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Wednesday, 13 Jul 2016

Written Answers Nos. 276-284

Taxi Regulations

Questions (276)

Mary Butler

Question:

276. Deputy Mary Butler asked the Minister for Transport, Tourism and Sport why there is no taxi suitability test centre (details supplied) resulting in enforced costs on those persons travelling to other centres to complete the test. [21477/16]

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Written answers

The regulation of the small public service vehicle industry, including the administration of the vehicle suitability test, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi Regulation Act 2013. I have referred your question to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

Road Safety

Questions (277)

Pearse Doherty

Question:

277. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 523 of 21 June 2016, and which was subsequently referred by him to Transport Infrastructure Ireland for direct response, the reason a reply has yet to be received.; and if he will make a statement on the matter. [21597/16]

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Written answers

I understand that TII issued a reply to the Deputy regarding PQ 16721/16 on 7 July 2016.  A copy of the reply is attached.

National Internship Scheme

Questions (278, 279)

Clare Daly

Question:

278. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if she is aware of the continuing exploitation and advertisements for unpaid internships at an Irish-owned company (details supplied); and if she will make a statement on the matter. [21470/16]

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Clare Daly

Question:

279. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if she is concerned by the practice of businesses with multi-million euro annual profits advertising internships to final-year students and recent graduates via their colleges and universities, as for example in one case of a hotel group (details supplied) which recorded an €11.1 million increase in its after-tax profit in 2015 and which is advertising 6 to 9 month unpaid internships via the Dublin Institute of Technology, Cathal Brugha, Street, Dublin 1; the steps she will take to ensure that young persons are not exploited by enormously profitable multinational companies; and if she will make a statement on the matter. [21580/16]

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Written answers

I propose to take Questions Nos. 278 and 279 together.

Arrangements which may be described as internships are not defined by Irish legislation. Depending on the particulars of the individual arrangement, the participants may have entitlements to protection under employment law, including the National Minimum Wage .

I have referred the details supplied by the Deputy to the Workplace Relations Commission for examination and action if appropriate.

Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees. Any persons with questions or complaints regarding their rights under employment law should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or at www.workplacerelations.ie.

While the internship referred to by the Deputy is not part of the JobBridge scheme, I would note that the JobBridge scheme is the national internship scheme administered by the Department of Social Protection. The legislation underpinning the JobBridge scheme specifically provides that a participant shall, for the purposes of any enactment or rule of law (other than the Tax Acts and the Safety, Health and Welfare at Work Act 2005), be deemed not to be an employee. Any complaints regarding compliance with the scheme should be addressed to that Department. The Minister for Social Protection has already announced that he is considering replacing JobBridge with a more targeted scheme later this year, as he believes that economic and labour market conditions have changed for the better since the scheme was introduced in 2011. However, the Minister believes it is important that the design of a new scheme be informed by the best evidence possible. It is for this reason that he intends to await the results of a second large scale evaluation of JobBridge currently underway. The results of this evaluation, which is again being undertaken by Indecon, are expected in September and the Minister will announce his proposals for a new scheme shortly thereafter.

Child and Family Agency Funding

Questions (280)

Anne Rabbitte

Question:

280. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the amount of the €38 million additional funding to Tusla, the Child and Family Agency in budget 2016 that is being allocated to cover the agency's new statutory functions of after-care planning under the Child Care (Amendment) Act 2015; if he will provide additional funding to the agency in budget 2017 to cover its new after-care planning function. [21393/16]

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Written answers

Section 44 of the Child and Family Agency Act 2013 requires the Minister to issue to Tusla, the Child and Family Agency an Annual Performance Statement. This Statement provides the Agency with specific policy guidance, direction, prioritisation and resource parameters in respect of each year for the preparation of its annual business plan.

Within 30 days of receipt of the Performance Statement, the Child and Family Agency must, under section 44 of the Act of 2013, submit a business plan to the Minister, outlining the Agency’s proposed activities for the period in question and the performance targets relating to those activities.

The Performance Statement for 2016 referred to the Child Care (Amendment) Act 2015 (then in Bill form before the Oireachtas) and requested that a roadmap for ensuring compliance with the Act be reflected in the business plan – including, in summary, mapping current service provision, appropriate system development to capture information in relation to children leaving care in a timely and accurate manner and compiling the financial outlay in relation to aftercare support.

The Tusla 2016 Business Plan, in the main, reflected this request (page 47, Tusla 2016 Business Plan).

An additional sum of €38m was secured for the Child and Family Agency during the Estimates and Budget process for 2016. The allocation of funding resources across the various services provided by Tusla is determined in the context of the business planning process by the Board of the Agency. The plan does not provide a disaggregated budget in respect of aftercare provision as a discrete element (or indeed aftercare planning as a sub-set within that). Aftercare provision involves pay, non-pay as well as specific grant-giving elements of the budget.

The Estimate process for 2017 has commenced. My officials are currently liaising with Tusla regarding the preparation of a business case for additional resources for aftercare which, when finalised and submitted, will be considered in the context of a broad range of demands from the Child and Family Agency for additional funding.

