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Gnáthamharc

Thursday, 11 Jun 2015

Written Answers Nos. 115-139

Garda Misconduct Allegations

Ceisteanna (115)

Clare Daly

Ceist:

115. Deputy Clare Daly asked the Minister for Justice and Equality the reason a case mentioned in Dáil Éireann on 5 February 2015 in relation to allegations that two gardaí in County Galway were involved in embezzling funds for a property deal in Romania, which was first brought to the attention of An Garda Síochána in August 2011 but with no follow-up, has now been referred to Europol; the reason it is not being investigated here in view of the fact that this is where the money changed hands and where the gardaí were working, allegedly using Garda resources during their financial dealings; and if she will make a statement on the matter. [22722/15]

Amharc ar fhreagra

Freagraí scríofa

I have sought a report from the Garda Commissioner on the matters referred to by the Deputy and will communicate further when this is to hand.

Garda Station Refurbishment

Ceisteanna (116)

Billy Kelleher

Ceist:

116. Deputy Billy Kelleher asked the Minister for Justice and Equality the position regarding the provision of a new Garda station in Glanmire in County Cork; and if she will make a statement on the matter. [22731/15]

Amharc ar fhreagra

Freagraí scríofa

The programme of replacement and refurbishment of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.

I have been advised by the Garda authorities that the purchase of a premises for a new Garda station in Glanmire is currently the subject of High Court proceedings. Accordingly, I am not in a position to provide any further information in relation to this matter. I am further advised that An Garda Síochána has requested the OPW to bring forward proposals to improve the accommodation situation at Glanmire in the immediate term pending the outcome of the ongoing legal proceedings.

The provision of a new Garda station at Glanmire is being pursued in the context of An Garda Síochána's identified accommodation priorities and the availability of funding within the Vote of the OPW.

Immigration Status

Ceisteanna (117)

Bernard Durkan

Ceist:

117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining eligibility for stamp 4 in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [22741/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision letter will be issued shortly in respect of the person concerned.

Public Order Offences

Ceisteanna (118)

John Browne

Ceist:

118. Deputy John Browne asked the Minister for Justice and Equality the current and planned legislation regarding aggressive begging in public places; the powers provided to An Garda Síochána under this legislation; and if she will make a statement on the matter. [22745/15]

Amharc ar fhreagra

Freagraí scríofa

The law on begging is set out in the Public Order Act 2011. The Act defines begging as requesting or soliciting money or goods other than in accordance with a licence, permit or authorisation.

Section 2 of the Act provides that it is an offence while begging in any place to harass, intimidate, assault or threaten any other person or persons, or obstruct the passage of persons or vehicles.

Section 3 of the Act gives the Garda Síochána the power to direct persons begging in certain places such as near or at entrances to business premises, ATM machines or vending machines to desist and leave the vicinity in a peaceable and orderly manner. A person who contravenes a direction under this section is guilty of an offence and is liable, on summary conviction, to a fine of up to €500.

Section 4 of the Act gives the Garda Síochána powers of arrest without warrant where there are reasonable grounds to believe that an offence under this legislation has been committed.

Garda Youth Diversion Projects

Ceisteanna (119)

Michael McGrath

Ceist:

119. Deputy Michael McGrath asked the Minister for Justice and Equality when she expects a Garda youth diversion project for a town (details supplied) in County Cork to be operational; the level of resources that will be involved; the way the project will operate; and if she will make a statement on the matter. [22855/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware I was pleased to announce, on the 15th May last, the allocation of the first tranche of Dormant Accounts Action Plan funding which includes funding to expand and enhance the Garda Youth Diversion Project (GYDP) network. My Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service (IYJS) which manages the GYDP network nationwide.

Grants are being provided to support the opening of 10 new GYDPs nationwide and the recruitment of additional staff to 16 existing Garda Youth Diversion Projects in order to respond to higher levels of youth crime or to expand the geographical remit of a project. The funding will enable the expansion of the GYDP service by approximately 18% nationwide. The locations for new projects and for the additional youth justice workers have been selected following a detailed examination by IYJS and An Garda Síochána of national youth crime and population statistics, including a detailed analysis of youth crime by the Garda Síochána Analysis Service. The full list of locations is available on my Department's website www.justice.ie and www.iyjs.ie.

