Written Answers Nos. 353 - 369
353. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the total number of full-time and part-time staff hired since 1 January 2017; the number of these staff hires recruited specifically to work on Brexit-related issues on a Department wide basis and in each State agency under her auspices, in tabular form; and if she will make a statement on the matter. [5198/17]
Amharc ar fhreagra355. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of full-time and part-time staff hired since January 2017 following the confirmation that an additional €3 million has been allocated by her Department to the evolving Brexit scenario to increase resources in 2017, in tabular form; and if she will make a statement on the matter. [5200/17]
Amharc ar fhreagra357. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of full-time and part-time staff in her trade policy section; the staff increases she is considering for 2017 to deal with developments around an impending Brexit; if any staff requests were made in 2016 to strengthen resources; and if she will make a statement on the matter. [5202/17]
Amharc ar fhreagraI propose to take Questions Nos. 353, 355 and 357 together.
Staffing levels of my Department, its Offices and Agencies reflect the requirement to manage the pay bill and staff numbers in accordance with Government pay policy with staff resources deployed in the most effective and efficient manner as appropriate to business needs and key priorities at any given time.
An additional €3 million was secured in respect of Pay in Budget 2017 and is being targeted specifically to assist in our response to the evolving Brexit scenario. It is enabling the Department and, primarily, our Agencies recruit an additional forty to fifty staff to supplement existing staffing numbers. In this regard, the additional €3m has been allocated across Enterprise Ireland, IDA Ireland, Science Foundation Ireland and the Health and Safety Authority, as well as to support the dedicated Brexit Unit within my Department, which is led at Principal Officer level with a team of three staff (two assigned and one to follow), to be reviewed in line with the necessary workload as the Unit’s agenda unfolds. In addition, of course, the work of very many other Business Units across my Department is impacted by Brexit and these Units have, or are in the process of finalising, business plans for 2017 whereby Brexit implications for their work is factored in.
A workforce planning process spanning the years 2017-19 is currently underway across the Department and coordinated by my HR Unit which will review the level of resources assigned across all Divisions of my Department in relation to the current strategic priorities of my Department. Naturally, responding to Brexit will feature heavily in the plan.
Staffing resources are an ongoing priority to ensure my Department’s continued ability to facilitate the wide mission and volume of work in a range of challenging policy areas. This will continue with ongoing day-to-day review of the appropriate staffing across my Department in response to known and developing priority areas.
In relation to the number of staff serving in the Trade Policy and Export Licensing Section in 2016 and 2017 is concerned the figures are as follows:
|
January 2016 |
January 2017 |
|
16 |
18 |
A small number of staff in this Unit have availed themselves of various reduced working hours arrangements such that the Full-time Equivalent figures are:
|
January 2016 |
January 2017 |
|
15.5 |
17.1 |
In relation to the number of staff hired in the Department between 2012 and 2017 the following table sets out the position:
|
Year |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
|
New “hires” |
14 |
33 |
59 |
33 |
75 |
4 |
|
Total number of staff |
843 |
857 |
854 |
848 |
857 |
854* |
*Position as at 27 January, 2017
It is important to appreciate that the increase in numbers in 2013 was primarily due to the transfer of functions from the Equality Tribunal from the Department of Justice and Equality, whereas for 2014 it was primarily as a result of the dissolution of Forfás which was integrated into the Department. Also, there would have been a number of exits through retirement, promotion, resignations and so on such that the total number of staff employed in the Department at year end in each year has been given to show how staffing levels have been relatively stable in recent years after the earlier period of downsizing under the various employment control measures introduced from 2008.
354. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of staff requested by her Department and in each State agency under the auspices of her Department in the 2012 to 2016 period on an annual basis in tabular form; the number of staff subsequently hired in each year in this period on a departmental-wide basis and in each State agency under the auspices of her Department; and if she will make a statement on the matter. [5199/17]
Amharc ar fhreagraIn the earlier part of the 2012-2016 period my Department, as with all others, was subject to the Employment Control Framework and Moratorium on recruitment as a means of reducing the overall Government pay bill. Therefore, with some exceptions to the Moratorium under which the Department of Public Expenditure and Reform granted sanction to fill particular posts over this time, the thrust of policy was to reduce the numbers employed in the Department and our Agencies until the Moratorium and ECF were lifted in the October 2014 Budget after which the Department and our Agencies now organise our staffing levels in line with pay-budget limits.
In relation to the number of staff hired by the Department between 2012 and 2016 the following table sets out the position:
|
Year |
2012 |
2013 |
2014 |
2015 |
2016 |
|
New “hires” |
14 |
33 |
59 |
33 |
75 |
|
Total number of staff |
843 |
857 |
854 |
848 |
857 |
In interpreting these figures, it is important to appreciate that the increase in numbers in 2013 was primarily due to the transfer of functions from the Equality Tribunal from the Department of Justice and Equality, whereas for 2014 it was primarily as a result of the dissolution of Forfás which was integrated into the Department. Also, there would have been a number of exits through retirement, promotion, resignations and so on such that the total number of staff employed in the Department at year end in each year has been given to show how staffing levels have been relatively stable in recent years after the earlier period of downsizing under the various employment control measures introduced from 2008.
Insofar as the number of staff in each of the Agencies under my Department’s remit from 2012 to 2016 is concerned the tables that follow set out the staffing position in each case in the years in question.
Competition and Consumer Protection Commission
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
39+42** |
2+10 |
6 |
|
2013 |
42+37** |
1 |
1 |
|
2014 |
84.5 |
3 |
0 |
|
2015 |
83.5 |
26 |
9 |
|
2016 |
83.6 |
14 |
32 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
**The Competition Authority and the National Consumer Agency merged in 2014. The staffing figures for 2012 and 2013 are included in the table.
Enterprise Ireland
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
719.5 |
12 |
10 |
|
2013 |
666.5 |
22[1] |
22 |
|
2014 |
648.5 |
21[2] |
21 |
|
2015 |
631 |
19 |
19 |
|
2016 |
536 |
39[3] |
Recruitment Ongoing |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
Health and Safety Authority
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
177.2 |
3 |
0 |
|
2013 |
170 |
0 |
0 |
|
2014 |
162.4 |
4 |
1 |
|
2015 |
167.1* |
4 |
3 |
|
2016 |
166.2 |
12 |
6 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
Irish Auditing and Accounting Supervisory Authority
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
14 |
0 |
0 |
|
2013 |
13 |
0 |
1 |
|
2014 |
13 |
11 |
0 |
|
2015 |
13 |
1 |
5 |
|
2016 |
17 |
17 |
4 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
IDA
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
255 |
19 |
19 |
|
2013 |
254 |
16 |
16 |
|
2014 |
282 |
54 |
54 |
|
2015 |
262 |
38 |
38 |
|
2016 |
265 |
99** |
50 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
**includes proposal for the retention of 35 “Winning Abroad” contract staff which has yet to be sanctioned
National Standards Authority of Ireland
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
132 |
0 |
0 |
|
2013 |
132 |
3 |
0 |
|
2014 |
132 |
1 |
1 |
|
2015 |
133 |
8 |
2 |
|
2016 |
130 |
3 |
7 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
In addition NSAI Inc., a wholly owned subsidiary of NSAI located in Nashua, New Hampshire, USA, has a headcount of 15 who are paid from NSAI’s Own Resource Income.
