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Gnáthamharc

Tuesday, 11 Oct 2022

Written Answers Nos. 516-536

Social Welfare Eligibility

Ceisteanna (516)

Claire Kerrane

Ceist:

516. Deputy Claire Kerrane asked the Minister for Social Protection the reason fuel allowance recipients who are participants in the employment support schemes cannot avail of the fuel allowance as a lump sum payment; if consideration has been given to offering the choice of weekly payments or lump-sum payment for those recipients particularly given many households rely on oil to heat their homes which requires a payment up front; and if she will make a statement on the matter. [50149/22]

Amharc ar fhreagra

Freagraí scríofa

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis. The programme is delivered through independent CE sponsoring organisations that operate in the community and voluntary sector.

CE sponsoring authorities receive annual contracts from my Department which fund the employment of both CE participants and supervisors, as well as funding towards training and material costs. Grant aid is provided by the Department to cover these costs on a per capita basis.

Fuel Allowance is a means tested payment to assist householders on long-term social welfare payments who are unable to provide for their own heating needs. Fuel Allowance, currently €33 per week, is paid from the end of September to April each year for 28 weeks. CE participants with an underlying entitlement to the allowance continue to receive it as part of their weekly payments, made by CE sponsors to participants.

These payment arrangements which are in place between my department and CE sponsoring organisations do not support the payment of the Fuel Allowance in an up-front lump sum to CE participants.

However, as part of the Government’s €505 million package aimed at mitigating the effects of rising energy costs an additional one-off payment of €125 was paid in early March to those in receipt of a Fuel Allowance, including CE participants. Under Budget 2023 a lump sum Fuel Allowance payment of €400 will issue in November 2022. This payment should assist those persons who pay for their fuel/heating needs by lump sum.

It should be noted that it has been possible to make these two recently agreed payments by lump sum as they are standard amounts payable to all who qualify and do not involve calculation of a weekly entitlement covering an extended entitlement period to be aggregated and paid by lump sum.

I trust this clarifies the matter for the Deputy.

Community Welfare Services

Ceisteanna (517)

Peadar Tóibín

Ceist:

517. Deputy Peadar Tóibín asked the Minister for Social Protection if he will ensure that the community welfare service remains in Trim and Kells, County Meath to maintain face-to-face appointments; the reason that her Department insists on implementing a policy of removing such services from regional and rural towns despite local opposition from the public in such circumstances; and if she will make a statement on the matter. [50187/22]

Amharc ar fhreagra

Freagraí scríofa

I am aware that concerns have been raised recently in local media in relation to the Community Welfare Offices in Trim and Kells.

There is, nor has there been, any plan to remove the Community Welfare Services from the Department’s offices in Kells and Trim. Community Welfare Officers continue to meet with customers in the Branch Offices in Kells and Trim and remain available to travel to meet customers if required.

The delivery of Community Welfare Services to meet the needs of citizens across the country remains a priority for the Department.

The Department has maintained staffing levels in its Community Welfare Service nationwide, reflective of the commitment given to continue to support the delivery of locally based services to customers.

I trust this clarifies the matter.

Social Welfare Payments

Ceisteanna (518)

Claire Kerrane

Ceist:

518. Deputy Claire Kerrane asked the Minister for Social Protection when the announced one-off payments announced in Budget 2023 are expected to be paid across October, November and December 2022, in tabular form per payment and respective dates; and if she will make a statement on the matter. [50192/22]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to announce the payment dates for each of the cost-of-living supports which are outlined below:

Budget 2023 Measure

Payment Date

Autumn Double Payment

Week commencing 17 October 2022

Double Child Benefit payment

1st November 2022

Fuel Allowance Lump Sum of €400

Week commencing 14 November 2022

€200 payment to people in receipt of Living Alone Allowance

Week commencing 14 November 2022

€500 Cost of Living Payment to those in receipt of Working Family Payment

Week commencing 14 November 2022

€500 Disability Support Grant to people receiving Disability Allowance, Blind Pension and Invalidity Pension

Week commencing 14 November 2022

Cost of living payment of €500 to those in receipt of the Carer's Support Grant (includes Domiciliary Care Allowance recipients)

Week commencing 21 November 2022

Christmas Bonus Double Payment

Week commencing 05 December 2022

I trust this clarifies the matter for the Deputy.

