Written Answers Nos. 1182-1201
1182. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation her views on an organisation (details supplied) and the intention to unilaterally change the existing employment contracts of worker which will result in reduced pay and conditions for long-serving workers; and if she will make a statement on the matter. [9860/16]
View answerThere is a robust suite of employment rights legislation in place providing protection for employees, including legislation governing working time and pay. This includes the National Minimum Wage Act 2000, the Payment of Wages Act 1991, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Protection of Employees (Part-Time Work) Act 2001, the Protection of Employees (Fixed-Term Work) Act 2003 and the Protection of Employees (Temporary Agency Work) Act 2012.
I understand the dispute at issue relates to proposed changes to employee contracts that set out their terms and conditions of employment. I also understand that the parties have had some engagement with the State’s industrial relations machinery and would like to assure the Deputy that the Workplace Relations Commission and the Labour Court if required remain available, to assist in this dispute and I welcome the suspension of proposed industrial action to allow further talks to take place.
Even what often appears to be the most intractable of disputes is capable of resolution where both sides engage constructively and in good faith in this voluntary process. The principle of good faith implies that both sides in a dispute make every effort to reach an agreement and endeavour, through genuine and constructive negotiations, to resolve their differences.
Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, whether in redundancy or other collective disputes, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanisms to support parties in their efforts to resolve their differences.
1183. Deputy Willie O'Dea asked the Minister for Jobs, Enterprise and Innovation if she is aware that the allowance for board and lodgings for domestic workers has not been altered since minimum wage legislation was first introduced; if and when she will change these provisions; and if she will make a statement on the matter. [9934/16]
View answerDomestic workers, sometimes described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage. The National Minimum Wage Act 2000 defines a contract of employment as a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law.
Under the National Minimum Wage Act 2000, certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate.
In this context, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay. (The term ‘full board’ means an entitlement to meals during the day), as follows:
- €54.13 for board and lodgings per week, or €7.73 per day;
- €32.14 for board only per week, or €4.60 per day;
- €21.85 for lodgings only per week, or €3.14 per day.
The inclusion of this provision in the National Minimum Wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage. It was the view of the Inter-Departmental Group that the monetary value of the allowances for the purpose of the National Minimum Wage would not be set at market value but rather would be similar to the amount provided for in Employment Regulation Orders.
The National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) provided for the amounts specified.
There are currently no plans to make changes to these provisions. However, I am very conscious of the passage of time since these rates were set and I will keep this in mind in my consideration of this issue over the coming weeks.
1184. Deputy Frank O'Rourke asked the Minister for Jobs, Enterprise and Innovation if she has met or has requested a meeting with the management of Intel in Ireland, given the company’s recent announcement; and if she will make a statement on the matter. [10108/16]
View answerSince my appointment, I have closely monitored developments in connection with Intel’s recently announced restructuring plans. I understand the company has initiated a process of offering voluntary redundancies to some staff, although the final outcome of this process is not yet clear.
I intend to discuss the issue with Intel company representatives in the near future. I have also asked that IDA Ireland maintain their ongoing contact with the company, both to seek to minimise the impact of any redundancies and to help the company build on its existing operations here. Immediately before I took up office, my predecessor, Richard Bruton T.D., held discussions with the company about the situation and officials of my Department also met with Intel representatives last week.
1185. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation if she will restructure indigenous enterprise policy to include all types of firms and all sectors including import and export, rural and urban with a specific focus on developing small business viewing them with the potential of becoming exporters into the future; and if she will make a statement on the matter. [10399/16]
View answer1187. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation if she will establish an agency, similar to that of IDA Ireland, for the development of small businesses in Ireland given that small businesses employ nearly 1 million persons or over 70% of the private sector in Ireland with potential to employ many more if expansion was adequately supported; and if she will make a statement on the matter. [10401/16]
View answerI propose to take Questions Nos. 1185 and 1187 together.
