Written Answers Nos. 635-659
635. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the status of a work permit in respect of a person (details supplied); and if she will make a statement on the matter. [30309/16]
Amharc ar fhreagraAn Intra Company Transfer Employment Permit application was refused in respect of the person named by the Deputy on 23rd September 2016 as at the time of application it appeared that the foreign national’s immigration permission from the Minister for Justice and Equality precluded him from entering employment in the State.
The named person held an Atypical Working Scheme immigration permission that allowed him to remain in employment for a six month period.
The Department of Justice and Equality (Irish Naturalisation and Immigration Service - INIS) in agreement with the Department of Jobs, Enterprise and Innovation, administers the Atypical Working Scheme. The Atypical Working Scheme is designed to provide a streamlined mechanism to deal with foreign nationals who wish to enter the State for once off atypical or short term employments.
In accordance with Section 13 the Employment Permits Act, 2006 as amended, the applicant was informed of the right to seek a review of this decision within twenty-eight (28) days from the date of the refusal letter. To date no such request has been received.
636. Deputy Peter Burke asked the Minister for Jobs, Enterprise and Innovation when FRS105 will be commenced; and if she will make a statement on the matter. [30568/16]
Amharc ar fhreagraFRS 105 is the Financial Reporting Standard applicable to the Micro-entities Regime. The Companies (Accounting) Bill 2016 introduces provisions for a new category of micro company, which is a subset of the category of small company. Accordingly, FRS 105 will be available to micro companies once the Bill is enacted and commenced.
As matters stand, the Dáil is scheduled to hold the Second Stage debate in early November. The timeframe for passage and enactment thereafter will depend on the availability of parliamentary time.
637. Deputy Jan O'Sullivan asked the Minister for Jobs, Enterprise and Innovation when she expects to receive the report and recommendations from the company law review group around the application of current company law provisions to better safeguard employees and creditors caught up in tactical insolvencies; when she expects to bring proposed new legislation to Government to give effect to the recommendations of the Duffy-Cahill review; and if she will make a statement on the matter. [30217/16]
Amharc ar fhreagraIn January 2016, the then Minister requested the Company Law Review Group (CLRG) to review company law with a view to recommending ways company law could be potentially amended to ensure better safeguards for employees and unsecured creditors. An ad-hoc committee of the CLRG was formed in January 2016 to explore relevant issues. It has met eleven times to date and is progressing its examination of company law under its terms of reference. It is due to meet again on 26 October 2016. It is intended that the ad-hoc committee will bring a report to the CLRG for adoption and that this will be submitted to the Minister for consideration. There was no explicit timeframe given to the CLRG as the issues to be examined are extensive and to allow a full and comprehensive examination of the legislation in relation to unsecured creditors including employees.
Earlier this year Nessa Cahill B.L., a company law specialist, and Kevin Duffy, the then Chairman of the Labour Court, were asked to conduct an expert examination of legal protections for workers. The examination looked specifically at situations where assets of significant value are separated from the operating entity, being the employer, and how the position of employees can be better protected in such situations.
The Duffy/Cahill report was brought to Government and published on 26 April. It provides a comprehensive analysis of the relevant provisions of employment law and company law. It makes a number of proposals for reform of the law, which are primarily concerned with amendments to employment law.
The Department conducted a Public Consultation on the report following its publication. The submissions received in response to the consultation are important in terms of assessing how the suggested reforms could operate in practice and in identifying any unintended consequences. They will inform the response to the report which will be brought forward for consideration by Government.
In terms of timing, my Department is working simultaneously on bringing forward policy responses to the Duffy Cahill report and the University of Limerick (UL) report on zero hour contracts and low hour contracts. Work on the response to the UL report is more advanced than that on Duffy Cahill. However, I want to assure the Deputy that all of this work is being progressed as expeditiously as possible.
638. Deputy Jan O'Sullivan asked the Minister for Jobs, Enterprise and Innovation the way she will amend the National Minimum Wage (Low Pay Commission) Act to enable the Government to meet its own commitment in the programme for Government for a national minimum wage of €10.50 per hour over the lifetime of this Dáil; when such amendments will be made; and if she will make a statement on the matter. [30219/16]
Amharc ar fhreagraThe Low Pay Commission was established last year through the National Minimum Wage (Low Pay Commission) Act 2015. Its principal function is, once each year, to examine the national minimum hourly rate of pay and to make a recommendation to the Minister respecting the rate, ensuring that all decisions are evidence based, fair and sustainable, and do not create significant adverse consequences for employment or competitiveness.
