Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 17 Dec 2013

Written Answers Nos. 79-100

Child Care Costs

Ceisteanna (79, 86, 95)

Robert Troy

Ceist:

79. Deputy Robert Troy asked the Minister for Children and Youth Affairs her views on the recent Indecon report on support for child care for working families as a mechanism to tackle the regulation of childminders; and if she will make a statement on the matter. [53854/13]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

86. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs her plans to implement the recommendations outlined in the report commissioned by Donegal county child care committee supporting working families, Releasing the Brake on Economic Growth; and if she will make a statement on the matter. [53855/13]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

95. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the level of funding available within her Department to implement the recommendations outlined in the report commissioned by Donegal county child care committee supporting working families, Releasing the Brake on Economic Growth; and if she will make a statement on the matter. [53845/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 79, 86 and 95 together.

I am aware that lack of access to affordable, quality childcare is a significant barrier to many low-income and disadvantaged families seeking to avail of work opportunities. My Department has a funding allocation in 2014 of some €260m per annum which is used to implement a number of childcare programmes.

€175m of this funding is committed to providing the free Pre-School Year which benefits approximately 68,000 children each year. The financial benefit to the parent of a child participating in the free pre-school year is about €2,500. I have succeeded, despite the challenging budgetary situation, in maintaining the Pre-School Year as a universal and free programme, ensuring that a significant number of children, who would not otherwise be able to do so, can avail of quality pre-school services.

Some €76.4m in funding is used to implement the Community Childcare Subvention and Childcare Education and Training Support programmes. These provide subsidised childcare for lower income and disadvantaged families and parents participating in programmes provided by Solas and Education and Training Boards. About 33,000 children benefit each year.

A further €9.5m in funding will be used in 2014 to implement an after school programme, targeted at low-income parents availing of employment opportunities, and a new part-time programme targeted at Community Employment participants. Some 2,600 children are expected to benefit from these programmes.

I am happy to advise the Deputy that my Department will be reviewing the Community Childcare Subvention and Childcare Education and Training Support programmes in the coming year with a view to identifying areas where they could be enhanced and improved to ensure that the best use of this funding investment is being made. The recommendations of the Indecon Report will be considered as part of this process.

As the Deputy may be aware, pre-school services are subject to the Child Care (Pre-School Services) (No 2) Regulations 2006. Childminders taking care of not more than three pre-school children from different families are currently not subject to the Regulations and therefore are not obliged to notify their services to the HSE. Childminders not subject to the Regulations are encouraged and incentivised to voluntarily notify their services and to avail of quality training programmes. There has been a limited response to these incentives and considerable work will need to be done to ensure whatever form of regulation is introduced works for children, parents and for childminders. My Department will be working to develop a suitable approach in consultation with stakeholders in the sector.

Child Poverty

Ceisteanna (80)

Caoimhghín Ó Caoláin

Ceist:

80. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if her Department routinely assesses the impact of the current economic recession on overall child welfare; if her attention has been drawn to the findings of the recent Growing Up in Ireland report including the finding that young children from the most disadvantaged backgrounds are more likely to be obese, have poorer diets and display behavioural problems than children from more advantaged families; the consideration that is given to such findings; and if she will make a statement on the matter. [53806/13]

Amharc ar fhreagra

Freagraí scríofa

My Department places a particular value on evidence - informed policy. The first ever National Longitudinal Study of Children in Ireland, Growing up in Ireland, is wholly funded and managed by my Department, with support from the Department of Social Protection and the Central Statistics Office. Findings from Growing Up in Ireland provide us with important evidence on children's lives across a range of outcomes, including health and diet, behaviour and development, as well as their home environment and the financial circumstance of their families. This evidence has relevance for a range of issues, across Government departments, and is likely to become increasingly used by Departments to inform future policy.

In addition to the research undertaken by my Department, the Department of Social Protection undertakes a range of research and monitoring activities, including monitoring the impact of budgetary measures, which focus on households with children and on child poverty. Collectively, this research and data provides an important resource for the policy system and departments, to support and inform decision-making.

While I welcome the fact that Growing Up in Ireland shows that the vast majority of Irish children are in good health and display low levels of behavioural difficulties, it also gives evidence of a social gradient in child outcomes relating to levels of social advantage, a gap that begins to emerge in early childhood. This evidence must be used to inform policy and guide what we do. Overweight and obesity have emerged as public health priorities and are being addressed through the Special Action Group established by the Department of Health and the Department of Social Protections' initiative 'Healthy Food for All', which promotes healthy eating and combats food poverty.

In my own Department, the introduction of the new Area Based Childhood (ABC) Programme 2013-2016, which is building on the work of the Prevention and Early Intervention Programme (PEIP), is a further demonstration of the Government's commitment to evidence based interventions for disadvantaged children and young people. We know that the home environment impacts on a whole range of child outcomes and that parenting plays an important role in mitigating the impact of poverty and disadvantage.

