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Dáil Éireann díospóireacht -
Thursday, 20 Sep 2018

Vol. 972 No. 3

Ceisteanna Eile - Other Questions

Childcare Services Funding

Brendan Smith

Ceist:

7. Deputy Brendan Smith asked the Minister for Children and Youth Affairs the progress to date in progressing a new childcare capital grant scheme to assist in the provision of new childcare facilities in cases in which there is an identified need for additional places and in which the maximum level of grant aid under the present scheme would be inadequate to help a community childcare organisation to provide such accommodation; and if she will make a statement on the matter. [37999/18]

Brendan Smith

Ceist:

21. Deputy Brendan Smith asked the Minister for Children and Youth Affairs her plans to introduce a new childcare capital grant scheme to assist childcare providers to extend or provide new childcare facilities in cases in which there is an identified need for additional places; and if she will make a statement on the matter. [38000/18]

The Minister will recall that I raised with her on a number of occasions the need for a substantial increase in the grant aid to assist with the provision of additional childcare places. This is particularly important for the community childcare sector. The Minister mentioned to me in July, when we discussed this matter, that she would be discussing it with stakeholders, and she hoped to achieve a substantial increase in her funding for 2019. She might give us an update.

I propose to take Questions Nos. 7 and 21 together.

Supporting the childcare sector through the provision of capital funding where it is most needed continues to be of the utmost priority for me as Minister for Children and Youth Affairs. As part of this commitment, I have allocated significant grant funding in recent years for the creation of new childcare places in areas of need. This year, from a total budget of €6.86 million, my Department's early years and school age capital programmes allocated €4.62 million in capital funding for the creation of new childcare places. This funding was targeted specifically where evidence of demand for new places exists. The maximum grant available under the 2018 programmes was €50,000 for early years services and €20,000 for school age services. I am pleased to note that the awarding of these grants is expected to result in the creation of 2,757 new early years and school age places across 130 childcare facilities nationwide. Some €1.16 million of this was specifically awarded to community services, resulting in the creation of 628 new childcare places in 34 services.

Officials in my Department are engaged in planning for capital spending in 2019. The details of this are to be made available to childcare providers later this year. I assure the Deputy that the needs of childcare services, both community and private, are of foremost concern in the development process. Ireland benefited from much larger-scale capital investment under the equal opportunities childcare programme and the national childcare investment programme. These programmes provided individual grants of more than €1 million in value for some community services.

I am delighted to have ensured that childcare was identified as a strategic priority under the national development plan, as I mentioned to Deputy Rabbitte, with an emphasis on the later years covered by the plan. That is how large-scale capital funding will inform our early years strategy, due to be published later this year.

I thank the Minister for her detailed response. We all support the provision of additional childcare places. It is great that there is demand for such places and the refurbishment and upgrading of some facilities that have been in use for some time.

The Minister mentioned the €1 million grants. I spoke to her privately about a certain project. I had the privilege of approving €1 million when I was Minister with responsibility for children and youth affairs. I am thankful the initiative has been very successful. It is in a medium-sized town in my constituency. The facility has a capacity of almost 170. It is full to capacity. There are children attending on alternative days to try to reduce the waiting list. In the small town in question, there is a waiting list of 40 children who need to gain access to the services in the good childcare facility. The service providers had to open a second facility in another premises in the town, where nearly 40 children attend. This project, which I am sure is replicated throughout the country, has been very successful in providing childcare facilities. The community project to which I refer needs a very substantial increase in accommodation. The levels of grant aid available - €50,000 and €20,000 - are not nearly adequate enough to ensure the service providers can provide the facilities to meet the demand in their town and the rural catchment area. I hope that, after the Minister's consultation with the relevant stakeholders, there will be a substantial increase in the grant aid available for such facilities.

I spoke to the Minister privately and appreciate the fact that I had the opportunity to meet her. Might she have the opportunity to meet the people on the ground providing the services and note the pressure on them as they try to meet local demand? We might have a further meeting on that specific request.

I fully appreciate that the Deputy understands this so well, not just because he is a Deputy representing his people now but because he also had my job. Therefore, he understands what is happening from the inside. He also realises the impact larger-scale grants can make. I accept his points, therefore.

I indicated in my response to other Deputies that the Department will consider the need for greater investment by way of capital grants and consider the research required to ensure the grants are provided at the appropriate scale in each local area. My understanding is that this is probably something for which we will have to wait a little longer based on the commitments I received regarding the national development plan. In the meantime, however, we are trying to ensure the capital funding we make available provides the necessary increases in places, in appropriate geographical spreads, in both community and private services to meet the needs of the people. The Deputy's people are in conversation with my officials, and that is important in respect of our planning for the future.