A new project will be established in the town mentioned by the Deputy with a planned allocation through the Dormant Accounts Fund of approximately €125,000 per annum. Local Garda management are currently working with the service provider with a view to having the project up and running by October. The project will employ two youth justice workers to engage young people in the area who have come in to contact with the local Juvenile Liaison Officer because of their offending behaviour. The project will operate in line with the existing "Operational Requirements" for GYDPs (available on the IYJS website). The resource will also form part of the new Garda Youth Diversion delivery model currently being developed in Cork City Garda Division by local Garda management and the service provider in the area with support from the National Garda Youth Diversion Office and Community Programmes Unit, IYJS.

Immigration Status

Ceisteanna (120)

Bernard Durkan

Ceist:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; if all the documentation requested has been received in the relevant section of her Department; and if she will make a statement on the matter. [22866/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Naturalisation Immigration Service (INIS) of my Department that the parents of the person concerned were granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The person concerned was granted permission to remain in the State for one year on a stamp 4 basis until 23 January, 2015 and this permission to remain in the State has now expired. To date, the person referred to by the Deputy has not applied for renewal of this permission. It is open to the person concerned to apply to have the permission to remain further renewed. Any such application must be made in writing and should be addressed to the Residence Division 4, INIS, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (121)

Bernard Durkan

Ceist:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status, including eligibility for naturalisation, in the case of a person (details supplied) in Dublin 24; if eligibility for stamp 4 update has been clarified and improved; and if she will make a statement on the matter. [22868/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 28 July, 2015. The application is at an advanced stage of processing and will be submitted to me for decision in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (122)

Bernard Durkan

Ceist:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Kerry; if all the documentation requested by the relevant section in her Department has been furnished in respect of the person and the person's family; and if she will make a statement on the matter. [22869/15]

Amharc ar fhreagra

Freagraí scríofa

If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.

Applicants or their legal representatives are advised to contact the relevant office of my Department dealing with any such applications in relation to any queries concerning the application.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

Naturalisation Certificates

Ceisteanna (123)

Bernard Durkan

Ceist:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining residency status in the case of a person (details supplied) in County Carlow; if all of the documentation requested from the applicant has been submitted in respect of the person's naturalisation application; and if she will make a statement on the matter. [22871/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 23 July 2015. The application is at an advanced stage of processing and will be submitted to me for decision in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Garda Investigations

Ceisteanna (124, 125)

Michael McGrath

Ceist:

124. Deputy Michael McGrath asked the Minister for Justice and Equality the progress of investigations by An Garda Síochána into the 16 complaints involving the National Asset Management Agency which she confirmed were taking place in 2014; the number of investigations that have been finalised and the outcome in each case; and if she will make a statement on the matter. [22872/15]

Amharc ar fhreagra

Michael McGrath

Ceist:

125. Deputy Michael McGrath asked the Minister for Justice and Equality if any additional complaints to An Garda Síochána have been made involving the National Asset Management Agency, separate to the 16 complaints she confirmed in 2014; and if she will make a statement on the matter. [22873/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 124 and 125 together.

The Deputy will appreciate that as Minister for Justice and Equality I have no direct role in the conduct of criminal investigations by An Garda Síochána. However, I am informed by the Garda authorities that the current position regarding the 16 investigations referred to is that four have been closed, one has been referred to the Director of Public Prosecutions and eleven remain under active investigation. The Deputy will appreciate that it would not be appropriate for me to comment further on the conduct of these investigations.

I am further informed that no additional complaints involving the National Asset Management Agency, separate to the 16 complaints referred to, have been brought to the attention of An Garda Síochána.

