Youth Work Bill, 1997: Committee and Remaining Stages.
Section 1 agreed to.
NEW SECTION.
I move amendment No. 1:
In page 4, before section 2, to insert the following new section:
"2.—In this Act, youth work means a planned systematic educational process which assists and enhances the personal and social development of young people, is complementary to the defined school curriculum and is implemented primarily by voluntary groups and organisations.".
The definition of "youth work" is much too restrictive and my amendment is based on the definition generally agreed by those who participated in the consultative process. The wording in my amendment underlines the importance of youth work in the non-formal education process.
The Bill, as drafted, does not give due recognition to the primacy of the volunteer in youth work. Voluntary youth organisations, which are the main providers of youth work, make a significant contribution towards improving the lot of young disadvantaged people in society. Within youth services, voluntary activity has been the catalyst and the main engine for growth. The delivery of such services is dependent to a large extent on voluntary activity. Statutory organisations also make a welcome contribution in this area. I hope the Minister accepts my amendment.
There are two or three omissions which I hope the Minister will address. The Bill does not address the issue of youth information, while the issue of funding is not clearly addressed. No boundaries seem to be set between the functions of the Department in funding youth organisations at national level and the extent to which the education boards will fund the activities of youth organisations which are organised on a national basis. It should have been possible to clearly indicate that educational infrastructure, for example, school buildings, halls and recreational facilities, should be made available and be accessible, within reason, to organisations which provide this very valuable service.
The general scheme and heads of the Bill approved by the Government on 2 July last year and subsequently submitted to the office of the parliamentary draftsman included a definition of youth work as a planned systematic educational process which assists and enhances the personal and social development of young people, which entails the participation of young people on a voluntary basis, is complementary to the formal education and training system and is implemented primarily by voluntary groups and organisations. The definition of "youth work" in the general scheme of the Bill was based on the definition produced by the consultative group on the development of youth work which reported to the former Minister of State with responsibility for youth affairs, Deputy Liam Alyward, in November 1993. One of the tasks set for the consultative group was to devise a definition of youth work which was more precise than any of the definitions in previous policy reports. This task was decided upon to promote good youth work practice and to facilitate interlinking with other forms of work with young people. Above all, the intention was to devise a definition which reflected the objectively recognisable value of youth work as an out-of-school programme of education activity aimed at the personal and social development of young people. The definition in paragraph 3.1 on page 12 of the consultative group report forms the basis of the general scheme definition. The consultative group definition was changed by the addition of the phrase "entails the voluntary participation of young people on a voluntary basis". This is generally accepted as a crucial defining characteristic of youth work.
On the basis of the general scheme definition, and in consultation with the Department of Education and his office, the parliamentary draftsman produced the following definition phrase in appropriate legal language:
In this Act, "youth work" means a programme of activity that is designed for the purpose of providing developmental and educational training so as to assist the personal and social development of young persons which—
(a) requires the voluntary participation of young persons, and
(b) is complementary to academic or vocational training, and cognate words shall be construed accordingly.
The main change between the two definitions is that the phrase "and is implemented primarily by voluntary groups and organisations" has been deleted as it is not an absolutely defining characteristic of youth work, that is, it is possible even in the context of the situation envisaged under the Youth Work Bill for non-voluntary organisations to provide youth work programmes and services in certain, admittedly, exceptional circumstances.
Since it is not a defining characteristic, it was decided that the phrase in question should be omitted from the definition. Accordingly, I am satisfied that the definition of youth work in the Bill is preferable to the one suggested by Deputy Smith.
I accept the Minister's assurance that the definition in the Bill is very much based on the wording agreed by those involved in the consultative process and is the proper legal terminology.
Amendment, by leave, withdrawn.
Section 2 agreed to.
SECTION 3.
We now come to amendment No. 2. Amendment No. 3 is an alternative and amendments Nos. 4, 7 and 8 are related. Is it agreed that we debate amendments Nos. 2, 3, 4, 7 and 8 together? Agreed.
I move amendment No. 2:
In page 5, subsection (3), to delete lines 31 and 32 and substitute the following:
"The Minister, while promoting the integration of socially and economically disadvantaged young people in youth work programmes and youth work services, shall endeavour to ensure that particular attention is paid".
