Written Answers Nos. 287-299
287. Deputy Mairéad Farrell asked the Minister for Social Protection if she has considered a small tax credit for qualifying families who may have children with complex special needs in relation to the fuel allowance; and if she will make a statement on the matter. [49362/22]
View answerFirstly, matters relating to the introduction of a tax credit for families who have children with complex special needs is not under the remit of the Department of Social Protection and should be referred to the Department of Finance.
With regards to the Fuel Allowance payment, the criteria for Fuel Allowance are framed in order to direct limited resources in as targeted a manner as possible. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own. To receive the Fuel Allowance payment, a household must satisfy all relevant qualifying criteria.
My Department provides additional support to families who have children with complex special needs in the form of the Domiciliary Care Allowance. The Domiciliary Care allowance is a monthly payment of €309.50 to the carer of a child with a disability. The allowance may be used for the additional costs involved in caring for the child. From January 2023, the payment will increase to €330 per month.
A person caring for children with complex special needs may, subject to satisfying the relevant qualifying conditions, qualify for Carer's Allowance or Carer's Benefit. These schemes provide financial support to people who are caring full-time for a person who needs support because of age, disability or illness.
I hope this clarifies the matter for the Deputy.
288. Deputy James O'Connor asked the Minister for Children, Equality, Disability, Integration and Youth the action that he will take to provide those who were subjected to differential treatment in childcare institutions with effective remedies, through the mother and baby payment scheme, in particular to provide redress for the harms caused due to racial discrimination and systemic racism. [49139/22]
View answer306. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth the actions that he plans to take, to provide those who were subjected to differential treatment in childcare institutions with effective remedies, through the mother and baby institutions payment scheme, in particular to provide redress for the harms caused due to racial discrimination and systemic racism; and if he will make a statement on the matter. [49335/22]
View answer307. Deputy Gary Gannon asked the Minister for Children, Equality, Disability, Integration and Youth if he will respond to the latest statement of the special rapporteurs of the United Nations Human Rights Council made on Friday 23 September 2022 calling on Ireland to introduce adequate redress for systemic racism and racial discrimination in childcare institutions; the actions that he plans to take to provide those who were subjected to differential treatment in childcare institutions with effective remedies, through the mother and baby institutions payment scheme, in particular to provide redress for the harms caused due to racial discrimination and systemic racism; and if he will make a statement on the matter. [49399/22]
View answerI propose to take Questions Nos. 288, 306 and 307 together.
The Government takes its responsibility to investigate and address historic wrongs and allegations of human rights abuses very seriously. Since 1999, Ireland has undertaken investigations into allegations of abuse in several institutional settings. These investigations have sought to establish the facts relating to the operation of the institutions, as well as the manner in which those who were resident in them were treated.
In establishing the independent statutory Commission of Investigation into Mother and Baby Homes in February 2015, the then Government sought to ensure an independent and thorough investigation of what happened to vulnerable women and children in these institutions during the period 1922 to 1998. Notably, the Commission was specifically tasked with investigating concerns related to systematic discrimination within these institutions.
Following publication of the Final Report of the Commission of Investigation into Mother and Baby Homes, An Taoiseach offered a formal apology on behalf of the Government, the State and its citizens to all those who spent time in these institutions. In this apology, An Taoiseach acknowledged the failings of the State, over many decades, to protect vulnerable citizens, and to uphold their fundamental rights. The State apology recognised the “additional impact which a lack of knowledge and understanding had on the treatment and outcomes of mothers and children with different racial and cultural heritage, those who faced mental health challenges, or those with physical and intellectual disabilities”.
It was further acknowledged that “such discriminatory attitudes exacerbated the shame and stigma felt by some of our most vulnerable citizens, especially where opportunities for non-institutional placement of children were restricted by an unjust belief that they were unsuitable for placement with families”.
This State apology marked a starting point for further measures designed to address the needs and concerns of survivors and their families.
I am acutely aware that there is no financial payment which could make up for the immense pain and suffering endured by so many of our citizens whose lives have been affected by these issues.
The Mother and Baby Institutions Payment Scheme is just one aspect of the overall redress package of supports and measures set out in the Government’s Action Plan for Survivors and Former Residents of Mother and Baby and County Homes Institutions which seeks to provide an inclusive and enduring response to the priority needs of all survivors.
The proposed structure of the Scheme, with increasing financial payments depending on length of stay, recognises that higher payments should be made to those who were subjected to institutional conditions for a prolonged period.
This allows for a simple and non-adversarial application process, in which applicants will not have to prove abuse and the State can shoulder much of the administrative burden.
My Department and other state authorities are working to ensure survivors see tangible results as early as possible.
