Vol. 968 No. 3
22. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs her views on the recent child sex abuse case at a foster home in County Galway; her further views on whether this case warrants systemic change in child protection services; and if she will make a statement on the matter. [19097/18]
Last week, when the Minister was away, I raised a Topical Issue matter. Normally I am not very successful in getting one selected for discussion, but on that occasion I managed to do so. I am asking the same question again today. It is to ask the Minister to provide her views on the recent child sex abuse case at a foster care home in County Galway; whether she believe the case warrants systematic change in Ireland's child protection services; and if she will make a statement on the matter.
I am deeply sorry that the young lives of the three women who were in the foster home in Galway were blighted by abuse. Their devastating experiences while in a foster home in the care of the State are heart breaking. The immense bravery and determination shown by the three young women in this harrowing case is truly incredible. I am sure their strength has been greatly tested in sharing their story and for this, like many others, I thank them. The Deputy has asked if the case warrants systemic change in child protection services. It may do.
The national review panel commenced a review in 2016. The trial has ended and sentencing has taken place; therefore, it is expected to complete its work before the end of the summer. However, this is dependent on the length of time due process takes, as those affected will see the relevant portion of the report before it is finalised. It will examine the facts of the professional decision-making in this specific case. It will focus on the children who remained in the foster home after 2007, when the first disclosures were made.
I believe we should allow the national review panel, chaired by Dr. Helen Buckley, a child protection specialist, to conclude its work. The other members of the panel are Dr. Imelda Ryan, a retired child psychiatrist and specialist in child sexual abuse, and Dr. Ann McWilliams, a retired lecturer in child protection and foster care in the Dublin Institute of Technology and a specialist in foster care. I hope and expect that the review will provide answers. We should wait until we receive it and then assess if a deeper, more forensic examination is needed. I commit to coming back to the House to engage with Deputies when the report is submitted.
Improvements in the oversight of child protection have taken place. The Government, this House and previous Governments have made inroads. This needs to continue. The full commencement of the Children First Act, including the introduction of mandatory reporting, is evidence of this, but we still have a lot of work to do.
I thank the Minister for her response. I do not know if she got to see the programme that aired on RTÉ. To be honest, it was hard to watch. As spokesperson on children, I found it incredibly difficult to watch. The Oireachtas Joint Committee on Children and Youth Affairs has done much work on children in foster care and care leavers. We have had it as a central part of our topics for the past two years since the Minister took office. Two things stood out for me. The night the programme aired was the night an apology was issued.
I happened to be at a particular public meeting on the Thursday night after my Topical Issue matter and it came up in conversation. What I did not realise is that the apology never went to the girls. I am not talking out of turn in saying as much this evening. It went out on RTÉ but the girls themselves never received the apology and I cannot understand it. The minimum to which these girls are entitled is an apology to their faces as opposed to one aired on RTÉ. What does the Minister think about that? What does the Minister think about an apology to the girls who were left there, especially since it was only when the story hit the media that the HSE and Tusla decided to render an apology, as opposed to apologising directly to the victims themselves?
I thank the Deputy for those questions. Deputy Rabbitte asked me whether I saw the programme. Yes, I did. Even though I was away I saw the programme. It was very difficult to watch and I have acknowledged the bravery of the young women in coming forward.
Deputy Rabbitte's second question was whether they should have received an apology directly from the HSE. I think so.
I thank the Minister.
That was the question.
23. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs to outline the progress made by Tusla in allocating social workers to the 4,892 cases as of December 2017 in which no social worker had been allocated; if she is satisfied with the progress being made in hiring additional social workers; and if she will make a statement on the matter. [19019/18]
Will the Minister for Children and Youth Affairs outline the progress being made by Tusla in allocating social workers to 4,892 cases where a social worker has not been allocated? Is she satisfied with the progress being made in hiring additional staff? Will the Minister make a statement on the matter?
I thank the Deputy for her important questions. I will address the issue of unallocated cases first. Then I will deal with the recruitment of social workers.
