Written Answers Nos. 26-50
26. Deputy Jennifer Carroll MacNeill asked the Minister for Children, Equality, Disability, Integration and Youth the details of the interagency cooperation between Tusla and An Garda Síochána in cases of sexual assault of very young children; and if he will make a statement on the matter. [25557/21]
View answerInter-agency cooperation between Tusla, the Child and Family Agency and An Garda Síochána is critical to child protection. Both have distinct functions, powers, responsibilities and methods of working, as assigned by legislation and agency protocols. Their close cooperation ensures that children in need of protection receive a timely, appropriate and proportionate response.
Tusla assess and supports the protection needs of the child, while the focus of An Garda Síochána is to preserve life; vindicate the human rights of each individual; and prevent, investigate and detect criminal offences.
The cooperation between the agencies on this matter is provided for by a Joint Working Protocol. This sets out the tasks, roles and obligations of both organisations in relation to each other in matters of child protection.
The protocol identifies two-way formal and informal communication processes between Tusla social workers and Gardaí to record suspected cases of abuse. Where more than one child is involved separate notifications are processed in respect of each child.
In relation to specific cases, social workers and Gardaí may hold strategic liaison meetings as part of their working together. Their joint efforts are designed to ensure that the protection of children receives priority attention.
The joint working collaboration gives An Garda Síochána, through a Tusla social worker, relevant information on the Tusla Child Protection Notification System. This is a list of just under 1,000 children nationally who have an active Tusla led child safety plan. Social workers and Gardaí undergo joint specialist training in interviewing children where there are concerns regarding a sexual assault and, where possible, carry out joint interviews.
A signification step in inter-agency cooperation is the development of Barnahus, a child-friendly, interdisciplinary and multi-agency model of service for children who have been sexually abused. The model establishes a set of principles and operational methodology to facilitate the different agencies working together in a consistent and child centred way. Barnahus provides a single secure location for professional services (therapists, social work, Gardaí, medical and forensic investigation) to support child sex abuse victims and their families.
An Interdepartmental Group (IDG) comprising members from my Department, the Department of Health, Department of Justice, Tusla, HSE, An Garda Síochána, and Children’s Health Ireland is developing Barnahus. A National Agency Steering Committee has been established by the IDG to organise and oversee operational matters associated with the development and management of Barnahus nationally.
A Pilot service was launched in Galway in 2018 and further developed sites are planned for Dublin and Cork in 2021. The centres will develop regional outreach capacity over time. Victims will be met and interviewed by a specially trained social worker and a Garda specialist working together.
It is intended, that the Barnahus and Sexual Assault Treatment Unit services will align where possible to facilitate close working relationship needed in the case of teenage victims requiring a mix of adult (forensic) services and a child protection service.
27. Deputy Jennifer Murnane O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth the progress to enable the voice of children and young persons in decision-making including to update the first national strategy on children and young persons participation in decision-making; and if he will make a statement on the matter. [28739/21]
View answerProgress continues to be made on enabling children and young people to have a voice in decisions which affect them.
The primary consultative forum for children and young people is Comhairle na nÓg , established and supported by my Department in partnership with the 31 Local Authorities. Comhairle gets children and young people's voices heard in two main ways. The young members identify and work on areas of interest to them in their local communities . They also serve as a consultative forum when decisions are being made at local and often national level. Every two years, members of each Comhairle come together at Dail na nÓg, to elect a National Executive and to identify and vote on the key areas they will work on over the following two years. My Department supports the National Executive to bring their ideas and projects to the relevant policy makers at national level, amplifying the voice of young people and effecting real change.
Another significant support to enhance the capacity of government departments, state agencies and other organisations to consult meaningfully with children and young people is the National Implementation Framework for Children and Young People’s Participation in Decision-Making , which I launched in April This Framework provides guidance and checklists for those wishing to consult with children and young people, promoting participation with purpose, where their views are listened to, taken seriously and given due weight with the intention of leading to an outcome or change. The Framework underpins the work of my department and the soon to be established National Participation Office. Combined with the training and support of an enhanced Hug na nÓg, these resources build on and extend capacity to consult meaningfully with children and young people.
As the Deputy will be aware, the National Strategy on Children and Young People’s Participation in Decision-Making is a constituent strategy of Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People, 2014-2020, which concluded at the end of 2020. Progression of a policy successor to Better Outcomes Brighter Futures has been delayed until 2022. This decision has been made in light of Covid-19, and two significant initiatives my Department is progressing in 2021. These are, namely, implementation of the EU Child Guarantee and development of Ireland’s reporting to the United Nations Children’s Rights Convention. It is envisaged that both of these initiatives, and the impacts of the pandemic, will inform the priorities to be addressed in the successor to Better Outcomes, Brighter Futures, and its constituent strategies .
29. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth if he will outline the development of proposals to provide for domestic violence leave; and if he will make a statement on the matter. [28676/21]
View answerSince its formation, this Government has made clear that tackling domestic, sexual and gender-based violence is a key priority. The Programme for Government contains a commitment to investigate the provision of paid leave and social protection provision to victims of domestic violence with a view to establishing a statutory entitlement to paid domestic violence leave. My Department is currently examining the feasibility of introducing such proposals and has committed to developing a report to Government in June, with legislative proposals to follow.
