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Thursday, 18 Jul 2013

Written Answers Nos. 648 - 658

Ministerial Staff

Ceisteanna (648)

Mary Lou McDonald

Ceist:

648. Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs the staffing levels of the private offices and constituency offices of Ministers and Ministers of State in her Department; the salary of each; the same figures for this time in 2011; and if she will make a statement on the matter. [36495/13]

Amharc ar fhreagra

Freagraí scríofa

Both my Private and Constituency Offices are staffed in accordance with the Guidelines on Staffing of Ministerial Offices as issued by the Department of Finance in April 2011. These guidelines set out the maximum numbers of staff that can be employed in each office and I can confirm that staffing of my offices are fully compliant with the guidelines. The specific details requested by the Deputy in respect of overall staffing numbers and costs are set out in tabular form below. The annual gross salaries for 2013 reflect the reductions in salaries of over €65,000 which came into effect on the 1st July 2013.

Ministerial Private Office

Date

Staffing Levels

(Wholetime Equivalent)

Annual Gross Salary

(exclusive of PRSI and superannuation costs)

July 2011

6.3

€358,225

July 2013

6.3

€355,297

Ministerial Constituency Office

Date

Staffing Levels

(Wholetime Equivalent)

Annual Gross Salary

(exclusive of PRSI and superannuation costs

July 2011

3.0

€103,802

July 2013

4.0

€146,818

In addition to the above staff, I have also appointed two civilian drivers. As per the Guidelines on Staffing of Ministerial Offices, drivers are not considered "office" staff and are therefore not included above.

Exchequer Savings

Ceisteanna (649)

Mary Lou McDonald

Ceist:

649. Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs if she will provide the saving to the Exchequer if the pay of all her special advisers and those of her Ministers of State were capped at the first point on the principal officer pay scale. [36510/13]

Amharc ar fhreagra

Freagraí scríofa

As advised to the Deputy, in response to her Parliamentary Question of the 16th July, if both my Special Advisers were capped at the first point of the Principal Officer scale, the total savings to the Exchequer in 2013 would amount of €4,535.

With effect from 1st July 2013 my Ministerial salary amounts to €70,282, which is less than the first point of the Principal Officer Standard scale which amounts to €75,647. Accordingly, capping my salary at the first point of the Principal Officer scale would result in no savings to the Exchequer.

Child Protection Guidelines

Ceisteanna (650)

Robert Troy

Ceist:

650. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she will publish an implementation plan with a clear timeframe for the recommendation in the 2012 Government rapportuer on child protection; and if she will make a statement on the matter. [36650/13]

Amharc ar fhreagra

Freagraí scríofa

Dr. Geoffrey Shannon is the current Special Rapporteur on Child Protection.

The functions of the Rapporteur are:

- to keep under review and to audit legal developments for the protection of children;

- to assess what impact, if any, litigation in national and international courts will have on child protection;

- to prepare, annually, a report setting out the results of the previous year’s work. This report will be submitted to the Dáil and Seanad for consideration and debate and be published.

- To examine, upon request, the scope and application of existing legislative provisions and to make comments/recommendations as appropriate.

Dr. Shannon has submitted his report for 2012. In his report, Dr Shannon addresses and makes recommendations in relation to the following key areas:

- Child Protection and Developments in International Law;

- Protecting Children from Children – Bullying

- The Law on Guardianship of Children

- Miscellaneous Domestic Issues

The report exceeds 200 pages, and in total, Dr. Shannon makes 66 recommendations under the above 4 headings.

While the report was submitted to the Minister for Children and Youth Affairs, the Report’s recommendations relate to a number of Departments and Agencies.

The following Departments were identified as relevant to the recommendations made by the Rapporteur.

- Department of Children and Youth Affairs;

- Department of Justice and Equality;

- Department of Foreign Affairs and Trade;

- Department of Education and Skills;

- Department of Health;

- Department of Environment, Community and Local Government

- Department of Jobs, Enterprise and Innovation

- Department of Social Protection

- Department of Finance

- Department of Public Expenditure and Reform

The majority of recommendations relate to the Department of Justice and Equality, regarding children seeking asylum in Ireland, and legislative implications on guardianship of children.

