I thank Deputy Pringle. Engagement is taking place between the relevant agencies and Departments in bringing about a resolution here. It is early stages in the process yet and we want to let those negotiations continue. We are very committed to the capacity review, and both I and the Minister of State, Deputy Rabbitte, want to see that implemented. We will be looking forward to bringing an action plan forward later this year for the financing of the first three years of the capacity review.

I thank the Deputy for the opportunity to answer the question she has raised. A key objective of my Department is to ensure early learning and care provision promotes the participation of all children. To that end, the Department has taken steps to integrate additional supports and services for children and families with additional needs. The access and inclusion model, AIM, which was introduced in 2016, provides a suite of supports to ensure children with a disability can meaningfully participate in, and reap the …

I thank the Deputy. I am acutely aware of the cost-of-living crises that many families face. This is why in last year's budget I was able to get a very significant investment to cut childcare costs for all parents, at an average of 25%. This is why in next year's budget I am looking specifically to extend that out to childminders. The Deputy also raised this issue with regard to the significant number of parents who use childminders and are not able to avail of the NCS for that childcare provision at the moment. Pe…

I thank the Senator for putting forward the amendment. I want to take a step back. The amendment proposes the deletion an existing part of section 50 and its replacement with new text proposed by Sinn Féin Senators. When the Bill was first brought before the Dáil, it referred solely to the institutions listed in the Schedule and they were the only available institutions. Subsequently, following pre-legislative scrutiny and engagement, we added section 50 to the Bill which includes giving power to the Minister to ad…

Again, respectfully, this is a policy decision. The role of the chief deciding officer is to oversee the implementation of the scheme and oversee, in an independent way, the adjudication of each individual application and make sure that is done in an appropriate way. A decision on the addition of a new institution could have the consequence of significantly broadening the scheme. If the proposed institution met the criteria set out in section 50, then that is what should be done but that is a policy decision.

We have included this section to recognise that there may be circumstances where our understanding of other institutions changes as we find out more about them. They may have replicated the functions of the institutions that are contained within this legislation and if so, the legislation makes space for them to be included, if they meet the requirements set out here.

I wish to signal to Seanad Éireann that I may bring amendments to the Bill on Report Stage to address an issue relating to institutions covered in the scheme and their continued operation in other capacities. This issue is complex in nature and particularly relates to county home institutions. It is currently being considered by my officials in consultation with the Attorney General's office.

I thank the Senator. He is right that the Report Stage debate is scheduled for four hours at the moment. As the Senator knows, Committee Stage was originally scheduled for three hours and we have been dealing with it for a lot longer. That is absolutely fine because it is important legislation. It is important that we give the amendments that were in order and, in certain circumstances, those that were not in order, good consideration. We will continue to do that on Report Stage. I thank the Senator for setting out…

I thank the Chair. I wish Senators a good afternoon. I thank Senator Black for her amendments. As a starting point, I absolutely agree on the urgency, and the urgency for many of the survivors and former residents. Without labouring the point, it is also urgent that we pass this legislation. If we do not get it passed by the end of this term, and if we do not get it completed in this House and through the Dáil again for its Final Stage there, we risk not being able to open it in the autumn. I would like to make tha…

I signal to the Seanad that I may bring forward amendments to this section on Report Stage to ensure that where it would assist the administration of the scheme, the chief deciding officer will have a lawful basis to enter into data-sharing arrangements with information sources. My officials are examining all the data protection provisions in the Bill in the context of ongoing work in collaboration with information sources in preparation for the opening of the scheme.

I appreciate the Senator's clarification regarding who makes the call on whether amendments are in or out of order. As the amendments in this grouping have been ruled out of order, I do not want to get into a debate on their provisions, but I draw the Senator's attention to the existing definition under section 2(2), which provides that a person who "was born in, or admitted as a resident to" an institution, he or she will be included within the definition of "resident in". Persons who were born in the maternity ho…

I am not in a position to accept the amendment as presented but that is not to say that I do not understand the intention behind it. That intention of acknowledgement lies behind the wider Government approach to mother and baby and county home institutions, as outlined in the steps we set out in the action plan. Central to that was the apology the Taoiseach made on behalf of the State. It also aligns with work my Department is looking at in terms of how an apology could be provided in a meaningful way to people who…

I hear Senator Black’s frustration about the ruling of these amendments out of order. That decision was not made by me. The issue of the waiver has been raised by the Senator, her colleague and colleagues from Sinn Féin and across the House. I am to come back to the House in writing on it. I had a meeting with officials in the Office of the Attorney General today to discuss and make final preparations for the response. It is an important issue for the Senator and everyone, and I want to be clear and get back to her…

Shameless vote-buying by the Cathaoirleach there. I will make a point on what we are providing payments for. The Long Title of the legislation refers to “An Act to provide, in recognition of the circumstances experienced by certain persons while resident in certain institutions in the State ...” I respectfully disagree with Senator Higgins, who said the scheme was solely based on time. The availability of the scheme to a person is based on time spent in the institution but it is for the circumstances experienced wh…

It is to enable me to provide as comprehensive an answer as I can to the points Senator Higgins raised on the waiver and what it covers. I wanted to explore that with the Office of the Attorney General.

I thank the Senator. Speaking to section 32, again the approach that is being adopted with the payment scheme is one of a single payment recognising the circumstances experienced by former residents of these institutions. The decision - it is one we went through in some detail during our hearings last week - was based on the fact that to start to individualise the experiences of applicants and ask people to come forward and speak about their particular experiences risked retraumatisation; an issue to do with proof …

This is reflective of the fact the Government has this year abolished statutory inpatient charges in hospitals. These were one of the categories covered by the enhanced medical card. As those charges do not exist anymore, there is no point in listing them as one of the benefits of the enhanced medical card.

I thank the Senators for their contributions. I have put it on the record previously, but it is worth reiterating, that when the Taoiseach made his State apology, he recognised how the suffering of people in mother and baby homes and county home institutions was often compounded by racial discrimination. That is recognised. I turn to the specific amendments brought forward by Senator Black. Amendment No. 108 proposes the inclusion of a new subsection in section 49 that would require a review to be commenced "should…

If a negative decision is made by an Irish court in the context of a judicial review about this scheme, the Government has to respond. I am talking entirely hypothetically, but if something was found to be ultra vires or unconstitutional, of course the Government has to respond. We do not have a choice in that situation. If an international treaty body makes a finding about something that Ireland does, then in order to meet its treaty obligations, Ireland will seek to comply in the same way it complied with the Nor…

I have spoken at some length about the purpose of the Act and, in particular, the purpose of the reporting, both in the initial report and the final report. In light of that, I am not in a position to accept these amendments. While it is not explicitly stated in the Bill, the information that is referred to in amendment No. 110 will be gathered by the scheme as a matter of course as applications to the scheme will result in the notice of determination and the data will be captured on applications that were unsucces…