As the Deputy is aware, a scheme of domestic violence leave is currently being developed by officials in my Department, which includes the examination of domestic violence leave at international level, the identification of best practice and the development of a suitable model for rollout in Ireland. The outcome of this work will inform policy development and proposals in this area.
My Department has engaged in a targeted consultation process with relevant stakeholders and social partners to examine how a scheme of paid leave should operate to address the needs of victims most effectively, including with the monitoring committee of the Second National Strategy on Domestic, Sexual and Gender Based Violence, employers' groups and trade unions and with stakeholders of the national Equality Strategy Committees falling under my Department’s remit. Written submissions were invited from relevant stakeholders and these submissions are currently being examined.
It is anticipated that the report, including the output of the consultation process, will be brought to Government in June.
30. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide a report on the access to disability services for children in CHO7. [28060/21]
View answerI wish to advise the Deputy that I am not in a position to comment as responsibility for disability services has not yet transferred to my Department. These matters are more appropriate for the attention of my Cabinet colleague, the Minister for Health.
The recent cyber attack on the Department of Health has rendered them unable to access their IT systems.
31. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth when all relevant data currently held by the HSE will migrate to Tusla. [28634/21]
View answerThe Deputy will be aware of Tusla's Data Management Strategy 2019 – 2022. The Strategy includes a range of strategic actions across a range of themes. One such action is to migrate all Tusla data sources that are currently under the management of HSE to new environments under the control of Tusla ICT. Work commenced in 2019 and is due for completion in Q4 2022. The timescale and processes by which this objective is to be achieved will be reviewed in light of the impact on Tusla of the cyber attack on the HSE.
32. Deputy Rose Conway-Walsh asked the Minister for Children, Equality, Disability, Integration and Youth the status of Ireland’s performance in accordance to the United Nations Convention on the Rights of Persons with Disabilities. [13195/21]
View answerIreland ratified the UNCRPD in 2018. Advancing the implementation of the UNCRPD is an ongoing priority. Our approach to meeting the obligations of the UNCRPD is one of progressive realisation, each year moving forward on key reforms.
The obligations arising from the Convention will be met over time, with initial priority given to meeting legislative commitments. For example, my Department is responsible for the commencement of the Assisted Decision-Making (Capacity) Act 2015 which is an important step towards full implementation of the UNCRPD.
In addition, the UNCRPD requires State parties actively to involve people with disabilities in policy development. In order to progress this aspect of the UNCRPD, my Department has funded the development of a Participation and Consultation Network to build capacity within the disability community so that people with disabilities and their representative organisations can participate fully in policy development. The Network was formed in late 2020. One of the Network’s first tasks has been to bring the voices of people with disabilities into consultations on Ireland’s first State Report to the UN on our progress in implementing the UNCRPD. This Network is an important initiative that will help us to realise both the spirit and the substance of the UNCRPD here in Ireland. It will provide a platform for people with disabilities to become actively involved in issues that affect their lives.
The Programme for Government commits to establishing a UNCRPD Implementation Plan. This Plan will coordinate and monitor progress on implementing the UNCRPD across Government departments. Work on this Plan is at an early stage.
My Department is currently responsible for coordinating the two significant whole of Government strategies that currently exist in the area of Disability, namely the National Disability Inclusion Strategy and the Comprehensive Employment Strategy for People with Disabilities (CES). These are the key frameworks for policy and action to address the needs of persons with disabilities in Ireland and support effective progress in delivering on the obligations set out in the UNCRPD.
The UNCRPD operates in a similar manner to other UN Human Rights treaties. The State is required to prepare a comprehensive report on the implementation of the Convention in Ireland and this will be followed by a public appearance before the CRPD Committee in Geneva.
Ireland is preparing its first State Report. My Department is responsible for preparing the Report, in consultation with other Departments and Agencies who have responsibility for implementing the Convention. The report will set out how Ireland is implementing the Convention. It will describe progress in a number of areas and acknowledge where further action is required for Ireland to comply fully with the Convention.
Ms Anne Rabbitte T.D., Minister of State with responsibility for Disability, published the draft State Report in December 2020 and a public consultation process has recently concluded. The Report, incorporating the information obtained during the public consultation process, will then be brought to Government for approval in advance of its formal submission to the Committee by Ireland’s Permanent Representative to the UN in Geneva later this year.
Following the submission of the State Report, Ireland will take part in an appearance with the UN Committee. The information gathered at this appearance will inform the Committee's report on how Ireland is implementing the UNCRPD and I would expect their report to include recommendations on areas for improvements. There is no indication at this time on a likely date for that appearance.
33. Deputy Brendan Smith asked the Minister for Children, Equality, Disability, Integration and Youth the level of capital grant assistance available towards the upgrading of existing childcare facilities and the provision of new childcare places; and if he will make a statement on the matter. [28569/21]
View answerMy Department has, since 2015, administered an annual capital funding programme, under which early learning and childcare services that are registered with Tulsa can access capital funding.
The works eligible for capital funding are determined by my Department on an annual basis, having regard to the needs of children, families and service providers, and to Departmental priorities.
In recent years, a key objective of the capital programmes has been to expand capacity in early learning and childcare services. Covid-19 and new blended working patterns has reduced demand for some early learning and childcare services, and I recognise that this may not be a permanent change, the provision of new childcare places is not a current priority.
