Written Answers Nos. 488-505
488. Deputy Naoise Ó Muirí asked the Minister for Agriculture, Food and the Marine the steps being taken to secure a fair and equitable share of a quota (details supplied), and that fishers receive an appropriate and increased allocation within any final arrangement; and if he will make a statement on the matter. [5171/26]
Amharc ar fhreagraThe European Commission has exclusive competence to negotiate with Third Countries on behalf of the EU in relation to fishing opportunities, on the basis of a mandate agreed by Council.
There has been engagement between the European Commission and Member States as regards discussions on Iceland and my Department takes an active involvement in discussions which may impact, or offer opportunities for, Ireland’s seafood sector.
There is currently no agreement in place between the EU and Iceland. I continue to engage with stakeholders with whom these discussions may impact.
As regards quota allocation at a national level, in Ireland, quotas are a public resource and are managed to provide for proper management, conservation and rational exploitation of the State’s fishing quotas. Quotas are managed as a public good that ensures that property rights are not granted to individual operators. This is seen as a critical policy in order to ensure that quotas are not concentrated into the hands of large fishing companies whose owners have the financial resources to buy up such rights. In Ireland, any movement towards privatisation and concentration of rights into the hands of large companies would seriously risk fishing vessels losing an economic link with Ireland’s coastal communities and undermining the socio-economic importance of the fishing industry in the coastal communities dependent on fishing.
The result of this long-standing policy is that the Irish fishing fleet involves a balanced spread of sizes and types of fishing vessels, which have retained a strong economic link with our coastal communities and have delivered vital economic activity in these communities.
Pelagic stocks such as mackerel are managed on an annual or seasonal basis. Management of the national mackerel quota is set down in Ministerial Policy, which has been developed and put in place over many years since the commencement of the Common Fisheries Policy (CFP) and the introduction of quotas.
Any amendments or changes to the overarching policy on management arrangements are determined by the Minister following detailed analysis and full consultation with stakeholders, in particular the fishing industry.
The Mackerel policy was last amended in July 2017 after intensive review and public consultation. It should be noted that the 2017 policy is subject to a legal challenge in the Courts.
In order to consider any review of the Mackerel policy, I must be satisfied that there is satisfactory evidence of changed circumstances to justify a policy review. If I consider there is a case for review of any aspect of a policy, it will require due process, involving an assessment of all issues arising, including a full public consultation.
Unfortunately, the situation is that if there is an increase in the Mackerel quota allocation for any group of vessels, it must be taken from other groups within the fleet.
489. Deputy Eoghan Kenny asked the Minister for Children, Disability and Equality her plans to make the new Guardian ad Litem service completely independent from Tusla; the consultation she and her Department have undertaken to establish this new system; the investigative work done into the service demand; if there will be a waiting list for the service; if she and her Department are willing to engage with the Independent Guardian ad Litem Agency in relation to the establishment of this service; and if she will make a statement on the matter. [5120/26]
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 design of the new Service is undertaken following consultation with stakeholders. The operating model for the Guardian ad litem National Service will include governance structures, professional codes, and statutory safeguards, ensuring legal representation for Guardians ad litem where necessary, publishing operational policies and maintaining transparency, preventing waiting lists and safeguarding workforce stability.
The independence of Guardians ad litem in the performance of their functions is a legislative requirement and a core value of the role. The Child Care (Amendment) Act 2022 clearly states that Guardians ad litem must act independently in their professional judgment and function. The standards, code of conduct and other policies/procedures will put the structures in place to ensure this independence at an operational level.
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.
In 2025, the Department undertook an analysis of the staffing needs of the new service based on current caseloads and time worked per case (including travel), submitted by Guardians ad litem across the years previous. Based on this analysis, the staffing model for the service was developed which will ensure availability of Guardians ad litem to children who require them.
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 Executive Office on behalf of the Department has regular engagement with all stakeholders including the Association for Guardian ad litem Ireland (AGALI) who represent Guardians ad litem and are administratively supported by a number of other companies /organisations also.