In February Tusla had 4,756 cases waiting for the allocation of a social worker. This has fallen from the 4,892 cases in December 2017, as referred to by the Deputy. This is consistent with the general downward trend in unallocated cases and represents a marked improvement on the 10,000 cases that were unallocated when Tusla was established in 2014. We have more work to do in this regard. I assure the Deputy that reducing the number of unallocated cases is a key priority for me and for Tusla. I support Tusla's efforts in this regard but I am not satisfied with the progress.
Tusla provides monthly performance and activity figures to my Department, including the numbers of new referrals and cases allocated and unallocated. There is an increasing number of referrals being made to child welfare and protection services year on year, so the decrease in unallocated cases has to be measured against this increasing demand for Tusla services. I have been assured that all urgent and emergency cases notified to Tusla are dealt with immediately.
We know the solution to this problem. Addressing the shortage of social workers will reduce the number of unallocated cases. Tusla is in its third year of a three-year plan to recruit social workers. The additional €40 million that I secured for Tusla in 2018 will help to support that plan. Despite Tusla's vigorous recruitment efforts, however, the rate of progress in increasing the overall number of social workers is disappointing.
I can inform the Deputy that of the 266 posts recently filled by Tusla, 157 are social work positions. Tusla expects these candidates to start work in the second quarter of this year. It must be understood, however, that the majority of these new staff will be replacing staff who have been promoted, retired or who have left the service. This indicates some of the challenges facing Tusla.
I thank the Minister for her response, but I imagine she would agree with me that the fact almost 4,700 children are waiting on the allocation of a social worker is unacceptable.
I recognise that the Minister secured extra funding in the budget to deal with staff shortages but I do not believe funding is the issue. We had an €11 million underspend in Tusla when it came to staff and costs. This is purely down to the fact that Tusla cannot hire or retain these important staff. Will the Minister outline what sort of discussions she has had with Tusla on this issue and whether a new approach is needed by Tusla to retain and hire additional social workers?
I agree with Deputy Mitchell in respect of the question she has posed. I posed the same question to my officials in preparing the answer to the question of whether anything more can be done. I would take issue with one point. Tusla has engaged in a substantial recruitment and retention programme. In that context, although we are losing some we are gaining others. Our retention rate is higher than in other countries. I take issue with what the Deputy said in that regard.
The Deputy asked whether anything else is going on and this is the case. We are in discussions with Tusla on the development of a strategy for a workforce plan. We believe several issues need to be identified to assist in the further recruitment and retention processes. I expect to receive a fuller version of that plan within the coming months.
I acknowledge the steps being taken to deal with this issue but I find it alarming that we had 346 children deemed high priority who have been waiting more than three months. Worse again, Tusla could not tell us how long 87 children were waiting for social workers.
I am not coming here to bash Tusla. I am well aware of the vast workload faced by its staff but I seriously believe something needs to be done to retain the staff. Is it the case that we have to look at the pay and conditions of these social workers? Why does the Minister think no one is applying for these jobs? Why is Tusla not recruiting more staff? Why is this recruitment programme not working?
I believe it is working up to a certain point. Clearly, we are not receiving the number of social workers that we require. I have tried to indicate that the number leaving represents a retention issue. We are doing pretty well in that regard by comparison with other jurisdictions but we need to recruit more. Tusla is engaged on the matter.
With my encouragement and the support of my officials, Tusla is also engaged in the development of a new strategic plan not only to take a look at how many social workers are needed but how to add an appropriate mix of social care workers and administrative workers as well. The idea is to take some of the work social workers are doing that may not need the experience of a social worker and reassign it to ensure they have more time to do what they need to do.
Deputy Mitchell raised a second set of questions. I am assured that even though there may be cases involving a child or family which are unallocated, this does not mean a social worker or social work team is not responsible for ensuring they are checked in on until an allocated social worker is assigned specifically to the family in question. On the question of whether any of those children are not at risk, I am absolutely assured.
24. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs to outline the status of the Commission of Investigation into Mother and Baby Homes; if she is satisfied with its progress; and if she will make a statement on the matter. [19098/18]
Will the Minister outline the status of the Commission of Investigation into Mother and Baby Homes? Is she satisfied with its progress? Will the Minister make a statement on the matter?