The Minister and I are at one on the need to ensure specific resources are targeted at disadvantaged young people. Targeting resources is not confined only to the disbursement of funds but also includes programmes and specialist services to help young people. It is essential that a proper balance is struck in prioritising services for the disadvantaged and youth work so that they are inclusive. I hope we do not create two tiers in the area of youth work, with specific youth work for the disadvantaged and a different type of youth work for those who are more advantaged. This work must be as inclusive as possible, while at the same time targeting specialist services at those most in need.
My amendment No. 3 meets the kernel of the underlying concern in Deputy Smith's amendment. I have taken on board in my amendment the concern expressed during my recent consultation with the National Youth Council of Ireland. The council was concerned that the existing wording might be interpreted by some or all education boards as meaning that the needs of disadvantaged young people are dealt with prior to all others. In the interests of consensus, I have accepted the council's proposal that the word "priority" should not be used. The replacement phrase which specifies that "particular regard is had" to the youth work requirements of disadvantaged young people aged between ten and 21 is satisfactory in terms of achieving the essential aim of the original wording.
Deputy Smith's proposal to include the phrase "... the integration of socially and economically disadvantaged young people in youth work programmes and services...", is not necessary and might be seen as negating the need for special provision for disadvantaged young people in certain circumstances. Deputy Smith can rest assured, however, that the appropriate integration of disadvantaged young people will inform the Department's ongoing performance of its youth work functions.
I accept the Minister's reply.
Amendment, by leave, withdrawn.
I move amendment No. 3:
In page 5, subsection (3), line 32, to delete "priority is given" and substitute "particular regard is had".
Amendment agreed to.
Section 3, as amended, agreed to.
SECTION 4.
I move amendment No. 4:
In page 6, subsection (1) (b), lines 26 and 27, to delete "priority is given" and substitute "particular regard is had".
Amendment agreed to.
Amendments Nos. 5 and 6 not moved.
Section 4, as amended, agreed to.
Section 5 agreed to.
SECTION 6.
I move amendment No. 7:
In page 9, subsection (4)(a), line 18, to delete "giving priority" and substitute "having particular regard".
Amendment agreed to.
I move amendment No. 8:
In page 9, subsection (4) (b), line 22, to delete "giving priority" and substitute "having particular regard".
Amendment agreed to.
Section 6, as amended, agreed to.
Sections 7 to 10, inclusive, agreed to.
SECTION 11.
Amendment No. 9 is in the name of the Minister of State. I observe that amendments Nos. 10 and 12 are related, Nos. 11, 14, 15, 16 and 22 form a related composite proposal, and amendment No. 13 is an alternative to No. 14. I am suggesting, therefore, that we discuss amendments Nos. 9 to 16, inclusive, and No. 22 together, if that is satisfactory.
I move amendment No. 9:
In page 12, subsection (1), line 12, to delete "20" and substitute "22".
Amendment agreed to.
I move amendment No. 10:
In page 12, subsection (1), line 12, to delete "22" and substitute "24".
Amendment agreed to.
I move amendment No. 11:
In page 12, subsection (3), line 22 and 23, to delete paragraph (a).
Amendment agreed to.
I move amendment No. 12:
In page 12, subsection (3), between lines 29 and 30, to insert the following:
"(h) the Minister for Foreign Affairs,".
Amendment agreed to.
I move amendment No. 13:
In page 12, subsection (3), between lines 31 and 32, to insert the following:
"Provided that the number of persons appointed pursuant to paragraph (a) shall not be less that the total number of persons appointed pursuant to paragraphs (b) to (i) inclusive.".
The establishment of the advisory committees is important. I made the point that the voluntary organisations should have equal representation with the statutory bodies. I am glad the Minister is proposing a similar move. I presume the inclusion of a nominee of the Minister for Foreign Affairs on the committee is a recognition of the increasing European and international dimension to youth work. Will the Minister indicate if it is the FÁS nominee that is to be omitted?
There will be increased representation.
Is it the case that the number from the voluntary sector will be equal to the number from the statutory agencies? Is it a 50/50 divide?
In addition to the Ministerial representation.
I thank the Minister of State.
