Written Answers Nos. 216-235
216. Deputy Richard O'Donoghue asked the Minister for Children, Equality, Disability, Integration and Youth if discussions are expected to increase the staffing levels in the services for children with special needs in Limerick County; and if he will make a statement on the matter. [15877/23]
View answerAs this refers to a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.
217. Deputy Brendan Smith asked the Minister for Children, Equality, Disability, Integration and Youth the progress that has been made to date in enhancing the role of therapy assistants to provide treatment for children, particularly in disciplines where there are unacceptable delays in children accessing services, such as in counties Cavan and Monaghan, due to a lack of therapists; and if he will make a statement on the matter. [15934/23]
View answerAs this refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
218. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth the number of children on disability service waiting lists for children’s disability networks teams, by CHO or CDNT for January, February, and March 2019-2023, inclusive, in tabular form; the average length of wait; and if he will make a statement on the matter. [15948/23]
View answerAs this refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
219. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth the number of people on disability service waiting lists for each service type, excluding children’s disability network teams, for January, February, and March 2019-2023, inclusive, in tabular form; and if he will make a statement on the matter. [15949/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
220. Deputy David Cullinane asked the Minister for Children, Equality, Disability, Integration and Youth the number of children on waiting lists for an assessment of need for January, February and March 2019-23, inclusive, in tabular form; the number overdue for completion; and the average length of wait. [15950/23]
View answerAs this refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
221. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth the estimated cost of increasing the current minimum rate of pay for an early years educator, currently €13 per hour, to the new living wage of €13.85; and the estimated cost of equivalent increases for all other grades covered by the employment regulation order. [15395/23]
View answerI firmly believe the level of pay for early years educators and school-age childcare practitioners should reflect the value of their work for children, families, society and the economy.
The State is not the employer and therefore does not set the pay or conditions for employees in either early learning and care (ELC) or school-age childcare (SAC) services.
However, there is now, through the Joint Labour Committee (JLC) process, a formal mechanism established by which employer and employee representatives can negotiate minimum pay rates for ELC and SAC services, which are set down in Employment Regulation Orders. This is an independent process from the Department and neither I, nor my officials, have any role in the proceedings of the Joint Labour Committee and any associated negotiated minimum pay rates, the cost of which is borne by the employer.
Among other objectives, Core Funding supports the ability of service providers to meet the additional costs resulting from the Employment Regulation Orders (EROs) for Early Years Services, which came into effect in September 2022, as it provides increases in funding to early learning and childcare service providers to support improvements in staff wages, alongside a commitment to freeze parental fees.
On the basis of 2022 data supplied by Partner Services taking part in the Core Funding scheme, the estimated cost to employers of raising the minimum pay rate from €13 per hour to €13.85 per hour is €17.5m per year, inclusive of employer-related costs (PRSI, etc). The estimated annual cost to employers of raising all the minimum pay rates specified in the EROs (for different grades and qualification levels) by 85 cent per hour is €35 million inclusive of employer-related costs.
In relation to the estimates above, the following should be noted:
• The cost estimates are based on staff who had an hourly wage recorded in service providers’ submissions for Core Funding, but the Core Funding data has been extrapolated to provide an estimate for all staff working in the sector.
• Current wage data was provided by service providers in August 2022, before the EROs for Early Years Services came into force, but has been adjusted upward on the assumption that all staff now earn at least the legally-binding minimum rates of pay specified in the EROs. The cost estimates are for the additional cost to employers of bringing staff from their current (August 2022) wage or the minimum pay rates set out in the EROs, whichever is higher, up to a pay rate of €13.85 per hour or 85 cents above each of the minimum pay rates in the EROs.
• The cost estimates only relate to staff and managers covered by the current EROs, i.e. the estimates exclude the cost of ancillary staff.
• The cost estimates do not attempt to account for the potential cost implications for the wages of staff who are currently earning more than 85 cents per hour above current ERO minimum rates.
222. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if a director of authorised interventions has been appointed; when he expects an appointment; and if he will confirm whether Bessborough will be looked at alongside Tuam. [15396/23]
View answerLast October the Government made an Order, under the Institutional Burials Act 2022, to direct the establishment of an independent Office to lead an intervention at the site of the former Mother and Baby institution in Tuam, Co. Galway. The making of the Order followed on from Resolutions in the Dáil and Seanad in September approving the draft Order that was agreed by Government in July. As required by the legislation, the Government Order identifies the Tuam site as the land in respect of which the Director of the independent Office may perform his or her functions.
