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Tuesday, 11 Jun 2013

Written Answers Nos. 822 - 838

Agri-Environment Options Scheme Payments

Questions (822)

Éamon Ó Cuív

Question:

822. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the agri-environment options scheme will issue in respect of a person (details supplied) in County Mayo; the reason for the delay in the payment; and if he will make a statement on the matter. [27658/13]

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Written answers

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from the 1st September 2011 and full payment totalling €1,319.00 issued in respect of 2011.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The person named was selected for a ground inspection which took place on 22nd October 2012. During this inspection, areas of non-compliance with the terms and condition of the scheme were noted in relation to the Tree Planting - Standard action which resulted in this action being ineligible for payment and furthermore a penalty of 10% will be imposed. On 9th February 2013, a letter issued to the person named informing him of this and outlining his appeal option. To date, there is no record of an appeal having been received by officials in my Department. The application is being finalised on the basis of the inspection findings and payment will issue shortly.

Disadvantaged Areas Scheme Applications

Questions (823)

Pat Breen

Question:

823. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Clare has not been facilitated; and if he will make a statement on the matter. [27663/13]

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Written answers

The person named is one of a number of applicants under the 2012 Disadvantaged Areas Scheme, whose case was impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare and who applied for and was refused derogation in this regard. The person named subsequently availed of the option to appeal to the independently chaired DAS Appeals Committee; that appeal was unsuccessful. The appellant was notified accordingly by letter dated 9 January 2013 and advised of his right to pursue the matter with the Office of the Ombudsman.

However, in light of the particular circumstances referred to, I have arranged for my Department to make further direct contact with the person named so that the matter can be further examined.

Beekeeping Industry

Questions (824)

John Lyons

Question:

824. Deputy John Lyons asked the Minister for Agriculture, Food and the Marine in view of the importance of bees for pollination and food production, his views on the effect of pesticides on the bee population; and if he will make a statement on the matter. [27697/13]

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Written answers

Bees play an essential role worldwide by pollinating many of our commercial food crops. They also maintain biodiversity in the wild by pollinating wild plants which then provide shelter and food for a wide range of insects and animals. There are over 100 native species of bees in Ireland and the Department of the Environment has valued their pollination services as being worth an estimated €85m per annum to the Irish economy.

Bee health is an exceedingly complicated issue affected by many factors. Such factors include climate, hive management, disease, bee pests, environment (biodiversity, CO2 , pollution etc.), weather events, genetics and pesticides. Regarding the importance, or not, of pesticides in relation to bee health, it is important to note that significant bee health issues are also being experienced in areas where there is little or no pesticide use. There are also instances where well managed apiaries, in areas of intensive agricultural production, experience little change in the general health of their hives.

The widespread presence of the Varroa mite, together with the associated viruses it spreads, and difficult weather conditions for beekeeping over recent summers are seen by many as the main causes of colony mortality among Irish bees in recent years.

Notwithstanding this, my Department is very aware of the potential risks which can result from the use of pesticides and so risk mitigation measures are often introduced when approving pesticides for use under Irish conditions. To that end, part of the farm inspection programme is devoted to checking proper pesticide use. Furthermore, my Department is currently introducing registration and training requirements for sprayer operators and a programme of testing of all pesticide application equipment. Additionally, it will be a legal requirement from 1st January 2014 for farmers in Ireland to apply the principles of Integrated Pest Management.

Suckler Welfare Scheme Payments

Questions (825)

John O'Mahony

Question:

825. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 415 of 5 March, the reason payment was not made to a person (details supplied) in County Mayo when all information was posted to his Department; and if he will make a statement on the matter. [27727/13]

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Written answers

In the intervening period since my response to the Deputy’s Question of 5 March 2013, a review of this case has been carried out. This confirms that payment cannot be made in respect of the 2011born animals, because of failure to meet the time limits for submission of data. However, the applicant was notified on 6 June 2013 that data can be accepted in respect of the animals born during 2012 and payment in respect of 11 of these will issue in the near future (including payment in respect of 1 animal of a set of twins); my Department is also in the process of contacting the applicant in regard to outstanding information in respect of 1 other animal.

