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Tuesday, 5 Jul 2022

Written Answers Nos. 412-431

Agriculture Schemes

Ceisteanna (412, 413, 414, 415)

Matt Carthy

Ceist:

412. Deputy Matt Carthy asked the Minister for Social Protection the estimated cost to increase the amount of income disregarded in respect of the farm assist scheme to 30% to 40%, 50%, 60% and 70%, respectively; in tabular form; and if she will make a statement on the matter. [35863/22]

Amharc ar fhreagra

Matt Carthy

Ceist:

413. Deputy Matt Carthy asked the Minister for Social Protection the estimated cost of increasing the limit of off-farm earnings in farm assist by €5, €10 and €20; and if she will make a statement on the matter. [35864/22]

Amharc ar fhreagra

Matt Carthy

Ceist:

414. Deputy Matt Carthy asked the Minister for Social Protection the estimated cost of increasing the depreciation of assets for farm assist to 10%; and if she will make a statement on the matter. [35865/22]

Amharc ar fhreagra

Matt Carthy

Ceist:

415. Deputy Matt Carthy asked the Minister for Social Protection the estimated cost of increasing the capital disregard of farm assist to €36,000; and if she will make a statement on the matter. [35866/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 412 to 415, inclusive, together.

Farm Assist is a statutory income support specifically for farmers on low-incomes.  There are approximately 4,700 claims in payment at present.  The Government has provided €53.9 million for the scheme for 2022.  

 The amount paid weekly to a person in receipt of Farm Assist is dependent on a number of factors, including family composition, earnings from farming, off-farm employment or self-employment and income from Department of Agriculture, Food and the Marine schemes.  The means assessment under this scheme is generous when compared with the means test applied under Jobseeker's Allowance for other self-employed individuals.  Farmers also retain access to activation programmes.

Under the farm assist means test, income from a range of agri-environmental schemes attract a disregard of €2,540, with 50% of the balance assessed as means.  There are also annual disregards for dependent children; €254 for each of the first two children and €381 for the third and other children. Remaining farm income and income from off-farm self-employment is then assessed at 70%, with 30% disregarded.  The approximate estimated annual cost, for every 1,000 recipients, of increasing the income disregard from 30% to 40% would be €0.6 million; to 50% would be €1.1 million; to 60% would be €1.7 million; and to 70% would be €2.3 million. 

Further to the commitment in the Programme for Government and in the Rural Development Policy 2021-2025, my Department recently reviewed the means assessment disregards for the Farm Assist.  The report is available on the Government's website.  One of the key recommendations of the report was to provide for an extensive expansion to the list of agri-environmental schemes that qualify for a disregard which I recently introduced effective from June 2022.  

In line with the provisions for Jobseeker's Allowance, a disregard of €20 per day, up to a maximum of €60 for up to three days, applies to off-farm earnings from employment in the means test for Farm Assist.  The cost of increasing the disregard would depend on the number of farmers in off-farm employment and the number of days worked and this information is not readily available.  The impact of this measure on a Farm Assist recipient who works 8 hours for 1 day a week at minimum wage and has means of €38 deducted from their weekly payment would be as follows: the means would reduce to €35 if the disregard was increased to €25 per day, €32 if the disregard was €30 per day and €26 if the disregard was €40 per day. 

In line with other means tested social welfare schemes, the first €20,000 of capital is not assessed under Farm Assist.  The Review estimated that some 700 Farm Assist recipients would benefit from an increase in the amount disregarded in the capital assessment.  Increasing the capital disregard  to €36,000 would cost between €0.5 and €1 million per annum.  There may also be a number of persons who do not currently qualify for a payment as their means are in excess of the maximum amount permitted as a result, inter alia, of capital held who would qualify due to the increase in the initial amount disregarded. 

Where capital assets, such as farm machinery or equipment, are purchased outright, an allowance for depreciation relative to their usage is made.  There would be a cost to increase the depreciation to a standard rate of 10% which would require a detailed analysis to provide an accurate costing.  This information is not readily available.

Any changes to the Farm Assist scheme would have to be considered in a budgetary context, within the scope of the overall resources available for welfare improvements and with consideration to other social welfare schemes.