Social Welfare Offices

Ceisteanna (519)

Michael Creed

Ceist:

519. Deputy Michael Creed asked the Minister for Social Protection if social welfare offices throughout the country which are owned by her Department are liable for commercial rates; if she will clarify the situation regarding social welfare offices which are not owned by her Department and which are contracted privately to her Department as regards their liability for commercial rates; and if she will make a statement on the matter. [50234/22]

Amharc ar fhreagra

Freagraí scríofa

Under the Valuation legislation, any building occupied by a Department or office of State is not rateable. This includes my Department's headquarters buildings, Intreo Centres and other offices directly occupied by staff of the Department.

Private operators who provide contracted services to my Department engage directly with Revenue. Any liability for commercial rates of is not a matter for my Department.

Social Welfare Benefits

Ceisteanna (520)

Richard Bruton

Ceist:

520. Deputy Richard Bruton asked the Minister for Social Protection if a person who was unaware of their entitlement to household benefits when over the age of 70 years can claim retrospection to the point at which they turned 70 years; and if she will make a statement on the matter. [50264/22]

Amharc ar fhreagra

Freagraí scríofa

The Household Benefits package comprises of the electricity or gas allowance, and the free television licence. The package is generally available to people living in the State aged 66 years or over who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to some people under the age of 66, who are in receipt of certain welfare type payments.

The majority of those who qualify for the Household Benefits package do so as a result of being awarded a primary qualifying payment. When a primary qualifying payment is awarded to a customer, the award letter informs them of their possible entitlement to the Household Benefits package. For those who may qualify for the Household Benefits package without being in receipt of a qualifying payment, information is widely available; for example, the gov.ie website and through the network of the Departments offices and the Citizens Information Services.

In relation to backdating of Household Benefits package applications, payments may be backdated for up to 6 months where an entitlement existed, and further where there are extenuating circumstances. It is open to customers to make an application for backdating of their entitlement. Each case will be considered individually. However, lack of knowledge in and of itself is not a circumstance where backdating beyond 6 months can be considered.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (521)

Claire Kerrane

Ceist:

521. Deputy Claire Kerrane asked the Minister for Social Protection further to Parliamentary Question No. 234 of 5 October 2022, the average processing time for applications for additional needs payments for the 37% of applications which are not finalised within four weeks broken down by weekly timeframe in relation to processing times in tabular form; and if she will make a statement on the matter. [50278/22]

Amharc ar fhreagra
Awaiting reply from Department.

Social Welfare Appeals

Ceisteanna (522)

Brendan Griffin

Ceist:

522. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for a carer's allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [50282/22]

Amharc ar fhreagra

Freagraí scríofa

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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30 July 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 22 August 2022.

The case was referred on 9 September 2022 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Departmental Properties

Ceisteanna (523)

Holly Cairns

Ceist:

523. Deputy Holly Cairns asked the Minister for Social Protection the number of dedicated spaces for breastfeeding and expressing breast milk in workplaces within her Department and the workplaces of public bodies and agencies under her remit, including a list of said buildings which do and do not have these facilities; and if she will make a statement on the matter. [50348/22]

Amharc ar fhreagra

Freagraí scríofa

My Department operates 13 main offices and 62 Intreo Centres across this jurisdiction.

All of these buildings have at least one rest room for staff which can be used by a breastfeeding mother. The rooms have a bed, a chair and a lockable door. All our offices have fridge facilities for use by staff and arrangements are made locally by mothers who wish to store expressed milk. The Department also operates in a number of other buildings as a minor tenant, including HSE centres, which would provide similar facilities.

A circular issued to all staff in 2019 outlining the arrangements for mothers who wish to avail of breastfeeding breaks. A staff member who wishes to exercise this entitlement in either the form of breastfeeding breaks or reduced hours notifies her manager before her return to work from maternity leave. This provides an opportunity for any necessary arrangements to be made, including bringing in any additional equipment the mother may require.