Applicants have the right to appeal negative decisions to the independent Agriculture Appeals Office.

Aquaculture Licences Applications

Questions (826)

Noel Grealish

Question:

826. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if the Marine Institute has carried out an independent review of the BIM Environmental Impact Study of the proposed fish farm for Galway Bay; the name of the scientist or scientists involved; if the review will be published; the timeframe for same; and if he will make a statement on the matter. [27728/13]

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Written answers

Bord Iascaigh Mhara (BIM) has submitted an application to my Department for an Aquaculture and a Foreshore Licence for the cultivation of Finfish near Inis Oirr in Galway Bay. The application and its accompanying Environmental Impact Statement (EIS) is currently being considered in accordance with the provisions of the 1997 Fisheries (Amendment) Act and the 1933 Foreshore Act as amended.

All matters associated with the application and the EIS are currently being given very careful consideration by my Department in conjunction with its scientific and technical advisors.

As the application is under active consideration as part of a statutory process it would not be appropriate for me to comment further.

North-South Ministerial Council

Questions (827)

Andrew Doyle

Question:

827. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine when he last met his counterpart from Northern Ireland, the Minister for Agriculture and Rural Development, Michelle O'Neill MLA at the North South Ministerial Council in Armagh; if he will provide a detailed breakdown of the items discussed on the agenda; when he will be meeting them at the next North South Ministerial Council; if he will detail some of the agenda items he will be bringing to the Minister's attention; and if he will make a statement on the matter. [27792/13]

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Written answers

The last North South Ministerial Council Agriculture sectoral meeting was held on 31 October 2012 in Armagh. Minister Phil Hogan and I met with Michelle O’ Neill MLA, Minister of Agriculture and Rural Development and Jonathan Bell MLA, Junior Minister, Office of the First Minister and Deputy First Minister.

We discussed the most recent developments and the next steps in regard to the negotiations on CAP reform. We also discussed co-operation on animal health including agreeing a Memo of Understanding in relation to protecting the island of Ireland from exotic animal disease incursion. We also received an update on the delivery of the All-Island Animal Health and Welfare Strategy Action Plan. The Minister for the Environment, Community and Local Government, Phil Hogan TD discussed issues relating to rural development.

The next meeting is scheduled for 10 July in Armagh. The agenda will cover developments on the issues discussed in October and will include matters relating to plant health. Other topical issues including CAP and CFP will be addressed on the day.

Forestry Premium Payments

Questions (828)

Michael Moynihan

Question:

828. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has yet to receive their forestry premium payment; and if he will make a statement on the matter. [27801/13]

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Written answers

The applicant has two forestry contracts, CN42664 and CN42446.

Remedial works are outstanding on contract number CN42664. A letter requesting the required works was issued August 2011 but no confirmation that the works were completed has been received from the applicant to date. The 2nd instalment of the applicant’s forest establishment grant cannot be paid until these works have been completed and the plantation has brought up to the standard required under the scheme. As six annual premiums have been paid (up to 2012), no more premiums can be processed until the 2nd Instalment grant has been approved and paid. The applicant is advised to contact his forestry company regarding this matter.

With regard to CN42446, all payments due to date have been paid in respect of this contract.

Coillte Teoranta Harvesting Rights Sale

Questions (829)

Brendan Griffin

Question:

829. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the position regarding the proposed sale of Coillte harvesting rights; and if he will make a statement on the matter. [27808/13]

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Written answers

Further to the Government decision that a concession for the harvesting rights to Coillte’s forests be considered for sale, NewERA, Coillte, the Department of Public Expenditure and Reform and this Department examined the financial and other implications of developing the potential of Coillte’s forest assets. This examination included the identification of the forestry assets involved, the determination of their value and the consideration of a number of issues associated with the proposed sale of the harvesting rights. These included, inter alia, the possible impact on the timber industry, public access to recreational land and potential impacts, both environmental and social.