The upgrading of the fire safety measures in place in existing early learning and childcare services is the key objective of the 2021 Capital Programme, which is worth a total of €10.5 million.
The first tranche of capital grants were assigned on 21 May to existing services to improving fire safety standards. Service providers were invited to apply for funding to carry out remedial works, with a total of €5 million of the €10.5 million budget being claimed by 634 services. These works will permit these services to fully comply with the Tulsa's registration requirements. Services received funding under this capital programme on 23 May 2021.
The remaining capital funding of €5.5million will be shared between all registered early learning and childcare services to enable them to encourage more outdoor play. Eligible expenditure will include shelters and play equipment. Outdoor play enables children to explore and engage with the natural world, while being a simple and effective method of infection control. I will be announcing more details of this capital grant programme next week.
I will keep the demand for additional capacity under review as the year proceeds.
34. Deputy James O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth the status of the relationship National Standards for Foster Care 2003 and the Draft National Standards for Children’s Social Services following the end of the consultation process (details supplied); and if he will make a statement on the matter. [28595/21]
View answer59. Deputy Aindrias Moynihan asked the Minister for Children, Equality, Disability, Integration and Youth the engagement he has had with the relevant stakeholders including foster families on the proposed national standards for children’s social services; the future he envisages for the 2003 standards; the role there will be for foster families; and if he will make a statement on the matter. [28654/21]
View answerI propose to take Questions Nos. 34 and 59 together.
I would like to thank the Deputies for these important questions. HIQA's new Draft National Standards for Children’s Social Services are intended to replace four current sets of standards that cover child protection and welfare services, children's residential care, special care and to replace the 2003 foster care standards
HIQA has undertaken a consultative process with Tusla managers and staff, foster carers, interested agencies and the general public, and 20% of the responses have been from foster carers. As current National Standards for Foster Care have been in place since 2003 it is important that they are reviewed. It is also very important that all stakeholders have confidence in the utility and applicability of these standards.I have received a request to meet the Irish Foster Care Association and I plan to do so in the coming weeks. My officials have had close engagement with them and are fully aware of the issues involved. Foster carers have indicated that the current draft standards fail to adequately comprehend the role and unique care response provided by Foster carers, as they are not professionals, staff or employees and their care response is unique.
I am committed, as is HIQA, to ensure their voice is heard in the development of the new standards. My officials are actively engaged with HIQA on this issue and I understand HIQA are taking steps to revise their approach by providing more detail pertaining to foster care as part of the standard development process. The proposed new standards do not change existing legislation and therefore have no impact on any legal rights or duties of foster carers under the Child Care Acts, Children First legislation and guidance or any new legislation under consideration. Legislation and regulations supersede standards in all sectors.Following completion of the consultation and drafting process HIQA will present the Draft National Standards for Children’s Social Services for consideration and approval by the Minister for Health and myself. The Standards must be accepted and approved in advance of their becoming operational.
35. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the actions his Department has taken in view of the serious cyber-attack on the HSE to negate the impact on Tusla’s significant child protection casework and child protection and welfare functions. [28593/21]
View answerThe Deputy will be aware that last Friday, I arranged a briefing for relevant spokespersons from political parties with the CEO of Tusla where a full overview of the known issues, impact on operations, and a range of mitigating actions were outlined. I understand that the CEO provided a briefing on the 18th May to the Deputy as Chair of the Joint Oireachtas Committee on Children, Disability, Equality and Integration and provided the full committee with a written update on the 21st. As Minister with responsibility for Tusla, I sit on the ministerial group dealing with the Cyber-attack and have been in contact with CEO on a daily basis.
As an independent agency, Tusla has responsibility for its own ICT function and has engaged with the HSE, the National Cyber Security Centre (NCSC) and the Gardaí in relation to this incident. Myself and my officals have been in daily contact with Tusla and our partners in government since being alerted to the attack on the 14th May, to ensure risks can be mitigated as much as possible and frontline services can be maintained.
Tusla is actively engaged with An Garda Síochána, the Courts Service, and family support services regarding its core work. Tusla is providing guidance and information to all staff, service users and the public via the Tusla website. Tusla also continues to liaise with the HSE on the restoration of systems and has deployed significant ICT resources to enable safe access to internal systems as soon as possible.
I'd like to stress that while Tusla has been significantly affected by the attack, it continues to prioritise Child Protection and Children in Care Services. As Tusla’s referrals portal has been impacted, Tusla is asking that anyone with a concern about a child contacts their local duty social work office by phone. Details are available on the front page of their website. Staff across all Tusla services are continuing with core work supported by manual systems.
My officials and I will continue to proactively monitor and manage this most serious matter, and to support Tusla at this time.
36. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if the Tusla counselling grant awarded to secondary schools will be increased to facilitate the number of students seeking counselling within secondary schools (details supplied). [28061/21]
View answerI am deeply cognisant of the difficulties faced by young people at this time, particularly with regard to their mental health. Tusla, the Child and Family provides significant funding to third parties, generally in the community and voluntary sector, for the provision of commissioned services.
Decisions regarding individual funding allocations are operational matters for Tusla. I have referred this and the Deputy's previous question (Question 165 of 19 May 2021) to Tusla, regarding funding for a specific secondary school, for direct reply.