The Government is acutely aware of the importance of the small business sector and its potential for generating employment and our Programme for Government fully recognises this fact. Since 2011, the Government has launched a range of measures to improve the competitiveness of the economy, to provide a range of supports for the start-up and growth of small business, to reduce red tape and other costs, and to get credit to good businesses to support the maintenance of existing jobs and the creation of new ones.
These measures, across a range of policy areas and agencies, are captured in the Annual Action Plan for Jobs, which ensures a consistent and comprehensive approach to supporting business development.
The newly launched Regional Action Plans will ensure that at local level, all of the necessary supports are available to encourage new business start-ups and development and that job creation is spread evenly across the country.
In one particularly acute area of policy – namely the ability of small businesses to access finance – we have introduced a number of measures in recent years notably the SME Credit Guarantee Scheme and Microfinance Ireland.
We will continue to listen to the needs of small business through the Small business Advisory Group, as well as the Retail Forum, both of which are chaired by my Department.
As a small open economy, sustainable long term economic growth is dependent on continued success in international markets. Our policy focus is on export led growth in the first instance, driven by innovation, competitiveness and productivity.
We know from the progress achieved in restructuring the economy since 2011 that a competitive export-led enterprise base is at the heart of Ireland’s longer term economic growth prospects. The potential to reach 2.180 million in employment by 2020 is based on the premise of export-led growth and would see an additional 266,000 people at work from a 2014 base. Our strategy is to build up all sectors in the economy and to ensure that progress is balanced across the country. With limited financial resources, it is also important that our strategic interventions and supports have a particular focus on deriving the maximum impact and national economic value. We must minimise the risks of investing in deadweight projects that would have happened in any event and in the displacement of one business with another.
The Government’s role is to create the right conditions needed for sustainable, rebalanced economic growth. Markets can’t function without impartial regulation and enforcement of contracts, effective competition policy and the rule of law. So our role is about providing leadership and setting direction, setting the right policy frameworks and investing selectively. Government also provides direct supports to businesses that meet the necessary criteria but grants are only available to enterprises with the capacity to export. This has always been an important policy principle which shall remain.
Since the 1990’s it has been acknowledged that the attraction of foreign direct investment must be complimented by a clear national effort to develop and grow our own domestic base of exporting companies and to develop clear national advantage in key sectors of strength. We will compete by increasing productivity, by developing higher-end products and services, and by being the first to tap into new niche markets.
Our indigenous enterprise policy is focused on supporting a greater number of start-ups with better survival rates, more Irish owned companies of scale, more companies increasing their investment in research, development and innovation to boost their competitiveness, and more enterprises exporting across a range of markets. The challenge of the new Government is to prioritise where we will place further efforts to best effect over the coming years - so that we continue to achieve positive results and make a difference to our enterprise sector.
Enterprise Ireland is the body charged with developing the indigenous exporting company base. With an annual budget of €300m EI provides direct grants to business and takes equity in start-ups with potential. It supports management capability and innovation in companies that want to grow, supports the provision of seed and venture capital to enable more high quality start-ups to expand and it invests in the R&D capability in third-level colleges and the commercialisation of research.
We have a narrow base of exporters and not enough Irish firms growing internationally. We have endeavoured to align our policies and invest in those areas that will support longer term sustainable enterprise growth and stability. These policies are working well. Export intensity in Irish owned enterprises has increased from levels of 37% of total sales in 2003 to 51% in 2014, showing continued improvements in our indigenous firm capacity, capabilities and competitiveness. Enterprise Ireland has in recent years established a Potential Exporters Division to help Irish companies to look outside the domestic market.
Another major policy initiative in recent years has been the creation of the Local Enterprise Offices as the ‘first stop shop’ service for all entrepreneurs and micro- businesses. LEOs can offer information and advice on setting up or expanding a business, including the variety of supports available. They can offer ‘soft supports’ in the form of training or mentoring and in certain circumstances can offer financial support or referral to Microfinance Ireland loans.