Recommendations presented in relation to bullying are cross-departmental in their focus, impacting on the Departments of Justice and Equality, Children and Youth Affairs and Education and Skills.

As in previous years, the 2012 report of the Child Protection Rapporteur has been circulated to all relevant Departments, for information.

It is a matter for individual Departments to take the appropriate action on any recommendation relevant to its work. Where recommendations are proper to the DCYA they form part of the process of policy development and, if appropriate, inform the usual business planning processes.

Early Child Care Education Standards

Ceisteanna (651, 658)

Robert Troy

Ceist:

651. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she will publish her eight point plan which she outlined at a recent Oireachtas joint committee meeting for dealing with the deficiencies in crèches and or early childhood settings as exposed by a recent "Prime Time Investigates" programme by RTE; and if she will outline a timeframe for implementation of same. [36651/13]

Amharc ar fhreagra

Robert Troy

Ceist:

658. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she has considered introducing a training fund to encourage workers in early childhood settings to upskill. [36659/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 651 and 658 together.

The commitment to improve the quality of early childhood care and education has been a key priority for me since becoming Minister for Children and Youth Affairs.

This is why my Department and I have been progressing work on Ireland’s first-ever Early Years Strategy and this why we have been working on a comprehensive Pre-School Quality Agenda.

I have outlined to the Dail on several occasions, and to the Joint Oireachtas Committee, eight key areas of action which I believe need to be considered and addressed as a matter of urgency. The areas I have identified are:

- Increasing the qualification requirements for all staff in pre-school services to a minimum standard at FETAC Level 5

- Improving the quality and curricular supports for pre-school services when implementing the Siolta Framework and Aistear Curriculum

- Implementing the new National Pre-School Standards

- Introducing a registration system for all pre-school services

- Taking steps to make the inspection system more consistent and more robust

- Publishing inspection reports on-line as soon as possible

- Ensuring appropriate action is taken in response to findings of non-compliance

- Increasing and widening the sanctions which can be taken for non-compliance.

It is my intention to introduce new qualification requirements for the sector starting in September 2014. This will be an important new development as, at present, staff working in childcare services other than under the Early Childhood Care and Education (ECCE) programme, are not subject to any requirement in respect of qualifications.

The ECCE programme introduced the first-ever requirement for minimum qualifications for staff working in the childcare sector. The current requirement under the programme is that the pre-school leader delivering the pre-school provision must hold a qualification in childcare/early education at a minimum of Level 5 on the National Framework of Qualifications of Ireland (NFQ), or an equivalent nationally-recognised qualification or a higher award in the childcare/early education field.

The minimum requirement of Level 5 for pre-school leaders delivering the pre-school year will be increased to Level 6. In addition, all pre-school assistants, and all other staff caring for children in a pre-school service, will be subject to a minimum requirement of Level 5. This requirement will be effective from September 2014 for new services, and from September 2015 for existing services.

While I recognise the valuable experience which many childcare staff may have accrued, it is now essential that all staff have qualifications on a formal recognised basis. My Department is currently examining measures to support training for childcare staff in line with the increased qualification requirements.

Pre-school services are governed by the Child Care (Pre-School Services) (No 2) Regulations 2006 as provided in the Child Care Act 1991. Under the Regulations the Health Service Executive has responsibility for the inspection of services and the enforcement of the regulations. Inspection is carried out to monitor compliance with the Regulations thereby ensuring the health, safety and welfare of children and the promotion of their development.

As I have outlined in recent weeks, a number of steps are being taken to improve the current inspection system. These include the introduction of National Quality Standards for pre-school services later this year as part of the inspection process. In addition, my Department is working with the Pre-School Inspectorate to develop new protocols on regulatory compliance so that there is greater clarity and consistency of approach as to how inspection reports deal with findings of serious non-compliance as opposed to minor breaches and full compliance. My Department is also undertaking a review of the penalties currently in place for breach of the Child Care (Pre-school) Regulations, as provided for under the Child Care Act 1991. The review will look at increasing the range and severity of the existing penalties including the actions which can be taken by Inspectors without recourse to court prosecution.

In relation to the publication of pre-school service inspection reports, the HSE has begun the process of publishing retrospective reports on-line, and this process will continue over the coming weeks and months. All new inspection reports from 1st July will be published on-line on completion. The publication of these reports is being hosted by Pobal, and the reports are available on the Pobal website.