Personal Injuries Assessment Board
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
66 |
14 |
1 |
|
2013 |
66 |
14 |
1 |
|
2014 |
67 |
13 |
0 |
|
2015 |
67 |
13 |
2 |
|
2016 |
66 |
14 |
16 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
Science Foundation Ireland
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
48 |
2 |
1 |
|
2013 |
49 |
1 |
1 |
|
2014 |
49 |
3 |
3 |
|
2015 |
49 |
3 |
3 |
|
2016 |
49 |
1 |
1 |
*hired staff may also relate to replacing staff as opposed to increasing the staff complement
Forfas
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
110 |
2 |
2 |
|
2013 |
91 |
0 |
0 |
|
2014 |
75 |
0 |
0 |
Forfás was dissolved in 2014 and its functions merged into my Department
CEBs
|
Year |
No of Staff at 1st Jan |
No of staff requested |
No hired |
|
2012 |
121 |
2 |
2 |
|
2013 |
128 |
6 |
0 |
|
2014 |
126 |
0 |
0 |
The CEBs were dissolved in 2014 and their functions were transferred to the Local Enterprise Offices which are under the aegis of the Department of Housing Planning and Local Government
Staffing levels for InterTrade Ireland have not been included since it is a Cross-Border Body funded by the Department of Jobs Enterprise & Innovation in Dublin and the Department for the Economy in Belfast so is not generally considered a “State Agency” in the traditional sense.
[1] Includes 20 posts sanctioned for local overseas recruitment
[2] Posts sanctioned as part of overall approval of Enterprise Ireland’s Voluntary Leaving Programme
[3] Posts sanctioned as part of Enterprise Ireland's strategic response to Brexit
356. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of full-time and part-time staff requests each agency had made for 2017 prior to the announcement in October 2016 that an additional budget allocation had been given to her Department for the evolving Brexit scenario by increasing staff resources in 2017, in tabular form; and if she will make a statement on the matter. [5201/17]
Amharc ar fhreagraAgency staffing requests are made to my Department at various times during the year depending on workforce planning demands in each Agency rather than at a fixed time during the year. In parallel, during the annual Estimates process Agencies will bid for a certain pay allocation to reflect their staffing costs in the year ahead. In this context, various Agency requests were considered in the normal way in advance of the last Estimates campaign on a case-by-case basis during the year.
As part of the Estimates campaign, my Department secured an additional €3m towards pay costs arising from the need to commit extra resources to Brexit-related policies/interventions. In that regard, the additional €3m was designed to support the creation of a dedicated Brexit Unit in my Department as well as to fund additional staffing in a number of our Agencies to support their Brexit-related work. Additional resources have been allocated to Enterprise Ireland, IDA Ireland, Science Foundation Ireland and the Health and Safety Authority to allow each recruit additional staff to work on Brexit-related activity. Each Agency may also apply some of its Own Resource Income, where it has such a stream, to augment the Exchequer resources by agreement with my Department as required.
Insofar as the four aforementioned Agencies are concerned the allocation of additional resources is anticipated to allow for additional Brexit staffing as follows:
|
Enterprise Ireland |
+39 |
|
IDA Ireland |
+21 |
|
Science Foundation Ireland |
+2 |
|
Health and Safety Authority |
To be determined |
IDA has sought 21 additional staff resources in order that it can meet the jobs and investment targets set out in its Strategy - “Winning Foreign Direct Investment 2015-2019” - and to meet the global challenges of 2017 and beyond with Brexit key among the identified challenges. The Agency also submitted a staff resourcing strategy to the Department in July 2016 which sought sanction for retention of the 35 staff hired on 3-year fixed term contracts under the Winning Abroad Programme. IDA has also sought to reinstate its Graduate Recruitment Programme on a three year contract basis. These latter two requests are still under consideration.
358. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the date on which the Comptroller and Auditor General last audited the Design and Crafts Council of Ireland; and if she will make a statement on the matter. [5206/17]
Amharc ar fhreagraThe Crafts Council of Ireland is a company limited by guarantee and is therefore established under and regulated by the Companies Acts 1963-2014. The objects are set out in the Memorandum and Articles of Association of the Crafts Council of Ireland Limited.
The Company is trading as the Design and Crafts Council of Ireland (DCCoI). It is not established under any legislation other than the Companies Acts and is not regulated or controlled by the Department by virtue of any statutory provision.
The Design and Crafts Council of Ireland receives funding through Enterprise Ireland for the purpose of promoting crafts and design initiatives. The Budget is approved by the EI Board.