Finally, I should mention that the range of supports to budding entrepreneurs and small businesses are available via the online Supporting SMEs Toolkit which can be accessed at http://www.supportingsmes.ie.
1186. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation if she will examine the issues that affect seasonal workers, particularly in the fishing sector; her plans in response to a study on the prevalence of zero-hour contracts as carried out by her predecessor; and if she will make a statement on the matter. [10400/16]
View answerIreland’s comprehensive suite of employment rights legislation sets out protections for all workers, including seasonal workers, regardless of the sector in which they work. Seasonal workers are often engaged on a part-time basis, and the Protection of Employment (Part-Time Work) Act 2001 provides robust protections for such workers. It provides that a part-time employee cannot be treated less favourably than a comparable full-time employee regarding conditions of employment, and that all employee protection legislation applies to a part-time employee in the same manner as it already applies to a full-time employee. The Protection of Employees (Fixed-Term Work) Act 2003 which provides that fixed-term workers may not be treated less favourably than comparable permanent workers may also be of relevance in the context of seasonal workers.
As the Deputy is aware, the University of Limerick was appointed in February 2015, following a competitive tendering process, to carry out a study into the prevalence of zero hour contracts and low hour contracts in the Irish economy and their impact on employees. The study, published in November, 2015, found that zero hour contracts as defined within current Irish employment rights legislation are not extensively used in Ireland. It found low working hours can arise in different forms in employment contracts, such as regular part-time contracts with fixed hours or a contract with “If and when” hours only or a hybrid of the two. If and when contracts are contracts where workers are not contractually required to make themselves available for work.
The UL report made a range of recommendations relating to contracts, hours of work and notice, minimum hours, how contracted hours should be determined, collective agreements, data gathering and wider contextual issues.
It is important to point out that the UL study was an independent study and the conclusions drawn and the recommendations made in it are those of UL. Therefore, it was essential that the various stakeholders who contributed to the study and indeed other interested parties who may not have had an opportunity to engage with UL, were given an opportunity to consider and respond to the report.
To this end, my Department sought submissions from interested parties by way of a Public Consultation. A large number of submissions were received by 4 January 2016, the closing date for receipt of such submissions. The responses contain a variety of views both for and against the findings and recommendations as made by UL, which require, and are currently being given, careful consideration by my Department. This will inform the policy response to be considered by Government arising from the study.
1188. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation the number of site visits by IDA Ireland and Enterprise Ireland in the Kells local enterprise area, County Meath, since the advent of the new regional aid guidelines with grants for employment and capital support in Kells; the nature of the advertising and marketing campaign to attract jobs and investment to Kells following on from the revised regional aid guidelines; and if she will make a statement on the matter. [10481/16]
View answerSince the 2014-2020 Regional Aid Guidelines under EU State Aid rules entered into force, IDA Ireland is able to support large companies (those which employ over 250 employees globally) to invest and expand in the Local Electoral Area of Kells through capital and employment incentives. Under these EU rules, this is the only part of Meath where IDA Ireland can provide this type of support to such companies. In addition to this support, IDA Ireland can also provide grants for research, development and innovation, as well as for upskilling staff. These grants can be provided to companies elsewhere in Meath as well as in Kells. SMEs can also be supported to set up and expand throughout Meath, facilitated by Enterprise Ireland and the Meath Local Enterprise Office.
In 2015, there were 1,571 IDA Ireland-supported jobs in Meath, up from 1,552 in 2014. There were 6,855 Enterprise Ireland–supported jobs in the county for the same year, which was a net increase of 387 from 2014.
IDA Ireland markets Meath as part of its Mid-East region, along with Kildare and Wicklow. There were nine IDA Ireland-sponsored site visits to the county in the last two years. For reasons of client confidentiality and commercial sensitivity IDA Ireland does not comment on site visits by individual companies or on site visits to specific locations. As Enterprise Ireland’s core focus is supporting the internationalisation of indigenous companies, it does not arrange site visits of a type similar to IDA Ireland.