I have proposed my own amendment in section 11 which goes a long way towards meeting the objective of Deputy Smith's amendment. I decided on my amendment following recent consultation with the National Youth Council of Ireland which asked that the Department's commitment to partnership be explicitly stated in section 11 which deals with membership of the national youth work advisory committee. I indicated in the explanatory memorandum on the Youth Work Bill my basic commitment to equality between the representatives of the prescribed body representing voluntary youth work organisations on the advisory committee and the representatives of other Departments and agencies.
On consideration of the views expressed, I have included provisions for this equality in section 11. However, I wish to retain the right of the Minister to appoint an additional person to act as chairperson and at least one, and not more than three, direct ministerial nominees who would be experts with special knowledge of or experience in youth work. In other words, these appointees cannot be taken into account for the purpose of the 50/50 representation of the voluntary and statutory sectors. I assure the House it is not the Government's intention to use this last provision to permit the appointment of representatives of youth work organisations which choose to opt out of membership of the single prescribed body representing voluntary youth work organisations.
I have included a provision, by amendment of section 11, for the nomination by the Minister for Foreign Affairs of a representative on the advisory committee. This has been done on the recommendation of the National Youth Council of Ireland and in recognition of the increasing European and wider international dimension to youth work.
Amendment, by leave, withdrawn.
I move amendment No. 14:
In page 12, between lines 31 and 32, to insert the following subsection:
"(4) In addition to the persons appointed in accordance with subsections (2) and (3), the Minister shall appoint persons nominated by the organisation prescribed in accordance with section 22 (2) (a) and the number of persons so appointed shall be the same as the total number of persons appointed in accordance with subsection (3).".
Amendment agreed to.
I move amendment No. 15:
In page 12, subsection (5), line 37, before "are" to insert "and subsection (4)".
Amendment agreed to.
I move amendment No. 16:
In page 12, subsection (6), lines 38 and 39, to delete "paragraph (a) of subsection (3)" and substitute "subsection (4)".
Amendment agreed to.
Section 11, as amended, agreed to.
Section 12 to 14, inclusive, agreed to.
SECTION 15.
Amendment No. 17 is in the name of Deputy Smith. I observe that amendment No. 18 is related and I suggest, therefore, that we discuss amendments Nos. 17 and 18 together. Agreed.
I move amendment No. 17:
In page 14, subsection (2) (a), line 43, to delete "and" and substitute "or".
I am particularly concerned, as are most of the youth organisations, about the exclusion of employees of prescribed national voluntary youth organisations from membership of voluntary youth councils. That provision is unfair and will not be helpful to the development of the youth service. People with such expertise are needed on those councils. I have the utmost respect for voluntary youth workers but on occasion they may not have the requisite knowledge or expertise necessary in respect of the deliberations of the proposed youth councils. I appeal to the Minister of State to reconsider this matter. On my reading of the Bill, the exclusion of staff of the voluntary youth organisations would also exclude such people from participating in the youth work committees. If that was the case those committees would be deprived of the value of the professional youth work input. I hope it will be possible for the Minister to accept my amendment because being exclusive is not good from a legislative point of view. People should not be barred from membership of either the councils or the work committees.
I do not agree with Deputy Smith's amendment proposing that employees of youth work organisations should be eligible for election to the voluntary youth councils. From a very early stage in our work on the Youth Work Bill we envisaged that paid employees of youth work organisations would not be members of the voluntary youth councils. We decided early on that voluntary youth councils would be composed of volunteer youth leaders. Subsection (2) of section 15 of the Youth Work Bill clearly and unambiguously states that membership of voluntary youth councils is limited to volunteer youth leaders.
Our reasoning for limiting membership of voluntary youth councils to volunteer youth leaders is derived from a number of key objectives that have informed our work on this legislation. One of those objectives is that we want to introduce a structure which will truly empower local communities, permitting them to play a key role in the development of appropriate responses to the youth work needs of young people. Another key objective is that we are anxious to afford youth work groups at local level a significant input to the formulation and implementation of youth work policy at local and regional level.
We are also motivated by an awareness that it is through the work of volunteers that the bulk of youth work opportunities are provided in communities throughout the country and that volunteerism is something quite special to the Irish youth service which needs to be fostered in every way possible. Accordingly, we strongly believe that voluntary youth councils composed of volunteer youth leaders elected in the way described in the Bill will meet our key objectives which I have just described.