I thank the Deputy for her question. I know she is interested in and supportive of the work of the Commission of Investigation into Mother and Baby Homes.
I am keen to provide a status update on the commission. It is important to reiterate that the commission is an independent statutory investigation. It was established by the Oireachtas in 2015 to examine the experiences of vulnerable women and children in mother and baby homes during the period 1922 to 1998. It is due to report in February next year. This work is a vital step on the path we have commenced down to establish the facts and what happened in and around these homes as well as to give true meaning to the values that define us as a people and a country.
The commission continues to make progress under the leadership of Judge Yvonne Murphy, Dr. William Duncan and Professor Mary Daly.
It has prepared three interim reports to date, in July 2016, September 2016 and September 2018, and I have published all three reports.
As we know, the commission also confirmed the tragic discovery of juvenile remains interred on the site of the former home in Tuam. I am continuing to work with Galway County Council and relevant Departments to ensure appropriate decisions are taken regarding the future of the site.
I know all Members are agreed on our collective desire to respect the dignity and memory of the children who lost their lives. The experts have advised us on what is possible. A public consultation on these options has recently concluded and I expect to bring proposals to Government in the near future.
The commission is now more than three years into its programme of work. At its request, I extended its timeline for reporting to February 2019. I appreciate that many former residents were frustrated by the necessity for the 12-month extension of time even though they recognise the complexity and breadth of the task.
There are simply no shortcuts to truth and accountability. I am satisfied the commission will effectively use the additional time to listen to the personal experiences of many more former residents and ensure crucial questions can be fully addressed.
We as a party were very supportive when the Minister set up the independent commission of investigation and when she sought the various time extensions for it to report. As she said, one of its findings was the site in Tuam and the number of remains found there. It is a very complex issue. It is important also that the Minister acknowledged that the persons who were part of the mother and baby homes are very frustrated at this stage. They are looking for answers and for direction. What are the Minister's intentions regarding the treatment of the remains found at Tuam, or has she got any indications from the independent expert review group as to what their findings are or what are they indicating to her? The commission is three years into its programme of work and the people who were part of the mother and baby homes in Tuam are looking for some hope and assurance that the issue is being addressed. While they believe they have the Minister's ear, and I have said that at all times, they want to hear what is coming back from the experts.
There are two ways to respond to that. More generally, in terms of the mother and baby homes and the time that work is taking, I have described - as I am aware the Deputy has also - great empathy for the waiting that the people are experiencing. In that context. I believe the Deputy is aware that I have taken a number of other actions to engage with the primary stakeholders and particularly, most recently, moving towards the establishment of a collaborative forum of 20 representatives, stakeholders, who will come together and take a look at key issues that they are concerned about and make recommendations to me while we await the report of the commission of investigation into mother and baby homes due in February of next year.
Second, regarding Tuam, as the Deputy will be aware, the consultation process has concluded. The results of that are being discussed by an interdepartmental working group this week. In addition to that, the special rapporteur, Dr. Geoffrey Shannon, provided me recently with a report on the human rights implications in terms of the issues particularly for families regarding what happened in Tuam. I believe the Deputy and other Members are aware - it was in the public domain - of a questioning of some of the conclusions of the expert group that I put together in order to offer options to the people to consider in their consultation in terms of technologies that can be used for determining DNA identification. I then asked my expert group to take a look at the submission presented to Galway County Council in terms of the consultation process by other experts in the field and they have come back to me recently with their views on that matter as well. A number of items are coming into me and I hope, as quickly as I can, to go to Government with recommendations on the basis of that work. As I said, an interdepartmental working group is meeting this week in order to examine those issues.
I thank the Minister for her answer. She has outlined the complexity of what is involved and the various groupings with which she has to liaise. I and the people involved are very interested in the human rights aspect of this and the scope of the work that the special rapporteur on child protection has done on that. They would also be very interested to hear exactly how the engagement with Galway County Council is progressing. I have discussed with the Minister in the past that those involved believed there were various roadblocks along the way. They would be interested to hear about the human rights aspect of this and how the role of the coroner and that of Galway County Council in this work is progressing. Those are the obstacles that they as a grouping have found difficult. They look to the Minister to relay what are her findings. It would be helpful if she could indicate a timeframe for this. Does she plan to have this at Cabinet before we break at the end of the summer session?
