Written Answers Nos. 236-255
236. Deputy Cathy Bennett asked the Minister for Children, Disability and Equality if a centre will remain open and in use, after a new respite centre opens (details supplied); and if she will make a statement on the matter. [4632/26]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly.
237. Deputy Cathy Bennett asked the Minister for Children, Disability and Equality the cost of a centre (details supplied); and if she will make a statement on the matter. [4633/26]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly.
238. Deputy Willie O'Dea asked the Minister for Children, Disability and Equality if she is aware that some ECCE providers have received commercial rates bills (details supplied), despite believing that ECCE-only services were exempt; the way in which she plans to assist these ECCE only providers with their commercial rates bill and arrears, as many of them may be forced to close at a time when there is a gross lack of childcare facilities in the country. [4692/26]
Amharc ar fhreagraCommercial rates payments for early learning and childcare providers do not fall under the remit of the Department of Children, Disability and Equality and the Department has no role in determining which properties are rateable.
The making of valuations for rating purposes is the sole responsibility of Tailte Éireann, formerly the Commissioner of Valuation. Tailte Éireann falls under the aegis of the Department of Housing, Local Government and Heritage (DHLGH).
I recently met with my cabinet colleague, Minister Browne, in order to discuss this issue. Additionally, officials in the Department are engaging with their colleagues in DHLGH.
I can update the Deputy once clarification on the matter is received.
239. Deputy Barry Ward asked the Minister for Children, Disability and Equality if she will consider facilitating a meeting with an organisation regarding their concerns related to the National Guardian ad Litem Service (details supplied); and if she will make a statement on the matter. [4695/26]
Amharc ar fhreagraThe Executive Office, Guardian ad litem National Service has direct contact with TIGALA. This company provides administrative support and training to Guardians ad litem who are individually appointed by the Judge in public child care proceedings. I am aware of concerns from the company surrounding the new Guardian ad litem National Service. The Executive Office has regular engagement with the Association for Guardian ad litem Ireland (AGALI) who represent the Guardians ad litem and are administratively supported by a number of other companies /organisations also. I am aware that members of TIGALA have also met with the Executive Office regarding the National Service. I am confident that the Executive Office will continue to engage meaningfully with all stakeholders as we prepare for commencement of the Guardian ad litem National Service in mid-2026.
240. Deputy Barry Ward asked the Minister for Children, Disability and Equality her views on the appropriateness of both TUSLA and the National Guardian ad Litem Service falling under the same Government Department, particularly in cases whereby the service is critical of the actions of TUSLA or similar cases; and if she will make a statement on the matter. [4696/26]
Amharc ar fhreagraThe Executive Office, Guardian ad litem National Service was set up in January 2025 with the appointment of a Director to establish the National Service and to prepare for the commencement of the Child Care (Amendment) Act 2022.
The operating model for the Guardian ad litem National Service includes governance structures, professional codes, and statutory safeguards to ensure Guardians ad litem can fulfil their functions as set out in the Child Care (Amendment) Act 2022. Under the new model, Guardians ad Litem will be appointed from an authorised panel by the Minister, following a court order arising from child care proceedings. This approach reinforces their independence from Tusla and other agencies.
While both bodies operate within the remit of the Department of Children, their functions, statutory roles, and operational mandates are independent.
241. Deputy Barry Ward asked the Minister for Children, Disability and Equality the position regarding safeguards that are being put in place to ensure there are conflict resolution mechanisms between TUSLA and the National Guardian ad Litem Service in situations where there is dispute between services; and if she will make a statement on the matter. [4697/26]
Amharc ar fhreagraThe Executive Office, Guardian ad litem National Service was set up in January 2025 with the appointment of a Director to establish the National Service and to prepare for the commencement of the Child Care (Amendment) Act 2022.
The operating model for the Guardian ad litem National Service includes governance structures, professional codes, and statutory safeguards to ensure Guardians ad litem can fulfil their functions as set out in the Child Care (Amendment) Act 2022. Under the new model, Guardians ad Litem will be appointed from an authorised panel by the Minister, following a court order arising from child care proceedings. This approach reinforces their independence from Tusla and other agencies.