I trust this clarifies the position.

Question No. 413 answered with Question No. 412.
Question No. 414 answered with Question No. 412.
Question No. 415 answered with Question No. 412.

Covid-19 Pandemic Supports

Ceisteanna (416)

Catherine Connolly

Ceist:

416. Deputy Catherine Connolly asked the Minister for Social Protection if she will provide an update on the review in relation to amending the occupational injury and illness scheme or public sector pay in relation to cases of long-Covid contracted in the workplace, particularly in relation to the possible recognition of long-Covid as an occupation illness or disease; and if she will make a statement on the matter. [35926/22]

Amharc ar fhreagra

Freagraí scríofa

Long-Covid does not constitute an occupational injury under the Occupational Injuries Benefit scheme.  My Department is not conducting a review in relation to amending the scheme as this condition does not meet the criteria for the scheme.

My Department provides a suite of income supports for those who are unable to work due to an illness or disability.  Entitlement to these supports is generally not contingent on the nature of the illness or disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. 

The Occupational Injuries Benefit Scheme is operated by this Department and entails a group of benefits for people injured or incapacitated by an accident at work or while travelling directly to or from work.  The scheme also covers people who have contracted a disease as a result of the type of work they do.  There are a number of benefits available and there are different conditions attached to each benefit.  Benefits include Injury Benefit, Disablement Benefit, Incapacity Supplement, Constant Attendance Allowance and the Medical Care Scheme. 

Covid-19 does not constitute a prescribed disease or illness as set out in the Social Welfare Consolidation Act 2005.  Section 87 (2) of the Act states that a disease or injury shall be prescribed for the purposes of this section in relation to any insured persons, where the Minister is satisfied that— 

(a) it ought to be treated, having regard to its causes and any other relevant considerations, as a risk of their occu­pations and not as a risk common to all persons, and 

(b) it is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reason­able certainty. 

For the above reason, I do not intend adding Covid-19 or people suffering long-term effects of Covid-19 to the list of prescribed diseases as they do not meet the criteria as laid down in the Act.  

In response to the COVID-19 pandemic in March 2020, Enhanced Illness Benefit, a temporary payment, was introduced in the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1) and subsequent regulations.  The Government provided for entitlement to an enhanced Illness Benefit for persons who have been diagnosed with Covid-19 or who are a probable source of infection with Covid-19.  

The enhanced rate is payable for a maximum of ten weeks for those diagnosed with Covid-19.  In a case where a person continues to be ill beyond 10 weeks, standard Illness Benefit may be paid for an extended period, based on the person’s continued eligibility.  Illness Benefit is the primary income support payment for people who are unable to attend work due to illness of any type and who are covered by Pay Related Social Insurance contributions.  It is payable for up to two years, depending on satisfying the eligibility conditions.  Additional payments may also be made in respect of a qualified adult and qualifying children.

As the Deputy will know, public sector pay and corresponding policy and regulations do not fall within the remit of this Department. 

I trust this clarifies the matter for the Deputy.  

Public Services Card

Ceisteanna (417)

Alan Kelly

Ceist:

417. Deputy Alan Kelly asked the Minister for Social Protection the status of a public services card for a person (details supplied); if she will expedite same in order for the person to urgently obtain a driving licence; and if she will make a statement on the matter. [35935/22]

Amharc ar fhreagra

Freagraí scríofa

A replacement Public Services Card (PSC) has been issued to the person concerned which should be received within the next 5 working days.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (418)

Bernard Durkan

Ceist:

418. Deputy Bernard J. Durkan asked the Minister for Social Protection if an urgent review will be carried out of application for a domiciliary care allowance in the case of a person (details supplied) given the ongoing medical requirements of their son; and if she will make a statement on the matter. [35960/22]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance (DCA) is a monthly payment to the parent/guardian of a child with a disability so severe that the child requires care and attention and/or supervision substantially in excess of another child of the same age.  This care and attention must be provided to allow the child to deal with the activities of daily living.  The child must be likely to require this level of care and attention for at least 12 months. 

