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Thursday, 23 Jun 2022

Written Answers Nos. 331-340

Human Rights

Ceisteanna (331)

Bernard Durkan

Ceist:

331. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the appropriate bodies which may make a retrospective decision against countries causing aggression, death and destruction on a regular basis; if the United Nations Security Council is addressing these issue; and if he will make a statement on the matter. [33547/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s strong and enduring commitment to effective multilateralism, particularly through our membership of the European Union and the United Nations, is central to our response to international acts of aggression and the complex drivers of conflict around the globe. 

There are a number of international bodies which seek to hold States to account for their actions.   

We have been actively using our current role as an elected member of the UN Security Council in this context. Our approach at the Security Council is underpinned by three core principles: Building Peace, Strengthening Conflict Prevention, and Ensuring Accountability. In line with these, our priorities include: highlighting potential drivers of conflict, such as climate and food insecurity; improving peacekeeping mandates; and promoting respect for international law and accountability. We continue to support efforts at the UN Security Council to ensure full respect for international humanitarian law and international human rights law. 

The Human Rights Council has a primary role within the United Nations system to promote and protect human rights globally and to address situations of human rights violations. In March this year, Ireland co-sponsored a Human Rights Council resolution establishing an independent Commission of Inquiry to investigate all alleged violations of international human rights law and international humanitarian law and related crimes in the context of Russia’s invasion, and supported the UN General Assembly’s decision to suspend Russia’s membership rights from the Human Rights Council on 7 April. 

The International Criminal Court (ICC) promotes and upholds accountability and the rule of law by providing a means to bring to account the perpetrators of the most serious crimes of concern to the international community. Ireland, together with its EU partners, has been a consistent and strong supporter of the ICC and will continue to support its important work. As part of our support for the Court, on 14 April I announced that Ireland will make a voluntary contribution of €3 million to the ICC, €1 million of which has already been distributed to the Office of the Prosecutor.  This contribution will be used to benefit the ICC’s work across all situation countries.

Human Rights

Ceisteanna (332)

Bernard Durkan

Ceist:

332. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which at international level, he continues to highlight the degree to which child soldiers, if any, continue to be used in combat; their respective locations; and if he will make a statement on the matter. [33548/22]

Amharc ar fhreagra

Freagraí scríofa

I thank the Deputy for his question and am pleased to refer him to my previous response to a closely related parliamentary question no 4181/22

(www.oireachtas.ie/en/debates/question/2022-01-27/231/?highlight%5B0%5D=conflict) dated the 27th  of January 2022 which included information from the most recent annual report by the UN Secretary General.

We look forward to shortly receiving the next annual report from the UN Secretary General on Children and Armed Conflict (CAAC), which will provide an updated analysis of both trends and specific country situations, listing all armed groups that recruit and use children.

The UN Secretary General’s Special Representative on Children and Armed Conflict also presented her most recent report at the 49th Session of the UN Human Rights Council, painting a disturbing picture of the plight of children in conflict situations around the world. As Ireland noted in our National Statement at the 49th Session of the Human Rights Council, the killing and maiming of children; the recruitment and use of children; and the denial of humanitarian access, are appalling violations and have no place in our society.

Brexit Issues

Ceisteanna (333)

Bernard Durkan

Ceist:

333. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the degree to which he continues to support the retention of the Northern Ireland Protocol in order to ensure that the interests of the island of Ireland are kept to the fore; and if he will make a statement on the matter. [33549/22]

Amharc ar fhreagra

Freagraí scríofa

The Protocol on Ireland/Northern Ireland is the agreed EU-UK solution to mitigate the impact of Brexit across this island, to protect the Good Friday Agreement and the peace process as well as protecting the integrity of the EU’s single market. It remains a key part of the Withdrawal Agreement, under which the UK left the EU, and paved the way for the Trade and Cooperation Agreement between the EU and the UK.

As such, it continues to have Ireland’s full support, as well as the backing of all EU member states.