My Department is committed to continuing the Growing Up in Ireland Study, to provide high quality data on a whole range of child outcomes, and arrangements are underway to commission a second phase of the study to ensure that this rich data source is continued and built upon. The research from Growing Up in Ireland and other sources has been carefully utilised to inform the development of the National Children and Youth People's Policy Framework. Finalisation of this framework by my Department, in association with other Departments across Government, is at an advanced stage and it will inform the development of future policies and services to promote improved outcomes, with a particular focus on groups of children whose outcomes are currently poorest.

Youth Services

Ceisteanna (81)

Bernard Durkan

Ceist:

81. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which her Department continues to interact with youth organisations with a view to encouraging young persons to develop their confidence and self-esteem; and if she will make a statement on the matter. [53795/13]

Amharc ar fhreagra

Freagraí scríofa

My Department supports the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth sector. The funding schemes support national and local youth work provision to some 400,000 young people and involve approximately 1,400 paid staff and 40,000 volunteers working in youth work services and communities throughout the country. In 2013, €53.498m has been made available for services for young people.

Young people benefit hugely from participation in youth work services. There is a growing body of research evidence which highlights how engagement in quality programmes helps young people to acquire important life skills such as confidence, problem solving, resilience and the ability to develop and maintain positive relationships and how it can enhance young people’s competences for communication, leadership and innovation and their employability.

I, and officials of my Department have met, and continue to meet with many youth organisations and groups to see how we can work together to bring about the best possible outcomes for young people having regard to resources available to us and to ensure that the programmes and services being provided are relevant and responsive to young people’s needs.

In keeping with my Department’s responsibilities for children and young people, my Department is developing a new strategy for children and young people. This new five-year Children and Young People’s Policy Framework is being developed in a holistic way which will comprehend the continuum of the life-course from infancy through to early and middle childhood, adolescence and early adulthood. This overarching Framework will provide the basis for more detailed strategies including a new youth policy strategy.

The youth work organisations have a significant contribution to make to the development of the new youth policy strategy. Their experience and knowledge of the challenges that young people face will be important to the new shaping of the new strategy so that it is responsive to young peoples needs. The National Youth Work Advisory Committee, appointed by me in January 2013 and which includes representatives of the national youth organisations as well as Government departments, the Education and Training Boards and other statutory agencies involved in youth matters, is undertaking the preparatory work for the new youth policy strategy. I work closely with the Committee on issues to do with how youth work practice and services can advance key desired outcomes for young people’s wellbeing. It is planned that the youth policy strategy will be substantially progressed for completion in 2014.

Inter-Country Adoptions

Ceisteanna (82, 98)

Robert Troy

Ceist:

82. Deputy Robert Troy asked the Minister for Children and Youth Affairs her plans for dealing with the ongoing issues relating to Russian adoptions; and if she will make a statement on the matter. [53850/13]

Amharc ar fhreagra

Caoimhghín Ó Caoláin

Ceist:

98. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if she will provide assurances that the families seeking to adopt in Russia, who have been affected by a conflict in Irish and Russian law will be dealt with before years end; her plans to provide a solution for those affected; if retrospectively amending the Adoption Act 2010 forms part of this; and if she will make a statement on the matter. [53805/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 and 98 together.

One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I have been contacted by four sets of prospective adopters who were affected by this change and who sought my assistance in this regard. Since this situation arose in July 2013 I have undertaken diplomatic and political efforts to resolve the situation.

However it is obvious to me that in order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act had to be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department has worked with the Office of the Attorney General to produce amending legislation that resolves the situation within the parameters of Irish law and our obligations under the Hague Convention. The legislation proposes an amendment to the Adoption Act to extend the period of eligibility and suitability to allow those affected by the change in Russian legislation further time to complete their adoptions,

Earlier today I sought the approval of the Government for the publication and presentation to Dail Éireann on Thursday 19 December 2013 of the text of the Adoption (Amendment) Bill, 2013, in order to address the small number of cases affected by the change in Russian adoption legislation. I have received very strong requests from across the House to bring forward such a proposal and I hope the necessary amendment will receive the support of my opposition colleagues.

Detention Centres Provision

Ceisteanna (83)

Sandra McLellan

Ceist:

83. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs her views regarding the current transition of residents at St. Patrick's Institution to the Oberstown campus; if she will provide a timescale for the transition; and the status of discussions with staff at the campus regarding resources, staffing and restoring at the new campus. [53846/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Programme for Government commitment in this area refers to the ending of the practice of detaining children in St Patrick's Institution. This will be achieved in two major steps. The first one has already been achieved in that I signed the required Ministerial orders during 2012 under the Children Act 2001 which ended the practice of detaining 16 year old boys in St Patrick's Institution. The second step will be the ending of the practice of detaining 17 year old boys in the adult prison system. This will be achieved by the completion of the National Children Detention Facility project in Oberstown. A main contractor and a number of sub-contractors have now been appointed to this project and construction of the new facilities started on site on 23 September 2013. On 14 October 2013 I officially launched the construction project with the event taking place on the campus in Oberstown.

The timeline for the project will see the first three new residential units available in the third quarter of 2014, which will be used to facilitate the transfer of responsibility for 17 year old boys from the adult prison system to the Oberstown campus.