Regarding the Deputy's last question, that is absolutely and certainly my intention and I am pushing matters as quickly as I can.
With respect to the work of Galway County Council and the consultation it conducted using a variety of methodologies, I am aware there were criticisms about that as well, but it utilised a number of methodologies in order to get back from the people, as best it could, what different stakeholders felt regarding the options presented by the expert group. That report has only come to me recently and as I indicated that has gone to my interdepartmental working group. They are meeting this week on that.
The Deputy asked questions regarding the report that Dr. Shannon has submitted to us. It was mentioned in the expert working group's report that they said they could not cover some of the human rights implications regarding the right to a proper burial, the right of families to have the identity of the remains and all those different issues that Dr. Shannon has considered in a very technical manner in terms of international law or EU law etc. and we are considering that now. With all those different items coming in, including the final report from Galway County Council, I am trying to push and move this as quickly as possible. I am aware of the concerns with respect to the stakeholders getting that as soon as possible.
25. Deputy Sean Sherlock asked the Minister for Children and Youth Affairs the discussions she has had with an organisation (details supplied); if she has received the Elliott Report; and her plans to ensure good governance and probity within the organisation. [19113/18]
I want to ask the Minister what was the nature of her discussions with Scouting Ireland last week. We in this House demand transparency. I believe the Minister to be transparent in her dealings with all matters under the remit of her Department. For our own part, we have yet to ascertain what is in the details of the Elliott report. I am very anxious to hear from Mr. Ian Elliott as somebody who everybody across the divide would respect in terms of previous work he has done. I want to hear the Minister's perspective on the nature and content of the meeting that took place last week.
When I became aware of governance issues within Scouting Ireland I decided to withhold the drawdown of further funding to the organisation under the youth service grant scheme.
I wrote to the organisation on 13 April advising it of this decision and outlining my concerns. I also sought an urgent meeting to discuss governance issues within the organisation so as to give Scouting Ireland the opportunity to satisfy me that the organisation's governance standards are up to the required level.
I subsequently had a useful meeting with Scouting Ireland on 19 April and I was briefed on the organisation's plan to reform the governance of the organisation and put new structures in place. Scouting Ireland also confirmed its commitment to implement Mr. Ian Elliott's recommendations in relation to safeguarding - his first report - and that it would also carry out a full review of historic cases.
The Garda vetting of the individual referred to in media reports is in progress. The leadership of Scouting Ireland informed me that the organisation was involved in a governance process and reforms in the way it does its work, in particular at board level. These changes will be discussed at a special board meeting of the membership in June and in October.
Scouting Ireland commissioned Mr. Ian Elliott to carry out a review into the organisation's handling of this allegation of the serious sexual assault on an adult volunteer by another adult volunteer. While this alleged assault took place in 2009, as the Deputy will be aware, it was only reported within the organisation in 2016.
Mr. Elliott's report into this case resulted in the engagement by Scouting Ireland of a barrister to conduct a full investigation into this allegation, particularly with regard to the handling of the matter by certain senior volunteers. I have not yet received Mr. Elliott's report on this case but will receive it, together with the report of the barrister's investigation, once completed.
Scouting Ireland is part funded by my Department. It has received funding of €438,168 so far from my Department in 2018 and it is funded up until the end of June. There are a number of steps to be taken before I can be assured that Scouting Ireland has the proper governance arrangements in place which would allow me to consider the restoration of funding.
Do I take it then that the Minister has full confidence in the process that is under way within Scouting Ireland in regard to its governance and historical cases? Furthermore, will the Minister confirm, as per her assertion when myself and Deputy Rabbitte raised this in the House the week before last, that there are no further cases being dealt with in a historical context? My understanding is that the Minister informed this House that she had received calls to her office about the potential for further cases. Is that still the case? Is there only one sample case at play here or are there other complaints?
Is the Minister willing to again acknowledge the vital role thousands of volunteers play throughout the island of Ireland in everyday scouting activities, that they are utterly sacrosanct in terms of maintaining child protection policies and procedures and that there is no blemish whatsoever on ordinary members of the scouts throughout this island and that it is important that we reiterate that in this House?