I thank the Minister of State for her response. The last day we discussed this issue during Oral Questions the Minister used a phrase indicating it was her absolute priority to get enough moneys for capital provision to increase childcare infrastructure. I support fully that strong commitment. I appeal to the Minister to ensure there is a strand within the capital budget of the childcare provision grants to enable community childcare providers, in areas where there is a huge demand for accommodation for such facilities and no private providers in the catchment area, to continue the excellent work being done in those facilities. I refer to ensuring that no child is denied the opportunity to access a childcare facility.

That is fine, yes.

We can meet and discuss it.

I support fully the sentiments that Deputy Brendan Smith is outlining. We have got significant investment. As the Deputy knows so well, we make decisions on what is current and what capital we will need taking into account demographic changes and what the gap might be. All of that analysis is going on and is informed by research but also through conversations with people in the local communities and what is going on there. Deputy Smith has raised this issue a few times as he said. There is a significant need as there is in other areas. I cannot commit at the moment to large scale capital funding in the near future. We hear what Deputy Smith is saying and I am willing to meet with his people to understand the needs more fully.

I propose we take Question No. 6 from Deputy Maureen O'Sullivan. Agreed? Agreed.

Quality and Capacity Building Initiative

Maureen O'Sullivan

Ceist:

6. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs the specific details regarding the €1.2 million innovation fund; and if she will make a statement on the matter. [29220/18]

I am asking for details of the €1.2 million innovation fund. I apologise for not being here earlier.

The quality and capacity building initiative, QCBI, funded under dormant accounts, aims to take a co-ordinated approach to enhance capacity, knowledge and quality in prevention and early intervention for children, young people and their families. It focuses on those at risk of developing poor outcomes. At the core of the initiative is a desire to foster persistent curiosity among those working to improve the lives of children and young people in Ireland. The QCBI aims to support key groups working with children, young people and families to know what works, how it works and to provide an evidence supported approach to the application of this work. The QCBI innovation fund, with a total budget of €2 million, was developed by my Department to support prevention and early intervention innovations that build on existing data and evidence. Applications were made by organisations working with and for children and young people under one of two strands, SCALE or SEED.

The Deputy refers to the SCALE strand, with a budget of €1.2 million, which supports building on existing programmes, models or approaches which have shown promising outcomes for children and young people. The SEED strand, with a budget of €800,000 supports less proven, new and creative approaches to problems facing children and young people experiencing disadvantage in Ireland. On 4 April 2018 my Department launched the QCBI innovation fund. A total of 239 applications were received under this funding measure, of which the majority were for the SCALE strand. An assessment process followed the application period. This process was conducted by an expert evaluation panel which scored each applicant based on the transparent criteria outlined in the guidance document. Final decisions also had regard to ensuring a spread of funding across diverse organisations and geographical and disciplinary boundaries.

I thank the Minister. I am very much in favour of any focussed intervention working to eradicate disadvantage and to give those who are at a disadvantage that step up that could make life much more of a level playing field. I think of my constituency in Dublin Central and the appalling conditions and circumstances affecting two groups in particular. I refer to older people, who are not within the remit of the Minister, Deputy Zappone, and younger people and children. This is all to be welcomed but we have had this discussion before. Sometimes I feel we do not look at what is there and what is best practice in what is there already. Quite some time ago we had the young people's facilities and services funding, YPFSF, to tackle those areas that were most at risk. I know that was in respect of drugs and drug addiction but I think there was a model there. Sometimes we throw out the baby with the bath water. It is a pity we have not gone back to that model to see if we can build on it. That is my reasoning on this.

I appreciate Deputy Maureen O'Sullivan's sentiment and reasons. I understand exactly what she is saying coming from my own background and work over the years in my constituency. On the QCBI, it was an opportunity I saw to support organisations and communities in perhaps a new way and in addition to other investment going on. Part of the design was first of all to provide some moneys for what we call the SEED funding. I believe passionately that there is much creativity going on in communities that have less but want more for their children so that was what the SEED money was for. The SCALE money was for projects that were working and had demonstrated some effective outcomes. It was to increase their capacity and the extent of what it is they were doing. That was part of the underlying philosophy. We need to do that and perhaps we can reach people who have been working at the projects for a long time and are looking to increase what they are doing.

