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Tuesday, 23 Sep 2014

Written Answers Nos. 326-343

Crime Investigation

Questions (326)

Clare Daly

Question:

326. Deputy Clare Daly asked the Minister for Justice and Equality the number of court orders made to tap and-or monitor text and call traffic per year, over the past five years. [35924/14]

View answer

Written answers

I wish to advise the Deputy that the Courts have no function where these matters are concerned.

The lawful interception of both telecommunications and post is statutorily governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. The 1993 Act provides that only the Minister for Justice and Equality may grant authorisations to intercept and then only for the purposes of the investigation of serious crime or in the interests of the security of the State. Only the Garda Commissioner and the Chief of Staff of the Defence Forces are entitled to make applications for authorisations to intercept. The Garda Commissioner may make applications in relation to serious crime or in the interests of the security of the State. The Chief of Staff may make applications in relation to the security of the State only, and such a request must be accompanied by the supporting recommendation of the Minister for Defence.

The 2011 Communications (Retention of Data) Act provides for access to traffic data, location data and subscriber data only. The Act sets out the agencies which are entitled to request access to this data and the circumstances in which such requests can be made. Those circumstances include the prevention, investigation, detection or prosecution of a serious offence, the security of the State, the saving of human life and certain revenue offences. The content of calls, texts etc are not disclosed under this Act.

Both statutory schemes are subject to judicial oversight. Both the 1993 and 2011 Acts provide for the appointment of a High Court Judge to carry out reviews of their operation and the relevant reports to An Taoiseach are laid before the Houses of the Oireachtas. In addition, the Acts provide for a procedure whereby a member of the public who believes their communications have been intercepted or that their personal data has been accessed (whichever the case may be) may make a complaint to a Complaints Referee. The current Complaints Referee is a judge of the Circuit Court.

Garda Recruitment

Questions (327)

Clare Daly

Question:

327. Deputy Clare Daly asked the Minister for Justice and Equality the number of new intake gardaí who were members of the Garda Reserve; and the number of members of the Garda Reserve who applied for the positions. [35925/14]

View answer

Written answers

I am informed by the Garda Commissioner that 23 Garda Reserve Members began their training as Garda recruits last week. The number of Garda reserve applicants who applied for or made it through to the current round of assessments and tests is not readily available.

Garda Operations

Questions (328)

Clare Daly

Question:

328. Deputy Clare Daly asked the Minister for Justice and Equality the number of drugs units that have been shut down over the past five years; and her plans to deal with the drugs crisis. [35926/14]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.

Departmental Agencies Staff Remuneration

Questions (329)

Fergus O'Dowd

Question:

329. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the remuneration package for each chief executive officer of State or semi-State organisations under the aegis of her Department; the changes made to such remuneration in the past two years; the remuneration package for each acting CEO if such exists; and if she will make a statement on the matter. [35951/14]

View answer

Written answers

Details of remuneration of post holders in the role of Chief Executive Officer or relevant position in each of the agencies of the Department of Justice and Equality is set out in the following. Current salaries reflect changes in accordance with the Haddington Road Agreement and are based on salaries sanctioned by the Department of Public Expenditure and Reform.

Name of Body

CEO/Equivalent

Salary Scale (effective from 01 July 2013)

Garda Síochána Complaints Board

CEO

Assistant Secretary scale*

€119,572 - €136,496

Garda Síochána Ombudsman Commission (GSOC)

