Vol. 741 No. 3
52 Deputy Micheál Martin asked the Minister for Children and Youth Affairs the further primary and secondary legislation required for the establishment of and transfer of powers to her Department; when such legislation will be published and orders made; and if she will make a statement on the matter. [26057/11]
74 Deputy David Stanton asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 45 of 12 July 2011, the progress that has been made regarding the transfer of the Irish Youth Justice Service to her; and if she will make a statement on the matter. [26086/11]
I propose to take Questions Nos. 52 and 74 together.
The Department of Children and Youth Affairs was established on 2 June 2011 by the Community, Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2011, made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939. The effect of this order also gave responsibility for the Family Support Agency to the Department of Children and Youth Affairs. On 3 June 2011, a further order made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, entitled the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order2011, transferred responsibility for the following legislation to the Minister for Children and Youth Affairs: the Adoption Act 2010; subsections (1)(d) and (2) — in so far as they relate to the young people's facilities and services fund — of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007; the Ombudsman for Children Act 2002; the Protections for Persons Reporting Child Abuse Act 1998; and the Youth Work Act 2001.
The order also provided for the transfer of responsibility from the Minister for Health to the Minister for Children and Youth Affairs for the following functions: promoting the development of integrated policy frameworks to enable the development and implementation of cross-departmental strategies to secure the well-being of children and young people; conducting, commissioning and publishing research and building an information base to inform the development of policy and service delivery for children and young people across relevant Government agencies and non-governmental organisations; developing, monitoring and supporting the implementation of play, recreation and youth policies; overseeing the development, improvement and monitoring of policies and structures to promote and enable participation by children and young people in decision-making on matters that affect their lives; and providing and administering preschool early childhood care and education scheme. Responsibility for the National Education Welfare Board was transferred by the national education welfare board order from the Minister for Education and Skills to the Minister for Children and Youth Affairs in May 2011.
It is intended to transfer responsibility for the Child Care Acts 1991 to 2011 from the Minister for Health to the Minister for Children and Youth Affairs, with effect from 1 October 2011. Before the Child Care Acts could be transferred, Part 4 of the Child Care (Amendment) Act 2011, which provides the legislative basis for the provision of information and documents by the HSE to the Minister for Children and Youth Affairs and creates a safe channel of communication for sensitive information from the executive to me as Minister, was required to be commenced. This was commenced on 8 September 2011.
In the context of the preparation of legislation to establish the child and family support agency, consideration is being given to any additional legislative provisions required by the Minister for Children and Youth Affairs to be included in that legislation. In the meantime, protocols for consultation between the Minister for Health and myself will be put in place, subject to our agreement.
It is intended that responsibility for children detention schools, Part 10 of the Children Act 2001, and for remand places under section 88 of that Act will transfer from the Minister for Justice and Equality to me as Minister for Children and Youth Affairs. It is intended to transfer these responsibilities by a transfer of functions order. I will consult with the Minister for Justice and Equality and the Minister for Finance as to the appropriate timing of the transfer. In the interest of administrative efficiency, it appears most appropriate that the transfer of responsibility will take effect on 1 January 2012 to coincide with the financial year. However, the Irish Youth Justice Service staff will move to my Department in the coming weeks. Protocols for consultation between the Minister for Justice and Equality and the Minister for Children and Youth Affairs will be put in place subject to our agreement.
I thank the Minister for her response. As we are now six months into this Government, it is very important that the legislation to complete the establishment of the Department and the transfer of powers from other Departments proceeds as quickly as possible. When does the Minister expect that the work she has outlined in her response will be completed? The Act establishing the child and family support agency will be key to the operation of the Department. Where does that stand currently and when will the Bill be published and go through the Dáil?
The Deputy can see from the fairly detailed reply I have provided that quite a number of the functions have been transferred. One function regarding youth justice is outstanding and, for budgetary reasons among others, it is intended that will be transferred on 1 January. We will work jointly on this because it is not being transferred in its entirety. Part of the work relating to the Garda diversion programmes will stay with the Department of Justice and Equality.
Establishing a new agency is a complex task. I have set up a task force, which has met and is working on establishing a new child and family agency. I do not have a timeframe for the task force for that but it is creating the vision for the new agency in association with the Department and myself. We are examining the transfer of responsibilities from the HSE. This is a period of change and it will not happen overnight. I do not have a precise timetable for the establishment of the agency because it is a complex task. I will attempt to examine the governance issues first and try to put the legislative base in place that will be needed by the agency as soon as possible in order that we can move forward with the legislation.