The day-to-day implementation, monitoring and review of all work life balance arrangements (including flexible working arrangements in relation to breastfeeding breaks) is managed locally.

The Citizens Information Board operate five main offices nationally. CIB’s head office in Dublin has a dedicated wellness room which can be used by a breastfeeding mother. The remaining four offices have readily available space to accommodate breastfeeding mothers. All offices have refrigeration facilities available to store breast milk when required. CIB has a breastfeeding policy in place and all new mothers are informed of this policy on their return from maternity leave, with arrangements being made between the new mother and their line manager at local level.

The Pensions Authority occupies one office building at Verschoyle House, 28-30 Lower Mount Street, Dublin 2. There are rooms which can be made available to breastfeeding mothers. Breastfeeding mothers are entitled to adjustment of working hours for the purposes of providing breastfeeding breaks. The Authority also operates a hybrid work model which allows employees the flexibility to work from home.

Covid-19 Pandemic Supports

Ceisteanna (524)

Claire Kerrane

Ceist:

524. Deputy Claire Kerrane asked the Minister for Children, Equality, Disability, Integration and Youth the supports that are in place for workers with children who are required to isolate or stay at home due to Covid-19, in circumstances where the parent has to take time off work to care for the child and has to suffer a financial loss or take time from annual leave; and if he will make a statement on the matter. [50206/22]

Amharc ar fhreagra

Freagraí scríofa

There have been significant advances in the provision of family leaves in recent years. Parental Leave allows parents to take unpaid leave from work to spend time looking after their children, such as in situations where a parent needs to take time off work because their child is required to isolate or stay at home due to Covid-19. A person can take up to 26 weeks’ parental leave for each eligible child before their 12th birthday. Normally a person is required to give their employer 6 weeks’ notice if they want to take Parental leave, but employers can be asked to waive this notice period.

Parents can also avail of their entitlement to Parent's Leave. Parent’s leave entitles each parent to 7 weeks’ leave during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family. Parent’s Benefit of €250 per week is paid to eligible parents who satisfy certain PRSI conditions while on Parent’s Leave. As with Parental Leave, employers can be asked to waive the six-weeks' notice period required for Parent's Leave.

A person can also apply for force majeure leave, which is leave with pay for urgent family reasons owing to the injury or illness of an immediate relative.

On 21 April the Government gave its approval for the drafting of a Work Life Balance and Miscellaneous Provisions Bill. The Bill was approved on 20 September 2022 and will be introduced to the Houses of the Oireachtas tomorrow. The main purpose of the proposed legislation is to transpose elements of the EU Work Life Balance Directive and provide new rights to parents and carers in order to support a better work life balance.

Under the proposed legislation, parents and carers will see a right to request flexible working in line with Article 9 of the Directive and relative to this question, the introduction of five days leave per year for medical care purposes in line with Article 6 of the Directive. The Bill will also extend the current entitlement to breastfeeding/lactation breaks under the Maternity Protection Acts from six months to two years. The proposals will complement family leave and other entitlements already in place and provide additional flexibility to ensure that parents and carers can be supported to balance their working and family lives.

Adoption Services

Ceisteanna (525)

Thomas Pringle

Ceist:

525. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will ensure that adoption information applications can be received from people resident in the United States and that the inability of the system to accept US phone numbers will not be a barrier to them lodging an application; and if he will make a statement on the matter. [49456/22]

Amharc ar fhreagra

Freagraí scríofa

On 3rd October 2022, Information and Tracing services, established under the Birth Information and Tracing Act 2022 opened to applications. The Adoption Authority of Ireland and the Child and Family Agency, Tusla are experiencing a high level of interest in the new services, with a total of 1,898 applications received in the first 24 hours alone.

As can be expected with any new online application service with high volume activity, an early technical challenge was encountered which impacted some international stakeholders seeking access to the Tusla portal. However, necessary technical corrections were made immediately and the issue was resolved by the afternoon of the 3rd October, i.e. that same day. In addition, Tusla apologised to the persons affected and directly followed up with as many of them as possible to ensure that they could subsequently submit their online applications.