The recruitment campaign for the Director of Authorised Intervention, Tuam, which was launched by the Public Appointments Service last November, is almost concluded. I hope to very shortly be in a position to appoint and announce the successful candidate and look forward to sharing further details at that time.
The Institutional Burials Act was developed in response to the abhorrent situation at the Tuam site. To avoid delays in responding to any similar situations that may arise in the future, the Act is not site specific and allows for excavations and identification programmes at other institutional sites should manifestly inappropriate burials be discovered.
In relation to Bessborough, the Commission of Investigation into Mother and Baby Homes and certain related matters concluded that it is likely that some of the children who died there are buried in the grounds but was unable to find any physical or documentary evidence of this. The Commission carried out cartographic and landscape assessments of possible unrecorded burial arrangements and also followed up with people on responses to its appeal seeking information about burials in Bessborough. As no evidence of locations was found, the Commission did not consider it feasible to excavate the full available site, which amounts to 60 acres. As the location of burials is, sadly, unknown, a proposal to establish an Office of the Director of Authorised Intervention to oversee excavation, recovery and identification of inappropriately buried remains at that site cannot be brought forward under the Act.
Last November, the Minister for Housing Local Government and Heritage wrote to all City and County Councils requesting that Development Plan processes give adequate consideration to incorporating appropriate measures to ensure the protection of unrecorded burial sites associated with an institution.
I have also publicly emphasised my views that any proposed development in the grounds of Bessborough should have due regard to the Commission's reports and give adequate consideration to the views of all survivors and family members, including requests for appropriate access and respectful memorialisation in due course.
223. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth what plans his Department has to expand funding for the Barnhaus or OneHouse model of therapeutic treatment for children; and if he will make a statement on the matter. [15397/23]
View answerI thank the Deputy for her question and I am pleased to report progress on the development of the national Barnahus model of service for children who have experienced sexual abuse and their families.
The Icelandic Barnahus model is a child-friendly, interdisciplinary and multiagency model of service that brings child protection, policing, medical, therapeutic and forensic services together, under one roof, to provide services for children who experience sexual abuse and their families.
This model is being adapted to an Irish context, with an Interdepartmental Group (IDG) leading on this initiative. The IDG comprises representation from my Department, the Departments of Health and Justice, and the key service delivery agencies -Tusla , An Garda Siochána, HSE and Children's Health Ireland (CHI).
A pilot service was launched in September 2019 in Galway. The service began receiving referrals in November 2020, and services are operational in a bespoke centre on the outskirts of Galway city. This allows the three agencies (Tusla, the HSE, An Garda Siochána) to provide services for children under one roof. Key professionals in child protection, health care and An Gardaí Síochána meet regularly to review cases of child sexual abuse and plan the steps that need to be taken.
In Ireland, the Barnahus model provides for a range of services, including health services, and mental health services and treatment for victims of sexual abuse. These services are provided by professionals with specialised training and expertise. Professionals work with the child in the Barnahus service during the initial crisis phase, and have a role in the identification of therapeutic pathways. If required, a referral is made to existing community-based services for the provision of additional interventions. It should be noted that overall responsibility for mental health services lies with the Department of Health.
At present funding in the region of €1.262m is available to support the implementation of the Barnahus model of service delivery in Ireland. This includes funding awarded under the Dormant Accounts Fund.
My Department has also been awarded financial and technical support from the EU and the Council of Europe under the Technical Support Instrument, to help expand the Barnahus model in Ireland. In addition to Barnahus West in Galway, it is intended that two further locations in the East and South will provide national coverage and access for victims and families to the service. The EU/Council of Europe co-funded project recently commenced, and the project’s Inception Report will be published in April which will guide the next phase of the project.
224. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm whether he intends to bring forward any further amendments of the Childcare Act 1991, particularly reforms of voluntary care arrangements; and if he will make a statement on the matter. [15398/23]
View answerThe Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care) and child protection policy in Ireland. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.
The Act covers the following main areas:
1. Promotion of the welfare of children through family support, child protection and welfare interventions;
2. Emergency measures when children are at immediate risk;
3. Taking children into care through:
a. agreement (voluntary care), and
b. court orders;
4. Providing appropriate care for children in the care of Tusla, the Child and Family Agency, including issues such as access arrangements and aftercare support for care leavers, and regulations made under the Act in relation to foster care, residential care and placement with relatives.
5. Regulation of early years services in Part VIIA.
In Better Outcomes Brighter Futures – The National Policy Framework for Children and Young People 2014-2020 , the government of the day committed to ‘review and reform as necessary, the Child Care Act 1991.’ The review process, including extensive consultation with stakeholders, has been documented at www.gov.ie/en/publication/97d109-review-of-the-child-care-act-1991/ .