Immigration Status

Ceisteanna (126)

Bernard Durkan

Ceist:

126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining eligibility for naturalisation and long-term residency in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22892/15]

Amharc ar fhreagra

Freagraí scríofa

The question of naturalisation/long term residency does not arise at this time in the case of the persons whose details were supplied. If the persons concerned have made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.

Protection applicants are issued with a temporary residence permission pending a final decision on their application.

In the event that an applicant is finally determined not to be in need of Protection then consideration is given as to whether the person should be given leave to remain in the State on humanitarian grounds.

Naturalisation Certificates

Ceisteanna (127)

Bernard Durkan

Ceist:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency and eligibility for naturalisation in the case of a person (details supplied) in County Louth; and if she will make a statement on the matter. [22893/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation has been received from the person referred to by the Deputy.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the solicitor of the person concerned on 22 January 2015 requesting certain information. A further request for information was issued to his solicitor on 10th June 2015. Upon receipt of the requested information the application will be finalised and submitted to me for decision in due course.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (128)

Bernard Durkan

Ceist:

128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to authorising stamp 4 status in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [22895/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November 2015. This decision was conveyed in writing to the person concerned by letter dated 4th November, 2013.

The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned, as well as the cases of all family members involved, under Section 3 of the Immigration Act 1999 (as amended). This decision would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Ceisteanna (129)

Bernard Durkan

Ceist:

129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures yet to be followed to regularise the positions of the three dependent children of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [22903/15]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first and second named dependants were granted permission to remain in the State in August, 2007 for an initial three year period, valid to 14th August, 2010. This permission to remain was renewed for a further three year period in August, 2010, valid to 14th August, 2013. These renewal decision letters were dated 4th August, 2010.

The renewal decision letters referred to advised the persons concerned of the requirement that they apply for further renewal of their permission to remain one month before their existing permission expired. Given that there is still no record of any such renewal applications having been lodged to date, it is recommended that the persons concerned would proceed to do so without further delay.

The onus is on the persons concerned to apply for the renewal of their respective permissions to remain. Such renewal applications must be made in the first instance in order for them to be considered by the immigration authorities.

INIS has no record of the third named dependant of the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Adoption Records Provision

Ceisteanna (130, 137)

Billy Kelleher

Ceist:

130. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs when he will address the right for adopted citizens to gain access to their biological files for medical reasons; and if he will make a statement on the matter. [22702/15]

Amharc ar fhreagra

Anne Ferris

Ceist:

137. Deputy Anne Ferris asked the Minister for Children and Youth Affairs if he will provide an update on the likely dates and content of legislation to facilitate the provision of identifying information and other personal information to parties to adoptions; and if he will make a statement on the matter. [22822/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 130 and 137 together.

The Minister for Children and Youth Affairs is developing legislation that will provide for a structured and regulated way of providing access to information and tracing for those affected by adoption. The Bill will provide for statutory access to adoption records for adopted persons and birth parents, and others.

The Minister proposes as progressive an approach as possible within the legal and operational complexities which arise in giving effect to this objective. The overall policy objective, in bringing forward proposed legislation on adoption information and tracing, has always been to provide access to as much information as possible to those affected by adoption. Draft legislation in this regard is being developed and it is the Minister's intention to bring this to Government as soon as possible with a view to presenting it to the Oireachtas Committee on Health and Children for pre legislative consideration.

Prison Staff

Ceisteanna (131)

Brendan Ryan

Ceist:

131. Deputy Brendan Ryan asked the Minister for Children and Youth Affairs his plans for recruitment in the Oberstown Juvenile Detention Centre in north County Dublin; and if he will make a statement on the matter. [22785/15]

Amharc ar fhreagra

Freagraí scríofa

A campaign is ongoing to recruit over 60 new care staff for the operation of the expanded Oberstown campus and 38 staff have been recruited to date. The campaigns have consisted of 3 phases to recruit the necessary number of Residential Social Care Workers to operate the new facilities. One of these phases has been completed and 2 of these are currently ongoing. A further campaign to recruit Night Supervisor Officers was successfully completed in 2014 as was an internal recruitment campaign to promote existing staff to Unit Managers and a Grade VII. A Clinical Nurse has also been recruited in the past 6 months. A further internal campaign open to Night Service Officers to be promoted to Residential Care Workers is also ongoing. A campaign to recruit additional General Operatives/Domestic staff, a HR Manager and Unit Managers is also ongoing.