An application DCA from the person concerned in respect of their child on 22 October 2021.  A Deciding Officer disallowed the claim on 31 January 2022, as the child was not considered to satisfy the qualifying conditions for DCA.  The person concerned was notified in writing of this decision, the reasons for it and of their right of review and appeal.

The person concerned has not submitted any new or additional information or evidence to date for consideration and there is no record of a request for an appeal of this decision.  The person concerned may request a review of this decision and should forward any new or additional information or documentary evidence that was not previously available to the Department for consideration.  A full review of the decision will be completed by a deciding officer on receipt of this information.

I wish to advise that it is also open to the person concerned to contact the independent Social Welfare Appeals Office (SWAO) at 0818 747474 or swappeals@welfare.ie to see if it is possible to request a late appeal.  The person concerned would be required to outline why she did not appeal the decision within 21 days of the outcome of the decision of 31 January 2022.  The Appeals Office would then decide if a late appeal will be accepted.

I hope this clarifies the position for the Deputy. 

Employment Support Services

Ceisteanna (419)

Cian O'Callaghan

Ceist:

419. Deputy Cian O'Callaghan asked the Minister for Social Protection if grant funding to cover the costs of staff redundancies in jobs clubs will be provided to prevent costly wind-up processing involving insolvency; and if she will make a statement on the matter. [36013/22]

Amharc ar fhreagra

Freagraí scríofa

My Department contracts with different service providers for a range of employment services including those provided by Job Clubs, Local Employment Services and JobPath services. Contractually, any payments made to contractors are solely related to the delivery of these employment services. There is no contractual provision for additional payments to contractors related to their fiduciary duties as Board members or employers.  Furthermore the contracts for service with Job Club providers are specific in that matters related to staff employment are solely and explicitly the responsibility of the employer, in this case, the contractor. This includes responsibility for any redundancy payments should they arise.

My Department does not have a responsibility to manage or fund the legal obligations of external contractors. The type of contract the Deputy refers to have been previously closed by other contractors or terminated by the Department within the guidelines and in line with the contracts, there has been no previous provision or requirement for additional payments outside of the allocated budget.

Specifically in regard to redundancy payments. It is the employer’s responsibility to pay statutory redundancy payments to all eligible employees. If an employer is unable to pay due to financial difficulties or insolvency, an application for payment from the Social Insurance Fund (SIF) under the Redundancy Payments scheme can be submitted to the Department of Social Protection (DSP). Applications can be made through the welfare partners website, www.welfarepartners.ie, the Redundancy and Insolvency Unit in my Department can provide information regarding redundancy payments to any employer who requires it.

Social Welfare Payments

Ceisteanna (420)

Bernard Durkan

Ceist:

420. Deputy Bernard J. Durkan asked the Minister for Social Protection the status of the ongoing review into an alleged overpayment in the case of a person (details supplied); and if she will make a statement on the matter. [36037/22]

Amharc ar fhreagra

Freagraí scríofa

I refer to the Deputy’s Dáil Questions No. 1148 and No. 237.  In initiating a review of the overpayment the person concerned was asked to provide her end of year payslips and those of her spouse for the years 2014 to 2020.  An official from the Ballyfermot Intreo Centre phoned the person concerned on 14/06/2022 requesting these documents.  A letter confirming the request also issued on 14/06/2022 in which the person was asked to provide the payslips within two weeks and was further advised to contact officials if she was experiencing difficulty in accessing this documentation.  When the person did not respond to the correspondence a reminder letter issued on 28/06/2022.   

To date the person concerned has not provided any documentation or contacted my officials.  It is important that the person concerned engages with my officials and provides the requested information to ensure a thorough review can take place.  The person should contact my officials in Ballyfermot by email, at Ballyfermot@welfare.ie, if she is experiencing difficulty in accessing the payslips.

I trust this clarifies the matter.

Social Welfare Payments

Ceisteanna (421)

Paul Kehoe

Ceist:

421. Deputy Paul Kehoe asked the Minister for Social Protection if there are any circumstances in which a claim for fuel allowance by a person (details supplied) will be backdated; and if she will make a statement on the matter. [36056/22]

Amharc ar fhreagra

Freagraí scríofa

Fuel Allowance is an administrative (non-statutory) scheme, and is awarded only from date of receipt of fuel application. 