The Executive Office will continue to engage meaningfully with all stakeholders as we prepare for commencement of the Guardian ad litem National Service. I remain open to the possibility of a meeting at an appropriate time in the future. The Government remains committed to delivering a high-quality, child-centred Guardian ad litem system that strengthens children’s rights and ensures their voices are heard in court proceedings.
490. Deputy Eamon Scanlon asked the Minister for Children, Disability and Equality to formally establish the Sligo-Leitrim autism support service on a permanent basis, given that the current pilot is due to conclude in March 2026; to provide sustained funding for a minimum of two autism support officers for the Sligo-Leitrim area; and if she will make a statement on the matter. [5148/26]
Amharc ar fhreagraThe Deputy is seeking information in relation to an operational matter for Tusla, the Child and Family Agency. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.
491. Deputy Michael Healy-Rae asked the Minister for Children, Disability and Equality when an assessment will take place for a child (details supplied); and if she will make a statement on the matter. [5178/26]
Amharc ar fhreagraAs this question refers to the service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
492. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality if capital funding is available to family resource centres to purchase a new premises where they have outgrown their current premises; if there are any options for such funding; and if she will make a statement on the matter. [5180/26]
Amharc ar fhreagraI wish to inform the Deputy that neither the Department nor Tusla currently have capital funding to support the purchase or building of new, or refurbishment or extension of existing Family Resource Centres. Tusla does not have a dedicated budget for capital or building works for third party organisations such as Family Resource Centres.
The Family Resource Centre Programme is a community development programme that is financially supported by many State agencies in a partnership approach. Centres may draw on various sources of funding provided by other Government Departments, agencies and private sources. In relation to any immediate or urgent requirements, I would suggest that the local County or City Council be considered as a starting point in the context of any capital funding requests. Tusla also recommends that FRC Programme members look into any Government schemes available, such as Rural Integrated Development schemes operated by the Department of Rural and Community Development.
493. Deputy Emer Currie asked the Minister for Children, Disability and Equality the progress made since the formation of this Government on each Programme for Government commitment relating to childcare, in tabular form; and if she will make a statement on the matter. [5206/26]
Amharc ar fhreagra494. Deputy Roderic O'Gorman asked the Minister for Children, Disability and Equality when the review of the ECCE programme will be completed; when it will be published; and if she will make a statement on the matter. [5220/26]
Amharc ar fhreagraThe independent review of the ECCE Programme was completed in 2024, with the final report published in October of that year.
The Department is now considering potential enhancements to the ECCE programme on the basis of the review.
Any change will require a thorough review of the evidence and consideration of impacts on children, parents and preschool providers.
495. Deputy Roderic O'Gorman asked the Minister for Children, Disability and Equality if she will consider greater flexibility for entry dates for the ECCE programme, particularly if a child has only missed an entry date by a short period of time; and if she will make a statement on the matter. [5221/26]
Amharc ar fhreagraThe ECCE programme is available to all children within the eligible age range. As you are aware a child must have reached 2 years and 8 months of age on or prior to 31st August of the relevant programme year to be eligible for the 1st of September start date.
The minimum eligibility age of 2 years and 8 months was chosen based on national experience and a review of international practice. It also had regard to the regulatory environment for early years’ education and care in this country and issues such as child development readiness and adult-child ratios. There is no provision for a child to start ECCE prior to their eligibility date.
The Department accepts that the use of age limits in a scheme such as ECCE creates a situation whereby a child can fall just outside the age range, however, the Department must place an age cut-off at some point, and in the interests of fairness and consistency there can be no discretion in this regard.
On foot of the ECCE review and in line with the Programme for Government commitment to “evaluate options to amend the ECCE eligibility criteria”, Department officials are considering changes to the ECCE age criteria. Any change to the ECCE programme, such as age eligibility criteria or greater flexibility for entry dates, will require a thorough review of the evidence available and consideration of the impacts on the relevant children, parents and preschool providers.
