Written Answers Nos. 331-338
331. Deputy Darren O'Rourke asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware of a ruling (details supplied); what work his Government is doing to respond to this; and if he will make a statement on the matter. [3476/24]
View answerI can confirm that my Department is is fully aware of the recent ruling in the High Court Case relating to a case that challenged the legality of the NCSE (National Council for Special Education)'s devolving of their legislative responsibility for the Assessment of Children with Additional Needs on to schools.
I am aware that the High Court found in favour of the applications under four points (Points 38 – 41) of the ruling and can confirm that my Department is engaging with the Department of Education, the NCSE and the HSE in relation to the High Court ruling in order to determine the implications for, and impact of, educational assessments and Assessments of Need.
I can inform the Deputy that both the Department of Education and HSE are awaiting legal advice on this judgement and my Departments awaits the availability of those advices so it can discuss the matter further with both.
The Government acknowledges the challenges faced by children with disabilities and their families at this time. I can assure you that my Department is fully committed to the delivery of appropriate services for children with disabilities and will continue work on a number of fronts to develop services that meet their needs.
332. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if his Department is planning to develop an overarching national strategy on alternative care which would include workforce and placement planning and interagency needs to meet the current and future needs of the care system in Ireland; and if he will make a statement on the matter. [3507/24]
View answerThe Child Care Act 1991 is the primary piece of legislation providing for alternative care and child protection policy in Ireland. The 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.
Consequently, the Act sets out a detailed statutory framework, which includes but is not limited to provisions requiring Tusla to have regard to the best interests of the child, the criteria for bringing children into care, the types of placements where they may be placed, and the responsibilities of the State to children in alternative care.
The child protection and welfare landscape in Ireland has changed greatly since the Act’s commencement, and there are areas of the legislation that require updating to reflect this, our improved understanding of children’s rights, and to allow for positive practice developments to be enshrined in law where needed. In April 2023 I published the Heads and General Scheme of a Bill to amend the Child Care Act 1991, following a comprehensive review of that legislation. Work is ongoing in my Department in progressing towards publication of the Bill.
The placement of children in alternative care is also governed by Regulations and Standards for Foster Care, Residential Care, and Special Care. These Regulations and Standards set out the detailed criteria against which Tusla is inspected, in its provision of alternative care services. The application of these Regulations and Standards promotes safe and high quality practice in alternative care.
The Government recently published Young Ireland: The National Policy Framework for Children and Young People 2023 – 2028. This national policy identifies Foster Care, Care and Aftercare as a priority under National Outcome 3: Safe and Protected from Harm. In this regard, the national policy details concrete steps to be taken by my Department, Tusla and other stakeholders across Government in order to improve provision of services to all children in care and in receipt of aftercare services.
Tusla has statutory and operational responsibility for the provision of alternative care services. Since its establishment in 2014, it has led a comprehensive reform of child protection, alternative care, and family support services. Central to their vision is the development of services that ensure children are safe and achieving their full potential. In this regard, Tusla has developed a Strategy on Alternative Care. The Strategy comprises Strategic Plans for Residential Care, Foster Care, and Aftercare, each of which identifies key recommendations to further reform and improve service delivery in alternative care.
Further, Section 41 (1) of the Child and Family Act 2013 stipulates that I as Minister shall develop a performance framework to provide the Tusla with policy guidance, direction and prioritisation parameters for the preparation of its corporate plan, and provision is also made for the development of a performance statement to inform Tusla’s annual business plans.
The Government is committed to supporting the provision of high quality and safe services to children in care, which will help them to reach their full potential. Officials in my Department meet regularly with their counterparts in Tusla to discuss a range of issues, including availability of placements, workforce planning and interagency issues, with a view to supporting the continuous improvement of services delivered to children in care.
Given the above, my Department has no plans at present to develop an overarching national strategy on alternative care.
333. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to establish a National Child Care Act Advisory Committee prior to the passing of the Child Care (Amendment) Bill 2024; what preparatory work is ongoing in terms of scoping the issues for the Committee's workplan before it is established; and if he will make a statement on the matter. [3508/24]
View answerFollowing consideration of the recommendations of the Joint Oireachtas Committee, arising from the pre-legislative scrutiny process, I asked my officials to reconsider Head 11 and the role of the proposed Committee. On foot of this process, I have approved, in principle, a strengthened role for the Advisory Committee, and my officials are liaising with OPC in relation to our updated policy instructions.
