Written Answers Nos. 27-43
27. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the timeline for the closure of children's high-support units in the State; if capacity at special care units will be further increased to address the shortage of specialised child residential services that will arise with the closure of such units; and the supports that will be provided to children exiting high-support units. [47701/13]
View answerChildren who are unable to live with their parent/s for their welfare and protection are taken into the care of the HSE Child and Family Services and placed mainly in foster care. For a small number of children, residential care is considered the most suitable option to meet their needs. A very small number of children and young children with specialised needs are placed in a High Support or Special Care Unit.
The HSE has advised that Rath na nóg High Support Unit has now closed. One other Unit provides High Support placements, that is Crannóg Nua. This Crannóg Nua unit will cease providing High Support services once the current residents complete their interventions and move on to their next placements. This closure is expected to take place in May 2014. Crannóg Nua will then undergo refurbishment works to bring the standard of the facilities up to the level of security required to provide Special Care services from that location by the end of January 2015. This development will increase Children and Family Services capacity to provide Special Care services on a national basis from seventeen places currently, up to twenty-five by end of Jan 2015. The HSE advise that with the further developments in progress at Crannog Nua and at Gleann Alainn, it is expected that the overall capacity for the provision of Special Care services by Children and Family Services nationally will increase to thirty four places by end 2015.
The HSE is committed to designing and developing a comprehensive continuum of care services to meet the divergent and complex needs of all children in care. The HSE has advised me that it is currently undertaking a national review of all residential care and this will be completed during the first quarter of 2014. The HSE assures me that this review will assist in mapping and reinforcing the various stages along the continuum of residential care provision in the HSE as well as identifying where gaps may exist. A National Director of Residential Services has been appointed to take the review forward and ensure the strategic development of such services with all necessary allied supports necessary.
28. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the planned governance and administration of family resource centres and the role of the child and family agency in same; and if she will make a statement on the matter. [47828/13]
View answerThe policy intent in framing the functions of the Child and Family Agency has been to broaden the scope of the Agency beyond the traditional concept of child welfare and protection and to place emphasis on family support as a core function. The existing strengths of community based approaches to supporting families have informed this policy direction and, in particular, the contribution of the network of 106 Family Resource Centres around the country.
The intention is that the new Agency will have a stronger family support function which will encompass both the existing family support obligations imposed by the Child Care Act 1991 (and currently discharged by the HSE) along with the important work undertaken by the Family Support Agency. The Child and Family Agency Bill contains strong functions relating to family support (as set out at Section 8(1)(c)) and community development activities (set out at Section 8(1)(d)), such as those provided by the Family Resource Centre Programme. In addition, Part 8 sets out the framework for the funding of outside providers of services and again provides scope for the funding of community development initiatives which would include Family Resource Centres (specifically Section 59(8)). This Part establishes the statutory basis for the funding of such programmes. It also provides for the development of regulations and guidance which will further elaborate the precise governance and administration arrangements which will be put in place by the new Agency.
It is acknowledged that Family Resource Centres are non-profit making organisations with a strong community involvement and ethos. The arrangements implemented by the Child and Family Agency will support the objective of providing effective and co-ordinated supports to families and communities, while building upon the local, community role of Family Resource Centres. I can assure the Deputy that the new Agency will build on the excellent work undertaken by the Family Support Agency over the last decade, and that a community based approach to service provision will form an integral part of the new Child and Family Agency. I will communicate further with the Deputy in this regard when the Child and Family Agency Bill commences Report Stage on the 20th November.
29. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs when the children first Bill will be published; if it will mean that Departments and-or the Health Service Executive can be reported for failure to protect the welfare of vulnerable children; and if she will make a statement on the matter. [47832/13]
View answerThe Deputy will be aware that I published the Draft Heads and General Scheme for the Children First Bill 2012 in 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. A number of submissions were received as part of the Committee's consultation process. 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. Since then my Department and I have carried out international research and held further consultations with experts and key stakeholders, including other relevant Departments and statutory agencies, to discuss and review the complex matters arising and the development of the final Bill.
It is also essential that the related and relevant legislation is 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. The drafting of the Children First Bill is under way. The proposed Children First Bill will place obligations on certain professionals and other people working with children to report suspected child protection concerns to the HSE/Child and Family Agency and also for certain relevant professionals to assist the HSE/Child and Family Agency in the assessment of any reported cases. Organisations will also have legal obligations relating to child safety planning.