496. Deputy Emer Currie asked the Minister for Children, Disability and Equality the changes in eligibility and points of entry since the ECCE commenced and the Programme for Government commitment to evaluate options to amend the ECCE eligibility criteria.; and if she will make a statement on the matter. [5257/26]
Amharc ar fhreagraThe ECCE Programme was announced in April 2009, with the first children enrolling from January 2010. When first introduced, children were required to be between the ages of 3 years and 2 months and 4 years and 7 months in September of the year they enrolled. Children were eligible for one year Programme Year (38 weeks in total) of funded pre-school under the Programme.
ECCE was extended in September 2016, and children were then eligible to enrol in ECCE at age three and remain in Programme until they transitioned to primary school. Under this extension, three enrolment points were introduced – September, January and April.
The number of entry points for Early Childhood Care and Education Programme (ECCE) reverted from three to one at the beginning of September 2018. This measure addressed the previous situation whereby there was a broad fluctuation in the number of free preschool weeks a child could avail of and ensures a programme that is equitable for all children. All children are now eligible to 2 free years of ECCE, and can enrol from the age of 2 years 8 months, with the upper age limit set at 5 years and 6 months by June 30th of the relevant Programme Year.
An independent review of the ECCE Programme was completed in 2024, and the final report was published last October. This review examined the operation of the Programme and considered potential flexibility within the eligibility criteria and points of entry.
In line with the Programme for Government commitment to “evaluate options to amend the ECCE eligibility criteria”, Department officials are considering changes to the age eligibility criteria. Shaping the Future, the recently published Early Years Action Plan Phase 1 report, notes that the potential to extend the ECCE free pre-school programme and amend the age-eligibility criteria will be included in consultations and analysis under Phase 2 of the Action Plan. All changes to the Programme will require a thorough review of the evidence and consideration of the impacts on children, parents, and preschool providers.
497. Deputy Eoin Ó Broin asked the Minister for Children, Disability and Equality the engagements her Department has had with the Department of Justice; Home Affairs and Migration regarding the prevalence of juvenile crime; if any initiatives are intended by her Department in relation to the issue; and if she will make a statement on the matter. [5327/26]
Amharc ar fhreagraOberstown Children Detention Campus (Oberstown) is Ireland’s sole national centre for the detention, care and education of young people under 18 years referred by the courts on detention or remand orders. It is a children detention school, established under the Children Act, 2001, as amended. Oberstown provides individualised care to young people through an integrated multi-professional approach that enables young people to address their offending behaviour and return successfully to society. It is governed by a Board of Management appointed by the Minister for Children, Disability and Equality under sections 164 and 167 of that Act.
The primary role of Oberstown is to provide a programme of care and education aimed at rehabilitating those children referred to Oberstown by the courts. As per Section 158 of the Children Act, 2001, the principal object of Oberstown is to provide appropriate educational, training and other programmes and facilities for children referred to them by a court and to promote the child’s reintegration into society and prepare the child to take his/her place in the community as a person who observes the law and is capable of making a positive and productive contribution to society.
Under the Children Act, 2001 detention of children is to be used only where the court is satisfied that detention is the only suitable way of dealing with the child. Similarly, the United Nations Convention on the Rights of the Child (UNCRC), to which Ireland is a party, sets out that detention is to be used only as a measure of last resort and for the shortest time possible.
The Department works closely with the Department of Justice, Home Affairs and Migration, which has lead responsibility for the wider youth justice system, to ensure that the youth justice system makes both detention and meaningful alternatives to detention available to the courts. Together the two Departments ensure that the various approaches work in harmony with each other, especially when dealing with children whose offences do not necessarily meet the threshold for detention. The Departments are in regular contact with each other on these and related matters.
The Programme for Government commits to the expansion of prevention and diversion programmes in the youth justice system. Notwithstanding this, detention must be available to the courts to deal with the most serious offences by children. The Department is examining with Oberstown how a small number of additional places for boys within the existing accommodation can be provided.