My Department also engaged with colleagues in the Department of Foreign Affairs to ensure that relevant embassies and consulates were aware of the issue and able to assist any persons seeking their support.

I am satisfied that the issue was adequately addressed and resolved, and that people in other jurisdictions are able to make applications through the portal.

United Nations

Ceisteanna (526, 531)

Martin Browne

Ceist:

526. Deputy Martin Browne asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on Ireland's ratification of the optional protocol of the UN Convention on the Rights of Peoples with Disabilities, as Ireland is one of the only EU states which has not ratified the treaty. [49459/22]

Amharc ar fhreagra

Holly Cairns

Ceist:

531. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he will ensure that the ratification process for the Convention on the Rights of Persons with Disabilities Optional Protocol occurs separately to the first reporting cycle in the UNCRPD; and if he will make a statement on the matter. [49632/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 526 and 531 together.

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.

I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention. Ratification of the Optional Protocol is a commitment in the Programme for Government, to follow the State's first periodic review before the UN Committee.

Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed. In light of this, I have indicated that I am open to earlier ratification, independent of the timelines involved in the review of the State Report.

Ratification, when it occurs, will be contingent on the State being in a position to meet its obligations thereunder. This is reflective of the State’s long-standing approach to entering into binding international obligations in good faith, and at a point where the State is in a position to meet its obligations.

Work is underway to determine in full the requirements for ratification to occur at the earliest possible date. One key action required for ratification is the full commencement of the Assisted Decision-Making (Capacity) Act 2015. This Act is a key requirement for compliance with a number of measures related to the UNCRPD. Amending legislation is required to commence the Act in full and this is before the Houses at the moment. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has cleared all Dáil Stages and completed Committee Stage in the Seanad on 6 October.

Ukraine War

Ceisteanna (527)

Éamon Ó Cuív

Ceist:

527. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth when a decision will issue in relation to an email (details supplied) submitted by this Deputy to the Ukraine crisis temporary accommodation team on 10 August 2022; and if he will make a statement on the matter. [49490/22]

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 months.

My Department’s role is focused on the immediate, short-term accommodation needs of those who have fled here. To date, more than 51,000 people have arrived in Ireland and in excess of 40,000 of those have been referred to this Department 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.

The priority is to place people fleeing the conflict in safe and secure accommodation.

The Government is committed to delivering a humanitarian response to welcome people seeking protection in Ireland as part of the European Union's overall response. Given arrival numbers, sourcing suitable accommodation continues to remain a challenge. Numbers seeking international protection have also increased adding to accommodation capacity issues.

I would like to apologise to the Deputy for any oversight in responding to his previous representations. Over 50,000 people have arrived from Ukraine as beneficiaries of temporary protection. It is not always possible to accommodate individuals in the part of the country where they might like to live. However, as far as possible, the Department works with local authorities and its NGO implementing partners- particularly the Irish Red Cross and the International Organisation for Migration (IOM) - who aim to match beneficiaries to pledged accommodation where it is available.

Beneficiaries of temporary protection are entitled to make their own private arrangements including potentially availing of pledged accommodation if they wish, and can avail of some supports to do so. To date, 4,398 Beneficiaries of Temporary Protection have been placed in 1,718 properties and this number continues to increase weekly. Those wishing to avail of pledged accommodation can contact the local authority in the appropriate area .

The Government is resolute in its solidarity and support for Ukraine, and huge efforts are being made to source facilities that will provide those arriving in Ireland with safety and shelter.

More information on supports available to Ukrainian people while they are in Ireland and information on how people and community groups can help can be found at the Government website: www.gov.ie/en/campaigns/bc537-irelands-response-to-the-situation-in-ukraine/.

