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Tuesday, 3 Nov 2015

Written Answers Nos. 596-615

Garda Misconduct Allegations

Questions (596)

Róisín Shortall

Question:

596. Deputy Róisín Shortall asked the Minister for Justice and Equality if she will establish an independent investigation into an incident (details supplied); if she is satisfied with the response of An Garda Síochána to the incident; and if she will make a statement on the matter. [38211/15]

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Written answers

The particular case to which the Deputy refers is amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.

The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted, to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. To date, 259 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.

Garda Station Refurbishment

Questions (597)

Fergus O'Dowd

Question:

597. Deputy Fergus O'Dowd asked the Minister for Justice and Equality to outline the details of the recently announced €1 million upgrade of Drogheda Garda station and the proposed works at Collon Garda station; when work will commence; and if she will make a statement on the matter. [38212/15]

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Written answers

The Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the Programme which includes new stations, major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the Office of Public Works (OPW) which has responsibility for capital expenditure in this area.

The refurbishment of Drogheda Garda Station and the provision of a PEMS (Property & Exhibit Management Stores) at Collon, Co Louth are included in the Programme.

I am advised by the OPW that proposals are being developed to provide increased facilities at Drogheda Garda Station by extending the main station building and by providing new locker facilities. Draft sketch scheme proposals are being prepared at present and will be forwarded to local Garda management for their consideration in due course, prior to the development of planning and tender documentation.

The Collon PEMS project together with a number of other Garda projects are to be financed by way of public private partnership (PPP). The development of these projects under PPP involves collaboration between my Department, An Garda Síochána, the Office of Public Works and the National Development Finance Agency (NDFA). In general the timescale for completion is dependant on the market’s response but projects of this type generally take in the region of three to four years to complete. Initial discussions have taken place between the stakeholders in relation to preliminary matters such as the governance arrangements that will need to be put in place. Once such matters have been finalised detailed discussions will be held between the stakeholders with a view to developing the necessary procurement documentation to allow the NDFA to invite proposals for the construction of the Garda projects included in the PPP.

Garda Misconduct Allegations

Questions (598)

Finian McGrath

Question:

598. Deputy Finian McGrath asked the Minister for Justice and Equality what action she intents to take in the case of the death of a person (details supplied) in examining the conduct of the An Garda Síochána and the Director of Public Prosecutions in the ensuing investigation; and if she will make a statement on the matter. [38240/15]

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Written answers

The particular case to which the Deputy refers is amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.

The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 259 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.

It should be noted, however, that the Review Mechanism's remit is allegations of Garda misconduct, or inadequacies in the investigation of such allegations. Insofar as any complaints in relation to the DPP are concerned, I must point out that the Office of the Director of Public Prosecutions is independent and that I, as Minister, have no legal role in relation to its functions. I also understand that the person concerned has commenced a civil action against the State in respect of issues raised in the complaint. The Deputy will appreciate that in these circumstances it would not be appropriate for me to comment further on any particulars of this matter.

Visa Applications

Questions (599)

Robert Dowds

Question:

599. Deputy Robert Dowds asked the Minister for Justice and Equality the conditions under which a Kosovan national living in Germany may come to live here to become a carer for a disabled Irish person. [38303/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in order to work in Ireland a non-EEA national must hold a valid employment permit. The Department of Jobs, Enterprise and Innovation is responsible for policy in this area and administers the Employment Permits System.

Only in circumstances where a permit has been granted should the visa required national make an application for an employment visa.

It is open to the applicant concerned to apply at any time for a visa to travel to Ireland for any purpose, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with the application. Any such application will be considered taking all the circumstances of the applicant into account.

Guidelines on the visa application process including details of the required supporting documentation can be found at www.inis.gov.ie Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).