Chairperson

Garda Deputy Commissioner*

€143,745

An Garda Síochána

Commissioner

Commissioner*

€168,350

Insolvency Service of Ireland

Director

Assistant Secretary scale*

€119,572 - €136,496

National Disability Authority

CEO

Principal Officer Higher scale*

€81,080 - €98,995

Property Registration Authority

Interim CEO

Deputy Registrar*

€87,741 - €106,423 plus acting up allowance €11,040

Property Services Regulatory Authority

CEO

Principal Officer Higher scale*

€81,080 - €98,995

Office of the Data Protection Commissioner

Data Protection Commissioner

Single point salary*

€143,535

Private Security Authority

Position vacant

Principal Officer Higher scale

€81,080 - €98,995

€85,127 - €103,976 (PPC)*

Charities Regulatory Authority

CEO designate

Principal Officer Higher scale (PPC)*

€85,127 – €103,976

Courts Service

CEO

Secretary General (Level 3)*

€175,126

Legal Aid Board

CEO

Single Point Salary*

€136,496

*It should be noted that the remuneration of staff appointed for the first time to a public service post after 6 April 1995 is adjusted to cover their cost of paying Class A rate of PRSI and making an employee contribution to pension (PPC rate).

The Deputy may also wish to note that the Chief Executive Officer of the Mental Health (Criminal Law) Review Board is a Principal Officer in my Department who devotes a percentage of his time to the duties of Chief Executive Officer of the Review Board. He is on the Civil Service Principal Officer salary scale. He does not receive a separate remuneration package for his duties as CEO of the Review Board.

I also wish to inform the Deputy that the legislation to merge the Human Rights Commission and the Equality Authority into the Irish Human Rights and Equality Commission (IHREC) passed by both Houses of the Oireachtas was signed by the President on 27 July 2014. I understand the Irish Human Rights and Equality Commission are currently in the process of appointing a Director.

In relation to the Equality Authority with effect from 1 April 2014 two existing Principal Officers held the position of Acting CEO, there was no additional remuneration to each of these officers. The previous CEO of the Equality Authority was on the Assistant Secretary salary scale.

Finally, in relation to the Human Rights Commission, in January 2012 the previous CEO was appointed Ambassador to Belgium. An Officer at the grade of Principal Officer level was appointed on 1 February 2012, there was no additional remuneration for this Officer.

Early Childhood Care Education

Questions (330)

Stephen Donnelly

Question:

330. Deputy Stephen S. Donnelly asked the Minister for Children and Youth Affairs the estimated annual cost of extending funding for the early childhood care and education scheme to two years. [35322/14]

View answer

Written answers

The Early Childhood Care and Education programme was introduced in January 2010 and provides a free pre-school year to all eligible children before commencing primary school. Despite the challenging budgetary situation, the pre-school year has been maintained as a universal and free programme, ensuring that a significant number of children can avail of quality pre-school services who would not otherwise be in a position to do so.

There is an increasing body of Irish and International evidence quantifying the benefits of early years interventions in terms of improving outcomes for children and in delivering significant economic and societal return to the State. In this context I believe the introduction of a second year would benefit children’s educational and developmental outcomes. A second free pre-school year would represent €2,500 to €3,000 worth of free childcare to parents and would be likely to generate 4,000-5,000 new jobs, albeit mostly part-time.

However, the introduction of a second pre-school year would require considerable additional funding, broadly in line with the cost of the current one-year provision, which is €175 million per annum. This additional funding is not currently available due to the financial constraints under which the Government is operating. In addition, all of the available evidence indicates that the quality of the pre-school provision is key to good outcomes for children. The Pre-School Quality Agenda that is being progressed by my Department, and which involves a range of actions in key areas aimed at improving quality within early years services and enhancing the regulatory regime, is a key building block for any further extension of universal childcare provision.

Better Outcomes, Brighter Futures, the national policy framework for children and young people 2014-2020, recognises the value of early childhood care and education in supporting children's early cognitive, social and emotional development, and the Government is committed to the introduction of a second free pre-school year within the lifetime of the framework once the required quality standards are achieved and subject to the availability of resources. My Department and I will be keeping this commitment under review in the context of the progress of the Pre-School Quality Agenda.