The Commission submitted its first report in July 2015. Its recommendation to increase the minimum wage from €8.65 to €9.15 per hour was accepted by Government and the increase came into effect on 1st January last.
The Commission’s second report was submitted to Government in July and the recommendation made by the Commission for an increase of 10 cents per hour was approved by Government on October 11 The increase will come into effect on 1 January next.
The Programme for Partnership Government contains a commitment to reduce poverty levels by supporting an increase in the minimum wage to €10.50 per hour over the next five years and rely on the annual recommendations of the Low Pay Commission on the level of adjustment each year.
The independence of the Low Pay Commission is firmly established in the National Minimum Wage (Low Pay Commission) Act 2015 (the Act). The Commission can only operate in accordance with that statutory remit and make recommendations to the Minister in accordance with the criteria that are clearly and explicitly set out in the Act.
There are no plans to make any changes to the legislation as it currently stands.
639. Deputy Eamon Ryan asked the Minister for Jobs, Enterprise and Innovation her plans to respond to the Seanad Éireann vote on the provisional application of the Comprehensive Economic and Trade Agreement; and if she intends to adhere to this vote at the meeting of Ministers in Brussels (details supplied). [30403/16]
Amharc ar fhreagraCETA represents a modern high standard agreement which has the ability to set a new global standard for Trade Agreements. It will end limitations in access to public contracts, open up markets for services and offer predictable conditions for investors. CETA will save on duty costs as 99.6% of all industrial tariffs will be eliminated on entry into force. Irish firms will also benefit from the recognition of product standards and certification, thus saving on ‘double testing’ on both sides of the Atlantic. These are some of the benefits of the trade deal with Canada as well as providing new market opportunities in many sectors for Irish firms. As stated in the Seanad by my colleague Minister for Enterprise and Small Business, Pat Breen T.D., following concerns raised in a number of Member State parliaments, the Council Decision provides that the provisions in CETA in relation to investment protection and investment dispute settlement will be excluded from provisional application. Canada will mirror the decision of the EU on provisional application of CETA, pending the ratification of the agreement by Member States. The EU and Canada are also finalising a legally binding Joint Interpretative Declaration that will be added to CETA, to provide further assurances in relation to public services, labour rights, environmental protection and investment.
The full entering into force of the agreement will be subject, in the first instance, to a decision by the EU, through a Council decision with the consent of the Parliament, and secondly by the approval of all Member States through the relevant national ratification procedures. In this regard, Dáil Eireann will be a part of the final decision to ratify CETA in accordance with Article 29.5.2 of the Constitution.
The EU and Canada are working towards the signature of CETA at the EU-Canada Summit scheduled to take place on the 27th October 2016. Today, the 18th October 2016, in Luxembourg, Ministers will be asked to sign and agree to the provisional application of CETA. The EU Council of Trade Ministers will also be asked to approve the Joint Interpretative Declaration.
Ireland stands to gain substantially from CETA, I support and welcome the Agreement and I am looking forward to Irish firms enjoying the benefits and new opportunities as soon as possible. I am of the view that the recent developments including the exclusion of the investment protection provision from the provisional application of CETA and the proposed additional legal guarantee on public services, labour rights and environmental protection address the concerns raised in the Seanad. I would also restate that the Agreement will come before the Dáil in due course for ratification.
640. Deputy John Paul Phelan asked the Minister for Jobs, Enterprise and Innovation the total number of companies that have re-registered with the Companies Registration Office as a designated activity company to date, in tabular form; and if she will make a statement on the matter. [30427/16]
Amharc ar fhreagraThe information is contained in the following table.
|
Companies |
- |
|
No. of companies that have converted to designated activity companies as at 12 October 2016. |
1636 |
641. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if an eligibility for a work permit will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [30533/16]
Amharc ar fhreagraAn application for the position of Stone Mason and Carving was received in the Employment Permit Section of my Department on 13 September 2016. This application was refused on 27 September 2016. It appeared from the information received that the position on offer was one for which a Contract for Services Employment Permit would not be granted as it is on the List of Ineligible Categories of Employment for Employment Permits. Additionally, the remuneration offered in respect of the post was less than €40,000, the minimum prescribed remuneration in respect of permits of this category.