Childcare Services

Ceisteanna (528)

Seán Haughey

Ceist:

528. Deputy Seán Haughey asked the Minister for Children, Equality, Disability, Integration and Youth if the income assessed subsidy under the national childcare scheme will be increased following Budget 2023; and if he will make a statement on the matter. [49505/22]

Amharc ar fhreagra

Freagraí scríofa

Budget 2023 introduces major reforms to the National Childcare Scheme (NCS) from January 2023, which will substantially improve the affordability of early learning and childcare for families.

Additional funding of €121 million has been allocated to the NCS from January 2023 so all families accessing registered early learning and childcare will receive a minimum hourly NCS subsidy of €1.40 off the cost of early learning and childcare. With the current minimum hourly NCS subsidy set at €0.50 per hour, the represents an additional €0.90 per hour off the cost of early learning and childcare. This translates to up to €63.00 off families weekly bill for early learning and childcare per child. With up to €22.50 currently available per week, this represents up to an additional €40.50 off weekly costs.

From 2nd of January 2023, any family who is not already at the maximum hourly subsidy under NCS (see Table) will see an increase in their subsidy. For those who receive a subsidy based on an income assessed subsidy, the amount of the increase will taper down as they approach the maximum hourly subsidy rate. The amount of increase individual families will see in their per hour subsidy, will differ widely depending on their current subsidy.

Table 1: Maximum Income Assessed Subsidy

Child’s age

Per Hour

24 weeks to 12 months

€5.10

12 to 35 months

€4.35

3 years or older and not yet in school

€3.95

School age (or 6 years to 15 years)

€3.75

With a fee freeze on 2021 rates in place in more than 90% of services who signed up to the new Core Funding Scheme – there is now confidence that these NCS increases can't be absorbed into fee increases and will deliver real reductions for families using these services.

Departmental Schemes

Ceisteanna (529, 530)

Neasa Hourigan

Ceist:

529. Deputy Neasa Hourigan asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to a statement (details supplied) issued by United Nations human rights experts on 23 September 2022; and if he will make a statement on the matter. [49511/22]

Amharc ar fhreagra

Paul Murphy

Ceist:

530. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the actions that he plans to take to provide those who were subjected to differential treatment in childcare institutions with effective remedies, through the mother and baby payment scheme, in particular to provide redress for the harms caused due to racial discrimination and systemic racism; and if he will make a statement on the matter. [49544/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 529 and 530 together.

The Government takes its responsibility to investigate and address historic wrongs and allegations of human rights abuses very seriously. Since 1999, Ireland has undertaken investigations into allegations of abuse in various institutional settings. These investigations have sought to establish the facts relating to the operation of the institutions, as well as the manner in which those who were resident in them were treated.

In establishing the independent statutory Commission of Investigation into Mother and Baby Homes in February 2015, the then Government sought to ensure an independent and thorough investigation of what happened to vulnerable women and children in these institutions during the period 1922 to 1998. Notably, the Commission was specifically tasked with investigating concerns related to systematic discrimination within these institutions.

Following publication of the Final Report of the Commission of Investigation into Mother and Baby Homes, An Taoiseach offered a formal apology on behalf of the Government, the State and its citizens to all those who spent time in these institutions. In this apology, An Taoiseach acknowledged the failings of the State, over many decades, to protect vulnerable citizens, and to uphold their fundamental rights. The State apology recognised the “additional impact which a lack of knowledge and understanding had on the treatment and outcomes of mothers and children with different racial and cultural heritage, those who faced mental health challenges, or those with physical and intellectual disabilities”.

It was further acknowledged that “such discriminatory attitudes exacerbated the shame and stigma felt by some of our most vulnerable citizens, especially where opportunities for non-institutional placement of children were restricted by an unjust belief that they were unsuitable for placement with families”.

This State apology marked a starting point for further measures designed to address the needs and concerns of survivors and their families.

I am acutely aware that there is no financial payment which could make up for the immense pain and suffering endured by so many of our citizens whose lives have been affected by these issues.

The Mother and Baby Institutions Payment Scheme is just one aspect of the overall package of supports and measures set out in the Government’s Action Plan for Survivors and Former Residents of Mother and Baby and County Homes Institutions which seeks to provide an inclusive and enduring response to the priority needs of all survivors.