Child and Family Agency Remit

Questions (331)

Finian McGrath

Question:

331. Deputy Finian McGrath asked the Minister for Children and Youth Affairs his views on a case in respect of a person (details supplied). [35843/14]

View answer

Written answers

It appears that the person in question is unhappy with the outcome of an investigation into complaints he/she made into services provided by the Child and Family Agency, Tusla. Should the person in question wish to make an appeal in relation to his/her complaint the Agency operates a formal complaints procedure within Tusla. Details of how complaints are managed can be found in "Your Service Your Say" on the HSE website, www.hse.ie. The Agency has been established since January 2014 but I have been advised that the Agency is continuing to use the HSE's complaints mechanism.

The person in question can also contact the Ombudsman for Children (OCO). The OCO can investigate complaints made by children, young people or by adults on their behalf, about public organisations, schools or hospitals including children in the care of the Agency. The OCO is a free, independent and impartial service. Contact details are for OCO are as follows; freefone 1800 20 20 40, email oco@oco.ie and

Ombudsman for Children's Office

Millennium House

52-56 Great Strand Street

Diblin 1

I have forwarded a copy of the correspondence to the Agency for attention.

Children in Care

Questions (332)

Thomas P. Broughan

Question:

332. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 646 of 1 July 2014, if the joint protocol developed between the Child and Family Agency and the Garda National Immigration Bureau to enhance the capacity of both agencies to locate unaccompanied minors who go missing after presenting at Irish ports or during transfer to their place of care is now in place. [35294/14]

View answer

Written answers

As this is a service matter, I have asked the Child and Family Agency to respond directly to the Deputy with the most up-to-date information.

Homeless Persons Supports

Questions (333)

Peadar Tóibín

Question:

333. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the measures he will take to protect and support homeless young people; and the interdepartmental work he and his officials have engaged in over the past 12 months. [35541/14]

View answer

Written answers

My Department commissioned the Centre for Effective Services (CES) to undertake a review of the implementation of the Youth Homelessness Strategy, 2001 to establish the extent that the strategy has been successful and to identify any blockages or challenges to its implementation. The report found that there have been significant improvements in the service response to homelessness of children and this has contributed to a decrease in the number of children presenting to services as being homeless.

It should of course be noted that policy responsibility for homeless young people, insofar as it extends to my Department, relates to children under 18 and any child welfare and protection concerns that may arise in the context of the Child Care Act 1991. Young people who are homeless, either singly or as part of a family unit and not falling within this category are the responsibility of the Department of the Environment, Community and Local Government and local authorities. Young people who were formerly in the care of the State and presently in receipt of aftercare services will, as part of this support, have their accommodation needs identified.

Children under 16 who present as being homeless to emergency services are taken into care. Children aged 16 and 17 may be taken into care, or provided a service under Section 5 of the Child Care Act 1991. Such children are typically more challenging to care for as they may be out of school; have experienced neglect and serious family discord; problematic drug use; have mental health or learning difficulties. These children often wish to be only involved with peers and they may be less inclined to engage with social work services. Services need to provide early and flexible options to engage with these children and to support them beyond their 18th birthday.

Aftercare is the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him/her in making the transition to independent living. The children most vulnerable to homelessness as care leavers are those leaving residential care or short term foster care placements. Children, who come into care late, in their mid to late teens, may not have developed the relationships with staff or aftercare workers that helps them achieve positive outcomes. It is essential that these young people have an opportunity to develop a relationship with a dedicated aftercare worker who will work with them to identify their needs and ensure that services are in place to help provide them with the stability and support they need.

The Child and Family Agency has advised that they are in the process of establishing interagency aftercare committees at local level bringing together Local Authorities, HSE and other statutory and voluntary agencies. These committees will develop interagency wrap around aftercare plans for young people, particularly for those with complex needs, including housing requirements.

A protocol, developed by the Child and Family Agency and the County and City Managers’ Association, in relation to dealing with accommodation issues of young people leaving care, is nearing completion and is expected to issue shortly. When agreed and implemented, the protocol will see the relevant local authority housing representative attend aftercare planning meetings with social workers of the Agency in relation to those young people for whom social housing has been identified as the most appropriate form of accommodation support. This, it is hoped, will facilitate a more efficient service for those leaving care in obtaining social housing suitable to their needs.