The person concerned submitted an application for fuel allowance on 13 June 2022 and it was awarded from 15 June 2022.  

Based on the information provided to the Department, I can confirm that in this case the Department has backdated the award of fuel allowance for 6 months from the date of receipt of the application.  Fuel allowance is only payable during the fuel season from October to April. 

Consequently, the person concerned was awarded fuel allowance with effect from 29 December 2021.  Arrears of fuel allowance for the period from 29 December 2021 to 12 April 2022 issued on 30 June 2022.  

I trust this clarifies the matter for the Deputy. 

Social Insurance

Ceisteanna (422)

Pearse Doherty

Ceist:

422. Deputy Pearse Doherty asked the Minister for Social Protection if her Department will be updating the demographic projections and the consequent impact on the Social Insurance Fund according to projections (details supplied); and if she will make a statement on the matter. [36084/22]

Amharc ar fhreagra

Freagraí scríofa

The Pensions Commission’s Report was published on the 7th October 2021.  It contained almost 250 pages of analysis, consideration and recommendations.  The report, Technical Sub-Committee's working papers and submissions made to the Commission are available on the website, pensionscommission.gov.ie.  The report established that the current State Pension system is not sustainable into the future and it has set out a recommended approach for Government.

In the interests both of older people and future generations of older people, the Government is considering the comprehensive and far reaching recommendations in the Commission’s Report very carefully and holistically.  My officials are examining each of the Commission’s recommendations and I am consulting across Government through the Cabinet Committee system.  The views of the Joint Committee on Social Protection, Community and Rural Development and the Islands and the Commission on Taxation and Welfare will also be considered as part of these deliberations.  Once we have considered all of these matters in detail and taken on board the views of my Ministerial colleagues, I intend bringing a recommended response and implementation plan to Government. 

It is clear from the Pensions Commission’s work that State Pension reform is necessary and it is complex.  It would be a strategic risk not to plan and provide for projected demographic changes, not least in terms of income adequacy for older people.  The State Pension is the bedrock of the pension system in Ireland.  It is extremely effective at ensuring that our pensioners do not experience poverty.  This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers including those who are only starting their careers.

Any of the Pensions Commission’s proposals that are progressed by Government will, of course, be subject to ongoing analysis based on relevant and timely information including projections for population and State Pension related expenditure.  My officials have noted that the preliminary results of the Census of Population 2022 were issued by the CSO on the 23rd June 2022 and that the CSO is scheduled to publish the full set of Census 2022 results between April and December 2023. 

As Minister for Social Protection, I am required to have an actuarial review of the social insurance fund undertaken at five yearly intervals.  The review takes account of the adequacy or otherwise of the contributions to the fund to support benefits and other payments as well as other matters relevant to the current and future financial condition of the fund.  The next actuarial review of the social insurance fund in respect of the year ending 31st  December 2020 is underway.  The review is expected to be completed later this year and a copy will be laid before each House of the Oireachtas within six months of its completion in accordance with the statutory requirement to do so.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (423)

Richard Bruton

Ceist:

423. Deputy Richard Bruton asked the Minister for Social Protection the number of persons who have lost the adult dependent allowance as a result of a fresh means test undertaken in the past 12 months; if she will consider increasing the savings disregard given that the present threshold of €20,000 has not been revised in a long time and does not go very far in meeting the contingencies of old age for which many people will wish to prepare; and if she will make a statement on the matter. [36133/22]

Amharc ar fhreagra

Freagraí scríofa

With regards to providing the number of persons who have lost the increase for a qualified adult as a result of a fresh means test undertaken in the past twelve months, the Department's systems do not record the necessary data in the appropriate format in order to answer the query.  It should also be noted that, for social assistance schemes such as Jobseeker's Allowance or Disability Allowance, for example, a family rate of payment is applied dependent upon household composition.  If the family has means, this is deducted from the family rate of payment rather than the qualified adult payment being reduced or withdrawn.

The Department operates a range of means-tested social assistance payments.  Social welfare legislation provides that the means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme.  Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments. 