The overall analysis on the proposed sale of Coillte harvesting rights has been finalised, the outcome of which is currently being considered by the Minister for Public Expenditure and Reform and myself. It will be brought to Government in due course for consideration.

Harbours and Piers Maintenance

Questions (830)

Joan Collins

Question:

830. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine if it has been brought to his attention that a sand bank has built up at the entrance to Mullaghmore Harbour, County Sligo, creating a hazard for boat users; if he has received an application from Sligo County Council for grant assistance to implement a scheme to remove the sand bank; and if he will make a statement on the matter. [27827/13]

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Written answers

Mullaghmore Harbour is owned by Sligo County Council and responsibility for its repair and maintenance rests with the Local Authority in the first instance.

My Department provides funding for the development and repair of Local Authority owned harbours, piers and slipways as part of the Fishery Harbour and Coastal Infrastructure Development Programme.

On the 18th December 2012, all coastal Local Authorities were requested to submit, in order of priority, a list of projects for consideration for funding under the 2013 Fishery Harbour and Coastal Infrastructure Development Programme.

My Department received an application from Sligo County Council for funding for a total of 5 projects, of which Mullaghmore Bay and Harbour area was identified as the 5th project in order of priority. However, the application for Mullaghmore Bay and Harbour did not meet with the qualifying criteria and accordingly was not included in the projects approved under the 2013 programme.

Any application submitted by Sligo County Council under the Capital Programme in future years will be given consideration in the context of available Exchequer funding and overall national priorities.

Agri-Environment Options Scheme Applications

Questions (831)

John O'Mahony

Question:

831. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a decision on their application for agri-environment option scheme 3; and if he will make a statement on the matter. [27884/13]

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Written answers

My Department has no record of an application having been received or participation in the Agri Environment Options Scheme having been approved for the person named on the basis of the details, including herd number, provided.

Fish Landings

Questions (832)

Noel Harrington

Question:

832. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if Castletownbere harbour, County Cork, will be included as a designated port as set out in the NEAFC scheme; and if he will make a statement on the matter. [27935/13]

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Written answers

Castletownbere is designated for the landing of pelagic fish and species subject to a multi-annual plan in accordance with Council Regulation (EC) No 1224/2009. In addition Monkfish may also be landed at this port as set out in S.I. No. 55/2013 — Monkfish (Control of Landings) (No. 2) Regulations 2013.

In 2012, at the request of the industry, I added Castletownbere to the list of Irish ports at which third country landings can be processed and this is aimed to facilitate an increase in landings of Blue Whiting into Ireland by the Norwegian fleet. This is contained in S.I 367 of 2012 Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) (Amendment) Regulations 2012.

The North East Atlantic Fisheries Commission (NEAFC) is the Regional Fisheries Management Organisation (RFMO) for the North East Atlantic. The area covered by the NEAFC Convention stretches from the southern tip of Greenland, east to the Barents Sea, and south to Portugal. The European Union is a contracting party to the Commission, as are Denmark, Iceland, Norway, Russian Federation.

Article 21 of the NEAFC Convention provides for the designation of ports by contracting parties for landings of fish caught in NEAFC areas. Currently Killybegs is the only port within the State so designated. I am not aware of any request that has been made to designate Castletownbere port for NEAFC landings, however I will give any such request full consideration.

Grant Payments

Questions (833)

John McGuinness

Question:

833. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if reactor grants and income supplement payments for 2009 are outstanding in respect of a person (details supplied) in County Kilkenny; if 60% of their single farm payments are due for 2009; if his Department is in receipt of all the paperwork for these claims for this period; if so, if payment will issue as the person is suffering severe hardship; and if he will make a statement on the matter. [27959/13]

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Written answers

The holding of the person in question was restricted under the T.B. Eradication Scheme during the period 28 September 2006 to the 2 September 2010. However, as a result of concerns raised following a full herd retest carried out on the herd on 2 July 2009, staff in the Department instigated an investigation into the circumstances surrounding a TB herd test conducted in July 2009. Following an investigation by the Special Investigation Unit of the Department, the herdowner was charged with several offences under the Bovine TB and Animal Remedies regulations. He pleaded guilty to a total of 15 offences at the Kilkenny District Court on 1 July 2011 and was convicted and fined.