In additional to the capital project, my Department and I are overseeing a further programme of reforms aimed at enhancing the effective management and capacity of services on the Oberstown campus in advance of, and to support, the expanded facilities to be provided. A recruitment process has recently resulted in the appointment, with effect from 2 December 2013, of Mr Pat Bergin as Campus Manager for the Oberstown site, who will report to the Board of Management. I see this appointment as a crucial element of the reform of the children detention service.

In addition, early next year I will be presenting a set of amendments of the Children Act 2001 to the Oireachtas which will provide a mechanism for the merging of the three existing Children Detention Schools into a single legal entity. These governance reforms will complement the on-going work over recent years to develop integrated care policies and shared services across the Oberstown campus.

I wish to further advise that a care staff recruitment programme has been sanctioned by Government and will shortly be commenced in conjunction with the Public Appointments Service, with the aim of deploying the new staff in Oberstown for orientation and training on a staged basis from early 2014.

In order to ensure a safe and stable transition to the new children detention school campus during 2014, a comprehensive business planning process has commenced for the delivery of services for all children under 18 in Oberstown.

In line with an agreement made at the Labour Relations Commission earlier this year, agreement was reached with staff representatives on the appointment of a third party arbitrator who is currently overseeing a joint staff/management review of the operation of the campus staffing roster in Oberstown which was implemented in February 2013. This review is ongoing and it is my intention that the review will be completed as soon as possible.

Significant change and development is underway on the Oberstown Campus and arrangements for ongoing staff engagement and support is an important element of this change programme which is being overseen by the Board of management and the recently appointed Campus Manager.

Youth Services Funding

Ceisteanna (84)

Catherine Murphy

Ceist:

84. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs the reason the number of funding administrative bodies has been decreased; the reason funding administering arrangements formerly carried out by six large youth organisations were transferred to the City of Dublin Education Training Board in 2012; if she will identify the six youth organisations in question; and if she will make a statement on the matter. [53840/13]

Amharc ar fhreagra

Freagraí scríofa

The funding for youth projects under the Special Projects for Youth Scheme, the Young Peoples Facilities and Services Fund, Rounds 1 and 2 and Local Drugs Task Force Projects is administered by my Department through funding administration bodies. In the main, these are the Education and Training Boards (ETBs) but they also include other bodies such as the HSE, some local authorities and, up to recently, some of the larger national youth organisations.

The City of Dublin Youth Service Board (CDYSB), a statutory board established in 1942, under the City of Dublin ETB, is one such body which distributes allocations to youth projects. The CDYSB, on behalf of CDETB, has for several years, undertaken the administration of approximately 70 youth projects in the Dublin City area and has developed a strong track record in managing these payments.

In January 2013, in an effort to streamline the tasks associated with the financial management of funding for projects to achieve greater efficiency in the administration of funding, the administration tasks, formerly carried out by six national organisations were transferred to CDYSB. The six organisations are Youth Work Ireland, Crosscare, Foróige, Involve, YMCA and ECO-UNESCO

It is anticipated that, over time, the successful streamlining of the administration of the funding for the youth projects will deliver benefits in terms of saving on the administration costs incurred under the present arrangements and efficiencies for both the Department and projects themselves.

In recent years, the number of bodies holding funding administration status from my Department has reduced from approximately 40 to some 30 at the start of 2013. It is anticipated that the number of funding administration bodies will continue to reduce as the integration of former VECs into the Education Training Boards is completed.

Adoption Services Provision

Ceisteanna (85)

Clare Daly

Ceist:

85. Deputy Clare Daly asked the Minister for Children and Youth Affairs the percentage of cases where the Adoption Authority of Ireland has overturned negative assessments of couples as being unsuitable parents; the circumstances in which these decisions are made; and if she has any plans to reform this system. [53811/13]

Amharc ar fhreagra

Freagraí scríofa

This information has been requested from the Adoption Authority of Ireland. Unfortunately it was not possible to ascertain the information in the time available. As soon as my Department is in receipt of the necessary information I will forward it directly to the Deputy.

Question No. 86 answered with Question No. 79.

Proposed Legislation

Ceisteanna (87, 103)

Caoimhghín Ó Caoláin

Ceist:

87. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the measures she is taking to address the current barriers which prevent adoptees from tracing their birth parents; the date on which the Adoption (Information and Tracing) Bill will be published; and if she will make a statement on the matter. [53808/13]

Amharc ar fhreagra

Clare Daly

Ceist:

103. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reasons for the delay in bringing forward the adoption and tracing legislation; and if she will specify the obstacles that she has previously referred to in relation to implementing full tracing rights and retrospection. [53812/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 87 and 103 together.

Existing procedures for the tracing of birth parents by people who have been adopted are not ideal and I have been anxious to see improvement brought about. The existing arrangements for those seeking access to information reflect a transition from complex and historical situations and I am anxious that the HSE implement much more improved and consistent arrangements. It is also necessary to acknowledge that the legal and Constitutional framework within which such access operates is complex, reflecting a it does the balancing rights to privacy of the mother or a child who may not wish for contact to be re- established or personal information exchanged. The HSE provides an Information and Tracing Service throughout the country to birth mothers, adopted persons and their families. The Adoption Act 2010, requirement that agencies providing Information and Tracing services would gain accreditation resulted in a number of religious orders deciding not to apply for accreditation and transferring files from their Mother and Baby Homes and Adoption Societies to the HSE. Approximately 25,000 files have been transferred to the HSE Regional Adoption Service in Cork, from the Sacred Heart Adoption Society. Work by the HSE on the organising and storage of these files has taken place. The HSE has sought the advice of the National Archives in relation to the proper storage of these files that are of great significance. The HSE has also received records from other agencies. A comprehensive list of records held, and their locations, is available on the HSE website.

