is a qualifying scheme for fuel allowance.  Under the rules of the fuel allowance scheme, only one allowance is payable per household.  The person concerned is not eligible for fuel allowance as the Department's records show that fuel allowance is already in payment to another person in the household.

I hope this clarifies the matter for the Deputy. 

Social Welfare Benefits

Ceisteanna (154)

John McGuinness

Ceist:

154. Deputy John McGuinness asked the Minister for Social Protection if a person (details supplied) will be approved for an invalidity pension as a matter of urgency based on their medical reports. [31194/22]

Amharc ar fhreagra

Freagraí scríofa

The person referred to has been awarded invalidity pension with effect from 24 February 2022 and will receive his first payment to his nominated credit union on 16 June 2022.  Any arrears due from 24 February 2022 to 15 June 2022 will issue in due course.  The person in question was notified of this decision on 09 June 2022. 

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (155)

Michael Healy-Rae

Ceist:

155. Deputy Michael Healy-Rae asked the Minister for Social Protection if he will address a matter (details supplied); and if she will make a statement on the matter. [31341/22]

Amharc ar fhreagra

Freagraí scríofa

In Budget 2022, I introduced a new measure to provide a grant of up to €500 a year for eligible individuals towards the cost of non-surgical hair replacement including wigs.  The grant has been available since 28 May 2022 under the Treatment Benefit scheme. 

The Treatment Benefit Scheme is a social insurance scheme funded through the Social Insurance Fund and administered by the Department of Social Protection.  Eligibility is based on age and social insurance contributions.  These conditions are set out on our gov.ie website and in a range of publications.

The hair replacement grant introduced on 28 May 2022 is an expansion of the range of services provided under the Medical Appliances strand of the Treatment Benefit scheme.  The grant is subject to medical eligibility requirements in addition to the general eligibility requirements.  It is available to people suffering from hair loss due to a disease or treatment of a disease including cancer and some forms of alopecia.

The qualifying medical conditions and treatments are outlined in regulations are set out in Statutory Instrument No. 259 of 2022, following input from medical officials in my Department's Medical Review and Assessment Section. Alopecia trichotillomania is not a qualifying condition for this grant.

The types of alopecia that qualify are: (i) alopecia areata (which includes alopecia totalis/universalis, diffuse alopecia areata, alopecia ophiasis), (ii) primary scarring alopecias (including cicatricial alopecia, frontal fibrosing alopecia and lichen planopilaris, or scarring alopecia), (iii) chemotherapy induced alopecia (anagen effluvium), (iv) alopecia resulting from surgery or trauma, including burns.  The grant does not cover hair loss resulting from any of the following: alopecia that is age related, genetic in nature or otherwise considered to be natural hair loss, of the type commonly called androgenic alopecia, or telogen effluvium, traction alopecia or trichotillomania.

I trust this clarifies the matter for the Deputy.

Departmental Funding

Ceisteanna (156)

Brendan Griffin

Ceist:

156. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth if funding will be provided to an accommodation provider (details supplied) to carry out safety works; and if he will make a statement on the matter. [31284/22]

Amharc ar fhreagra

Freagraí scríofa

Since the outbreak of the war in Ukraine on 24 February, and the invoking of the temporary protection Directive by the European Union shortly afterwards, my Department has worked intensively as part of the cross-governmental response to the Ukraine crisis.

The operational challenges brought about by responding to the conflict are significant. Our country has never experienced an influx of displaced persons like the one that we have seen over the past four months. My Department’s role is focused on the immediate, short-term accommodation needs of those who have fled here. To date, more than 34,000 people have arrived in Ireland and just in excess of 25,000 of those have been referred to us seeking accommodation from the State.

Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, a broad range of accommodation types have been contracted, including emergency accommodation. While this is not ideal, the priority is to place people fleeing the conflict in safe and secure accommodation.

Numbers seeking international protection have also increased adding to accommodation capacity issues.