The proposed structure of the Scheme, with increasing financial payments depending on length of stay, recognises that higher payments should be made to those who were subjected to institutional conditions for a prolonged period.

This allows for a simple and non-adversarial application process, in which applicants will not have to prove abuse and the State can shoulder much of the administrative burden.

My Department and other state authorities are working to ensure survivors see tangible results as early as possible.

Question No. 530 answered with Question No. 529.
Question No. 531 answered with Question No. 526.

Residential Institutions

Ceisteanna (532)

Holly Cairns

Ceist:

532. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the way in which his Department is facilitating and addressing subject data access requests by survivors of institutional abuse; and if he will make a statement on the matter. [49633/22]

Amharc ar fhreagra

Freagraí scríofa

On 28 February 2021, with the dissolution of the Mother and Baby Homes Commission of Investigation, my Department became the data controller for all the personal data contained in the records and databases that transferred from the Commission.

My Department is responsible for fulfilling data subject rights, including the right of access to personal data. I am very mindful of the importance to former residents of Mother and Baby Homes of access to their personal data.

Information relevant to making a SAR is available on my Department's website. The webpage also includes a detailed guide to making a SAR that provides responses to Frequently Asked Questions. The guide includes information on the different means available to make a SAR such as by email, post or other means.

In addition, my Department also operates a dedicated telephone information line which provides information to callers on procedures for making a SAR in respect of records relating to the Mother and Baby Home Commission of Investigation.

My Department, in consultation with the Attorney General, developed guidelines which set out the steps that must be taken in response to each subject access request. In addition, my Department has engaged external data protection consultants to support the processing of SARs.

The right of a person to obtain a copy of their personal data, contained in Article 15 of the GDPR, is not absolute. It is specifically limited by reference to the rights of others, which must not be adversely affected by the right of a data subject to obtain a copy of their personal data. Therefore, in responding to a SAR, my Department must consider the rights of the data subject and also ensure that the rights and freedoms of others are not adversely affected. The consideration of adverse effects and the balancing of rights test is a critical part of the SAR process and can be highly complex.

As of 30 September 2022, my Department received 744 SARs relating to the Mother and Baby Homes archive and responded to 686 of these.

United Nations

Ceisteanna (533)

Holly Cairns

Ceist:

533. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth if he intends to make reservations to the UNCRPD Optional Protocol; and if he will make a statement on the matter. [49634/22]

Amharc ar fhreagra

Freagraí scríofa

Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. The Government has made a commitment in the Programme for Government to ratifying the Optional Protocol to the UNCRPD, following the first review of the state before the UNCRPD Committee.

Although the Programme for Government signals that ratification will occur after the conclusion of Ireland's first reporting cycle under the UNCRPD, due to delays at UN Committee level I have indicated a willingness to explore earlier ratification the Optional Protocol, subject to Ireland being in a position to meet all of its obligations thereunder.

My Department is in the process of scoping the requirements for earlier ratification and my officials have engaged with internal legal advisors, and had early engagement with the Office of the Attorney General and the Department of Foreign Affairs in this regard. The scoping work for earlier ratification is ongoing, although it is clear that the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will be required to be passed before ratification can proceed, as it provides key measures to advance the UNCRPD in the Irish context.

Arising from the scoping work conducted to date, there are currently no plans to enter a reservation to the Protocol. However, the necessary scoping work is ongoing in this regard and it is not possible to give a definitive answer to the Deputy's question pending the conclusion of the scoping and analysis process and consideration of any necessary legal advices.

Residential Institutions

Ceisteanna (534)

Holly Cairns

Ceist:

534. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on populating the Advisory Board, concerning the forthcoming examination of the Tuam site under the Institutional Burials Act 2022, with a wider cross-section of victims, survivors and their advocates and obliging the Advisory Board to consult widely with relevant victims/survivors, and for the Director to adhere to the recommendations of the Advisory Board. [49635/22]

Amharc ar fhreagra

Freagraí scríofa

The Institutional Burials Act 2022, which I commenced in July 2022, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions in respect of which a public body has or had a relevant role, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.

