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Gnáthamharc

Tuesday, 7 Jul 2015

Written Answers Nos. 271-93

Garda Data

Ceisteanna (271)

Bernard Durkan

Ceist:

271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the total number of gardaí available for duty throughout each Garda Síochána division and district in County Kildare continues to be adequate to meet the demand, with particular reference to particular locations of increased criminal activity; and if she will make a statement on the matter. [27622/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division by District and station as of the 31 May 2015, the latest date for which figures are readily available, are as set out in the following table. The Kildare Garda Division also has 39 Garda Reserves and 28 Civilians attached to the Division.

Division

District

Station

Garda

Sgt

Insp

Supt

Chief

Supt

Asst

Comm

Total

KILDARE

KILDARE

ATHY

26

4

1

31

CASTLEDERMOT

3

3

KILDARE

20

8

1

1

30

MONASTEREVIN

3

1

4

NEWBRIDGE

40

5

45

RATHANGAN

3

3

Total

95

18

2

1

116

LEIXLIP

CARBURY

6

1

7

CELBRIDGE

11

1

12

KILCOCK

8

1

9

LEIXLIP

28

4

1

1

34

MAYNOOTH

11

1

12

Total

64

8

1

1

74

NAAS

CLANE

6

1

7

KILCULLEN

3

1

4

NAAS

83

14

2

1

1

101

ROBERTSTOWN

2

2

Total

94

16

2

1

1

114

KILDARE Total

253

42

5

3

1

0

304

Question No. 272 answered with Question No. 270.

Legal Aid

Ceisteanna (273)

Bernard Durkan

Ceist:

273. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which free legal aid remains available in respect of criminal cases to those who have re-offended while on bail; and if she will make a statement on the matter. [27624/15]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. These are the criteria for access to legal aid under the Act and there is no limit placed on the number of times that a person can apply for legal aid. I have no function in relation to individual judicial decisions regarding the granting of legal aid.

The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation, there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.

Missing Persons

Ceisteanna (274)

Bernard Durkan

Ceist:

274. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources remain available to a dedicated section within An Garda Síochána in respect of missing persons; the total number of persons reported missing in the past four years to date; the numbers still outstanding; the numbers deemed to have been found; and if she will make a statement on the matter. [27625/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of personnel and resources within An Garda Síochána. Garda management keep this deployment under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I am informed by the Garda authorities that all incidents where persons have been reported missing remain under investigation until such times as the person is located. District Officers in the area where persons have gone missing take direct responsibility for all investigations/searches carried out. Local investigation teams are appointed by the District Officer and all means necessary, including the services of specialist units, are deployed to assist in these investigation, when considered appropriate.

The Missing Persons Bureau is responsible for all data relating to missing persons and provides expert assistance and advice to District Officers in all high risk missing person cases. Incidents relating to persons reported missing are subject of review, on a regular basis, by the Missing Persons Bureau.

I am informed by the Garda authorities that the table below provides the total number of persons reported missing and the total number of persons who remain missing in each year from 2011 to 2015 to date. As is evident from the figures, most persons are located in a relatively short period of time. It should be noted that the statistics provided are operational, provisional and subject to change.

Year

Number of Missing Person Reports

Number of Persons Still Missing

2015*

5,088

73

2014

9,179

19

2013

7,753

12

2012

8,815

18

2011

8,511

23

*1/1/2015 to 6/7/2015

Crime Investigation

Ceisteanna (275)

Bernard Durkan

Ceist:

275. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which resources remain available to her Department for the pursuit of so-called cold cases; and if she will make a statement on the matter. [27626/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.

The Garda authorities advise that the SCRT assists Senior Investigating Officers assigned to the case in question in bringing investigations to a successful conclusion by identifying further investigative opportunities and ensuring that investigations conform to approved best practice guidelines.

At the conclusion of each review by the SCRT a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.

Legal Aid

Ceisteanna (276)

Bernard Durkan

Ceist:

276. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it is intended to improve the efficiency of the legal aid system; and if she will make a statement on the matter. [27627/15]

Amharc ar fhreagra

Freagraí scríofa

At present, management of the legal aid system is split between a number of bodies, as set out below. Considerable rationalisation has already taken place since the Government assumed office and work is underway to further rationalise the existing structures in order to provide for additional efficiencies and synergies. In particular, the efficiencies involved relate to centralising the management and oversight of legal aid under the auspices of the Legal Aid Board. This will bring greater rigour to the current system and ensure accrual of greater expertise in the management and delivery of legal aid, the ability to deploy resources in a more flexible fashion across the legal aid sector and central oversight of legal aid budgets and practices.