The financial statements of the Design and Crafts Council of Ireland are independently audited and are published as part of their Annual Report. The annual reports, including financial statements, are available to view on the company’s website at www.dccoi.ie/media/publications.
The funding allocated to DCCoI through Enterprise Ireland is subject to audit by the C&AG as part of its annual audit of Enterprise Ireland.
359. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if she and any Minister of State under her Department use a personal e-mail account for work purposes; the security controls in place relating to the use of personal e-mail accounts for Department related business; if her Department has a policy on this matter; and if she will make a statement on the matter. [5257/17]
Amharc ar fhreagraICT provision is made by my Department for the official business of Ministers to be conducted through official email accounts, and equipment is provided with appropriate security protocols to enable confidentiality to be maintained to the best standards possible and insofar as is possible within a challenging technological environment. Non-Departmental email accounts are not generally accessible from the Department's network. My Department does not generally provide access to personal email services from its network, and Departmental computers are blocked from accessing such services. In very limited cases exceptions can be made by my Department where there is a valid business reason.
There is no set policy in place regarding use of personal accounts for official business by members of Government but this is currently under review. Whilst I have on occasion in the past used my personal email account for non-sensitive correspondence, my official business is done through official email accounts. Neither of the Ministers of State assigned to my Department uses a personal email account for work purposes. Finally, there would, of course, be email traffic between each Minister’s Oireachtas email account and his or her “DJEI” email account as a matter of routine.
360. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of her Department, or for the commencement of which her Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if she will make a statement on the matter. [5272/17]
Amharc ar fhreagraThe following is a list of Acts, or sections of Acts, for which my Department is responsible and for which commencement orders have not been made.
|
Act/Section of Act that is not in force |
Is Commencement order intended? |
Timeframe for making commencement order |
Reason commencement order has not been made to date |
|
Subsections (5)(b) and (6) of section 15 of the Employment Permits (Amendment) Act 2014
|
Commencement of these provisions will be subject to the outcome of pending consultations. |
These provisions provide for a portion of the employment permit fee to be refunded to a person nominated by the applicant where the application is withdrawn or refused. Currently, fees are refunded to the applicant only. These provisions may commence when the necessary changes are made to the employment permits processing system to support such a policy change, subject to further consultations. |
The employment permit processing system has not yet been adapted to support the refund of fees to a person other than applicant. If it is considered necessary to do so, consultation will need to take place with the relevant bodies as regards other legislation and any unintended impact of this provision, e.g. The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, etc. |
|
Workplace Relations Act 2015 – Sections 65, 66, 67, 68, 69 and 70 of the Act have not been commenced to date.
Sections 65 to 70 of the Workplace Relations Act 2015 make provision for certain issues in relation to the dissolution of the Employment Appeals Tribunal (EAT). |
Yes |
Commencement will take place once the EAT caseload is finalised.
It will not be appropriate to commence these provisions until the EAT is actually being dissolved.
|
The functions of the EAT have, since 1 October 2015, been taken over by the new Workplace Relations Commission (WRC) and the Labour Court under the provisions of the Workplace Relations Act 2015.
The EAT is currently working through its legacy caseload with a view to being dissolved. Whilst it is anticipated that the bulk of the caseload will be finalised in 2017, the EAT is likely to continue in residual form until this point.