I am also thinking of current schemes I know where there was a shortfall in funding or where there were difficulties for a variety of reasons. I refer to them continuing their work with young people within early childhood care where it is difficult to do so. There was an issue around some of the family resource centres where some of the newer ones were on a different scale of funding. I was also thinking of this question in respect of those, where shortfalls were preventing the work and then another fund is found. That is to do very valuable work and I do not take from that at all but the ones that are there and are in difficulties also need to be supported.

I agree with Deputy O'Sullivan. It is at times challenging to make decisions about investment given the parameters and contours of the existing schemes. I accept what she is saying and that is why there is an opportunity within the QCBI scheme to do something different and new to complement the investment that is going into communities. Deputy O'Sullivan indicated the family resource centre as an example and we do still need to look at the kind of investment going on, if it is sufficient, how it is awarded, if there are enough people working in a particular family resource centre given geographic and demographic needs etc. That is something that is also on my radar, that I am concerned about and hope to do something about in the near future as well.

Adoption Registration

Denise Mitchell

Ceist:

8. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs if she plans to broaden her Department's scoping exercise into the illegal adoptions scandal; the progress of the scoping exercise to date; and if she will make a statement on the matter. [37916/18]

My question is to ask the Minister for Children and Youth Affairs, Deputy Zappone, if she will outline the number of records being examined as part of her Department's scoping exercise into the illegal adoption scandal, the progress of the scoping exercise and if she will make a statement on the matter.

Following the discovery of clear evidence of illegal birth registrations in the St. Patrick's Guild records, I directed that an analysis of adoption records be carried out to establish whether there is sufficient reliable evidence of the practice of illegal registration that can be extracted from the records of adoption agencies.

The analysis of records is being carried out by Tusla and the Adoption Authority of Ireland, AAI, and is overseen by an independent reviewer who is a former deputy director of social services in Northern Ireland. Representatives from other agencies and the reviewer have met regularly since June. The work to date has focused on agreeing the sampling methodology in consultation with a statistician, addressing the data protection issues, identifying the specific records to be reviewed and agreeing a template to be applied by social workers reviewing the records.

There are an estimated 150,000 adoption records in existence and approximately 100,000 of these are currently in the custody of the State, either in the form of Tusla or the Adoption Authority of Ireland. The review is focused on those records and a targeted sampling exercise is being carried out in the first instance owing to the volume of records involved. This targeted review will help to establish the extent of usable information that can be found in these historical records. The review will provide information to assist me in identifying more fully the scale of illegal birth registrations and in determining any necessary next steps. Tusla and the Adoption Authority of Ireland are working hard to extract and examine the records. This is a very complex task, and issues have arisen concerning data protection and the general data protection regulation, GDPR. These issues mean that the estimated timeline for the independent reviewer's report is now mid-December.

I want to get to the truth. The further analysis which has commenced, together with the ongoing work of the Commission of Investigation into Mother and Baby Homes, will be extremely important in helping us to shape the further steps to be taken.

Before the summer break, the revelations that tens of thousands of people in Ireland had potentially been illegally adopted, and the fact that they were unaware that they were adopted, caused widespread public commentary. Illegal adoptions have been raised by many survivors' groups for years. The Minister outlined that a scoping exercise was being undertaken by her Department. Since that time many campaigners have come forward, saying they have been met with a brick wall when they try to access information. Many have called for a full audit of adoption records. Will the Minister commit to a wholesale investigation and audit of all adoption records and the seizure of any records currently not in her possession?

Also, recent media reports suggested that much of this documentation has been in the Department of Children and Youth Affairs for years. If this information has been in this Department for years, why has it taken so long to initiate an investigation?

The Deputy asked many questions. I will start with her last one, with the preface that I am deeply concerned about the issue of illegal registrations. I am in regular communication and contact with those who are in the position of having been adopted and I listen to the concerns that they raise. I am in contact with advocates of those who are in that position and subsequent to authorising this current audit and targeted sampling of the records, I had the opportunity to meet some of them face to face. I understand what the Deputy is speaking about, and I am in regular communication with the people affected. I am deeply concerned.

As to the Deputy's last question on why action is being taken now when we knew about this for years, it is true that the Adoption Authority of Ireland, AAI, has previously spoken publicly about cases on its files in which it suspects an illegal registration. So far, however, it has not had sufficient information on file to confirm this. As I said in my press statement of 29 May, the authority is examining these unconfirmed cases to see if any further facts can be established. It is very difficult to prove these cases in the absence of good records. However, if the AAI, following this validation exercise, reaches the high level of certainty that I have spoken of, these cases will be added to the 126 that I have already confirmed and announced. It is true that those cases were identified earlier and were communicated by my Department. However, it is also true that the AAI is trying to determine whether the same level of certainty applies in these cases as to the 126 cases. The commitment is there and we are continuing to examine this.

