Written Answers Nos. 1074-1090
1074. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth the number of children in State care at the start of December 2021, in tabular form indicating the type of care, for example, foster, private, residential and secure; and if he will make a statement on the matter. [63276/21]
View answerThe Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.
1075. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth the number of times that children in State care have been accommodated in hotel accommodation each month in 2021, in tabular form; the policies and procedures for such instances; and if he will make a statement on the matter. [63277/21]
View answerThe Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.
1076. Deputy Pádraig Mac Lochlainn asked the Minister for Children, Equality, Disability, Integration and Youth the total budget in his Department for the Traveller and Roma communities and the Traveller unit and considering the scale of the challenges across the country for the Traveller and Roma communities; the way his Department made the decision to allocate only a 3% increase; and the percentage increase in funding that had been requested. [63283/21]
View answerThe National Traveller and Roma Inclusion Strategy (NTRIS) provides a framework for action on Traveller and Roma issues. It represents a whole of Government approach and brings Government Departments and Agencies together with representatives of Traveller and Roma communities to bring a focus to the issues which affect them most in a structured way.
Funding is provided across a range of Government Departments to support and address the specific needs of the Traveller and Roma communities in Ireland.
Under NTRIS, I secured funding of €5.659m to support Traveller and Roma initiatives in 2022. The funding will be used to provide core funding to a number of Traveller and Roma Organisations and an increase of 3% has been provided to a number of NGOs. The funding will also be used to support a number of important initiatives and projects, for example, employment projects, education projects, a number of social inclusion and cultural projects,, mediation and counselling services and others.
The Covid19 pandemic has highlighted the specific nature and extent of the needs of the Roma and Traveller communities and I have secured an additional €880,000 in Dormant Account Funds which will be used to support a number of specific projects to support the communities in 2022. This represents an overall increase of 24% in the budget for Traveller and Roma activities for 2022.
1077. Deputy Pa Daly asked the Minister for Children, Equality, Disability, Integration and Youth his views in respect of the €12.5 million capital allocation under the international protection spending heading within the Revised Estimates 2022. [63339/21]
View answerThank you for your question Deputy Daly. As part of the budget process I was delighted that my department was allocated €28m in 2022 for implementation of the new model of accommodation for international protection applicants. This breaks down as €12.5m in capital expenditure and €15.6m in current expenditure.
The implementation of the White Paper is a large and complex project. In order to ensure that it is achieved, a phased approach is being taken. Particular areas of delivery will be prioritised in 2022. There will be a focus on putting in place the building blocks and building capacity for the project so that the full transition to the new model will be achieved by the end of 2024.
Over the past number of months, the Transition Team, established to implement the new model of accommodation, has been working closely with the Department of Housing, Local Government and Heritage, the Housing Agency and Local Authorities on developing the new accommodation model. This work has included putting in place a policy and process for the acquisition of Phase Two accommodation.
The preparatory work has now been completed. The sourcing and acquisition of accommodation in the community has begun and the €12.5m allocated as capital expenditure for 2022 will focus on:
- The acquisition of Phase Two accommodation through a multi-stand approach including turnkey properties and properties that require upgrading/renovations. Part of the current expenditure budget allocated will also be used to roll out a rent room scheme and the sourcing of private tenancies.
- A funding scheme for Approved Housing Bodies so that they can begin to bring properties on stream and to develop a pipeline for Phase Two accommodation.
In addition to the above, the planning process for capital projects including the Reception and Integration Centres and an urban renewal scheme will be initiated. Inevitably, the focus will be on planning and design in 2022 of this part of the new model.
1078. Deputy Thomas Gould asked the Minister for Children, Equality, Disability, Integration and Youth if his Department will consider granting asylum to a family (details supplied). [63356/21]
View answerThank you for your question Deputy. As you may be aware, my Department does not comment on individual cases publicly but I can confirm that this case is currently under consideration.
