Written Answers Nos. 30-37
30. Deputy Seamus Kirk asked the Minister for Children and Youth Affairs if her Department or agencies under her remit have had any contact with the Ombudsman for Children following the "Prime Time" investigation into crèches; and if she will make a statement on the matter. [38722/13]
View answerSince the broadcast of the Prime Time programme my Department has received a large volume of correspondence and submissions in relation to the events outlined in the programme. My officials are examining the wide range of proposals and suggestions made and these are being considered as part of a comprehensive response to the events highlighted in the programme.
In relation to the Ombudsman's Office it is expected that when concerns relating to childcare policy or to the provision or delivery of childcare services are raised with that office, that they would when considered appropriate, raise the matter with my Department. I am not aware of any communication to my Department from the Ombudsman's office relating to the overall content of the Prime Time broadcast or to any incident highlighted in the programme.
31. Deputy Seán Kyne asked the Minister for Children and Youth Affairs if it is the case that certain child care facilities in Dublin and in other locations have not been subject to an inspection by the Health Service Executive or its equivalent prior to that organisation's establishment for over a decade or more; and if she will make a statement on the matter. [38607/13]
View answerAs this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.
32. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the facilities available to ensure the safety of children fleeing domestic violence; and if she will make a statement on the matter. [38609/13]
View answer34. Deputy Mick Wallace asked the Minister for Children and Youth Affairs if she will provide details of the Government's strategy for protecting children subject to domestic violence in view of recent calls by the European Committee of Social Rights and the Children's Alliance to ban corporal punishment and violence in the home; and if she will make a statement on the matter. [38610/13]
View answerI propose to take Questions Nos. 32 and 34 together.
At the outset, I would emphasise that the two matters raised by the Deputy, domestic violence and corporal punishment, are discrete issues.
Responsibility for the prevention of domestic violence rests with the Department of Justice and Equality. In so far as the HSE provides domestic violence services to victims, responsibility currently falls within the remit of the Department of Health and the HSE. Children, as individuals, do not require the services of domestic violence shelters; they accompany the parent who requires these on occasion. Unaccompanied children make use of alternative services, under the Child Care Act 1991, and would not be placed in a domestic violence shelter. The issue of domestic violence and associated services are included in the Bill providing for the establishment of the new Child and Family Agency (CFA) given the close relationship between domestic violence and child protection issues. In this regard, the task force report on the establishment of the CFA noted the need for a robust co-ordinating mechanism to continue the appropriate multi-organisational approach.
Ireland has no law or statute at present which specifically permits corporal punishment in the home setting. However, Section 246 of the Children Act 2001 provides very clear legal deterrents to the use of excessive physical discipline within the home setting or otherwise, as follows:
Section 246.—(1) ‘It shall be an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child's health or seriously to affect his or her well-being.’
In relation to corporal punishment within the home, a limited defence of ‘reasonable chastisement’ exists in common law, but successful high profile prosecutions have been taken by the State under section 246 where parents are deemed to have used excessive or unreasonable force in disciplining children.
My Department is currently engaged with the Department of Foreign Affairs and the Attorney General's Office to respond formally to the European Committee of Social Rights of the Council of Europe (CoE) in respect of matters raised through the committee around the banning of corporal punishment in all settings.
33. Deputy Sean Fleming asked the Minister for Children and Youth Affairs her response to a survey carried out by the Ombudsman for Children which indicated that 72% of Irish people believe that the State could do more to support children’s rights; and if she will make a statement on the matter. [38714/13]
View answerAs the Deputy is aware, the Ombudsman for Children is an independent officer of the State and accounts for her statutory functions to the Oireachtas. As Minister, I have certain functions and responsibilities for the Ombudsman for Children's Office under the Ombudsman for Children Act, 2002. This primarily relates to governance matters, most notably the funding of the Ombudsman for Children's Office through the Vote of my Department.
The Ombudsman for Children performs a very valuable ongoing role in advancing the rights and welfare of children in Ireland since her appointment to that role in 2003. In addition to her complaints and investigation functions, the Ombudsman for Children makes valuable ongoing contributions to Oireachtas Committees, provides advices to Government on legislation, policy and practices and raises public awareness of issues impacting on the lives of children and families. I am also aware that the Ombudsman for Children's Office is constantly engaging with all relevant Government Departments about children's rights through their complaints and investigations, legislative, participation and education functions.