The assessment of capital reflects the fact that there is an expectation that people with reasonable amounts of capital and property are in a position to use that capital or to realise the value of property to support themselves without having to rely solely on a means-tested welfare payment.

In this regard, for most social assistance schemes, the first €20,000 of capital is fully disregarded; the next €10,000 assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.

Disability Allowance and Carer’s Allowance have the highest capital disregard of all social assistance schemes; the first €50,000 of capital is fully disregarded; the next €10,000 assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.

Any proposals to change the capital means assessment for means-tested social assistance schemes would have to be considered in the overall budgetary context.

Social Welfare Appeals

Ceisteanna (424)

Joe Carey

Ceist:

424. Deputy Joe Carey asked the Minister for Social Protection when a decision will be made in respect of the carer's allowance appeal of a person (details supplied); and if she will make a statement on the matter. [36136/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeals of the person concerned by way of summary decision.  The person concerned was notified of the Appeals Officer’s decision on 30 June 2022.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

Citizens Information Services

Ceisteanna (425)

Violet-Anne Wynne

Ceist:

425. Deputy Violet-Anne Wynne asked the Minister for Social Protection the estimated cost if the budget for the Citizens Information Board increased by 5% in 2023. [36157/22]

Amharc ar fhreagra

Freagraí scríofa

The Citizens Information Board (CIB) is the statutory body responsible for supporting the provision of information, advice (including money and budgeting advice) and advocacy on a wide range of public and social services.  It provides some services directly to the public and directly funds and supports an extensive range of services through its delivery partners including the Citizens Information Services (CIS’s), the Citizens Information Phone Service (CIPS), the Money Advice and Budgeting Service (MABS), the National Advocacy Service for People with Disabilities (NAS), and the Sign Language Interpreting Service (SLIS).

CIB is allocated an annual budget from which it funds all of its services.  The budget allocation for CIB for 2023 will form part of the annual estimates process.  However, I can inform the Deputy that, in 2022, CIB’s overall budget allocation is €60.258million.  A 5% increase on this would equate to an approximate increase of just over €3 million.

Social Welfare Benefits

Ceisteanna (426)

Ivana Bacik

Ceist:

426. Deputy Ivana Bacik asked the Minister for Social Protection if she intends to develop further supports and services to address the needs of children and adults with autism; and if the implementation of such services and supports will be informed by feedback from members of the autism community. [36230/22]

Amharc ar fhreagra

Freagraí scríofa

My Department provides a suite of income supports for those who are unable to work due to an illness or disability.  It is important to note that entitlement to these supports is generally not contingent on the nature of the illness or disability but on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.  My Department spent an estimated of €4.8 billion on illness, disability and caring payments in 2021. 

In addition to income supports, my Department provides a wide range of services and supports to assist jobseekers with a disability to find work and to incentivise employers to recruit them support them in employment.

Disability-related income schemes have been designed to support people with disabilities to enter or return to employment or self-employment.  Both Disability Allowance and Blind Pension are structured to support recipients to avail of opportunities to pursue their employment ambitions, be that self-employment or insurable employment.  When an individual commences employment, they can avail of an income disregard of €140 per week and 50% of earnings between €140 and €375 per week are disregarded in the means test.  The Partial Capacity Benefit scheme allows a person who has been in receipt of Invalidity Pension or Illness Benefit to enter or return to employment and continue to receive a partial or full payment.  

The Back To Work Enterprise Allowance has been designed to support persons, including persons with disabilities, to become self-employed. Customers retain a percentage of their income support payment for up to 2 years.

My Department provides a case managed employment service to jobseekers, including those with disabilities, who seek support from their local Intreo Centre.  They work with a case officer with a view to agreeing a suitable personal progression plan in order to access the full range of employment supports available.  Intreo also delivers a recruitment and job matching service for employers. 

Employment programmes such as Community Employment and the Work Placement Experience Programme provide valuable stepping stones into sustainable employment.  My Department also contracts AHEAD (Association for Higher Education Access and Disability) to deliver the Willing Able Mentoring (WAM) and ‘Get Ahead’ Programmes on its behalf.  These programmes provide paid work experience and other supports for graduates with disabilities seeking to enter or re-enter employment.