Garda Station Refurbishment

Questions (600)

Joe Costello

Question:

600. Deputy Joe Costello asked the Minister for Justice and Equality for details of the proposed refurbishment of the Bridewell Garda station in Dublin 7; and if she will make a statement on the matter. [38359/15]

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Written answers

The Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works is based on agreed priorities which are established by An Garda Síochána. The Bridewell Garda Station is one of over thirty locations around the country will benefit from the Programme which includes major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the Office of Public Works (OPW) which has responsibility for capital expenditure in this area.

I am advised by the OPW that the works required to the Bridewell Garda Station will be carried out in a number of phases over a two year period. Work underway at present involves the significant upgrading of cell accommodation. This is expected to be completed in 2016 and will be followed by other necessary works that will improve the quality and operational capacity of the building, including measures that will ensure compliance with current building regulations. Further phases will involve the installation of new lifts and other interventions aimed at improving universal access to the building.

Migrant Integration

Questions (601)

Joe Costello

Question:

601. Deputy Joe Costello asked the Minister for Justice and Equality her Department's policy on migrants, including access to accommodation, employment, and legal protection; and if she will make a statement on the matter. [38360/15]

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Written answers

The Deputy will appreciate that his question is a very broad one and not all of the elements of it come under my Department's remit, even though, as Minister for Justice and Equality I have overall responsibility, on behalf of the Government, for Ireland's immigration system and policy.

When we talk about policy in relation to migrants we are really referring to non-EEA nationals and my reply relates to that cohort as EU nationals enjoy rights of free movement and can take up employment or operate businesses on much the same basis as Irish citizens.

My Departments overall policy on migrants is informed by a number of considerations. These include:

- what is in the best social and economic interests of the State;

- the security of the State and the people within it;

- Ireland's international obligations, for example those international protection and refugees;

- maintaining the integrity of the Common Travel Area;

- Fairness.

Policy in this area is essentially a matter of balancing the sometimes competing interests. Operationally the objective is to facilitate the coming to Ireland of those whose presence here is beneficial to the State, for example tourists or high skilled workers, etc. while protecting the State's borders against those whose presence would be harmful or otherwise undesirable.

Determining Ireland's need for non-EEA workers and the policy choices around that are matters for my colleague the Minister for Jobs, Enterprise and Innovation and dealt with at an operational level through the employment permits system. Employment rights similarly fall under the remit of that Minister. My Department will facilitate entry and residence to those granted an employment permit by the Department of Jobs, Enterprise and Innovation, assuming that there are no security or related concerns. Other non-EEA nationals are permitted to work by virtue of their immigration status, in particular those holding a Stamp 4 immigration permission.

Ireland has always lived up to its obligations and will continue to do so in the area of international protection, whether it is through processing cases for asylum and other protections for persons who claim asylum here or through specific programmes aimed at addressing international crises. In this regard, in September, the Government approved a package of measures - the Irish Refugee Protection Programme - which provides for a total of 4,000 persons to come to Ireland under the programme either through Resettlement of refugees from countries close to the conflict regions or under the EU Relocation Programme which is designed to alleviate the pressures on other EU Member State such as Italy and Greece.

Apart from those persons in the direct provision system, resettled refugees or those who will come to Ireland under the EU Relocation programme, my Department is not responsible for matters relating to accommodation and cannot confer entitlement via the immigration system to public housing or other services. Eligibility determination is a matter for the relevant Departments and agencies although they will generally have regard to immigration categories in doing so.

Visa Agreements

Questions (602)

David Stanton

Question:

602. Deputy David Stanton asked the Minister for Justice and Equality if US citizens residing here on a stamp 4 basis, who wish to marry a non-EEA national who is not residing here, are required to meet a member of An Garda Síochána or the Irish Naturalisation and Immigration Bureau to satisfy them that the relationship is not one of convenience; and if she will make a statement on the matter. [38368/15]

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Written answers

As the Deputy will appreciate, the Civil Registration function is a matter for my colleague the Tánaiste and Minister for Social Protection.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that under the terms of the Civil Registration (Amendment Act) 2014, a statutory framework has been created where the INIS and the Garda National Immigration Bureau (GNIB) work closely with Registrars to prevent marriages of convenience taking place and to ensure no immigration advantage is gained as a result.