The Deputy will understand that any reply on this matter will be delayed, in the context of the impact on Tusla of the recent cyber attack on HSE systems. Tusla will be able to advise the Deputy, when operationally possible, regarding the source of the funding raised by the Deputy.
37. Deputy Martin Browne asked the Minister for Children, Equality, Disability, Integration and Youth his views on the potential of family resource centres to play an enhanced role in providing counselling and therapy services in the community; his further views on providing these centres with more long-term funding to facilitate same and to provide a greater level of certainty in the ability to continue to deliver these services; and if he will make a statement on the matter. [28596/21]
View answerWhile the provision of mental health services is a matter for the Minister for Health, I can confirm to the Deputy that Tusla, the Child and Family Agency, provides funding to counselling services (some €6.7m in 2020), through a network of community-based counselling service providers and Family Resource Centres that offer a range of counselling/psychotherapy and supports. This funding is provided where there is a genuine need and demand for services and where they can be provided at low cost to adults, couples, children, young people and families.
Tusla, in partnership with the HSE Health and Wellbeing and Community Healthcare, also supports the Mental Health Promotion Project across 6 Health and Wellbeing Community Referral Sites in Cork and Kerry. This supports FRCs in promoting best practice in relation to suicide prevention and the promotion of positive mental health. Tusla also supports some FRCs in the provision of regional therapeutic hubs for Tusla service users in the wider area.
I recently met with the Family Resource Centre National Forum (FRCNF) and they described first-hand the surge in demand that FRCs are managing due to an increase in mental health issues within their communities. The accessibility of FRCs means they are well placed to provide opportunities for early identification of need, provision of appropriate interventions and alignment of community approaches with statutory services.
While I am interested in the benefits of these services, any potential funding in this area is dependent on the availability of resources. It is also important to ensure that FRCs continue to access diverse funding streams, as much of their work is in collaboration with other bodies, such as the HSE.
With regard to long-term funding, I am acutely conscious of the challenges posed for service planning by the annual nature of the budgetary cycle. The management of grant funding is governed by the Department of Public Expenditure and Reform’s Circular 13/2014 with regard to the management of and accountability for grants from Exchequer funds. While I would welcome further discussion in relation to this, the Public Spending Code and any move to providing long term or multi-annual funding would be a matter for central Government, and could require significant cross-government and legislative consideration.
38. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which children’s mental and physical health and well-being is adequately provided for; if specific deficiencies have been identified with a view to action; if legislative change is needed; and if he will make a statement on the matter. [28630/21]
View answerI wish to advise the Deputy that I am not in a position to comment; matters relating to the mental and physical health of children are more appropriate for the attention of my Cabinet colleague, the Minister for Health.
The recent cyber attack on the Department of Health has rendered them unable to access their IT systems.
39. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the 4,381 requests for emergency refuge from domestic violence that could not be met in 2018 and the 3,961 requests that could not be met in 2019; and if he will make a statement on the matter. [26438/21]
View answerTusla, the Child and Family Agency has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence (DSGBV).
I understand that the figures in your question were supplied by Tusla in response to your previous question 19107/21, and reflect the number of contacts made, rather than the number of individuals concerned. Tusla has clarified that a person may make a number of requests for refuge, some or all of which may be unmet, due to lack of space, not meeting safety criteria, or other factors.
In my Performance Statement to the Agency for 2021, I requested that the publicationof all DSGBV data for previous years would be addressed as a priority. Tusla is due to publish the full statistics relating to the use of Tusla-funded emergency domestic violence accommodation for 2018 and 2019. The Tusla Business Plan 2021 also commits to analysing current DSGBV data flows and systems across the sector and developing plans to ensure consistency and quality whereappropriate.
It is always concerning to hear of requests for emergency refuges that have not been met. My officials are in constant engagement with Tusla on matters related to DSGBV services. I also regularly engage with stakeholders in the sector, who work on the front line with individuals seeking advice, counselling, refuge, or other supports.
It is of the utmost importance that the needs of those who experience domestic violence are met in the most appropriate way possible. The availability of valid data to inform decisions is of paramount importance. I, along with my colleagues in government, am committed to ensuring future service provision is evidence based and designed to meet the holistic needs of individuals who experience domestic violence.
41. Deputy Éamon Ó Cuív asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to provide further funding to an organisation (details supplied) in 2021 in view of the effects of the Covid-19 on the organisation and the need to facilitate young persons engaging in activities as Covid-19 recedes and restrictions are lifted; and if he will make a statement on the matter. [27606/21]
View answerMy Department provides substantial funding to this organisation, which plays an important role in providing young people with opportunities for developmental experiences and informal learning. All of the youth funding provided by my Department has been maintained fully throughout the ongoing period of restrictions. In addition, I secured an increase in 2021 for youth services, including an increase for the organisation referred to by the Deputy. I have no plans to provide additional funding to this organisation. The ongoing management of this organisation is a matter for its Board, including the financial challenges being presented due to Covid-19.
My officials are in regular contact with youth sector representatives in relation to the impact of the pandemic and associated health restrictions. It is of importance that Exchequer funding to youth services nationally is protected. I am satisfied that Government has been able to continue to support them. My officials will continue to work closely with youth organisations and will actively monitor the situation. We very much appreciate the challenges Covid-19 has posed and is posing for them.
43. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of times the Mother and Baby Home Collaborative Forum has met since 2019; and the dates on which those meetings took place. [26149/21]
View answer74. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth when the report by the Collaborative Forum of Former Residents of Mother and Baby Homes and Related Institutions will be published; and if he will make a statement on the matter. [28724/21]
View answer89. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the new proposed concept model of enhanced engagement with survivors of mother and baby institutions; and if he will make a statement on the matter. [26439/21]
View answerI propose to take Questions Nos. 43, 74 and 89 together.
I am committed to ongoing engagement with former residents of Mother and Baby and County Home Institutions and their advocates. I have personally engaged with survivors and advocacy groups since my appointment and will continue to engage with those most centrally involved with these matters. Most recently, I have hosted virtual meetings with interested parties in relation the published Heads and General Scheme of the Birth Information and Tracing Bill. I continue to listen carefully to stakeholders on this issue to ensure this legislation can right an historic wrong by providing access to birth certificates and early life information.
In responding to the Final Report of the Commission of Investigation, the Government approved the development of a Strategic Action Plan encompassing a suite of 22 specific measures. These measures, which take account of the Commission's recommendations and those of the Collaborative Forum, are a response to the priority needs and concerns of former residents and their families.
Most importantly, I recognise the importance of implementing these measures in a survivor-centred way, characterised by consistent engagement with former residents and their representative groups, including those who live outside the jurisdiction. Notably, several hundred survivors have contacted my Department since the report was published. Many of these individuals had never been in contact with us before and they want to actively contribute to the process. An increased level of engagement is also evident from the consultation process established to inform development of a Restorative Recognition Scheme, with approximately 450 written submissions received and 159 participants in 17 online meetings.
I am of the view that stakeholder engagement at this level requires additional dedicated structures, processes and resources to ensure it can be inclusive, effective and sustainable. To this end, I am currently consulting with members of the Collaborative Forum, as I believe that learning from existing processes can assist in developing new and enhanced approaches as quickly as possible.
I held two virtual meetings with members of the Collaborative Forum in February during which the structures to support future stakeholder engagement was a specific agenda item. In recognising the limited time available during plenary discussions, my department requested the facilitator to the Forum to further engage with members. I understand this process is nearing completion and look forward to hearing their feedback. The experience of Forum members, and other stakeholders, will assist the development and transition to a new, enhanced model of engagement.
As I have acknowledged previously, plenary meetings of Collaborative Forum have unfortunately been interrupted by the Covid-19 pandemic. Having met in December 2019, it was necessary to put these meetings on hold in 2020 in the context of the public health restrictions as a number of members travel from outside the jurisdiction and some members are also in the at-risk groups identified by public health authorities.
Throughout 2020, members of the Forum were updated on relevant matters by the Secretariat to the group based in my Department. It is the practice and policy of my Department to issue updates and announcements to the Forum and other relevant stakeholders before they are issued to the public more generally. Most recently, there was contact with the Forum in relation to an invitation for representatives to appear before the Joint Oireachtas Committee on Children, Equality, Disability and Integration in relation to the pre-legislative scrutiny of the Certain Institutional Burials (Authorised Interventions) Bill. The Joint Oireachtas Committee has held a number of meetings dedicated to pre-legislative scrutiny of the Bill. I was pleased to see the Committee directly engage with members of the Collaborative Forum and I welcome the priority which the Committee has afforded this pre-legislative scrutiny.
In relation to the Collaborative Forum’s report, it was not possible to publish the report when it was submitted to the then Minister for Children and Youth Affairs because of concerns that its contents encroached upon the work of the independent statutory Commission of Investigation into Mother and Baby Homes. For this reason, the Forum's recommendations were initially published and a commitment was given to revisit the question of publication following the completion of the Commission's work. Arrangements are being advanced by my Department to address the procedural requirement for identifiable parties to be afforded due process prior to publication. I expect this process to be completed in the coming weeks. I will then be in a position to engage further with the Collaborative Forum to finalise arrangements for the publication of the report.
44. Deputy Dara Calleary asked the Minister for Children, Equality, Disability, Integration and Youth the progress on implementation of the 22-point Action Plan following publication of the Mother and Baby Homes Commission of Investigation final report; and if he will make a statement on the matter. [28733/21]
View answerIn responding to the Final Report of the Commission of Investigation, the Government approved the development of a Strategic Action Plan encompassing a suite of 22 specific measures. The Action Plan centres on distinct themes including: access to personal information; archiving and databases; education and research; memorialisation; dignified burial, and restorative recognition. These themes take account of the Commission's recommendations and are intended to respond to the priority needs and concerns of former residents and their families.
Many of these measures are complex and require considerable coordination across Government to implement but I am committed to ensuring that survivors see tangible results as early as possible.
It is important to say that counselling supports were immediately available to survivors and relevant details are available on my Department's website. These telephone based and face-to-face services continue to be available to any person who may require support through the established nationwide network of HSE counselling supports.
Most importantly, I recognise the importance of implementing these measures in a survivor-centred way. Notably, several hundred survivors have contacted my Department since the Commission’s report was published. In responding to this increased demand for direct engagement, we are developing new structures for an enhanced model of survivor engagement. The aim is to create a model capable of supporting sustained communication with survivors and their representative groups in Ireland and abroad.