As the Deputy knows, the provision of legal aid broadly falls into two separate categories, i.e. criminal legal aid and civil legal aid. The provision of civil legal aid in the State is already delivered through the Legal Aid Board. Criminal legal aid is granted by the Courts, through the Judiciary.

The Mental Health Commission also provides legal aid in connection with Mental Health Tribunals and the Mental Health (Criminal Law) Review Board provides legal aid with in connection with reviews by itself of court orders to commit persons to the Central Mental Hospital (those found not guilty by reason of insanity).

In terms of efficiencies, the Government agreed in late 2010 that responsibility for the management and administration of the main criminal legal aid and various ad-hoc schemes would be transferred to the Legal Aid Board. To date, responsibility for the administration of the following ad-hoc schemes have been transferred to the Board:

- Garda Station Advice Scheme - 1st October 2011

- Custody Issues Scheme (formerly Attorney General’s Scheme) – 1st January 2013

- Criminal Assets Bureau Legal Aid Scheme – 1st January 2014

The Government also plans to transfer the responsibility for legal aid at Mental Health Tribunals to the Legal Aid Board subject to the necessary legislative amendments to the Mental Health Act 2001 and the Civil Legal Aid Act 1995.

In the case of civil legal aid the Legal Aid Board continues to strive to achieve the most efficient use of its resources through the management of its Law Centre network and the use of panels of Private Practitioners. Steps taken include a start-to-end case management system in its law centres, the introduction of a ‘triage’ approach in all law centres to ensure early legal advice is available, piloting the use of private solicitors in additional areas of work, piloting mandatory information sessions about mediation where there is a dependent child, and restructuring its management/support function. The numbers waiting for services from the Board have dropped from just over 5,000 on the 1st January 2014 to just under 2,900 on the 1st July last. It should be noted that despite financial pressures, my Department's financial allocation to the Legal Aid Board has not been cut over recent years.

With regard to the provision of criminal legal aid, I wish to advise the Deputy that I consider that the Criminal Legal Aid system operates reasonably efficiently within its current legislation in terms of the absence of a waiting period associated with the granting of criminal legal aid to persons charged before the courts. The Deputy will be aware that under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the Judiciary, are responsible for the granting of legal aid upon the applicant's appearance in Court. However, a new Criminal Justice (Legal Aid) Bill is currently being drafted which will update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. It is anticipated that the legislation will be enacted in 2016.

Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse. Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions must have regard to a person's rights to the presumption of innocence, to a fair trial and to be given legal aid where appropriate.

Overall, this Government has made significant strides in rationalising and improving the efficiency of the legal aid system but this is an ongoing project with additional steps, as set out above, to be taken over the coming number of months.

Question No. 277 answered with Question No. 270.

Mother and Baby Homes Inquiries

Ceisteanna (278)

Joe Costello

Ceist:

278. Deputy Joe Costello asked the Minister for Children and Youth Affairs the progress that has been made on identifying the burial place of the Tuam babies; and if he will make a statement on the matter. [27243/15]

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.

The Commission is specifically tasked with investigating post-mortem practices and procedures including the burial arrangements for all mothers and children who died while resident in these homes and the Bon Secours Home in Tuam is, of course, included in the Commission's Terms of Reference. The Government Order and a number of related explanatory documents are available on my Department’s website (www.dcya.gov.ie).

The Commission has begun this very important work and is required to submit a final report within 36 months of its establishment. However, it is essential to recognise that the Commission is completely independent in the conduct of its investigations. Therefore the precise timing and approach to its investigations are matters for the Commission to independently decide and progress. I have no further information in relation to the ongoing investigation.

As the Deputy may be aware the Commission recently launched a nationwide advertising campaign inviting persons with relevant information to contact the Commission. Persons wishing to contact the Commission may do so by writing to: Commission of Investigation into Mother and Baby Homes, 73 Lower Baggot Street, Dublin 2, email info@mbhcoi.ie or by freephone on 1800 80 66 88.