Insofar as the category of persons referred to by the Deputy is concerned, I am advised by INIS that there is no requirement for either party to this proposed marriage to meet with immigration officials or members of GNIB.

Electronic Tagging

Questions (603)

Denis Naughten

Question:

603. Deputy Denis Naughten asked the Minister for Justice and Equality the reason she has not signed the commencement order for sections 11,12 and 13 of the Criminal Justice Act 2007; the recommendations of the project board, led by the Probation Service, which in 2009 examined the implementation of electronic monitoring; if any concerns raised with regard to the operation of these sections were identified, and if so, if such concerns were relayed to the Law Reform Commission in advance of its review of the Act, which was published in 2014; the way in which the provisions regarding electronic tagging in the proposed bail Bill will differ from those within the Act; and if she will make a statement on the matter. [38371/15]

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Written answers

Sections 11, 12 and 13 of the Criminal Justice Act 2007 provide for the introduction of electronic monitoring as a condition of bail at the discretion of the court. However, due to issues relating to the operational effectiveness of untargeted electronic monitoring, these provisions have not been commenced.

Experience in other jurisdictions has shown that electronic monitoring has significant limitations. For example, the report on the Scottish pilot of electronic monitoring as a condition of bail found that neither the aims of increasing public safety perceptions nor reducing the custodial remand population had been achieved in any significant way. The report also found electronic monitoring for persons on bail to be more expensive than custodial remand and in the circumstances it was decided not to introduce electronic monitoring on a national basis in Scotland in connection with the granting of bail.

The Deputy will appreciate that, in the overall context, electronic monitoring would not stop a person on bail committing a serious offence and, in addition, the equipment that would be used can be subject to technical failures or blind spots. As it is not feasible to monitor live the movements of a large number of persons, jurisdictions are primarily compelled to use historical data rather than live data to monitor compliance with electronic monitoring. Furthermore, the equipment can be removed or disabled, which may register as a breach of conditions but it also means that the person will be unmonitored at that stage.

While, as I have indicated, there are issues involved in relation to electronic monitoring, I believe that it has the potential to be effective as a means of enhancing compliance with bail conditions in appropriate cases. For this reason, I will be bringing forward streamlined proposals for electronic monitoring in the new Bail Bill, which is being drafted on a priority basis with a view to its publication in the current parliamentary session. The Bail Bill will provide that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for such a condition. This will facilitate the focused and targeted use of electronic monitoring for persons on bail.

In 2009, a project group was established to examine the potential to use electronic monitoring in the management of offenders. Having considered the experience in other jurisdictions of the monitoring of persons on bail, the project group recommended that electronic monitoring for such persons should not be introduced until a programme was in place for electronic monitoring of prisoners granted early release. Given the operational limitations involved, electronic monitoring has been used in relation to a relatively small number of these prisoners.

In 2014, the Law Reform Commission published an administrative consolidation of the Criminal Justice Act 2007 to take account of the amendments made to the Act. In the course of this exercise the Commission did not undertake a review of the operation of the 2007 Act.

Garda Deployment

Questions (604)

Brendan Smith

Question:

604. Deputy Brendan Smith asked the Minister for Justice and Equality her plans to ensure that additional Garda Síochána will be assigned to the Cavan-Monaghan division; and if she will make a statement on the matter. [38378/15]

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Written answers

As the Deputy will be aware the Garda Commissioner is responsible for the distribution of resources, including personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year. To date there has been five intakes of Garda Trainees to the Garda College, giving a total intake of 475. It is planned that a further 75 recruits will enter college by the end of November, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and in this regard ten new probationer Gardai have been assigned to the Cavan/Monaghan Garda Division this year.