It is also intended to place the Children First Inter-Departmental Group on a statutory basis, to be chaired by my Department. This will allow my Department to identify any areas that require to be developed or improvement, which will be particularly important during the initial implementation phase of the Bill.
30. Deputy Mick Wallace asked the Minister for Children and Youth Affairs if she intends to review guidelines in relation to the Health Service Executive's use of section 12 of the Child Care Act. [47834/13]
View answerSection 12 of the Child Care Act 1991 provides for the removal of a child to a place of safety by An Garda Síochána in situations where there is immediate and serious risk. It is a power given to the Gardai and is not operated by the HSE per se. However, where Section 12 is invoked, An Garda Síochána must, as soon as possible, place the child into the care of HSE.
Section 12 however operates in conjunction with other duties and obligations of the HSE. Where a child is received into care in circumstances such as these, the HSE are required, following initial assessment, to either return the child to their parents, if is safe to do so, or make an application to the District Court for an Emergency Care Order at the first available opportunity. A District Court may grant an Emergency Care Order if there is reasonable cause to believe that there is an immediate and serious risk to the child or that there is likely to be if they were to leave the care setting. Emergency Care Orders have a limited duration and a fuller hearing must be convened within prescribed timelines.
The provisions of the Child Care Act are under continuous review by my Department and policy and legislative changes are considered as necessary. The provision of and use of the particular section of the Act referred to by the Deputy is the subject of an investigation by the Ombudsman for Children following two recent high profile cases. The Ombudsman will independently assess the circumstances of these cases and be free to raise any questions of relevance to the events that occurred.
Section 12 of the Act has been in operation for some considerable time. I believe it is important to emphasise the importance of the provision in the context of immediate danger to a child. I am further of the view that the Child Care Act 1991 carries considerable safeguards in respect of these powers, as it should. I am also of the view that we should not confuse issues related to practice in the overall appropriateness of the provision and it is these issues relating to practice which the various reports are required to tease out. Notwithstanding that, I have reiterated that, on receipt of a report from the Ombudsman for Children, the Gardai and the HSE will be in a position to examine any practice implications and I will be in a position to examine any policy or legislative implications, which might arise.
32. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if she has identified specific measures to tackle the main causes of homelessness among young persons; the rates of youth homelessness for each county, including temporary homelessness; the programmes in place in each county to combat this issue; and if she will make a statement on the matter. [47845/13]
View answerAs the Deputy will be aware, my colleague, the Minister for Environment, Community and Local Government, has policy responsibility for adult homelessness, that is, those aged 18 years and over. Children who are referred to as homeless generally fall into three groups: children who mainly reside with their families but due to an emergency, need care and accommodation immediately, children who are defined as at risk of homelessness and children who are found to be "sleeping rough". Children who present as homeless or in need of emergency accommodation are assessed as children in need of welfare and protective services and are provided with an appropriate response.
My Department commissioned the Centre for Effective Services to undertake a review of the implementation of the Youth Homelessness Strategy published by the Department of Health and Children in 2001. The review found that there had been significant improvements in the service response to children presenting as homeless in the last ten years and that the range and standard of services has improved over the past decade and this appears to have contributed to a decrease in the number of children and young people accessing services through the homeless sector.
The Children's Research Centre, Trinity College Dublin also undertook research "Young People's Homeless and Housing Pathways" which involved three phases of data collection over a 6-year period with homeless children and young people in Dublin City. This period of contact and engagement provided a unique opportunity to gain insight into the processes that steered participants "journeys" into, through and out of homelessness, as well as their perspectives on their homeless and housing situations over that time. This study found that for many young people homelessness can be resolved if they receive the necessary services and supports and access to stable housing with appropriate supports, at the earliest possible juncture. Both reports identify the need for early interventions and the importance of timely assessments and the provision of adequate services.
Services for young people aged between 15 and 17 who come to the attention of emergency and homeless services need to be flexible as these young people are often vulnerable and at risk and are typically more challenging in the provision of care. They may be out of school; have experienced neglect and serious family discord; have mental health or learning difficulties; have lived casually among friends and peers; and they may be less inclined to engage with social work services. Additionally they will often need support beyond their 18th birthday.
