Oireachtas Joint and Select Committees

Tuesday, 15 November 2022

Select Committee on Children and Youth Affairs

Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Amendment No. 1 seeks to include a section in the Bill providing for a report on the operation of the scheme. I am not in a position to accept that part of amendment No. 1 because section 42 already provides for a review of the operation of the scheme. The intention of section 42 is for two reviews to be conducted on the scheme. One is an interim review to be commenced two years after the establishment day while the other is to be commenced after the completion of the scheme. Section 42 sets out a list of matters that should be considered as part of these reviews and allows for the Minister to specify any additional matter. Section 12 provides that the chief deciding officer shall prepare an annual report on the performance of his or her function and that each annual report will be laid before the Houses of the Oireachtas.

On the timing of the reviews, the commencement of a review within six months after the establishment of the schemes, as is proposed in amendment No. 1, is not proportionate. It does not give the scheme enough time in operation to flesh out the issues and concerns that may arise. Six months is just not enough time. However, I find the proposals in amendments Nos. 24 and 25 to be reasonable in proposing that the reviews should be commenced no later than six months after the second anniversary of the scheme and the cessation date respectively. I will give consideration to the text of these amendments with a view to potentially proposing amendments to the same effect on Report Stage.

Moving back to amendment No. 1, I agree with the amendment that a report on the review should be prepared. That makes sense. It was never the intention that there would just be a review and that nothing written would be produced but that there would be a physical report on any review taking place under section 42. The Deputy is probably right that we need to be more explicit and to specify that there will be a written report. We will look at that and seek to propose something in that regard on Report Stage. We will also look at specifying that such a report would be laid before the Houses of the Oireachtas. We can come back with some language in that regard on Report Stage.

The development of proposals for this scheme has obviously been a complex task. With regard to the list of matters set out for consideration as part of the report proposed in amendment No. 1, it is important that the reviews of the scheme be anchored in the scope of the scheme as set out in the legislation underpinning it. I am keen to reassure Deputies that the review conducted will include a strong focus on the applicants' experience of engaging with the scheme. This intention is already underpinned by section 42(2)(c) where it is set out that reviews under the section shall consider the applicants' experience of the application, assessment and review processes under the scheme. In response to the Deputy's proposed subject matters, I would also like to explore the possibility of including a specific reference in section 42 to capture applicants' views on the effectiveness of the public information campaign that will be undertaken to make people aware that the scheme has launched and of the deadline for applications. Again, I will come back with proposed amendments on that point on Report Stage.

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