Written Answers Nos. 227-235
227. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if there is a North South Co-operation unit in her Department; the number of staff working in the North South Co-operation unit; the number of staff who have worked in the North South Co-operation unit in each year since 2007. [46612/12]
View answerWhile there is no dedicated North South Co-operation Unit in my Department, officials engage with their counter-parts in Northern Ireland on issues of mutual concern and importance. For example, there is a very positive engagement, both at Ministerial and at official level, in developing co-operation in the area of child welfare and protection services.Work in this area to-date has concentrated on five areas:
(i) the establishment of the North South Child Protection Hub, a dedicated on-line child protection resource;
(ii) the development of an "Inter-Jurisdictional Protocol for the Transfer of Child Care cases between Northern Ireland and the Republic of Ireland";
(iii) a review of vetting and barring arrangements in both jurisdictions;
(iv) the development of a joint communication strategy to promote awareness of child welfare and protection; and
(v) promoting internet safety in the area of child welfare and protection.
The new Child and Family Support Agency will also have a very important role to play in advancing practical co-operation with our colleagues in Northern Ireland in this important area.
228. Deputy Robert Troy asked the Minister for Children and Youth Affairs the measures she proposes to put in place to uphold the rights of parents in their dealings with Government agencies charged with child protection; if she will consider putting in place a parents charter in this regard; and if she will make a statement on the matter. [46767/12]
View answerThe HSE provides a wide range of services to children and families in the context of the Child Care Act, 1991 and other child care and related legislation. Services are planned and delivered in the context of the UN Convention on the Rights of the Child and national child care policy which provides, inter alia, that services and staff will be:
- Child Centred: the best interests of the child shall be a primary consideration and children’s wishes and feelings should be given due regard;
- Family Oriented: the family generally affords the best environment for raising children and external intervention should be to support and empower families within the community;
- Equitable: all children should have equality of opportunity in relation to access, to participation in and derive benefit from the services delivered and have the necessary levels of quality support to achieve this. A key priority in promoting a more equitable society for children is to target investment at those most at risk;
- Inclusive: the diversity of children's experiences, cultures and lifestyles must be recognised and given expression;
- Action Orientated: service delivery needs to be clearly focused on achieving specified results to agreed standards in a targeted and cost-effective manner;
- Integrated: measures should be taken in partnership, within and between relevant players, be it the State, the voluntary/community sector and families; services for children should be delivered in a co-ordinated, coherent and effective manner through integrated needs analysis, policy planning and service delivery.
In the provision of services the HSE always seeks to ensure that there is an appropriate balance struck between the legislative requirement:
- to promote the welfare of children who are not receiving adequate care and protection;
- to have regard to the rights and duties of parents; and
- the need to have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.
In this regard the HSE Child Protection and Welfare Handbook makes the following two statements:
- A proper balance must be struck between protecting children and respecting the rights and needs of parents/carers and families. Where there is conflict, the child’s welfare must come first”; and
- Parents/carers have a right to respect and should be consulted and involved in matters that concern their family.
HSE Children and Family Services routinely include parents in child care proceedings including child protection conferences and children in care reviews. In regard to meeting the needs of children who may require special care and protection the HSE is empowered under the Children Act, 2001 to convene a Family Welfare Conference.
In effectively safeguarding the welfare of children the HSE seeks to balance decisive action in the interest of the safety of children with respect for parental and family rights and responsibilities. In this regard the HSE highlights the crucial role of wider community engagement in safeguarding and emphasizes the need to ensure that safeguarding is on the agenda of community initiatives and that personal responsibility, community contribution and state support are clearly delineated and complementary.
The Child Care Act, 1991, is the key piece of legislation governing the role of the State in the area of child protection. This Act makes explicit reference to the rights of parents under the Constitution. The proposed constitutional amendment does not give the State any additional rights to interfere in families - the only circumstances in which the State can intervene is in exceptional cases where the parents fail in their duty towards their children to such an extent that safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child. Article 41 - recognising the right of the family and Articles 42.1 - 42.4 recognising the role of the family as the natural educator of the child, remain unchanged. The rights and duties of parents remain unchanged. It remains the prerogative of parents to act as protector of the child's interests and indeed the person best situated to promote the rights of their children under the new Article 42A.1 - save in those exceptional circumstances referred to above where the State must "supply the place" of parents.
In relation to the "best interest" principle - this applies in defined proceedings where there has either been (i) parental failure in the context of care proceeding (ii) adoption or (iii) where the parents (or guardians) of a child are themselves in dispute with each other about the custody and care arrangements for their child. Constitutional recognition of the principle that the best interests of the child should be the paramount consideration in these proceedings means that this principle should now be a determinative factor in the resolution of such proceedings having regard to the constitutional rights of the family, whereas currently the best interests of the child can only be a determinative factor subject to the constitutional rights of the family.
229. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she will consider increasing the minimum qualification criteria for those delivering the early childhood care and education programme; if she will apply a minimum qualification criteria to everyone working in early education and childcare sector; and if she will make a statement on the matter. [43083/12]
View answerThe minimum qualification requirements have, in fact, been increased for those delivering the early childhood care and education (ECCE) programme. During the 2010-2012 period, there was an interim qualifying period whereby a person who did not hold a recognised qualification at the equivalent of Level 5 on the National Framework of Qualifications of Ireland (NFQ) but could demonstrate that he/she had a certified award in ECCE that included significant content covering the core knowledge areas of child development, early learning, health and welfare, and provided they had at least 2 years experience of working in a position of responsibility, was able to work as a preschool leader. For the 2012-2014 period, all early years practitioners working as a preschool leader entering into contract for the first time, must hold a major award at a minimum of Level 5 on the NFQ.