Child Protection

Ceisteanna (279)

Clare Daly

Ceist:

279. Deputy Clare Daly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 629 of 9 June 2015, in which he states that he forwarded the information provided by this Deputy to Tusla - the Child and Family Agency for immediate attention, the reason that organisation has not responded to date in relation to this matter. [27345/15]

Amharc ar fhreagra

Freagraí scríofa

The information provided by the Deputy was forwarded to Tusla, the Child and Family Agency, as soon as it was received. I understand that officials from my Department are following up on the request to Tusla for a short report on the matter, and I will be in touch when this is to hand.

Mother and Baby Homes Inquiries

Ceisteanna (280)

Clare Daly

Ceist:

280. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason the interdepartmental report cited just 25 deaths for Bessborough, when a Health Service Executive report, prepared in 2012, gave a total figure of 478 deaths between 1934 and 1953, taken from Bessborough's own death register. [27424/15]

Amharc ar fhreagra

Freagraí scríofa

The figure of 25 deaths contained in the report of the Inter-Departmental Group on Mother and Baby Homes is taken from a table based on the 1934-35 Annual Report of the Department of Local Government and Public Health which, as its title suggests, is a report on a single year and covered the entire country. This table was originally published in 2007 in Maternity and Child Welfare in Dublin 1922-1960 by Lindsey Earner Byrnes and was reproduced in the report of the Inter Departmental Group in 2014 to help to illustrate mortality rates in various Mother and Baby Homes compared with mortality among the general population at that time.

As I have previously outlined, the 2012 draft report and the data it contains, was prepared by the Health Service Executive (HSE) based on records from the former Bessborough mother and baby home as part of its response to the Committee to establish the facts of State involvement with the Magdalen Laundries. This process, which was independently chaired by Martin McAleese, was conducted under the auspices of the Department of Justice and Equality.

In the course of this work the HSE provided the draft report to the Committee secretariat and to the Department of Health and the Department of Children and Youth Affairs. The draft report acknowledged that its conclusions remained a matter of conjecture until such time as a more forensic examination of the home’s records could be undertaken by the HSE.

As the issues raised in the draft report regarding death rates in Bessborough were outside the direct remit of the McAleese Committee, the HSE advised that these and other concerns would be examined separately by the HSE. At that time my Department advised the HSE that any validated findings of concern from this separate process should be appropriately communicated by the HSE. My Department is not aware of any subsequent report on this matter by the HSE.

The Government has now established a statutory Commission of Investigation to provide a full account, in a timely manner, of what happened to vulnerable women and children in Mother and Baby Homes. Bessborough Mother and Baby Home is included in this investigation. I am confident that the Commission’s extensive remit will facilitate a full and transparent inquiry into all related matters and its reports will be published. An investigation of the rates of mortality, and related concerns, are central to the Commission's Terms of Reference (S.I. No. 57 of 2015). The process of assembling and investigating all relevant records now forms a significant part of the Commission’s work.

Early Childhood Care Education

Ceisteanna (281)

Helen McEntee

Ceist:

281. Deputy Helen McEntee asked the Minister for Children and Youth Affairs if he will provide an update on the working of the interdepartmental group which is working on future investment in early years and school-age care and education services; and if he will make a statement on the matter. [27518/15]

Amharc ar fhreagra

Freagraí scríofa

My Department currently provides approximately €260 million annually to early years and school-age care and education services. This funding is largely directed towards a number of childcare programmes, which aim to improve the accessibility, affordability and quality of early years and school-age care and education. These programmes support the provision of early years and school-age care and education for more than 100,000 children each year.

To ensure that all the benefits of this (and future) investment are fully realised, it must be evidence-based and strategically coordinated. It is critically important that any investment is designed to achieve the best outcomes for children and their parents. Accordingly, earlier this year, I established an Inter-Departmental Group to develop a coherent whole-of-Government approach to investment in early years and school-age care and education. Membership of the Group includes representation from right across Government, including the Departments of Education and Skills, Jobs and Innovation, Justice and Equality, Social Protection and as well as the Departments of Public Expenditure and Reform, Finance and an Taoiseach.

The work of the Group is being informed by research and evidence of best practice and by existing policy commitments, including those set out in Better Outcomes, Brighter Futures, the National Policy Framework for Children and Young People.