I tasked an Interdepartmental Group (IDG) with developing detailed proposals for a Restorative Recognition Scheme to provide a financial payment and a form of enhanced medical card. While the IDG must take account of the specific recommendations made by the Commission, its considerations are not limited to those recommendations. The approach of the IDG is underpinned by a human rights focus and informed by an extensive consultation process. The consultation process was undertaken during March and April with almost 450 written submissions received and 159 participants in 17 online meetings. The IDG is working hard to deliver its report to me. I will then be in a position to bring recommendations to Government for its decision on the parameters of the scheme.
I recently published the Heads and General Scheme of the Birth Information and Tracing Bill. In giving effect to my commitment to a survivor centred approach, I have hosted virtual meetings with interested parties in relation to the legislative proposals. I continue to listen carefully to stakeholders on this issue to ensure we can balance personal rights in a fair and compassionate way and right an historic wrong by providing access to birth certificates and early life information.
Related to this legislative work, my Department has recruited an archivist who is leading the work on the preservation of, and public access to, relevant records within my Department. The archivist is part of a new Information Management Unit established to manage the Commission’s archive of records and support compliance with GDPR, including providing access for individuals to their personal information. The archivist will also support expert consideration of future work on the creation of a central repository of records.
In addition, the Certain Institutional Burials (Authorised Interventions) Bill is currently undergoing pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability and Integration. This legislation is required to support the proposed interventions at the Tuam site. It will also enable intervention at any other institutional sites where manifestly inappropriate burials have taken place. I welcome the priority which the Committee has afforded this pre-legislative scrutiny and I look forward to its report contributing to the development of this legislation.
My Department, in collaboration with the Irish Research Council, has commissioned NUI Galway to undertake a research project on language and terminology. The aim of this project is to highlight the stigmatising and labelling language that has been used in the past and to provide guidance as to how to address this issue. The method used will be a 'history of the present' approach which aims to critically analyse the past to help inform the present and the future.
My Department is also advancing separate proposals with the Irish Research Council for a new scholarship programme on childhood disadvantage. I expect further details on this programme to be announced over the summer.
Along with the Commemorative Grant Scheme, established to support survivors in commemorating their experiences in a manner which fits their own specific needs, my Department is scoping the approach to memorialisation initiatives to enable these important measures to be advanced with relevant agencies.
Implementing the Government’s Action Plan is a hugely important process for all connected to these institutions and I will continue to work with Government colleagues and survivors to advance related measures.
45. Deputy Marian Harkin asked the Minister for Children, Equality, Disability, Integration and Youth the timeline for the commencement of the Assisted Decision-Making (Capacity) Act 2015. [28657/21]
View answerWe are working towards a date of June 2022 for full commencement of the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act).
The delays in commencement of the 2015 Act arise from two principal factors. The Decision Support Service, which is the organisation that will operate the progressive provisions of the 2015 Act, has to become operational and to be able to respond to the complex decision-making needs of people with capacity difficulties. Amendments are also required to the 2015 Act before full commencement can take place. Work is actively taking place on an Assisted Decision-Making (Capacity) (Amendment) Bill, which is expected to be enacted by year end. Priority drafting has been secured and publication of the Bill is expected in the Autumn. The amendments will streamline processes in the interests of those using its provisions. They will also strengthen the safeguards included in the 2015 Act.
Some provisions of the Act have been commenced to enable the recruitment of the Director of the Decision Support Service; the establishment of a multidisciplinary working group in relation to Advance Healthcare Directives; and most recently, on the 1st of February this year, the repeal of the Marriage of Lunatics Act, which means that a ward can now marry if she or he has capacity to do so.
The Decision Support Service has made considerable progress in putting in place the administrative and IT systems needed to operate the 2015 Act. To this end a budget of €5.8 million was secured for the Decision Support Service for 2021, a significant increase on its €3.5 million 2020 budget.
A high-level Steering Group, chaired by the Department of Children, Equality, Disability, Integration and Youth, meets monthly to oversee and drive progress towards full commencement. The Steering Group comprises senior officials from the Department of Health, the Department of Justice, the Mental Health Commission, the Courts Service, the HSE and the Decision Support Service, recognising that successful operation of the 2015 Act will involve multiple stakeholders. They are working towards commencement of the 2015 Act in June 2022, with the Decision Support Service opening for business immediately thereafter.
46. Deputy Réada Cronin asked the Minister for Children, Equality, Disability, Integration and Youth if he will request that each Department uphold Ireland’s responsibilities to children under the United Nations Convention on the Rights of the Child and the best interest of the child principle particularly in the critical areas of housing, childcare, health, education and special education in which excessive waiting is causing pain, suffering and damage to the lives of children and their families; and if he will make a statement on the matter. [28486/21]
View answer57. Deputy Réada Cronin asked the Minister for Children, Equality, Disability, Integration and Youth his views on whether the excessive wait time for access to housing, healthcare, childcare and educational services and the inevitable damage caused by same is a breach of the State’s responsibilities under the United Nations Convention on the Rights of the Child; and if he will make a statement on the matter. [28487/21]
View answerI propose to take Questions Nos. 46 and 57 together.