It is intended that this Committee will be an effective mechanism for all relevant Government Departments and State agencies who deliver services to families and children (in care and in aftercare) known to Tusla, to work together efficiently, effectively and in the best interest of the children concerned within the context of their existing statutory powers and responsibilities.
My intention is to provide for a problem solving mechanism, which operates in a spirit of shared responsibility for the welfare of the children concerned, and a requirement to work together in the best interests of those children.
In taking this revised approach, I am seeking to ensure that the Committee will be a responsive body that can react quickly to situations and challenges as they arise. In additional to problem solving immediate issues, it is envisaged that the Committee would have a role in considering larger structural, or systemic issues, which will require longer term solutions, and that it would have the authority to make proposals to address these.
It is my intention to progress the enactment of the Bill as expeditiously as possible.
334. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if he intends to update provisions of the Child Care Act 1991 to include clear arrangements for a model of care for separated children seeking international protection; if he believes the overuse of sections 4 and 5 in these cases is sufficient given these children often do not meet the criteria for either on entering care; if he plans to further review the 1991 Act in this regard; and if he will make a statement on the matter. [3509/24]
View answerThe Heads and General Scheme of a Bill to amend the Child Care Act 1991 were published in April last year, and have gone through the pre-legislative scrutiny process. A considerable number of recommendations were received from the Joint Oireachtas Committee, and my Department has been giving consideration to both these recommendations and to feedback received from stakeholders.
I am aware of the concerns expressed by the Committee in relation to how the proposed amendments to the 1991 Act will impact upon Tusla's ability to protect and care for separated child seeking international protection. As set out in the General Scheme, the Department intends to amend section 4 to provide that informed consent for a voluntary care arrangement will be required in future.
While my officials and I remain of the view that providing for informed consent to voluntary care is the appropriate course of action, we acknowledge that this will impact on Tusla's ability to bring a separated child seeking international protection into care under this section if the child's parents or guardians cannot be identified or contacted.
My officials have therefore been undertaking a constructive and useful process with their counterparts in Tusla to refine the policy with regard to the use of section 5 for separated child seeking international protection. Further amendments to the 1991 Act will be required and my officials will be liaising with Parliamentary Counsel in this regard.
As part of this consultation process the Department has been engaging with the Children's Rights Alliance CRA). Three consultation meetings took place between the Department and the CRA between October and December 2023.
335. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware that the US embassy has confirmed that it plans to demolish the old Jury's Hotel in Ballsbridge and construct a new embassy on site; if he agrees that, given the current accommodation crisis, the site should be used to house homeless people and asylum seekers at this time; what actions the Minister will take to ensure that the building is not demolished, in addition to securing this space for much needed accommodation; and if he will make a statement on the matter. [3518/24]
View answerAs the Deputy will be aware my department is responsible for the provision of accommodation to persons in the International Protection process and I will provide a response in that regard. All other matters should be directed to Department of Housing, Local Government and Heritage.
As part of the programme of work to deliver on commitments made in A White Paper to end Direct Provision and Establish a New Accommodation Service, the Department is examining opportunities to purchase accommodation for use by International Protection applicants. The department will seek to pursue all available opportunities that it can. If a building has already been sold and is not on the open market for purchase then it would not be possible for my department to pursue it.
The delivery of state owned accommodation will support the development of a permanent model of accommodation for IP applicants, responding to what will be an ongoing need for such accommodation over the long-term. It will constitute a more effective investment of State resources and better value for money than full reliance on the current system of private providers.
336. Deputy Michael McNamara asked the Minister for Children, Equality, Disability, Integration and Youth what system is in place to verify that occupancy registers provided by providers of accommodation pursuant to the European Communities (Reception Conditions) Regulations 2018 and centres accommodating beneficiaries of temporary protection, are accurate. [3548/24]
View answerAs part of their contract with my Department, providers of accommodation for Beneficiaries of Temporary Protection are required to submit a weekly register in relation to their contracted capacity. The registers provide occupancy and vacancy figures which are checked by a team in my Department to make sure the figures provided do not exceed the maximum capacity agreed with the provider in their contract.
Inaccuracies are highlighted to the provider for clarification and information is provided in relation to the Offers Portal where any additional, currently uncontracted, beds or rooms the provider may have available can be offered for the Department’s use if required.
