Dáil Éireann Debate, Thursday - 6 October 2022
292. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the decision-making process regarding the re-designation of children's residential care organisations for re-designating sections 38 and 39 residential childcare organisations as section 56. [49217/22]
View answer293. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the consultation regarding the re-designation of children's residential care organisations that took place with the management and staff of these organisations before being re-designated as section 56 organisations. [49218/22]
View answer294. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if management and staff of section 38 and 39 organisations were informed by either his Department, the HSE or Tusla of any potential changes to their terms and conditions regarding the re-designation of children's residential care organisations. [49219/22]
View answer295. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the basis on which section 56 organisations were informed that their funding would be reduced by an initial 5% if they refused to sign section 56 service level agreements with Tusla regarding the re-designation of children's residential care organisations; if any of these organisations lost funding as a result; and if so, the number. [49220/22]
View answer297. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the way in which the relationship between organisations (details supplied) differs from the employment relationship between section 39 organisations that received pay restoration and the HSE, which funds them. [49222/22]
View answerI propose to take Questions Nos. 292, 293, 294, 295 and 297 together.
As Minister for Children, Equality, Disability, Integration and Youth I value highly the work of the community and voluntary sector across the country that provide services to and on behalf of Tusla, the Child and Family Agency. I am conscious of the extremely positive impact these organisations have on improving outcomes for children, young people and families all over Ireland.
I understand that where the Deputy refers to Section 38 and Section 39, he is referring to the Health Act 2004, which is a matter for the Minister for Health. The Workplace Relations Commission (WRC) agreement reached between the Department of Health and HSE and trade unions representing staff in certain section 38 & 39 organisations is a matter for the Minister for Health.
The Child and Family Agency Act 2013 provided for the establishment of Tusla, which included the transfer of certain functions of the Health Service Executive to the new Agency. The Act was signed into law on the 15th December 2013 following substantial consultation and legislative scrutiny.
Community and voluntary organisations who provide valuable services to help Ireland's children and families had, prior to the establishment of Tusla, been receiving funding from the HSE. Since establishment of Tusla in 2014, many of those organisations began to receive their funding from Tusla. The arrangements that Tusla enters into with a person or organisation for the provision of child and family services have been subject to the provisions of Part 8 of the Child and Family Agency Act, 2013. In accordance with Section 56 of that Act, Tusla commissions service providers in over 600 community and voluntary sector bodies to deliver services on its behalf. The commissioning of services is an operational matter for Tusla. Section 56 (2) requires that Tusla determines the maximum funding it proposes to make available during the course of each year under each arrangement and the level of service it expects to receive in return for that funding. Such relationships are then governed under a service level agreement. These service level agreements provide clarity to all involved on the available funding and the level of service being commissioned.
The service providers operate independently of Tusla and are responsible for their own internal resource management including the recruitment of employees and the terms and conditions under which their staff are employed. The remuneration of the staff of these bodies is therefore a matter for these organisations as employers.
Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other '.