I understand why people are frustrated. People have been shouting about this for years. The Irish Examiner has been highlighting this scandal for years. Has the Minister considered a redress scheme as part of her plan to deal with this scandal? I raise this issue because it is clear that it has caused distress to many people who have suddenly found out that they have been illegally adopted. However, serious legal issues also arise in respect of their rights and the entitlements, for example, with regard to parents' wills and property. Will the Minister give this matter serious consideration given that we may face serious legal issues down the line?

The short answer to the Deputy's final question is "Yes". That will potentially be in the mix and I would not rule it out at this stage. At the same time, the first task that we are working on is to see if we have evidence of more illegal registrations. We need that evidence to go down the route the Deputy spoke about.

To go back to one of the Deputy's earlier questions, we are looking at a sample in the first instance because of the sheer volume of the records involved. This is an extremely complex task. Those who are advocating this work are aware of that. I read the Irish Examiner as well and I am grateful for the work of Mr. Conall Ó Fátharta, as well as others who write for other newspapers, in lifting up these issues for us. What we are doing is appropriately responding in a targeted, strategic and intelligent manner. We are moving in a new direction and trying to determine whether we have other cases. There are some 150,000 people who have been adopted and 100,000 records are in the public domain. We are taking an intelligent and targeted approach to try to find any other cases where there is evidence of illegal registrations. We want early answers. We believe the quickest way to get them is to do the targeted exercise and on that basis to make the decision to move forward and do a wider piece of research for the persons affected, if necessary.

Mother and Baby Homes Inquiries

Anne Rabbitte

Ceist:

9. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the status of the Commission of Investigation into Mother and Baby Homes; the date by which she anticipates it will make its final report; and if she is satisfied by the progress of the commission to date. [37970/18]

Maureen O'Sullivan

Ceist:

13. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs the status of the work of the Commission of Investigation into Mother and Baby Homes; when the next interim report is due; and her views on whether it will be more informative than the previous interim reports. [37991/18]

I ask the Minister to outline the status of the Commission of Investigation into Mother and Baby Homes, the date on which she anticipates it will have a final report and whether she is satisfied with its progress to date. I also ask her to make a statement on the matter.

I propose to take Questions Nos. 9 and 13 together.

I thank Deputies Rabbitte and Maureen O'Sullivan for their questions. I know they are very interested in the work of the commission of investigation and supportive of former residents. Deputies will be aware that the commission of investigation is independent in the conduct of its statutory investigations. For this reason, I am not in a position to provide detailed progress updates on its work. Any available updates will be posted by the commission directly to its website.

The commission of investigation has prepared three interim reports to date, in July 2016, September 2016 and September 2017. I published all three reports and the commission is continuing with its work under the leadership of Judge Yvonne Murphy, Dr. William Duncan and Professor Mary Daly. It is open to the commission to provide interim reports at intervals of its choosing, although there is no specific requirement for it to do so. Should the commission provide further interim reports, I will similarly make these available as soon as possible after their consideration by the Government.

The commission confirmed the tragic discovery of juvenile remains interred on the site of the former home in Tuam in February 2017. A number of technical and legal reports have been examined by the interdepartmental group working to assist the Government in identifying an appropriate course of action in respect of the site. This work is at an advanced stage and I will bring my recommendations to the Government in the coming weeks. I visited Tuam again in July to meet former residents, their families and local residents. I was privileged to have been able to hear their views and concerns on this most sensitive matter directly. While there, I also visited the former site of the home.

At the commission's request, the Government agreed to extend its timeline for reporting to February 2019. I am satisfied that the commission is effectively using this additional time to listen to the personal experiences of former residents and to ensure crucial questions can be fully addressed. I know that many former residents are eagerly awaiting the completion of this work and I can assure them of a comprehensive Government response to the findings of the commission. In the interim, I have initiated a number of processes to complement the commission's work. The principals of transitional justice inform my approach to these measures. In this regard, I am working with my colleagues in government, and in collaboration with former residents, to advance solutions to the issues that have already emerged from the work of the commission. I believe this is the best way forward in our response to what are hugely complex and sensitive matters. I have established an inclusive and representative collaborative forum so that former residents of these institutions can directly engage on the issues of concern to them and their families. I was happy to meet with the forum at its first meeting in July. I understand that it has made further progress by establishing sub-committees at its second meeting earlier this month. I have requested an initial report within six months and I await the outcomes of their deliberations.