The Crisis Intervention Service provides an out-of-hours emergency social work assessment to children aged under 18 years who are out of home and in need of care or accommodation. The service operates across Counties Dublin, Kildare and Wicklow. Referrals are made by service providers outside of normal working hours, such as Gardaí or hospital and ambulance service personnel.
Outside the greater Dublin area, the HSE operates an Emergency Place of Safety Service whereby Gardaí can access an emergency placement for children found to be at risk utilising their powers under Section 12 of the Child Care Act 1991 out of hours. This service involves placing a child in a family setting where they stay until the next working day when the local social work service assumes responsibility for the case. The service is designed to ensure that children presenting as 'at risk' outside of normal working hours are provided with an appropriate emergency place of safety, a foster care placement, thereby reducing or eliminating social admissions of children in an acute hospital setting.
Section 5 of the Child Care Act provides that the HSE may provide accommodation for a child in need of accommodation, who does not need to be taken into care. The HSE has developed and is now implementing a policy on the use of Section 5 of the Child Care Act 1991. This policy addresses the needs of young people aged 16 and 17 presenting to the HSE Children and Family services in need of accommodation. The HSE has advised that 14 and 6 children were supported under Section 5 in HSE South Region and HSE West Region, respectively. No data is available for Dublin Mid Leinster or Dublin North East regions.
Clearly, while progress has been achieved, some challenges in relation to access to mental health and intellectual disability services for children in crisis or out of home remain. Service responses for children aged 16-18 need more focus as does the management of the transition between child and adult services. My Department has engaged with the HSE and the National Educational Welfare Board, along with the Departments of the Environment Community and Local Government, Education and Skills, Social Protection and Health seeking their views on how the recommendations of "Every Child A Home" relevant to each sector are being or might be brought forward.
33. Deputy Robert Troy asked the Minister for Children and Youth Affairs when the youth policy framework will be developed; and if she will make a statement on the matter. [47842/13]
View answerMy Department is developing a new strategy for children and young people. In keeping with my Department's responsibilities for children and young people, this new five-year Children and Young People's Policy Framework is being developed in a holistic way which will comprehend the continuum of the life-course from infancy through to early and middle childhood, adolescence and early adulthood. It will be the overarching Framework under which policy and services for children and young people will be developed and implemented in the State. This overarching Framework will provide the basis for more detailed strategies including a new youth strategy.
It is envisaged that the new youth strategy will focus on ensuring greater coordination in policy and provision across government for young people aged 10 – 24 years. It will aim to:
- enhance the development, participation and support of young people in this age cohort;
- be responsive to current and emerging issues such as youth employment; and
- provide greater coordination in youth provision and related services for young people across departments, agencies and the youth sector.
Work is under way in preparation for the development of the youth strategy. My Department has commissioned a review of international best practice to advance our understanding of the impact of youth services in the lives of children and young people. The conclusions of this study, the findings of the Growing Up in Ireland Study of my Department along with the other studies underway will inform the development of the strategy. The National Youth Work Advisory Committee, which includes representatives of national youth organisations, Government departments, the Education and Training Boards and other statutory agencies involved in youth matters, has a key role in advising my Department on issues to do with how youth work practice and services can advance key desired outcomes for young people's well-being that are central to the strategy. The strategy will further take account of the findings of the Value for Money and Policy Review of youth funding which is nearing completion in my Department.
The next stage in the development of the youth strategy will include a consultation process with stakeholders and young people. It is planned that the youth strategy will be substantially progressed for completion early in 2014.
34. Deputy Robert Troy asked the Minister for Children and Youth Affairs the level of engagement she had with the Department for Social Protection regarding the changes in maternity benefit announced in budget 2014; and if she will make a statement on the matter. [47843/13]
View answerThe issue of maternity benefit is a matter for the Department of Social Protection (DSP) and any changes to this benefit are a matter for that Department. I had no engagement with the Minister or officials of the DSP in relation to this matter.
35. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she will provide an update on the implementation of all strands of the preschool quality agenda; the timeline for completion; the additional resources needed for same; and if she will make a statement on the matter. [47825/13]
View answerThe commitment to improve the quality of early childhood care and education has been a key priority for me since becoming Minister for Children and Youth Affairs. This is why my Department and I have been progressing work on Ireland's first-ever Early Years Strategy and working on a comprehensive Pre-School Quality Agenda. My comprehensive Pre-School Quality Agenda will seek to support and assure higher standards in pre-school services.