Already this year, two large investments in Meath have been announced by client companies. In April, Facebook announced the construction of the company’s newest data centre in Clonee. In the same month Shire plc announced plans to expand its global biotechnology manufacturing capacity with the creation of 400 jobs in Piercetown.
In 2014, there were a number of smaller announcements for Kells, through the combined efforts of Connect Ireland and IDA Ireland, with the creation of 50 jobs.
1189. Deputy James Browne asked the Minister for Jobs, Enterprise and Innovation her plans to recognise the au pair programme; if so, the manner in which; and if she will make a statement on the matter. [10576/16]
View answerThere is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage.
The recent WRC decision regarding an individual working as an Au Pair does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.
1190. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation the status of the full implementation of the Construction Contracts Act including when persons will be able to avail of it; and if she will make a statement on the matter. [10593/16]
View answerThe provisions of the Construction Contracts Act, 2013 will apply to certain construction contracts entered into after the 25th July 2016 in accordance with Statutory Instrument No. 165 of 2016 entitled 'Construction Contracts Act, 2013 (Appointed Day) Order 2016'. From that date the parties to a construction contract covered by the Act must ensure that the contract conforms to its provisions.
The Act provides, subject to some exceptions, new minimum contractual provisions concerning payment arrangements between the parties to a construction contract. If a payment dispute does arise between the parties in respect of a contract entered into after the 25th July 2016, either party will have the right to refer the payment dispute for adjudication, which will be concluded within a set timeframe. Where the parties cannot agree on an adjudicator, an application can be made by one of the parties to the Chairperson of the Ministerial appointed Panel of Adjudicators, who will appoint an adjudicator from that Panel to make a determination in respect of the payment dispute.
I will publish a Code of Practice on the conduct of adjudications under section 9 of the Act in the coming weeks, following which there will be a public information campaign undertaken by my Department.
1191. Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation if she will issue a grant to a centre (details supplied). [10602/16]
View answerLast year, the Government announced details of the 5-year, €250 million Regional Action Plan for Jobs, aimed at accelerating the jobs recovery in every part of the country. Under the Regional Plan, Enterprise Ireland launched a competitive call, the Community Enterprise Initiatives Fund, with a budget of €5 million over two years, which focused on community-driven enterprise initiatives and how all the local players, public and private, can work together to maximise job creation. The Fund was open to organisations or groups of organisations with innovative ideas to create jobs, promote entrepreneurship, boost innovation or enhance exports. As this is a competitive fund, due to limited funding, it may not be possible to award aid to all eligible projects.
The results of the competitive Community Enterprise Initiative Scheme will be announced shortly.
1192. Deputy Patrick O'Donovan asked the Minister for Jobs, Enterprise and Innovation if her Department will consider reviewing the fees being awarded to liquidators as part of liquidation processes; if she is satisfied that the scale of the fees being paid fairly reflects the role being undertaken; if her Department has any evidence of excessive amounts being paid to liquidators as part of the process; and if she will make a statement on the matter. [10665/16]
View answerThe fees of liquidators are a matter for any company seeking to wind up its operations. I have no direct role in the setting of liquidators fees. However, the procedure for fixing a liquidator’s remuneration is on a statutory footing (section 646 of the Companies Act, 2014). Accordingly, the terms upon which a liquidator has an entitlement to remuneration are set by the creditors or the committee of inspection (for court ordered windings-up or creditors’ voluntary windings-up) or by members (for members voluntary windings-up). There is also a residual power for the court to set remuneration, or appoint a person to fix the amount of remuneration if it is not so set. Liquidators must seek to have their entitlement to remuneration set as soon as possible after being appointed. Provision has also been made regarding the terms upon which a liquidator’s entitlement to remuneration may be varied and ensures that no variation may, without the consent of the liquidator, reduce the entitlement of the liquidator to remuneration for work that may already have been performed.