The HSE Information and Tracing Service recognises the importance attached to this area of service provision and is working to provide a more streamlined service and to ensure that enquiries in regard to information and tracing are handled as quickly as possible. The HSE has advised me that, in the first instance, any person seeking information on adoption, or an illegal registration of a birth, should contact the Adoption Authority of Ireland or the HSE Community Services who will assist in directing them to the personnel dealing with their particular records.

The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. The Authority, the Health Service Executive and accredited adoption services routinely inform enquirers about the existence of the register and encourage anyone interested in tracing or gaining information to sign up. I am conscious of recent media coverage of the issue of information and tracing and I would hope that this will encourage more birth mothers in particular to access the Contact Preference Register and where possible to consent to the release of information.

Work is continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. I am anxious to bring the Heads of bill before Government at the earliest possible date. The Constitutional and legal context within which the development of these legislative proposals must be undertaken is complex. Certain legal and policy questions are currently being finalised and I expect to shortly submit a General Scheme and Heads of Bill to Government. The proposals will have to address the Constitutional and legal position with regard to any retrospective application of legislation, particularly as it relates to the right to privacy and the necessity to obtain consent for the release of personal information. I have agreed with the Oireachtas Health and Children Committee that once agreed by Government, the Heads of Bill will be the subject of Committee hearings so that the complex and sensitive issues involved can be the subject of public consideration.

Adoption Services Provision

Ceisteanna (88)

Mick Wallace

Ceist:

88. Deputy Mick Wallace asked the Minister for Children and Youth Affairs her views on the very low success rate of the national contact preference register in matching only about 5% of the people who sought their assistance; the action she will take regarding same; and if she will make a statement on the matter. [53842/13]

Amharc ar fhreagra

Freagraí scríofa

The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. They decide, through a range of information and contact options, how they wish to proceed. The Adoption Authority of Ireland has responsibility for the operation of the Contact Preference Register. The Authority has stated that there are currently in the region of 7500 adopted persons and 3400 relatives registered and there have been 660 matches to date. Each "match" involves an adopted person and at least one natural relative; therefore, based on these figures the result is around 9% of adopted applicants and just under 20% of natural relatives have been matched. The Authority advises that this would be comparable with the 10-15% success rates reported in similar registers in other jurisdictions.

The Authority, the Health Service Executive and accredited adoption services routinely inform enquirers about the existence of the register and encourage anyone interested in tracing or gaining information to sign up. I am conscious of recent media coverage of the issue of information and tracing and I would hope that this will encourage more birth mothers in particular to access the Contact Preference Register and where possible to consent to the release of information.

Child Poverty

Ceisteanna (89)

Aodhán Ó Ríordáin

Ceist:

89. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs the area based childhood programmes that have been rolled out; her plans for further roll-out; and if she will make a statement on the matter. [53714/13]

Amharc ar fhreagra

Freagraí scríofa

The Area Based Childhood (ABC) 2013-2016 is being implemented by my Department, in partnership with Atlantic Philanthropies who are co-funding the programme's total allocation of €29.7m. The programme will deliver the Programme for Government commitment to adopt an area-based approach to child poverty, drawing on best international practice and existing services to break the cycle of child poverty where it is most deeply entrenched and improve the outcomes for children and young people. The ABC programme will build on and continue much of the work of the Prevention and Early Intervention (PEIP) Programme, which was also implemented by my Department and co-funded by Atlantic Philanthropies.

50 applications to participate in the programme were received. Three of these were from the previous PEIP participants and these were evaluated and approved for entry to the programme earlier this year. The remaining 47 applications have since been evaluated with nine of these being recently approved for entry to the next, design stage of the programme. Applications were evaluated against the criteria set out in the applications process, namely Evidence of Need, Quality of the Proposal, Additionality & Sustainability, and Understanding and Capturing Outcomes, and ranked accordingly. These new areas are:

- Bray

- Ballyfermot/Dublin 10

- Clondalkin

- Dublin Docklands

- Finglas

- Grangegorman/NW Inner City

- Knocknaheeny

- Limerick

- Louth

In addition, an application from the Midlands counties has been approved to enter the design stage of the programme as part of the previous PEIP project in Darndale.

My Department, in partnership with Atlantic Philanthropies, is currently engaged in supporting successful applicants through the design stage of the programme and will be supported in this process by Pobal and the Centre for Effective Services. Plans are underway to hold an information day in January 2014 at which the next steps will be outlined. I understand that my Department will be writing to the new participants in the coming days to invite them to attend this event. While some projects are expected to advance to the final approval stage more quickly than others, I hope to see as many as possible of the projects at implementation stage before the end of this year.