I thank the Minister for her reply. Fianna Fáil and I welcomed the commission on the mother and baby homes when established. We recognise the vital importance of the commission in delivering justice and accountability for all those affected by mother and baby homes in Ireland. The third interim report of the commission on mother and baby homes requested an extension of the deadline for its report on its finding on the institution being investigated. As rightly said by the Minister, the deadline has been extended to February 2019. I am glad the Minister has met with the commission. She has been very supportive of former residents of the mother and baby homes, and their families, in Tuam but they are incredibly frustrated at this point. This is a very sensitive matter. During the Pope's visit, they held a silent protest in Tuam in recognition of the hurt of the past. They need supports.

The Minister referenced transitional justice and counselling services provision. People who are trying to avail of these counselling services are experiencing difficulty accessing the financial support to enable them to do so. I know that the Minister is aware of this. Former residents of the mother and baby home in Tuam want to know the status of the report, if additional information will be released prior to the publication of the report, if we are on target in respect of the final report, and the Minister's intentions regarding the treatment of the remains found at Tuam.

Counselling services for the survivors and families in respect of the Tuam and other mother and baby homes is a key concern for me. It is an issue that is being examined by one of the sub-committees established by the collaborative forum. I indicated at the end of my initial reply that I expect to receive a report from the representative stakeholders within six months. I have also told them that if they want to come forward with a report sooner than that I will be happy to receive it. I am particularly anxious to hear from the representative stakeholders what would work best in terms of psychological and wellbeing supports and how best to access it. We know what we need to do. What we are working on is how best to do it in order that people can access what they need.

On the question regarding my intentions for the treatment of the remains found at Tuam, we are working hard on a memo to be brought to Government to make decisions in that regard. I hope it will be ready within the coming weeks.

My experiences come from knowing and being with the ladies from the Magdalen laundries. Common among them is the sense of hurt, physical, mental and emotional, which they experienced. In the case of the Magdalen laundry ladies, the main concern is their ages and the timeframe in terms of progressing their issues in a speedy way. I understand the need for balance between indepth study and investigation, but there is a timeline issue. I understand from those with whom I have met recently that the fear is that this will be a kick-to-touch exercise and that it will not really get to the nub of what is needed and what they have been waiting on for so long. Much of the information coming out is extremely difficult for them to process. There was disappointment with the interim report in terms of a lack of information. Is the Minister confident that the next report will be more informative?

Am I correct that the Deputy's reference to a kick-to-touch exercise relates to the work of the collaborative forum?

As previously indicated, the selection of a representative group of people for the collaborative forum was a complex and difficult task and it took some time to complete. We wanted to ensure we have a representative group with the authority to identify what is needed. If the forum wants to come forward next week with recommendations as to what would work best I would welcome that. I do understand the age factor and timeline issue. I have met the people concerned. It is a terrible thing that has happened, especially to women, in terms of the issues that we are speaking about. I do understand the experience of shame, although not in that context. I am committed to moving as quickly as possible. I hope the report of the forum will be forthcoming as quickly as possible, particularly its recommendations in terms of wellbeing and health supports.

In regard to the commission, I anticipate that it will deliver its final report in early February, as indicated. On the Deputy's remarks regarding the age factor, I sought to do other things to complement the work of the commission to ensure we can hear, understand and try to move forward in relation to their concerns.

I wish the three sub-committees well. I note that chairs have been appointed to each of them. I was pleased to note that two of the representatives from the mixed race group are chairs of committees. I have tabled other questions which may not be reached today but are related to this issue. I refer to the private cemeteries, for example, Sean Ross Abbey. There is a tremendous amount of hurt among families whose babies are buried in such plots and they are fearful that the integrity of these plots will not be recognised. Also, people who were in other institutions feel their issues are not being addressed.

On other sites and the possibility of the remains of other children being buried etc., this is a matter for the commission. We are where we are in terms of Tuam because the commission did that investigation, produced its findings and brought them to Government. I have to respect the independence of the commission. As part of its terms of reference it is examining and investigating all mother and baby homes and county homes.

I agree with the Deputy that there are lots of different examples of experiences within institutions, be that the Magdalen laundries, the industrial schools, the orphanages or mother and baby homes, where terrible things have happened. We have a terrible, shameful history. There may be more to be done in response to this than is currently being done. Like Deputy O'Sullivan and others in this House, I am very conscious of that.

I will continue in the same vein as Deputy O'Sullivan in speaking about Tuam because it is my constituency and I hold my clinics there. Owing to the age factor, these people require an awful lot of supports. There are ways in which we can assist them. The counselling service and the wellbeing programme are essential but people are not able to access them or get feedback on the funding because they cannot afford it.