The United Nations Convention on the Rights of the Child, which Ireland ratified in 1992, states in Article 3 that:“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
I am committed to upholding and guaranteeing this principle, through our legislation and provision of services. Where my Department is not directly responsible for specific services we will continue to liaise with the relevant Department where appropriate to ensure that the rights of children are upheld.
UNCRC
Ireland is required to submit regular state reports on measures taken to give effect to the United Nations Convention on the Rights of the Child. The process involves considerable preparation and engagement by my Department with other Government Departments and other civil society stakeholders. The four general principles of the UNCRC are:
- that all the rights guaranteed by the Convention must be available to all children without discrimination of any kind (Article 2);
- that the best interests of the child must be a primary consideration in all actions concerning children (Article 3);
- that every child has the right to life, survival and development (Article 6); and
- that the child’s views must be considered and taken into account in all matters affecting him or her (Article 12).
Ireland’s next examination by the UN Committee on the Rights of the Child is due to take place in May 2022. My Department is currently liaising with other Departments on the 139 separate issues raised by the Committee in their report last November. My Department has also set up an interdepartmental group, with representatives from the following Departments:
- Department of Foreign Affairs
- Department of Justice
- Department of Education and Skills
- Department of Health
- Department of Social Protection
- Department of Housing, Local Government and Heritage.
The reporting process involves considerable preparation and engagement with other Government Departments and other civil society stakeholders.
Children First Act 2015
The Children First Act 2015 requires organisations providing services to children to keep children safe and to produce a Child Safeguarding Statement. It also mandated the establishment of the Children First Interdepartmental Implementation Group (CFIDIG). Membership of the CFIDIG includes all government departments, Tusla, the HSE and An Garda Síochána. While Departments and agencies are responsible for child protection issues arising in their own sphere of responsibility, the CFIDIG provides a forum at which child safeguarding issues with a cross-departmental focus can be raised as required.
The Child Care Act, 1991
My Department is currently reviewing the Child Care Act, a wide-ranging piece of legislation which, at its core, seeks to promote the welfare of children who may not receive adequate care and protection. Proposals, which will be shortly presented to Government, include embedding the child’s best interests as the paramount principle to be observed in all decisions taken under the Act.
First 5
First 5 is Ireland’s first ever cross-departmental strategy to support babies, young children and their families. It is a Whole-of-Government Strategy for Babies, Young Children and their Families 2019-2028
The ambitious ten-year plan will deliver:
- a broader range of options for parents to balance working and caring
- a new model of parenting support
- new developments in child health, including a dedicated child health workforce
- reform of the Early Learning and Care (ELC) system, including a new funding model
- a package of measures to tackle early childhood poverty
47. Deputy Michael Moynihan asked the Minister for Children, Equality, Disability, Integration and Youth the status of Ireland’s plan to sign the Optional Protocol to the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [28737/21]
View answerThe Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities is an international treaty that establishes two procedures aimed at strengthening the implementation and monitoring of the Convention. The first is an individual communications procedure allowing individuals to bring petitions to the Committee claiming breaches of their rights; the second is an inquiry procedure giving the Committee authority to undertake inquiries of grave or systematic violations of the Convention.
The Programme for Government reiterates the commitment to ratify the Optional Protocol after the first reporting cycle.
48. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth if he will outline the effectiveness of supports provided to early years childcare during the pandemic; the planned continued supports for same; and if he will make a statement on the matter. [28677/21]
View answerSince the onset of Covid-19, my Department has put in place a range of supports for Early Learning and Care and School Age Childcare (ELC/SAC) services. The objective of these supports have been to:
- support providers’ sustainability to enable services return to normal once restrictions were lifted;
- support providers to retain their staff;
- ensure that ELC/SAC could reopen and remain open, even at very low levels of occupancy;
- ensure that ELC/SAC could operate safely for children, families and staff;
- ensure that increased costs associated with public health requirements, and lower demand / occupancy were not passed on to parents;
- achieve administrative efficiency through the continued use of existing funding schemes and other whole of economy supports; and
- protect exchequer investment.
Supports include the continuation of DCEDIY subsidy schemes on an ex-gratia basis (12 March – 5 April 2020); the Temporary Wage Subsidy Childcare Scheme (6 April – 28 June 2020); the Reopening Funding Package (29 June – 23 August 2020), the July Stimulus Package that included the EWSS and a Sustainability Fund (from 24 August to end December 2020) and tailored funding arrangements to respond to Level 5 restrictions in the post-Christmas period, that included a new Covid-19 Operating Support Payment and a new Covid-19 strand of the Sustainability Fund, in addition to the EWSS.
ELC/SAC employers continue to be entitled to access the EWSS with an exemption to having to demonstrate the drop in turnover that applies to other sectors. Since October 2020, EWSS has been paid at enhanced rates and these rates are estimated to cover, on average, 80% of staff costs in the sector, or 50% of total operating costs.
There is strong evidence of the effectiveness of these supports.
The data on services that have closed and opened in 2020 are directly comparable to 2019 so there has been no loss of capacity:
- 197 services that were on the Early Years Register reported permanent closure to Tusla in 2020 compared to 196 in 2019.
- 91 new services were registered in 2020 compared to 93 in 2019.