Under the TB compensation scheme, entitlement to compensation is conditional on owners/keepers complying with the provisions of the Disease of Animals Act 1966, any Orders made under this Act and other national or EU legislative requirements laid down under the disease eradication schemes. In view of the findings of the SIU investigation, which found that the person concerned had committed what constituted “flagrant breaches” as set out in the terms and conditions of the scheme, the Department decided that he was not entitled to any compensation in respect of the removal of cattle as reactors from his herd. The herdowner was advised of that decision on 21 September 2010 and of the option to appeal the decision to the Regional Assistant Principal Officer within 21 days, with further option of appeal to the Agricultural Appeals Office if the initial appeal was unsuccessful. However, he has not availed of these procedures.

The Department’s decision not to pay compensation in this case was supported by his guilty plea in the District Court, although the decision was not conditional on the outcome of the court case. In view of the above, there are no outstanding payments due under the TB schemes for the period concerned.

With regard to payments under the Single Payment scheme, as required under the EU Regulations governing the Direct Payments Scheme, the outcome of the court case was subsequently cross reported to the Cross Compliance Unit of the Single Payment Scheme in July 2011. The offences were deemed intentional breaches of Statutory Management Requirement 11 which concerns Food Hygiene and a 60% penalty was imposed on his 2009 entitlement. A letter notifying the herdowner of this decision issued on the 25th of October 2011. He was also advised of his right to seek a review of the decision and of his right to appeal the outcome of any such review to the independent Agriculture Appeals Office. To date, no such application has been received. In view of the foregoing, all payments due under the Single Payment scheme have been paid to the herdowner in question.

European Investment Bank Loans

Questions (834)

Willie Penrose

Question:

834. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if he has consulted with the European Investment Bank with a view to securing the availability of low interest rate funding from this institution which would assist farmers in re-organising their farm debts in order to deal with significantly increased overdrafts and merchant debt arising from the feed crisis; if appropriate submissions have been made to enable such a loan scheme to be utilised for working capital; and if he will make a statement on the matter. [28031/13]

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Written answers

I have met with the major Irish banks in recent weeks to ensure that they are providing funding for farmers in these difficult times. The banks have responded to my call for understanding and flexibility and indeed have issued advertisements in national media telling farmers that they are willing to provide short –term facilities to deal with the feed issues. I will continue to monitor the situation.

Discussions took place with the EIB last year in relation to the availability of low interest rate funding. In general the EIB operates such schemes via local banks. In addition there are State Aid restrictions on any schemes that provide an interest rate lower than the ordinary market level.

I am prepared to discuss any possibilities with farm organizations to see whether some mechanism can be found to provide further funding where necessary.

Agri-Environment Options Scheme Eligibility

Questions (835)

Michael Creed

Question:

835. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork was not approved to participate in the new agri-environment option scheme; and if he will make a statement on the matter. [28037/13]

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Written answers

An application under the Agri-Environment Options Scheme from the person named was received in my Department on 7th December 2012.

Under the selection criteria regarding farm size, only farms of 22.06 hectares or less were approved into the scheme. During the pre approval validation checks on the application of the person named, it was found that the farm size was in excess of the 22.06 hectares which resulted in the application being unsuccessful. On 27th May 2013, a letter issued to the person named informing him of this and giving him the option of appeal to the Department. To date, no appeal has been received by officials in my Department.

