Written Answers Nos. 20-31
20. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which adequate and appropriate accommodation is available to facilitate the needs and requirements of juvenile offenders, with particular reference to adequate segregation to ensure that the maximum opportunities for rehabilitation and-or education are available to such offenders; and if he will make a statement on the matter. [35585/14]
View answerThe 3 children detention schools, all located at Oberstown, Lusk, Co. Dublin, currently provide a total of 46 detention places for young people ordered to be remanded or committed by the courts. These comprise 6 places for girls up to the age of 18 on admission and 40 places for boys up to the age of 17 on admission. Boys aged 17 on being ordered to be detained are currently accommodated by the Irish Prison Service. This practice will cease, meeting the commitment in the Programme for Government to end the practice of detaining children in adult prison facilities, when new children detention facilities currently being constructed on the Oberstown campus become available before the end of this year. Construction commenced on site on the Oberstown campus in September 2013 and the new facilities will increase the capacity on the campus to provide sufficient accommodation for all children under 18 years of age ordered to be detained by the courts. In the interim, pending introduction of the expanded facilities, the existing facilities at Oberstown are being used to meet demand from the Courts. There is ongoing contact with the Courts, Probation and An Garda Síochána regarding the availability of places in the children detention schools.
The services currently being delivered in the children detention schools and the enhanced services which will be supported by the new facilities being developed (including new education and recreation facilities as well as dedicated visiting and medical facilities) focus on education and rehabilitation of the young people detained in order to minimise re-offending and to support their early re-integration into the community. Each young person is assessed on admission to determine his/her need for specialist therapeutic interventions and to develop an individualised management plan which might include addressing offending behaviour, family therapy and other relevant programmes. The Dublin and Dún Laoghaire Education and Training Board provide delivery of age and ability appropriate education services to the young people in detention including up to State examination level.
21. Deputy Clare Daly asked the Minister for Children and Youth Affairs if he will initiate a comprehensive examination of the State's treatment of women and their children born outside marriage, rather than a narrow inquiry into certain mother and baby homes in the interests of full justice and accountability for these citizens who were gravely wronged. [35433/14]
View answerThis Government is committed to establishing a comprehensive and effective Commission of Investigation into matters relating to Mother and Baby Homes in accordance with the Motion passed in this House on the 11th June last.
This Motion focused on a number of specific concerns, including that Dáil Eireann "acknowledges the need to establish the facts regarding the deaths of almost 800 children at the Bon Secours Sisters institution in Tuam, County Galway between 1925 and 1961, including arrangements for the burial of these children; acknowledges that there is also a need to examine other "mother and baby homes" operational in the State in that era and recognises the plight of the mothers and children who were in these homes as a consequence of the failure of religious institutions, the State, communities and families to cherish the children of the nation in the way they should have been cherished and cared for".
Considerable progress has been achieved since this Motion was passed to advance the necessary legislative and operational arrangements to establish a statutory investigation. The specific matters to be investigated are being considered as part of Government’s deliberations in order to finalise an overall scope for the Commission's investigation which is workable and effective.
The Inter-Departmental Group's Report on Mother and Baby Homes, which I published on the 16th July, has served to stimulate and further inform public debate on these important matters. Given the breadth and scale of the issues identified in the Report, and our experience of previous statutory inquiries, the importance of providing the Commission with precise terms of reference should not be underestimated. Discussions in this regard are on-going with my Government colleagues and the Attorney General with a view to finalising our deliberations in early course.
As part of the process it is my intention to arrange further opportunities for engagement with key stakeholders in order to update them on the emerging issues and seek their further views.
22. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if he will provide a progress report on the developments at Oberstown; the current status of the construction works; the anticipated completion date of same; when the new facilities will be commissioned and the current usage of St. Patrick's; and if he will make a statement on the matter. [35742/14]
View answerThere is a commitment in the Programme for Government to end the practice of detaining children in adult prison facilities, which under the Children Act 2001 means all young people up to the age of 18 years. This will be met in full later this year when the extension of the Oberstown campus results in the transfer of responsibility for 17 year old boys from the adult prison system to the children detention schools.