The Protocol is also supported by people and businesses in Northern Ireland. The Protocol gives Northern Ireland unique access to both the EU Single Market as well as the rest of the UK internal market, which combined comprise over half a billion people. The message I have consistently heard from Northern Ireland is that there is a real desire to make the most of the opportunities this presents. People and business want continued access to both the EU and GB markets, and predictability and stability. The UK Government’s unilateral actions undermine these objectives and create unwelcome uncertainty for Northern Ireland businesses.

The Government continues to undertake a coordinated and consistent approach in support of our Brexit priorities, which includes working with the Commission to find jointly agreed solutions to the challenges around the implementation of the Protocol.

I am in ongoing and intensive contact with my counterparts across the EU, including European Commission Vice-President Šefcovic, who I spoke with on 13 June. I am also in regular contact with the UK Foreign Secretary and Secretary of State for Northern Ireland. The EU’s commitment to Northern Ireland is undiminished.  There is strong opposition to the UK’s illegal unilateral action and full support for the Commission approach.

We know the operation of the Protocol can be improved. Ireland has stated this clearly, as has the Commission. That is why the EU has put forward practical solutions to the genuine concerns that have been raised in Northern Ireland. These are bespoke arrangements that further demonstrate the flexibility the EU is willing to show - including an openness to further change its own rules. 

The EU is willing to discuss these solutions with the British government. With political will, there are solutions to be found for the genuine issues of concern to people and business in Northern Ireland.  Finding these solutions will allow Northern Ireland to experience in full the positive effects the Protocol can have on trade, investment, growth and employment.

Brexit Issues

Ceisteanna (334)

Bernard Durkan

Ceist:

334. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which he continues to support the Northern Ireland peace process notwithstanding efforts by others to damage the structure; if it is recognised that an international agreement must be adhered to; and if he will make a statement on the matter. [33550/22]

Amharc ar fhreagra

Freagraí scríofa

As co-guarantor of the Good Friday Agreement, the Government is firmly committed to working  with the British government and with the parties in Northern Ireland in support of the full implementation of the Good Friday Agreement and subsequent implementing agreements. The gains of the peace process have been exceptional and it is our responsibility both to safeguard them, and to build upon them into the future.

In recent weeks and months, there have undoubtedly been a number of issues that have been very challenging.

The UK Government published legislation yesterday to replace the Human Rights Act. It will take time review it in detail and consider its proposed provisions, along with other relevant Government Departments. The incorporation of the European Convention on Human Rights into UK domestic law was a critical part of the Good Friday Agreement. The rights protections afforded by the ECHR and the Human Rights Act have been essential in creating confidence in Northern Ireland’s political, policing and judicial structures over the past 24 years.

We are very concerned by any potential diminution of human rights protection in Northern Ireland that might arise from this, which may impact upon the crucial trust in the Agreement and the protections that it extends to citizens in Northern Ireland. We have underlined that concern to the British Government in the context of the review established in 2020 to examine the framework of the Human Rights Act, including at the most recent meeting of the British Irish Intergovernmental Conference. We will continue to engage with the British Government to ensure that the rights and protections as guaranteed by the Good Friday Agreement are fully maintained into the future.

The system of government at Stormont is at the centre of the Good Friday Agreement and it is paramount that the institutions of power-sharing are restored. It is for the parties now, and those representatives that have been elected by the people, to come together to get the Assembly up and running, the NI Executive established and the NSMC fully operational again, and the Irish Government will continue to work to support these vital goals. I have remained and continue to remain in regular contact with the parties in Northern Ireland following the Assembly elections, and have also been in contact with the Secretary of State for Northern Ireland. 

It is vital that nothing is done to undermine political stability in Northern Ireland, and that we work collectively in support of all the institutions of the Agreement.

The UK Government’s decision to table legislation to unilaterally dis-apply elements of the Protocol on Ireland/Northern Ireland is disappointing and deeply concerning. The Protocol was designed and agreed by the UK and the EU to protect the Good Friday Agreement in all its dimensions and to mitigate the inevitable disruption arising for the island of Ireland from Brexit.

The Protocol fully recognises the constitutional position of Northern Ireland and the principle of consent as set out in the Good Friday Agreement. It protects North South cooperation and the all-island economy, the gains of the peace process which benefit communities North and South, and ensures ‘no diminution of rights, safeguards, or equality of opportunity’ as set out in the Good Friday Agreement.  