Foster Care Provision

Ceisteanna (90)

Sandra McLellan

Ceist:

90. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs her views on the recent report of inspections of foster and children's residential services; the discussions she has had with Health Information and Quality Authority in this regard; the implications of the report; the number of foster and residential facilities found to have standards of hygiene and cleanliness below the minimum standards expected; her plans to address these shortcomings; and the steps she will take to improve the situation in these centres. [53847/13]

Amharc ar fhreagra

Freagraí scríofa

Currently HIQA inspects foster care services against the National Standards for Foster Care, residential services against the National Standards for Children's Residential Services and HSE child protection services against the National Standards for the Protection and Welfare of Children.The HIQA inspection process raises both specific local quality improvement changes and also contributes to corporate learning regarding the provision of these services.

I welcome the publication of The Overview of findings of 2012 children's inspection activity: foster care and children's residential services last July. This report outlines common themes found by HIQA inspectors when inspecting these services and provides a valuable overview of the ongoing work required to bring children and family services to a standard of quality care and practice. It recognises the improvements made to date and that many children in residential care and foster care receive a good standard of quality care.

The report highlights the fact that while many residential centres have appropriately qualified staff who are committed and dedicated with interventions that led to positive outcomes for children in their care, the system still faces many challenges and further improvements are required. In relation to foster care the report found that foster carers provided good quality care to children and young people. While it noted there were few young people waiting for a foster care placement, there were some difficulties accessing appropriate placements for children with complex needs and in a child's local area..There were no negative findings in relation to hygiene and cleanliness standards in residential care or foster care.

I, with my officials have regular ongoing discussions HSE and HIQA to address inter alia issues arising from inspections of services and to ensure that measures are put in place to improve services as necessary and that learnings from these inspections are widely disseminated across the services. As the Deputy may be aware, the legislation to establish the new Child and Family Agency (CFA) was enacted recently. My Department will continue to work with HIQA and the CFA to drive improvements in children's services.

Children's Rights Referendum

Ceisteanna (91)

Robert Troy

Ceist:

91. Deputy Robert Troy asked the Minister for Children and Youth Affairs her timeframe for bringing forward legislation to underpin the result of the children’s rights referendum; and if she will make a statement on the matter. [53852/13]

Amharc ar fhreagra

Freagraí scríofa

The judgement in the High Court challenge to the result of the Children’s Referendum was delivered on 18th October. The Petitioner was unsuccessful in her petition to the High Court challenging the Provisional Referendum Certificate issued on foot of the Children's Referendum. The Court dismissed the petition.

With the consent of the parties and to allow time for giving notice of an appeal, the Judge decided to grant a short stay on his endorsement of the Provisional Referendum Certificate (as required under section 57(3) of the Referendum Act 1994).

On 24th October, the Petitioner’s Counsel made an application to the Supreme Court for a priority appeal hearing date.

The Court granted the application for a priority hearing of the appeal and the extension of the stay on the endorsement of the Referendum Certificate. It is anticipated that the Supreme Court appeal will be heard early in 2014.

The Petitioner had also challenged, by way of plenary proceedings, the constitutionality of certain provisions of the Referendum Act 1994 and High Court hearing of these proceedings concluded on 12th December and judgement is awaited in the matter.

The matter of referring the Thirty-First Amendment of the Constitution (Children) Bill 2012 to the President for signing into law, and to give effect to the Constitutional changes concerned, must await determination by the Courts of the legal challenge made.

The General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill was published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law envisaged if the Constitutional amendment was approved.

The provisions of the proposed Adoption (Amendment) Bill 2013 will change the criteria, applicable under section 54 of the 2010 Act, under which the High Court may authorise the making of an adoption order without parental consent, in the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The Bill will also provide for the voluntary placement for adoption of any child irrespective of the marital status of his or her parents.

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 Children’s Referendum.

Separately, the Deputy will already be aware that the best interests and views of children will be central to the Child and Family Agency’s performance of its functions as set out in Section 9 of the Child and Family Agency Bill 2013 which will be enacted shortly.

Child Abuse Reports

Ceisteanna (92)

Caoimhghín Ó Caoláin

Ceist:

92. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs her views on the finding in a new study by academics at Trinity College Dublin, which looked at the recommendations of five high-profile inquiries into child abuse in families between 1993 and 2010, that there is recommendation fatigue; the implication of same on inquiries in the future; and if she will make a statement on the matter. [53807/13]

Amharc ar fhreagra

Freagraí scríofa

I welcome the publication of the report ‘An examination of recommendations from inquiries into events in families and their interactions with State services, and their impact on policy and practice’ by Dr Helen Buckley & Dr Caroline O’Neill of the School of Social Work and Social Policy, at Trinity College Dublin

This report was commissioned by my Department and considered the implementation of recommendations resulting from five inquiries into child abuse in families between 1993 and 2010. These were: the Kilkenny Incest Inquiry; Kelly Fitzgerald report; West of Ireland Farmer Case; the Monageer Inquiry and Roscommon Child Abuse Case. The objective was to determine the degree to which inquiry recommendations were implemented and to assess their impact in the context of policy initiatives and reforms.