Let me start with the Deputy's last question because I appreciate where it is coming from. I am committed to and appreciate the work of the thousands of volunteers in Scouting Ireland. There is no question about that. Every action that I have taken in regard to this issue is because of my deep respect for them and my desire to ensure that they can continue to have an organisation that they are proud of and that can work in the best possible manner in terms of that ethos of volunteerism. I deeply appreciate the work that all of them are doing.
In regard to the Deputy's first question about whether I am assured by the processes in which Scouting Ireland is engaged to reform its governance matters, we had a meeting at which we had a lengthy conversation. I had numerous questions which were able to be answered at that time but much work needs to be done and action taken.
In that regard, I would also like to inform the House that I have asked Jillian van Turnhout, as an independent expert, to examine the situation over the coming weeks. In accordance with her terms of reference, she is being asked to provide me with a clear assessment of the adequacy of Scouting Ireland's governance arrangements and to advise me on whether I can be assured about Scouting Ireland's governance and related matters. As that comes in, I have also engaged another expert to work with me to ensure that what changes happen are in the best interests of reforming Scouting Ireland, particularly in regard to its governance.
The Minister will forgive me but I must have missed something in the dispatches. It is news to me that Jillian van Turnhout was appointed by the Minister. I must have missed the press release on that one. As a former Senator, I think we all have confidence in the fact that she has been appointed to that role. Does the Minister envisage that the Elliot report will be published? When will the Minister restore funding? It is vital, notwithstanding the process that is under way, to restore funding and have a direction of travel to restore that funding. It is an entity that represents thousands of volunteers.
I am still unclear in my own mind - that is why I cannot wait to have an interrogation of Scouting Ireland's internal procedures - as to how the funding flows down into individual troops. There seems to be a disparity between what happens at the head of the organisation and at the bottom of the organisation. There seems to be a gap between ordinary members and those within the upper echelons of the organisation. I welcome the appointment of Jillian van Turnhout but merely want to ask the Minister that question.
The Deputy did not miss any press release. I am informing the House this afternoon of that appointment, which, in the development of the terms of reference, only happened in the past couple of days. This is an appropriate place to do so.
It was tacked on.
Sorry?
With all due respect, the Minister tacked it on in the second or third reply to a question.
I have a certain amount of time to answer the Deputy's questions.
It is actually in the answer.
Fair enough.
Okay. That is what I am doing. I am not tacking anything on.
In regard to the Deputy's question on Mr. Elliott's report, as I stated, I have not even seen it yet. I am also expecting the other report. I expect it would be useful to it into the public domain. Usually one has to get some kind of legal view on the publishing of such reports and we will have to go through that process.
In regard to the Deputy's funding question, as he will be aware, I have funded it until the end of June. Scouting Ireland has informed me that it has reserves, and I will leave it at that. I have funded it until the end of June. At the point when I have acceptable assurances on its governance, I will restore its funding.
26. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs her views on whether children seeking asylum here are treated equally and fairly by welfare and protection services, particularly with regard to the allocation of social workers and aftercare provision; and if she is satisfied with existing arrangements. [19114/18]
I refer to the 1,200 children who are currently living in direct provision, some of whom are in my constituency in the Eyre Powell in Newbridge. Deputy Rabbitte met a group from Mosney at the recent Foróige awards and was most impressed with them. Does the Minister believe that children seeking asylum in Ireland are treated equally and fairly by Ireland's child welfare and protection services, particularly in the allocation of social workers and aftercare provision, and is she satisfied with existing arrangements?
It is vital that we treat all children who are received into State care equally. There should be no differentiation in standards of care, priorities for care, other standards or protocols.
I am satisfied that the care provided to separated children seeking asylum is of a high standard, and that they receive an equal standard of care. Children seeking asylum who are in the custody of their parents remain in their care. Families living in direct provision centres have access to all Tusla services and are supported by a senior Tusla social worker, who works closely with the Reception and Integration Agency and staff in direct provision centres.