1079. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth the number of judicial review cases settled in relation to the Final Report of the Commission of Investigation into Mother and Baby Homes on 17 December 2021; and if he will make a statement on the matter. [63434/21]
View answerOn 17 December, I agreed to settle eight judicial review cases in relation to the Final Report of the Commission of Investigation into Mother and Baby Homes in light of the evidence given by the applicants in the two lead cases to the Court on the procedural matter of being identifiable.
As part of this settlement, I published an acknowledgement alongside the Final Report stating that a number of survivors do not accept the accounts given in the Final Report as a true and full reflection of what they said to the Confidential Committee or the Commission of Investigation.
I have always recognised the concerns of some survivors about the Final Report and this written statement formalises that acknowledgement.
I also acknowledge that, because the relevant parts of the draft report were not furnished to the applicants, they did not have the opportunity to ask the Commission to correct statements within the report that they believed to be wrong. The statement identifies key paragraphs of concern to the applicants in these cases.
Finally, in light of the evidence on identity presented to the Court by the applicants in the two lead cases, I consented to a declaration that the Commission, by failing to provide the applicants, who were identifiable in the Final Report, with a draft of the report, or relevant part of the report, as required by section 34(1) of the Commission of Investigation Act 2004 prior to submitting the Final Report to me, acted in breach of statutory duty.
I hope that this settlement gives some comfort to the applicants.
The Commission of Investigation into Mother and Baby Homes carried out a significant and wide-ranging statutory inquiry using powers under the Commissions of Investigation Act, 2004. It carried out its inquiry independent of Government, and relied on the testimony of hundreds of survivors and millions of pages of documentary evidence.
I recognise the courage of survivors and former residents of the Mother and Baby institutions in giving this testimony and thank them for their valuable contributions.
I appreciate that the findings and recommendations of the Commission are important to many survivors. While I acknowledge that specific paragraphs are not accepted by a number of survivors, I am also aware that some of those paragraphs may reflect the experiences and evidence of other survivors.
I have committed to developing a new mechanism which will allow survivors’ personal accounts to be recorded, acknowledged and stand as part of the official record of Mother and Baby and County Home Institutions. This is intended to address the concerns and disappointment expressed by some survivors regarding how the personal accounts they gave to the Commission’s Confidential Committee were treated. This process will feed into Government’s broader work in the area of memorialisation, and it is hoped that the outcome will form the heart of a National Memorial and Records Centre. This commitment is reflected in Government’s Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions, published in November.
Through this new mechanism, I propose to establish a process for any survivor of Mother and Baby and County Home Institutions who may wish to come forward voluntarily with a view to having their personal account formally recognised as part of the official record of the history and lived experience of these institutions. The process will be underpinned by human rights principles and overseen and managed by a team with expertise in human rights, trauma and memory, communications and oral history.
Scoping work for this process has recently commenced and I hope to be in a position to provide further details shortly.
1080. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth his views on whether the redress scheme proposed for the mother and baby homes survivors and victims is adequate and robust given that it is based on an admitted flawed report as its reference point in view of the recent High Court settlement; if he will now consider a full review of the redress scheme; and if he will make a statement on the matter. [63460/21]
View answerThe Government-approved proposals for the Mother and Baby Institutions Payment Scheme were developed taking a range of important matters into consideration including the feedback from a public consultation process. When tasking an Interdepartmental Group with developing proposals for a Scheme, the Government agreed that these proposals should take account of the recommendations in the Final Report of the Commission of Investigation, but not be limited to these recommendations. The proposals, therefore, go well beyond these recommendations and, in particular, the Scheme will include:
- Women who spent time in the institutions before and after 1974
- All children who spent more than six months in one of the institutions, regardless of whether they were ‘accompanied’ or ‘unaccompanied’
- All women regardless of the time spent in an institution.