Any future recruitment to the Oberstown Campus will depend on the yield from the current ongoing campaigns. The transfer of full responsibility for 17 year old males to the Oberstown campus, including 17 year old boys who are serving a sentence, is dependent on the completion of the new facilities, the enactment of the Children (Amendment) Bill 2015 and recruitment of the requisite numbers of staff to operate the facility.

Domestic Violence Refuges Provision

Ceisteanna (132)

Catherine Murphy

Ceist:

132. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if he is aware of the present inadequate situation at Teach Tearmainn Women's Refuge in Newbridge in County Kildare; that two apartments are furnished and ready to be made available, but cannot be, due to staff funding shortfalls; that Teach Tearmainn is the only such refuge in County Kildare, the fourth most populous county in the State; and if he will make a statement on the matter. [22861/15]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency, works in partnership with Teach Tearmainn to provide a range of services to women experiencing domestic violence and abuse in Kildare.

Teach Tearmainn's Women and Children's Refuge comprises 4 apartments and provides a place of safety and support to women and children who require it. Two of the apartments are now in operation and their running costs are provided for by Tusla.

Tusla is providing funding of €254,000 to Teach Tearmainn in 2015 and this funding has been maintained at the same level as funding in 2014. A grant of €80K that was originally diverted from other Tusla resources in 2014 has been included as core funding for the service in 2015. There was no budgetary provision for Teach Tearmainn refuge costs prior to establishment of Tusla, in 2014.

The work of Teach Tearmainn in responding to and supporting victims of domestic violence is recognised and valued.

Tusla's focus has been on maintaining and supporting the provision of frontline services to victims of domestic violence and sexual violence. There is for the first time a consolidated national budget for domestic and sexual violence services and an opportunity for more co-ordinated and equitable provision of these services across the country.

Future planning for Domestic Violence and Sexual Violence services will seek to address gaps, avoid duplication and support effective delivery of frontline services nationally. Further developments in domestic violence services in Co. Kildare will be considered as part of Tusla's overall commissioning processes.

Child Care Qualifications

Ceisteanna (133)

Michael McCarthy

Ceist:

133. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs the steps taken to support the professionalisation of child care, which would be of benefit to both child care service users and persons working in the sector; if he will support efforts for increased capitation and continuous professional development in the sector; and if he will make a statement on the matter. [22712/15]

Amharc ar fhreagra

Freagraí scríofa

The Early Years Quality Agenda, which is a key priority for my Department, brings together a range of measures designed to support providers in the challenge of continually improving the quality and standards of early years services throughout the country. Among these measures are initiatives to improve the qualifications of, and provide training opportunities to, early years professionals.

New qualification requirements for staff working directly with children in early years settings are planned. All staff will be required to have a minimum Level 5 qualification on the National Qualifications Framework in early years care and education, or an equivalent qualification. In addition, pre-school leaders delivering the free pre-school year, who are currently required to hold a Level 5 qualification, will be required to have a minimum Level 6 qualification, or equivalent to qualify for ECCE. To support staff to meet these new qualification requirements, my Department established the Learner Fund which allocated €3 million to almost 3,000 staff for the purpose of upskilling. Further, my Department provides some €16 million annually to City and County Childcare Committees, the National Voluntary Childcare Organisations and the Early Years Specialist Service towards the valuable work of these bodies who support early years' services and professionals around the country, through training, mentoring, continuing professional development programmes, networking and cluster-type support groups.

The Inter-Departmental Group on Future Investment in Early Years and After-School Care and Education will be considering further steps to be taken to support the professional development of the sector. It will also consider options to enhance affordability, options to increase the accessibility of provision and options to build the quality of provision and support the sustainability of the early years sector. It is likely that increased capitation rates will be considered in this context. The Group is expected to submit a series of recommendations to Government in June 2015.

