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Wednesday, 26 Sep 2012

Other Questions

UN Conventions

Questions (6, 8)

Aodhán Ó Ríordáin

Question:

6. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs if the State has signed the Optional Protocol to the UN Convention on the Rights of the Child on the Communications Procedure; and if so, when same will be ratified; and if she will make a statement on the matter. [40492/12]

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Aodhán Ó Ríordáin

Question:

8. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs if the State has signed the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; and if so, when same will be ratified; and if she will make a statement on the matter. [40493/12]

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Oral answers (5 contributions)

I propose to take Questions Nos. 6 and 8 together.

When the third optional protocol to the convention was opened for signature by member states in February 2012, I announced that it was my intention to sign the protocol on behalf of Ireland as soon as possible. My Department is currently finalising the State’s combined third and fourth reports to the UN Committee on the Rights of the Child, and a full update on the position in regard to the signature of the protocol will be given in that report. This is the first report to be submitted to the UN Committee on the Rights of the Child in over five years.

Due to the wide-ranging nature of the convention it has been necessary to consult with all Departments in regard to both the preparation of the new report as well as the new optional protocol. This is to enable full consideration to be given to the implications of signature. Once the report is finalised and submitted to the UN committee it would be my intention to sign the third optional protocol in due course on behalf of Ireland. Ratification would generally take place some time after that, once the State is satisfied that the necessary legislative and administrative procedures are in place to enable full compliance. This matter will be assessed by the legal unit of my Department in due course.

Ireland has signed but not yet ratified the second optional protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and it is my stated intention to progress to ratification in due course, once I am satisfied that the State will be able to meet all its obligations therein. I recently discussed the issue of ratification of this protocol in a meeting with the UN special representative on violence against children, which took place in my Department on 11 June last, during the special representative's official visit to Ireland. We agreed that the matter would be prioritised in due course following completion of my Department's current work on the upcoming children's referendum, the submission of the State's next report to the UN Committee on the Rights of the Child and the setting up of the new child and family support agency.

Many of the criminal law provisions of the optional protocol to the convention have already been implemented in existing domestic legislation. Legislative proposals that the Minister for Justice and Equality intends to bring to Government in the coming months will, I understand, facilitate compliance with the criminal law requirements of the optional protocol and other international related legal instruments. It is also proposed to put in place the necessary administrative procedures and arrangements to allow for accession and, subject to the advice of the Attorney General’s office, it is proposed to ratify the optional protocol and related international legal instruments as soon as is practicable. It would be my intention in due course to bring a joint memorandum to Government, with the Minister for Justice and Equality, to enable Ireland to ratify the second optional protocol, which has been signed by Ireland.

I thank the Minister for her comprehensive reply and I appreciate that much work has been done on these matters. In explanation, the communications protocol gives an assurance policy, so to speak, for children. In the short space of time the Minister has been in office, she and her Department have been doing a great deal to wipe away the history we have had of neglect of children. However, there may come a time in the future history of our State where we will once again neglect children and their rights. This protocol gives an international insurance policy for children and their advocates to appeal to the United Nations and have those rights vindicated.

We have not yet signed it. The Minister has stated clearly to the House that she intends to sign it, which is to be welcomed, but the question is on the time line. I understand she is in a particularly busy period and the amount of legislation she is dealing with is impressive. The children's rights referendum is coming up. Hers is a particularly busy Department and it is also a fairly new one, but the signing of the protocol would mean a great deal in that we would be meeting not just our domestic obligations to children but our obligations on the international stage also. We now have a chance, given the way children have been treated in the past, to be a shining light internationally. The signing of the protocol as soon as we possibly can would ensure this. Can the Minister give a specific time line in that regard and also for ratification of the second one about which I have asked?

I thank the Deputy for the question. It is on our agenda. We intend to ratify the second protocol as quickly as we can and move to the third one. I would think we will be in a position to do this in the coming months. On the second protocol, I am waiting for some legislation on which the Department of Justice and Equality is working. I will bring a memorandum to the Government on it with the Minister for Justice and Equality. Further legislation is being prepared by the Department of Justice and Equality to strengthen the protection of children from sexual exploitation and sexual abuse and facilitate full compliance with the relevant international legal instruments. Once that is done, it should clear the way for ratification of the second protocol. As regards the third one, I will be working on the report on the rights of the child shortly. An amount of work is being done on it in my Department and I am aware it requires that we liaise with other Departments to get their responses to what is included in the protocol.