289. Deputy Mick Barry asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has any contracts with a company (details supplied); and if he will make a statement on the matter. [49160/22]
View answerI can inform the Deputy that my Department has no contracts in place with the company referred to.
290. Deputy Michael Ring asked the Minister for Children, Equality, Disability, Integration and Youth the name, function and establishment date of all the organisations and agencies that are funded by his Department; the number of employees in each; the salary of the chief executive in each organisation and agency; and if he will make a statement on the matter. [49180/22]
View answerThere are seven bodies under the aegis of my Department. They are the Adoption Authority of Ireland, Tusla (The Child and Family Agency), Oberstown Children Detention Campus, the National Disability Authority, the Irish Human Rights and Equality Commission, the Ombudsman for Children’s Office and Gaisce (The President’s Award).
My response to your question pertaining to each individual body can be found in the document attached.
291. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth when the database in relation to the mother and baby homes that will hold samples of family members’ DNA will be established; when the gathering of the necessary DNA of extended family members will commence; and if he will make a statement on the matter. [49208/22]
View answerThe Institutional Burials Act 2022, which came into effect on 15 July, provides the underlying legislative basis for an intervention, whereby the remains of those who died in residential institutions in respect of which a public body has or had a relevant role, and who were buried in a manifestly inappropriate manner, may be recovered and re-interred in a respectful and appropriate way. It also provides for the identification of remains and their return to family members, where possible.
The Act allows the Government, by Order, to direct an intervention at a particular site where the criteria for manifestly inappropriate burials are met and to approve the appointment of a Director of Authorised Intervention to oversee and manage a phased, step-by-step approach to the excavation, recovery, analysis, identification (if possible) and re-interment of the remains.
On 4 October the Government made an order to establish an independent Office to lead an intervention at the site of the former Mother and Baby institution in Tuam, Co. Galway, under the Institutional Burials Act 2022. The making of the Order follows on from Resolutions in the Dáil and Seanad last month approving the draft Order that was agreed by Government in July.
In line with the Government Order, the functions of the Director of Authorised Intervention, Tuam will include carrying out a DNA Identification Programme, which involves taking DNA samples from eligible family members and human remains buried at a site and analysis of those samples by Forensic Science Ireland. The purpose of the analysis is to compare DNA profiles to establish if there is a familial link between people who believe they have family members buried at the site and the human remains that are recovered.
The Act provides that Forensic Science Ireland can establish the Databases that will allow for DNA profile comparison following receipt of a notification from the Director that an Identification Programme is continuing. A decision to continue with an Identification Programme is taken by a Director where he or she is satisfied that there are family members of deceased persons still alive who may wish to participate in the Programme and where FSI has determined that the quality of samples tested are sufficient to enable DNA profile comparison.
Following the making of the Government Order, I intend to appoint a Director to head up the Office as soon as possible. My officials have been liaising with the Public Appointments Service on the recruitment process for the post and it is expected that the process will get underway the coming weeks when the details for the competition have been finalised. When appointed, the Director will make arrangements for a public information campaign to promote awareness of the Identification Programme, including how family members can notify the Director of his or her interest in participating in the Programme, in line with the provisions of the Act.
The abhorrent situation discovered in Tuam is, so far, unique. However, the legislation is not site specific and allows for interventions, including identification programmes, should manifestly inappropriate burials be discovered elsewhere.
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 '.
296. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the reason that having had their pay cut during the economic crisis, as Section 38 and 39 organisations funded by the HSE, that Section 56 organisations were excluded from pay restoration following the re-designation of children’s residential care organisations (details supplied); and if he will make a statement on the matter. [49221/22]
View answerI 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 arrangements that Tusla enters into with a person or organisation for the provision of child and family services are subject to the provisions of Part 8 of the Child and Family Agency Act, 2013.
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'.
Organisations commissioned to deliver services under Section 56 operate independently of Tusla and are responsible for their own internal resource management, including 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.
298. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he or his Department have given consideration to the potential impact on children in the care of voluntary organisations when the staff who look after them on behalf of the State, have been excluded from pay restoration and have had no pay increase for more than 12 years and are allowed to fall further and further behind their colleagues in the statutory and private sectors following the re-designation of children’s residential care organisations. [49224/22]
View answerThe care of our most vulnerable children and young people is a matter of priority for me and for Tusla, the Child and Family Agency, which has statutory responsibility to protect children and promote their welfare under both the Child Care Act, 1991 (3) and the Child and Family Act 2013 (8).
There are a wide range of safety and quality assurance controls in place to provide oversight of the quality and safety of placements for children in the care of the State. Tusla and my Department are committed to promoting safe practice in all areas of care.