Not all of the small towns around the county offer the opportunity for these people to access these services so they have to avail of taxis. I ask the Minister that she at least place a dedicated person within each of the various CHOs, someone to whom people could be directed to go so that we can streamline matters and facilitate these people with some quick wins. This is what they need because they do not believe that anyone is listening. They do not believe that their voices are being heard. The helicopter view of this is so big that people have to be able to look to themselves. They have to be able to talk about it. They are glad that everybody else is talking about it and recognising their hurt but they feel that they now need the opportunity to tell their own story. This could be through the well-being programme, which I strongly welcomed at the time. We need to fast-track this opportunity and we also need to fast-track housing, as some of these people are not living in the best of conditions. They need the county councils to work with them to fast-track matters, be it through programmes for older people with disabilities or for people who have resided in mother and baby homes or in various other institutions. Perhaps the Minister will work with the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, to find a solution to this.

I agree with the Deputy on this matter. As she knows, I have been to the site in Tuam many times. I have spoken to those affected both as a group and individually and I have met them at the site. Through these experiences I have come to a deeper understanding of the hurt and shame suffered as the years are passing, as Deputy Rabbitte so eloquently described. She has clearly also had that kind of conversation and she has ably represented her people in that regard.

In response to the question on fast-tracking or speeding things up, I have at this stage placed this matter in the hands of the collaborative forum. My personal view is that I would like to do this as quickly as possible. As we well know, however, the question is how to do this in the best possible manner so as to get people what they actually need, process the information and have the payments made. All of these practical issues have to be looked at as well, which is the reason I hope those involved in the collaborative forum will come to me. I would love it if they could do so before the six months have passed and make those recommendations. We can then see how we can follow up on this.

General Data Protection Regulation Implementation

Mick Wallace

Ceist:

10. Deputy Mick Wallace asked the Minister for Children and Youth Affairs her views on the fact that no data protection impact assessment or policy was prepared prior to the unveiling of a new information technology system by Tusla, the national child care information system; her further views on whether Tusla is in breach of statutory data protection requirements; if she has communicated these views to Tusla; and if she will make a statement on the matter. [38008/18]

Tusla recently launched its new national childcare information system. This new centralised system may well improve quality and efficiency through improved sharing of information, but Tusla has admitted that it did not complete a privacy impact assessment prior to the launch. When asked about this, Tusla responded on one of its social media platforms that a data protection policy would be prepared on this as soon as is practicable. In correspondence with solicitor and privacy rights expert, Rossa McMahon, Tusla stated that a privacy impact assessment, PIA, had been conducted during the project and that a final PIA would be conducted in due course. This is a breach of the general data protection regulation, GDPR, and the Data Protection Act 2018. It also completely ignores the notion of privacy by design which is fundamental to the GDPR.

Is the new centralised IT system live and operational? Was the Minister aware of the absence of a completed data privacy impact assessment prior to its launch?

When the national childcare information system, NCCIS, was being developed, Tusla carried out a privacy impact assessment in 2013. This preceded the requirements of the general data protection regulation, GDPR, which came into effect in May of this year. The system was also the subject of design and security considerations prior to its national launch last July. Following the original privacy impact assessment, Tusla is now progressing a data protection impact assessment, in line with best practice. It is hoped to complete this by the end of the year.

The NCCIS is an extremely important technology solution for social workers in child protection and welfare services. The system allows social workers to record the case history of every child who is the subject of a child protection or welfare concern, from the point of referral to case closure. I regard it as a vital part of Tusla's work to protect children.

The NCCIS has the capacity to facilitate the integration and sharing of information on child protection and welfare cases between Tusla areas where appropriate. The development and national roll-out of the NCCIS has enhanced working systems for those working in child protection and welfare services. I am happy to have secured the funding for the introduction of this system.

Tusla is prioritising the progression of its ICT strategy, and the NCCIS is the first step in realising a modern, efficient and integrated service for children and families throughout Ireland. The principle of a data protection impact assessment in the GDPR is for organisations to consider data protection risks in the design of new systems. I am pleased that Tusla is carrying out the assessment at the earliest opportunity but I believe the priority is to ensure the NCCIS is fully operational in order that it can help to protect vulnerable children.

Tusla has advised that future modules of the NCCIS, when developed, will be subject to data protection impact assessments. As part of the training provided on the introduction of the NCCIS, Tusla staff have been trained in the use of safeguards in the system in order that appropriate data security and processing is maintained.