In support of Deputy Aodhán Ó Ríordáin's points and welcoming the Minister's response, given the proposed constitutional change in regard to children's rights and the focus on the right of the child to be heard, would this not be an opportune time to sign the first protocol referred to concerning the communications procedure? I strongly believe it is.

Regarding the second protocol referred to on the sale of children, child prostitution and pornography, the Minister for Justice and Equality, Deputy Alan Shatter, indicated here in July that he expected to bring legislative proposals to the Government in the coming months. Has the Minister had an opportunity to engage with the Minister for Justice and Equality on this matter in the intervening period? Does she know when we can expect the legislative proposals to be presented to the Government and, subsequently, the Houses of the Oireachtas?

The legislation is being actively worked on by the Department of Justice and Equality. I have had a discussion with the Minister about the protocol and it is something I would be very keen to do. It complements the work we are doing at a constitutional level, yet it is a practical measure that we need to sign. We await the legislation the Minister will bring forward. I do not have a precise timeframe, but I can correspond with the Deputy on the matter. I do know, however, that it is a high priority for the Minister.

Child and Family Support Agency Establishment

Questions (7)

Charlie McConalogue

Question:

7. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she remains committed to establishing the new Child and Family Support Agency by early 2013 as stated at the Committee on Health and Children in July 2012; and if she will make a statement on the matter. [40681/12]

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Oral answers (6 contributions)

This is a similar question to the one Deputy Robert Troy asked earlier on the establishment of the child and family support agency. I did not get to make a number of points in reply on the back-drop to the establishment of the agency and the other issues we need to pursue as we establish it. One I have mentioned is the consistency of the child protection services in that the assessments and responses families receive will be similar throughout the country. Another back-drop includes the legislation to place Children First on a statutory basis, the provision of a dedicated budget for the child and family support agency and the transition of the child protection and welfare services to the new agency. The Family Support Agency will merge with the new agency and its budget of €26 million will form part of the budget of the child and family support agency.

I thought the questions might have been taken together, but it is important that we have an opportunity to respond. The Minister stated in her earlier reply that the core services would be transferred by January 2013. In correspondence to me she might indicate the core services that are to be transferred and indicate a timeframe for the transfer of the remaining services. It is welcome that the governance structure has not been fully agreed to by the Government and that we will have an opportunity to debate it as the legislation proceeds through the House.

The Minister has said she hopes the agency will start with a strong budget. I hope, given that it will be a new agency, that it will not start with a deficit. This is a new agency which will do good work and there should not be an overhang in its budget, as it did not have an opportunity to exert influence heretofore.

The task force recommended that the new agency have a board structure, although it made a number of recommendations regarding the powers of the Minister and a strengthened role for the Department in undertaking policy development and performance oversight vis-à-vis the new agency. We will have an opportunity to discuss that issue when I bring the legislation to the House.

The core services consist of the child and family support services in the Health Service Executive, and the work done by the Family Support Agency and the education and welfare services. On the areas that must have a strong relationship with the child and family support agency - some of them should be directly under it - I am not sure what the transition point might be for them, but going on the very good work done by the task force we should examine, for example, some public health nursing services that could come directly under the new agency, although not all of them. I envisage public health nurses remaining where they are at present, but I would like to see strong interaction because many of them have direct contact with families. Speech and language therapy services, child and adolescent mental health services, Garda youth diversion projects and the psychology services were examined in the task force report. As I stated in reply to Deputy Murphy, we need to examine the organisation of some of these services and how they can best deliver to the families who need them.

I do not have to ask if the Minister remains committed to establishing the child and family support agency. I have every confidence that this is a priority for her, but when does she expect to be in a position to announce an exact date for the commencement of the agency's functions? In terms of core responsibilities, is it the case that she expects various other roles and responsibilities to be accredited to the agency over a period of time? Over what period does she expect these roles and responsibilities to be transferred?

This is very important work the Minister is doing and it is important that there be a seamless transfer and that all the dots are joined because this is a unique opportunity for the State, after years of failure, to make sure responsibility and good corporate governance are at the core of what we are doing, particularly for the person who is most vulnerable or at risk. I am confident, having spoken to people on the ground, that this will be the case. In my area there has been a transfer from the HSE. I also see, however, that in Bishopstown an issue has arisen. It is important, therefore, that we have a seamless transfer and that there are clear lines of demarcation and responsibility. This is a great opportunity, about which we should not be negative; rather we should be positive about it.