For example, the Agency provides and commissions Mainstream Residential Care Services, Specialised Residential Care Services and Special Care through 177 Residential Care Centres, comprising Tusla owned Centres, Community & Voluntary Centres, and Private Centres. Regulations and Standards govern the placement of children in the varying forms of Residential Care. These provide for the welfare of the child, the care practices, care records, accommodation and safety precautions. The Regulations also provide that the allocated social worker oversees the implementation of the child's care plan, visits the child and consults with family members and other people involved with the child to ensure that his or her needs are being met and that the care being provided is optimal.
In 2020 my Department conducted an IGEES Spending Review into Tusla Residential Care Costs. The review examined the context and rationale for State provision of residential care services for children and young people, provided an overview of government-funded residential care costs in recent years and presented an analysis of the key cost drivers underpinning residential care costs in recent years.
On establishment of the Child and Family Agency in 2014, the arrangements the Agency enters into with a person or organisation for the provision of child and family services or services have been subject to the provisions of Part 8 of the Act.
In accordance with Section 56 of the Act, Tusla commissions residential care services under a Service Level Agreement. These service level agreements provide clarity to all involved on what funding is to be provided and what service is expected in return for that funding.
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'. 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. Staff in Community and Voluntary Organisations are not Public Sector Employees. For these reasons, neither Tusla nor my Department are in a position to determine the pay of workers in Section 56 organisation.
In 2021, this Tusla provided €6.2m (a once off 5% increase in funding to organisations engaged under section 56) in funding to section 56 organisations and additional funding, on top of the 5%, to specific organisations, where there were some clear sustainability/complexity issues. In 2022, additional funding of €6.0m is allocated to enable Tusla increase supports to the wider Community and Voluntary sector.
I am happy to confirm that my Department has increased funding to Tusla in recent years. Budget 2023 brings Tusla's funding allocation to €935m, an increase 4% on 2022. This underlines my commitment to supporting Tusla and its service delivery partners providing residential services for children in care.
299. Deputy Réada Cronin asked the Minister for Children, Equality, Disability, Integration and Youth the number of early childhood care and education, ECCE, scheme services that are of standard capitation given that his Department states that a standard capitation ECCE service will receive at least a 9.5% increase through core funding; the number that were higher capitation; the percentage increase awarded by core funding to higher capitation sessions; and if he will make a statement on the matter. [49245/22]
View answerAs of 4th October, 3,879 services had contracted for the ECCE programme in 2022/2023, of which 1,493 are ECCE-only services. (i.e. the only child registrations for the purpose of funding were through ECCE programme). For the 2022/23 programme year, there all ECCE capitation will be paid at a flat rate of €69 per child per week.
This is a departure from the previous approach which paid differential capitation rates to services depending on whether or not sessions were led by a graduate. In 2021/22 952 ECCE-only services were in receipt of higher capitation.
For the programme year 2022/2023, services that deliver the ECCE programme will receive standard capitation in respect of registered children and will have the option to also avail of Core Funding. Core Funding provides funding based on a service's capacity (opening hours, number of places and age group of children), and graduate premiums for lead educators and managers. Base rate allocations for capacity at the sessional pre-school rate offers €0.65 per child place per hour and the graduate lead educator premium allocation is €4.44 per hour.
While Core Funding will operate in addition to and alongside ECCE (standard capitation), AIM, CCSP and NCS, it replaces ECCE higher capitation and incorporates funding previously allocated to the discretionary Programme Support Payments (PSP) from September 2022.
The change in approach to funding ELC Graduates is underpinned by the recommendations of an Expert Group, outlined in their report Partnership for the Public Good , and approved by Government in December 2021. The Expert Group noted that the higher capitation payment has diverted graduates away from non-ECCE provision, despite the importance of high-quality provision for under-3s. The Expert Group also reference a Focused Policy Assessment of higher capitation, which noted a difficulty in ensuring that the additional payment was passed on to educators.
Funding for ELC Graduates is now one element of a larger funding model, and is underpinned by Employment Regulation Orders setting minimum rates of pay in the sector, including differential pay rates for graduates in leadership roles. This will ensure that educators and managers with degrees will feel the benefits of the graduate premium payment being made to services.
Given the different approaches to funding ELC Graduates, it would not be appropriate to make direct comparisons between the previous ECCE higher capitation and the Graduate Lead Educator Premium in Core Funding.
ECCE higher capitation had been paid on the basis of the number of children participating in the ECCE session, not the number of hours of ECCE being led by a graduate. For example, an ECCE room with 22 children previously received 2.75 times more higher capitation funding than an ECCE room with 8 children. In both cases, the graduate Lead Educator is providing the same amount of hours of service.
Core Funding provides an opportunity to rectify that disparity as well as extend funding for graduates beyond the ECCE programme to other aspects of ELC provision.For this reason, the Graduate Lead Educator Premium in Core Funding is paid as a top up on the number of hours of provision that is led by a graduate, rather than the number of children that are participating in that room.