To inform its work, the Group has solicited the views of key stakeholders, interested parties and the general public through a number of consultative processes, including an Open Policy Debate on Future Investment in Early Years and School-Age Care and Education Services, which was hosted by the Department of Children and Youth Affairs on 31st March 2015 and attended by some 40 invited representatives including parents, providers, academics, childcare committees, and NGOs.

It has also held a series of bilateral discussions with relevant Government Departments, including the Departments of Arts, Heritage and the Gaeltacht, Education and Skills, Finance, Jobs and Innovation, Justice and Equality, Public Expenditure and Reform and Social Protection.

Two separate online consultation processes - one with the early years sector and one with parents and guardians have also taken place and the approximately 400 submissions received from the early years sector and almost 1,000 submissions received from parents and guardians are currently being analysed.

The Inter-Departmental Group will submit its report to Government shortly.

HIQA Reports

Ceisteanna (282)

Gerry Adams

Ceist:

282. Deputy Gerry Adams asked the Minister for Children and Youth Affairs further to Parliamentary Questions Nos. 482 to 505 of 16 June 2015, and further to discussing the Health Information and Quality Authority report on child services in the Louth and Meath child protection services on 30 June 2015, if he will provide replies to these parliamentary questions; and if he will make a statement on the matter. [27525/15]

Amharc ar fhreagra

Freagraí scríofa

I understand that Tusla, the Child and Family Agency, has compiled responses to parliamentary question numbers 482 to 505 of 16 June 2015 put by the Deputy and that these have been issued by my office to the Deputy.

HIQA Reports

Ceisteanna (283, 284, 285, 286, 287)

Gerry Adams

Ceist:

283. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the measures that have been taken following the Health Information and Quality Authority report on child services in counties Louth and Meath which identified significant risks and required actions; and if he will make a statement on the matter. [27526/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

284. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the measures that have been taken at national level to address staffing and resource issues identified in counties Louth and Meath, further to the Health Information and Quality Authority report on child services in counties Louth and Meath; the engagements that have taken place between Tusla - the Child and Family Agency and the Department of Health; and if he will provide the details around the proposed submission on these matters. [27527/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

285. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if he will elaborate on the way Tusla - the Child and Family Agency has taken direct ownership of action to improve the standards of service delivery, further to the Health Information and Quality Authority report on child services in counties Louth and Meath; the stage these actions are at; and if he will make a statement on the matter. [27528/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

286. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if he will provide details of the special programme of improvement led directly by the chief operations officer (details supplied), further to the Health Information and Quality Authority report on child services in counties Louth and Meath; and the actions that have been undertaken to date. [27529/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

287. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if he will provide details of the project social work team in place, to deal with the backlog, as part of the special programme of improvement, further to the Health Information and Quality Authority report on child services in counties Louth and Meath; the additional resources that have been made available; and the timeframe for completion of this programme. [27530/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 283 to 287, inclusive, together.

The inspection report by the Health Information and Quality Authority (HIQA) on the child and welfare services in Louth Meath describes serious concerns regarding the standard of services being provided to children and families in the area. I can assure the Deputy that all significant risks were addressed immediately. In particular, steps were taken to address the information systems being used to formally document cases, and to improve record keeping and the updating or validating of data. HIQA was satisfied with the action plan to address the significant risks that were identified. In fact, most of the actions needed to address HIQA’s immediate concerns were completed prior to the publication of the report. Over half of all actions in the HIQA action plan have been achieved, with the remaining actions on track to be completed within the indicated timescales.

Issues were highlighted around resources and staffing in Louth Meath. This is being addressed at national level as a matter of urgency. Tusla has been preparing a national review of cases waiting allocation of a social worker. I expect that this will be submitted to me shortly and this will inform the overall approach by Tusla for the budget and deployment of social work staff. Overall, Tusla employed 3446.55 people (whole-time equivalents) at end of May 2015. Of these, 1408.31, or 41% of the workforce, were social workers. The number of social workers employed by Tusla has increased by 12 since the start of 2015 and by 40.68 since the agency's inception in January 2014. At end of May, 128 social workers were under active recruitment to Tusla. It is important to recall that in addition to frontline child welfare and protection services, social workers are required to fulfil other Tusla functions, such as the recruitment and assessment of foster families. Officials from my Department have already been engaging with Tusla on resources for the remainder of 2015 and into 2016. A submission on staffing and other resource issues is to be made in the near future. Tusla has indicated that it is currently looking at ways to improve the rate at which staff can be recruited.