The review process has confirmed that the Child Care Act 1991 continues to serve children well, and contains much that is worth retaining. However, the child protection and welfare landscape in Ireland has changed greatly since the Act’s full commencement, in terms of both the State’s response and the nature and complexity of child protection and welfare matters. It is therefore unsurprising that there are areas that require updating to reflect these changes both in society and in the institutional structures providing child welfare and protection services, and our understanding of children’s rights, and also to allow for positive practice developments to be enshrined in law where needed.
My Department got approval from Government in July 2021 to draft Heads of a Bill to be introduced as the Child Care (Amendment) Bill 2023 and I intend to bring a General Scheme to Government in the coming weeks. I look forward to the publication of the Bill on my Department's website in due course.
225. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm what measures he expects to take in budget 2024 to address concerns raised by foster carers in respect of pay and conditions; and if he will make a statement on the matter. [15399/23]
View answerFoster carers are paid a weekly allowance, which is a payment to meet the needs of the child in their care. The foster care allowance is currently €325 per week for a child under 12 years of age and €352 per week for a child aged 12 years and over. The allowance is not considered as means for social welfare purposes, and is not subject to tax. Enhanced and additional allowances can be paid in certain circumstances.
I am aware of concerns raised about the basic rates of the foster care allowance, which have not been increased since 2009. I am also aware of the disappointment among foster carers that provision was not made in Budget 2023 to increase the rates of the foster care allowance. It will be a priority of mine to secure an increase to the rates of the foster care allowance in future budgets.
In relation to the overall suite of supports for foster carers, I am also continuing to engage with Tusla in relation to travel costs and with the Minister for Social Protection in relation to eligibility of foster carers for the contributory State pension.
226. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm the number of voluntary care arrangements Tusla entered into in 2021, 2022 and to date in 2023; and if he will make a statement on the matter. [15400/23]
View answerAs this relates to data collected by Tusla, the question has been forwarded to Tusla for direct reply to the Deputy.
227. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm when the review of the public consultation into enhancing enforcement powers of the Tusla early years inspectorate will be published; and if he will make a statement on the matter. [15401/23]
View answerA comprehensive public consultation on the review of the Regulations governing early learning and care took place between March and October 2022. This review primarily focused on enforcement powers of the Tusla Early Years Inspectorate, the independent statutory regulator for the sector. However, the Department also took the opportunity to undertake a wider but limited examination of lessons learned from the implementation of the Regulations since 2016.
Phase 1 of the public consultation included a call for submissions and a questionnaire with all participants being invited to participate in Phase 2 of the consultation. Phase 2 comprised of five focus groups to further develop the key issues that were identified following the detailed analysis of Phase 1 results. The independent report on the consultation is currently being finalised and will be published shortly.
228. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm which other Departments will be feeding into the interdepartmental committee to develop policy recommendations on the wording of the proposed equality referendum; and if he will make a statement on the matter. [15402/23]
View answerOn 8 March 2023 the Government announced the intention to hold a referendum on gender equality as recommended by the Citizens’ Assembly and the Special Joint Oireachtas Committee on Gender Equality.
The decision to hold one or more referendums on this issue is in line with the Programme for Government commitment to respond to each recommendation of the Citizens’ Assembly on gender equality.
It is envisaged that the referendum will take place in November of this year.
My Department has convened an Interdepartmental Committee involving all Government Departments to develop policy recommendations on the wording of the proposed referendums for consideration and approval by Government.
229. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth what measures he has taken to reduce the regulatory burden on providers as set out in the programme for Government; and if he will make a statement on the matter. [15403/23]
View answerThe safety and protection of children remains the first priority of Government in early learning and childcare. Central to achieving this is enforcement of the Child Care Act 1991 (Early Years Services) Regulations 2016 ("the ELC Regulations") and the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 ("the SAC Regulations"), which have children at the heart of their implementation.
Work on reviewing the primary and secondary legislation that set regulatory requirements for early learning and childcare services began in late 2019 but was formally paused during the Covid-19 pandemic. I recommenced the review of legislation governing early learning and childcare services at the end of 2021.
As part of that review, a comprehensive public consultation on the review of the ELC Regulations took place between March and October 2022. This review primarily focused on enforcement powers of the Tusla Early Years Inspectorate, the independent statutory regulator for the sector. However, the Department also took the opportunity to undertake a wider but limited examination of lessons learned from the implementation of the ELC Regulations since 2016.
Also in 2022 I made amendments to the ELC Regulations and the SAC Regulations to allow for the streamlining of the process of re-registration for ELC and SAC services, which resulted in a significant reduction in administration for services.