Funding is also available through the Training Support Grant to help the person access private sector training providers. 

As part of our commitments under the Pathways to Work Strategy and the Comprehensive Employment Strategy, my Department will shortly commence an early engagement approach that will see the Intreo service proactively engaging with persons with a disability at the earliest opportunity, to offer support and assistance to help them enter or return to employment.  The process will initially focus on persons aged 18 to 22 in receipt of Disability Allowance, before being expanded to other age groups and schemes.  

My Department also contracts for the provision of Local Area Employment Services.  Providers deliver a case-managed employment service for all jobseekers, including those with disabilities.   

My Department recognises the additional challenges that some jobseekers with disabilities may experience in securing and maintaining employment, and contracts for the provision of specialist employment services (EmployAbility) to help address this.  A jobseeker with a disability who is working with their Intreo case officer (or LEAS provider) may be referred to these service providers if it is agreed that they would benefit from the type of services and support provided.  Jobseekers work with a job coach who provides both pre-employment and in-employment support and assistance.  Providers also deliver a recruitment and job matching service for employers.

My Department also provides a range of services and supports for employers to recruit/retain jobseekers with a disability, including financial incentives under the Wage Subsidy Scheme and Reasonable Accommodation Fund Grants.  The Disability Awareness Support Scheme provides funding for employers to pay for disability awareness training for staff who work with a colleague with a disability.

My Department has installed autism supportive sensory rooms in a number of locations.  The first room, in Limerick, arose from an Autism Initiative in 2019 by local Department staff in conjunction with local autism organisations.  The intention was to make the journey for our customers and their dependents more amenable to their place on the spectrum.  It was a bottom-up idea and reflects the culture and values of engaged and innovative staff and was driven by a committed group on the ground.

As part of a rolling programme of maintenance in Intreo Centres, rooms will be provided in every Intreo Centre where this is feasible.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (427)

Christopher O'Sullivan

Ceist:

427. Deputy Christopher O'Sullivan asked the Minister for Social Protection if a disability allowance application by a person (details supplied) will be processed in the coming weeks; and if she will make a statement on the matter. [36244/22]

Amharc ar fhreagra

Freagraí scríofa

I confirm that an application from the person concerned for disability allowance (DA) was received by the Department on 24 March 2022.

The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

The application has been referred to a Social Welfare Inspector (SWI) on 06 April 2022 for a report on the person’s means and circumstances.  Following further recent contact with the Inspectors office, the claim has been assigned to a Social Welfare Inspector (SWI) for an urgent assessment.  Once the SWI has submitted his/her report, a decision will be made on the application as quickly as possible and the person concerned will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Legislative Reviews

Ceisteanna (428)

Ivana Bacik

Ceist:

428. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth if he will amend section 2(1) of the Employment Equality Act 1998 to insert, after "behaviour" in paragraph (e) of the definition of disability, "or seriously affects a person's capacity to take part in normal social interaction or to form social relationships"; if it is planned to do so within the next 12 months; and if he will provide a timeline for doing so. [36215/22]

Amharc ar fhreagra

Freagraí scríofa

In June 2021, I announced my intention to conduct a review of the Equality Acts (comprising of the Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015). The review will examine the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality, including in relation to disability.  The review will examine definitions in this regard.  Work is currently underway to consider the issues which have been put forward as part of the public consultation on the review.  The aim is to conclude the review this year and to bring forward legislative proposals in early 2023.

Appointments to State Boards

Ceisteanna (429)

Michael Ring

Ceist:

429. Deputy Michael Ring asked the Minister for Children, Equality, Disability, Integration and Youth the number of former civil servants who are currently serving on State boards under his remit; the number of former county managers and chief executive officers of local authorities who are currently on each of the State boards under his remit; and if he will make a statement on the matter. [33847/22]

Amharc ar fhreagra

Freagraí scríofa

There are six bodies under the aegis of my Department that have a board.  They are the Adoption Authority of Ireland, Tusla (The Child and Family Agency), Oberstown Children Detention Campus, the National Disability Authority, the Irish Human Rights and Equality Commission and Gaisce (The President’s Award). My response to your question pertaining to each individual body can be found in the document attached.