Extensive engagement with survivors made it clear that it was a priority that the Scheme be non-adversarial, simple and require a low burden of proof. This is what the approved proposals for the Scheme seek to deliver. Beyond the Mother and Baby Institutions Payment Scheme, the needs of all those who spent time in one of the institutions will be addressed in some way through the Government’s comprehensive Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions
Work is underway on the draft legislation required to establish the Mother and Baby Institutions Payment Scheme and through the legislative process there will be an opportunity to examine any issues or concerns that have been raised in relation to the Scheme.
1081. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth his views on whether the Mother and Baby Home Commission of Investigation Report no longer stands as a credible record and the Government must now drastically amend the redress scheme to recognise all human rights violations given the High Court declaration on 17 December 2021 that eight survivors were denied fair procedures by the Commission of Investigation; if his Department will hold an inquest held into the deaths and disappearances of children and mothers; and his further views on whether the Government must give full access to the Commission archive. [63472/21]
View answerOn 17 December, I agreed to settle eight judicial review cases in relation to the Final Report of the Commission of Investigation into Mother and Baby Homes in light of the evidence given by the applicants in the two lead cases to the Court on the procedural matter of being identifiable.
As part of this settlement, I published an acknowledgement alongside the Final Report stating that a number of survivors do not accept the accounts given in the Final Report as a true and full reflection of what they said to the Confidential Committee or the Commission of Investigation. I have always recognised the concerns of some survivors about the Final Report and this written statement formalises that acknowledgement.
In light of the evidence on identity presented to the Court by the applicants in the two lead cases, I also consented to a declaration that the Commission, by failing to provide the applicants, who were identifiable in the Final Report, with a draft of the report, or relevant part of the report, as required by section 34(1) of the Commission of Investigation Act 2004 prior to submitting the Final Report to me, acted in breach of statutory duty.
I hope that this settlement gives some comfort to the applicants.
The Commission of Investigation into Mother and Baby Homes carried out a significant and wide-ranging statutory inquiry using powers under the Commissions of Investigation Act, 2004. It carried out its inquiry independent of Government, and relied on the testimony of hundreds of survivors and millions of pages of documentary evidence.
I recognise the courage of survivors and former residents of the Mother and Baby institutions in giving this testimony and thank them for their valuable contributions.
I appreciate that the findings and recommendations of the Commission are important to many survivors. While I acknowledge that specific paragraphs are not accepted by a number of survivors, I am also aware that some of those paragraphs may reflect the experiences and evidence of other survivors.
The proposals for the Mother and Baby Institutions Payment Scheme were developed taking a range of important matters into consideration, including the feedback from a public consultation process. The proposals take account of the recommendations in the Final Report of the Commission of Investigation, but also go well beyond these recommendations. In particular, the Scheme will include:
- Women who spent time in the institutions before and after 1974
- All children who spent more than six months in one of the institutions, regardless of whether they were ‘accompanied’ or ‘unaccompanied’
- All women regardless of the time spent in an institution.
Extensive engagement with survivors made it clear that it was a priority that the Scheme be non-adversarial, simple and require a low burden of proof. This is what the approved proposals for the Scheme seek to deliver.
Work is underway on the draft legislation required to establish the Mother and Baby Institutions Payment Scheme and through the legislative process there will be an opportunity to examine any issues or concerns that have been raised in relation to the Scheme.
In relation to inquests into deaths and disappearances, my Department does not have the authority to hold inquests. I am aware that An Garda Siochána carefully considered the Commission's final report and determined that there was insufficient information available in the report to commence criminal investigation. Coroners are independent public officials who have the general duty to hold an inquest if they are of the opinion that a death or deaths may have occurred in a violent or unnatural manner or happened suddenly and from unknown causes. The Coroners Act 1962 makes limited provision in respect of exhumation and removal of a body, providing only for the Minister for Justice to order an exhumation at the request of the Coroner if the Coroner is informed by a member of An Garda Síochána that a death or deaths may have occurred in a violent or unnatural manner.