The fundamental purpose of the Protocol is to protect the Good Friday Agreement. Arguing that the Protocol and the Good Friday Agreement are incompatible is disingenuous and irresponsible. Taken together, they are a powerful expression of what negotiation and partnership can achieve.

A constructive and solution-focussed approach is needed from all concerned, and the Government has communicated that message clearly and strongly to the UK Government.

It is also a matter of real concern that the British government has chosen to introduce legislation on the legacy of the past, unilaterally, moving away from the process agreed in the Stormont House Agreement. We have profound concerns both on the substance of the Northern Ireland Troubles (Legacy and Reconciliation) Bill and the process of its introduction, and are deeply conscious that it has been strongly opposed by victims, by the Northern Ireland parties, and by civil society groups. There are also serious questions with regard to the Bill's compliance with international human rights obligations.

The Government has communicated our concerns and continues to engage with the UK Government and others on this most sensitive issue as a matter of urgency.

The Government will continue to do all in its power to work together with the British Government and the parties in Northern Ireland to work for lasting peace, deeper reconciliation and a prosperous future for all the people of Northern Ireland.

Human Rights

Ceisteanna (335)

Bernard Durkan

Ceist:

335. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which the trafficking of women and children or vulnerable persons continues to be combatted at international level; the countries cooperating or not cooperating in this effort; the actions taken or pending against the perpetrators; and if he will make a statement on the matter. [33551/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland is a strong contributor to European Union, Council of Europe and United Nations efforts to combat trafficking in persons.  This includes our work across the UN system, including at the UN Security Council, UN General Assembly, and at the UN Human Rights Council.

At the UN Security Council the issue of trafficking in persons is considered in the context of certain country-specific discussions. Ireland actively engages in these discussions in addition to co-chairing the Security Council’s Informal Expert Group on Women, Peace and Security. UN Security Council resolution 2331 on Islamic State, recognised the trafficking of women and girls in conflicts as a form of violence against women. Ireland also actively engages on this issue at the UN Human Rights Council and Third Committee of the UN General Assembly.

My Department is a strong supporter of the mandate of the UN Special Rapporteur on Trafficking in Persons, especially women and children, and regularly meets with the current holder of the mandate, Professor Siobhán Mullally.

Most recently, on 22 June, Special Rapporteur Mullally presented her report on Trafficking in persons in the agriculture sector. Ireland made a submission to the Special Rapporteur during the research stage and delivered a national statement during the interactive dialogue with the Special Rapporteur on the Report’s findings. We also co-sponsored a side event hosted by the Special Rapporteur on the subject of her report. The Special rapporteur regularly issues statements and produces country-reports which are available at www.ohchr.org/en/special-procedures/sr-trafficking-in-persons/country-visits, along with the reports of previous mandate holders.  

At EU level, combating trafficking is a key priority in the EU Action Plan on Human Rights and Democracy 2020-2024. The Plan’s objectives include promoting measures to prevent and fully eradicate trafficking in human beings, including by countering impunity for all perpetrators involved. On 14 April 2021, the Commission adopted a new EU Strategy on Combatting Trafficking in Human Beings (2021-2025) and the ongoing evaluation of the Anti-trafficking Directive aims to update the EU legal framework to ensure efficiency in addressing the current challenges.

Finally, Ireland provides core funding to the International Organisation for Migration (IOM). IOM works in partnership with governments, the United Nations, international and non-governmental organizations, the private sector and development partners on all aspects of counter-trafficking responses: prevention, protection, and prosecution.