The voluntary youth councils will also be the vehicle for the representation of the voluntary youth work sector on the education board youth work committees. In fact, one of the crucial functions of the councils will be to nominate persons for appointment to the youth work committee of the relevant education board. It will be possible for voluntary youth councils to nominate whomsoever they wish for appointment to the education board youth work committees, including, as requested by the National Youth Council of Ireland, the National Youth Federation, Foróige and others, employees of youth work organisations.
With regard to the composition of the youth work committees, my reading of the Minister's amendment to section 14, specifically, lines 23 and 24, on page 14 of the Bill, is that only members of the voluntary youth councils could be appointed to the youth work committees. What the Minister said in his last contribution would seem to be the opposite to my reading of his proposed amendment to section 14.
It is the intention that they should have the flexibility to nominate whoever they wish, and that does not exclude anybody.
I trust I am incorrect then in my reading of the Minister's proposed amendment to section 14. I understood that only members of the council could be nominated to the youth work committee.
The amendment to section 14 was withdrawn. I decided to withdraw the Government amendments to sections 14 (2) (b) and 18 (2) (c) circulated on 29 April 1997. I arrived at that decision following discussions during the last few days with the National Youth Council of Ireland and the National Youth Federation and in the light of discussions I had with Foróige leaders at its conference last weekend.
The first of the two amendments withdrawn entailed changing section 14 (2) (b) of the Youth Work Bill, 1997, to: "nominate persons who are members of that Voluntary Youth Council for appointment to a youth work committees". The second of the two amendments withdrawn entailed changing section 18 (2) (c) of the Youth Work Bill to: "persons nominated in accordance with paragraph (b) of subsection (2) of section 14 by such voluntary youth council or voluntary youth councils as may be prescribed in relation to that education board".
The voluntary youth councils will be the representative fora for the voluntary youth work organisations operating within the functional area of the councils. One of the crucial functions of the councils will be to nominate persons for appointment to the youth work committee of the relevant education board. One of the fundamental objectives of the Youth Work Bill is to empower the volunteer youth leaders in communities up and down the country who form the bedrock of our youth service.
The effect of withdrawing those amendments is that it will be possible for voluntary youth councils to nominate whoever they wish for appointment to the education board youth work committees, including, as requested by the National Youth Council of Ireland, the National Youth Federation, Foróige and others, employees of youth work organisations.
I stress, however, that I decided to withdraw those amendments without prejudice to my fundamental belief that people who are members of a voluntary youth council are normally in the best position to represent the views and interests of that council and without prejudice to my commitment to the empowerment of the volunteer youth leaders in local communities who give the Irish youth service its unique character and who provide the bulk of youth work opportunities. Nevertheless, having carefully considered the well argued representations made by the National Youth Council of Ireland in particular, I accept that there may be special circumstances in which a voluntary youth council may wish to be represented on the relevant education board youth work committee by employees of youth work organisations rather than, or as well as, members of the council itself. Accordingly, I withdrew the amendments of sections 14 (2) (b) and 18 (2) (c).
I welcome the Minister's decision to withdraw that proposed amendment. When I studied the Bill it was on the basis of the amendment circulated on Tuesday night. I welcome the fact that if voluntary youth councils decide to nominate people who are full-time employees of voluntary organisations, they would not be excluded from membership of the work committee. It is very important that if a council decides to nominate such a person they should not be debarred from membership. I welcome the Minister's change of mind in that respect.
Amendment, by leave, withdrawn.
Amendment No. 18 not moved.
Section 15 agreed to.
Amendment No. 19 not moved.
Sections 16 and 17 agreed to.
Amendment No. 20 not moved.
Sections 18 and 19 agreed to.
Amendment No. 21 not moved.
Sections 20 and 21 agreed to.
SECTION 22.
I move amendment No. 22:
In page 19, subsection (2) (a), line 9, to delete "paragraph (a) of subsection (3)" and substitute "subsection (4)".
Amendment agreed to.
I move amendment No. 23:
In page 19, between lines 15 and 16, to insert the following subsection:
"(3) A general register of youth work organisations will be compiled by the Department of Education.".
I am not sure if a regulation rather than legislation is required to establish a register of youth work organisations. Those organisations do tremendous work on a voluntary basis for young people but safeguards must be built into the system for participants in youth activities and for those involved in the organisations. We do not want unsuitable people getting involved in youth work. Safeguards must be provided to guard against unsuitable individuals getting involved in youth services.