Supporting documentation submitted with the application also indicated that the foreign national was in the State without current immigration permission from the Minister for Justice and Equality at the time of application.
Other refusal reasons outlined to the applicant include:
- That the employer did not make adequate provision for the employee’s board and accommodation and health insurance required for permits of this type
- That the information submitted indicated that the foreign national was not employed by the contractor for 6 months prior to the application date as required
- That it appeared that the foreign national would not be employed by the contractor concerned during the period for which the employment permit was sought, and;
- A Contract for Services Employment Permit can only be issued where a foreign contractor has entered into a contract for services agreement with a person in the State, this was not established.
Additionally, the applicant sought to apply through the Trusted Partner scheme, but had not been granted Trusted Partner status.
In accordance with Section 13 the Employment Permits Act, 2006 as amended, the applicant was informed of the right to seek a review of this decision within twenty-eight (28) days from the date of the refusal. To date no such request has been received.
642. Deputy Brendan Howlin asked the Minister for Jobs, Enterprise and Innovation the action which has been taken to enforce here the ruling of the European Court of Justice which determined that time spent travelling to and from first and last appointments by workers without a fixed office as working time; and if she will make a statement on the matter. [30796/16]
Amharc ar fhreagraI assume the Deputy is referring to the judgement of the Court of Justice of the European Union in Case 266/14 Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA. In that case the CJEU held that Article 2 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (the Working Time Directive) must be interpreted as meaning that, in circumstances such as those at issue in the Tyco case, in which workers do not have a fixed or habitual place of work, the time spent by those workers travelling each day between their homes and the premises of the first and last customers designated by their employer constitutes ‘working time’, within the meaning of that provision.
There is no action required by me as Minister to enforce the ruling of the CJEU in the Tyco case, as the judgement relates to the interpretation of the existing provisions. The Working Time Directive is given effect in Irish law by the Organisation of Working Time Act 1997. Section 2 of that Act defines “working time” as follows:
“… any time that the employee is -
(a ) at his or her place of work or at his or her employer’s disposal, and
(b ) carrying on or performing the activities or duties of his or her work,
and “work” shall be construed accordingly.”
An individual who considers that their rights under the Organisation of Working Time Act have been infringed can seek redress by making a complaint to the Director General of the Workplace Relations Commission.
Any persons with questions or complaints regarding their rights under employment law should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or at www.workplacerelations.ie
643. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation the status of EU Directive 2014/95/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups for transposition into Irish law. [30894/16]
Amharc ar fhreagraDirective 2014/95/EU obliges certain large undertakings to include a non-financial statement in their annual directors’ report. It also obliges large listed companies to include a diversity report in their annual corporate governance statement.
The deadline for transposition is 6 December and the Directive is to apply to financial years beginning on or after 1 January 2017.
My Department intends to transpose Directive 2014/95/EU into Irish law by way of Ministerial Regulations. It is currently preparing draft Regulations for settlement with the Office of the Parliamentary Counsel, with a view to meeting the transposition deadline.
644. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason persons participating in the Jobsplus scheme are only entitled to subsidised child care for 52 weeks, when Jobsplus is a two-year scheme; and if she will make a statement on the matter. [30241/16]
Amharc ar fhreagraI understand that the question relates to the After School Childcare Scheme" , which is funded by my Department. Eligibility for this scheme is determined by the Dept. of Social Protection and the entitlement is for a maximum of 52 weeks in total depending on availability. This allowance does not need to be used consecutively. Depending on circumstances, participants may alternatively be eligible for other childcare schemes, such as the Community Childcare Subvention, which is not limited in duration.
From September 2017 the After School Childcare Scheme will be discontinued and replaced by the new Single Affordable Childcare Scheme; with entitlement based on parental income, so participants in the JobsPlus scheme will no longer be limited to 52 weeks of eligibility. Information in relation to the Single Affordable Childcare Scheme is available on the DCYA website.
645. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the availability of preschool places for children with special needs throughout north Kildare; the extent to which augmentation is expected; and if she will make a statement on the matter. [30319/16]
Amharc ar fhreagraThe Access and Inclusion Model (AIM) is now available to enable children with disabilities to access and fully participate in the Early Childhood Care and Education (ECCE) Programme. The model will deliver seven levels of progressive support, moving from the universal to the targeted, to enable the full inclusion and meaningful participation of children with disabilities in the ECCE Programme. The new model focuses on the developmental level of children with disabilities, their functional ability, their strengths and their needs. The degree of support provided will depend on the needs of the child in the context of the pre-school service.