The role of a liquidator is one requiring skill and knowledge of company law. The purpose of a liquidator is to wind up a company in an efficient fashion and to ensure that the rights of shareholders and creditors (including employees) are met. Furthermore, the functions and powers of a liquidator are potentially of a great importance in the detection of breaches of company law, the prosecution of such breaches and enforcement of company law generally. The significance of the role of liquidators is reflected in the new requirement that a person standing for appointment as a liquidator must have specific qualifications and indemnity insurance.
1193. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the number of available and occupied prison places by prison and by juvenile detention centre; if further accommodation is required; her plans to provide this; and if she will make a statement on the matter. [10623/16]
View answerI am advised that my legal remit in this area extends to the children detention schools under Part 10 of the Children Act 2001. The adult prison system is under the legal remit of my colleague, the Tánaiste and Minister for Justice and Equality.
The number of children in custody in the children detention schools, Oberstown, Lusk, Co Dublin, as of 13 May 2016 is outlined in the following table:
|
Children Detention School |
Remand |
Committal (serving a sentence) |
Total in custody 13.5.16 |
Certified Operational Capacity |
|
Oberstown Boys School |
7 |
16 |
23 |
24 |
|
Oberstown Girls School |
0 |
0 |
0 |
6 |
|
Trinity House School |
10 |
11 |
21 |
24 |
On 30 March 2015, the total operational capacity of the Oberstown campus for boys increased from 40 to 48 places, with an additional unit of accommodation brought into use.
The current certified detention capacity on the Oberstown campus is spread across 7 residential units of accommodation (6 for boys, 1 for girls).
There are 3 further residential units in Oberstown that are not in operational use at present. It is intended to bring these units into operational use when staffing levels on the Oberstown campus permit.
1194. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the facilities available to protect children at risk; the number of referrals to the appropriate bodies recorded in the past two years; if she will make further provision if backlogs occur; and if she will make a statement on the matter. [9439/16]
View answerThe Child and Family Agency, Tusla, holds the statutory responsibility for child welfare and protection, and is the appropriate body to receive reports of concerns relating to children at risk.
Each referral received by the Agency is assessed and dealt with on an individual basis by the relevant social work team. Preliminary screening is aimed at establishing the appropriateness of the referral to Tusla services and, if necessary, is followed by an initial assessment of the concern to determine the best course of action for the child and their family. Over half of all referrals received by Tusla are welfare concerns and Tusla's policy is to refer these to relevant family and community support services. At any stage, if a determination is made that there is abuse, whether physical, emotional, sexual or neglect, from which there is an ongoing risk of harm, the child protection pathway is followed. A social worker works with the parent/s to support them provide safe care for their child. In a minority of cases this may lead to the child being placed on the Child Protection Notification System (CPNS) or the child being received into care. I wish to assure the Deputy that Tusla deals immediately with emergency cases, including for instance, if a child has been abandoned or is in immediate physical danger or at immediate risk of sexual abuse.
Figures for 2014 show that there were 24,954 child welfare concerns and 18,676 child protection concerns received by Tusla. Information on the number of referrals is available for the first nine months of 2015, with a total of 18,873 child welfare concerns and 13,730 child protection concerns received in that period. Referrals come from a number of sources so there are some duplicates in these totals, and some will be more appropriate for universal services, such as those provided in the community or health sectors.
An open case is one which is assessed as needing a dedicated (allocated) social work service. The priority or category of high, medium or low given to the case after a preliminary enquiry, is based on information received on the case. At the end of February 2016, a total of 20,262 open cases had an allocated social worker while 5,694 were waiting to be allocated a social worker. Of those awaiting allocation 902 were deemed to be High Priority. It is important to note that "High Priority" should not simply be equated with risk. These cases represent a mix of new referrals that need further assessment and social work input, as well as children known to Tusla who need a continuing social work service. The additional funding of €38 million which the Government has allocated to Tusla for 2016, will give the Agency greater capacity to respond to identified demand and to alleviate pressures being faced in areas such as unallocated cases.