The focus of my Department is to fund the provision of suitable temporary accommodation. Refurbishment works and associated funding of upgrades to accommodation would not normally be funded by my Department.

Childcare Services

Ceisteanna (157)

Brendan Griffin

Ceist:

157. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth if childcare fees will be capped for families who cannot qualify for the national childcare scheme and have more than one child in childcare services; and if he will make a statement on the matter. [31026/22]

Amharc ar fhreagra

Freagraí scríofa

One of my top priorities in Government is to improve affordability of Early Learning and Care (ELC) and School-Age Childcare (SAC) for parents. The package of measures announced in Budget 2022, particularly the Transition Fund and Core Funding, are designed to ensure that fees to parents do not increase and that the full affordability benefits of the National Childcare Scheme (NCS) are felt without being absorbed in fee increases.

The introduction of fee management measures is one of the recommendations contained in the Expert Group report, 'Partnership for the Public Good: A New Funding Model for Early Learning and Care and School-Age Childcare' , as approved by Government. Fee management will start with the requirement for providers to maintain fees at or below September 2021 levels to access Core Funding in 2022. This will be developed further in future years.

From August 2020 to April 2022, ELC and SAC services could access the Employment Wage Subsidy Scheme (EWSS) without having to demonstrate a reduction in turnover required by other employers. This significant level of funding to the sector has ensured that fees have remained largely static for the last two years and that providers have continued to be sustainable.

Following the tapering of EWSS and prior to the introduction of Core Funding, a Transition Fund is available to providers. The primary conditionality of the Transition Fund is an agreement not to increase fees from September 2021 levels. I am delighted to report that so far 94% of services have agreed to operate a freeze on parental fees by coming into contract for the Transition Fund.

Following the Transition Fund, Core Funding will become available from September 2022 and will be worth up to €221 million in a full year. A central condition of Core Funding will be that providers agree not to increase fees above those which were charged last year. This will give parents greater certainty about what they will be charged and ensure that increases to National Childcare Scheme (NCS) subsidies are not absorbed by fee increases.

NCS provides income-assess and universal subsidies in respect of ELC and SAC. Income-assessed subsidies are available to families with children aged between 24 weeks and 15 years. This subsidy is means-tested and calculated based on individual circumstances. Rates will vary depending on the level of family income, the child’s age and educational stage, and the number of children in the family.

Parents who do not qualify for an income-assessed subsidy may qualify for a universal subsidy. The universal subsidy is currently available to all families with children under 3 years old and families with children over 3 who have not yet qualified for the free preschool programme (ECCE). This subsidy is not means tested and provides 50 cents per hour towards the cost of a registered childcare place for a maximum of 45 hours per week.

Two significant number developments to the Scheme were announced as part of Budget 2022.

The first development, which came into effect on 2 May, has removed the practice of deducting hours spent in pre-school, or school, from NCS awards. This means that parents may use their full awarded subsidised NCS hours – benefitting an estimated 5,000 children from low income families.

The second change will extend the NCS universal subsidy to all children under the age of 15 from September 2022 – benefitting up to 40,000 children.

Both of these changes will result in more families receiving additional subsidised hours for early learning and childcare.

Additionally, participation in NCS is a requirement for services to come into contract for Core Funding (unless they are a sessional pre school service only).

Ensuring no fee increase, in tandem with developments to the NCS will together deliver improved affordability for parents and I hope to build on these in future.

As you can see, I am committed to putting in place a strong foundation to improve affordability for parents and sustainability for services, as well as improved quality of provision, including pay and conditions for the workforce. This foundation will allow for further developments in future years.