|
|
S. 98 of the Copyright and Related Rights Act 2000 |
No |
N/A |
There is no intention to commence this section barring exceptional circumstances |
|
S. 199 of the Copyright and Related Rights Act 2000 |
No |
N/A |
There is no intention to commence this section barring exceptional circumstances |
|
S. 247 of the Copyright and Related Rights Act 2000 |
No |
N/A |
There is no intention to commence this section barring exceptional circumstances |
|
Section 4(2) of Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) in respect of the following enactments (i.) Mines and Quarries Act 1965 (in as much as it relates to Mines),
(ii.) Dangerous Substances Acts 1972 and 1979,
(iii.) Safety in Industry Acts 1955 and 1980, and
(iv.) Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. |
(i.) Yes
(ii.) Subject to Review
(iii.) Yes
(iv.) Yes |
(i.) Mines and Quarries Act 1965 - expected during 2017
(ii.) Dangerous Substances Acts 1972 and 1979 – subject to review
(iii.) Safety in Industry Acts 1955 and 1980 – when all sector specific Regulations have been introduced (iv.) Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995 |
(i.) Regulations to bring occupational safety and health for mines under the Safety, Health and Welfare at Work Act 2005 are being settled by the Office of the Parliamentary Counsel (ii.) Subject to ongoing review of Dangerous Substances regime.
(iii.) Regulations relating to some sectors remain to be redrafted and brought under the Safety, Health and Welfare at Work Act 2005. (iv.) Intention to introduce Regulations under the Safety, Health and Welfare at Work Act 2005 to ensure the sector specific provisions are protected under the umbrella of the 2005 Act.
|
|
Dangerous Substances Act 1972 Part II of that Act, Section 7 (1) and the Schedule to that Act in so far as they refer to the Towns Improvement (Ireland) Act 1854, the Explosives Act 1875, the Customs and Inland Revenue Act 1883, the Local Government (Ireland) Act 1898 and the Revenue Act 1909,
Section 7 (2) of that Act, and any other provision of the Dangerous Substances Act 1972, to the extent that the provision is applicable to or for the purposes of explosives within the meaning of section 9 (1) of that Act |
No |
There is no intention to introduce a commencement order for these sections as the responsibility for legislation on explosives rests with the Minister for Justice and Equality. |
Responsibility for legislation on explosives rests with the Minister for Justice and Equality. |
|
Consumer Protection Act 2007 |
It is not intended that Sections 48 and 49 of the Consumer Protection Act 2007 will be commenced as the Attorney General has advised that the provisions are incompatible with the maximum harmonisation nature of the Directive on Unfair Commercial Practices which was transposed into Irish law by the Consumer Protection Act 2007 |
N/A |
Section 48 prohibits traders, who accept payment for goods and services by different relevant methods (currently defined as cash, credit card, direct debit), from imposing additional charges by reason of customers choosing to pay for goods or services by one relevant method over another. Section 49 provides that where traders do impose additional charges by reason of the method of payment (i.e. the trader only accepts one relevant method of payment or the trader imposes the same charge in respect of all relevant methods of payment, thus falling outside the scope of Section 48) that these charges must be included in any representation of the price of the said goods or services. |
|
Companies Act: Section 4(2) in so far as it relates to Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011 (S.I. No.306 of 2011),
Sections 68(3), 981, 1191, 1248 Section 1325
Section 1325 |
No
YES
No |
To be issued when the relevant provisions in the Companies (Accounting) Bill 2016 are commenced.
A commencement order will be required should the unregistered traded company convert to a registered company pursuant to the Companies Act 2014. |
The full repeal of Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011 was not possible due to a difference in national law requirements on mergers concerning notice requirements and those provided for in the EU regulations on cross-border mergers.
A clarifying provision is necessary – due to the fact that a criminal offence is associated - to ensure that securities issued prior to the commencement of these sections remain lawful post commencement.
|
361. Deputy Anne Rabbitte asked the Minister for Jobs, Enterprise and Innovation when she will publish promised legislation to resolve anomalies in the Companies Act 2014 and reduce the compliance burden and cost for SMEs (details supplied); and if she will make a statement on the matter. [5280/17]
Amharc ar fhreagraThe Companies (Accounting) Bill 2016 was published on 5 August 2016. It passed Second Stage on 15 November and completed Committee Stage in the Dáil on 22 November. Enactment of the Bill remains a legislative priority for the Government. Accordingly, I hope Dáil Report Stage will be scheduled as soon as possible. Clearly, the timing of enactment thereafter will depend on the availability of parliamentary time.