In addition to services provided by Tusla and its own complaints mechanism where specific issues may be raised, the child welfare and protection services are overseen, inspected and regulated by independent bodies, the Ombudsman for Children and the Health Information and Quality Authority. CORU regulates health and social care professionals and deals with registration and complaints regarding social workers. My Department also maintains regular contact with a range of non-governmental bodies to consult on any particular areas of interest or concern that may arise in the sector.
1195. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if adequate child psychological services are available to meet the requirements as already indicated or notified; and if she will make a statement on the matter. [9440/16]
View answerTusla, the Child and Family Agency, in discharging its functions, is placing a strong emphasis on prevention, early intervention, family support, therapeutic and care interventions, all of which are key to the provision of integrated, multi-disciplinary services for vulnerable children and families.
Tusla has specific responsibility for psychology services for children as set out in Section 8 of the Child and Family Agency Act, 2013. These services for children are currently provided by arrangement with the HSE. The Agency and the HSE have in place both a Memorandum of Understanding and a Joint Protocol for inter-agency collaboration which underpins the provision of these services for children. The purpose of the Memorandum of Understanding is to set out the partnership agreement between the HSE and the Agency to continue pre-establishment levels of service across both organisations. The objective of the Joint Protocol is to specify a pathway and associated responsibilities for children and families whose needs cross between Health Service Divisions and the Agency.
Tusla has advised that it intends to re-engage with the HSE with a view to developing a Service Level Agreement to assist the Agency in fulfilling its statutory obligations. The Service Level Agreement will determine the quantum of services needed to meet the Agency's requirements.
Children have access to publicly funded child and adolescent mental health teams and primary care psychology services provided by the HSE. Additionally there are a number of services commissioned by social work departments around psycho-therapeutic supports.
Clinical psychology services are also directly provided by Tusla within multi-disciplinary teams deployed by the Assessment, Consultation and Therapy Service (ACTS). Services provided include assessment and focused interventions for children and young people with complex clinical needs and high risk behaviours. They also provide support to other professionals in order to guide intervention to children and families.
1196. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if she is in a position to address the issues of children in direct provision; and if she will make a statement on the matter. [9441/16]
View answerMy colleague, the Minister for Justice and Equality, has primary responsibility in the area of asylum and immigration. Policy responsibility for children applying for asylum travelling with their parents, insofar as it extends to my Department, is in relation to providing care and protection for any children where their welfare and safety are identified as a concern.
The Direct Provision system is also under the policy remit of my colleague, the Minister for Justice and Equality. Children living in Direct Provision are in the care of their parent(s). Concerns about the welfare, safety or well-being of a child in Direct Provision are reported to the Child and Family Agency, Tusla, in line with Children First guidelines. Tusla has been working closely with the Reception and Integration Agency (RIA) of the Department of Justice and Equality, which has responsibility for direct provision.
The needs of children in Direct Provision include education, preschool, medical and health issues. Tusla provides a range of services that offer advice and support to families. This includes the services of family support workers, social workers, youth workers, family resource centres, support groups and counselling services.
The Child and Family Services Unit within RIA is headed up by a seconded member of Tusla and links are made to the HSE, GPs, Tusla and voluntary and community groups as necessary.
The Report of the Working Group on the Protection Process including Direct Provision published in June 2015, includes a range of findings and recommendations concerning the development, welfare, protection and education of children. One of the recommendations states that, ‘Tusla and HSE should identify a named social worker on their respective child protection, mental health and primary care teams to be the identified lead social worker for a Direct Provision centre in their area.' I am happy to say that Tusla has agreed to implement this recommendation to support an improved co-ordinated approach to concerns about the welfare and safety of children living in Direct Provision.