Preschool Services

Ceisteanna (134)

Michael McCarthy

Ceist:

134. Deputy Michael McCarthy asked the Minister for Children and Youth Affairs his views on the adequacy of the capitation grant for the providers of the free preschool year; and his further views on whether the current capitation grant to preschools is adequate for these providers to pay their care staff a professional wage. [22713/15]

Amharc ar fhreagra

Freagraí scríofa

The Early Childhood Care and Education Programme provides a free pre-school year to all eligible children, in the age range 3 years and 2 months to 4 years and 7 months, before they commence primary school. This Programme, which has an annual cost of €170 million, benefits in the region of 67,000 children every year.

To deliver the free pre-school year, a standard capitation fee of €62.50 per week per eligible child is paid to participating early years services. A higher capitation fee of €73 per week is paid per eligible child to services with more highly qualified staff. These capitation payments are paid to services in advance of, and during, each school term.

Despite the downturn and the difficult budgetary situation, and the need to reduce capitation payments in 2012, the Government did maintain the pre-school year on a universal and free basis and, importantly, the number of early years services participating in the Programme, at approximately 4,200, remained consistent. The funding provided under the Early Childhood Care and Education Programme to these services was a guaranteed source of income at that time and ensured that early years services were able to continue to deliver services at a time when the demand for childcare had fallen considerably.

One of the issues to be considered by the Inter-Departmental Group on Future Investment in Early Years and After-School Care and Education will be capitation rates and funding options overall for this area. It will consider options to enhance affordability, options to increase the accessibility of provision and options to build the quality of provision and support the sustainability of the early years sector. The Group is expected to submit a series of recommendations to Government in June 2015.

Rights of the Child

Ceisteanna (135)

Joan Collins

Ceist:

135. Deputy Joan Collins asked the Minister for Children and Youth Affairs if Ireland has ratified the second optional protocol on the sale of children, child prostitution and child pornography of the United Nations Convention on the Rights of the Child; if not, when the Government plans to do so; and if he will make a statement on the matter. [22818/15]

Amharc ar fhreagra

Freagraí scríofa

My Department has a co-ordinating role in relation to the United Nations Convention on the Rights of the Child and its protocols.

Considerable aspects of compliance with the requirements of the Second Optional Protocol have been addressed under the provisions of the Child Trafficking and Pornography Act 1998 and the Criminal Law (Human Trafficking) Act 2008.

A further element of preparation for compliance with requirements that will flow from ratification of the Protocol concerns the development of criminal law in the area of sexual offences. In that connection, the Minister for Justice and Equality has published the General Scheme of a new Criminal Law (Sexual Offences) Bill 2014.

I am in correspondence with a number of Cabinet colleagues regarding readiness to fully comply with obligations that would arise in their respective areas of responsibility from the ratification of the Protocol. I anticipate receiving the necessary up-to-date information at an early date, at which time I will be in a position to assess our state of preparedness to ratify the Protocol.

Mother and Baby Homes Inquiries

Ceisteanna (136)

Anne Ferris

Ceist:

136. Deputy Anne Ferris asked the Minister for Children and Youth Affairs if he will provide an update on the commission of investigation into mother and baby homes, including the dates and details for the public consultation phase described by him during debates on the publication of the terms of reference for the work of the commission; and if he will make a statement on the matter. [22821/15]

Amharc ar fhreagra

Freagraí scríofa

The Commission of Investigation into Mother and Baby Homes and certain related matters was formally established by Government Order on the 17th February 2015.

In accordance with its comprehensive Terms of Reference, the Commission is tasked with thoroughly examining the experience of vulnerable mothers and children resident in Mother and Baby Homes during the period 1922-1998. I can advise the Deputy that the Commission has begun this important work. The Government Order and a number of related explanatory documents are available on my Department's website (www.dcya.gov.ie).