The Bill will introduce provisions to reduce or simplify the existing financial reporting requirements for small companies. It is intended to commence these provisions shortly after enactment of the Bill.
362. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs when the national child care information system will be fully rolled out in the Dublin region; and if she will make a statement on the matter. [4954/17]
Amharc ar fhreagraInvestment in ICT infrastructure is essential to support both social workers and other staff in their work. The capital provision for Tusla, the Child and Family Agency in 2016 included provision for the continued roll out of the National Child Care Information System (NCCIS). Tusla has also been provided with the requested level of capital funding for 2017 to continue the roll out of the system. The NCCIS will operate as the central national database supporting the provision of child welfare and protection services and it is a key priority for Tusla.
The system has been piloted in Tusla’s Mid-West region (North Tipperary, Clare and Limerick). Tusla intends to roll out the system nationally in all areas between now and the end of 2018.
Access to the NCCIS system will ensure that every social work department has a user-friendly technology solution to record the case history of every child, who is the subject of a child protection or welfare concern, from the point of initial referral to case closure. The system will also have the capacity to facilitate the integration and sharing of information on child protection and welfare cases between Tusla areas where appropriate. Individuals using the system will be required to have authorised access to ensure access security, data security and client privacy.
363. Deputy Jan O'Sullivan asked the Minister for Children and Youth Affairs if the current exemption from commercial rates, which a child care service that offers only the early childhood care and education scheme can apply for on the basis of the Valuation Office's interpretation of paragraph 10 of schedule 4 of the Valuation Act 2001, will be nullified where the child care service provides wraparound care as proposed under the single affordable childcare scheme; and if she will make a statement on the matter. [4957/17]
Amharc ar fhreagraUnder Paragraph 10 Schedule 4 Valuation Acts 2001- 2015 services who provide the Early Childhood Care and Education (ECCE) programme are exempt from commercial rates on the basis that the facility is used exclusively for the provision of educational services only.
The Single Affordable Childcare Scheme will not replace the ECCE programme, but rather the current targeted programmes administered by my Department. The new Affordable Childcare Scheme is intended to provide ‘wraparound’ care for pre-school and school-age children. For the first time, it will therefore be possible for a child in the ECCE programme also to benefit from a subsidy for additional childcare use. The scheme will be open to all childcare providers who are registered with Tusla initially, including both centre-based childcare providers (e.g. crèches, preschools and daycare centres) and child-minders. Should an ECCE only service choose to enter into contract for the Single Affordable Scheme they would no longer be classed as a facility that is used exclusively for the provision of educational services only, as the Single Affordable Scheme is not an educational programme, and would therefore be subject to commercial rates.
However, my officials will be arranging to meet with the Department of Public Expenditure and Reform to discuss the issue of commercial rates for early years services shortly.
364. Deputy Shane Cassells asked the Minister for Children and Youth Affairs if a record is maintained and monitored of the number of participants on community employment child care schemes that are retained in the early year’s sector; if her Department engages regularly with the Department of Social Protection on community employment child care schemes; if so, the details of this engagement; and if she will make a statement on the matter. [4992/17]
Amharc ar fhreagraMy Department holds a record of, and monitors, the number of children who avail of the Community Employment Childcare (CEC) programme, which is one of the Training and Employment Childcare (TEC) programmes. This programme is targeted at Community Employment (CE) participants who require childcare in order to begin or continue on a CE scheme. Eligibility for the CEC programme is determined by a letter from the community employment sponsor.
My Department does not keep a record of the number of adults participating on Community Employment (CE) Schemes. The CE Scheme is administered by the Department of Social Protection who would therefore be responsible for maintaining records of participants on CE Schemes.
The CEC programmes is to be replaced by the Single Affordable Scheme, as announced in Budget 2017. My Department has liaised with the Department of Social Protection in the context of progressing the Single Affordable Scheme.