Children who present as unaccompanied minors may reunite with family members on arrival, or are taken into the care of Tusla. All separated children in care have a social worker with access to translation services where necessary. They live in residential or foster care, have educational assessments on arrival, and supports. Many of them, on reaching 18, stay in Tusla-provided accommodation to assist them in remaining in education. Tusla provides dedicated aftercare supports to this group of young adults.
Ireland's treatment of separated children seeking asylum is well-regarded internationally. Tusla has had a dedicated separated children seeking asylum team for many years now and it has gained the knowledge, skills and experience to provide a good quality service to separated children.
We have a good record in assisting unaccompanied children who arrive in Ireland. We played our part in helping children from the unofficial camp at Calais, and Tusla has offered to do more in regard to Italy and Greece.
We remain in contact with the Irish refugee protection programme, and we will continue to support vulnerable children under this programme.
The Minister says there should be no differentiation between the children who come to our shores under the direct provision model and our own children. I could not agree with her more but unfortunately it would seem there is a differentiation. The Minister also said that Ireland is regarded very highly for the way it supports these children yet in September 2006, in its review of Ireland's implementation of the provisions of the UN Convention on the Rights of the Child, the relevant UN committee specifically raised with the Irish delegation the question of discriminatory treatment for children of asylum seekers. The former Ombudsman for Children, Emily Logan, frequently drew attention to the particular difficulties faced by the children of asylum seekers in Ireland. In 2008 she observed that children who seek protection in the State, especially separated children seeking asylum and child victims of trafficking, are among the most vulnerable in our society and face multiple barriers to the realisation of their rights. Until recently the Ombudsman for Children excluded children living in direct provision from making complaints. It is welcome that it has changed recently but many residents still fear making a complaint because of their very precarious status.
With regard to the Deputy's question, the children who are in direct provision with their families are in the care of their families. Even though they are in the care of their families, there are a number of services available to them through Tusla. We have a dedicated Tusla person who regularly works with all direct provision centres throughout the country to ensure they have access to services as do children who are in the care of their families. The Deputy's question was about those children being treated equally and fairly compared with children who are separated and who are not in the care of their families. It is very important to Tusla. A number of practices have been developed with my support to ensure they have as good a service as they require given they are separated from their families and that they receive an equal standard of care in that regard.
Many social workers have raised concerns about the lack of inter-agency co-operation between the Department of Justice and Equality and the Department of Children and Youth Affairs. This has a negative impact on their ability to serve children seeking asylum. It is in direct contravention to the Children First: National Guidance for the Protection and Welfare of Children 2001, which asks all Government Departments and agencies to collaborate in the protection of children. For example, Tusla social care workers highlighted that many children seeking asylum are deported with very little warning. There is no engagement with the social care worker. It is wrong and very worrying. The open nature of direct provision means sometimes children can be exposed to unsuitable persons and behaviours. We all accept that direct provision can be an inherently stressful experience causing additional mental health and educational issues. The opportunity for children to go on to further education is hugely important. Unaccompanied minors who are placed in foster care are discharged from State care at 18 years old and, essentially, must enter direct provision or be entirely cut off from State support. While the Department maintains that these minors have the same right to an aftercare plan as any other child in foster care, that is far from the reality. Will the Minister consider those issues? Are there any steps she will take to alleviate those challenges?
Tusla provides dedicated aftercare supports to the group of young adults who reach 18, after they are 18. It uses its resources to do that. On the question on children in direct provision who are in the care of their families, some of the questions relate to direct provision, which is under the remit of another Ministry. Perhaps some of the Deputy's questions are appropriate in that regard. In the context of my responsibilities, I work very closely with the Minister for Justice and Equality to ensure our officials, including the Tusla officials in my Department, come together with the gardaí in a number of working groups, including the strategic liaison committee and other working groups, to look at ways of ensuring the protocols and the ways of working together to support children in care are of the highest possible standard. We also acknowledge that reforms are needed. They have identified actions and they are being implemented on a number of levels. They are being implemented at a higher level with the Garda and my officials in Tusla in addition to the work that is going on on the ground. I am happy to say I have visited a number of direct provision centres around the country with an eye on ensuring the children who are there in the care of their families have access to the Tusla services I have indicated.