Children, separated from their parents, who arrive in this jurisdiction and are seeking asylum, are placed in the care of the State. The majority of separated children are placed with foster carers around the country. Tusla has a dedicated Social Work Team which deals with separated children seeking asylum. Separated children are a vulnerable group and the State is duty bound by international and domestic law to protect and provide for them in the same way as it does for children normally resident in the State.
Under Tusla's 'Equity of Care Policy' regarding separated child in care, all children are allocated a social worker, who is responsible for the development and implementation of an individual statutory care plan for the child. Tusla maintains the equity and equality of services to separated children vis a vis other children in state care and ensures that there is no differentiation of standard care provision, care practices, care priorities, standards or protocols. All foster care organisations and residential centres are inspected against national standards.
1197. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if she continues to make rehabilitative support services available for juvenile offenders; and if she will make a statement on the matter. [9442/16]
View answerThe Children Detention Schools, based in Oberstown, Lusk, Co. Dublin, continue to deliver services focused on education and rehabilitation of all young people detained in order to address offending behaviour and to support their early re-integration into the community. The development project recently completed in Oberstown includes a new purpose-built education, training and recreation unit. This will ensure sufficient age and ability appropriate facilities to support the delivery, by Dublin and Dun Laoghaire Education and Training Board, of the necessary education and training services to young people in detention.
The child care model of detention delivered in Oberstown provides for a range of rehabilitative supports for each child as part of an overall programme, with a strong ethos of school attendance, education and training and an emphasis on rehabilitation rather than on control and security. An individual management plan is put in place for each child which includes an assessment to determine the need for more specialist intervention from the Assessment, Consultation and Therapy Service (ACTS). This is a national service that provides clinical services to children in detention and in special care, as well as short term interventions when the child returns to the community. There are also a number of other therapeutic and education programmes delivered on the Oberstown campus which are aimed at addressing offending behaviour patterns by children.
The Deputy will also be aware that earlier community based interventions to divert young people from offending behaviour, such as the Garda Youth Diversions Projects and the Garda Diversion Programme are also in place in the community and come under the responsibility of my colleague, the Minister for Justice and Equality. I have also recently announced the award of a contract for a Bail Supervision Scheme for young people. The scheme is due to commence in the near future in the Dublin area, and is intended to provide an option for a court to remand a child on bail but subject to intensive therapeutic supports in the community.
1198. Deputy Seán Barrett asked the Minister for Children and Youth Affairs if she is aware of the large number of applications (details supplied) from persons aged in their 80s and 90s who were separated from their mothers back in the 1920s and 1930s and who are now seeking information regarding their biological kin, the steps she will take, even on a short-term basis, to provide additional staff to clear the backlog before these applicants are deceased; and if she will make a statement on the matter. [9616/16]
View answer1199. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs if Tusla, the Child and Family Agency, can fast-track applications by elderly persons who were adopted in childhood and who are seeking to access information regarding their birth family; and if she has examined the potential for this process to be put in place. [9627/16]
View answerI propose to take Questions Nos. 1198 and 1199 together.
At present, adoption information and tracing services are provided by Tusla – the Child and Family Agency, the Adoption Authority and a number of accredited agencies that hold adoption records. Applicants are generally provided with any non-identifying information that is available as soon as possible. The person to whom the information relates must consent to the release of any identifying information. However, consent is not required where this person is deceased. I note that the woman seeking information is currently engaging with Tusla in this regard. Tusla deals with a significant number of requests for information from birth parents and adoptees. Since its establishment, Tusla has been working to bring local adoption services under the management of one national service in order to provide a more consistent and streamlined approach to adoption services. An improvement plan was introduced to address the waiting list and as a result the waiting list and waiting times are reducing. I also understand that Tusla gives priority to individual cases, having regard to the particular circumstances of the case, including the age or health of the individual concerned.