Food Safety Standards Regulation

Questions (836)

Seán Kyne

Question:

836. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine his views on the concerns of some citizens that the European Commission proposals for a regulation on the production and making available on the market of plant reproductive material law will have negative consequences for biodiversity and contains the potential to be used by multinational companies as a means of gaining competitive advantage in the choice and use of seeds by agricultural producers. [28092/13]

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Written answers

The European Commission formally presented its proposals on 6 May last concerning a comprehensive package of measures to strengthen the enforcement of health and safety standards for the entire agri-food chain. The package of measures is expected to provide a modernised and simplified, more risked-based approach to the protection of health and application of controls in the plant and animal sectors

As it stands, the current body of EU legislation covering the food chain consists of almost 70 separate pieces of legislation. The package of reforms announced by the EU Commission proposes to reduce this down to 5 pieces of legislation. These are: Plant Health, Animal Health, Plant Reproductive Material, Official Controls and Financing Regulations. It is anticipated that the new streamlined legislation proposals would reduce the red-tape on processes and procedures for farmers, breeders and food business operators to make it easier for them to carry on business.

The regulation proposed for the commercial plant and seed sector differs very little from those rules already in operation, apart from the introduction of a more streamlined certification process. Importantly though, the regulation proposes to reduce the administrative burden on micro-enterprises, such as small seed processors. Private gardeners and amateur growers would not be affected by these proposed regulations and would be able to continue to exchange seed as before.

It is anticipated that the new regime will not be in place before 2016. In the intervening period, all stakeholders will have ample opportunity to raise any legitimate concerns. The European Commission intends to engage proactively with stakeholders through information seminars in each member state to provide concrete and accurate information on both the content and scope as well as the basis for the legislation. During the negotiation phase of both the overarching regulations and subsequent implementing rules, there will be further engagement with all stakeholders to ensure a balanced outcome.

Legislative Programme

Questions (837)

Michael Healy-Rae

Question:

837. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs when the Children First legislation will progress through the House; if the legislation will specify child minders among those listed as obliged to notify carers of child abuse or neglect; and if she will make a statement on the matter. [26937/13]

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Written answers

The Deputy will be aware that I published the Draft Heads and General Scheme for the Children First Bill 2012 on the 25th of April 2012 and immediately referred the Heads of Bill to the Oireachtas Committee on Health and Children for consideration and advice. The Joint Oireachtas Committee on Health and Children published their report in July 2012.

As part of the Joint Committees consultation process a number of submissions were received. Overall there was a welcome that the legislation would increase the focus on child protection. The contributions in the main came from organisations already implementing Children First.

Submissions were not all in agreement and many points emerging needed to be considered and reconciled. This involves consideration of policy and operational issues, including those pertaining to childminders, as well as the best legal approach to achieving Children First objectives. In this regard, officials within my Department have consulted with a number of organisations and individuals and I recently met with a number of key stakeholders to discuss the complex issues that have arisen. I have also taken the opportunity to consult with a number of experts in relation to the development of the policy in this area. These discussions will inform the preparation of enhanced policy proposals that is currently underway.

The framework is now focussed on the safety and protection of children generally; the provision of safe services for children; cooperation amongst professionals and organisations where children are at risk of neglect and abuse and finally mandating key individuals to report child abuse known to them. The latter objective is aimed at removing ambivalence, reluctance or refusal by people and organisations in positions of trust and authority to report child abuse and cooperate with the relevant authorities. The Bill will create a range of responsibilities and duties on organisations and individuals and these will be detailed in the legislation. The precise requirements on varying sectors, organisations and individual professions, including inter alia, child care providers, is currently under consideration and part of an ongoing process.

A further reason for reviewing the policy is to ensure that the related and relevant legislation will be compatible with and will complement the National Vetting Bureau (Children and Vulnerable Persons) Act and the Criminal Justice (Withholding Information on Crimes Against Children and Intellectually Disabled Persons) Act.

It is my intention to submit further proposals to Government as soon as possible with a view to the drafting of the Children First Bill as a priority.