The Chief Operations Officer has assumed direct management oversight of the special programme for improvement and has been overseeing the implementation of the comprehensive action plan which has been agreed with HIQA. The COO is project owner of the implementation steering group. In addition to the HIQA action plan, further steps were identified by Tusla and are well underway. An experienced short term social work team was put in place to assess the backlog of cases. This has involved a significant number of cases being closed, being referred to other appropriate services, and the remaining cases were prioritised to be allocated a social worker. The supports for the intervention in Louth Meath are currently being resourced with a Team Leader and a number of social workers. As of 24 June, Tusla has reported that this action is also complete. Specific training provision is on track and includes training on thresholds, assessment guidance and the Child Protection Notification System. Actions for the implementation of supervision policy and the oversight of audits as part of the monthly review process are complete. Overall 9 out of 17 actions identified by Tusla were completed by 24 June, with a further 6 actions on track for completion over the course of the summer. Only 2 of the actions have revised timelines since the implementation plan was put in place, one relating to a business case to expand the provision of local prevention partnership & family supports (PPFS) and one about an approach to quality assurance audits. Both of these are expected to be completed before the end of the summer.

It is worth noting that the inspection findings were not all about deficits. It was found that many children have benefitted from the service and that there was evidence of good practice and excellent inter-agency collaboration in Louth Meath. Good practice with children and families was observed by inspectors. Reforms on how the service provided by Tusla is organised nationally are taking effect. I am committed to seeing the reforms underpin a service that delivers a consistent, responsive and safe child welfare and protection service for the children and families of Louth Meath and the country.

Child Detention Centres

Ceisteanna (288)

Caoimhghín Ó Caoláin

Ceist:

288. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the position on the Oberstown campus transition; his views that the children there are adequately supported; that the staff there are adequately supported; if he will publish the McIlfatrick report; and if he will make a statement on the matter. [27540/15]

Amharc ar fhreagra

Freagraí scríofa

There is a commitment in the Programme for Government to end the practice of detaining children in adult prison facilities. A number of actions have been taken on foot of this commitment. These include the gradual transition of responsibility for older children to the Oberstown campus, the construction of the expanded detention facilities, the introduction of cross - campus procedures and staffing rosters, the introduction of a single campus management structure and the first recruitment programme for new care staff in many years. More broadly, these changes have taken place in parallel with the important agenda of public sector reform under the Croke Park and Haddington Road Agreements. As for other areas of the public service, this has created challenges. However, I am confident that as these challenges are overcome, there will be a secure foundation for the children detention service into the future. Working in concert with the Oberstown Board of Management, I am committed to the best possible support for both children in custody and the staff that deliver this important service.

In the case of children in custody, a number of initiatives have been put in place in recent years to build on the child focused model of detention in Oberstown. An advocacy service has been introduced under the aegis of the Empowering Children in Care organisation (EPIC) which is available to each child in detention. In addition, the Assessment, Consultation and Therapy Service (ACTS) has been introduced. This is a shared multi-disciplinary service with Tusla, the Child and Family Agency which allows for each child to be screened on admission for any therapeutic supports that may be required. A pilot project is also underway this year involving the provision of a dedicated package of pre and post release supports to a number of young people by the Youth Advocates Programme Ireland organisation (YAP). This is in addition to the normal support services provided via care worker staff and management and the education staff employed the Dublin and Dun Laoghaire Education and Training Board. Finally, a new education and training building is due to be opened for children for the September school year, which has been provided under the Oberstown capital development programme.

In the case of the staff on the Oberstown campus, new supports are being provided in the form of new physical detention buildings and the first recruitment programme on the Oberstown campus in many years, including expanded nursing cover for children. This programme has also included internal promotion opportunities for existing staff on the campus. I understand that in the past year, the Oberstown management has engaged staff in a new Health, Safety and Welfare Committee and a new Policy and Operations Consultative Committee. There is also extensive interaction between management and staff on the Oberstown campus on the secure operation of the facility, safeguarding practices for children and staff health, safety and welfare issues. I recognise that there are frequent industrial relations issues on the Oberstown Campus, which to a degree may be seen in the context of the large degree of organisational changes being experienced on that site at present. These issues are being pursued through normal industrial relations structures through negotiations which are taking place with staff representatives. If required there is also scope for recourse to third party conciliation and if required, adjudication by the Labour Court under the Haddington Road Agreement.