The new process permits services to re-register without having to re-submit all of the documentation provided at registration. Instead, providers are required to sign a declaration confirming the details of the service and are only required to submit supporting documentation in relation to proof of insurance and evidence of Garda Vetting.
These regulatory amendments benefited nearly 4,000 ELC and SAC services that were required to renew their registration in 2022. An additional 600 services will renew their registration through the streamlined process in 2023.
These are the first changes in what is intended to be a wider regulatory reform programme.
In relation to inspection of early years services, my Department is currently working on implementing the actions set out in First 5 and the recommendations of the OECD Country Policy Review (published in December 2021) in relation to the streamlining of inspection.
In the short term, the Department is working with the Tusla Early Years Inspectorate and the Department of Education Inspectorate to ensure that sectoral inspection activities are streamlined and coordinated to the greatest extent possible, and that the inspection system and its interlinking parts are communicated clearly and effectively to the sector. This is being done through the inter-agency Inspection Streamlining and Coordination Working Group, which was set up by my Department in January 2022 to enhance collaboration and support alignment between the two inspectorates. In addition, an inter-agency Quality Assurance and Improvement Working Group has recently been established to align inspection and quality support services, leading to the enhancement of the overall quality assurance and improvement system.
Officials in my Department are also working on the longer term recommendations of the OECD Country Policy Review. The OECD’s recommendations in relation to quality assurance fit well with commitments in First 5, in the Programme for Government and in the National Action Plan for Childminding. Some recommendations will require further consideration and consultation, and I look forward to working with stakeholders as we reflect on how best to bring them forward.
230. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the progress being made on the next national policy framework for children and young people 2023-2030; and if he will make a statement on the matter. [15404/23]
View answerThe new policy framework for children and young people (0-24), covering the period 2023-2028, is expected to be published by the middle of this year. Last year, my Department published a Blueprint of the framework, setting out the approach which will focus on realising children and young people's rights, strongly aligned to the UN Convention on the Rights of the Child.
In October, my Department published a report on the recent public consultation on the policy framework, which allowed children and young people, parents, professionals working in this sector and others to have their say on what is going well and not well for children and young people, as well as identify priorities for the new framework. In 2021 my Department carried out an extensive consultation with children and young people nationally, to inform Ireland’s reports on the UN Convention on the Rights of the Child, the UN Convention of the Rights of People with Disabilities and the Universal Periodic Review. The findings were published in the 'What We Think' suite of reports, which also informed the development of the new framework, in addition to the many consultations carried out in recent years on various topics. My Department also conducted targeted consultations with specific cohorts of children and young people. The views of civil society were also sought through a series of consultations carried out on behalf of the Department by the Children's Rights Alliance. It is important that the most pressing issues, repeatedly articulated by children and young people, are addressed in the forthcoming framework.
Recently, my Department has been working with other Government Departments to agree actions for the new framework to address areas of most concern, and to build an enabling environment, where children's rights are a central consideration in all Government decision making. In parallel, my Department has consulted with key state agencies which have significant engagement with children and young people, such as An Garda Síochána, Tusla, the Child and Family Agency, and the HSE. I look forward to continuing this work and delivering a framework which will contribute to improving the lives of children and young people, especially those who are vulnerable, over the next six years.
231. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth if he will confirm whether the programme board which has been tasked with overseeing the design and implementation for a dedicated State agency for early learning and care, ELC, and school-age childcare, SAC, will publish an interim report in its initial six months; the proposed frequency of board meetings; and if he will make a statement on the matter. [15405/23]
View answerOn 29th March 2022 Government accepted the findings of the independent Review of the Early Learning and Care (ELC) and School-Age Childcare (SAC) Operating Model in Ireland that a dedicated state agency is the optimal operating model for the sector for the years ahead. A dedicated state agency will assist in the development of a more streamlined structure to better support the delivery of ELC and SAC, and will facilitate my Department in implementing and progressing the significant reform agenda envisaged under First 5, the Whole of Government Strategy for Babies, Young Children and their Families.
Significant progress has been made in advancing this ambitious and transformative reform programme. My Department has commenced a comprehensive phase of analysis, planning, consultation, and engagement with sectoral stakeholders to determine how the recommendation arising from the Review can best be implemented. This work will culminate in a fully costed agency design and implementation plan which will be presented to Government for approval.
The Programme Board established to oversee planning for a dedicated National Early Learning and Childcare Agency, the membership of which I announced in February, comprises interdepartmental representatives alongside several external experts with experience at senior level in change management and large-scale reform, leadership, governance, public policy, and a knowledge of the ELC and SAC sector.