Child Care Services Funding

Questions (281)

Anne Rabbitte

Question:

281. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her Department or a body under its aegis reviewed the additional costs arising from the provision in the Child Care (Amendment) Bill 2015 giving legal entitlement to after-care services for all young persons leaving care prior to preparation of the Bill; the cost of extending the eligibility to a full legal entitlement to an after-care plan to young persons who have been taken into State care at 17 years of age but who have not been in care for 12 months or over. [21394/16]

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Written answers

As the Deputy is aware, the Child Care (Amendment) Act 2015 was signed into law in December of last year. The Act is primarily concerned with aftercare – the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him or her in making the transition to independent living. The legislation obliges Tusla, the Child and Family Agency, following an assessment of need, to prepare an aftercare plan identifying relevant aftercare supports for an eligible child or eligible young person.

Prior to the drafting of the Child Care (Amendment) Bill 2015, a Regulatory Impact Assessment (RIA) was conducted in 2014 in order to consider the possible implications of the proposed legislative amendments across a range of categories, including potential additional exchequer costs.

The Bill sought to place on a statutory footing the aftercare planning provision that already existed at that time with an accompanying expansion of the cohort to be supported. Initial estimates of associated costs were considered to be minimal given that it was considered that the revised cohort would not in and of itself, present a significant additional expenditure requirement. However, an additional cost element has since been identified and officials from Tusla and my Department are working in this regard to establish an appropriate quantum of costs, which will form part of the estimates negotiations.

Further additional costs of a 17 year old cohort who may not reach the eligibility criteria has not been assessed as to change the eligibility criteria for this group would have implications for the entire cohort.

The thresholds applied have been carefully considered to maximise the impact on those most in need of support and to maintain a careful balance to avoid unwelcome and extended interaction of the State in the lives of children and families who no longer need the Child and Family Agency’s support, and do not wish to have a reminder of past difficulties.

Child Care Services

Questions (282)

Anne Rabbitte

Question:

282. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if the Child Care (Amendment) Act 2015 will include in the implementation of the Act a specified age at which after-care planning will begin; and how far this will be in advance of the young person turning 18 years of age. [21395/16]

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Written answers

The Child Care (Amendment) Act 2015 was signed into law in December of last year. The legislation imposes a statutory duty on Tusla, the Child and Family Agency to prepare an aftercare plan for an eligible child or eligible adult.

Specifications relating to the age at which aftercare planning will begin are set out under section 7 of the Act. In relation to a child, who is aged 16 or over, who is in the care of the Child and Family Agency, following an assessment of need, the Agency shall prepare an aftercare plan setting out the assistance required to meet the needs identified in the assessment, upon the child reaching 18 years of age. An aftercare plan will be prepared six months in advance of the child attaining the age of 18 years or within three months of that child becoming an eligible child, whichever is the later.

An eligible child, aged 16 years or over, who is no longer in the care of the Agency or a person acting on their behalf may request an aftercare plan from the Agency. In such instances, upon receipt of such a request, and following an assessment of need, the legislation requires that an aftercare plan be prepared within three months of receiving a request or at least six months in advance of the child attaining the age of 18 years, whichever is the later.

However, nothing prevents Tusla from preparing an aftercare plan earlier than that set out. In most instances, the preparations for leaving State care begin in and around the time a child turns 16. Any commencement of such a process has due regard, of course, to the child’s circumstances and consideration of the most appropriate time to initiate such actions.

Curragh Plains Representative Forum

Questions (283)

Fiona O'Loughlin

Question:

283. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence when the next scheduled meeting of the Curragh forum is; if he will supply an agenda for the meeting; and if he will make a statement on the matter. [21459/16]

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Written answers

On 8 March 2016 the first meeting of the newly established Curragh Plains Representative Forum was held. The meeting was chaired by the Department of Defence and was attended by invited representatives from the Defence Forces, an Garda Síochána, Curragh Racecourse, Curragh Racehorse Trainers and Kildare County Council. The purpose of the Forum is to provide an opportunity for the consideration/progress of a wide range of issues regarding the use and management of the Curragh Plains.

A further meeting of the Forum is scheduled for Tuesday 19 July and while the agenda has yet to be finalised it will encompass the development and protection of the Curragh Plains and how best to deal with the many day to day issues arising from the management of the Curragh including but not limited to illegal parking, illegal encampments, dumping and environmental protection.

Defence Forces Recruitment

Questions (284)

Joan Burton

Question:

284. Deputy Joan Burton asked the Taoiseach and Minister for Defence the number of new recruits to the defence sector, in each of the years 2011 to 2013; the number of whole-time equivalent recruits [21974/16]

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Written answers

I am advised by the Military Authorities that a total of 1,424 General Service recruits were enlisted into the Permanent Defence Force in 2011, 2012 and 2013 as set out in the following table.

2011

2012

2013

532

539

353

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