Parents who consider that their child will need additional assistance to participate in the ECCE Programme should contact their pre-school provider as early as possible to discuss their child’s needs. The service provider, in partnership with the parents, will then submit an application to Pobal for supports under AIM. Signed parental consent is required to complete the application process. Further information on AIM can be accessed at www.aim.gov.ie.
It will take some time for the model to be fully embedded and to build capacity across the system. In the meantime, there is a commitment that all supports currently available through the HSE and various agencies will remain in place until the model is fully operational.
I understand that there are approximately 194 childcare providers in Kildare in contract with my Department to deliver the childcare programmes which it administers, and any of these may apply under AIM for supports for pre-school children.
646. Deputy Paul Kehoe asked the Minister for Children and Youth Affairs if a decision has been made on an application by persons (details supplied) for a special needs assistant for preschool under the AIM program following assessment four weeks ago; and if she will make a statement on the matter. [30538/16]
Amharc ar fhreagraAIM, which is a new programme of supports to enable children with a disability to access and fully participate in the free pre-school programme, is administered by Pobal on behalf of this Department. The degree of support provided will depend on the needs of the child in the context of the pre-school service.
My Department has made enquiries of Pobal in relation to your query and it is understood that the application in question is currently being appraised. Pobal has indicated that the outcome should be available within two weeks.
647. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs if he will arrange an assessment for a person (details supplied). [30255/16]
Amharc ar fhreagraThank you for bringing this to my attention but as the Deputy will appreciate, it is not appropriate for me to comment on an individual case. I would appreciate if the Deputy could contact my office as additional details are required before the issue can be raised with Tusla., the Child and Family Agency.
648. Deputy John McGuinness asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 953 of 27 September 2016, when a decision will be advised. [30356/16]
Amharc ar fhreagraAIM, which is a new programme of supports to enable children with a disability to access and fully participate in the free pre-school programme, is administered by Pobal on behalf of this Department. The degree of support provided will depend on the needs of the child in the context of the pre-school service.
My Department has again made enquiries of Pobal in relation to your query and it is understood that an application for Level 7 - additional assistance in the pre-school room - was received and is being processed in accordance with the agreed protocols which ensure due process, fairness and equity. The application is at appraisal stage and a decision will issue as quickly as possible.
As soon as a decision is made under AIM, both the parent(s) and childcare provider are contacted and informed of same.
649. Deputy Carol Nolan asked the Minister for Children and Youth Affairs if she will make additional funding available to Offaly domestic violence support service in order that the service may continue; if she will meet with members of the service to discuss future funding arrangements; and if she will make a statement on the matter. [30370/16]
Amharc ar fhreagraTusla, the Child and Family has advised that it is aware of the financial pressures currently being experienced by Offaly Domestic Violence Support Services and has already made arrangements to provide additional funding of €6,000 to the service in line with the shortfall identified by the service.
Offaly Domestic Violence Support Services has already received an additional €8,000 from Tusla in 2016, over and above funding allocated in 2015. With both tranches of additional funding, Offaly Domestic Violence Support Services will receive a total of €71,818 from Tusla this year. This represents a very considerable increase of €14,000 in the current year, compared with total funding of €57,818 in 2015.
Through its service arrangement processes, Tusla is engaged with Offaly Domestic Violence Support Services to support continuity of service provision to victims of domestic violence in Co. Offaly and a meeting is scheduled with the organisation in November.
I can confirm that on foot of Budget 2017, Tusla will be increasing its investment nationally on domestic, sexual and gender-based violence services. Tusla's approach in terms of future planning for these services will seek to address gaps, avoid duplication and support the effective delivery of frontline services nationally. Domestic Violence services in Co. Offaly and the wider Midlands area are being considered as part of Tusla’s commissioning processes to ensure that the needs of victims across the country are being met in the most efficient and sustainable way.
650. Deputy James Lawless asked the Minister for Children and Youth Affairs if she will examine the funding availability for a person (details supplied); if she will guarantee funding and a place; and if she will make a statement on the matter. [30546/16]
Amharc ar fhreagraFrom September 2016 children are eligible to attend free pre-school from the age of 3 years until they start primary school (once the child is not older than 5 years and 6 months at the end of the pre-school year i.e. end June). The age range for eligibility for children enrolling for the programme in September 2016 is 1 January 2012 to the 31 August 2013. Children born between 1 September 2013 and 31 December are eligible to enrol in January 2017. Children born between 1 January 2014 and 31 March 2014 are eligible to enrol in April 2017.