The General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill, which was approved and published in December 2019, was designed to provide the required legal basis for exhumation, identification and dignified reburial of the infants at the Tuam site and other locations should similar circumstances come to light. The decision to develop the legislation took into account the findings of an Expert Technical Group and the advice of the Attorney General, which underlined the need for a single statutory authority to oversee the full programme of intervention (including excavation, exhumation, identification and reinternment) required at Tuam, and other locations should similar circumstances come to light. The Bill underwent Pre-Legislative Scrutiny in the first half of 2021 and the Joint Oireachtas Committee published its report in July. I am currently carefully considering the recommendations from that process and hope to publish this Bill in the coming weeks.
The proposed legislation is intended to complement the Coroners Act 1962 by providing a mechanism for guaranteed intervention at the Tuam site. It will not remove the obligation on the coroner to hold an inquest where it is required under the 1962 Act and, importantly, where the remains show evidence of violent or unnatural death, the Director overseeing the intervention must immediately inform An Garda Síochána and the coroner within whose district the remains were recovered.
The Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions, which I published in November, sets out the full range of Government responses to the publication of the Commission’s report. In line with a core action in the plan, my Department has taken possession of the archive of the Commission, ensuring access to personal information in accordance with the General Data Protection Regulation. In addition, the Action Plan commits to the establishment of a National Memorial and Records Centre, which will include archiving relevant records and survivor accounts, as well as presenting the historical and social context.
1082. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the recommendations of the Joint Oireachtas Committee on Children, Disability, Equality, Integration and Youth on the Birth Information and Tracing Bill; and if he plans to ensure these recommendations are implemented. [63473/21]
View answerThe report of the Pre-legislative Scrutiny of the General Scheme of the Birth Information and Tracing Bill was received from the Chair of the Oireachtas Committee on Children, Equality, Disability, Integration and Youth in mid-December 2021.
My officials and I have carefully considered the recommendations set out within. Having had the opportunity to partake in the pre-legislative scrutiny process and engage with stakeholders directly, I can assure the Deputy that very many of the recommendations have been addressed in the further development of the Bill, since the General Scheme was published in May.
Additionally, some recommendations contained within the report can be further considered in the implementation of the legislation, and many of these recommendations have been, or are anticipated to be, addressed by the Implementation Group led by my Department.
This important legislation has been long awaited by many, and its urgent need has been recognised by all political parties, stakeholder groups, and professionals working in this area. It is therefore a priority for this Government and I look forward to advancing it as quickly as possible in 2022.
1083. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth the instructions given to childcare providers in relation to dealing with restrictions, procedures and reporting concerning Covid-19 cases in their workplaces; and if he will make a statement on the matter. [63490/21]
View answerEarly learning and childcare providers have been provided with guidance from the HSE and my Department in relation to operating throughout the COVID-19 pandemic. Specific sectoral Infection Prevention and Control guidance was published by the Health Protection Surveillance Centre (HPSC) and most recently updated on 14th January 2022.
The exclusion of children and staff members with any symptoms of COVID-19 is very important in the effort to keep COVID-19 out of settings. With regard to identifying symptoms of COVID-19 in children and staff, relevant guidance is available on the HSE website. In addition to the sector-specific HPSC guidance, an Isolation Quick Guide has been produced by the HPSC and was last updated on 14 January 2022. This useful guide can help service providers and parents to decide when a child may or may not attend a service.
My Department has provided advice in relation to informing parents of a positive case within early learning and childcare settings. An antigen testing programme in early learning and childcare was introduced from 15 December 2021. As part of this programme, settings may inform parents of a positive case to enable the parents to access antigen tests for children aged 4 years and older. An update to the antigen testing programme due to changes in public health guidance issued to the sector on 14th January 2022.
My Department also provided updates to early learning and childcare providers on 14th January 2022 regarding HSE public health guidance, force majeure guidelines, and the extension of the Grant Programme for Ventilation and Outdoor Play.
Tusla's Early Years Inspectorate continues to communicate regularly with early learning and childcare providers in relation to regulatory requirements and supports and any changes due to COVID-19. Providers are required by Regulations to notify Tusla of notifiable incidents, including cases of COVID-19. On 10th January 2022, Tusla provided additional guidance to providers in relation to the notification of incident requirement.