The increased budget allocation for An Garda Síochána in 2016 which I recently announced, provides for the recruitment of 600 new Gardaí in addition to the 550 that will be recruited by year end. This will bring the total number of trainee Gardai recruited since September 2014 to 1,150 by the end of 2016. The ongoing recruitment of new Gardaí is crucial to An Garda Síochána and for the safety of communities throughout the State. This ramped-up recruitment underscores the determination of this Government to deliver an effective, responsive police service to protect our communities and respond to emerging crime trends.

Visa Applications

Questions (605)

Bernard Durkan

Question:

605. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected position regarding an application for visas by persons in County Kildare (details supplied). [38395/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that on-line visa applications were made on 28 October, 2015. However, the supporting documentation has not yet been submitted to the Abu Dhabi Visa Office for processing.

It is open to the applicant concerned to apply at any time for a visa to travel to Ireland for any purpose, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with the application. Any such application will be considered taking all the circumstances of the applicant into account. However, the Deputy will be aware that our visa system is not intended to be a protection system.

Guidelines on the visa application process including details of the required supporting documentation can be found at www.inis.gov.ie

If the applicants are resident in Syria, they need to submit their applications to the Syrian Honorary Consul in Damascus and it will be referred to the Irish Visa Office in Abu Dhabi. If they are unable to submit it there, they can submit it to one of the other Irish Embassies or Consulates in the surrounding area or directly to the Irish Visa Office in Abu Dhabi. Further information can be found on the website of the Irish Embassy in Abu Dhabi at www.embassyofireland.ae

Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).

Question No. 606 answered with Question No. 534.

Departmental Staff Career Breaks

Questions (607)

Finian McGrath

Question:

607. Deputy Finian McGrath asked the Minister for Justice and Equality the number of civil servants under her remit that have been reinstated in recent years after taking a career break; and if she will make a statement on the matter. [38730/15]

View answer

Written answers

I wish to inform the Deputy that Circular 4/2013 sets out details of the Career Break Scheme in the Civil Service. The Scheme provides that civil servants may be granted special leave without pay for a specific reason. A career break may be granted for family reasons, other domestic reasons, travel, educational purposes, taking up employment in the private sector or becoming self-employed. Career breaks may be granted for a period of at least six months up to a maximum of 3 years for taking up employment in the private sector or becoming self-employed and a maximum of 5 years for other reasons. Eligible staff may, in general, avail of three career breaks during their career in the Civil Service subject to a maximum of 12 years in total. On completion of a career break, an officer will be assigned to the next appropriate vacancy, with a guarantee of re-employment in his/her original grade (in line with redeployment arrangements in place), within twelve months of the end of the career break. Circular 4/2013 revoked Circular 18/1998 -Special Leave without pay for career breaks.

The Deputy may also wish to note that Circular 13/ 2009 - Special Civil Service Incentive Career Break Scheme 2009 was introduced as a once-off measure that was included in the Supplementary Budget on 7 April 2009. The closing date for participation in this scheme has expired.

The number of staff of my Department who availed of a career break and were subsequently re-instated under my remit in recent years under Circular 4/2013, Circular 13/2009 and Circular 18/1998 is set out in tabular form below.

-

2015

2014

2013

Department of Justice and Equality

9

10

33

Irish Prison Service

3

4

6

Legal Aid Board

2

1

3

Property Registration Authority

5

2

3

Courts Service

0

0

1

Probation Service

0

1

4

An Garda Síochána

7

11

8

Total

26

29

58

Domestic Violence Refuges Provision

Questions (608)

Paul Murphy

Question:

608. Deputy Paul Murphy asked the Minister for Children and Youth Affairs if there is an inspectorate for refuges for those persons escaping domestic violence; if this inspectorate examines the standards of the buildings used, cleanliness and safety; and if he will make a statement on the matter. [37649/15]

View answer

Written answers

The information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.

Child Care Services Provision

Questions (609)

Eric J. Byrne

Question:

609. Deputy Eric Byrne asked the Minister for Children and Youth Affairs if he will support an organisation (details supplied) in Dublin 10; and if he will make a statement on the matter. [37709/15]

View answer

Written answers

My Department currently provides approximately €260 million annually to childcare services in both the private and community/not for profit sectors for the delivery of a number of childcare support programmes. This investment supports more than 100,000 children each year.