Regarding the role and remit of the Minister's Department, I have to express disappointment that a number of questions I tabled for address today have either been transferred or disallowed. I am particularly concerned that in reply to a question I posed about inter-country adoption, specifically in regard to Vietnam, the Minister stated she has "no responsibility to Dáil Éireann in this matter". The reply does not even suggest the question has been transferred to the Adoption Authority of Ireland. I participated in many Question Times with the Minister's predecessor, the former Minister of State with responsibility for children, Mr. Barry Andrews, addressing inter-country adoption issues, including with specified countries such as Vietnam, and they were always dealt with by him. I point this out because this reply signifies a deterioration rather than an advance in terms of the new Department's establishment. Will the Minister clarify the position?
Another disallowed question related to the national vetting bureau. While I acknowledge the facilitating Bill has been moved to the Department of Justice and Equality, nevertheless given its focus on one of the important areas in the context of child protection, surely the Minister would be willing and able to respond on that legislation. I had other questions disallowed but these two replies have vexed me most. I am interested to know what the Minister can do about this for the future.
I will follow these questions up and correspond directly with the Deputy. I am happy to answer questions in the House in regard to Vietnam. Significant progress has been made in recent weeks in efforts to establish diplomatic relations with Vietnam on the adoption issue. I intend that I will answers questions relating to Vietnam in the House and I will correspond with the Deputy directly regarding his question.
The vetting legislation is the responsibility of the Department of Justice and Equality and the Minister will bring the legislation to the House. My Department has been involved in the preparation of the Bill. I can only assume the Deputy's question was transferred because the Minister for Justice and Equality will bring the legislation to the House but, as he rightly said, it impacts on child protection. I am particularly keen that issues relating to vetting are dealt with as soon as possible for a variety of reasons, not least because it will aid the protection of children and will help agencies who are currently experiencing delays.
Perhaps these questions could be addressed to the Minister for Children and Youth Affairs in the future.
53 Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the current state of preparations for the promised referendum on children’s rights; and if she will make a statement on the matter. [26079/11]
The third and final report of the Joint Committee on Children and the Constitution, JCCAC, deals with the rights of children under the Constitution, and the statute and case law concerning adoption, guardianship, care proceedings, custody and access to children. It sets out a proposed wording for a constitutional amendment to strengthen the rights of children. As Deputies will be aware, the programme for Government states that the referendum on children's rights is a priority, and that the wording will be along the lines of that proposed by the joint committee. Work is under way in the Office of the Attorney General to develop a draft wording for consideration by me and my Government colleagues. The previous Attorney General identified certain unintended consequences attaching to the joint committee's wording. The development of a revised wording will seek to resolve these issues while staying as close as possible to the joint committee wording. On receipt of a draft wording it is my intention to consult with other Departments and seek approval from Government for the proposed wording, with a view to holding the referendum next year.
I reaffirm my support and that of my party for the introduction of this legislation and proceeding to referendum before the people. Has the Minister any idea at this point when in 2012 we will see this legislation published? It is committed in the legislative programme for 2012. It is a vague period of time; a full 12 months. Can the Minister be more specific? Will the draft wording be published in advance of the actual legislation in order to not only refer to other Departments and Cabinet colleagues but require the full support of the Houses of the Oireachtas? That is a position I want to arrive at and I would be very interested to know if we will get the draft wording in advance and have the opportunity to feed back to the Minister on it.
Regarding the work towards wording that somewhat measures up to that recommended by the all-party committee, has the Minister confidence that we will realise wording that is an advance on that first mooted by the former Government? Can she give us some sense of the ongoing work within the office of the Attorney General? Is progress being made on this issue? Is there real proactivity, and when does the Minister expect that she will be able to move to the next stage of this process?
The Deputy knows first hand how complex this area is but I assure him that active work is being done to resolve some of the difficulties. It is a complex task. Real concerns were expressed by the previous Attorney General. There was concern about some unintended consequences in terms of the demands on the State. It is a question of seeing how we can resolve those. In advance of that I have not made decisions on some of the issues the Deputy raises but I welcome what he said regarding all-party support. The ideal position would be to have all-party Oireachtas support for this referendum. That would be my intention and I intend consulting across the Houses on the development of the approach to the referendum. At this stage I am focusing on ensuring that we get a wording and then preparing the necessary legislation.
I welcome again the Minister's restated commitment to the early publication of this legislation but seek clarification of one point, namely, the draft wording. Will we have sight of the draft wording in advance of the legislation to facilitate the referendum? Can the Minister confirm that that is the case?
I have not made a decision on that but I would want to consult as widely as possible.