A new registration system will be introduced in September of this year and new services wishing to open will be required to register with the HSE. The HSE will determine whether the childcare service is compliant in terms of suitability and service design before the service will be permitted to operate. Following commencement of the service, actual care and welfare practices will be inspected.

My Department is currently developing a new Children and Young People's Policy Framework which will set out high level goals for both my own and other Departments for the next five years. The Policy Framework is expected to be published later this year and will build on Our Children - Their Lives, Ireland's first Children's Strategy which was published in 2000. This is relevant to the Early Years Strategy as the Strategy is one of three, more detailed strategies which will be developed under the Framework.

The Early Years Strategy, which will be Ireland's first ever national strategy for early years, is under development. It is expected that it will cover a range of issues affecting children in their first years of life such as child health and well-being, parenting and family support, learning and development, play and recreation and early childhood care and education.

Departmental Staff Numbers

Ceisteanna (652)

Robert Troy

Ceist:

652. Deputy Robert Troy asked the Minister for Children and Youth Affairs the number of social workers currently employed by her Department; and if this figure is in line with previous commitments [36652/13]

Amharc ar fhreagra

Freagraí scríofa

Figures supplied by the HSE, from its census of employment in the public health and social care sector, indicate that the number of whole-time equivalent (WTE) social workers employed in the HSE Children and Families service area was 1,397 at the end of June 2013, which is the latest date for which figures are available.

The census numbers reflect the outcome of a process of re-classification of social workers within the HSE into various care groups, including children and families, as part of the process of establishing the Child and Family Agency. Consequently direct comparisons with social work numbers for previous years are not meaningful.

It should be noted that there are a variety of reasons for fluctuations in employment census figures at any given time, particularly as the employment census is based on a snapshot of staff who are on the payroll at the date of the census. Among the reasons for staff being removed from the payroll thereby causing changes in employment census numbers (aside from retirements and recruitment) are deaths, career breaks and other unpaid leave, resignations and unpaid sick leave.

Early Child Care Education Issues

Ceisteanna (653)

Robert Troy

Ceist:

653. Deputy Robert Troy asked the Minister for Children and Youth Affairs the number of additional inspectors hired since it was revealed by the "Prime Time Investigates" programme that a number of areas were without an inspector; and if she will confirm that her Department has sufficient inspectors now to cover every area. [36653/13]

Amharc ar fhreagra

Freagraí scríofa

Pre-school services are subject to the Child Care (Pre-School Services) (No.2) Regulations 2006, as provided for under Part VII of the Child Care Act 1991. The implementation of these Regulations and the inspection of pre-schools is the responsibility of the Health Service Executive (HSE).

Management reforms are underway in the HSE in advance of the establishment of the Child and Family Agency. These include a programme of work to strengthen the pre-school inspectorate to ensure a greater nationwide consistency of practice in line with new National Quality Standards, and to address concerns regarding local inconsistencies and fragmentation.

In addition, the HSE is reviewing the regional spread of resources to determine whether additional resources or redeployment of existing inspectors is required. I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to additional resource requirements.

The HSE has begun the process of publishing retrospective pre-school inspection reports on-line, and this process will continue over the coming weeks and months. All new inspection reports from 1st July will be published on-line on completion. Pobal is hosting the publication of the pre-school inspection reports, and they are available on the Pobal website.

Youth Justice

Ceisteanna (654)

Robert Troy

Ceist:

654. Deputy Robert Troy asked the Minister for Children and Youth Affairs in view of recently expressed opinions by the Judiciary regarding a lack of detention facilities for young offenders, the action she has taken to rectify this since this was highlighted; and if she will provide a clear timeframe for when this problem will be solved in the short-term. [36654/13]

Amharc ar fhreagra

Freagraí scríofa

The legal detention capacity of the Children's Detention School on the Oberstown campus comprises 24 male bed spaces in Trinity House School, 8 female bed spaces in Oberstown Girls School, and 20 male bed spaces in Oberstown Boys School. However, only 16 of the certified 24 male bed spaces in Trinity House School are currently available for use due to staffing shortages. The Irish Youth Justice Service, which is based in my Department, is currently in discussions with management, staff and unions on the Oberstown campus on initiatives to reconfigure the detention places and staff resources, in order to address the increased demand for male bed places from the courts. This is being progressed so as to achieve its earliest possible solution. The issue is complex and it is not possible to provide a more definitive timeframe at this stage.