This amendment is not necessary. Subsection (2) (b) provides for a system for prescribing national youth work organisations which is tantamount to establishing a register of recognised national voluntary youth work organisations. In this context, my officials have recently embarked on a process of consultation with the National Youth Council of Ireland in regard to the criteria for use in prescribing national voluntary youth work organisations. This most recent initiative will assist in the process of establishing a proper mechanism for legal recognition of national and voluntary youth work organisations. I am satisfied the amendment proposed is unnecessary. However, I agree with Deputy Smith that there is a need to put in place safeguards to ensure only suitable people get involved in youth work. National organisations and their constituent bodies are already dealing with this matter. My Department has dealt with the question of a code of practice for dealing with young people in sport and recreation. Youth organisations, which apply high standards, are conscious of the need for safeguards. I am confident the ongoing consultations will result in decisions that will meet Deputy Smith's requirements.
I am pleased the Minister's officials are in consultation with youth organisations regarding the establishment of criteria for prescribing such organisations. While I accept those organisations apply high standards, proper safeguards are necessary. I urge the Minister to address this issue with as much urgency as possible?
Amendment, by leave, withdrawn.
Section 22, as amended, agreed to.
Sections 23 to 27, inclusive, agreed to.
Schedule agreed to.
Title agreed to.
Bill reported with amendment.
Question proposed: "That the Bill do now pass."
It gives me great pleasure to see this important Bill on youth work pass through the House. It has had a long incubation period, dating back to the 1984 Costello Report. I thank everybody involved in the long consultation process. During the past two and a half years I met the national organisations and many of their constituent bodies. Everybody involved adopted a positive approach based on partnership to deal with the major issues facing young people today.
In recent times there has been an increasing realisation that youth services, along with sport and recreation activities, are the best preventative measure in the fight against crime and drugs and the other negative attractions to young people. Investment in youth services and sport and recreation reduces the need for even greater investment in many other services that would have to be funded to deal with problems. The message has got across to people that investment in these services will bear fruit. Much of the work done by the ministerial task force on drugs reflects what is happening in youth services. A large part of future action programmes will involve youth work services and sport and recreation.
I thank Deputy Smith for his constructive approach and for facilitating its speedy passage through the House. I hope it will be passed as soon as possible so that the service can be placed on a statutory basis.
I compliment the Minister on introducing the legislation and the officials who have worked on this process for some time. Previous holders of the Minister's office were involved in initiating this legislation which is necessary to put youth services on a statutory footing.
The Minister correctly referred to the constructive role played by so many youth and sporting organisations. I compliment the officials of those organisations, in particular the volunteers who give a great deal of time and effort to provide facilities for young people, but their work is often unsung. There are active youth and sporting organisations in every rural and urban parish. Financial resources should always have been provided for such facilities because of the nature of such investment and the need to provide proper recreation outlets for the energies of our young people. I was disappointed on coming into the House this morning to hear a large number of amendments I tabled were ruled out of order on the basis that they involved a potential charge on the Exchequer.
I would like the Minister to address the concern of many organisations about the need to establish some type of arbitration or appeals procedure on the decision-making of the proposed education boards, particularly on tendering for the provision and delivery of youth services, for the possible withdrawal or reduction of funding and also for cases where a board may decide proposals submitted by the voluntary organisations are not adequate and it may decide to provide such services. The Minister and his Department should consider establishing an appeals procedure or arbitration mechanism to assure voluntary organisations that statutory bodies will not be judge and jury in their own case where they may be tendering for such work.
I welcome the passing of this Bill. I compliment those in the Department of Education, in political life and in the voluntary youth organisations who were involved in initiating and progressing this legislation.
I wish to briefly respond to the points made by Deputy Smith. We have no control over the disqualification of his amendments. Regarding arbitration, I would be concerned about bringing too many layers of bureaucracy into the process. We opposed that measure because we thought it would add to the cost of the administration rather than focusing resources on areas where they are needed most, at the coalface of activities.
I am conscious the roles of the volunteer and voluntary organisations are paramount and everything that will be done will be to protect their roles. I thank the officials in my Department for their detailed work down through the years and the long process of consultation in which they engaged. Without them this Bill would not be at the stage it is now.
Question put and agreed to.