I am in agreement with Ms. Logan that the absence of clearer protection for children's rights in the Constitution has had an adverse effect on children across a wide range of areas and that the State could do more to support Children's Rights. The recent referendum on the rights of children is clear testament to the fact that this Government is committed to putting the rights and welfare of children at the centre of our policy considerations and delivery of services in Ireland.
At the recent 13th European Regional Conference of the International Society for the Prevention of Child Abuse and Neglect held in Dublin, the Taoiseach gave his personal commitment to righting the wrongs of our past including our child protection failings and I echo the sentiments expressed by him. As Minster for Children and Youth Affairs I have responsibility for implementing this challenging agenda.
As the first Government Department dedicated to children and young people, my Department has already brought a considerable focus to areas such as children in detention, in the care system or at risk of homelessness. In addition I believe that the forthcoming establishment of the Child and Family Agency will bring a dedicated focus to child protection, family support and other key children's services for the first time in the history of the State and promote a focus on the rights of children, particularly vulnerable children in its work with other agencies.
This will be further strengthened, in law, with the enactment in the coming months of Ireland's Children First Bill which will introduce a statutory requirement for inter-agency working and sharing-of-information which I am confident will help the further the advancement of children's right's in Ireland.
35. Deputy Peter Mathews asked the Minister for Children and Youth Affairs when she intends to legislate for the amalgamation of children detention schools; and if she will make a statement on the matter. [38838/13]
View answerI would like to inform the Deputy that earlier this year I obtained the approval of the Government to draft the Children (Amendment) Bill 2013. This Bill will provide for the amendment of Parts 9 and 10 of the Children Act 2001 on the basis of the Heads and General Scheme of the Bill which were then published. The Bill is currently being drafted. It is intended that the Bill will be introduced to the Houses during this session.
The primary objective of the proposed Children Amendment Bill is to provide a statutory basis for the amalgamation of the three children detention schools. This will complement and reinforce the initiatives to date to create a “single campus” ethos and maximise the use of shared services between all 3 existing children detention schools.
A number of technical amendments will also be made to certain provisions to improve their workability and address lacunae which have been identified in practice in consultation with the office of the Attorney General.
There are currently 3 children detention schools in the State: Trinity House, Oberstown Boys and Oberstown Girls schools. All are located on the same campus at Oberstown, near Lusk, Co. Dublin. These schools currently accommodate girls under 18 years of age and boys under 17 whose detention is ordered by the Courts on remand or on conviction for criminal offences.
As the Deputy may be aware, reforms have been underway towards integrated delivery of services across the three children detention schools with a view to the more efficient use of resources including the centralisation of services, common policies across the three schools and more efficient use of accommodation. The Board of Management, chaired by Mr. Joe Horan and school management are currently implementing a new cross-campus roster.
The Public Appointments Service (PAS) has recently conducted a recruitment competition for the position of campus manager and it is intended that the successful candidate will, in due course, become the Director of the amalgamated campus.
37. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if she will provide an updated report on the Health Service Executive's performance under the National High Support and Special Care Implementation Plan 2011-2014, specifically in terms of providing additional places for children requiring high support care or special care; if she is satisfied with the level of progress achieved by the HSE to date under the implementation plan; and if she will make a statement on the matter. [38603/13]
View answerThe HSE has advised me that they are committed to designing and developing a comprehensive continuum of services to meet the divergent and complex needs of all children in care.
In 2012, the HSE initiated an in-depth review of all residential care services for children and young persons. This review will assist in mapping and reinforcing the various stages along the continuum of care provision as well as identifying where gaps exist. The HSE has appointed a National Manager to progress this review.
In relation to the National High Support and Special Care Service (the acute end of residential services), a further capacity review is underway to confirm the level of anticipated needs in the area of special care placements. Early recommendations of this review indicate that the advance proposals to commission additional special care places should proceed as there is a demand for these places. The HSE anticipate that this will bring special care capacity from 17 in 2013 to 35 by 2016. Capital funding of €26.4m for these additional places has been secured and it is confirmed that the planning for each of the projects in this sector are at an advanced stage.