The Government specifically provided for a confidential committee as a forum intended to facilitate any individual who wishes to describe their experiences of living or working in relevant homes to the Commission. I know many former residents have welcomed this opportunity. This module, which is scheduled to be completed by August 2016, will allow the Commission to ground its work in the reality of the experience of mothers and children in these institutions. It is essential to reiterate that the Commission is completely independent in the conduct of its investigations. Therefore the precise timing and approach to the Confidential Committee module is a matter for the Commission to decide and progress. I have no role in these decisions.

The Deputy may also wish to note that the Commission recently launched its own website www.mbhcoi.ie. As indicated on the website, the Commission would like to hear directly from persons with information about matters within its terms of reference. I am also aware that the Commission intends to conduct a national advertising campaign to notify members of the public who may wish to engage with its investigations.

Persons wishing to contact the Commission may do so by writing directly to: Commission of Investigation into Mother and Baby Homes, 73 Lower Baggot Street, Dublin 2, email info@mbhcoi.ie or by using the confidential freephone number 1800 806688.

Question No. 137 answered with Question No. 130.

Preschool Services

Ceisteanna (138)

Shane Ross

Ceist:

138. Deputy Shane Ross asked the Minister for Children and Youth Affairs the current yearly costs of the programme of early childhood care and education, also known as the free preschool year; the projected costs for its expansion into a second year; if, in view of these plans, he will consider investing in primary schools with a view to delivering the preschool year in that setting; and if he will make a statement on the matter. [22828/15]

Amharc ar fhreagra

Freagraí scríofa

The Early Childhood Care and Education programme was introduced in January 2010 and provides a free pre-school year to all eligible children before commencing primary school.

Despite the challenging budgetary situation, I have succeeded in maintaining the pre-school year as a universal and free programme, ensuring that a significant number of children can avail of quality pre-school services who would not otherwise be in a position to do so.

There is an increasing body of Irish and International evidence which quantify the benefits of early years interventions in terms of improving children's outcomes and in delivering significant economic and societal return to the State. In this context, I believe the introduction of a second year would benefit children's educational and developmental outcomes.

The introduction of a second pre-school year however, would require considerable additional funding, broadly in line with the cost of the current one-year provision, which is €175 million per annum. This additional funding is not presently available due to the financial constraints under which the Government is operating.

It is likely that the introduction of a second pre-school year will be one of a number of options that will be considered by the Inter-Departmental Group on Future Investment in Early Years and After-School Care and Education, which I established in February this year. This Inter-Departmental Group, which includes representation from right across Government, including the Department of Education and Skills, is tasked with setting out a range of options for current and future investment, will consider options to enhance affordability, options to increase the accessibility of provision and options to build the quality of provision and support the sustainability of the early years sector. The Group is expected to submit a series of recommendations to Government in June 2015.

Child Protection Services Provision

Ceisteanna (139)

Fergus O'Dowd

Ceist:

139. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs the details of the concerns of the head of Tusla, the Child and Family Agency, (details supplied) as expressed in The Irish Times on 8 June 2015, regarding Louth-Meath child protection services; the action that is necessary to ensure a rapid improvement in these services; the way this situation has arisen and the concerns he has; and if he will make a statement on the matter. [22830/15]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency has been implementing a national quality assurance strategy and the findings of this process to date is that, generally, there are good systems in place for managing and monitoring cases. Improvements were needed in the refinement and consistent application of some processes and definitions, particularly with respect to the appropriate diversion of cases to a local area pathway or for a case to be formally closed. Local area pathways involve working with parents to provide support focussed on protective factors for children, and family support to avail of universal services. I understand that the findings from the ongoing quality assurance work will be used to inform future business planning with my Department. In the Louth/Meath administrative area, Tusla has indicated that key aspects of the service were not at an acceptable standard. Currently, measures, led by the Chief Operations Officer, are being taken to address this. This involves a comprehensive action plan and the reinforcing of the management structures in line with the service delivery model.

I have asked Tusla management to provide me with an update on progress at our next meeting.

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