Childcare Services

Ceisteanna (158)

Matt Shanahan

Ceist:

158. Deputy Matt Shanahan asked the Minister for Children, Equality, Disability, Integration and Youth the plans that he has in place to support the early childhood care sector given the significant costs that childcare businesses are experiencing and the difficulties in recruitment and retention due to low wages; the way he intends to create additional space in the sector; and if he will make a statement on the matter. [31032/22]

Amharc ar fhreagra

Freagraí scríofa

I was pleased to have secured a Budget 2022 package of €716 million for investment in Early Learning and Care (ELC) and School Age Childcare (SAC), a very significant advance on the previous year and designed to begin to introduce major changes to the model of funding the sector.

The most substantial new development in Budget 2022 was the introduction of Core Funding. Core Funding is a new funding stream designed to facilitate a partnership between the State and ELC and SAC providers for the public good. Its primary purpose is to improve pay and conditions in the sector as a whole and to improve affordability for parents, as well as ensuring a stable income to providers. 2022 will see up to €73m being made available for Core Funding, which equates to €221m in full year costs.

Core Funding will give providers a stable income source based on the nature of the service they deliver. A provider’s income will now consist of Core Funding, NCS subsidies and ECCE capitation, as well as AIM funding for those services that participate in that model, in addition to parental fees. Structuring Core Funding primarily based on capacity means that services will have an allocation each year that will not fluctuate in line with children’s attendance.

Core Funding makes a contribution to staff costs, which comprise approximately 70% of a service's operating costs. In this respect, Core Funding includes allocations for improvements in staff pay and conditions (€138 million) and for administrative staff/time (€25 million). Employer costs are factored in to the staff costs allocation in Core Funding. A further €38 million will be distributed in line with ELC graduate qualifications of ELC Lead Educators and Managers in ELC or combined ELC and SAC services.

Core Funding also makes a contribution to non-staff overhead costs (for example, utilities, rent) that make up the remaining 30% of providers costs. In a full year, there is an allocation of €20 million for a contribution to non-staff overhead costs through Core Funding. This includes an increase since the original allocation was announced in the budget.

Extensive analysis of the income and costs of providers demonstrates that the combined funding model of ECCE, NCS and Core Funding offers a substantial and attractive package to providers to cover costs, including increased costs related to quality measures, while also committing to the key conditions of Core Funding such as the fee freeze.

On the matter of capacity, the availability of high-quality ELC and SAC is a key Government priority.

To ensure that the supply of ELC and SAC places meets demand, my Department has, since 2015, funded the creation of more than 27,000 new places through an Annual Capital Programme.

Before the onset of Covid-19, national data indicated that, on the whole, supply of places was meeting demand, with evidence of undersupply for certain age groups including children under 3, and in certain areas.

Data gathered throughout the Covid-19 pandemic revealed lower demand for ELC and SAC. Indeed, data captured in June 2021 found significant vacancy rates across the country – with the national vacancy rate averaging at 21%. My Department has continued to monitor capacity, with a particular focus on monitoring Covid-19 impacts as public health restrictions have been lifted and on responding to the unmet needs of families. In April of this year, City/County Childcare Committee (CCC) undertook a nationwide survey of capacity in ELC and SAC services. This was followed in May by the Early Years Sector Profile Survey that is undertaken by Pobal annually on behalf of my Department.

Capacity data captured through the recent CCC survey and the Early Years Sector Profile Survey has been extracted and will be made available in the coming weeks. An initial analysis of these data shows the national vacancy rate at 13.3%.

In addition to these efforts to monitor capacity issues across the country, my Department is planning a range of steps to address any issue of under supply. Some €70m has been allocated to my Department through the revised National Development Plan (NDP) – with the majority of this funding earmarked for new places. Under the National Action Plan for Childminding, I have committed to opening up access to the NCS to parents who use childminders following the extension of regulation to childminders, which is expected to happen within the first 2-3 years of the Plan.

My Department, in partnership with the Department of Housing Planning and Local Government, is in the process of updating the 2001 Planning Guidelines for Local Authorities on Early Learning and Childcare Settings. In addition, City/County Childcare Committees have been mobilised to engage proactively with services to identify vacant places and to explore possibilities for expansion among services, particularly where there is unmet need.