A higher capitation rate continues to be available to services participating in the ECCE programme in which all childcare workers have qualification levels above the minimum requirements for the programme i.e. where all the Preschool Leaders in the sessional service room hold a Bachelor degree in childhood/early education (minimum of Level 7 on the NFQ or equivalent) and have 3 years experience working in the sector, and where all the Preschool Assistants in the service hold a relevant major award in childcare/early education at level 5 on the NFQ or its equivalent.
It is my objective to incrementally develop the ECCE programme over the term of this Government as resources permit. The early years sector has been given a guarantee that any change to the minimum qualification levels will be announced with two years notice to facilitate early years services to adjust to the new requirements. This type of notice is also necessary if State funded training providers are to develop programmes of learning in a flexible manner that will facilitate early years practitioners already working in the sector. Issues relating to increasing quality will be considered as part of the Early Years Strategy which is currently being developed by my Office.
230. Deputy Patrick Nulty asked the Minister for Health if increased personal assistant hours will be provided for a person (details supplied) in Dublin 15, who is in acute need of the additional hours; and if he will make a statement on the matter. [46549/12]
View answerAs the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.
231. Deputy Luke 'Ming' Flanagan asked the Minister for Health the reason this country needs to put cannabis based medicines of which Sativex is one such brand through clinical trials when the products are already clinically approved by the Mutual Recognition Procedure which operates throughout Europe; if the Irish Medicines Board has already approved such medicines; and if he will make a statement on the matter. [46550/12]
View answerMy Department has been informed by the Irish Medicines Board (IMB) that it is in receipt of a market authorisation request from a manufacturer under the EU Mutual Recognition Procedure for a medicinal product containing Cannabis extract. This product is indicated for the relief of symptoms of spasticity for people with multiple sclerosis. Clinical trials in Ireland relating to this product will not be required. Department officials are currently examining how best to legally describe authorised cannabis-based medicinal products so that they may be prescribed to patients in Ireland while maintaining existing controls on cannabis and cannabis substances similar to those that apply to other controlled drugs that can be misused. It is hoped to bring forward legislative proposals in early 2013.
232. Deputy Nicky McFadden asked the Minister for Health the position regarding funding of home care and home help packages; if he acknowledges the contribution these packages make in assisting vulnerable older people to live independently in their own homes; if he will ensure that direct patient care will not be compromised; and if he will make a statement on the matter. [46557/12]
View answerAs this is a service matter it has been referred to the Health Service Executive for direct reply.
233. Deputy Brendan Griffin asked the Minister for Health if a person (details supplied) in County Kerry will be admitted to the National Rehabilitation Hospital; and if he will make a statement on the matter. [46562/12]
View answerAs the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.
234. Deputy Gerry Adams asked the Minister for Health further to Parliamentary Question No. 194 of 11 October 2012, if he will provide figures in tabular form of the number of persons in receipt of home help hours; the number of hours delivered in County Louth in 2007, 2008, 2009, 2010, 2011, 2012 and currently in the aftermath of the additional cuts announced by him in August [46596/12]
View answerAs this is a service matter it has been referred to the Health Service Executive for direct reply.
235. Deputy Gerry Adams asked the Minister for Health if there is a North South Co-operation unit in his Department; the number of staff working in the North South Co-operation unit; the number of staff who have worked in the North South Co-operation unit in each year since 2007. [46619/12]
View answerResponsibility for North-South Co-operation is co-located in the Unit of my Department responsible for Capital, EU-International and Research Policy. Additional responsibilities have also been assigned to this Unit from time to time. Staffing in the relevant Unit since 2007 was as follows:
|
YEAR |
GRADE |
WTE |
|
December 2007 |
Principal Officer Assistant Principal Higher Executive Officer Clerical Officer |
1.0 3.5 2.5 0.8 |
|
December 2008 |
Principal Officer Assistant Principal Higher Executive Officer Clerical Officer |
1.0 3.0 2.5 0.8 |
|
December 2009 |
Assistant Principal Higher Executive Officer Executive Officer |
3.0 2.5 0.4 |
|
December 2010 |
Principal Officer Assistant Principal Higher Executive Officer Staff Officer |
1.0 3.0 2.0 1.0 |
|
December 2011 |
Principal Officer Assistant Principal Health Attaché (AP) Higher Executive Officer Executive Officer Staff Officer |
1.0 2.8 1.0 3.0 1.0 1.0 |
|
September 2012 |
Principal Officer Health Attaché (PO) Assistant Principal Higher Executive Officer Staff Officer |
1.0 2.8 1.0 3.1 1.0 |
A number of staff in addition to those listed have been assigned to the Department's representation in Brussels on a temporary basis in preparation for Ireland's forthcoming EU Presidency.
The following revised reply was received on 6 November 2012:
It has been brought to my attention that there was an error in the figures provided in the table for September 2012. The Health Attache (PO) should read 1.0 and Assistant Principal 2.8 respectively rather than 2.8 and 1.0 as stated in the reply.