Services who were previously in receipt of ECCE standard capitation in 2021/22 will see capitation increase by at least 9.5% through the Core Funding base rate. This is before any potential Graduate Manager Premium is awarded to the service, which is worth an additional €2,530.80 per ECCE session. In addition, any provision offered outside of the 15 ECCE hours per week will further increase Core Funding income to the service.
A full comparison of income under the previous funding model (ECCE standard capitation plus PSP) and the new funding model (ECCE standard capitation plus Core Funding) is published online and outlined below in tabular form. The data provided below is stylised for typical service models and makes assumptions about service capacity in order to estimate income. It also includes income from ECCE and Core Funding for ECCE hours only and does not include income available to services through the Access and Inclusion Model or other income such as from parental fees for extra services.
Standard Capitation services
|
Number of children |
Previous hourly service income (ECCE plus PSP) |
Core Funding hourly service income |
Difference |
|
8 |
€38.35 |
€43.95 |
14.6% |
|
9 |
€43.14 |
€48.55 |
12.5% |
|
10 |
€47.94 |
€53.15 |
10.9% |
|
11 |
€52.73 |
€57.75 |
9.5% |
|
12 |
€57.52 |
€69.50 |
20.8% |
|
13 |
€62.32 |
€74.10 |
18.9% |
|
14 |
€67.11 |
€78.70 |
17.3% |
|
15 |
€71.91 |
€83.30 |
15.8% |
|
16 |
€76.70 |
€87.90 |
14.6% |
|
17 |
€81.49 |
€92.50 |
13.5% |
|
18 |
€86.29 |
€97.10 |
12.5% |
|
19 |
€91.08 |
€101.70 |
11.7% |
|
20 |
€95.87 |
€106.30 |
10.9% |
|
21 |
€100.67 |
€110.90 |
10.2% |
|
22 |
€105.46 |
€115.50 |
9.5% |
Services previously in receipt of ECCE higher capitation will see capitation increase by up to 11.1% through Core Funding. A very small percentage of services will see no increase. These are larger ECCE-only services – with 20+ children in a session. In 2021/2022, ECCE sessional services with 22 children received income of €1,829.30 per week under ECCE higher capitation and PSP. This will be matched in Core Funding. I have issued a Funding Guarantee in order to ensure that no service will see a decrease in funding. Very few services will require this Funding Guarantee.
A comparison of income under the previous funding model (ECCE higher capitation plus PSP) and the new funding model (ECCE standard capitation plus Core Funding) is published online and outlined below. The same assumptions about typical service models, capacity and income apply as in the data provided above. Also as above, the Graduate Manager Premium and any non-ECCE provision are not included and would be additional income to the service.
Higher Capitation services
|
Number of children |
Previous hourly service income (ECCE plus PSP) |
Core Funding hourly service income |
Difference |
|
8 |
€44.35 |
€48.39 |
9.1% |
|
9 |
€49.89 |
€52.99 |
6.2% |
|
10 |
€55.44 |
€57.59 |
3.9% |
|
11 |
€60.98 |
€62.19 |
2.0% |
|
12 |
€66.52 |
€73.94 |
11.1% |
|
13 |
€72.07 |
€78.54 |
9.0% |
|
14 |
€77.61 |
€83.14 |
7.1% |
|
15 |
€83.16 |
€87.74 |
5.5% |
|
16 |
€88.70 |
€92.34 |
4.1% |
|
17 |
€94.24 |
€96.94 |
2.9% |
|
18 |
€99.79 |
€101.54 |
1.8% |
|
19 |
€105.33 |
€106.14 |
0.8% |
|
20 |
€110.87 |
€110.74 |
-0.1% * |
|
21 |
€116.42 |
€115.34 |
-0.9% * |
|
22 |
€121.96 |
€119.94 |
-1.7% * |
* All services will have their current income matched if they are operating on the same basis as last year.
Budget 2023 allocates €1,025m to early learning and childcare – a clear demonstration from Government of the value of the sector. In recent weeks, there have been numerous important developments including the commencement of the Employment Regulation Orders, the launch of Together for Better, and the Budget announcements.
Together for Better aims to transform the sector and my Department and I are committed to working constructively, collaboratively and positively with Partner Services towards a goal of delivering early learning and childcare for the public good.
I would encourage services that are experiencing difficulty and who would like support to contact their City/County Childcare Committee (CCC) to access case management supports. Services can be assisted on an individual basis through this route and it also allows for trends and themes across the country to be identified that can inform a more systematic response if necessary. My officials are not receiving any indications from CCCs that there have been providers reporting financial difficulties and in need of support. This case management process through the CCCs is the route to access additional sustainability funding if required.