Maximising the use of contracted vacancies is a priority for my Department. A dedicated team were established last year to actively validate vacancies notified to us by accommodation providers to ensure these are within contract and meet our standards. In addition, improvements to our processes have significantly increased accommodation provider compliance with the requirement to submit weekly registers, currently over 95%, and my officials are actively contacting providers not currently doing so to ensure we have a full picture of contracted vacancies.
In relation IPAS centres, occupancy is tracked and monitored on a weekly basis, based on register returns submitted by centre management. Centres are also subject to desktop audits and onsite inspections to ensure accurate registers are kept.
337. Deputy Michael McNamara asked the Minister for Children, Equality, Disability, Integration and Youth what occupancy shortfall between actual occupancy and contracted capacity was reported in every month of 2023 in the registers provided by providers of accommodation pursuant to the European Communities (Reception Conditions) Regulations 2018.and centres accommodating beneficiaries of temporary protection. [3554/24]
View answerInternational Protection Accommodation Service
The International Protection Accommodation Service (IPAS) works at all times to ensure accommodation capacity is utilised in the most effective manner possible.
Across IPAS’s 265 properties variances exist between maximum capacity and actual number international protection applicants in residence. The largest part of this differentials is accounted due to room configurations including differing family sizes often leaving unusable beds in allocated accommodation.
Contractual issues with service providers will also leave potential beds unused pending the resolution of issues and the need to upgrade and renovate rooms. A significant portion of bed capacity is further accounted for through the need for maintenance or deep cleaning of rooms following moves and, ring-fenced beds to facilitate the opening and closing of accommodation centres.
During 2023 and for the first month of 2024, IPAS has had occupancy rates of 95% while at the same time having no usable beds available to accommodate all arriving international protection applicants.
The variances between occupancy rates and maximum capacity are within expected norms given the wide variety of IPAS property portfolio, contractual obligations of the properties available and the demand lead nature of the service being delivered.
IPAS’s continues to work toward maximising bed capacity with occupancy rates tracked and monitored on a weekly basis, based on register returns submitted by centre management. Centres also subject to desktop audits and onsite inspections to ensure accurate registers are kept.
Beneficiaries of Temporary Protection
Not all BOTPs request state supported accommodation or remain in it. In relation to contractual providers accommodating Beneficiaries of Temporary Protection (BOTPs), figures for 2023 were not collated in the manner which the Deputy has requested.
The shortfall between actual occupancy and contracted capacity, excluding unusable capacity, is updated on a daily basis by providers and as registers are received they are analysed by a team established in 2023 as to their capacity to be used.
As part of their contract with the Department, providers of accommodation for BOTPs are required to submit a weekly register in relation to their contracted capacity and there is now almost 95% compliance with this requirement. Compliance with this requirement improved during 2023 once dedicated team was established.
The register provides information from providers on their occupancy figure, the number of beds that are unusable, and the number of vacancies they have. This data is self-reported given scale of accommodation provision. Anomalies are investigated where possible.
The shortfall between actual occupancy and contracted capacity is recorded daily in a live system and not on a monthly basis. The data for 24 January, for example, shows potential vacancies of 2,500 approx.
The total number of vacancies available for allocation changes daily as vacancies are both validated and allocated to BOTPs on a daily basis.
While the number of total available vacancies notified to my Department are not insignificant and welcomed, beds can be unusable for a variety of reasons which can include unused beds in family rooms, single occupancy in double rooms, or rooms closed for maintenance. Where a provider is nearing the end of their contract, for example, or where an issue has been raised with my Department such that the provider’s offering is under review, vacancies notified by that accommodation provider will not be filled until these matters are resolved to ensure the safety and well being of BOTPs.
The vacancies that are within the contracted capacity and meet our standards are made available to my Department’s operational teams for use as required. Due to varying room configurations and geographical locations, some vacancies may take longer to fill than others given they are utilised to meet the specific requirements of individuals and family groups of BOTPs.
My Department will continue to engage with providers to fill suitable vacancies where this is possible.
338. Deputy Richard O'Donoghue asked the Minister for Children, Equality, Disability, Integration and Youth how many adults between the ages of 15 to 66 years inclusive who declared on the Central Statistics Office Census 2022 they had a disability and/or chronic illness who also stated they were unemployed looking for their first job, short-term (less than 12 months), long-term unemployed (12 months and more) and unable to work due to permanent disability and/or sickness, in tabular form. [3561/24]
View answerThis is a matter for the CSO and Dept of Taoiseach.