While both bodies operate within the remit of the Department of Children, their functions, statutory roles, and operational mandates are independent.
242. Deputy Barry Ward asked the Minister for Children, Disability and Equality her views on whether the proposed staffing levels for the National Guardian ad Litem Service will be sufficient to deal with the level of demand for this support; and if she will make a statement on the matter. [4698/26]
Amharc ar fhreagraIn 2025, this Department, through the Executive Office of the Guardian ad litem National Service, undertook an analysis of the staffing needs of the new service based on the delivery of the service at that time. The analysis considered the number of children appointed a Guardian ad litem in 2024 and the amount of time worked by each Guardian ad litem, based on the fees paid to each Guardian ad litem by TUSLA over a twelve-month period. Based on this analysis, the staffing model for the service was developed and factored into account ongoing demands, geographical requirements and professional time needed on each court appointment. Based on the calculations, the department determined that 65 Guardians ad litem working on a full-time basis was an appropriate team to meet the demands on the National Service at this time. The department will keep the resourcing requirements under review post commencement.
243. Deputy Barry Ward asked the Minister for Children, Disability and Equality the position regarding the recruitment process for the National Guardian ad Litem Service; and if she will make a statement on the matter. [4699/26]
Amharc ar fhreagraThe Department established the Executive Office of the Guardian ad litem National Service in January 2025. Following engagement with DPER, the Department received approval on the pay and resourcing model for the Guardian ad litem National Service in October 2025. This included agreement on the pay scale for a Guardian ad litem- and the recruitment of a legal team for the National Service and the complement of 92 staff for the Service. Following the appointment of the Director in January 2025, a Head Guardian ad litem and Head of Corporate Services were also appointed in 2025. A recruitment campaign for Guardians ad litem has just closed and the Public Appointments Service are processing these applications. The Public Appointments Service are also at vetting stages for Head of Legal Services, four regional managers and a Professional Practice Manager. The Department are at the final stages of approval to recruit four solicitors and two senior solicitors of the National Service also. Work is ongoing in the preparation for the onboarding and induction of staff over the coming months.
244. Deputy Barry Ward asked the Minister for Children, Disability and Equality the position regarding the proposed staffing arrangements for the new National Guardian ad Litem Service, by role and grade; and if she will make a statement on the matter. [4700/26]
Amharc ar fhreagraThe Department established the Executive Office of the Guardian ad litem National Service in January 2025. Following engagement with DPER, the Department received approval on the pay and resourcing model for the Guardian ad litem National Service in October 2025. This included agreement on the pay scale for a Guardian ad litem- and the recruitment of a legal team for the National Service and the complement of 92 staff for the Service. 65 Guardian Ad Litem’s are to be recruited at Engineer Grade 2. Following the appointment of the Director in January 2025, a Head Guardian ad litem and Head of Corporate Services were also appointed in 2025. A recruitment campaign for Guardians ad litem has just closed and the Public Appointments Service are processing these applications. The Public Appointments Service are also at vetting stages for Head of Legal Services, four regional managers and a Professional Practice Manager. The Department is at the final stages of approval to recruit four solicitors and two senior solicitors of the National Service also. Work is ongoing in the preparation for the onboarding and induction of staff over the coming months.
245. Deputy Barry Ward asked the Minister for Children, Disability and Equality the position regarding the National Guardian ad Litem Service; and the timeline for when it will be fully operational; and if she will make a statement on the matter. [4701/26]
Amharc ar fhreagraThis Department established the Executive Office, Guardian ad litem National Service in January 2025. A project implementation plan was developed, approved and published in October 2025 to guide the establishment of the Service. The implementation plan sets out key measures and indicative timelines required to put all elements in place, including standards, legal supports, requirements of service for children, and terms and conditions for engagement of Guardians ad litem. I’ve agreed an indicative timeframe of mid 2026 for the commencement of the Child Care (Amendment) Act 2022. When I’m satisfied all components of the national service are in place, I will proceed with the commencement order. Within the 2022 Act there is provision for Transitional arrangements for 12 months following the commencement of the 2022 Act which will facilitate a smooth transition to the planned service. The Director is actively engaging with stakeholders and preparing for both the establishment of the Guardian ad Litem National Service and the commencement of the Child Care (Amendment) Act 2022.