Child Protection Issues

Questions (838, 850, 853, 854, 855, 856, 858, 862)

Tony McLoughlin

Question:

838. Deputy Tony McLoughlin asked the Minister for Children and Youth Affairs if the Health Service Executive has provided any inspections for crèches in the Sligo/Leitrim area; if she will be publishing details of same; and if she will make a statement on the matter. [27260/13]

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Andrew Doyle

Question:

850. Deputy Andrew Doyle asked the Minister for Children and Youth Affairs the number of crèches that are subject to inspection (details supplied) in County Wicklow; the total number that are not subject to inspection; the total number of inspections carried out each year from 2007 to 2012; if she will provide a breakdown of the figures as a percentage of the total amount that could be inspected in the area; and if she will make a statement on the matter. [27036/13]

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Dominic Hannigan

Question:

853. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the number of crèches in County Meath that failed the Health Service Executive inspection in each of the years 2009, 2010, 2011 and 2012; if the crèches resolved the issues that were raised in the inspection; and if she will make a statement on the matter. [27075/13]

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Gerald Nash

Question:

854. Deputy Gerald Nash asked the Minister for Children and Youth Affairs when the Health Service Executive will appoint an inspector for developmental aspects of childcare facilities for the Louth area; and if she will make a statement on the matter. [27364/13]

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Gerald Nash

Question:

855. Deputy Gerald Nash asked the Minister for Children and Youth Affairs the number of childcare facilities private and public in County Louth inspected in each of the last four years 2009, 2010, 2011 and 2012 by the Health Service Executive; if she will provide the names of the facilities which have been inspected; if she will provide the information in tabular format; and if she will make a statement on the matter. [27367/13]

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Gerald Nash

Question:

856. Deputy Gerald Nash asked the Minister for Children and Youth Affairs the number of childcare facilities private and public in County Meath inspected in each of the past four years 2009, 2010, 2011 and 2012 by the Health Service Executive; if she will provide the names of the facilities which have been inspected; and if she will make a statement on the matter. [27368/13]

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Andrew Doyle

Question:

858. Deputy Andrew Doyle asked the Minister for Children and Youth Affairs if she will make available the complete list of inspection reports for a crèche (details supplied) in County Wicklow; and if she will make a statement on the matter. [27444/13]

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Michael Healy-Rae

Question:

862. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the number of inspectors at present carrying out inspections on crèches here; and if she will make a statement on the matter. [27637/13]

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Written answers

I propose to take Questions Nos. 838, 850, 853 to 856, inclusive, 858 and 862 together.

Under the Child Care (Pre-School Services) (No 2) Regulations 2006, the inspection of pre-schools is the responsibility of the Health Service Executive (HSE), and I have referred the Deputies’ specific queries to the HSE for direct reply.

I understand that, in 2011, 2,789 childcare providers were subject to inspections by the HSE Pre-School Inspectorate. This is an inspection rate of over 61% in a single year. This compares very favourably with comparable jurisdictions such as England, where Ofsted operates a policy of inspecting childcare providers on a 3 – 4 year cycle.

An issue that has been raised is the need to ensure national consistency in the approach to inspections. The HSE recently introduced Standard Operating Procedures to facilitate this and I welcome that step. I have also arranged for pre-school inspection reports to be published on-line from July of this year.

It is important to realise that inspections alone are not the answer to improving quality. What is required is a multi-faceted approach, and since this Government came to office we have been working to ensure issues relating to child protection and welfare are put front and centre. The establishment of a Department of Children and Youth Affairs was recognition of the huge body of work which needs to be done in this area.

As Minister for Children and Youth Affairs, driving the early childhood care and education quality agenda is one of my key objectives. I believe we can achieve this objective by taking a number of steps in conjunction with the Department of Education and Skills, including the adaptation of the existing pre-school inspection system to provide a more comprehensive and broader-based inspection regime for pre-schools, moving to a greater focus on outcomes for children.

In support of this, a Joint Pilot Inspection of Early Years Services was carried out by Inspectors from the HSE and the Department of Education and Skills between September 2011 and May 2012. This pilot will inform the proactive approach being taken.

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