Regarding longer-term capacity planning, the Youth Justice Strategy 2021 to 2027 includes the following commitment:
We will implement a research-based assessment of likely demands for Detention places and services and the consequent resource requirements over a 5-year period to inform future strategic options as well as ongoing planning, budgeting and service development.
The Department has commenced work on this project and initial research has been completed. Assessment of that research will now proceed with relevant stakeholders being consulted. Additionally, the Department and Oberstown will be investing in expanded capacity using funding from the NDP.
498. Deputy Shónagh Ní Raghallaigh asked the Minister for Children, Disability and Equality if her Department plans to open State-led facilities in the Kildare area; and if she will make a statement on the matter. [5332/26]
Amharc ar fhreagraImproving access to quality and affordable early learning and childcare is a key priority of Government. To support this, earlier this week I announced that €135 million will be made available for State-led services providing high-quality, accessible early learning and childcare.
A forward planning model seeks to identify the nature and volume of different types of early learning and childcare places across the country and how that aligns with the numbers of children in the corresponding age cohorts at local area level. An extensive data analysis and cleaning exercise has been undertaken to map publicly subsidised supply. This involves combining data from multiple administrative sources, including child population data, using GIS (Geographical Information System) mapping tools.
The analysis of the forward planning model will provide a key input into the approach to the multi-year capital programme to be resourced through the allocation in the revised National Development Plan 2026-2030. It will be one of a number of factors considered when selecting and prioritising projects.
Other factors will reflect the policy goals of the Department to support a quality, inclusive and accessible early learning and childcare system and to ensure value for money.
Under this investment programme, the State will be stepping in to create high-quality, accessible services where they are most needed. This is a groundbreaking move by Government to support children and families.
The Department is beginning to assess sites and buildings which align with the goals of the programme and, where required, will seek expressions of interest from operators to deliver these State-led services.
499. Deputy Eoin Ó Broin asked the Minister for Children, Disability and Equality if her Department has had any engagement with the Department of Education and Youth regarding increased childcare and early years provision on school sites; if this has been considered regarding increasing capacity, specifically in areas where there is a lack of options for parents; and if she will make a statement on the matter. [5355/26]
Amharc ar fhreagraImproving access to quality and affordable Early Learning and Care and School Age Childcare is a key priority of Government.
Currently, an estimated 22.5% of ELC and SAC operators deliver services on school sites.
Guidance on making available school buildings for early learning and childcare and other community uses is provided by the Department of Education and Youth in “Procedures on use of school buildings and sports facilities outside of school hours”, published in 2024. Supporting the provision of after-school childcare in particular is strongly encouraged.
Officials in Department of Children, Disability and Equality have met a number of times with officials from the Department of Education’s Planning and Building Unit with a view to sharing expertise and information between the Departments and identifying opportunities for future developments. In addition to specific meetings, the relevant officials have also engaged a number of times on related matters, particularly through the Early Learning and Childcare Planning Matters Working Group and in relation to existing services' use of school buildings.
The Programme for Government commits for the first time to provide capital investment to build or purchase state-owned early learning and childcare facilities, to create additional capacity in areas where unmet need exists. State ownership of facilities is a very substantial and significant development and offers the potential for much greater scope to influence the nature and volume of provision available and to ensure better alignment with estimated demand. This work will be supported through capital investment under the revised National Development Plan.
€197 million will be available between 2026 and 2030 for early learning and childcare capital programmes. This will include investment in new buildings through the State-led early learning and childcare programme, investment in expansion of existing early learning and childcare operators through the Building Blocks scheme and a number of quality initiatives including supports to childminders.
The potential for development of State-led facilities in tandem with the school building programme will be considered as part of the wider capital plans to develop State-led services.
500. Deputy Eoin Ó Broin asked the Minister for Children, Disability and Equality if she is aware of a lack of available, affordable and appropriate childcare placements in the Lucan, County Dublin area; the efforts underway to increase options and capacity to ensure childcare services are available to young people who require them; and if she will make a statement on the matter. [5356/26]
Amharc ar fhreagraImproving access to quality and affordable Early Learning and Care and School Age Childcare is a key priority of Government.