The date of transfer of services is 1 January 2013. We will have work to do in the Dáil in advance of that date, but we have said all along that the agency will begin as a separate entity from 1 January 2013. It should progress, depending on the introduction of legislation in the House and the making of decisions on the governance structure and its development.

It is clear that the core services to which I referred earlier when replying to Deputy Troy will be transferred to the new agency in the first instance. I will be bringing a memo to Government in respect of this matter shortly in order that we might discuss the findings and recommendations contained in the report of the task force. Some of the recommendations have implications in the context of the way in which services are delivered. As a result of the fact that a number of Departments will be involved, the Government as a whole will be obliged to make a decision on this matter. There is not yet an exact timeframe with regard to the transfer of some other services. However, it is important that the services which will be available from the new agency will be those which families need and use and which are of most benefit to them. It will, of course, be a matter of developing strong links to certain services rather than moving them directly into the agency. The task force has pointed out that there are certain key services which it is not planned to bring under the remit of the new agency but which ought to be under its direct control. We will be able to discuss that matter when the legislation is introduced.

Question No. 8 answered with Question No. 6.

Child Care Services Provision

Questions (9)

Dessie Ellis

Question:

9. Deputy Dessie Ellis asked the Minister for Children and Youth Affairs if she will provide an update on the development of the Inter-Jurisdictional protocol for the transfer of child care cases between this State and the North of Ireland. [40710/12]

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Oral answers (7 contributions)

The inter-jurisdictional protocol for the transfer of child care cases between Northern Ireland and the Republic was launched on 2 February 2012. This protocol is designed to formalise cross-border information-sharing practice when agencies learn that families of children at risk are moving, or have moved, across the Border, thereby ensuring that children and families moving between the two jurisdictions will receive the care and protection they need in a timely and appropriate manner. The protocol represents a collaborative approach to best practice, with the aim of allowing the agencies to assess and manage risk in respect of children and families that move into their respective jurisdictions.

Information relating to children who are in care, who are on the child protection register or in respect of whom there is a level of concern and who move between Northern Ireland and the Republic will be shared between the statutory authorities in both jurisdictions. This will allow for a greater focus on those children at risk through enhanced information sharing. The latter will permit better assessments to be carried out in respect of each specific child’s needs and circumstances.

The protocol is available to download from relevant departmental websites. It represents a very positive and practical outcome from the co-operation on child protection which is overseen by the North-South Ministerial Council and which is being taken forward by my Department and officials in the Department of Health, Social Services and Public Safety in Northern Ireland. This matter has been on the agenda at quite a number of the meetings of the council at which I have been in attendance. There has been extremely good co-operation in respect of best practice with regard to information sharing in order to ensure that children at risk will be assisted in an effective manner within both jurisdictions.

Am I correct in noting that this is no longer a draft protocol but that it has been approved?

When I received the previous reply on this matter from the Minister in July, the protocol was still awaiting approval. I welcome its introduction. It is extremely important that this practical area of understanding and addressing mutual problems should be part and parcel of normal political life across the island of Ireland. The protocol is going to be of assistance in terms of building levels of ongoing co-operation between the respective authorities North and South.

How will the protocol operate in the context of the establishment of the new child and family support agency, which was the subject of the previous question, on 1 January next? The protocol is, of course, just a statement of shared intent and outlook in respect of specific issues that present. Does the potential exist to move on from the protocol and take a further step of co-operation on a new level and not only in respect of matters relating to child protection? In other words, will it be possible to foster co-operation and information sharing with regard to those who constitute a risk to children? At present, there is a significant deficiency in the context of the position relating to the Six Counties and that of this State.

This protocol is in place. It relates to thresholds for the sharing of information and taking agreed action - when such information is shared - in the context of protecting children. The relevant front-line staff are aware of its existence and when families are moving between the two jurisdictions, information sharing is actually taking place.

The Deputy's point in respect of the North-South Ministerial Conference and the potential to develop our work in this area is relevant. We are considering a number of areas in respect of which information can be exchanged. One of the new work streams relates to examining the death of children in care in both jurisdictions and discovering the lessons we might learn and share in this regard. We are also considering what constitutes best practice in the context of safeguarding children generally. The Deputy referred earlier to specialist services and we are examining ways to provide these on a cross-Border basis in order to assist in meeting the needs of children and families in circumstances where a high volume of expertise is required. That matter is being jointly examined by the authorities in the two jurisdictions.

Is Deputy Ó Caoláin happy with that?