I thank the Minister for her response on this question and assure her, as I have done previously, of my party's support for work on progressing the children's rights referendum and in taking an all-party approach to this issue because it is a sensitive and complicated one and it is important we all work together on it. Along with Deputy Ó Caoláin I would welcome if the wording can be published in advance. My only disappointment about this issue which I have expressed previously is the approach the Opposition parties took on it last February to have the referendum on the same day as the presidential election but I assure the Minister that those of us in my party understand the complexities involved and will work with her on the matter. I urge her to try to progress the work to ensure we have this issue before the people next year.
In reply to the comments by both Deputies, while the wording and the constitutional challenges are complex the intention is simple. It is to have greater protection for children and emphasise that in the Constitution.
54 Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs her plans to increase qualification requirements for staff working in child care facilities, particularly those participating in the early childhood care and education schemes; and if she will make a statement on the matter. [26059/11]
There are no plans at present to increase the level of qualifications required under the early childhood care and education, ECCE, programme. However, interim arrangements which applied in the 2010-2012 start-up phase will no longer apply from September 2012. Under the interim arrangements, possession of the four core child care modules of the FETAC Level 5 award have been accepted as qualifying a pre-school leader under the programme, provided that the person concerned is working towards the achievement of a full level 5 qualification by September 2012. From that date, all pre-school leaders will be required to meet this criterion in full.
The literacy and numeracy strategy, however, which was launched by my colleague, the Minister for Education and Skills, in July of this year, contains a commitment to increase the qualifications required for staff working in State-funded ECCE services at some stage in the future. Clearly, this will require assurance that appropriate ECCE training is available to child care staff.
In this context, the workforce development plan for the early childhood care and education sector identifies the way forward in terms of upskilling the existing workforce and ensuring that those who enter the workforce in the future are appropriately prepared for their role. It also identifies career paths and progression routes for those who choose this area of work and provides clarity regarding the core skills and knowledge essential to practice effectively in an ECCE setting. The implementation of the plan is being overseen by the early years education policy unit of the Department of Education and Skills, which is co-located within my Department.
One development associated with the implementation of the plan is the publication of new common award standards for awards made by the Further Education and Training Council, FETAC, at levels 4, 5 and 6 on the National Framework for Qualifications. The changeover to the new award standards is a very positive and welcome development. They promote consistency in quality, content and delivery of programmes of learning leading to these awards nationally, their practice focus ensures that graduates are fully prepared to enter employment upon graduation and their structure ensures that core knowledge and skills are developed across all levels of qualifications which in turn allows for the establishment of clear professional pathways into and through the profession, which is something many of the staff employed in these services have been requesting.
Go raibh maith agat a Aire for that reply. The early childhood care and education, ECCE, programme is one of the developments in the child care sector which has been a shining light in terms of progress. What was a relatively realistic investment is reaping great rewards in terms of ensuring that every child, regardless of the means of their family, is getting preschool education.
The first full year of the scheme was 2010-2011 but the scheme only began in early 2010 and therefore has been developing in the past two years. It has progressed a good deal in that way but the key is not just the provision of the time and a preschool service for children. It is also about the quality, as I have no doubt the Minister is aware, particularly attention to ensuring that the Síolta framework for early childhood care is promoted and is not just a document. It is important also that the Aistear curriculum is developed at preschool because we are at an early stage of this programme and its pre-eminence in terms of its potential for young children within the Minister's Department must continue.
I agree with the Deputy on the opportunity the ECCE scheme presents in that 95% of our three to five year olds are attending these services, and quality is of the utmost importance as well as top quality training for the staff delivering the service. In that regard, another important element on which I am sure the Deputy would agree with me is to involve the parents where there are opportunities to do so.
The scheme is a good place for parents to have the opportunity to discuss their children's development and progress. The services need to be encouraged to involve parents as much as possible. We certainly want the two quality frameworks the Deputy mentioned, Síolta and Aistear, to be implemented and adhered to throughout the country.
On a related matter, is the Minister aware that cuts in recent years have disproportionately affected the provision of child care facilities through community-based providers, that is, under the community development programmes? Many of those who work in the area are already low paid, which is most regrettable. I believe one of the fault lines is that they are not allowed to access collective bargaining. That is just an example. Perhaps the Minister has already done so, but will she address the matter with the Minister for Finance? There should be an entitlement to access collective bargaining on the part of low-paid workers in child care provision, particularly in community-based facilities, which is where the overwhelming majority of those involved in this essential work are based.
