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Tuesday, 28 Feb 2017

Written Answers Nos. 816-829

Child and Family Agency

Ceisteanna (816)

Donnchadh Ó Laoghaire

Ceist:

816. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs if Tusla holds records relating to children born at the Bon Secours Hospital, Tuam, Galway that may be interred in the mass unmarked burial ground there; if Tusla will provide this information to persons that are trying to trace their family members; and if she will make a statement on the matter. [10006/17]

Amharc ar fhreagra

Freagraí scríofa

This PQ has been referred to Tusla, The Child and Family Agency, for direct reply to the Deputy.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Mother and Baby Homes Inquiries

Ceisteanna (817)

Donnchadh Ó Laoghaire

Ceist:

817. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the advertising being done abroad, through Irish consulates and centres, to make Irish citizens that were adopted and now living abroad aware of the commission of inquiry into mother and baby homes. [10061/17]

Amharc ar fhreagra

Freagraí scríofa

At the outset it is important to state that the Commission of Investigation into Mother and Baby Homes (and certain related Matters) is independent in the conduct of its investigations. Therefore, the advertising strategy is a matter for the Commission to decide and I do not have any role or influence in this regard.

The Commission has written to a range of Irish groups in the UK and the USA inviting relevant people to come forward. The Confidential Committee has already visited the UK for hearings and proposes to do so again in the near future.

While I do not have a direct role the Commission's advertising strategies, I am on record of this House as encouraging any person with information which may be relevant to the Commission to contact them directly. All relevant information is on the Commission's website and can be accessed at www.mbhcoi.ie.

Commissions of Investigation

Ceisteanna (818)

Donnchadh Ó Laoghaire

Ceist:

818. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs if her attention has been drawn to concerns raised that an area under current excavation (details supplied) does not include underground cesspits which may also contain remains; if the attention of the commission of inquiry into mother and baby homes has been drawn to such concerns; and if she will make a statement on the matter. [10063/17]

Amharc ar fhreagra

Freagraí scríofa

In accordance with section 9 of the Commissions of Investigation Act 2004, it is essential to recognise that the Commission is independent in the performance of its functions. Therefore, the precise approach to its investigation is a matter for the Commission to decide and progress. I do not have any role or influence in these decisions.

If the Deputy, or any person, has information which they believe can assist the investigation, I would encourage them to contact the Commission directly by email at info@mbhcoi.ie or on the confidential freephone number at 1800 80-66-88.

Mother and Baby Homes Inquiries

Ceisteanna (819)

Donnchadh Ó Laoghaire

Ceist:

819. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs when the second interim report of the commission of investigation into mother and baby homes will be published; and if she will make a statement on the matter. [10064/17]

Amharc ar fhreagra

Freagraí scríofa

I am committed to publishing this Report. Given the scope of the Commission's work a number of issues in the Report extend beyond the remit of my Department and it has been necessary to consult with Cabinet colleagues and the Attorney General on these matters.

I am sensitive to the concerns of former residents and their expectations for an early publication date. I hope to conclude this process as quickly as possible.

Adoption Records Provision

Ceisteanna (820)

Donnchadh Ó Laoghaire

Ceist:

820. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs if she will consider requesting an audit of adoption records to ascertain the scale of illegal and forced adoption that occurred within the State, particularly those associated with mother and baby homes; and if she will make a statement on the matter. [10065/17]

Amharc ar fhreagra

Freagraí scríofa

I do not propose to request that a full audit of adoption records is undertaken.

Living Wage Implementation

Ceisteanna (821)

Niall Collins

Ceist:

821. Deputy Niall Collins asked the Minister for Children and Youth Affairs the cost of implementing a living wage of €11.50 per hour for all employees directly employed or in agencies funded by her Department; and if she will make a statement on the matter. [10095/17]

Amharc ar fhreagra

Freagraí scríofa

I would refer the Deputy to Parliamentary Question 896 dated 21 July 2016 which provided material on the above question.

Since that time and based on current staffing numbers, there has been no appreciable change in the estimated implementation costs for my Department and Tusla, the Child and Family Agency. I can also confirm that no additional cost would arise in respect of the Adoption Authority of Ireland and the Oberstown Children Detention Campus. The Office of the Ombudsman for Children will be in touch with the Deputy directly in relation to the impact on staff in their office.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Child Care Services

Ceisteanna (822)

Kathleen Funchion

Ceist:

822. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs the way applications by persons and registrations and payments to Tusla registered child care providers will work with respect to the targeted subsidy (details supplied). [10220/17]

Amharc ar fhreagra

Freagraí scríofa

The policy paper for the introduction of the Affordable Childcare Scheme was approved by Government in October 2016. Since then, officials of the DCYA and Pobal have been working intensively to plan for the implementation of this Scheme.