Furthermore, as the Deputy will be aware, it has been decided to strengthen the legislative provisions regarding aftercare. This is in response to concerns that there was insufficient focus in this area and that such planning was not taking place on a properly structured and consistent basis.

The prioritisation of services for young people receiving aftercare is considered in the context of the statutory and administrative criteria and rules relating to State provision of services and the requirement of all State bodies to provide services in accordance with resources available to them. The Agency and officials of the DCYA have been and continue to explore these matters further with the relevant Departments and agencies, on a bi-lateral basis, to continue to support the improvement of aftercare for this vulnerable cohort.

The Joint Oireachtas Committee on Health and Children, at its sitting on 1st April, considered the draft aftercare provisions. The Committee’s report on the Bill was made available to the Department in mid-July and is currently under consideration, prior to refining the text of the provisions in conjunction with the Office of the Parliamentary Counsel.

Youth Work Projects Funding

Questions (334)

Caoimhghín Ó Caoláin

Question:

334. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 690 of 30 April 2014 when he plans to publish the value-for-money review of youth work funding schemes. [35569/14]

View answer

Written answers

The Value for Money and Policy Review of youth programmes has recently been finalised. It has been submitted to the Minister for Children and Youth Affairs. The review has also been submitted to Government for information. The review makes recommendations for the future operations of youth programmes that will shape their development in the years ahead to ensure quality, effective, value-for-money services that are evidenced based and secure the best outcomes for young people.

The findings and recommendations in the review are being considered by the Minister for Children and Youth Affairs at present. The Minister intends that the recommendations of the review will be progressed in the context of the new National Youth Strategy that is being developed by the Department of Children and Youth Affairs for the end of 2014.

The Department is developing a plan to ensure that all interests including youth projects and organisations, Education Training Boards, Youth Officers and other stakeholders that are involved in the provision of services for young people, have the opportunity to discuss the review's findings and recommendations and how they are to be implemented in the coming years.

Arrangements are being made for the publication of the review at an early date.

Youth Services Provision

Questions (335)

Caoimhghín Ó Caoláin

Question:

335. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs when he plans to appoint the Better Outcomes, Brighter Future advisory council. [35570/14]

View answer

Written answers

Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People (2014-2020) is the first overarching national policy framework which comprehends the age ranges of children and young people 0 – 24 years. It was launched by the Taoiseach, Tánaiste, and then Minister for Children and Youth Affairs in April 2014.

Better Outcomes, Brighter Futures is based on a clear vision of what we want for children and young people in Ireland. This vision is for:

“Ireland to be one of the best small countries in which to grow up and raise a family, and where the rights of all children and young people are respected, protected and fulfilled; where their voices are heard and where they are supported to realise their maximum potential now and in the future.”

Better Outcomes, Brighter Futures puts the everyday lives of children and young people at its centre and requires Government Departments and State agencies to work together in an integrated way along with non-government organisations to achieve better outcomes for children and young people.

It emphasises an integrated and evidence informed approach to working across government, on horizontal and vertical levels, which transfers to all sectors and settings working with children and young people.

The implementation of Better Outcomes, Brighter Futures involves the establishment of clear and efficient structures to ensure accountability, drive implementation and provide a forum for stakeholder engagement. These structures have been designed to ensure efficiency and effectiveness. They bring together in a concerted manner the key players across government, the voluntary sector and the voices of children and young people. The new implementation structure streamlines and redesigns existing structures and forums in this area so that their input is represented at a strategic level on the Children and Young People’s Policy Consortium.

The establishment of the Advisory Council is a significant action within Better Outcomes, Brighter Futures to leverage engagement with the whole-of-society, in this case through the NGO sector, with the inclusion of other independent experts and individuals with specific expertise in working with and for children and young people.

The Advisory Council brings together for the first time a diverse range of sectoral stakeholders in the domains of children and young people’s policy and provision into one forum. The Advisory Council will provide the platform for the NGO sector involved in the area of children and young people to actively guide and support the implementation of Better Outcomes, Brighter Futures .