While I am pleased to see that many inquiry recommendations have acted as a mechanism for positive change, I am concerned that the findings of this study have also revealed a type of ‘recommendation fatigue’. It is important to note that this research report does provide clear advice, based on international best practice, on how to approach future reports. A key message is that future inquiries should take a fresh approach in order to minimise the number of prescriptive recommendations. The report recommends that the focus of inquiries should be on key learning points which may be disseminated within and across organisations. Specifically, it proposes that recommendations should be drafted in a forward looking phase of an inquiry process, as distinct from the fact finding backward looking initial phase of an inquiry, and that they should be developed based on a collaborative approach with those who will be responsible for their implementation. The report also recommends that inquiries should ensure that the recommendations are informed by all relevant sources of information, knowledge and expertise. They should be framed in a way that illustrates the rationale for change, promotes learning, cites evidence, identifies the organisation or sector responsible for their implementation, and outlines them in such a way that progress in their application will be easy to evaluate.

In general, it is a matter for individual Departments to take the appropriate action on any recommendation relevant to its work. Where recommendations are proper to my Department, they form part of the process of policy development and, if appropriate, inform the usual business planning processes. As regards the higher level oversight of recommendations, my officials are currently preparing a monitoring framework in respect of all significant child care reports. This involves reviewing current monitoring and reporting mechanisms, with a view to capturing all relevant recommendations thematically, and to streamline progress reporting. The purpose in doing do is to provide for the effective and sustained implementation of recommendations across Departments and Agencies, and to reduce the reporting burden on Departments and the HSE. It is intended that the monitoring framework will be put in place following the completion of the formal monitoring process for the Ryan Commission Implementation Plan.

Children in Care

Ceisteanna (93)

Thomas P. Broughan

Ceist:

93. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the actions she will take in tandem with the newly established Child and Family Agency to reduce and ultimately eliminate the number of Irish children placed in residential care outside of Ireland who are detained under special care orders and therefore provide the necessary care and supports to these children in this jurisdiction. [53792/13]

Amharc ar fhreagra

Freagraí scríofa

The HSE Children and Family services provides a comprehensive range of placements for over 6,400 children in care within residential and family based placements. Placements are planned and provided on the basis of the individual needs of each child. Where possible children are placed within their own extended family network and within their own community. Currently 92% of children are in the care of the HSE are placed in foster care which is a very positive aspect of HSE care service provision and very high by international standards.

In a very small number of circumstances it is necessary to provide placements in other countries in order to meet the individual needs of some children. In some circumstances it will be necessary to facilitate a foster care placement within the context of the child's extended family or family network. There are also cases in which the foster family is moving abroad and it is in the best interests of the child to remain with the foster family. There are also a number of circumstances in which children in the care of the HSE may be placed outside the jurisdiction with specialised therapeutic inputs from child psychiatry and psychology. All such placements abroad are made with the permission of the Courts. Placements in Special Care, whether in Ireland or abroad only occur in extreme circumstances and under the jurisdiction of the High Court.

The need to provide Special Care placements outside the jurisdiction into the future cannot be avoided in a very small number of cases in order to ensure the best interests of some children with specialised additional needs. The referral of children abroad for specialised therapeutic interventions is an established feature within our health and social care system and decisions in each case are made in the best interests of the individual. The units in which the children are placed are inspected and regulated by their national authorities and the HSE is attentive to the standards of care delivered in these specialised units. The level of requirement of these services for children is closely monitored by the National Director of Children and Family Services. Currently there are 17 children in placement in Special Care in HSE Units and 10 in placement outside the jurisdiction under the jurisdiction of the High Court.

Assessment, Consultation and Therapeutic Service (ACTS) is a new national specialised clinical service which is being developed by the HSE Children and Family Services in order to provide multidisciplinary consultation, assessment and focused interventions to young people who have high risk behaviours associated with complex clinical needs. These therapeutic inputs will be provided in a flexible, timely and responsive manner with a focus on improving outcomes for young people and their families. ACTS also supports other professionals in their ongoing work with young people and their families. This includes on-site therapeutic services to the national high support unit and special care units and the children detention centres. Assessment, consultation and focused intervention services for children at risk in the community of placement in high support, special care or detention is also a function of the ACTs team.

ACTS is a multidisciplinary service which includes psychology, social work, speech and language therapy, counselling and social care. It is supported by contractual sessions from child and forensic psychiatry. ACTS is led by a management team consisting of the national manager and three heads of discipline whose central responsibility is the implementation of systems of clinical governance to support the best outcomes for children with particular needs. This is done through effective planning, implementation and evaluation of treatment programmes and protocol driven interventions. It also involves the provision of high quality clinical supervision and monitoring of professional development needs of staff. It is based in Dublin with regional clinics in Cork and Limerick.

The HSE is currently implementing a capital development programme for Special Care services in order to ensure that there is sufficient capacity to meet the needs of children requiring this specialised type of care. The first phase of the programme is underway with improvements to facilities in Dublin completed and the extensive refurbishment of the unit in Limerick complete. Planning is well underway for phase 2 of the programme which will include a significant expansion of the capacity of the service in 2014/2015.