365. Deputy Michael McGrath asked the Minister for Children and Youth Affairs if she or any Minister of State in her Department uses a personal e-mail account for work purposes; the security controls in place relating to the use of personal e-mail accounts for Department related business; if her Department has a policy on this matter; and if she will make a statement on the matter. [5249/17]
Amharc ar fhreagraI conduct official business through my official Department of Children and Youth Affairs secure email account. The Department has an information and communication technology acceptable usage policy. This policy does not permit access to webmail services from its network.
366. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of her Department, or for the commencement of which her Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if she will make a statement on the matter. [5264/17]
Amharc ar fhreagraMy Department has responsibility for the following Acts, or parts of Acts, which have yet to be fully commenced, the Children First Act 2015, the Child Care (Amendment) Act 2011, the Child Care (Amendment) Act 2015, the Children (Amendment) Act 2015, the Youth Work Act 2001 and Part 11 of the Children and Family Relationships Act 2015.
Children First Act 2015
Sections 6-17 and Section 27 of the Children First Act 2015 are not yet commenced. A number of provisions of the Act have already been commenced as follows:
(i) Sections 1 to 5 and section 28 of the Act were commenced on 10 December 2015. (ii) Section 18 and Sections 20-26 were commenced on 1 May 2016.
As the Act imposes obligations on certain individuals working with children and on relevant service providers, the Minister believes it is vital that all individuals and sectors are fully prepared and ready to implement the remaining provisions of the legislation before they are commenced. To that end the Minister recently signed off on a proposal for phased and structured preparations for implementation which will allow for full commencement of these provisions by end December, 2017. These include those related to mandated reporting of child abuse, mandated assisting and the preparation of Child Safeguarding Statements by organisations providing relevant services to children.
The phased implementation timetable will also allow Tusla to undertake the significant preparatory work required to enable it to fully meet its obligations under the legislation. This will include ensuring that the appropriate internal systems are in place to deal with the intake of mandated reports by Tusla and that a suite of resources is available to support and assist all sectors in implementing the legislation. The Department is working closely with Tusla in relation to making available basic Children First training, information and resource materials.
Children and Family Relationships Act 2015 (Part 11)
As Minister for Children and Youth Affairs, I have responsibility for the commencement of Part 11 of the Children and Family Relationships Act 2015 (2015 Act). Part 11 of the 2015 Act amended the Adoption Act 2010 to provide for civil partners and cohabiting couples to be eligible to apply to adopt a child.
Part 11 of the 2015 Act was reviewed in relation to the provisions of the Adoption (Amendment) Bill 2016 and amendments were considered necessary to ensure clarity and coherence in adoption legislation. This is being achieved by the proposed repeal of Part 11 of the 2015 Act and by bringing forward the relevant provisions into the Adoption (Amendment) Bill 2016. This Bill is scheduled for Report Stage in the Seanad on 22 February.
Child Care (Amendment) Act 2015
With regard to aftercare, which is covered under sections 2 to 9 of the Child Care (Amendment) Act 2015, commencement of the relevant provisions is anticipated following the outcome of consultations with Tusla with regard to appropriate timing and the readiness of the Child and Family Agency to implement same.
With regard to the technical amendments, covered under sections 13, 14 and 15, a draft Commencement Order is currently being finalised by the Office of Parliamentary Counsel. The commencement of these sections will need to be sequenced appropriately with the commencement of related sections of the Health Act 2007 and the Child Care (Amendment) Act 2011. It is anticipated that the technical amendments will be commenced shortly.
Child Care (Amendment) Act 2011
Given the legislative framework utilised to manage the interaction between the Child Care Act 1991 and the Health Act 2007, in relation to special care provisions, Regulations to be made by the Minister for Health under the Health Act 2007 are required in advance of the commencement of these sections. These Regulations have now been finalised. A draft Commencement Order is currently being finalised by the Office of Parliamentary Council.
Section 13 of the Child Care (Amendment) Act 2011 is not commenced. Section 13 of the Child Care (Amendment) Act 2011 relates to amendments proposed to section 26 of the 1991 Act (Guardians ad litem) and these amendments which have not commenced will not now be required as they are being replaced more extensively by provisions in the Child Care (Amendment) Bill 2017.