My Department continues to meet regularly with key stakeholders as part of ongoing supports to the early learning and childcare sector during COVID-19 and to provide relevant sectoral guidance as necessary.
Further support for early learning and childcare providers in relation to restrictions, procedures and reporting concerning COVID-19 cases is available through:
- HSE Public Health operate a dedicated helpline for early learning and childcare services that provides support for services with a confirmed case of COVID-19. This helpline can be accessed on 01-5119777.
- A national out-of-hours COVID-19 support helpline for early learning and childcare services for support in relation to a suspected or confirmed case of COVID-19. This helpline can be accessed on 1800 940341 Saturday, Sunday and bank holidays.
- Tusla Early Years Inspectorate has a suite of support documents in relation to COVID-19 regulatory support available on their website www.tusla.ie/services/preschool-services/early-years-providers/early-years-inspections-2/covid-19-2/ .
- Local City and County Childcare Committees (CCCs) provide supports to services in relation to COVID-19 or any general queries. Contact details for CCCs are available on www.myccc.ie.
1084. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if it is mandatory for all childcare providers to register with Tusla in advance of opening their doors for business; if it is mandatory for Tusla to carry out a health and safety inspection of the premises in advance of opening; and if he will make a statement on the matter. [63491/21]
View answerAs the subject matter of the Deputy's question relates to an operational matter for Tusla, I have referred the matter to them for a direct reply.
1085. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth if he will review a case (details supplied) regarding resources for a family resource centre in County Monaghan; and if he will make a statement on the matter. [63510/21]
View answerTusla, the Child and Family Agency, administers the Family Resource Centre (FRC) Programme which provides funding to 121 Centres across the country. My Department allocates core funding for the FRC Programme and since 2019, I have provided an additional €1.5m to these important services. Overall funding for this Programme last year amounted to some €18m. I appreciate the work of Clones FRC and the Beacon Project Family Support Services in improving the lives of children and families in the Clones area, especially during the difficulties experienced through COVID-19.
Tusla is required by law to be independent in its work as set out in Section 8(11) of the Child and Family Agency Act 2013 that 'the Agency shall be independent in the performance of its functions'. The commissioning of services and requests for additional funding of the type outlined are best addressed as an operational matter for Tusla. However, I am aware of the FRC's request for an additional core worker. Tusla has advised the Department that the current level of funding is to sustain existing services operating in the FRC Programme. The Area Manager considers proposals in the context of the commissioning priorities in the local area. Tusla aims to utilise the resources available in the most equitable, proportionate and sustainable way to improve outcomes for children and families. Tusla has advised that the request from Clones FRC has been noted by Tusla’s National Commissioning Office should they receive additional funding.
In relation to the refugee families that the FRC helps, the Department does not have a role in resettlement supports as this is a matter for Local Authorities. I would encourage the Deputy to contact Monaghan Local Authority in relation to any issues around the support of resettled refugees.
I was pleased to announce in Budget 2022 that Tusla has been allocated €899m for 2022, which is an increase of €41m over the amount allocated in Budget 2021. However, whether funding for additional services of the type requested by the FRC will be available is not yet established and is subject to the finalisiation of Tusla's Business Plan for 2022.
I will continue to work with my colleagues in Government, Tusla and our service delivery partners to ensure we meet the needs of children, young people and their families across Ireland.
1086. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth his plans in relation to the precarious nature of private family arrangements that Tusla regularly enter into; and if he will make a statement on the matter. [63586/21]
View answer1087. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the number of private family arrangements that were entered into by Tusla in 2019, 2020 and 2021; and if he will make a statement on the matter. [63587/21]
View answer1088. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to bring forward legislation regarding the number of private family arrangements that have been entered into by Tusla; and if he will make a statement on the matter. [63588/21]
View answerI propose to take Questions Nos. 1086, 1087 and 1088 together.