Community/not for profit childcare providers are eligible to participate in all of the childcare programmes implemented by my Department. I announced in Budget 2016 additional annual funding of €85 million to support the achievement of affordable, accessible, high quality childcare. This funding represents an increase of 33% in the annual investment in childcare supports and provides for the significant enhancement of a number of programmes implemented by my Department.

In relation to the childcare service referred to by the Deputy, funding totalling €333,672 has been provided to this service under the Community Childcare Subvention (CCS) programme since 2012. This enables the service to provide childcare at reduced rates to low income and disadvantaged families. I recently announced the lifting of restrictions on the provision of additional places by community services participating in the CCS programme. This will enable services to increase the number of children and the services provided for under the programme.

Further funding totalling €34,186 was provided to the service under the Early Childhood Care and Education (ECCE) programme during this period. I wish to point out that in Budget 2016 I announced the expansion of the ECCE programme to provide pre-school places for children when they reach the age of 3 years until they make the transition to primary school. I also restored the capitation payments to pre-2012 levels which means that the standard capitation payment will be increased from €62.50 to €64.50 per week for each eligible child and the higher capitation rate from €73 to €75 per child per week. This will assist childcare providers to address some of the cost issues that impact on their services.

My officials recently made enquiries with Pobal, who administer the funding under the Community Childcare Subvention on behalf of my Department. Pobal report that, based on the financial returns made by the service to Pobal, they would have no concerns with regard to the sustainability of the service at that point in time.

Child Care Costs

Questions (610)

Eoghan Murphy

Question:

610. Deputy Eoghan Murphy asked the Minister for Children and Youth Affairs if he is considering measures in the area of child care costs, which would assist working parents of children in primary school, for those hours between the end of the school day and the end of the working day. [37724/15]

View answer

Written answers

I established an Inter-Departmental Group earlier this year to consider options for future investment in early years and after-school childcare. This Group reported to Government in July this year, setting out a range of options for future investment to enhance affordablility, increase the accessibility and improve the quality of early years and after-school childcare. The recommendations of the Group, some of which relate to after-school childcare, were considered as part of the Estimates process prior to Budget 2016.

A number of measures were introduced in Budget 2016 including a €3 million capital fund, which will be provided to enable both community/not-for-profit and private providers to develop after-school childcare services using existing school and other accessible community facilities. Work will also begin on the development of Quality Standards for After-School Childcare, along with a consultation with children on their views about after-school childcare.

These new developments add to the range of programmes implemented by my Department to assist parents in accessing quality and affordable after-school childcare. These include:

- The After-School Childcare (ASCC) programme that provides after-school care for primary school children of eligible parents for a period of 52 weeks. Eligibility for the programme is determined by the Department of Social Protection. The programme contributes €40 per week for an after-school place or €80 per week in situations where the childcare service provides a pick-up service that collects the child from school. The programme also provides a full day care rate of €105 per week, for a maximum of 10 weeks, to cater for school holiday periods. In all cases, the maximum fee payable by parents is €15 per week per child.

- The Community Employment Childcare (CEC) programme, which is targeted specifically at participants in the Community Employment (CE) schemes operated by the Department of Social Protection. Under this programme, €80 per week is provided for pre-school places for children up to the age of 5 and €40 per week for after-school places for primary school children up to the age of 13, with a set charge of €15 per week to the parent in either case. The programme also provides a part time day care rate of €80 per week, for a maximum of 10 weeks, to cater for school holiday periods. Places are approved for 50 weeks. Eligibility for the CEC programme is determined by the Department of Social Protection.

- The Childcare Education and Training Support (CETS) programme, which provides childcare places, including part-time and after-school places, to qualifying Solas or Education and Training Boards (ETB) trainees or students for the duration of their courses. Eligibility for the CETS programme is determined by the Department of Education and Skills. The Community Childcare Subvention (CCS) programme provides funding to community childcare services to enable them to provide quality childcare, including after-school care, at reduced rates to disadvantaged and low income working parents.