It is not intended to make a commencement order as this Section will be repealed under the Child Care (Amendment) Bill 2017.
Section 14(b) of the Child Care (Amendment) Act 2011 is not commenced. This section proposes to amend section 27 to clarify that a reference in that section to a ‘party’ includes a reference to a GAL (section 14(b) of the Child Care (Amendment) Act 2011.
The Child Care (Amendment) Bill 2017 clarifies that a Guardian ad litem will not have party status as s/he is more in the nature of an expert witness. The amendment proposed by section 14(b) of the Child Care (Amendment) Act 2011 is not, therefore, consistent with the proposed policy direction. It is not intended to make a commencement order as this Section will be repealed under the Child Care (Amendment) Bill 2017.
Youth Work Act 2001
The Sections of the Youth Work Act 2001 yet to be commenced are Sections 8 to 16, 19 to 23 and 25 to 37.
Since the enactment of the Youth Work Act, in 2001 there have been significant policy and legislative developments that are relevant to the provision of youth services. These include the publication of the Value for Money and Policy Review of Youth Funding Schemes and the National Youth Strategy 2015-2020.
The Value for Money and Policy Review made a number of recommendations for the future operation of the youth schemes and their development in the years ahead. It recommends the development of a new evidence-based and outcomes-focussed scheme designed to secure the optimal outcomes for young people and their communities.
Work on the development of this scheme has been prioritised by my Department. I intend that the provisions of the Youth Work Act 2001 will be considered in the light of these developments.
Children (Amendment) Act 2015
The remaining sections of the Children (Amendment) Act 2015 which have yet to be commenced, as listed below, relate to the ending of the practice of detaining children in adult prison facilities, the introduction of a new system of remission in the children detention schools and a technical issue relating to the operation of the Children Court on the issuing of detention orders under the Children Act 2001. In relation to the first of these issues, this was contingent on the completion of a recruitment programme of care staff and of capital works at the Oberstown Children Detention Campus. It is intended to commence the relevant sections in this regard in 2017. An interim arrangement is in place to provide for the remission of children detention orders pending the completion of related policy work. It is intended that the relevant sections of the Children (Amendment) Act 2015 dealing with remission and the issuing of detention orders will be commenced in 2017.
Sections of the Children (Amendment) Act 2015 remaining to be commenced: 3, 4(d), 6 (as it relates to section 88B), 8, 9, 10, 16, 18, 19, 26, 27, 28, 29, 30, 32.
367. Deputy Michael McGrath asked the Taoiseach and Minister for Defence if he or any Minister of State in his Department uses a personal e-mail account for work purposes; the security controls in place relating to the use of personal e-mail accounts for Department-related business; if his Department has a policy on this matter; and if he will make a statement on the matter. [5251/17]
Amharc ar fhreagraI can confirm that I have not used a personal email account for official business.
368. Deputy Róisín Shortall asked the Taoiseach and Minister for Defence the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5266/17]
Amharc ar fhreagraThere are no Acts or sections of Acts coming under the auspices of this Department which are not in force and require the making of a commencement order.
369. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence the reason members of the Reserve Defence Force wore the peak cap during the 1916 commemorations, in tandem with their Permanent Defence Force colleagues, but have now been instructed to wear the glengarry cap as their headdress for future parades; and the way in which this instruction tallies with the single force concept. [5278/17]
Amharc ar fhreagraThe issue of military dress is a matter for the appropriate military authorities, in line with the relevant Defence Forces Regulations and Administrative Instructions, which set out in detail what can be worn by military personnel and when. Peak Caps are not part of the issue to RDF members.
I am informed, however that a temporary derogation in this regard was granted by the Deputy Chief of Staff (Support) to a limited number of RDF members, who were selected to march in the Centenary Easter Sunday Parade in Dublin in 2016, for ceremonial reasons. This derogation ended after the parade.