As the NGO sector connects with and mobilises communities, families and individuals, they are an essential partner to implementation so as to ensure that better outcomes for children and young people are achieved.

The Advisory Council will comprise 16 members, in four groups of four, under an independent chair. The first three groups represent the sectors of: Early Years, Children and Youth. The representative bodies for the groups in these areas have each been asked to provide three nominees to me for inclusion on the Advisory Council. These groups are:

- Early Years – The National Voluntary Childcare Collective

- Children – The Children’s Rights Alliance

- Youth - The National Youth Council of Ireland

Presently, work is ongoing in the Department of Children and Youth Affairs in finalising the remaining candidates for the positions on the Advisory Council. This will completed shortly and it is expected that the first meeting of the Advisory Council will take place before the end of October.

Children in Care

Questions (336)

Brian Walsh

Question:

336. Deputy Brian Walsh asked the Minister for Children and Youth Affairs the number of children in care in each county, the number of these with a care plan in each county; and the number of these in each county who have had a scheduled review of their plan within the target timeframe for such a review. [35595/14]

View answer

Written answers

I have requested the information from the Child and Family Agency and I will revert to the Deputy when this information is to hand.

Services for People with Disabilities

Questions (337)

Pat Deering

Question:

337. Deputy Pat Deering asked the Minister for Children and Youth Affairs the criteria that are used for evaluation for funding under the Tusla programme for residential care centres for people with a disability. [35607/14]

View answer

Written answers

The matter raised by the Deputy is a matter for my colleague the Minister for Health.

Departmental Agencies Staff Remuneration

Questions (338)

Fergus O'Dowd

Question:

338. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs the remuneration package for each chief executive officer of State or semi-State organisations under the aegis of his Department; the changes made to such remuneration in the past two years; the remuneration package for each acting CEO if such exists; and if he will make a statement on the matter. [35942/14]

View answer

Written answers

There are three agencies which are currently funded by the Exchequer through my Department's vote. These are the Adoption Authority of Ireland, the Child and Family Agency and the Ombudsman for Children's Office. Up to 31st December 2013 my Department also funded the Family Support Agency and the National Educational Welfare Board. With the establishment of the Child and Family Agency on 1st January 2014 the Family Support Agency and the National Educational Welfare Board ceased to exist, and their roles were subsumed into the Child and Family Agency.

With effect from 1 January 2012, my Department has also taken responsibility for the Children Detention Schools as provided in Part 10 of the Children Act 2001.

There are two agencies under the remit of my Department which have Chief Executive Officer positions. These are the Child and Family Agency and the Adoption Authority of Ireland. There are no acting CEOs.

I have set out in tabular format below the current remuneration payable to the Chief Executive Officers of the bodies under the aegis of my Department. While there are no CEO positions in the Children Detention Schools, there are two Director positions which I have included in the table below. Furthermore the Ombudsman for Children, as the head of the Office, is also included for information purposes.

Agency

Remuneration of CEO

Changes to remuneration package in the last two years

Child and Family Agency

€170, 734

No changes. The first CEO to the newly established Child and Family Agency was appointed on 1 January, 2014

Adoption Authority of Ireland

€100, 054

The new CEO was appointed on 1 September 2014. This post was re-graded from Assistant Secretary level to Director level with considerable consequential savings to the exchequer.

Children Detention Schools

€83,459 & €89, 476

No changes to remuneration package

Ombudsman for Children

€119,572

No changes to remuneration package

Ministerial Responsibilities

Questions (339)

Billy Kelleher

Question:

339. Deputy Billy Kelleher asked the Minister for Health the Minister or Minister of State that has responsibility in the area of drugs, specifically drug prevention, drugs task force, community-based programmes and so on; the areas of responsibility covered by each Minister dealing with drug issues; and if he will make a statement on the matter. [35525/14]

View answer

Written answers

My responsibilities as Minister for Health include overseeing the implementation of the National Drugs Strategy 2009-2016.