A programme of work and set of priorities for 2023 are currently being agreed with the Programme Board. It is anticipated that the Board will meet approximately quarterly throughout 2023, whilst also undertaking additional work between scheduled meetings. However, it is expected that the frequency of meetings will vary as the reform programme progresses, with additional meetings required at key junctures.
It is intended that progress reports will be published at appropriate junctures throughout the lifetime of the Programme Board. The timeframe for these reports is currently under consideration, but all such reports and additional update material will be made available on a dedicated programme website which is currently being finalised.
232. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on his plans for improving gender equality. [12865/23]
View answerMy Department leads on cross-government policy to promote gender equality and the empowerment of women and girls, and the National Strategy for Women and Girls 2017-2021 has provided us with a whole-of-Government framework through which women’s empowerment continues to be advanced. While initially due to conclude in 2020, the Strategy was extended in recognition of the impact of the Covid-19 pandemic on its implementation.
The Programme for Government includes a range of commitments in regard to advancing gender equality. These include a commitment to developing a successor to the Strategy and planning is currently underway. My Department has commissioned a study to evaluate the processes for implementation of three equality strategies, including the National Strategy for Women and Girls. Work on this study is at an advanced stage and it is expected to be published in the coming months. I will publish this study once it has been completed, and work to build the new Strategy will take place thereafter.
The Government also committed in the Programme for Government to responding to the recommendations of the Citizens' Assembly on gender equality and, informed by its work, to consider whether there should be a referendum on Article 41.2 of the Constitution. That work is underway following the announcement by the Taoiseach and myself on 8 March that policy proposals would be developed on wording on such a referendum. The new Strategy will respond to the other recommendations of the Citizens' Assembly. In the interim, the principles and priorities of the Strategy will continue to guide my Department’s work to advance equality in these areas.
Current priorities include progressing the Work Life Balance (Miscellaneous Provisions) Bill 2022 before the Oireachtas and, once enacted, drafting regulations to give effect to its provisions, including in regard to the introduction of domestic violence leave and advancing the provision of maternity leave to Oireachtas members.
Also included in the Programme for Government are commitments to legislate to require publication of the gender pay gap in large companies, which was met in 2022 and followed by the publication in December 2022 of the first gender pay gap reports by employers with over 250 employees. The commitment to expand the Equality Budgeting Programme across government departments and agencies is also being met, led by the Department of Public Expenditure and Reform in partnership with my Department.
233. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth to clarify what are the policies for State bodies (details supplied) responding to mothers' requests for their records, under the Birth Information and Tracing Act, including information about their child and are these policies publicly available; how are mothers being informed and notified about their rights; and if he will make a statement on the matter. [15817/23]
View answerThe Birth Information and Tracing Act was signed into law on 30 June 2022, and all services established under the Act are open to applications since 03 October 2022.
The Act provides for the release of birth, early life, care, and medical information to persons who were adopted, boarded out or nursed out, subject to an illegal birth registration, or resided in a mother and baby home or country home as a child, known in the legislation as a relevant person.
The definition of relevant person does not include mothers and, as such, information release provisions are not applicable to them. However, mothers of relevant persons who died as a child in a mother and baby or county home institution, can apply as a qualifying relative for information relating to their child under the Act.
The Act also established the Contact Preference Register and a statutory Tracing Service which are available to mothers and other relatives. The Contact Preference Register enables mothers to register their preference in relation to contact and enables the passive sharing of information and items. The Tracing Service enables the active sharing of information or contact between two parties.
In addition to the services available to mothers under the Birth Information and Tracing Act, mothers also have rights of access to their information under existing Data Protection Legislation, including the Freedom of Information Act and the GDPR.
Prior to the opening of Information and Tracing services in October, a comprehensive Public Information Campaign utilising TV, Video on demand, Radio, Print, Out of Home, and Social Media advertising ran for three months through July to September, to advise all persons affected by the legislation including mothers about their rights and services available under the Act. It also included a nationwide information leaflet drop to every household in the country, in addition to community centres, libraries, and other residential premises.
More information on the Birth Information and Tracing Act and the services established, including a copy of the legislation and policy guidelines is available at www.birthinfo.ie
234. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth if it is the case that that any child with a moderate or severe or profound disability who is in crisis must first go through the Tusla child protection criteria, relating to reasonable grounds or thresholds, in order to be considered for residential funding; and if he will make a statement on the matter. [15836/23]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
235. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which the concerns of parents of children with mental health problems are regularly monitored with a view to ensuring the availability of adequate residential places; and if he will make a statement on the matter. [15898/23]
View answerThis is a matter for my cabinet colleague, the Minister for Health.