As the child in question was born on 18 December 2013, they are eligible to enrol for the ECCE programme from January 2017. Eligibility to a programme does not guarantee a placement. It is the responsibility of the parent to source a suitable childcare place for their child. I would urge the child's parent to contact their local County Childcare Committee to assist them in finding a childcare place. It must be noted that each pre-school provider operates their own admission policies, and once these are within the terms of the ECCE Programme, the Department has no role in relation to the admission policies of individual services.
651. Deputy Sean Fleming asked the Minister for Children and Youth Affairs if the full payment for the past year in respect of the early child care and education higher capitation rates will be paid to a child care facility (details supplied); and if she will make a statement on the matter. [30570/16]
Amharc ar fhreagraIn order to receive the Higher Capitation Rate, under the Early Childhood Care and Education (ECCE) Programme, the service provider must submit an application on an annual basis. If a service provider fails to submit an application, the Department will either revert the service to, or maintain the service on, the Standard Capitation Rate (whichever is applicable). It is imperative that the Programme rules are adhered to so as to ensure that ECCE capitation rates are administered in a fair and equitable manner for all providers.
It is not possible for the Department to make payments at the Higher Capitation Rate throughout a preschool year where services have not applied. My Department has no record of any application from the service in question, for the Higher Capitation Rate for the 2015/2016 Programme year. Therefore, it is not possible to grant payments reflective of the Higher Capitation Rate for 2015/2016.
If the service provider is in a position to provide the Department with any relevant documentation which would show that they had submitted an application for the Higher Capitation Rate in 2015/2016, this case can be reviewed
652. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs the number of youth workers allocated to drugs task forces per county and per service division nationally in each of the years 2012 to date in 2016 in tabular form; and if she will make a statement on the matter. [30572/16]
Amharc ar fhreagraMy Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 380,000 young people and involve approximately 1,400 youth work staff in 477 projects and 40,000 volunteers working in youth work services and communities throughout the country. In 2016, funding of €51m has been provided to my Department for these schemes.
My Department provides funding to 21 projects under the Local Drug Task Force Scheme amounting to €1.18m. The projects provide a range of supports for young people by way of targeted drug prevention and awareness. This funding is administered by the network of Education and Training Boards.
Information about the number of youth workers employed in the network of Local Drugs Taskforces, nationally, is not readily available to my Department.
653. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs the number of youth workers allocated per county and per service provision nationally in each of the years 2012 to date in 2016 in tabular form; and if she will make a statement on the matter. [30573/16]
Amharc ar fhreagraMy Department administers a range of funding schemes and programmes to support the provision of youth services to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 380,000 young people and involve approximately 1,400 youth work staff in 477 projects and 40,000 volunteers working in youth work services and communities throughout the country. In 2016, funding of €51m has been provided to my Department for these schemes.
Funding is provided by my Department for the provision of youth services. The recruitment, employment and deployment of staff including youth workers are matters for the youth organisations and services themselves. Information about the number of youth workers employed by youth organisations and services by county is not readily available to my Department.
654. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs when sections 1 to 9, inclusive, of the Child Care Amendment Act 2015 will be commenced; and the reason there has been a delay in its commencement in view of the fact this legislation was enacted in December 2015 [30596/16]
Amharc ar fhreagraAs the Deputy is aware, the Child Care (Amendment) Act 2015 was signed into law in December of last year. The Act is primarily concerned with aftercare – the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him or her in making the transition to independent living. The legislation imposes a statutory duty on Tusla, the Child and Family Agency, following an assessment of need, to prepare an aftercare plan identifying relevant aftercare supports for an eligible child or eligible young person.
Tusla is currently revising its aftercare policies - it is anticipated that this will be completed shortly. Commencement of the relevant provision is anticipated following the outcome of consultations with Tusla with regard to appropriate timing and the readiness of Tusla to implement same.
Currently some 1900 young people are in receipt of aftercare support provided by Tusla, while 102 young people over 18 years of age who need additional support are being provided with residential care. The additional funding provided to Tusla in Budget 2017 will ensure that this level of support can continue. It will allow the continuing recruitment of additional social workers so that all children in care have an allocated social worker to work with them in developing an aftercare plan. Furthermore, Tusla will have scope to employ a sufficient number of aftercare workers to ensure young people, who have left care, have the degree of support they need.
655. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the reason the provision of the aftercare for young persons is inconsistent across the country; and the reason there is an exclusion clause for young persons who are admitted to the care system at 17 years of age (details supplied). [30597/16]
Amharc ar fhreagraUnder the current National Leaving and Aftercare Policy of Tusla, the Child and Family Agency, all young people leaving care who have been in care for 12 months on their 16th birthday or for 12 consecutive months prior to their 18th birthday are entitled to an aftercare plan. Tusla is currently reviewing the National Leaving and Aftercare Policy in line with the Child Care (Amendment) Act 2015. Tusla welcomes this new legislation which will place the provision of an aftercare plan on a statutory footing. Tusla will continue to work in partnership with other state agencies to ensure that care leavers are provided with a robust and comprehensive aftercare plan.
Data provided by Tusla show that in the first six months of 2016, approximately 315 young people were discharged from care by reason of turning 18. Of these, 98% were assessed as being eligible for an aftercare service (308), but only 90% were availing of the aftercare service (280). A breakdown of the data by region is provided in the following table:
|
2016 Aftercare Data to June 2016 |
The number of Children in Care turning 18 |
No. eligible for an Aftercare service |
|
Dublin Mid Leinster |
67 |
61 |
|
Dublin North East |
123 |
123 |
|
South |
80 |
79 |
|
West |
45 |
45 |
|
Total |
315 |
308 |
The transition to independent adulthood can be challenging for many young people and a key factor in achieving success is ensuring that assessment, preparation and planning for leaving care begins in the years prior to leaving care and continues as part of the care planning process. This work is based on collaboration with the young person, their carers and partner agencies to generate an aftercare plan that is specific to the individual young person's needs.
The supports provided to the young person will be based on their assessed needs which can vary widely. Advice, guidance, support and signposting are key elements of this service and these supports are available to all care leavers. For those young people who are not in training or education, aftercare services have a key role in providing support to them in liaising with the relevant departments and agencies in accessing financial assistance, employment opportunities, training or supporting them to return to education.
Tusla became aware that a situation had evolved historically where there were different rates of financial supports being made available for young people leaving care around the country. In July 2015, as part of the implementation of its national policy, Tusla addressed this inequitable approach and introduced a Standardised National Aftercare Allowance of €300 per week.
656. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the person or body responsible for the placement of a young person with a disability who has been in State care when they turn 18 years of age; and the steps that are taken to ensure various service providers work together to ensure that the needs of the young person are met at this significant transition [30598/16]
Amharc ar fhreagraThe Child Care (Amendment) Act 2015 imposes a statutory duty on Tusla, the Child and Family Agency, following an assessment of need, to prepare an aftercare plan identifying relevant aftercare supports for an eligible child or eligible young person.
For young people with a disability, aftercare planning forms the basis of discussions between Tusla and the HSE to effectively manage the transition from child to adult disability services, based on assessed need. These young people, in general, will seek to access a mainstream service, adult disability service or primary care service based on their level of need, facilitated by Tusla via the Local Aftercare Implementation Group. The HSE participates in the planning process and is responsible for the provision of the required services.
My Department has been liaising with a number of Government Departments to address issues regarding the provision of services to children in care and those transitioning out of care, and particularly with the Department of Health regarding the situation of children with disabilities transitioning from the care system. A National Working Group on Joint Protocol for Interagency Collaboration between the HSE and Tusla in respect of Disability and Mental Health Issues has been put in place to clarify and set out the respective roles and duties of the relevant agencies. It will also establish areas of joint responsibilities and develop a revised joint protocol in respect of these matters. Senior management in HSE and Tusla are meeting to discuss these issues. The work of the Group looking at disability issues is nearing completion.
657. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the exact funding increase provided by budget 2017 for her Department in 2017, minus provision required for demographics and the Lansdowne Road agreement, compared to the Estimate provided in budget 2016, the summer economic statement and the expected out-turn for 2016, in tabular form. [30602/16]
Amharc ar fhreagraThe Deputy might note that the gross funding allocation for the provision of services to support children, young people and families in my Department`s Vote under Budget 2017 amounted to €1.311 billion. The allocation is reduced to €1.309 billion when account is taken of the €2 million that was provided in respect of the Lansdowne Road Agreement. This level of funding represents an overall increase of €171 million when compared to the resources provided in Budget 2016 and €200 million over the projected expenditure outturn for 2016.
|
DCYA Vote |
Budget 2017 €million |
Budget 2016 €million |
REV 2016 Projected Outturn €million |
|
Current funding |
1,287 |
1,113 |
1,088 |
|
Capital funding |
24 |
25 |
21 |
|
Total allocation |
1,311 |
1,138 |
1,109 |
658. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the supports available to vulnerable children who are not in education and do not receive aftercare supports. [30606/16]
Amharc ar fhreagraAftercare is a term used to describe the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him/her in making the transition to independent living. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires. Aftercare is available to all those eligible irrespective of which care sector they have been in, i.e. foster care or residential care.
The core eligible age range for aftercare is from 18 years up to 21 years. This can be extended until the completion of a course of education and training in which a young person who has left care, or is leaving care, is engaged, up to the age of 23 years.
Current aftercare provision incorporates advice, guidance and practical (including accommodation and financial) support. Advocating on behalf of young people to support their development as fulfilled adults in their community and, when necessary, to link them to targeted adult services, are also crucial elements of an aftercare service. Accordingly, in instances where a young person leaving care has experienced trauma and / or a developmental delay and is not yet ready to embrace independent living, due regard will be given within the aftercare planning process to linkages with appropriate, specialist, adult services.
A significant number of young people who leave State care annually are supported financially to remain living with their foster carers, in addition to having access to an aftercare worker. The most vulnerable group of young people are those leaving residential care or short term foster care placements. Children who come into care late, in their mid to late teens, may not have developed the relationships with staff or aftercare workers that help them to achieve good outcomes.
Young people who do not have family support from a foster carer or family base are assisted in finding accommodation in supported lodgings, sheltered housing or independent accommodation and encouraged and supported financially in furthering their training and education.
It should also be noted that there exists a cohort of young people leaving State care who, for whatever reason, choose not to engage with the aftercare supports available to them. Should any of these young people have a change of mind, the opportunity to re-engage with Tusla - the Child and Family Agency exists until the young person reaches 21 years of age. Young people who do not engage with aftercare will be entitled to the relevant supports and services offered by the State and available to young people generally. Of course, the criteria for supports available under such schemes and programmes are set by the relevant Departments/Agencies.
659. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the steps in place to ensure young persons have access to specialist supports, services and access to suitable placements promptly; if there is a high level of staff expertise available in residential care to meet the complex needs of some young persons; when these care centres were last audited and by which agency for the 26 care units in tabular form. [30624/16]
Amharc ar fhreagraUnder the Child Care Act, 1991 and the Child and Family Agency Act 2013, Tusla, the Child and Family Agency has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. Where appropriate, children who are in need of care and protection are received into the care of the State under the Child Care Act, 1991.
The placement of children in care is governed by Regulations. These provide, inter alia, for the welfare of the child, the care practices, care records, accommodation and safety precautions. The Regulations also provide that the social worker oversees the implementation of the care plan, visits the child and sees them in private and reads the records about the child where the child is living in a residential centre. Where required, children and their carers may need additional services outside of those provided by Tusla, such as speech and language therapy and Child and Adult Mental Health Services (CAMHS). The majority of children's residential centres are, de facto, providing high support care.
Across the country there are 160 centres, including private and community based centres caring for 326 children. There are, at a minimum, two staff on duty and, when needed, this number is increased. This shows an average of 2 young people per centre, although of course the number of children in a centre will range from 1 to approximately 4. Of the 326 children in residential care, 98% have an allocated social worker (319). Young people placed in community based centres who have serious emotional and behavioural problems, and who are being considered for special care, are linked with the Assessment, Consultation and Therapy Service (ACTS) multidisciplinary therapeutic team.
Further specialist supports are also routinely made available as needed and many centres have specialist skill-sets, therapeutic modalities, or links with same, in their local communities to meet the varying need of the young people in their care. Tusla managers and staff are fully aware of the emotional and mental health needs of children in care. While the term High Support is not currently used, high support care is provided, through Tusla placements and also, privately commissioned residential and foster placements, with access to specialist psychological and psychotherapeutic play opportunities.
The Health Information & Quality Authority (HIQA) inspect all Tusla run residential centres, and publish its findings on www.hiqa.ie. Tusla has responsibility for inspecting all private and voluntary children's residential centres and these inspection reports are available on the Tusla website, www.tusla.ie.