State Examinations

Ceisteanna (336)

Michael Ring

Ceist:

336. Deputy Michael Ring asked the Minister for Education the reason that junior certificate students completing the Irish listening section of the examination only hear the listening extracts twice in view of the fact that Irish is a second language for children in T2 schools and considering that students hear the listening extract three times in the exam for other modern languages; and if she will make a statement on the matter. [33255/22]

Amharc ar fhreagra

Freagraí scríofa

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

State Examinations

Ceisteanna (337)

Michael Ring

Ceist:

337. Deputy Michael Ring asked the Minister for Education the reason that there is no oral assessment of the Irish language included in the junior certificate exam considering that the oral exam counts for 40% in the leaving certificate thereby resulting in a disconnect between those exams for students; if she has any plans to introduce an oral assessment of Irish for the junior certificate; and if she will make a statement on the matter. [33256/22]

Amharc ar fhreagra

Freagraí scríofa

The development of students’ oral language skills is to the fore in the new specifications for Irish as part of the Framework for Junior Cycle.

The previous oral examination in the Junior Certificate was optional and was taken by approximately 40% of students, and was generally assessed by their teachers. The new assessment arrangements under the Framework for Junior Cycle on the other hand require all students to engage in an assessment of their oral skills through Classroom Based Assessment. This gives a greater opportunity for all  students to develop and enhance their oral language proficiency skills over the three years of Junior Cycle and to foster their ability to use the Irish language.

With effect since 2017, as part of the Framework for Junior Cycle, Junior Cycle provision for Irish in post-primary schools and settings comprises two new specifications. The L1 (Language 1, in Irish, Teanga 1) specification is targeted at students in Irish-medium schools and students in English-medium schools who learn one or more subjects (apart from Irish) through the medium of Irish. The L2 (Language 2, Teanga 2) specification is targeted at other students in English-medium schools. 

The new specifications (both L1 and L2) have a strong emphasis on oral language. This is particularly highlighted in the main strand of the specifications – Communicative Competence. This strand places an enhanced emphasis on Irish as the language of learning and communication in classrooms as well as an emphasis on the skills required to communicate effectively with other users of the language. Communication, opportunities for use and interaction are central to classroom tasks. 

The assessment of these skills forms an integral component of the overall language learning experience and occurs in a number of ways. As well as the completion of tasks where students use and demonstrate their oral language skills to achieve specific learning outcomes, their oral language skills are also formally assessed through the two new Classroom-Based Assessments (CBAs). The second Classroom-Based Assessment in particular is entirely based on students’ oral language competence. The CBA is linked to ongoing classroom exchanges and represents a more authentic reflection of students’ interests and competence levels in Irish. Importantly, the oral skills of all students are now assessed in classroom-based assessments and formally reported upon in each students’ Junior Cycle Profile of Achievement.  Unlike the previous reporting format in which candidates receive one overall grade based on their achievement in Irish in the Junior Certificate, whether they undertake the optional oral or not, the Junior Cycle Profile of Achievement allows students’ achievement in the CBAs to be recorded independently of the result in the state-certified examination.

These new arrangements provide a greater opportunity for students to develop their oral language proficiency skills. 

My Department remains committed to encouraging the use of spoken Irish.  The development of the new curriculum specifications for Irish at Junior Cycle was informed by research and extensive consultation with the education partners including practising teachers and students. Extensive continuing professional development (CPD) provided to teachers is complemented by a range of other supports. The new approach gives better recognition to the development of students’ oral competence, including their ability to speak Irish, over the three-years of Junior Cycle.

As is the case with all of the specifications developed under the Junior Cycle Framework, the NCCA reviews the enactment of subject specification by conducting interim reviews once each subject specification has been experienced across the three-year span of their Junior Cycle. The purpose of such reviews is to capture feedback from teachers, students and stakeholders on their experiences of the new specifications. In February 2021, the NCCA opened a public consultation on draft L1 and L2 specifications for Leaving Certificate (established) Irish. In response to subsequent stakeholder requests, the NCCA extended the timeline for this consultation and also undertook to conduct and early enactment review of the specifications for Junior Cycle Irish. Accordingly, the NCCA commissioned Dublin City University to conduct this review which I am advised is expected to be completed later this year. The draft report, will in due course, be presented to NCCA Council for consideration. 