Work on drafting the Adoption (Information and Tracing) Bill is currently underway. The Bill is intended to facilitate access to adoption information in so far as is legally and constitutionally possible.
The Adoption Act 1952 provided a legal basis for adoption in Ireland and brought order to what had been the system of ad-hoc arrangements in lieu of formal adoption procedures up to this point. However, before the introduction of the Adoption Act 1952 it is understood that there may have been informal arrangements in place. Some people were placed in life long family care arrangements, where a child was in the custody of a person other than his or her parent or guardian and where no adoption order was effected. These arrangements were never formalised.
The Bill will provide that persons separated from their mothers at birth may apply to Tusla – the Child and Family Agency for information. The Bill will provide that the Agency will seek to locate the person to whom the information relates to seek their consent to its release where there are records available.
1200. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the funding allocated to Rape Crisis north east in County Louth for each of the years 2010 to 2016 to date; and if she will make a statement on the matter. [9740/16]
View answerWith effect from its establishment on 1 January 2014, Tusla, the Child and Family Agency, has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence. Prior to the 1 January, 2014, responsibility for these services rested with the Health Service Executive (HSE).
Tusla funding for domestic, sexual and gender-based violence services is approximately €20.0 million this year.
This funding supports some 60 services across the country including:
- 16 Rape Crisis/Sexual Violence services
- 20 Crisis Refuges and support services
- 24 Domestic Violence Support Services
Since taking responsibility for domestic, sexual and gender based violence services in 2014, Tusla provided Rape Crisis North East with the following funding:
|
Year |
Funding |
|
2014 |
€129,107.15 |
|
2015 |
€138,109.53 |
|
2016 (Jan-June) |
€80,227.81 |
This year's figure includes an additional €31,000 to Rape Crisis North East for the provision of outreach services across the North East region.
Tusla has advised that it does not hold details of funding provided to Rape Crisis North East prior to 2014 as these services were funded by the HSE.
1201. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if she is aware that any of the existing Rape Crisis centres have had to reduce services provided as a result of cuts to funding; and if she will make a statement on the matter. [9741/16]
View answerTusla, the Child and Family Agency has statutory responsibility for domestic, sexual and gender-based violence services. Tusla, is providing approximately €20.0m in funding for these services this year. This funding supports some 60 services across the country including:
- 16 Rape Crisis/Sexual Violence services
- 20 Crisis Refuges and support services
- 24 Domestic Violence Support Services
Tusla has established a dedicated national team to support the provision of high quality, accessible services for victims and survivors of domestic, sexual and gender-based violence.
At all times the Agency’s key priority is to ensure that the needs of victims of domestic, sexual and gender based violence are being met in the best way possible and to address issues of equity in access to and outcomes from services.
Tusla recognises the difficult operating environment that repeated funding reductions caused for organisations providing services to victims and survivors of domestic, sexual and gender based violence in recent years. The commitment shown by these organisations, their staff and volunteers in continuing to provide services is acknowledged and valued.
Like all State agencies, Tusla has reviewed the scope to make savings across various areas of expenditure and to ensure that services are developed where possible. It has identified areas where resources need to be provided, and it has also identified areas where available funding can be used to better effect to support service delivery. The key focus has been on ensuring that services are streamlined and rationalised where necessary, with any overlap in service provision and duplication of costs eliminated while doing everything to protect front-line services to children including frontline rape crisis/sexual violence services.
Last year, Tusla maintained funding to all frontline rape crisis/sexual violence services at 2014 levels, and has made a similar commitment to maintain funding at 2015 levels for the current year. Additionally, efforts to support service developments such as outreach services in the northern part of the country have been supported.
Tusla is aware of the continued pressures and challenges for some funded organisations in maintaining service levels. However, Tusla has advised that it is not aware of any recent reductions in services to victims and survivors of sexual violence and is actively engaged with funded sexual violence services in supporting and enhancing service provision.