Yes. This is a very positive development.

National Play and Recreation Policies

Questions (10)

Jerry Buttimer

Question:

10. Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs her plans for and the funding available to promote play and recreation here; and if she will make a statement on the matter. [40735/12]

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Oral answers (5 contributions)

The development of the play and recreation policy is an important objective for my Department in view of the positive social and developmental impact of play in the lives of children and young people and its significance in promoting healthy lifestyles. In that regard, research indicates that some 25% of three year olds are either obese or overweight.

National play and recreation policies are implemented by local authorities. Many of the latter have developed world-class recreational facilities and integrated play plans which benefit thousands of children. I am, from the point of view of my Department's remit, trying to encourage a joined-up approach to the development and use of the extensive range of facilities available throughout the country. In February I established the first ever national local authority play and recreation network, which brings together key personnel responsible for local authorities' play and recreation policies. It was extremely interesting to meet staff from the various local authorities and watch them sharing their experiences in the context of developing facilities for children and local communities and learning from each other. That is the benefit of the network.

To date, the network has taken initiatives to promote and expand national play day and national recreation week. Deputies will be aware that when specific activities are arranged for children and families, thousands of people attend. I witnessed thousands of families availing of facilities in Corkagh Park in my constituency when a little bit more was done to try to attract them by providing a range of activities in particular weeks. The network aims to improve co-ordination between local authorities and to provide training and share information in order to facilitate the development of staff expertise. For example, this year some 25 local authorities participated in national play day and the events surrounding it. This placed a focus on the kind of activities with which families need to be provided. Plans are in train for national recreation week 2012, which will be held at the end of October.

I thank the Minister for her reply. It is heartening that 25 local authorities have participated in the national play day initiative. I hope the Minister will make this initiative compulsory in order that all local authorities will become involved with it. The committee of which Deputy Ó Caoláin and I are members is dealing with the issue of obesity. In that context, it is imperative to highlight the fact that access to play and recreational facilities, particularly those provided by local authorities, has major benefits from the point of view of promoting healthy lifestyles and developing children's self-esteem and their sense of self-identity. It also has economic benefits which can help to reduce the State's expenditure on health and ensure that health care facilities will no longer be clogged up with unfit people.

We have taken a step in the right direction. It must be incumbent on local authorities and developers to provide play areas in new estates. There needs to be a joined up approach. This is a very important piece of work which will have long-term positive advantages for our nation.

It is worth noting that in 2004, there were 168 public playgrounds in the country and now there are 900 spread throughout the country. There is now a much greater awareness of the benefits of such facilities on the part of local authorities. As Deputy Buttimer said, there is a need for joined up thinking on this matter. There is a need to focus on this area and all Deputies can play a part in this regard by highlighting why these services and facilities are so essential for children and families. Local authorities have an important role in providing these facilities.

The establishment of the network has been important because some local authorities are doing more than others. There is certainly room for a national initiative to develop this kind of play and recreational facilities. Deputy Buttimer is a member of the Joint Committee on Health and Children and he will be aware of the research on the serious health problems of very young children. We need to ensure a variety of interventions are in place to interrupt that trend. If not, there will be significant implications for the national health policy and for the children themselves.

I acknowledge the work. However, will the Minister agree that we made a significant error during the boom times in failing to make it mandatory for local authorities and developers, when creating vast estates in urban Ireland, to include playgrounds and recreational facilities as part of any development? We allowed developers to run amok in parts of Cork city and Dublin city. They did not acknowledge the need for facilities to allow for recreation and leisure and to promote the health and well-being of the residents. Even at this time of economic recession when developers are not as plentiful as they were, I hope the Minister and her colleagues in government will learn from the mistakes of the past and make plans to provide a healthy lifestyle for all our citizens.

I refer to Senator Eamonn Coghlan's points for life initiative. This is a pilot project for assessing and improving physical fitness among Irish primary school students and also the Department of Education and Skills' active school flag programme, which is the promotion of physical fitness in Irish primary and secondary schools. I have seen in schools in my local area the value of that programme. Schools win flags for environmental initiatives but this is an initiative to encourage greater physical activity among schoolchildren. The active school flag campaign is a positive initiative on the part of the Department of Education and Skills. More schools throughout the country are becoming involved in the programme. I also refer to Súgradh Ireland which is a registered charitable organisation. Research shows that Irish families are becoming involved in sporting activities because they realise the importance of such activities for the health of their children.

Written Answers follow Adjournment.
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