Early learning and childcare capacity is increasing. Data from the Annual Early Years Sector Profile shows that the estimated number of enrolments increased by 25% between 2022 and 2025. However, it appears that demand for early learning and childcare remains higher than available supply in certain parts of the country, particularly for younger children.
The Department continues to support the ongoing development and resourcing of Core Funding which has given rise to a significant expansion of places since the scheme was first introduced. Core Funding, which is in its fourth programme year, funds services based on the number of places available.
This provides stability to services, and reduces the risk associated with opening a new service or expanding an already existing service. For the third programme year (2024/25), the allocation for Core Funding allowed for a 6% increase in capacity. Budget 2025 secured funding for the fourth programme year (2025/6) to facilitate a further 3.5% increase from September 2025. Budget 2026 has made provision for the fifth programme year (2026/7) for a further expansion in supply of 4.2%.
This increased investment will allow increases in the natural growth of the sector driven both by new services joining the sector and existing services offering more places and/or longer hours to families.
The Government is also supporting the expansion of capacity through capital funding. The Building Blocks Extension Grant Scheme is designed to increase capacity in the 1–3-year-old, pre–Early Childhood Care and Education, age range for full day care. Core Funding Partner Services could apply for capital funding to physically extend their premises or to construct or purchase new premises.
Capital funding allocated to the early learning and childcare sector under the National Development Plan has enabled significant investment in early learning and childcare. This allows existing Core Funding Partner Services to extend their existing premises or, in the case of community services, to construct or purchase new premises. The Scheme will deliver up to 1,500 full-day care places for 1- to 3-year-olds.
The Programme for Government commits for the first time to provide capital investment to build or purchase state-owned early learning and childcare facilities, to create additional capacity in areas where unmet need exists. State ownership of facilities is a very substantial and significant development and offers the potential for much greater scope to influence the nature and volume of provision available and to ensure better alignment with estimated demand. This work will be supported through capital investment under the revised National Development Plan.
€197 million will be available between 2026 and 2030 for early learning and childcare capital programmes. This will include investment in new buildings through the State-led early learning and childcare capital programme, investment in expansion of existing early learning and childcare operators through the Building Blocks scheme and a number of quality initiatives including supports to childminders.
Under the programme of investment for State-led services, the State will be stepping in to create high-quality, accessible services where they are most needed. This is a groundbreaking move by Government to support children and families. €135 million will be available for this programme.
Other measures being pursued to increase the supply of places include a new round of the Building Blocks scheme to launch in 2026 which will fund extensions to existing early learning and childcare services.
The Department also funds 30 City/County Childcare Committees, which provide support and assist families and early learning and childcare providers. The network of 30 City/County Childcare Committees across the country can assist in identifying vacant places in services for children and families who need them and engage proactively with services to explore possibilities for expansion among services, particularly where there is unmet need.
Parents experiencing difficulty in relation to their early learning and childcare needs should contact their local City/County Childcare Committee for assistance.
501. Deputy William Aird asked the Minister for Children, Disability and Equality the immediate steps her Department will take to reduce the waiting times for children to be reviewed for an assessment of need, in light of the statutory requirement under the Disability Act 2005 that assessments of need be completed within six months of application; and if she will make a statement on the matter. [5376/26]
Amharc ar fhreagraThe delivery of an effective, efficient Assessment of Need system is a priority for the Government. There has been intensive work by the Department of Children, Disability and Equality and the HSE to address delays in the provision of Assessments of Need.
Under the Disability Act, an Assessment of Need is an assessment process carried out by the HSE where a person is of the opinion that he/she may have a disability, for anyone born after 1st June 2002. It first establishes whether the person has a disability (as defined within the Act). It then identifies the health and education needs of the person with a disability and the services required to meet those needs.
It is important to note that children do not require an Assessment of Need to access health services, including Primary Care, Children’s Disability Network Teams or Mental Health Services.