Child Care Reports

Ceisteanna (94)

Mick Wallace

Ceist:

94. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the interaction she has had with Ombudsman for Children since receiving the internal Health Service Executive and Garda inquiries into the removal of Roma children from their families; and if she will make a statement on the matter. [53841/13]

Amharc ar fhreagra

Freagraí scríofa

The Ombudsman for Children Ms Emily Logan has initiated an investigation of the actions of the HSE in relation to these cases under provisions of the Ombudsman for Children Act 2002. The Ombudsman for Children has also agreed to undertake an investigation of An Garda Síochána's actions, under Section 42 of the Criminal Justice Act 2007.

I can confirm that I have received reports in respect of each of the cases from HSE Children and Family Services. The reports have been referred by my officials to the Ombudsman for Children Ms Emily Logan, for her consideration. The Ombudsman for Children is an independent statutory authority and will independently assess the actions of the HSE.

In respecting the independent investigations of the Ombudsman for Children, which will now take their course, it would be wrong of me to comment in detail on the cases or the reports received from the HSE. I look forward to the conclusion of the process and to the independent findings of the Ombudsman for Children, once she reports on her investigations.

Question No. 95 answered with Question No. 79.

Child Abuse Reports

Ceisteanna (96)

Lucinda Creighton

Ceist:

96. Deputy Lucinda Creighton asked the Minister for Children and Youth Affairs the specific actions taken to date to address the misgivings uncovered since the investigation by RTE into abuses in crèches in May of 2013; and if she will make a statement on the matter. [53844/13]

Amharc ar fhreagra

Freagraí scríofa

The commitment to improve the quality of early childhood care and education for all children 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 working on a comprehensive Pre-School Quality Agenda which aims to improve quality standards in pre-school services in Ireland.

Since the broadcast of the Prime Time programme, significant progress has been made in the eight areas which I identified as requiring urgent reform, and legislation to underpin these reforms has now been passed by the Houses of the Oireachtas. The legislation allows for:

- regulations for early years services to prescribe minimum levels of qualifications for persons working in early years services. As a result, I will be introducing a minimum qualification of FETAC Level 5 for all staff working with children in pre-school services;

- the introduction of a new registration system for all early years services which will require persons wishing to open a new pre-school service to register with the Pre-School Inspectorate in advance of being permitted to operate. The service design and suitability for purpose will be examined at this stage and a follow-on inspection after the service has opened will examine its care and welfare practices; and

- increased penalties for persons convicted of regulatory breaches, including a Class A fine (i.e. up to €5,000). In addition, Pre-School Inspectors will have the option to remove a service provider from the pre-school register or attach conditions to a provider’s registration. Protocols will be developed in conjunction with the new Child and Family Agency as to how the various levels of regulatory non-compliance will be reported.

The introduction in 2014 of new regulations for early years services, to give effect to the legislative provisions, will also include the introduction of new National Quality Standards which will replace the existing explanatory guidelines with a new outcomes approach and supporting criteria; against which the quality of childcare services will be measured.

The successful implementation of the Síolta and Aistear frameworks on a national level requires childcare practitioners to have a thorough understanding of quality early years provision. In 2014, I will be establishing a new National Quality Support Service for pre-school services which will work directly with childcare services to improve the quality of pre-school care and education.

In preparing for the establishment of the Child and Family Agency, the Children and Families Services Division of the HSE has worked to address the need for a more coherent national approach to the regulation of early years services and the development of the Pre-School Inspectorate as a nationally co-ordinated service. Standard Operating Procedures have been introduced to address inconsistencies and provide clarity and transparency to early years services.

In July of this year, the Pre-School Inspectorate commenced the publication of retrospective pre-school inspection reports online, and this process is continuing. All new inspection reports completed from 1 July are also being published online. Pobal is hosting the publication of the pre-school inspection reports, and they are available on the Pobal website.

Departmental Funding

Ceisteanna (97)

Seán Kyne

Ceist:

97. Deputy Seán Kyne asked the Minister for Children and Youth Affairs if child care companies, particularly those in the community and voluntary sector, which register a modest surplus at the end of the year on account of careful and effective spending of the State funding received, will be permitted to retain and reinvest said moneys into facilities; and if she will provide assurances that the State grants for next year will not be reduced by reason of effective and efficient financial management. [53810/13]

Amharc ar fhreagra

Freagraí scríofa

The Government has made a very significant commitment to maintaining the childcare support programmes implemented by my Department - the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme, the Childcare Education and Training Support (CETS) programme and the new After-school Childcare programme. The funding is provided by means of capitation payments

The CCS programme is confined to community not for profit childcare services and the funding provided must be used by the services to reduce the weekly fees charged to disadvantaged or low income families. Parents are required to meet the balance of the economic cost of the service provided, which can vary from service to service.. The economic cost would be expected to include an appropriate level of re-investment costs. Where a community service consistently hold a significant level of surplus funds at the end of each year, it would be expected to give consideration to reducing its fee structure.