The report referred to by the Deputy was commissioned in 2013 and related to care issues and operational issues on the Oberstown campus. The report is the subject of a human resources process on the Oberstown campus. This process is ongoing and I am advised that no steps can be taken at this time which could be interpreted as prejudicial to this process.

I also note that the recent inspection of the Oberstown campus by HIQA has resulted in an agreed action plan being developed and implemented on the Oberstown campus. This will also ensure safe and secure custody and operation of the Oberstown facility for both children and staff, in line with best care practice. I wish to record my full support for the robust inspection framework that is in place under the Children Act 2001 and delivered by HIQA.

Child Care Services Regulation

Ceisteanna (289)

Sandra McLellan

Ceist:

289. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the steps and measures a citizen must take to become a child care service provider; and the requirements and Government policy for opening a child care facility in any given community. [27560/15]

Amharc ar fhreagra

Freagraí scríofa

The majority of childcare services in the country are commercial or community/not-for-profit services.

Anyone wishing to become a childcare provider must comply with all relevant childcare legislation and with Tusla requirements, and the planning requirements of the relevant local authority. The provision of pre-school childcare services are governed by the Child Care Act 1991 and the Child Care (Pre-School Services) (No 2) Regulations 2006. It is currently a requirement of the Regulations that a person proposing to carry on a pre-school service shall, at least 28 days before the commencement of the service, give notice in writing to the Child and Family Agency. Section 55 of the Child Care Act places a duty on the Agency to inspect services for which it receives notification.

Amendments have been made to the Child Care Act 1991 to underpin proposed reforms and Regulations giving effect to these legislative changes are expected to be published shortly. The new Regulations will impose qualification requirements of a minimum Level 5 award on the National Qualifications Framework (NFQ) in early childhood care and education for all staff working in early years services (no requirement currently exists). This requirement will apply from September 2015 in the case of new services, and from September 2016 in the case of existing services.

These new Regulations will also introduce a new registration system that will require anyone who wants to establish an early years service to register with the Child and Family Agency before they open. Premises will be inspected by the Early Years Inspectorate before registration is granted, and there will be on-going inspections once the service is operating and children are attending. These new Regulations will also be accompanied by new National Standards for Early Years Services, against which services will be inspected. A second and separate phase of inspection, which will monitor the child care related criteria, will be carried out after the service has become operational and children are attending.

Each year, my Department provides some €13 million to City and County Childcare Committees and National Voluntary Childcare Organisation. This funding supports the work of these bodies in supporting early years’ services around the country, through training, continuing professional development programmes, networking and cluster-type support groups. They are an invaluable source of information and support for those wishing to become a childcare provider.

Child Care Services Funding

Ceisteanna (290)

Sandra McLellan

Ceist:

290. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if he will provide a detailed breakdown of Government spend on child care; how this figure of 0.2% investment translates into exact figures; where and how it is being allocated currently; and if he will provide the same information for 2014. [27561/15]

Amharc ar fhreagra

Freagraí scríofa

Funding of more than a quarter of a billion euro is invested annually by my Department in early years services with the greater proportion of this funding going to support the childcare support programmes – the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme, and the Training and Employment Childcare (TEC) programmes. This funding, which is in addition to the direct support provided to all parents in the form of Child Benefit, supports more than 100,000 children each year. This high level of investment has been maintained despite the difficult budgetary situation that prevailed in recent years.

The figure of 0.2 per cent of GDP quoted by the Deputy only represents my Department's spend on the free pre-school year provided under the Early Childhood Care and Education programme, amounting to €175 million.

The funding provided by my Department on early years services in 2015 is allocated as follows:

- €175 million to support the Early Childhood Care and Education (ECCE) programme that provides a free pre-school year to almost 67,000 children each year.

- €45 million to support the Community Childcare Subvention (CCS) programme, which assists low income and disadvantaged families to access childcare services in community childcare facilities. More than 25,000 children benefit from this programme.

- €17 million to support the Childcare Education and Training Support (CETS) programme which provides childcare places to qualifying Solas or Education and Training Board (ETB) trainees or students for the duration of their courses.