State Examinations

Ceisteanna (338)

Michael Ring

Ceist:

338. Deputy Michael Ring asked the Minister for Education if she has plans to make the literature section of the new junior certificate specification more student friendly particularly as critical analysis is not required of the students in other modern language examinations at that level; and if she will make a statement on the matter. [33259/22]

Amharc ar fhreagra

Freagraí scríofa

Following extensive stakeholder consultation, new L1 and L2 specifications for Junior Cycle Irish were introduced in September 2017. Due the disruption to learning and cancellation of the summer 2020 and 2021 Junior Cycle examinations as a result of the Covid-19 pandemic it was not possible for students to engage with the final assessment component which is set by the State Examinations Commission until this year. The cohort of students currently taking Junior Cycle examinations are therefore the first to have engaged with the full range of learning and assessment experiences in line with the specifications for Junior Cycle Irish. 

As part of the ongoing cycle of curriculum redevelopment, the NCCA reviews the enactment of subject specifications by conducting interim reviews once each subject specification has been experienced across the three-year span of their Junior Cycle. The purpose of such reviews is to capture feedback from teachers, students and stakeholders on their experiences of the new specifications. In February 2021, the NCCA opened a public consultation on draft L1 and L2 specifications for Leaving Certificate (established) Irish. In response to subsequent stakeholder requests, the NCCA extended the timeline for this consultation and also undertook to conduct and early enactment review of the specifications for Junior Cycle Irish. Accordingly, the NCCA commissioned Dublin City University to conduct this review which I am advised is expected to be completed later this year. The draft report, will in due course, be presented to NCCA Council for consideration. 

State Examinations

Ceisteanna (339)

Michael Ring

Ceist:

339. Deputy Michael Ring asked the Minister for Education her views on whether it is reasonable that students in the new Junior Certificate Irish exam are being asked to answer 15 questions at higher level or 11 questions at ordinary level in two hours; and if she will make a statement on the matter. [33260/22]

Amharc ar fhreagra

Freagraí scríofa

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

State Examinations

Ceisteanna (340)

Michael Ring

Ceist:

340. Deputy Michael Ring asked the Minister for Education the reason in relation to the JCT training for Irish when teachers asked for guidance on exams, facilitators were unable to offer assistance or advice and there was no communication with the State Examinations Commission or those involved in setting the papers; and if she will make a statement on the matter. [33261/22]

Amharc ar fhreagra

Freagraí scríofa

Junior Cycle for Teachers (JCT) is a support service of my Department whose remit is the provision of an extensive programme of continuing professional development (CPD) to support the implementation of the Framework for Junior Cycle, subject specifications and associated teaching, learning, assessment, and reporting practices. The programme includes whole staff CPD, school leader CPD and subject specific CPD for teachers.

The JCT Gaeilge Team works and liaises with all education stakeholders and partners using established protocols and organisational structures, including the State Examinations Commission, in relation to teaching learning, reporting and assessment practices envisioned in the Framework. This includes, but is not limited to, the design of CPD, the integrated nature of the Learning Outcomes in the Gaeilge specification, and associated messages regarding ongoing assessment, classroom-based assessment, and the final assessment.

When working to support teachers with the enactment of the specification and associated assessment moments (including the final assessment), Advisers communicate the importance of the integrated approach to using Learning Outcomes for assessment, and the structure and format of the paper(s) as specified by the State Examinations Commission. Advisers also offer other exam related support, guidance and information, but are careful not to go beyond their remit. The State Examinations Commission is a separate body to Junior Cycle for Teachers whose remit includes the development, design, administration and assessment of the final assessment for Junior Cycle Gaeilge. In instances where a teacher’s query falls within the remit of the State Examinations Commission, teachers are given the information they require to pursue their query with SEC. The JCT Gaeilge Team, also communicates teacher queries, observations and concerns to the State Examinations Commission on an ongoing basis.

Following extensive stakeholder consultation, new L1 and L2 specifications for Junior Cycle Irish were introduced in September 2017. Due the disruption to learning and cancellation of the summer 2020 and 2021 Junior Cycle examinations as a result of the Covid-19 pandemic it was not possible for students to engage with the final assessment component which is set by the State Examinations Commission until this year. The cohort of students currently taking Junior Cycle examinations are therefore the first to have engaged with the full range of learning and assessment experiences in line with the specifications for Junior Cycle Irish. 

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