Alcohol Pricing

Questions (340)

Robert Troy

Question:

340. Deputy Robert Troy asked the Minister for Health if he will provide an update on below-cost selling which affects wine retailers here. [35527/14]

View answer

Written answers

Addressing the price of alcohol is an important component of any long-term strategic approach to tackling alcohol misuse. There is a link between consumption and harm and evidence that affordability is one of the drivers of increased consumption. The Government has approved an extensive package of measures to deal with alcohol misuse, to be incorporated in a Public Health (Alcohol) Bill , including minimum unit pricing.

The Government has decided that minimum unit pricing is the most effective policy measure to deal with the sale of alcohol at cheap prices. Minimum unit pricing is a mechanism of imposing a statutory floor in price levels per gram of alcohol that must be legally observed by retailers in both the on and off trade sector. This is a targeted measure, designed to prevent the sale of alcohol at very cheap prices. It is mainly aimed at those who are higher risk, such as adolescents and people who have a harmful and hazardous alcohol consumption pattern. It should therefore only have a marginal effect on moderate drinkers. It is not expected that minimum unit pricing will affect the price of alcohol in the on-trade sector or the majority of alcohol products sold in the off-trade sector including wine

Work on developing a framework for the necessary Department of Health legislation is continuing and it is hoped to publish a General Scheme of a Bill in the Autumn.

Nursing Homes Support Scheme Data

Questions (341)

Michael Healy-Rae

Question:

341. Deputy Michael Healy-Rae asked the Minister for Health his views on a cap on the maximum charge that can be applied to productive assets in the means assessment for the fair deal scheme; and if he will make a statement on the matter. [35928/14]

View answer

Written answers

The Nursing Homes Support Scheme is a system of financial support for people who require long-term nursing home care. Under the Scheme, nursing home residents contribute towards the cost of their nursing home care based on their means, and the HSE pays the balance. The Scheme applies to public, private and voluntary nursing homes.

The person's contribution towards their cost of care is calculated based on 80% of their income and 7.5% per annum of their assets. If a person is a member of a couple, the assessment is based on half of the couple's combined income and assets. The Scheme contains several important safeguards which ensure that both the person in the nursing home and their spouse/partner, if applicable, are adequately provided for:

- Nobody will pay more than the actual cost of care;

- The first €36,000 of a person's assets, or €72,000 for a couple, is not taken into account during the financial assessment;

- The principal residence is only included in the financial assessment for the first three years of a person's time in care. This three year cap can also apply to family farms/businesses in certain circumstances;

- Where an individual's assets include land and property in the State, the contribution based on such assets may be deferred and collected from their estate. This is the optional Nursing Home Loan element of the Scheme;

- Individuals keep a personal allowance of 20% of their income, or 20% of the maximum rate of the State Pension (Non-Contributory), whichever is the greater;

- If there is a spouse/partner remaining at home, s/he will retain 50% of the couples income, or the maximum rate of the State Pension (Non-Contributory), whichever is the greater;

- Certain items of expenditure, called allowable deductions, can be taken into account during the financial assessment. These allowable deductions include health expenses.

Programme for Government Implementation

Questions (342)

Catherine Murphy

Question:

342. Deputy Catherine Murphy asked the Minister for Health if the programme for Government commitment to ensure that replies to written parliamentary questions are furnished during Dáil recess will apply to the Health Service Executive; and if he will make a statement on the matter. [35506/14]

View answer

Written answers

I understand that the Taoiseach has outlined that this commitment in the Programme for Government will be dealt with as part of the next phase of Oireachtas reform. Any changes would apply to this Department and to the HSE.

Medical Aids and Appliances Provision

Questions (343)

Pearse Doherty

Question:

343. Deputy Pearse Doherty asked the Minister for Health the reason for the delay in the provision of wheelchair equipment in respect of a person (details supplied) in Dublin 3. [35221/14]

View answer

Written answers

As 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.

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