Access to child care is something we want to preserve and develop. As the Deputy said, the previous Government decided about three years ago to close down the capital funding in the area. Nevertheless, we must continue to address the issue, and at the very least be aware of the demands that exist given our increased population and increasing birth rate. We need to be sensitive to the demands in this area. I am keen that we have a rigorous analysis of what the demands are going to be. That is one response to what the Deputy said. Perhaps he will correspond with me directly on the other matter and I will examine it.
55 Deputy Mick Wallace asked the Minister for Children and Youth Affairs her plans to extend the entitlement to free provision that began with the free preschool year to a second, earlier year; her views that the extension of the early childhood care and education scheme would be a major boost to the future lives of our young persons and to society in general; and if she will make a statement on the matter. [26001/11]
I assure the House again of the Government's ongoing commitment to early childhood care and education. The ECCE scheme, which Deputy McConalogue mentioned, was introduced in January 2010 and provides a free preschool year to all eligible children in the year before they commence primary school. Almost every preschool service in the State is participating in the programme, so it is available to children in all areas, and some 63,000 children or 94% of the eligible age cohort availed of the programme in the 2010-11 preschool year. In 2011, the ECCE programme is expected to cost €166 million. Services participating in the programme are required to provide age-appropriate activities and programmes to children within the Síolta framework for early learning and they are also encouraged to implement the Aistear curriculum, which has been developed for children from birth to six years.
My objective is to develop the ECCE programme incrementally over the term of this Government. However, all programme funding is considered in the context of the annual Estimates and budgetary process and I must operate within the financial constraints under which the rest of the Government is operating. As I have just said, a key element of this development will be to support the implementation of the workforce development plan by the early education policy unit of the Department of Education and Skills, which is co-located within my Department. In addition, I will be collaborating closely with my colleague, the Minister for Education and Skills, in implementing the recently launched literacy and numeracy strategy. Early intervention is crucial and the strategy provides for a range of actions to be undertaken by my Department to support preschool children and their families. I have been impressed by the work that is going on throughout the country in relation to early intervention. It is increasingly evidence and research based, which is a good thing. We are seeing programmes that have been tested and which we know have a good impact and support families properly.
It would be extremely helpful to many children if a second preschool year was provided. It would probably be particularly beneficial to children with special needs, who can currently avail of the preschool year on a pro rata basis over two years. I would like to be in a position to deliver on this, but as I said, I must operate within the financial constraints under which the rest of the Government is operating. I assure Deputy Wallace that the ECCE programme will continue to be evaluated and developed as resources permit.
I thank the Minister for her answer. I realise that money is scarce and the Minister is constrained, but she will know that a report by the OECD in 2009 showed that we spend a lower percentage on the education of children under six than any other country in Europe. It is a fact of life that we have underestimated the importance of investment in children at the earliest stages. Even if the overall spend cannot change, we need to consider rebalancing spending with a view to greater investment in children in the early years. As the Minister admitted, all the research shows that such spending is the most productive of all. Every euro spent on children under six years of age saves the State €8 in the long term. That is dramatic. Surely it would be a great investment on the part of the State to spend more money on the early years.
I certainly take the Deputy's point. He does not have to convince me of the importance of early intervention and support and quality child care. The situation has improved greatly in recent years and the ECCE programme, which 94% of children are attending, as I said, is certainly beneficial. I would like to see more resources in the area. In July, at the Oireachtas Joint Committee on Health and Children, I indicated my objective over the coming years to seek to develop further the free preschool year in early childhood care and education. As the Deputy well knows, we are in an extraordinarily difficult financial situation and my Department is subject to the expenditure review, as are all other Departments. However, I would like to work towards further development as resources permit. It would certainly be beneficial. I will discuss the matter with the Department of Education and Skills, but there are serious fiscal constraints on all of us and I must operate within them.
Aside from the social benefits, it is still just 15 hours a week. To add to that, parents are already in a difficult place financially, yet child care in Ireland is among the most expensive in Europe. We put the lowest funding into it of any country in Europe and the costs are among the highest. As an aside, I commend the Minister on her speech at the Amnesty briefing yesterday, which was very good.
I thank Deputy Wallace. There is no doubt that Ireland was slow to develop comprehensive child care, but great progress has been made in the past number of years, primarily thanks to EU funding but also because of some national funding. Further developments in the area are hugely constrained despite the worldwide evidence because financial resources are limited. However, I assure the Deputy that I am personally committed to the area and I will seek to see whether resources can be made available, perhaps in the first instance to accommodate children with special needs and give them some extra time. I accept that the ideal would be to have a second year and I will progress work on that, but we are operating within tight financial constraints, as the Deputy knows.