- €6.5 million to support the Community Employment Childcare programme, which provides 2,000 childcare places for parents engaging in Community Employment programmes.

- €1.6 million to support the After-School Childcare (ASCC) programme that assists parents returning to employment with the cost of after-school childcare.

- €13 million has been provided to support the work of the City and County Childcare Committees and the National Voluntary Childcare Organisations who support the development of childcare services and offer a variety of support to childcare providers, parents and staff working in the childcare sector.

- €7 million has been made available under the Early Years Capital Programme 2015 with €5 million of this funding available for grants specifically for community/not-for-profit services. This funding will provide grants for significant upgrades of community childcare facilities and also for essential refurbishment and relocation to new premises.

Funding has also provided to support quality development and upskilling of the early years sector and to administer the various programmes.

National Carers Strategy

Ceisteanna (291)

Sandra McLellan

Ceist:

291. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if he is aware that there are currently approximately 4,000 minors under the age of 15 years acting as primary carers for their parents; and his plans to provide critical urgent supports to these children. [27562/15]

Amharc ar fhreagra

Freagraí scríofa

The National Carers' Strategy is led by the Department of Health and many Departments including the Department of Children and Youth Affairs have a role to play in its implementation. In September 2014 officials from my Department and the Child and Family Agency met with the National Carers' Association to discuss the role of the Department and the Agency in relation to the National Carers' Strategy.

The Child and Family Agency Act 2013 brings together a range of existing services for children and families to one agency. The Child and Family Agency is responsible for the former Family Support Agency, the National Educational Welfare Board and also for the functions of Child and Family services previously provided by the HSE. The Agency's functions include maintaining and developing services in order to support and promote the development, welfare and protection of children and to support effective functioning of families. In so doing the Agency will promote enhanced interagency cooperation to ensure that services are coordinated on the principle of the best interest of all children and their families.

The Educational Welfare Service (EWS) of the Child and Family Agency is developing national guidelines as a practical support for schools in the preparation of School Attendance Strategies as outlined in Section 22 of the Education (Welfare) Act, 2000. The guidelines will assist schools to implement effective measures to support children at risk of poor attendance and participation, including those with caring responsibilities. It is anticipated that the guidelines will be completed before the beginning of the 2015/16 academic year. The Agency is in the process of refining and implementing a new strategic approach to service delivery through the integrated working of its service strands.

In order to learn more about children that undertake caring roles, my Department requested the Central Statistics Office to help to identify the extent to which children have caring responsibilities. Under the National Strategy for Research and Data on Children’s Lives (2011-2016) analysis of figures in the 2011 Census will help to inform future policy as to how best to address the support needs of children and young people who undertake caring roles.

A National Youth Strategy is also being developed by my Department for all young people aged 10 to 24 years. It will have a particular focus on those who are most disadvantaged or at risk and who have the poorest outcomes and therefore in most need of support. I am pleased that representatives of the Carers' Association participated in the consultation process in the development of this strategy.

Child Detention Centres

Ceisteanna (292)

Sandra McLellan

Ceist:

292. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the number of boys and girls currently within the system in Oberstown boys school, in Oberstown girls school and in Trinity House school. [27563/15]

Amharc ar fhreagra

Freagraí scríofa

As of Friday 3 July 2015 the occupancy of the Oberstown campus, Lusk, Co Dublin was as follows.

There were 16 boys detained in Oberstown Boys School, comprising 4 boys on remand and 12 boys serving a sentence of detention.

There were 19 boys detained in Trinity House School, comprising 8 boys on remand and 11 boys serving a sentence of detention.

There were no girls detained in Oberstown Girls School.

Child Detention Centres

Ceisteanna (293)

Sandra McLellan

Ceist:

293. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs the number of minors on remand in Trinity House from the year 2000 to 2015. [27564/15]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is not readily available in the format requested. However, I can confirm that in 2014, a total of 33 boys were remanded in custody to Trinity House School. In 2013, the comparable figure was 30 boys. The Deputy may wish to note that many boys who are remanded in custody are remanded on more than one occasion.

I have requested my Department to assemble such further information as may be available on the number of minors remanded in custody in both Trinity House School and the Oberstown campus as a whole over the period in question. This will be forwarded directly to the Deputy.

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