Child Care Costs

Questions (611)

Eoghan Murphy

Question:

611. Deputy Eoghan Murphy asked the Minister for Children and Youth Affairs the cost of providing one month of free preschool care. [37725/15]

View answer

Written answers

The Early Childhood Care and Education (ECCE) programme currently provides a free pre-school year to all eligible children before commencing primary school. Funding of over €170 million is provided for the ECCE programme annually in which some 67,000 children participate.

This programme is delivered for three hours per day, five days per week, over 38 weeks (183 days per year), and capitation fees are paid to participating services on the basis of this provision. The standard capitation fee is currently €62.50 per week per eligible child with a higher capitation fee of €73 per week for services with more highly qualified staff. The cost of increasing the number of weeks from 38 to 42 (i.e. by 4 weeks) (under the current programme and capitation rates) would be an additional €20 million per annum approximately.

Capitation Grants

Questions (612)

Brendan Griffin

Question:

612. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs if a child care facility (details supplied) in County Kerry will be provided with the higher capitation in 2015 for two early child care and education preschool rooms, with the required staffing level 7 qualifications; and if he will make a statement on the matter. [37161/15]

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Written answers

Prior to 2010, there was no education qualification requirement for staff working with children in the early years sector. This changed with the introduction of the free pre-school year under the Early Childhood Care and Education programme, whereby pre-school leaders are required to have a minimum of a Major Award at Level 5 on the National Framework of Qualifications (NFQ) (or equivalent) to qualify for the standard capitation rate and a Level 7 Major Award (or equivalent) and 3 years experience working in the sector to qualify for the higher capitation rate.

It is also a requirement for pre-school services applying for the higher capitation payment that the number of pre-school leaders/pre-school assistants, in each room where eligible children are being cared for, satisfy the adult/child ratios as set out for the programme and which is outlined below -

Up to 11 children 1 Pre-School Leader

12 to 22 children 1 Pre-School Leader and 1 Pre-School Assistant

23 to 33 children 2 Pre-School Leaders and 1 Pre-School Assistant

33 to 44 children 2 Pre-School Leaders and 2 Pre-School Assistants

It is stressed that the higher qualified staff attracting the higher capitation rate must work directly with the children at all times during the ECCE sessions.

As part of the Early Years Quality Agenda, new qualification requirements for early years practitioners are being introduced in 2016. All staff caring for children in an early years service will be subject to a minimum qualification requirement of Level 5 on the NFQ (or equivalent), while pre-school leaders delivering the ECCE programme will require a Level 6 on the NFQ (or equivalent).

The higher capitation payment must be applied for on an annual basis and if the pre-school provider in question considers that they meet the relevant criteria, they should submit an application form together with the relevant documentation to the Early Years Policies and Programmes Unit in my Department.

Preschool Services

Questions (613)

Robert Troy

Question:

613. Deputy Robert Troy asked the Minister for Children and Youth Affairs the source of the figure he cited on a programme (details supplied) on RTE that there are 10,000 vacant and unoccupied places in preschools; if it comes from the latest annual Pobal survey in 2014, his views that this survey's statistics are not a reliable indicator of free capacity in the preschool sector, given that they come from a single survey that will be two to three years old when the early childhood care and education scheme expansion takes place in September 2016; and his plans for undertaking a more comprehensive, contemporaneous and reliable survey of capacity in the preschool sector prior to implementing the expansion of the scheme. [37238/15]

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Written answers

The figure of 10,000 vacancies was derived from the Annual Survey of the Early Years Sectors, which was conducted by Pobal on behalf of my Department. This survey, which was conducted in December 2014 and its findings published in July of this year, yielded a response rate of almost 64 percent.

The figure of 10,000 vacancies represents a conservative estimate of the number of vacancies for sessional services across the country and takes account of national waiting lists figures.