I have identified eight key areas which I consider to require urgent attention. These are:
- Publishing inspection reports on-line as soon as possible
- Strengthening the national inspection system
- Introducing new protocols on regulatory compliance and enforcement
- Increasing and widening the sanctions which can be taken for non-compliance
- Increasing the qualification requirements for all staff in pre-school services
- Introducing a registration system for all pre-school services
- Implementing the new National Quality Standards
- Supporting implementation of the Siolta Framework and Aistear Curriculum
Legislation to strengthen the current inspection regime and underpin the Pre-School Quality Agenda is expected to be enacted before the end of the year. This legislation will provide a statutory basis for registration of pre-school services and will introduce a range of new enforcement powers for Inspectors at pre-prosecution level. Under the proposed new system, all pre-school services will have to be registered in order to operate. Inspectors will be empowered to specify improvement conditions that a service must comply with; and the threat of removal of registration will be available. This system will, for the first time, provide for timely and effective regulation and enforcement of standards in pre-school services, backed up by statutory registration.
Work on the establishment of the new Children and Family Agency has provided an opportunity to address the absence of a coherent national approach to the regulation of childcare services. The HSE has been working towards developing the Pre-School Inspectorate as a nationally coordinated service. A practical outcome of this work has been the introduction of Standard Operating Procedures to address inconsistencies and provide clarity and transparency to early years services.
Over recent years, a number of areas of the country have had either no inspectors or an inadequate number of inspectors. The HSE is recruiting five new inspectors to cover existing gaps in Louth, Dublin South / East Wicklow, Cavan / Monaghan, and Sligo / Leitrim / West Cavan. In addition, I have received approval from the Minister for Public Expenditure and Reform to increase the staffing numbers in the new Child and Family Agency to provide for extra posts to further strengthen the Inspectorate. Some additional funding for this was provided for in Budget 2014.
New National Quality Standards for pre-school services will be launched very shortly. These Standards will complement the existing Pre-School Regulations replacing previous explanatory notes; and will set out the quality outcomes and supporting criteria against which inspection under the pre-school regulations will be measured.
The level of qualifications held by staff dealing directly with children in pre-school childcare services is an important factor in determining the quality of pre-school provision that the facility can deliver. I believe, therefore that it is important to introduce qualification requirements for all staff working in pre-school services. This will be an important development as at present, staff working in childcare services other than under the ECCE programme are not subject to any minimum qualification requirement.
I have indicated my intention to increase the minimum requirement of Level 5 for pre-school leaders delivering the pre-school year to Level 6. It is also my intention to require all pre-school assistants and all other staff caring for children in a pre-school service to hold a minimum qualification at Level 5. These new requirements will apply from September 2014 for new services, and from September 2015 for existing services.
The implementation of the Síolta and Aistear Practice Frameworks, developed to support quality early childhood care and education in Ireland, is an important initiative in the development of quality childcare services. Both Frameworks are based upon extensive research evidence on best practice in early childhood education and care. The successful implementation of the Frameworks on a nation-wide level will require all childcare practitioners to have a thorough understanding of quality early years provision. I announced in Budget 2014 the introduction of a new mentoring service which will employ graduates in early childhood care and education who will work directly with services to improve quality and support the implementation of the Síolta Framework and Aistear Curriculum.
The HSE has begun the process of publishing retrospective pre-school inspection reports on-line, and this process will continue over the coming weeks and months. All new inspection reports from 1st July 2013 are being published on-line on completion. Pobal is hosting the publication of the pre-school inspection reports, and they are available on the Pobal website.
On foot of Budget 2014, I will be allocating €4.5m in Exchequer funding to support the implementation of the Pre-School Quality Agenda which will seek to support and assure higher standards in pre-school services. Of this funding, €1.5m is provided to support staff training to meet the new qualification requirements. €2.5m will be provided to support the new mentoring service.
36. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs her plans to make child protection training mandatory for all those who have interaction with children whether in a voluntary or professional capacity; and if she will make a statement on the matter. [47837/13]
View answerThe Deputy will be aware that I published the Draft Heads and General Scheme for the Children First Bill 2012 in 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. A number of submissions were received as part of the Committee's consultation process. 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 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 is currently under consideration and part of an ongoing process.