Tusla’s statutory obligations in relation to children and families stem primarily from the Child Care Act 1991. Tusla is responsible for promoting the welfare of children not receiving adequate care and protection. In doing so, the best interests of the child are paramount, but Tusla also seeks to have regard to the rights of parents and to the principle that it is generally in the best interests of a child that they are brought up in their own family.
In this context, Tusla may take a child into care, in accordance with the statutory provisions, when a parent is unable to provide that care and requests that Tusla provide alternative care for their child, or where it has been determined through a judicial process that the child has been exposed to a level of harm and/or will be exposed to a level of harm that cannot be prevented other than removing them from the parent’s care.
There is no formal definition of “private family arrangements”, but there are a number of circumstances in which Tusla may engage with a child and their family, where the child is not in care.
As part of Tusla’s intervention, a parent and their wider family may agree to a plan that sees a child living with extended family, relatives or friends. Such arrangements can be a key component of a safety planning process where there are ongoing concerns of harm to a child that require Tusla’s ongoing involvement to assure the child’s safety. Tusla remains involved in such cases until such time as the child’s safety has been evidenced over time or until a decision is made to invoke formal care arrangements, which can be in the form of relative foster care.
A parent and their extended family can also agree a temporary arrangement to support the care of the child while the parent gets respite and support. Where support is required Tusla can provide such support to the child, parent and carer through what is often referred to as a family support plan. There are also legal provisions under guardianship legislation for the family to have such arrangements made more formal through the appointment of a temporary or full guardian. Tusla is often made a notice party to such applications to support the Court in its decision making process.
A parent/family may also enter into a temporary care arrangement with a relative where no support is required and where Tusla has no involvement. Where a parent enters into a private care arrangement with someone who is not a guardian or relative and where Tusla has not had any involvement, the Child Care Act (Part IVB) requires the parent to notify Tusla of such an arrangement. Tusla has the authority to determine the suitability of such an arrangement if required and to apply to the District Court for directions if it believes the arrangement is not in the child’s best interests. Such notifications are rare.
If Tusla has concerns in relation to a child’s safety or welfare or risk of harm, wherever the child is placed, Tusla would provide the same supports and interventions that they provide to any family including invoking the statutory processes to take a child into care under the Child Care Act 1991 .
Tusla does not collate data on arrangements where families, even in consultation with Tusla, establish an alternative temporary care arrangement within their family or family network. However, data is published by Tusla on children who are in receipt of family support, children who are in ongoing child protection safety planning processes and children who are in the formal care of the State.
As you will be aware the Department submitted proposals to amend the Child Care Act, and received Government approval for the drafting of the Heads and General Scheme of a Child Care (Amendment) Bill. The Heads of Bill are currently being drafted, and further policy work is being undertaken. Consideration of the role of Tusla in supporting children and families in the community and in the formal care system forms part of the process.
1089. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of persons currently serving sentences in juvenile detention facilities in the State; and if a breakdown can be provided on the ages or age brackets of these persons in tabular form. [1017/22]
View answerOberstown Children Detention Campus is the sole facility for the detention of young people in the state.
On 11/01/2022, a total of 13 young people were detained and serving sentences in Oberstown, broken down as follows:
|
Legal Status |
Currently Serving Sentences |
Age 15 |
Age 16 |
Age 17 |
Age 18 |
|
Detention Order |
13 |
2 |
5 |
5 |
1 |
In addition, 16 young people were detained on remand orders in Oberstown as of 11/01/2022.
1090. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the number of social workers employed to work in juvenile detention centres. [1022/22]
View answerOberstown Children Detention Campus is the sole facility for the detention of children in the state. There is one social worker employed on a fulltime basis in Oberstown.
Additionally, such services are provided to young people at Oberstown by Tusla through ACTS - the Assessment Consultation Therapy Service. ACTS is a national specialised clinical service that provides multidisciplinary consultation, assessment and focused interventions to young people who have high risk behaviours associated with complex clinical needs.