I want to ensure that we meet our obligations under data protection legislation, but I make no apology for prioritising child protection measures. The safety and best interests of children come first.

I realise that the project was in the making before the GDPR came into being, but is Tusla's privacy impact assessment now a box-ticking exercise? Rape Crisis Network Ireland, RCNI, immediately expressed concern at Tusla's statement about the absence of a PIA. The GDPR, and specifically section 76 of the Data Protection Act 2018, refer to data protection by design and by default. Section 35 of the GDPR and section 84 of the Data Protection Act 2018 specifically state that where a type of processing is likely to result in a high risk to rights and freedoms, data controllers should carry out a data protection impact assessment prior to carrying out the processing. Data protection safeguards must be designed into products and services from the earliest days of development.

I point out to the Minister that there are half a million children on these files. One might be forgiven for suspecting that Tusla is not taking this as seriously as the GDPR might recommend.

To be clear, Tusla is not in breach of the GDPR in respect of the NCCIS. This system is fully compliant with the current legislation. The data protection impact assessment currently in progress was started in early 2018 and is due to finish by the end of this month. A total of 12.5 of the 17 Tusla areas were using the NCCIS system in advance of the GDPR coming into effect on 25 May 2018. The remaining 4.5 areas went live over the following two months, with all 17 areas fully live by the end of July 2018. As Deputy Wallace indicated, a data protection impact assessment is a requirement of the GDPR. Assessments are legally mandatory only for processing operations that were initiated after the GDPR implementation date of 25 May 2018, and are particularly relevant when a new processing technology is introduced. What I am indicating here is that Tusla began a protection impact assessment in early 2018 and this is due to finish by the end of the month.

Is the Deputy seriously suggesting that I put data protection requirements above the vital need to protect children at risk? Tusla began this process in early 2018, prior to the GDPR coming into place. The agency is continuing with this and that is good practice.

It is disingenuous to suggest that I would recommend putting children at risk in any form. Has Tusla learnt anything from the lessons of the HIQA probe that the Minister ordered on its disastrous handling of the allegations made against Sergeant Maurice McCabe?

With regard to the new IT system, Tusla's head of project management stated publicly that the agency intends to keep all the data in the childcare database "in perpetuity", and that it will then work out a new policy and remove data if necessary. The GDPR, however, has a clear storage limitation principle. The same principle applies in any case under the old data protection directive, and under the previous Data Protection Acts 1988 and 2003, that personal data should not be retained longer than is necessary. Can the Minister confirm that personal data that is no longer required will be deleted?

I thank the Deputy. I will put those questions to Tusla or my officials rather than say that I can confirm that now because it is important to be exact and accurate. With due respect, I asked the Deputy the question whether it would be placing the protection of children at risk because that is what he is asking me. In terms of the GDPR I am indicating that they are not in breach and that they began the process of an impact assessment prior to finishing the final and full roll-out of this operational system which will enable the protection of children to be more effective as we move into the future. The way Tusla has responded on this is adequate. At the same time, in light of the HIQA investigation mentioned by the Deputy, serious issues and concerns were identified. The board, the chief executive and I have been working hard to put in place an action plan that will be implemented to ensure that the systems that need to be changed and reformed will be put in place as we move forward.

Homeless Persons Supports

Denise Mitchell

Ceist:

11. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs her plans to update or extend legal safeguards and redress mechanisms available to homeless children here; and if she will make a statement on the matter. [37918/18]

My question is to ask the Minister for Children and Youth Affairs if she has any plans to update or extend legal safeguards and redress mechanisms available to homeless children in Ireland, and if she will make a statement on the matter.

Children who are homeless are entitled to have the same level of safeguarding as any other child. Child protection concerns will be dealt with by Tusla with the same degree of diligence, care and promptness for any child in need, regardless of whether they or their family are experiencing homelessness. While ultimate responsibility for managing homelessness rests with the Department of Housing, Planning and Local Government, my Department and Tusla are determined to do their part to alleviate the difficulties experienced by children and families who are homeless.

My Department and Tusla have important roles to play in regard to a number of elements of the national action plan for housing and homelessness. In addition Tusla is represented on a number of key interagency fora, including the Homelessness Inter-Agency Group, along with the Department of Children and Youth Affairs, and the Dublin Joint Homelessness Consultative Forum alongside the Dublin Region Homeless Executive, DRHE.