It is also essential that the related and relevant legislation is 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. In parallel with the development of legislative proposals to put Children First on a statutory footing, significant work has been undertaken to achieve full and consistent implementation of the revised Guidance. I have established a Children First Implementation Inter-Departmental Group (CFIDG) to bring central government oversight to the implementation process. The direct responsibility for implementation rests at organisation level in line with the Guidance and the proposed legislation. Each Department represented on the Group has prepared a Children First Sectoral Implementation Plan. These Implementation Plans are designed to be high level documents setting out implementation requirements for the parent Department and for agencies under its aegis which have contact with children and young people. The Plans set out the mechanisms in place, or to be put in place, including training requirements, to support the continued implementation of Children First Guidance at sectoral level. They are for a period of one year, at which time they will be reviewed. The Sectoral Plans are available on the relevant Department websites.
My Department and the CFIDG continue to work in cooperation with the Children and Family Services of the HSE in relation to key issues and priorities such as the provision of information, advice and materials to relevant organisations/sectors to support recruitment and training arrangements by employers and organisations in respect of their staff. These discussions also include the development of a website and the implementation of a communications strategy in relation to Children First.
37. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she will provide an update on the transition from St. Patrick's Institution to the Oberstown campus, including management and governance structures, staffing, training and rostering arrangements at Oberstown; and if she will make a statement on the matter. [47826/13]
View answerA main contractor and a number of sub-contractors have now been appointed to the Oberstown development project and construction of the new facilities started on site on 23 September 2013. On 14 October 2013 I officially launched the construction project with the event taking place on the campus in Oberstown.
The timeline for the project will see the first three new residential units available in the third quarter of 2014, which will be used to facilitate the transfer of responsibility for 17 year old boys from adult prison facilities (currently St. Patrick's Institution) to the Oberstown campus and will deliver on the Government's commitment to end the practice of detaining children in St. Patrick's Institution. An additional three residential units, to be delivered in 2015, will be used to replace existing accommodation on the Oberstown campus which has reached the end of its useful life. The development will also provide associated education, recreation, security and other ancillary facilities and will result in all detention services for children being delivered in a single location, maximising the scope for ensuring best practice standards using the children detention school model and for operational efficiency. The project is due to be fully complete by the third quarter of 2015.
In additional to the capital project, my department and I are overseeing a further programme and reforms aimed at enhancing the effective management and capacity of services on the Oberstown campus. A recruitment process has recently been carried out for the appointment of a Campus Manager for the Oberstown site, who will report to the Board of Management. The Campus Manager will be appointed shortly and this person will be responsible for driving the reforms that are currently taking place in Oberstown. I see this appointment as a crucial element of the reform of the children detention service, which will complement the development of new services on the campus for all children under 18 years of age. In addition, I will shortly be presenting a set of amendments of the Children Act 2001 to the Oireachtas which will provide a mechanism for the merging of the three existing Children Detention Schools into a single legal entity. These governance reforms will complement the on-going work over recent years to develop integrated care policies and shared services across the Oberstown campus. I wish to further advise that a care staff recruitment programme has been sanctioned by Government and will shortly be commenced in conjunction with the Public Appointments Service, with the aim of deploying the new staff in Oberstown for orientation and training on a staged basis from early 2014.
In order to ensure a safe and stable transition to the new children detention school campus during 2014, a comprehensive business planning process has recently commenced for the delivery of services for all children under 18 in Oberstown. This will include appropriate input from the Irish Youth Justice Service which is based in my Department, the Irish Prison Service and other agencies including the Probation Service, the Courts Service, an Garda Síochána and the HSE Child and Family Support Services, which will shortly become the Child and Family Agency.
In line with an agreement made at the Labour Relations Commission earlier this year, agreement has been reached with staff representatives on the appointment of a third party arbitrator to oversee a joint staff/management review of the operation of the campus staffing roster in Oberstown which was implemented in February 2013. This review commenced last month and it is ongoing. It is my intention that the review will be completed as soon as possible.