Direct Provision System

Ceisteanna (159)

Eoin Ó Broin

Ceist:

159. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth the total number of adults and children that have received their leave to remain but continue to reside in direct provision and the number of the persons in this situation for 1 year or less, between 1 and 2 and more than 2 years. [31143/22]

Amharc ar fhreagra

Freagraí scríofa

Deputy, as at 31 May there are 2,387 adults and 891 children, a total of 3,278, who have received leave to remain and continue to reside in direct provision. Please see below for a breakdown of these figures in the format as requested by the Deputy:

Length of time with Status

Number of People

1 year or less

2,754

1 to 2 years

405

Over 2 years

119

Total (as of 31/05/22)

3,278

Care of the Elderly

Ceisteanna (160)

Fergus O'Dowd

Ceist:

160. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if he will give reassurance to older persons that their liberties will be protected if they are unable to express their will and preferences for themselves given Ireland’s ageing population and the need to improve legislation to protect older persons in the future; when legislation will be introduced to specify clear legal procedures in relation to protection of liberty safeguards given that there is no statutory provision that a person should not be detained in a care setting against their will in the assisted decision-making (capacity) (Amendment) Bill 2022; and if he will make a statement on the matter. [31153/22]

Amharc ar fhreagra

Freagraí scríofa

The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 does not directly address protection of liberty safeguards. However, it will allow for the full commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2015 which will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871.  Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement. 

The Act will replace the wards of court system with a rights based model of tiered decision supporters, who will act in accordance with the will and preference of the relevant person. It will not be open for a decision supporter to arrange for treatment or care of a person against that person's will and preference.

Following the abolition of wardship, the inherent jurisdiction of the High Court will be the appropriate legal vehicle for any instance in which the issuing of a detention order is considered necessary for care or treatment and where there is an urgent risk of harm. The court will assess any such applications in the context of the rights at play and the commencement of the 2015 Act, as amended. 

This will be an interim arrangement pending the delivery of dedicated deprivation of liberty safeguards legislation. Protection of liberty safeguards legislation is the responsibility of the Minister for Health.  Work has been underway in the Department of Health on this, with a public consultation held in 2019. Unfortunately this work was paused to give initial priority to responses to the pandemic, however work has now resumed. This legislation will provide a comprehensive legal framework for the issues the Deputy has raised, in a manner that is cognisant of the provisions of the Assisted Decision-Making (Capacity) Act, as amended.

Refugee Resettlement Programme

Ceisteanna (161)

Mattie McGrath

Ceist:

161. Deputy Mattie McGrath asked the Minister for Children, Equality, Disability, Integration and Youth the number of hotel rooms being used to accommodate refugees; the numbers of hotels, guestrooms and bed and breakfasts that are being used to accommodate refugees in each county; and if he will make a statement on the matter. [31169/22]

Amharc ar fhreagra

Freagraí scríofa

My Department currently contracts approximately 6,200 rooms in hotels, guesthouses and B&Bs in use for refugees arriving from Ukraine. This equates to a capacity of approximately 16,300 beds. The Deputy should note that this number only includes rooms in hotels, guesthouses and B&Bs so excludes other accommodation types.

Please see the table below for the breakdown by county, as requested, for the number of hotels, guesthouses and Bed & Breakfasts that are being used to accommodate Ukraine refugees directly by my Department.