This is an extremely complex and ambitious project because of what is involved – legislation, new business processes, data protection and building a new IT system. We will need to integrate data from the Department of Social Protection and the Office of the Revenue Commissioners so that the system can calculate every family’s net income and ACS subsidy. We will need to test the IT system rigorously to make sure of applicability, even in complicated family circumstances.

Because of all the matters mentioned above, the fully automated system will be delayed. However, we are working intensively to ensure a satisfactory interim measure is in place and that the fully automated system for the Affordable Childcare Scheme is introduced as soon as possible.

Full information on the Scheme, including process for applications, registrations and payments, will be made available to childcare providers well in advance of its introduction, and change management supports will be provided to all participating childcare services.

Information and Communications Technology

Ceisteanna (823)

Kathleen Funchion

Ceist:

823. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs when the IT system for both the universal and targeted subsidy will be fully automated (details supplied); and if her Department is factoring in a reasonable amount of time to be allowed to services and county child care committees to become familiar with the system themselves prior to it being automated. [10221/17]

Amharc ar fhreagra

Freagraí scríofa

The policy paper for the introduction of the Affordable Childcare Scheme was approved by Government in October 2016. Since then, officials of the DCYA and Pobal have been working intensively to plan for the implementation of this Scheme.

This is an extremely complex and ambitious project because of what is involved – legislation, new business processes, data protection and building a new IT system. We will need to integrate data from the Department of Social Protection and the Office of the Revenue Commissioners so that the system can calculate every family’s net income and ACS subsidy. We will need to test the IT system rigorously to make sure of applicability, even in complicated family circumstances.

Because of all of the issues mentioned above, the fully automated system will be delayed. However, we are working intensively to ensure a satisfactory interim measure is in place and that the fully automated system for the Affordable Childcare Scheme is introduced as soon as possible.

Full information on the Scheme will be made available to parents and childcare providers well in advance of its introduction, and change management supports will be provided to all participating childcare services.

Mother and Baby Homes Inquiries

Ceisteanna (824)

Catherine Murphy

Ceist:

824. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs the number of persons that have given evidence to the commission of investigation into mother and baby homes confidential committee; the number of persons that have given evidence to the commission of investigation into mother and baby homes investigation committee; the number of persons that have been refused an opportunity to give evidence to the commission of investigation into mother and baby homes; the number of persons that have given evidence to the commission of investigation into mother and baby homes confidential committee and that have subsequently been invited to a hearing at the commission’s investigation committee; and if she will make a statement on the matter. [10278/17]

Amharc ar fhreagra

Freagraí scríofa

In accordance with section 9 of the Commissions of Investigation Act 2004, it is essential to recognise that the Commission is independent in the performance of its functions. Therefore, I do not have access to the information sought by the Deputy. The engagement with witnesses is a matter for the Commission to manage and progress and I do not have any role or influence in this regard.

The Deputy may wish to contact the Commission directly at info@mbhcoi.ie or on the confidential free phone number at 1800-80-66-88.

Early Years Strategy Implementation

Ceisteanna (825)

Niall Collins

Ceist:

825. Deputy Niall Collins asked the Minister for Children and Youth Affairs if consideration will be given to the circumstances outlined in correspondence (details supplied); and if she will make a statement on the matter. [10403/17]

Amharc ar fhreagra

Freagraí scríofa

The Child Care Act 1991 (Early Years Services) Regulation 2016 provide that each employee working directly with children attending a service must hold at least a major award in early childhood care and education at Level 5 on the National Framework of Qualifications (NFQ) or a qualification deemed by to be equivalent. While under the Early Childhood Care and Education (ECCE) Grant Funding Agreement, registered childcare providers must ensure that pre-school leaders hold a at least a major award in early childhood care and education at Level 6 on the NFQ.

This particular service provider runs a pre-school in a rural area in Co Limerick. She made an application to my Department for qualifications assessment last year. The ultimate outcome of this application was that she met the minimum requirements under the Child Care Act 1991 (Early Years Services) Regulations 2016, and not the minimum requirements under the ECCE Grant Funding Agreement.

It is my understanding that this service has no member of staff who meet the requirement for a room leader at the standard capitation rate for ECCE (i.e being a relevant major award at Level 6 or more on the NFQ). Following a direct appeal by the service provider, my Department permitted her to run the ECCE programme for the 2016 / 2017 programme year, as an exception to the usual Grant Funding Agreement requirements. This was permitted on a one-off basis and this is the only provider within the ECCE scheme for whom this temporary exception was made.

In allowing this exception, my Department was mindful that this service is in a rural area, which lacks many alternatives for pre-school provision. Also, I understand that when the qualification assessment was communicated to this service provider, it was nearing the end of the 2015 / 2016 programme year, and she had many bookings already for the 2016 / 2017 programme year.