Body

Adoption Authority of Ireland

Nil

Irish Human Rights & Equality Commission

Nil

Oberstown Children Detention Campus

Nil

National Disability Authority (NDA)

The NDA board comprises 12 ordinary members and an independent Chairperson. The NDA Act 1999 establishes that the majority of members would be persons with disabilities, their representatives, families or carers. The ordinary members of the Authority include one serving officer of the Minister, and one representative of another Minister of the Government who has direct concern with responsibility for activities relevant to the function of the Authority. At this time, there are no other members of the Authority who are members of the Civil Service (former or current) and no members who are former county managers or local authority officers.

Gaisce (The President’s Award)

One current member of the Council previously worked in the Civil Service.

In addition to this member, the Taoiseach’s nominee to the Council is generally whomever holds the post of Head of Protocol in that Department. This position is vacant as of June 30th 2022, as Miriam Dollard, who previously held this position, retired from the civil service, simultaneously retiring from the Gaisce Council.

Tusla (The Child & Family Agency)

The following Board Members (current) are former civil servants:

Liam Irwin (Revenue)

Ann O’Gara (Department of Education)

Sean Quigley (Courts Service)

Also, Tusla Board Member, Sean Holland, is currently serving as Chief Social Worker in the Department of Health in Northern Ireland.

Burial Grounds

Ceisteanna (430, 431)

Donnchadh Ó Laoghaire

Ceist:

430. Deputy Donnchadh Ó Laoghaire asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the fact that Cork City Council cannot locate burial records for a person (details supplied); if his Department will assist in this search; and if he will explain the lack of burial records. [35259/22]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

431. Deputy Donnchadh Ó Laoghaire asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the fact that Cork City Council cannot locate burial records for a person (details supplied); if his Department will assist in this search; and if he will explain the lack of burial records. [35260/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 430 and 431 together.

I am very conscious of the pain experienced by families in relation to the deaths of children at former Mother and Baby Homes, including Bessborough, and the uncertainty surrounding some of their burial locations. 

The Commission of Investigation into Mother and Baby Homes concluded that it is likely that some of the children who died in Bessborough are buried in the grounds but was unable to find any physical or documentary evidence of this. The Commission carried out cartographic and landscape assessments of possible unrecorded burial arrangements and also followed up with people on responses to its appeal seeking information about burials in Bessborough. As no evidence of locations was found, the Commission did not consider it feasible to excavate the full available site, which amounts to 60 acres.  As the land is in private ownership, it is not open to the Government to procure or carry out investigations there.

The Commission also examined the possibility that former residents may have been buried in other locations. It examined the surviving burial records relating to the eight burial grounds that operated in Cork City and its surrounding hinterland between 1922 and 1998 but was only able to confirm the burial locations of 63 children who were associated with Bessborough.

I have engaged with the Minister for Housing, Local Government and Heritage with a view to supporting local authorities, including Cork City Council, in incorporating appropriate policies on protection of burial sites into their development plans.

It is a matter for relevant planning authorities, Cork City Council and An Bord Pleanála in this instance, to make determinations regarding planned developments in the grounds of Bessborough. I have consistently highlighted that it is important to have regard to any need for further investigations by appropriate experts in relation to works commencing on a site like Bessborough.  I have also emphasised that any development should give adequate consideration to requests from survivors and their families for appropriate access and respectful memorialisation. 

In 2021, I made submissions to An Bord Pleanála and Cork City Council as part of the normal planning process in respect of two planning applications made on the Bessborough lands, requesting that due consideration be given to the sensitivity of the site and the conclusions of the Commission. An Bord Pleanála refused permission to develop the area in question because it was not satisfied that the site was not previously used as a children’s burial ground.

I am committed to continuing to raise the importance of respectful treatment of sites linked to former Mother and Baby institutions and promote engagement with relatives of the deceased, former residents and other stakeholders for that purpose.

The issue of the management of burial records relating to local graveyards is a matter for the Department of Housing, Local Government and Heritage.

Question No. 431 answered with Question No. 430.
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