The estimated number of all vacancies in early years services in December 2014 stood at 31,146. 15,737 of these vacancies were for sessional services. When the estimated number of children on a waiting list was taken into account (i.e. 6,912 on a waiting list, of which 2,687 were on a waiting list for a sessional service), the actual number of vacancies for all services and for sessional services only were actually 24,234 and 13,050 respectively.

The expansion of the free pre-school programme is expected to increase the number of children benefiting from around 67,000 to around 127,000, however the higher level of participation will not arise until April 2017.

In order to provide the sector with the time to expand provision to meet demand, a decision was made to implement the new measures from September 2016. This timeframe will allow pre-school providers to make any necessary infrastructural or service changes and to put in place extra staff resources to accommodate the additional demand. The City and County Childcare Committees will be in a position to help parents identify pre-school providers within their area with sufficient capacity to enrol additional children.

Departmental Expenditure

Questions (614)

Pearse Doherty

Question:

614. Deputy Pearse Doherty asked the Minister for Children and Youth Affairs the estimated expenditure of his Department in 2015, in tabular form; the budget for expenditure agreed at the start of the year for 2015; the extra expenditure or savings in this budget during the year to date; when and under what process this expenditure and these savings were approved; and his Department's budget for expenditure in 2016. [37257/15]

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Written answers

The Table below sets out details of the funding allocations that were made available to my Department, by Programme area, under the 2015 Revised Estimates for Public Services. The table also contains the corresponding provisions for 2016 as announced recently under Budget 2016.

2015 Estimate

2015 Estimate

2015 Estimate

Programme Expenditure

Budget 2016

Budget 2016

Budget 2016

Current

€000

Capital

€000

Total

€000

Current

€000

Capital

€000

Total

€000

653,912

26,000

679,912

A. Children and Family Support Programme

647,143

14,500

701,643

316,721

9,000

325,721

B. Sectoral Programmes for Children and Young People

401,156

10,500

411,656

21,034

0

21,034

C. Policy and Legislation Programme

24,512

0

24,512

991,667

35,000

1,026,667

Gross Total

1,112,811

25,000

1,137,811

26,656

0

26,656

Less Appropriations –in-Aid

25,450

0

25,450

965,011

35,000

1,000,011

Net Total

1,087,361

25,000

1,112,361

The Deputy might note that the spending pattern to date in relation to the 2015 funding allocation in the Vote shows varying fluctuations in Programme outlays some of which are above the expenditure profile while others are below the projected level. The variation at this time is primarily due to timing factors relating to the drawdown and disbursement of the funds. Budget ceilings for the implementation and delivery of programmes and services have not been exceeded or altered. Such a position is reflective of the general spending pattern throughout any given year which will give rise to variations against spending profile at any given time. My Department will be continuing to monitor expenditure across all programmes between now and the end of the year.

Early Childhood Care and Education

Questions (615)

Ciaran Lynch

Question:

615. Deputy Ciarán Lynch asked the Minister for Children and Youth Affairs the flexibility available under the early childhood care and education scheme regarding the birth date of a child (details supplied); and if he will make a statement on the matter. [37313/15]

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Written answers

At present, children qualify for the Early Childhood Care and Education (ECCE) programme when they are within the qualifying age range which is 3 years and 2 months to 4 years and 7 months in the September of the relevant year. This means, for example, that children born between 2 February 2011 and 30 June 2012 will qualify in the school year commencing in September 2015. The child in question was born in July 2012 and is below the age range for eligibility for the programme in the school year 2015/16 but will qualify in the school year 2015/16. There is currently no provision under the programme to enrol children who are below the qualifying age.

The recent Budget decisions, which introduced an expanded provision under the ECCE programme that allows children to access the free pre-school programme from the time they are 3 years of age until they start primary school, come into effect from September 2016. The start up date for the introduction of the new measures was decided so as to allow pre-school providers an adequate timeframe to make any necessary infrastructural or service changes and to put in place extra staff resources to accommodate the additional numbers benefiting from the programme.

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