56 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which she has entered into dialogue with youth organisations with a view to identifying the extent to which provision can be made for a properly integrated youth service throughout the country which can in particular put in place positive options by way of youth services in such a way as to compete with negative influence leading to lack of self-esteem or even crime; if any studies have been done to ascertain the degree to which the provision of sophisticated and adequate youth services can result in a positive economic and social benefit; and if she will make a statement on the matter. [26015/11]
My Department is involved in ongoing and productive dialogue with the youth sector through the National Youth Work Advisory Committee, NYWAC. This committee comprises a chairperson and 32 members drawn equally from the voluntary and statutory sectors involved in the administration and provision of youth work programmes and services. Thirteen nominees from the National Youth Council of Ireland, NYCI, and four from the Irish Vocational Education Association, IVEA, are represented on the committee.
The committee's main role is to advise me on matters relating to the development and coordination of youth work policies, programmes and services. The committee meets on average every two months and provides a forum through which specific issues can be addressed and progressed. I met recently with this advisory committee and with representatives of a wide range of youth organisations, including Foróige, Youth Work Ireland, Irish Girl Guides, Catholic Youth Care and Ferns Diocesan Youth Service.
One of my key aims for youth policy development will be to ensure optimum use of all the financial and human resources available. It is striking how many people work as volunteers in the youthwork sector; there are around 9,000 professionals and 60,000 volunteers. The development of my Department's policy on young people will focus specifically on ensuring greater coherence, co-ordination and impact in youth policy and provision to ensure quality outcomes for all.
The Department is in the process of commissioning a review of international best practice in the area of youth development and youth support. The findings from this work will inform my Department's policy objectives and future funding provision with the aim of ensuring that young people engaging in youth services derive maximum benefit.
I thank the Minister for her comprehensive reply. Does she agree that in these straitened times, it is particularly important to focus on the support services for young people? Does she also agree that it is a good time, financial difficulties notwithstanding, to ensure the advisory bodies and youth support services she communicates with regularly are updated to enable the Minister and the Government to make value judgments on the issues facing young people? This is not an attempt to pretend these are the first youths to appear on the face of the earth but an effort to respond to the challenges that are emerging, particularly the negative challenges.
I take the Deputy's point. We are all aware of the threats posed to young people by alcohol, drugs and unhealthy lifestyles. We must get to grips with the challenges posed by consumerism, the media and new technologies. There is a number of things I am doing on the development of youth work and I am going to ensure we have a national youth development policy because we have no comprehensive youthwork policy in place at the moment. I am also looking at the 2001 youthwork legislation. Deputies familiar with this area are aware that many of the provisions of that legislation have not yet been implemented. Youthwork funding streams have not changed since the 1980s and we must examine the most effective use of the funding being given to youth bodies. In many areas there is duplication and there is clearly work to be done to streamline the money and projects being done with young people. It is now more important than ever that organisations are not duplicating work, with multiple funding going to similar projects. This area needs to be rationalised and we must examine those funding streams.
I welcome the Minister's remarks about reviewing the youthwork sector and updating the youthwork legislation. Will the Minister join me in calling on local authorities, State agencies and other bodies to make available properties and facilities for youth clubs, youth organisations and sporting organisations? Facilities are a huge issue.
I support the thrust of Deputy Durkan's question and underline the import of his proposal. We must engage and have more dialogue with those at the coalface of support provision for young people, particularly those at risk. It must be done on the basis of recognising that a little can go very far. It was well exemplified last evening on the programme "Secret Millionaire" on the visit to Muirhevnamore in Dundalk, my neighbouring constituency. That is an example of how small sums of money can make a tremendous difference and at the end of the day, save the Exchequer vast sums of money by avoiding anti-social behaviour and the prospect of a lifetime of crime and imprisonment for many young people that we wish to avoid.
I ask the Minister to review the frequency of the meetings with the youth advisory groups on a bi-monthly basis. It might be better to increase the number of those meetings in the present climate.
I can only agree with Deputy Stanton, it is a point well made. Access to facilities and resources is a huge issue. We have seen buildings that could be used by local youth clubs and organisations that are empty in the evenings, the very time when they could be available to such organisations. I will pursue that with the Minister for the Environment, Community and Local Government to see if we could make progress on the issue.
I will take Deputy Durkan's point on further contact with the youth organisations but I assure him there is ongoing contact with all of the organisations. There is a budget for the youth sector in 2011 of €60 million and we must ensure it is spent effectively to give us the best youth services we can get at this time. I agree with the point made by Deputies that this is a particularly stressful time for many young people and youth organisations have an important role to play in getting services to these young people.