38. Deputy Robert Troy asked the Minister for Children and Youth Affairs the measures she is putting in place to underpin the result of the referendum on children's rights, which result has been upheld in the High Court; and if she will make a statement on the matter. [47841/13]
View answerThe judgement in the High Court challenge to the result of the Children's Referendum was delivered on 18th October. The Petitioner was unsuccessful in her petition to the High Court challenging the Provisional Referendum Certificate issued on foot of the Children's Referendum. The Court dismissed the petition. With the consent of the parties and to allow time for giving notice of an appeal, the Judge decided to grant a short stay on his endorsement of the Provisional Referendum Certificate (as required under section 57(3) of the Referendum Act 1994). On 24th October, the Petitioner's Counsel made an application to the Supreme Court for a priority appeal hearing date.
The Court granted the application for a priority hearing of the appeal and the extension of the stay on the endorsement of the Referendum Certificate. It is anticipated that the Supreme Court appeal will be heard early in 2014. The Petitioner had also challenged, by way of plenary proceedings, the constitutionality of certain provisions of the Referendum Act 1994 and these proceedings remain before the High Court for determination.
39. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the measures taken to assist those prospective adopters who have been in the process of finalising arrangements to adopt a child from Russia and who had pre-2010 declarations but found themselves in the distressful situation of not being able to conclude the process due to a decision of the Russian authorities that came into effect on 3 July 2013; and if she will make a statement on the matter. [47824/13]
View answer388. Deputy Joe McHugh asked the Minister for Children and Youth Affairs her efforts to resolve the difficulties facing families whose involvement in the adoption process began before the Hague Convention and whose processes are still ongoing. [47705/13]
View answerI propose to take Questions Nos. 39 and 388 together.
The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows those who held a valid declaration of eligibility and suitability to adopt before the commencement of the Act to continue with an adoption, from a non-Hague, non-bilateral country for a maximum period of three years. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must have completed the process by the 31st October 2013.
By their nature transitional provisions must be time limited, and it was considered by the Government at the time, and the Oireachtas, that three years was a reasonable period of time to finalise an adoption which was in process when the Adoption Act 2010 came into force. The Hague Convention sets out important safeguards to be implemented by member countries so as to ensure that the rights of children and families are protected and there is prevention of illegal, irregular, premature or ill prepared inter country adoptions. Ireland has ratified the Hague Convention and under the Adoption Act 2010 the Convention has force of law in Ireland. The provisions of the Adoption Act 2010 sought to balance the desire for a reasonable period of transition with the overall commitment to the mutual support amongst member countries for the operation of the standards and safeguards in inter country adoption outlined in the Convention.
One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I am conscious of the strain that these prospective adoptive parents have experienced due to recent events which could not have been foreseen. Since this issue was brought to my attention, officials in my Department have been seeking a way to address the problems which resulted from the sudden change in Russian legislation. Considerable efforts have been made, including through diplomatic channels, to see if the problems which have arisen can be resolved.
It is my understanding that in order to adopt from Russia it is necessary to have a valid declaration of eligibility and suitability to adopt on the date of the court hearing to finalise the adoption, and for a specified period thereafter before the Court order takes effect. In order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability.
The advice of the Attorney General has been sought and my Department is currently examining legislative options that might assist, possibly through the retrospective extension of the declarations of eligibility and suitability concerned. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act must be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department, in conjunction with the Office of the Attorney General, is examining if it is possible to address this situation within the parameters of Irish law and our obligations under the Hague Convention. I have already met and spoken with some of those prospective adoptive parents affected by the changes in Russian legislation and have undertaken to keep them informed of any developments.
Work is also ongoing in relation to a possible bilateral agreement on inter country adoption with Russia. Following my invitation to the Russian Ministry of Education and Science in August, a delegation of Russian officials travelled to Ireland for discussions and the meeting of the 22nd October 2013 was very positive with detailed discussions between the Russian officials and officials from my Department, the Adoption Authority of Ireland, the Department of Foreign Affairs and Trade and the HSE. At the meeting significant progress was made and my Department has committed to reverting to the Russian side in the coming weeks with further detailed proposals in an effort to address both Russian and Irish legal and administrative requirements to the greatest degree possible.
40. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the number of persons in receipt of after-care services in the State as a whole and in the Dublin north east Health Service Executive region; and if there has been progress in realising legislative change on after-care provision. [47702/13]
View answerSection 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a "need for assistance" and if it forms such a view, to provide services in accordance with the legislation and subject to resources. Aftercare is the support put in place to meet the needs of a young adult who is leaving statutory care at 18 years of age, to assist him/her in making the transition to independent living. The most important requirements for young people leaving care are for continuity of relationships, secure, suitable accommodation as well as further education, employment or training. The provision of an appropriate aftercare service has been highlighted as a key element to achieving positive outcomes for young people leaving care. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires. The HSE has advised me that at the end of September 2013, there were a total of 1,477 young adults in receipt of an aftercare service nationally, of whom 372 were receiving the service in the Dublin North East HSE region.
I am delighted to inform the Deputy that last week I obtained cabinet approval to my Department's policy proposal to strengthen the legislative provisions regarding aftercare. It is proposed to amend the Child Care Act, 1991 to provide for a statutory right to the preparation of an aftercare plan. The proposed amendment will provide clarity around eligibility and the arrangements for preparing, reviewing and updating the aftercare plan and monitoring of young care leavers that do not participate in the process. Work on developing the General Scheme for this legislative amendment will now commence in my Department. I believe that the measures approved by Government will strengthen existing practice and improve the outcomes for young people, especially those who are more vulnerable.
42. Deputy Brendan Griffin asked the Taoiseach the number of persons who have newly come into the jurisdiction; the number of persons who have emigrated; of the latter, the number who were foreign immigrants returning home or going elsewhere in respect of the past seven years; and if he will make a statement on the matter. [47719/13]
View answerAnnual information on migration (immigration and emigration) is published in the Population and Migration Estimates release which issues in August each year. The following table provides the most recent estimates of the number of immigrants and emigrants, by nationality, for the period ending mid April for the years 2008 to 2013. The figures for 2012 and 2013 are preliminary and are subject to revision.
Estimated Migration classified by nationality 2008 - 2013
|
Immigrants (000) |
2007 |
2008 |
2009 |
2010 |
20111 |
20122 |
20132 |
|
Nationality |
- |
- |
- |
- |
- |
- |
- |
|
Irish |
30.7 |
23.8 |
23.0 |
17.9 |
19.6 |
20.6 |
15.7 |
|
Non-Irish |
120.4 |
89.7 |
50.7 |
23.9 |
33.7 |
32.1 |
40.2 |
|
Total |
151.1 |
113.5 |
73.7 |
41.8 |
53.3 |
52.7 |
55.9 |
|
Emigrants (000) |
2007 |
2008 |
2009 |
2010 |
2011 |
20122 |
20132 |
|
Nationality |
- |
- |
- |
- |
- |
- |
- |
|
Irish |
12.9 |
13.1 |
19.2 |
28.9 |
42.0 |
46.5 |
50.9 |
|
Non-Irish |
33.4 |
36.1 |
52.8 |
40.3 |
38.6 |
40.6 |
38.1 |
|
Total |
46.3 |
49.2 |
72.0 |
69.2 |
80.6 |
87.1 |
89.0 |
|
Net Migration (000) |
2007 |
2008 |
2009 |
2010 |
2011 |
20122 |
20132 |
|
Nationality |
- |
- |
- |
- |
- |
- |
- |
|
Irish |
17.8 |
10.7 |
3.8 |
-11.0 |
-22.4 |
-25.9 |
-35.2 |
|
Non-Irish |
87.0 |
53.6 |
-2.1 |
-16.4 |
-4.9 |
-8.5 |
2.1 |
|
Total |
104.8 |
64.3 |
1.7 |
-27.4 |
-27.3 |
-34.4 |
-33.1 |
1 Census of population for immigration only
2 Preliminary
43. Deputy Lucinda Creighton asked the Taoiseach if he will provide in tabular form, for each year since 2003, the total cumulative amount in euro paid by his Department for non-audit services to companies (details supplied); and if he will make a statement on the matter. [48116/13]
View answerThe following table details the total amount paid by my Department to the aforementioned companies for non-audit services from 2003 to date.
|
Year |
Name |
Total expenditure |
|
2008 |
Grant Thornton |
€75,119.82 |
|
2007 |
Grant Thornton |
€86,335.74 |
|
2003 |
KPMG (Bearing Point) |
€93,351.00 |
