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Written Answers — Department of Children, Equality, Disability, Integration and Youth: Legislative Reviews (5 Jul 2022)

Roderic O'Gorman: In July 2021, I launched a public consultation process as part of the review of the Equality Acts (Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015) to examine the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality. The purpose of the review is to examine the operation of the Acts with regard to the effectiveness of...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Contracts (5 Jul 2022)

Roderic O'Gorman: 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...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Funding (5 Jul 2022)

Roderic O'Gorman: Since the outbreak of the conflict in Ukraine on February 24, the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) continues to work as part of the whole-of-Government response with a focus on meeting the immediate, temporary accommodation needs of those fleeing the conflict. DCEDIY is focused on the immediate, short-term accommodation needs of those who have fled...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Funding (5 Jul 2022)

Roderic O'Gorman: The Communities Integration Fund, which has been in place since 2017, provides small grants of up to €5,000 to community organisations for initiatives to promote integration at local level. The Communities Integration Fund 2022 will support 124 projects in communities across Ireland to play a greater role in promoting the integration of migrants. Organisations eligible...

Civil Law (Miscellaneous Provisions) Bill 2022: Second Stage (1 Jul 2022)

Roderic O'Gorman: I am pleased to address the House on Part 2 of the Civil Law (Miscellaneous Provisions) Bill 2022 in this Second Stage debate. The purpose of this Part is to provide for a financial contribution of €400 per property for those providing accommodation to temporary protection beneficiaries from Ukraine. It is available whether the accommodation is pledged or provided by private...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (30 Jun 2022)

Roderic O'Gorman: In order to ensure that every childcare professional can get a fair wage, we have initiated a joint labour committee, JLC, and an employment regulation order, ERO, process. Two EROs are in negotiation. The first is for an entry rate of €13 per hour, which guarantees the living wage for childcare professionals for the first time in this State. The second is to look at higher levels...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Charitable and Voluntary Organisations (30 Jun 2022)

Roderic O'Gorman: There are six State Bodies under the aegis of my Department. 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 the Ombudsman for Children’s Office. The Ombudsman for Children's Office and the Irish Human Rights and...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Children in Care (30 Jun 2022)

Roderic O'Gorman: At the outset, I would like to acknowledge the fact that foster carers are the backbone of our child care services. Foster care is the preferred option in Ireland for children who cannot live with their parents or guardians, and approximately 90% of our children in care are in foster care.   There are a number of significant issues relating to foster care raised in the correspondence...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Early Childhood Care and Education (30 Jun 2022)

Roderic O'Gorman: Given the very considerable investment in services to date, the imminent increase to funding for services and analysis done to support that increase there is no evidence to support an increase to €100 per child per week. In December 2021, Government adopted the 25 recommendations contained in an Expert Group report, Partnership for the Public Good: A New Funding...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Early Childhood Care and Education (30 Jun 2022)

Roderic O'Gorman: In December 2021, Government adopted the 25 recommendations contained in an Expert Group report, Partnership for the Public Good: A New Funding Model for Early Learning and Care (ELC) and School-Age Childcare (SAC). The new funding model will support the delivery of ELC and SAC for the public good, for quality and affordability for children, parents and families. To achieve this,...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: I regret Deputy Cairns's attempts to put words in my mouth so let me be very clear in what I am saying - I do not believe the 2015 Act is in breach of the UNCRPD. That is my position and the position of the Government. The piece Deputy Cairns quoted was written a year prior to the 2015 Act being drafted and as I have stated, the vice chair of the body that oversees the UNCRPD has...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: This amendment seeks to replace section 3 of the 2015 Act which sets out the functional capacity model with replacement text on legal capacity. As drafted, the amendment does not fit with the overall architecture of the 2015 Act or the amendment Bill. It would require significant policy drafting to give effect to the proposed amendment. As the functional model is core to what the previous...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: Is amendment No. 6 included in this grouping?

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: My apologies. In response to Deputy Duncan Smith, while I appreciate the intention behind the amendment, the Government's position has not changed on this provision since Committee Stage. The amendment being proposed is unusual in terms of legislative norms and we would also see it as unnecessary in order to achieve the desired effect of the provision. Following ratification of the UNCRPD...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: I move amendment No. 4: In page 6, after line 34, to insert the following: “Amendment of section 4 of Principal Act 5. Section 4 of the Principal Act is amended- (a) in subsection (1) (i) by the substitution of “sections 37” for “sections 37, 85(6)(b)”, (ii) by the substitution of “in which the following persons are residing or carrying on...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: It is important to state that inherent jurisdiction is controlled by the jurisprudence of the Irish courts. It is important in that context to refer to the case of AC v. Cork University Hospital and the HSE, a very important case that was decided on the whole area of capacity law. It was heard in the High Court, the Court of Appeal and, eventually, the Supreme Court. This case affirmed...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: Amendment No. 35 relates to section 89 of the Act. We are replacing the reference to "the unborn" with "her pregnancy". This means that where there is an application to a court to clarify a matter with regard to an advance healthcare directive, the healthcare needs of the woman's pregnancy will be considered, not those of "the unborn". There is no instruction regarding the rights of the...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: I will speak to amendment No. 2 first. Deputy Collins is right that there is agreement among everyone that there must be parity between physical healthcare and mental healthcare in the operation of advance healthcare directives. I reiterate what I and the Minister of State, Deputy Rabbitte, said on Second Stage. The Minister for Health, Deputy Stephen Donnelly, and I, our respective...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022)

Roderic O'Gorman: I move amendment No. 1: In page 6, between lines 6 and 7, to insert the following: “(e) section 93;”. I thank the Leas-Cheann Comhairle. I move amendment No. 1 to repeal section 93 of the 2015 Act, which provides for a separate review of Part 8 of the Act I will move a separate amendment to ensure that Part 8, which is related to advanced healthcare directives...

Autism Bill 2022: Second Stage [Private Members] (29 Jun 2022)

Roderic O'Gorman: I thank Deputy Ó Ríordáin and colleagues in the Labour Party for bringing forward this Bill to allow us to debate the incredibly important issue of support for persons with autism in Ireland and their families. I welcome the families who are here in the Dáil to witness this debate. Like Deputy Ó Ríordáin, I share that sense of responsibility both as...

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