246. Deputy Paul McAuliffe asked the Minister for Children, Disability and Equality the reason a home (details supplied) is not included in the redress scheme; and if she will make a statement on the matter. [4706/26]
Amharc ar fhreagraThe Mother and Baby Institutions Payment Scheme provides payments and health benefits to people who spent time in any of the Mother and Baby or County Home Institutions that were identified by the Mother and Baby Homes Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to single mothers and their children. The institutions covered by the Payment Scheme are set out in Schedule 1 to the Mother and Baby Institutions Payment Scheme Act 2023.
Chapter 2 of the Social History section of the Commission of Investigation report - www.gov.ie/en/publication/89e43-chapter-2-institutions/ - details the different types of institutions that existed and whether they could be considered Mother and Baby Institutions. St Clare's is described as an adoption society that is associated with St Joseph's, Stamullen, which is listed as a residential children's home. It did not provide ante and post-natal facilities, and therefore is not included in the Mother and Baby Institutions Payment Scheme.
The Government recognises that there are people who suffered stigma, trauma and abuse in other institutions. If it were to come to light that an institution, in which the State had a regulatory or inspection function, fulfilled a similar function with regard to single women and their children as those included in the Payment Scheme, section 49 of the Act provides that the Minister, with the consent of the Minister for Public Expenditure may insert an additional institution into the Schedule.
It should be noted that the Payment Scheme is just one of a large suite of actions being undertaken to respond to the legacy of these institutions under the Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions. Of the seven major commitments set out in the Action Plan, six are now delivered and in place, while the seventh is well underway. Key actions include access to birth information, the services of the Special Advocate and counselling support, all already in place, as well as the ongoing development of a National Centre for Research and Remembrance.
247. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to cases whereby pregnant women are not given adequate job protection in advance of taking maternity leave (details supplied); if this is under review; and if she will make a statement on the matter. [4739/26]
Amharc ar fhreagra248. Deputy Barry Ward asked the Minister for Children, Disability and Equality the protections in place for pregnant women who believe they have been made redundant in advance of maternity leave as a means of removing them from company payroll; and if she will make a statement on the matter. [4740/26]
Amharc ar fhreagra249. Deputy Barry Ward asked the Minister for Children, Disability and Equality the work that is ongoing within her Department to ensure fair treatment for pregnant women in terms of maternity leave, sick leave and appropriate working conditions, regardless of their position within a company; and if she will make a statement on the matter. [4741/26]
Amharc ar fhreagra250. Deputy Barry Ward asked the Minister for Children, Disability and Equality her views on the adequacy of existing regulations in relation to the fair treatment of pregnant women in the workplace; and if she will make a statement on the matter. [4742/26]
Amharc ar fhreagra251. Deputy Barry Ward asked the Minister for Children, Disability and Equality her views on the way Ireland compares to other EU counties in terms of the level of employment protection given to pregnant women in advance of taking maternity leave; her views on whether the existing protections are sufficient; and if she will make a statement on the matter. [4743/26]
Amharc ar fhreagra252. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to the UK law, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, that ensures strong protection for employees that apply for maternity leave (details supplied); her views on whether comparable Irish laws are equally strong in this regard; and if she will make a statement on the matter. [4744/26]
Amharc ar fhreagra253. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to the French law, under the French Labour Code (Article L1225-4) that ensures strong protection for employees that apply for maternity leave (details supplied); her views on whether that comparable Irish laws are equally strong in this regard; and if she will make a statement on the matter. [4745/26]
Amharc ar fhreagra254. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to the German law, under the Maternity Protection Act (MuSchG) that ensures strong protection for employees that apply for maternity leave (details supplied); her views on whether comparable Irish laws are equally strong in this regard; and if she will make a statement on the matter. [4746/26]
Amharc ar fhreagra255. Deputy Barry Ward asked the Minister for Children, Disability and Equality if her attention has been drawn to the Dutch law, the Dutch Civil Code (Article 7:670(2) that ensures strong protection for employees that apply for maternity leave (details supplied); her views on whether comparable Irish laws are equally strong in this regard; and if she will make a statement on the matter. [4747/26]
Amharc ar fhreagra256. Deputy Barry Ward asked the Minister for Children, Disability and Equality the position regarding any review of existing laws and regulations related to the fair treatment of pregnant women in the workplace and maternity leave; and if she will make a statement on the matter. [4748/26]
Amharc ar fhreagraI propose to take Questions Nos. 247, 248, 249, 250, 251, 252, 253, 254, 255 and 256 together.