However, demand for Assessments of Need has increased significantly in recent years, reflecting both the increase in population and the number of families exploring all options to access services for their child. The impact of this increased demand has contributed to there being over 18,000 applications overdue for completion nationwide at the end of September 2025, according to the most recently available HSE data.
More positively, there has been continued improvement in the number of completed assessment of need reports. Over 4,500 reports were completed in the first nine months of 2025 – a 57% increase compared to the same period in 2024.
This improvement has bolstered by significant investment by my Department in the Targeted Waitlist Initiative which focuses on those families waiting longest for Assessments of Need.
Under this Initiative, over 6,300 clinical assessments have been commissioned from private providers since the Initiative started in June 2024. Budget 2026 provides for the continuation of this Initiative next year with €20 million provided for the delivery of some 6,000 clinical assessments.
In December 2025, Government announced a series of reforms to the Assessment of Need process which will make the process more effective and efficient for children and families. Over time, this should lead to a reduction in the waiting time to receive an assessment.
This reform includes changes to Part 2 of the Disability Act, 2005, which provides for Assessments of Need. The General Scheme of the Disability (Amendment) Bill 2025 which outlines these proposed changes was approved by Government on 9 December and will be published on the Department’s website shortly.
Any proposed legislative changes will not remove any rights for parents to apply for an Assessment of Need for their child, nor will they alter the statutory six-month timeline set out in the Disability Act.
Other aspects of the reform include:
• The development of statutory guidelines to ensure that Assessments of Need focus on identifying a child’s needs, engaging in more intensive assessments only where required to identify need. This should help reduce delays and allow therapists to spend more time delivering services.
• The establishment by the HSE of eleven new teams, initially, to support HSE assessment processes, including Assessments of Need. Each team will include a psychologist, a speech and language therapist, an occupational therapist, and an administrator, providing clinical guidance throughout the process.
Government recognises the need for urgency in addressing delays in the Assessment of Need system and is committed to addressing these for the benefit of children and their families.
502. Deputy John Paul O'Shea asked the Minister for Children, Disability and Equality the rationale for establishing a new Guardian ad Litem National Service, given that the current system provides independent representation for children without waiting lists; the way she will ensure the independence of Guardians ad Litem where both Tusla and the new service will be accountable to the same Department and Minister; whether she will reconsider the design of the service to ensure it remains child-centred, informed by the expertise of practising Guardians ad Litem, and consistent with Ireland’s obligations under the UN Convention on the Rights of the Child; and if she will make a statement on the matter. [5392/26]
Amharc ar fhreagraThe Child Care (Amendment) Act 2022 which was signed into law in July 2022 will extend and regulate the Guardian ad litem system ensuring children's voices are heard in care proceedings by establishing a national service while protecting GAL independence. The Executive Office, Guardian ad litem National Service was set up in my Department in January 2025 and a Director appointed to give effect to this legislation and the intended government policy goal of a high quality regulated service which is child centred.
The independence of Guardians ad litem in the performance of their functions is a legislative requirement and a core value of the role. The Child Care (Amendment) Act 2022 clearly states that Guardians ad litem must act independently in their professional judgment and function. The standards, code of conduct and other policies/procedures will put the structures in place to ensure this independence at an operational level. Guardians ad litem have been invited to contribute to these policies at in-person consultation events next month.
The design of the new Guardian ad litem National Service is undertaken following consultation with stakeholders. The Service is firmly grounded in child centred practice and aligned with Ireland’s obligations under the UNCRC. Its core purpose is to ensure every child’s voice is heard and their best interests are independently represented in court, reflecting Articles 3 and 12 of the Convention.
The Service will provide clear standards, independent oversight and professional accountability. As set out by the Child Care (Amendment) Act 2022, the Service aims to deliver a consistent, high-quality national system that strengthens children’s rights across care proceedings. This Department will remain committed to ongoing review to ensure the Guardian ad litem National Service continues to meet these obligations on commencement and thereafter.