I have also noted a substantial increase in demand for male bed spaces on the Oberstown campus in 2013 compared to 2012. This has been primarily but not exclusively driven by an increase in the number of boys aged 16 years old on admission detained in Oberstown. The Irish Youth Justice Service has identified a trend since late 2012 of a higher number of such children being detained in Oberstown compared to the situation which applied when this age group was the responsibility of St Patrick’s Institution. This increase in demand from the courts merits further consideration, particularly since the Central Statistics Office has recently recorded a general reduction in crime trends overall in the community.

Proposed Legislation

Ceisteanna (655)

Robert Troy

Ceist:

655. Deputy Robert Troy asked the Minister for Children and Youth Affairs a clear timeframe for the publication and-or implementation of the following Bills: the children first legislation, adoption amendment Bill and information and tracing Bill. [36655/13]

Amharc ar fhreagra

Freagraí scríofa

The General Scheme and Heads of Bill of the Children First Bill 2013 are to be submitted to Government shortly for approval to draft the Bill.

The General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill were published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law if the Constitutional amendment was approved. It is my intention to bring the Adoption (Amendment) Bill 2013 before the Houses of the Oireachtas as soon as possible, following conclusion of all proceedings and processes relevant to the Referendum.

Complex legal and constitutional issues have arisen during the course of preparation of the Heads of the Adoption (Information and Tracing) Bill and these issues are currently being examined within my Department and within the Office of the Attorney General. I am not in a position to say when it is likely that the Bill will be published but my intention is to bring the Heads of Bill before Government at the earliest possible date to seek approval to draft the Bill.

Child Protection Issues

Ceisteanna (656)

Robert Troy

Ceist:

656. Deputy Robert Troy asked the Minister for Children and Youth Affairs in view of the fact that it is now one year since the publication of the independent child death report, if she will publish in detail the recommendations that have been implemented; the recommendations that remain to be implemented; and the reason for same. [36657/13]

Amharc ar fhreagra

Freagraí scríofa

I indicated when I published the report of the Independent Child Death Review Group (ICDRG) that I welcome the findings and recommendations of this report, and that I accept fully the need for action in the areas identified.

The necessary actions are being implemented in the context of the Government’s reform programme for children’s services, the most radical reform of child welfare and protection services ever undertaken in the State. The integrated delivery of these reforms will ensure that responses to many of the ICDRG recommendations will be mainstreamed into the work programme of the new Child and Family Agency.

At a broader policy and legislative level, detailed work is also underway to implement the ICDRG recommendations as follows:

Legislative Reform

- In order to support the rights of children generally, and particularly those who require the intervention of child welfare and protection services, the Constitutional referendum on children was held in November 2012. Issues related to the in camera rule and child care court proceedings have also been subject to legislation. The Child Care Act 1991 (Section 29(7) Regulations were made in November 2012 facilitating the public reporting of child care court proceedings by researchers. These regulations have facilitated an independent project under Dr Carol Coulter which is carrying out research, for publication, on child care hearings in the courts. The Government has recently published the Court Bill 2013 to directly address issues related to the in camera rule. The draft Heads of the Children First Bill were considered by the Oireachtas Committee on Health & Children and the report of the Committee is being considered by my Department in the development of these legislative proposals. I have also committed to strengthening the legislation regarding the provision of aftercare. I recently met with experts and representatives of organisations working with young people in care to discuss the best approach to this amendment.

Organisational Reform

- The Child and Family Agency will be an essential vehicle for ensuring that the ethos of quality and accountability called for by the ICDRG is strongly reflected in children’s services.

Operational Reform

- A central feature of the new Agency will be a new Service Delivery Framework which will prioritise serious child protection referrals while providing for development of new ‘Local Area Pathways’ which will involve a greater use of community-based services to address child and family welfare concerns in a timely & effective manner. Significant work has taken place in relation to this service redesign.

- A group has been established in the HSE to work with the Irish Youth Justice Service on the needs of the most vulnerable youths, in line with the needs highlighted in the Child Deaths Report. In addition the multi-disciplinary ACTS (assessment and therapeutic care) team has been established to provide specialised support for children in special care or detention.