Following the appointment of a main contractor and a number of sub-contractors, construction on the Oberstown development project started on site on 23 September 2013. The project will provide sufficient new detention places to enable the extension of the child care model of detention to all under 18 year olds ordered to be remanded or committed by the courts on criminal justice charges. I am advised that the first 3 units of residential accommodation are scheduled to be delivered by the end of this year, in order to facilitate the transfer of responsibility for 17 year old boys from the adult prison system. A further 3 residential units, to be delivered in 2015, will replace existing detention buildings used by Oberstown Boys School and Oberstown Girls School which have reached the end of their useful life. The Office of Public Works (OPW) is overseeing the delivery of the project on behalf of my Department with the main contractor involved, BAM Building Ltd.
In addition to the capital project, there is an ongoing programme of reforms aimed at enhancing the effective management and capacity of services on the Oberstown campus.
The transfer of responsibility for 16 year old boys campus was implemented in 2012 and the logistical and legal aspects of accommodating 17 year old boys in custody on remand in Oberstown at the earliest possible date are currently being examined.
A recruitment process carried out in late 2013 has resulted in the appointment of a Campus Manager for the Oberstown campus. The Campus Manager reports to the Board of Management and is responsible for driving the reforms that are currently taking place in Oberstown, in particular the integration of the 3 children detention schools into a single entity.
A care staff recruitment programme, to meet the needs of the increased capacity in children detention places on the Oberstown campus, is well advanced. This is the first additional recruitment of staff to the campus in many years. I am advised that employment contracts are currently being issued to qualified candidates and that the first group of new staff is due to commence employment in Oberstown for orientation and training next month.
Heads of a Bill for amendments to the Children Act 2001 were recently approved by Cabinet and drafting work is now underway with a view to its enactment before the end of 2014. The Bill will, in particular, provide for the legal amalgamation of the 3 existing children detention schools and the repeal of all current legal provisions which permit the detention of children in the adult prison system.
23. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs his plans to require all child care workers to be qualified to at least FETAC level 5 by September 2015; if allowance will be made for those employed in child care and enrolled in FETAC courses that will not be completed by September 2015; and if he will make a statement on the matter. [35724/14]
View answerA number of amendments were made to the Child Care Act 1991 in the Child and Family Agency Act 2013. Regulations giving effect to the legislative changes are expected to be published shortly. The new Regulations will impose qualification requirements of a minimum Level 5 award in early childhood care and education for all staff working in early years services (no requirement currently exists). This requirement applies from September 2014 in the case of new services, and from September 2015 in the case of existing services. In addition, the minimum qualification requirement for pre-school leaders delivering the Early Childhood Care and Education (ECCE) programme will be increased from a Level 5 award to a Level 6, from the same dates.
In light of the proposed timeframes for the introduction of new qualification requirements, the Department has sought to work with the childcare sector to accelerate the process for training and up-skilling staff and improving the quality of care delivered to children. €0.9 million was provided to support a training programme in 2013 to provide support to staff who are seeking to meet the qualification requirements.
In March of this year, the Learner Fund was launched. This Fund, which has an allocation of €3m over the two years 2014 and 2015 and is sufficient to support all eligible applicants, is designed to support existing childcare staff to up-skill to meet new qualification requirements. The Learner Fund is being administered by Pobal, with the assistance of local City and County Childcare Committees. There will be a maximum cost per module of €200 for classroom-based courses, of which €150 will be the maximum Learner Fund subvention and €50 the maximum contribution by the learner. The maximum cost per complete classroom-based course will be €1,600. For blended/online courses, the maximum cost per module will be €150, of which the maximum Learner Fund subvention will be €120 and the maximum contribution by the learner will be €30.
While the deadline is September, it is recognised that some courses may not have been fully completed by that date, and individuals who are working in the sector will not be penalised in such circumstances. The aim of is to raise qualification levels, not to push experienced and committed workers out of the sector.
A limited “grandfathering” arrangement is being introduced to allow staff who have worked in the sector for many years and are nearing retirement to be exempted from the Level 5 requirement.
24. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if his Department will ensure equal access for children with disabilities to the first year of pre-primary care in the absence of adequate supports. [35737/14]
View answerMy Department implements the Early Childhood Care and Education (ECCE) programme which provides a free pre-school year to all eligible children before they commence primary school. The programme is a free and universal provision to which all children have access.
To ensure that the ECCE programme is more accessible to children with special needs a number of additional provisions have been added. These include an exemption from the upper age limit for qualification under the programme where a child would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the programme for 2 days a week in the first year and for 3 days a week in the second year.
I am aware that the Health Service Executive does, where possible, provide additional supports to children with special needs to enable them to avail of pre-school services in mainstream pre-school settings. My Department has been working with the Department of Health in the context of building better supports to facilitate children with special needs. The aim is to develop an agreed framework for the provision of resources to support special needs children in mainstream childcare settings. However the issue of supports for children with special needs availing of services in mainstream childcare settings remains a matter for the Department of Health and the HSE.
25. Deputy Robert Troy asked the Minister for Children and Youth Affairs on the recently announced review of early childhood education programmes and the announcement of ten new early years inspectors to the Department of Education and Skills, if this signifies a departmental shift in terms of responsibility for early childhood education; and if he will make a statement on the matter. [35731/14]
View answerAt Government level responsibility for the early years sector is split between the Minister for Education and Skills and myself, and our two departments collaborate on developments, particularly in terms of building quality. There has been no change in these responsibilities, nor is any change planned. Recent announcements by Minister O'Sullivan have related to her areas of responsibility and are very welcome as they will support the Early Years Quality Agenda which is the focus of the work of the Departments. The first major review of education and training programmes that lead to qualifications in the early years care and education sector is a very timely development and will support the ongoing work to improve quality in early years through increasing the qualifications of staff. Courses in this area have developed in an ad hoc way as the sector has grown and are delivered in a range of institutions, and there is a need to review the programme quality, the curriculum content and issues such as practice requirements. It is important to ensure that we can be sure that individuals who take on a qualification are getting the most appropriate training in their own interests and in the interests of the children they will work with.
Reference has also been made to proposals to carry out education focussed inspections. The background to this is that during 2012 and 2013 inspectors from Tusla, the Child and Family Agency, and inspectors from the Department of Education and Skills carried out a pilot joint inspection. This was a very useful exercise. An issue identified was that there were weaknesses in relation to education and learning in a number of services that both Departments felt needed to be followed up. For that reason, the Department of Education and Skills has been looking at how best they might carry out such education-focused inspections in a way that would complement to the work of the Early Years Inspectorate of Tusla. There is as I understand it still some work to be done, but progress is being made, in consultation with my Department.
The two Departments will continue to work closely together to press forward with the Quality Agenda and improve services for the benefit of children.
26. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if he will provide an update on the adoption (information and tracing) Bill; the date on which it will be published; the extent of the engagement that he and his predecessors have had with representatives of those most directly affected; and if he will make a statement on the matter. [35744/14]
View answerMy legislative priority in the area of adoption is the preparation of information and tracing legislation. In addition, my Department is also working closely with the Department of Justice and Equality on the Children and Family Relationships Bill, which it is proposed will contain measures in relation to guardianship and adoption by civil partners.
It is intended to proceed to finalise legislative proposals so that I may bring a general scheme and Heads of Bill on adoption information and tracing to the Government as soon as possible with a view to early publication. Subsequent consideration by the Oireachtas Health and Children Committee will allow the issues to be carefully teased out and the views of different interested parties on these important and sensitive matters to be fully considered. I look forward to advancing these important matters in association with the Oireachtas Health and Children Committee as soon as possible.
27. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if he will advise the facts on social worker provision for children in foster care and children in other care settings across the regions; the steps he is taking to ensure that all children in care have a designated social worker; when he expects the position to be resolved; and if he will make a statement on the matter. [35743/14]
View answerThe Child and Family Agency compiles monthly performance reports which include statistics in relation to children in care. These reports are published on the Agency's website. The report for July 2014 shows that 6,062 of the 6,466 children in care had an allocated social worker and 5,854 had an up to date written care plan. 6,000 children were in foster care, 5,609 of whom had an allocated social worker and 5,434 had a written care plan.