County

Hotel

B&B

Guesthouse

Carlow

1

1

0

Cavan

5

0

2

Clare

14

0

1

Cork

14

3

1

Donegal

5

9

7

Dublin

26

0

5

Galway

20

3

2

Kerry

11

7

8

Kildare

0

0

0

Kilkenny

1

0

2

Laois

3

0

1

Leitrim

3

1

1

Limerick

7

0

0

Longford

1

1

0

Louth

2

0

0

Mayo

3

1

2

Meath

1

2

1

Monaghan

0

0

1

Offaly

1

0

0

Roscommon

0

1

0

Sligo

2

3

2

Tipperary

3

0

1

Waterford

5

0

2

Westmeath

2

2

0

Wexford

10

1

2

Wicklow

3

0

0

Grand Total

143

35

41

Departmental Strategies

Ceisteanna (162)

Róisín Shortall

Ceist:

162. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the implementation of the action plan to support the National LGBTI+ Inclusion Strategy 2019-2022, in particular the actions related to hate crime in view of the recent rise in homophobic and transphobic attacks; and if he will make a statement on the matter. [31182/22]

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 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.

Action 21 of the Inclusion Strategy aims to ensure that Ireland has robust legislation and supports in place to combat hate crime, and encourages people to report it. The Department of Justice and An Garda Síochána lead on this action, and have introduced several measures to protect LGBTI+ people including changes to the recording of motives on the Garda PULSE system and the implementation of an online hate crime reporting tool.

It is expected that the Department of Justice will publish the Hate Crime Bill in the coming months. The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The protected characteristics identified in the General Scheme are race, colour, nationality, religion, ethnic or national origin, sexual orientation, gender, and disability.

Unaccompanied Minors and Separated Children

Ceisteanna (163)

Thomas Pringle

Ceist:

163. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the financial supports that are available to a family (details supplied) that is caring for an unaccompanied Ukrainian child who fled the war in Ukraine leaving their parents behind; and if he will make a statement on the matter. [31285/22]

Amharc ar fhreagra

Freagraí scríofa

Since the outbreak of the war in Ukraine on 24 February, and the invoking of the temporary protection Directive by the European Union shortly afterwards, my Department has worked intensively as part of the cross-governmental response to the Ukraine crisis.

The operational challenges brought about by responding to the conflict are significant. Our country has never experienced an influx of displaced persons like the one that we have seen over the past four months. My Department’s role is focused on the immediate, short-term accommodation needs of those who have fled here. To date, more than 34,000 people have arrived in Ireland and just in excess of 25,000 of those have been referred to us seeking accommodation from the State.

Tusla, the Child and Family Agency has a significant role, as part of the State's overall response, to support children and families displaced from Ukraine, as a result of the war and coming into Ireland. Tusla is committed to balancing the needs of families in a humanitarian crisis, with its child protection responsibilities, and requirement to support families and promote the welfare of children.

Children under the age of eighteen who are outside their country of origin, who may be in need of international protection and are separated from their parents or their legal/customary care giver are considered as Separated Children seeking International Protection (SCSIP).

SCSIP who arrive at ports of ports of entry to Ireland are referred to Tusla for a child protection needs assessment. In the first instance, Tusla makes every attempt to contact relatives of the child and to reunite the child with family members or friends. If children cannot be reunified with family or friends, they are received into the care of Tusla.

In circumstances, as raised by the Deputy, whereby parents of the children fleeing the war, have made arrangements for their care with families in Ireland prior to their arrival are not in the care of the State. Nevertheless, such arrangements between the parents and the Irish hosts are noted by Tusla upon arrival of the child in Ireland. A follow up visit to the new home of the children is typically arranged. The children will be welcomed into their new temporary community and are typically provided with schooling and other services as part of the whole of Government response to the war in Ukraine.

Officials from both my Department and the Department of Social Protection (DSP) have had discussions to ensure that a joined up approach is being taken to supporting these cases. Efforts so far include gathering information on the available financial supports with a view to disseminating that information across relevant service networks within the Departments and to relevant organisations that work alongside the Departments.

In these circumstances a number of financial supports may be available through Departments including DSP to the hosts in recognition of their efforts to assist the separated Ukrainian family and in particular the children. The hosts may also be able to avail of the Government’s scheme which recognises those who have pledged accommodation to those Ukrainians fleeing the war in their home country.

The proposed scheme is intended to provide a flat fee of €400 per month to those providing accommodation to Ukrainians .

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