The CETS and After-school programmes are provided by both community and commercial services and the funding provided must be used by the services to reduce the weekly fees charged to qualifying parents. The fee contributions which parents are required to make towards the childcare fees are capped with the income difference between the subsidy paid by my Department and the fee charged by the service being a matter for the service.

The ECCE programme is also provided by both community and commercial services and the funding provided is expected to cover the full cost of the service. As is the case with the CETS and After-school programmes, any income difference between the capitation paid by my Department and the cost to the service of providing the free Pre-School Year, is a matter for the service.

Question No. 98 answered with Question No. 82.

Early Years Strategy Implementation

Ceisteanna (99)

Aodhán Ó Ríordáin

Ceist:

99. Deputy Aodhán Ó Ríordáin asked the Minister for Children and Youth Affairs if she will provide an overview of the key recommendations in the right from the start early years strategy; the time-line for their implementation; and if she will make a statement on the matter. [53715/13]

Amharc ar fhreagra

Freagraí scríofa

Following the announcement of the preparation of Ireland’s first Early Years Strategy, I appointed an Expert Advisory Group, chaired by Dr Eilis Hennessy of UCD, to advise the Minister and her Department on recommendations for inclusion in the Strategy. The work of this Group has concluded, and their comprehensive report, ‘Right from the Start’, was launched recently.

The report comprises 10 themes which the Group consider critical for the Early Years Strategy, with core recommendations presented under each theme. The 10 themes are:

- Economic rationale for increased investment

- Supporting families

- Health and well-being

- Access to services and inclusion

- Quality in services and supports

- Training and professional development

- Regulation and support

- Governance

- Information, research and data

- Implementation

A wide range of recommendations is set out in the report for consideration, covering issues that affect Ireland’s youngest children and their families, including early childhood health, support for parents, and ensuring quality in early years provision.

The recommendations in the report are being considered within my Department. I recently held a consultation event at which key stakeholders from a wide range of relevant areas examined the recommendations and considered whether other issues needed to be considered for inclusion in the Early Years Strategy. The report and these deliberations will contribute substantially to the final draft of the new Strategy.

The Early Years Strategy is one of a number of detailed strategies under the Children and Young People’s Policy Framework which is currently being developed. The Framework, which is nearing finalisation, will set out the overall principles, vision and outcomes for children and young people and will guide actions across Government over the period 2014 to 2018. I expect to circulate the Framework to other Ministers in December. Following Government approval of the Framework, I hope to publish it early in the New Year.

Obesity Strategy

Ceisteanna (100)

Derek Nolan

Ceist:

100. Deputy Derek Nolan asked the Minister for Children and Youth Affairs her plans to tackle childhood obesity; and if she will make a statement on the matter. [53716/13]

Amharc ar fhreagra

Freagraí scríofa

The Government shares with many other agencies and professional groups, concerns about the growth and nutrition of children and teenagers. The factors associated with overweight and obesity in Irish children are complex, and research suggests that a multidimensional approach which crosses Government departments and agencies and involves children and families and community organisations working with statutory and voluntary sector, is needed.

“Obesity - the policy challenges: The report of the National Taskforce on Obesity”, was published by the department of Health in 2005 and remains the guiding document for work in this area. My colleague the Minister of Health, has established a Special Advisory Group on Obesity to advise on implementation of the report and this group has representation from my own Department. In November of this year, the Minister of health and myself launched the first phase of a three year media campaign on preventing childhood obesity developed by both our Departments working with Safe Food and the HSE. The media campaign is complemented by a website, social media interventions and printed resources for parents and professionals. The thrust of the campaign is based on providing parents with practical tips in addressing the problem. Other work of the group includes technical support for providing calorie content information for small restaurant / coffee shop owners, to facilitate young people in making healthy choices.

I recently launched the Area Based Childhood (ABC) programme 2013-2016, a €29.7m programme which is being co-funded by my Department and the Atlantic Philanthropies, to improve outcomes for children in some of our most disadvantaged areas. Some of the initiatives are encompassing empowering healthy choices for children and families, in relation to diet and exercise, as part of a holistic approach to improving children’s lives. Research has shown that parents often underestimate the weight of their children, and a new pilot project has been initiated by the HSE to enhance the measurement of school children to provide parents with accurate information on their children’s weight, which will compliment the work done at an earlier stage by Public Health Nurses in baby clinics and developmental checks.

It is widely accepted by researchers that there is a strong link between physical activity and overweight, and habits formed in youth tend to carry over into adulthood. The Growing Up in Ireland Study also clearly confirms this finding. Young people who took more exercise were less likely to be overweight or obese, especially in comparison to those who never exercised. As Minister for Children and Youth Affairs I have responsibility for Play and Recreation Policy which have been set out in ‘READY, STEADY, PLAY! A National Play Policy’ and the ‘National Recreation Policy for Young People’, both of which seek to actively promote the participation of children and young people in play and exercise .

In 2012, I established the Local Authority Play and Recreation Network (LAPRN) to introduce a more coordinated and interagency approach to achieving the goals of the play and recreation policies at both national and local level. An early achievement of the network has been the development and expansion of the National Recreation Week which my Department supports through grant funding. I am pleased to say that this year saw the largest ever participation with all counties staging popular events.

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