503. Deputy John Lahart asked the Minister for Children, Disability and Equality the steps she is taking to address the barriers faced by parents and lifelong carers of adults with significant intellectual disabilities who are required to seek decision-making representative orders under the Assisted Decision-Making (Capacity) Act 2015; in particular the requirement for such carers to apply to the Circuit Court for permission to make the application, and the impact of the current means test and associated legal costs; and if she will make provision for parents or full-time carers to be recognised as exempted persons for the purposes of these applications. [5413/26]
Amharc ar fhreagraUnder the 2015 Act, a DMRO is the highest tier of decision support arrangement available and is therefore subject to the strongest of safeguards. A decision-making representative can be appointed by the Circuit Court, and they can take decisions on behalf of the relevant person, in line with the relevant person’s known will and preferences. This may include decisions about property and financial matters, as well as decisions about personal welfare. Where there is no decision-making representative available to act on behalf of the relevant person, one may be appointed from a panel maintained by the Decision Support Service.
Section 36 of Part 5 of the 2015 Act provides for capacity applications to be made to the Circuit Court in respect of relevant persons, with a view to appointing a suitable decision-making representative(s) to the relevant person. It sets out the categories of persons who can make Part 5 applications directly to the Court. These categories include, inter alia, a spouse or cohabitant, an adult child, a decision supporter appointed under the 2015 Act, and a designated healthcare representative. A person who proposes to make an application under Part 5 but who does not fall into the above category of persons and who has a bona fide interest in the welfare of the relevant person, must make an ex-parte application for ‘consent’ to make a Part 5 application to the Circuit Court. This includes parents of adult children.
I appreciate the role of many parents and full-time carers as strong advocates for adults with diminished capacity. However, the 2015 Act was drafted in manner that ensures that the interests of those with capacity difficulties are placed front and centre, to account for situations where parents may not have maintained such a strong relationship with their adult children, and where the absence of the initial Circuit Court process may be a safeguarding risk.This ensures that the appropriate and necessary safeguards are in place to protect the rights and autonomy of those with diminished decision-making capacity.
The cost of applying to become a decision-making representative will be dependent on a number of factors. These costs are not set by this Department. Further information on the DMRO application process is available on the Courts Service website here: https://services.courts.ie/Civil-Law/Assisted-Decision-Making-Capacity-(ADMC), and on the DSS website here: https://decisionsupportservice.ie/services/decision-making-representation-order.
The Legal Aid Board provides legal advice and legal aid in the area of Assisted Decision-Making. In circumstances where an application needs to be made to the Circuit Court for the appointment of a decision-making representative, the Legal Aid Board can provide legal advice and legal representation in proceedings before the Circuit Court, however a financial means test may apply. More information can be found on the Legal Aid Board website at: www.legalaidboard.ie/our-legal-aid-service/how-we-can-help-you/assisted-decision-making-act-2015/.
Applications for legal services to the Legal Aid Board seeking legal representation in respect of applications to Court for the appointment of a decision-making representative are treated with priority by the Legal Aid Board.
A review of the operation and effectiveness of the 2015 Act is provided for under the legislation, and is also a commitment in the Programme for Government. This review will take place in consultation with a wide range of stakeholders, and will be informed by feedback from those with lived experiences of the provisions of the Act.
504. Deputy Liam Quaide asked the Minister for Health the actions, other than a single point of access initiative that she is pursuing to address the crisis in primary care services for young people; the staffing benchmarks she is committing to as part of these plans; and if she will make a statement on the matter. [5415/26]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
505. Deputy Michael Cahill asked the Minister for Health to outline the current protocols in place for cases in which a patient presents at an accident and emergency department and reports suspected drink-spiking; the reason hospitals do not carry out toxicology testing in these cases, even when requested by patients and families; if she will commit to establishing a clear national pathway across hospitals supported by appropriate clinical protocols; and if she will make a statement on the matter. [69104/25]
Amharc ar fhreagraAs this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