Under the Act Government can direct establishment of an independent Office, headed by a Director, to oversee an intervention at a particular site. An Advisory Board must also be established to provide advice and guidance to a Director in undertaking his or her functions. The Act provides that an Advisory Board will consist of the following six members:

- Chairperson (a former coroner or a person having demonstrated expertise in coronial matters)

- Two members having scientific expertise

- A member of a staff of the local authority in which the principal burial land is located, nominated by the Minister for Housing, Local Authority and Heritage

- A person who is a family member of the deceased

- A former resident of the institution

On 4 October Government agreed to make an Order to establish an independent Office to lead an intervention at the site of the former Mother and Baby institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July. I intend to appoint a Director to head up the Office as soon as possible and my officials are liaising with the Public Appointment Service on the recruitment process for the post. Preparations are also underway for the appointment of an Advisory Board in line with the provisions of the legislation and details of the appointment process will be available in due course.

In terms of consultation, the Director will be required to consult with the Advisory Board at regular intervals, including at key decisions points in an intervention. The legislation also places a broader general requirement on the Director to engage with family members and other stakeholders about the performance of his/her functions.

Residential Institutions

Ceisteanna (535)

Holly Cairns

Ceist:

535. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth his views on ensuring that an appropriately qualified person recruited for the purpose of excavating human remains as part of the forthcoming examination of the Tuam site under the Institutional Burials Act 2022, has expertise in forensic archaeology and forensic anthropology, preferably employing both disciplines, with demonstrable International qualifications, reputation and experience [49636/22]

Amharc ar fhreagra

Freagraí scríofa

The Institutional Burials Act 2022, which came into effect on 15 July last, provides the underlying legislative basis for an intervention, whereby the remains of those who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.

Where the Government directs an intervention at a site, the Act provides for the establishment of an independent Office, headed by a Director, to oversee and manage that intervention. The Director is then required to identify and engage the necessary expertise to assist in the performance of his or her functions and to ensure that the excavation, recovery and post-recovery analysis of remains is undertaken by appropriately qualified persons at a forensic standard and in accordance with international best practice and professional rules and guidelines.

On 4 October, the Government made an order to establish an independent Office to lead an intervention at the site of the former Mother and Baby Institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July.

I intend to appoint a Director to head up the Office as soon as possible and my officials have been liaising with the Public Appointments Service in relation to this process. In line with the provisions of the Act, once appointed, the Director will need to engage appropriately qualified experts from a range of disciplines to undertake the forensic excavation, recovery and post-recovery analysis processes in accordance with international best practice and professional rules and guidelines.

Departmental Schemes

Ceisteanna (536)

Martin Browne

Ceist:

536. Deputy Martin Browne asked the Minister for Children, Equality, Disability, Integration and Youth if a decision has been made to act on the Oireachtas Joint Committee on Children, Equality, Disability, Integration and Youth recommendation to include organisations (details supplied) in the mother and baby homes redress scheme. [49646/22]

Amharc ar fhreagra

Freagraí scríofa

I referred the General Scheme of the Mother and Baby Institutions Payment Scheme Bill to the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth at the end of March for pre-legislative scrutiny. I received the Committee's report on the 12th July and I am very grateful to the members for giving the draft legislation their careful attention. The Committee’s recommendations have been carefully considered in the course of drafting the Bill.

The Scheme is designed to provide payments and an Enhanced Medical Card to people who spent time in one or more of the 14 Mother and Baby Institutions or 29 County Home Institutions which were identified by the Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to unmarried mothers and their children.

The decision not to include other institutions or care settings in the Scheme is not intended to disregard or diminish any person’s experience and Government recognises that there are people who suffered stigma, trauma and abuse in other institutions, and outside of institutions, who will not qualify for this Scheme.

The General Scheme of the Bill provides for the Minister to include additional institutions. If it were to come to light that an institution fulfilled a similar function with regard to unmarried mothers and their children as the 14 Mother and Baby Institutions, and that the State had a regulatory or inspection function, then there will be a mechanism to add such an institution to the Schedule of eligible institutions.

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