Data from the Office of the Revenue Commissioners indicates that the number of employees in the sector has not changed substantially over the course of the pandemic
Data from the Annual Early Years Sector Profile 2020 Survey revealed no significant increase in fees charged to parents. The 2021 Survey will shortly go live to all providers to enable the collection of additional data on the impact of the Covid-19 and the measures taken by Government to support the sector. I anticipate this data being available in the coming months.
Planning is current underway by the Department of Finance in respect of the next phase of the EWSS and officials in my Department have engaged in this planning in respect of the ELC/SAC sector.
49. Deputy Neale Richmond asked the Minister for Children, Equality, Disability, Integration and Youth the medium-term plans of his Department to develop afterschool care; and if he will make a statement on the matter. [26127/21]
View answerMy Department's overarching objectives for school-age childcare (SAC) are, like its objectives for early learning and care (ELC), to strengthen the quality, affordability and accessibility of provision. Specific commitments are included in the Action Plan on SAC (published in 2017), which sets a strategic direction for SAC, and in First 5 (which covers the period 2019-2028).
Two of the central commitments in the Action Plan on SAC were the development of quality standards and introduction of a quality assurance system. Initial Regulations for SAC were introduced in 2019, to enable SAC services to register with Tusla and take part in the National Childcare Scheme. My Department then published National Quality Guidelines for SAC Services in September 2020. The National Quality Guidelines, which describe the features of good quality practice in SAC, are an important resource for the diverse range of services that provide SAC in Ireland today. Key actions over the coming years will include roll-out of training to support implementation of the Guidelines, and the development and introduction of comprehensive regulations for SAC.
First 5 commits to introduce a minimum qualification for all staff working in SAC services, with an appropriate period of time to meet the requirement. Work is currently under way through the Workforce Development Plan to specify an appropriate qualification requirement. Implementation of the Workforce Development Plan over the coming years will involve roll-out of relevant training for staff and services.
The future development of both SAC and ELC will be shaped by a number of major projects under way at present, including the Workforce Development Plan and development of a new funding model for the sector. In addition to setting minimum qualifications, the Workforce Development Plan is looking at ways to raise the profile of careers in the sector, strengthen CPD, and build a more gender-balanced and diverse workforce. The Expert Group on a new funding model is examining mechanisms to ensure that increased State investment delivers for children and families to ensure greater levels of affordability, accessibility, quality and inclusion. Reports on both initiatives are due by the end of the year.
Other reforms signalled in First 5 and other national strategies may also encompass SAC over the coming years, including development of additional supports in areas of disadvantage, and capital investment under the National Development Plan.
50. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth the way he plans to deal with the increase in the length of waiting lists for Tusla services over the past 12 months; the way he plans to increase investment and resources to deal with these lengthened waiting times; and if he will make a statement on the matter. [28751/21]
View answerDeputy CAMHS services and assessment of needs as it relates to the disability act 2005 fall under the remit of the Health Service Executive and the Department of Health. In the normal course of events we would seek a transfer to that Dept. to provide as full an answer to your question as possible, at this time the ongoing fall out from the cyber-attack has greatly impacted those organisations ability to respond to questions.
You may be aware an Assessment of Need is an assessment carried out by the HSE for children or young people with a disability. The assessment identifies the child's health needs and what health services are needed to meet the child’s needs.
You may already be aware that I secured an additional €61M for Tusla, the Child and Family Agency, in 2021, bringing the total budget to €878M. The impact of the Covid-19 pandemic saw Tusla continue providing a frontline service, the most recent cyber-attack is another obstacle to normal service. Tusla staff continue to provide a service to those most at risk in society.
There is significant demand for Tusla services, recently published data showed Tusla received in excess of 60,000 Referrals in 2020 and 4,931 referrals in January 2021. Referrals include those meeting the eligibility criteria for child protection and welfare services, multiple reports of the same concern and referrals not meeting the eligibility criteria for a Tusla services. Such referrals are often redirected to appropriate agencies or additional family supports are considered.
At the end of January 2021 there were 19,966 cases open to Tusla Social workers of which 16,189(81%) were allocated. Over the last 12 months Tusla has on average had 19% of open cases unallocated. Of the 3,777 unallocated cases 2,263(60%) were “active on duty”. This means that actions were undertaken by dedicated duty teams or social workers on a duty roster to monitor the case. Tusla has outlined its corporate plan for 2021 – 2023 a target reduction of 30% in all national waiting lists over the three year period.
Tusla’s published performance indicators have consistently identified five of 17 areas regularly accounting for 60% of unallocated cases. Tusla’s response is that any area where unallocated cases rise above 25% of their open cases receive a dedicated response. Where staff vacancies are identified as contributory cause a bespoke recruitment campaign will be put in place. There will also be a strengthening of family support services, of social workers teams managing referrals and of social work staff specifically dealing with retrospective cases. The area will also be monitored and supported by internal audits and further staff training.
Tusla has prioritised staff retention and recruitment and has begun to engage with social work graduates to conduct interviews prior to graduation, improving the pool of potential recruits. Tusla have also conducted a conversion of agency staff to Tusla staff which will improve continuity of service. My Department has also established a Social Work Education Group looking to expand the throughput of suitably qualified Social Work graduates.