- Work is progressing on development of a National Child Care Information System to comprehensively address issues of record keeping and data management. The procurement process is now at contract stage.

- Two out-of-hours pilot projects in Donegal and Cork were commenced and independently evaluated. The HSE has reviewed the Evaluation Report and prepared a business case for a National Out of Hours Social Work Service. The HSE is in discussion with relevant staff representative associations.

Aftercare Services

As of the end of December 2012, 1457 young people were in receipt of an aftercare service. My Department is currently examining options in the context of the Child and Family Agency to strengthen legislation regarding the provision of aftercare. I have met with experts and representatives of organisations working with young people in care or aftercare to discuss these options.

Workforce Development

- This Government completed the recruitment of 260 additional social workers proposed in the Ryan Report Implementation Plan. Over 1,400 social workers are employed in Children and Family Support Services and the introduction of 260 additional social workers represents a significant strengthening of the workforce.

- Arrangements for the induction, training and supervision of these staff have been put in place.

- Support for all staff includes the introduction of national guidance, such as Child Protection and Welfare Practice Handbook, and supervision of the implementation of this guidance.

Oversight

- Last July, I launched the first-ever HIQA ‘National Standards on Protection and Welfare of Children’. HIQA recently announced the commencement of inspections of child protection services, in line with new standards.

- 10 cases identified in the ICDRG report have been referred for independent review under Dr. Helen Buckley.

- Specific work is proceeding in relation to the Review Group’s recommendations regarding mechanisms for the independent review of child deaths. It is necessary to ensure that any such arrangements are developed in a manner that is fully consistent with the major organisational reforms currently in train including the transfer of child protection services from the HSE to the CFA and the recent expansion of HIQA’s inspection regime to cover all child protection services. My Department has also consulted with colleagues in the North in order to share learning from the respective approaches to child death review.

I trust these details illustrate the seriousness with which the ICDRG report is being advanced. Finally, my Department has also used the detailed research undertaken in the report to highlight more general policy issues across Government, including for example discussions on the preparation of a National Substance Misuse Strategy.

Early Child Care Education Issues

Ceisteanna (657)

Robert Troy

Ceist:

657. Deputy Robert Troy asked the Minister for Children and Youth Affairs if a completed annual return by early childhood settings outlining the number of children and the age brackets; the number of staff and their relevant qualification are not a qualifying condition for payment of grant. [36658/13]

Amharc ar fhreagra

Freagraí scríofa

I assume that the Deputy is referring to the Early Childhood Care and Education (ECCE) programme which provides for a free pre-school year to all eligible children in the year before they commence primary school. Almost every pre-school service (more than 4,300) in the State is participating with over 68,000 children, or 94% of the eligible age cohort, availing of free pre-school this year. Children are eligible to avail of the free pre-school year where they are aged more than 3 years 2 months and less than 4 years 7 months at 1 September in the relevant year.

It is a requirement that service providers who are participating in the ECCE programme submit a return to my Department which gives details of children who, during one 'snap shot' week at the commencement of the school year, are enrolled for the programme. The PPS number for each child is then verified with the Department of Social Protection before payment is made.

The ECCE programme introduced the first-ever requirement for minimum qualifications for staff working in the childcare sector. The current requirement under the programme is that the pre-school leader delivering the pre-school provision must hold a qualification in childcare/early education at a minimum of Level 5 on the National Framework of Qualifications of Ireland (NFQ), or an equivalent nationally-recognised qualification or a higher award in the childcare/early education field. Therefore the qualification details of staff providing the ECCE programme are also required as part of the return made by the provider.

I propose to increase the qualification requirement for pre-school leaders from Level 5 to Level 6 for new services from September 2014, and from September 2015 for existing services.

It is a condition for childcare services participating in the ECCE programme that they adhere to the terms and conditions of the programme and also undertake to comply with all relevant legal and regulatory requirements which include planning legislation, employment legislation, health and safety legislation and data protection requirements. Only services which meet the standards set out in the Regulations and undertake to comply with the terms and conditions of the free pre-school scheme are permitted to participate in the ECCE programme.

Question No. 658 answered with Question No. 651.
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