Tusla has taken a number of steps to help keep children whose families are experiencing homelessness safe. These include the joint protocol agreed between Tusla and the DRHE, which aims to promote interagency co-operation to address the specific needs of homeless families. As part of the protocol, Tusla provides support to the DRHE’s one-stop shop assessment centres and Tusla's staff participate as required in issues involving child protection and welfare, educational welfare and domestic, sexual and gender-based violence services. Referrals received from case workers located in assessment centres are responded to as appropriate and, in addition, the Tusla homelessness liaison officer provides broad-based supports to the centres. Work is under way to replicate this interagency co-operation nationally and Tusla is working with the DRHE and the family resource centres, themselves part-funded by Tusla, to co-ordinate family support services for families in family hubs and other forms of emergency accommodation.

The key legislation relating to legal safeguards for all children, whether homeless or not, is the Children First Act 2015 and it provides for a number of child protection measures that benefit all children, including those who are homeless.

I listened with interest to some of those speaking at the launch of the Mercy Law Report on children and homelessness. It makes some very good points on how we can help to tackle at least some of the difficulties faced by children who are homeless. What is worrying is that it noted that the insertion of Article 42A into our Constitution has done very little to increase protection for children. The report ultimately concluded that it is very clear that there is a legal gap in protecting our most vulnerable children.

Will the Minister be engaging with the authors of this report, perhaps to look at ways to close these gaps? Are there ways for her Department to work with other Departments, similar to the way it worked with the Department of Transport, Tourism and Sport to bring in the free travel pass for children in emergency accommodation? I do want to say, however, that it was very mean spirited that the pass was revoked over the summer.

I thank the Deputy for her question in terms of the research and the authors. I know the centre well and I have the highest regard for its work. We are certainly reviewing that piece of research to which I will pay careful attention. The new article within our Constitution was a driving factor for me to ensure that child protection measures, particularly those that are included in the Children First Act 2015, were finalised and implemented, including the outstanding features, to ensure that we have mandatory reporting. The constitutional amendment was critical in motivating us to do that. It is something that is also the case for children who are homeless as well. In terms of my Ministry and working with Tusla, I have tried to find ways to mitigate the impact of homelessness on children in emergency accommodation. I will continue to commit to finding ways to do that as the Government as a whole tries to respond to that crisis.

There are almost 4,000 children homeless throughout this State. I am sure that figure upsets everybody here in this House. While I recognise that the Minister for Housing, Planning and Local Government is responsible for housing, the Minister is responsible for children and youth affairs, and these children are looking to her to be their voice. We all saw the photographs of children sleeping in hotel rooms and we found it distressing. Children are growing up with no cooking facilities in hotel rooms. We have heard it all before, but there is no legal right to shelter in this State, nor is there any legal aid for housing or homelessness. Will the Minister outline if she intends to bring in any legislation to protect our most vulnerable children in these situations?

I have indicated that, as Minister for Children and Youth Affairs, I felt that one of the key aspects was implementing mandatory reporting in the Children First Act 2015. I am as conscious as anyone of those statistics increasing and it would distress anyone. As I have indicated, in the context of my Ministry and with Tusla's support, we are focused on and we are committed to providing those children who are experiencing homelessness and are in emergency accommodation with spaces where they and their families can avail of services in a safe, warm and welcoming environment where they feel comfortable and respected. That is especially so in the family resource centres, where the children can do their homework, relax, receive nutritious food or avail of Wi-Fi. I have put in place measures to ensure that they can continue to receive free childcare places and supports, indicating above all additional ways in which we can support them if they are in that emergency accommodation, particularly in terms of the hubs and finding ways for the family resource centres to work more closely with them. Those children who are experiencing those difficulties will receive all of the support that my Department can offer.

Departmental Correspondence

Denise Mitchell

Ceist:

12. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs if she has received a response from Pope Francis or his officials to her letter to him regarding abuses carried out in mother and baby homes. [37919/18]

My question is to ask the Minister for Children and Youth Affairs if she has received any response from Pope Francis or any of his officials to the letter she gave him on abuse in the mother and baby homes.

I used the opportunity presented by Pope Francis's recent visit to Ireland to raise directly with him the issue of mother and baby homes and more specifically the discovery of human remains in Tuam. I outlined the serious concerns that I and others had, particularly the concerns of people within the context of Tuam such as the survivors and their families. I told him that I would write to him further with the details. In my letter I set out the background to the establishment of the commission.

I informed him of the belief that there are a significant number of children's remains at the site. Above all, and I suppose this is what the Deputy is referring to, I believe and I outlined to him that the church should contribute substantially to the cost of whatever option is decided by the Government. I am still awaiting a reply from Pope Francis. Regardless, my belief is that the church should contribute substantially and should do so willingly, unconditionally and quickly.

Written Answers are published on the Oireachtas website.
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