Ireland has a robust legal framework in place to ensure women in the workplace who are pregnant have legal protection from unfair dismissal.
The Employment Equality Act 1998 and the Equal Status Act 2000 prohibit discrimination and harassment on specified grounds, including that of gender, in the field of employment and in the access to and supply of goods and services, respectively. The Acts place obligations on employers and service providers to take reasonable steps to accommodate the needs of people regardless of their gender.
The Maternity Protection Acts 1994–2004 ensure legal protection for those who are pregnant including in matters of employment and unfair dismissal. I would encourage those who feel they have been unfairly treated in the workplace due to being pregnant to obtain advice from the relevant experts in the Workplace Relations Commission.
The Workplace Relations Commission is an independent, statutory body which was established on 1st October 2015 under the Workplace Relations Act 2015 (No. 16 of 2015). The oversight of operations of the Workplace Relations Commission falls under the remit of the Department of Enterprise, Tourism and Employment.
The Department of Enterprise, Tourism and Employment has also advised that where an employee has been made redundant, they may be entitled to a redundancy payment. Under the Redundancy Payments Act 1967, it is the employer’s responsibility to pay statutory redundancy to eligible employees.
In order to qualify for a statutory redundancy payment, an employee must have 104 weeks' continuous employment, have been an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, and be over the age of 16.
In general, dismissal of an employee due to redundancy is not deemed to be an unfair dismissal for the purposes of the Unfair Dismissals Act 1977, as amended. In such cases, an employer must be able to demonstrate that the redundancy is genuine and the selection criteria and the redundancy process is substantively and procedurally fair.
The 1977 Act also provides for a number of grounds under which a dismissal is automatically considered unfair. This includes dismissals wholly or mainly related to pregnancy, attendance at anti-natal classes, giving birth or breastfeeding or any matters connected with pregnancy or birth. While normally employees require at least one year’s service with their employer to be covered under the Unfair Dismissals Act 1977, this does not apply if the dismissal wholly or mainly relates to the employee's pregnancy.
Where an employee believes their employer has breached their employment rights, they can make a complaint to the Workplace Relations Commission (WRC). In most cases, complaints must be made within 6 months of the alleged breach. The WRC can extend this to 12 months if the employee demonstrates reasonable cause.
With regard to the payment of Maternity Benefit, this is a matter for the Department of Social Protection, and more information should be sought from them in relation to this issue. However, it should be noted that if the contract of employment ends within 16 weeks of the end of the week in which the baby is due then Maternity Benefit may be paid depending on the amount of PRSI contributions accumulated.
Regarding provision of leave, significant improvements have been made in the entitlements to both paid and unpaid leaves in recent years, including by extending paid parent's leave for parents to allow them to spend more time with their baby during their earliest years.
The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide a pregnant employee with 26 weeks of paid maternity leave and an additional 16 weeks of unpaid leave, alongside other entitlements such as breastfeeding breaks after the return to work, which have been extended to two years following the birth of the child through the Work Life Balance and Miscellaneous Provisions Act 2023. Furthermore, since 20 November 2024, employees can postpone their maternity leave if they require ongoing treatment for a serious health condition as set out in the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024.
Legal protections and family leave provisions are kept under review to ensure that they are effective and respond to the needs of families.