The Agency has stated that it is their policy to ensure that all children in care have a Care Plan and that the Care Plan is reviewed as required by the Child Care Regulations. The Agency has advised me that day to day exigencies of service provision, such as staff absence due to annual, maternity and sick leave, can impact on services. The Agency further advised that there may be circumstances in which local decisions are made in regard to work planning within the context of service priorities, such as child protection workloads within an area or staff availability. In these circumstances, it may be determined that a ‘child in care review’ can be deferred for a short period. Such a decision will be made on the basis of risk assessment and would apply to particularly stable care placements. Special Care, High Support, Residential care and short term foster care are all prioritised for an allocated social worker. Ongoing provision of social work to children and foster families is ensured in these circumstances.
The Agency is in receipt of funding of €6.7m this year to alleviate identified service pressures and to support the continuing implementation of the reform programme across children and family services.
This funding is being targeted at a number of areas, including the replacement of staff on maternity leave by way of a 12 month temporary contract. Latest figures indicate that at the end of August, 164 staff were on maternity leave, 82 of whom were social workers. The Agency is also finalising proposals for the introduction of a guaranteed and protected one year induction programme for newly qualified social workers.
The Agency recruited 106 social workers up to the end of August this year and a further 148 posts are at various stages of recruitment.
The initiatives described above are designed to assist the Agency in responding to identified service pressures and to provide for a targeted response to such pressures, taking account of identified need and available resources.
28. Deputy Patrick O'Donovan asked the Minister for Children and Youth Affairs if he will provide an update on engagements his Department has had with his counterpart in Belarus with a view to concluding an agreement on inter-country adoptions between Ireland and Belarus; and if he will make a statement on the matter. [35434/14]
View answerIt is a matter for the Adoption Authority of Ireland to identify suitable Hague Convention countries and to engage with those Central Authorities to pursue administrative agreements to facilitate Hague compliant intercountry adoptions. The Adoption Authority of Ireland advises that while Belarus ratified the Hague Convention in July 2003, the Belarusian authorities suspended intercountry adoptions to all countries in 2004 to facilitate a review of Belarusian adoption laws, procedures and practices. The Authority advises that this suspension continues.
Complex constitutional and legal issues arise with regard to a number of criteria proposed by the Republic of Belarus in relation to intercountry adoption arrangements. These include the production of post-adoption reports, registration of the adopted child at the Belarusian embassy in London and consular visits to the homes of adoptive parents.
29. Deputy Jim Daly asked the Tánaiste and Minister for Social Protection the position regarding an application for supplementary welfare allowance in respect of a person (details supplied) in County Cork. [36169/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 29 August 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
30. Deputy John O'Mahony asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on his or her disability allowance; the reason for the delay in same; and if she will make a statement on the matter. [36181/14]
View answerI am advised by the Social Welfare Appeals Office that the disability allowance appeal of the person concerned was received in that office on 15 April 2014. In accordance with legislative requirements the appeal contentions were forwarded to the Department with a request that the appeal file and submission by the Deciding Officer be provided. These were received in the appeals office on 30 July 2014 and the appeal was forwarded to an Appeals Officer for consideration on 6 August 2014. I am advised that the Appeals Officer, having fully considered all of the available evidence, decided on 17 September 2014 to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer's decision.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
31. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection if she will consider extending the grace period during which carer's allowance is paid to a carer following the death of the caree; if she will consider introducing an additional grace period during which carer's allowance will continue to be paid to a carer upon the cared-for person entering long-term residential care. [36223/14]
View answerThe current position whereby Carers Allowance is retained for 6 weeks following the death of the care recipient is consistent with the approach taken by the Department in relation to payment after death across other schemes, such as the State Pension.
The period gives a reasonable time for the carer to apply to the Department for other benefits to which they might be entitled or, where a person returns to employment, to rearrange their financial affairs.
There are no plans to increase the grace period at this time or extend it to other circumstances.
