Dáil debates

Friday, 1 July 2022

Civil Law (Miscellaneous Provisions) Bill 2022: Second Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank all colleagues for their contributions and for their support for this Bill.

Without wading into a debate about timelines, while some might say what happened in Ukraine was predictable, a lot of us did not expect it to happen in the way it did. At a national level, a European level and internationally, we have responded in a quick manner. We have put measures in place as quickly as possible. In the Department of Justice, and in many other Departments, the priority was to put the structures in place, get the one-stop shops up and running, get the online process moving, engage with other Departments and get the process of putting people into accommodation in place. That was done on an administrative basis and we then had to then identify how to copper-fasten it in our legislation. We would have brought this Bill forward quicker if we could have. My officials and teams, and those in other Departments, have worked hard on this and have done things as quickly as they could. I appreciate the support from colleagues in making sure this Bill is passed and that it does not move on into September or October.

I thank colleagues for a thoughtful and considered discussion on Part 8. It is always difficult to recount what happened 41 years ago. I can only imagine what it is like for families when they do that on a daily basis. They want answers; we all do. We all want to get this right, including everyone who has been involved in this inquest from the outset. I hope these changes and provisions, in particular those relating to the empanelling of juries, will help that process along. This Part will allow the Dublin coroner to seek the assistance of the Courts Service and put a similar process in place to that which applies in civil and criminal proceedings. These provisions are bespoke to Stardust but that is an acknowledgement of the significance of what we are dealing with here. As the Deputy opposite has acknowledged, significant preparation is currently under way in my Department on a general review and reform of the coroner service. That will include juries and many other elements. I hope to be in a position to engage with Deputies on that after the summer recess. Regarding section 59(2) and whether someone can be disapplied from a jury or if there can be an objection, it is the role of the coroner to allow for that objection or to object to an individual. The coroner can take a request or an observation from either family members or the legal representatives of those family members, where there a reason is given, and will consider that. A decision can then be taken in that regard.

With regard to the Ukraine crisis, the Bill will put the provisions we have put in place around the one-stop shop, the online transfer of information and all the different resources that have been provided on a legislative footing. On Deputy Richmond's point, we are learning from the processes that have been put in place. We will improve our overall international protection system and process. That work was under way prior to this war coming to our doors. We will make sure the lessons are learnt and improve our overall system and process so it applies to as many people as possible.

Moving to the financial contribution for those hosting temporary protection beneficiaries, which is the responsibility of the Minister for Children, Equality, Disability, Integration and Youth, this is a contribution to recognise the support people are providing. It will be backdated to 4 March to acknowledge that some people took people into their homes from the outset. The intention is to activate the accommodation pledges as quickly as possible. The process has amended slightly so we can move through that as quickly as possible. It provides for the appropriate data exchanges, making sure we can identify the individuals who are in homes so there is no abuse. It is important to make sure those who go into homes are not abused in any way. A regulation is currently being worked on to develop standards for the accommodation being provided to those who are in temporary protection. It is important that people are not living in substandard accommodation and that others are not benefiting financially from that.

The amendments to the Childcare Support Act are a pragmatic solution to make sure those who have come from Ukraine can avail of the childcare support scheme. It is about making sure they have access under the Act to universal and means-tested subsidies to help with the cost of childcare. The vast majority, perhaps two thirds, of those who have come from Ukraine are women and children. It is not easy for all of those women to find jobs and to access childcare, which many of them want to do. We need to be as practical as possible in this regard. One Deputy asked about the supports and the funding. This provision can provide subsidies to cover up to the full cost of childcare. That will ensure people in low-paid jobs can access and afford childcare but can also work. The national network of childcare communities will provide support to families who find childcare to apply for subsidies under the national childcare scheme. As much work as possible is being done to make sure this can be accessed by people under the temporary protection mechanism so they can get the financial supports to allow them to work.

The licensed haulage emergency support scheme was established to support the licensed haulage sector post Brexit, post Covid and following the invasion of Ukraine. It is about acknowledging the significant role hauliers play. I acknowledge, in particular, the role they played throughout Covid-19, when all our shops and shelves continued to be stocked. Without our farmers, those in the agricultural sector and our hauliers, that would not have been possible and, therefore, I pay tribute to them. This is an acknowledgement of how vital they are in the supply chain. We must support them as much as possible.

The section relating to the Road Traffic Act will allow for the recognition of certain non-EU driver's licences for use in Ireland. This is so we can respond to those who are here under the temporary protection directive, some of whom drove for days, weeks or months to get here. Non-EU citizens with permission to live in Ireland must have an Irish driver's licence to live here. This recognition will avoid the need to exchange foreign licences for an Irish licence. This provision will apply for the period of temporary protection only and will maintain the integrity of the Irish driver's licence process. A number of questions were asked about this. The RSA has been consulted on this matter. That is why it applies to cars and light vehicles, that is, category B licences, only. That change was made following consultation with the RSA. On Northern Ireland, my understanding is that if someone exchanges their licence for an Irish licence, he or she can drive in Northern Ireland, in the same way people can currently drive in Northern Ireland or any other country within the EU on an Irish licence. If the person lives in Northern Ireland they must have a UK licence and that would not be applicable here. In national law, we can only approve Ukrainian licences for driving in this jurisdiction. However, the EU Commission is currently considering EU-wide recognition during temporary protection. There is work ongoing to make this work as much as possible. These regulations were put in place on 22 April. Like so much of this Bill, we are just copper-fastening what has been in situ for a number of months and making sure it is legally underpinned.

Due to the nature of this Bill, a number of different Departments and issues are involved. Deputies will appreciate the importance of getting this passed before the summer recess, particularly with regard to the Stardust inquiry so that can continue as quickly as possible. I thank Deputies for their time and for the discussion today. I also thank my colleagues in the Departments of Justice, Transport and Children, Equality, Disability, Integration and Youth. A huge amount of work has gone into this legislation.

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