My Department took into account the service provider's situation specifically that the local community would have very little time to make alternative arrangements, given the lack of ECCE services in the area. The service provider was clear that it was her intention to retire following the 2016 / 2017 programme year, but that she wished to offer the 2016 / 2017 ECCE year in order to facilitate and support the local community and give adequate notice that her service would not function beyond this time.

In view of the circumstances, and to support the service provider's efforts to provide an ECCE service for her community for a further year, an official from my Department wrote to her and stated that she would be allowed to deliver the ECCE programme for the 2016 / 2017 programme year. However, this situation as it stands cannot be allowed to continue beyond that time frame under any circumstances.

I wish to emphasise that my Department cannot allow services which are not compliant with the contractual requirements, under the ECCE Grant Funding Agreement, to continue to remain within our programmes. Therefore there can be no flexibility on the outcome of this service provider's qualification assessment unless she adjusts the staffing in her service to meet the contractual requirements of the ECCE programme. If she does not employ a room leader with the appropriate qualification, she will not be allowed into contract for the 2017 / 2018 programme year.

I would also like to inform you that my Department has no prior knowledge that this service provider is a retired primary school teacher, and has received no documentation to that effect.

Tribunals of Inquiry Data

Ceisteanna (826)

Michael McGrath

Ceist:

826. Deputy Michael McGrath asked the Minister for Children and Youth Affairs the tribunals established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2011, in tabular form; the number of days each tribunal sat; the gross cost of each tribunal; and if she will make a statement on the matter. [10767/17]

Amharc ar fhreagra

Freagraí scríofa

My Department was established on the 2nd June 2011. No tribunals have been established to date under the Tribunals of Inquiry (Evidence) Acts 1921.

Naval Service

Ceisteanna (827)

Michael Healy-Rae

Ceist:

827. Deputy Michael Healy-Rae asked the Taoiseach and Minister for Defence his views on a matter (details supplied) with regard to the Naval Service; and if he will make a statement on the matter. [9668/17]

Amharc ar fhreagra

Freagraí scríofa

The main day to day role of the Naval Service is to provide a fishery protection service in accordance with the State's obligations as a member of the European Union. These patrols are carried out on a regular and frequent basis.

Boardings of fishing vessels are carried out in order to verify compliance with a wide range of fisheries legislation, and in order to monitor fishing activity. There is no obligation on the Naval Service to provide prior notice to board and inspect foreign fishing vessels.

European Court of Human Rights Rulings

Ceisteanna (828)

David Cullinane

Ceist:

828. Deputy David Cullinane asked the Taoiseach and Minister for Defence the plans his Department has in place to reflect in law the European Court of Human Rights ruling ECHR 280 (2014) which found that the blanket ban on trade unions within the armed forces is a violation of Article 11, freedom of assembly and association, of the European Convention on Human Rights; and if he will make a statement on the matter. [9579/17]

Amharc ar fhreagra

Freagraí scríofa

There have been a number of judgements by the European Court of Human Rights in respect of the French military and also findings in a recent case brought to the European Committee on Social Rights by the Association of Garda Sergeants and Inspectors (AGSI), the outcomes of which will require very careful consideration.

In a non-binding ruling, the European Committee on Social Rights (ECSR) found that current arrangements for industrial relations in An Garda Síochána are not in compliance with aspects of the European Social Charter:

- Article 5 of the Charter (the right to organise) on grounds of the prohibition against police representative associations from joining national employees’ organisations;

- Article 6.2 of the Charter (the right to bargain collectively) on grounds of restricted access of police representative associations to national pay agreement discussions; and

- Article 6.4 of the Charter on grounds of the prohibition of the right to strike of members of the police force.

In the light of these ECSR findings, a complaint to the Council of Europe about the lack of union rights for military Representative Associations in Ireland was made by EUROMIL a European ropean umbrella body for military associations, on behalf of PDFORRA. PDFORRA are similarly claiming most of the same violations of the European Social Charter as AGSI did, including denial of the right to join the ICTU, alleged restricted access to pay talks, and the prohibition on the right to strike. Detailed final submissions were lodged to the European Committee on Social Rights on 26th February 2016 setting Ire land’s position in the matter and we are awaiting now the outcome of the case.

Defence Forces Remuneration

Ceisteanna (829)

Aengus Ó Snodaigh

Ceist:

829. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence the number of enlisted Defence Forces personnel that are in receipt of income support; and if he will make a statement on the matter. [9620/17]

Amharc ar fhreagra

Freagraí scríofa

Rates of remuneration and conditions of employment in each part of the Irish public sector have traditionally been set by reference to levels of pay available in related public sector employments. In this regard, the level of remuneration in the Defence sector has maintained relativity with the levels available in other related public sector employments.

I fully appreciate that many of our citizens continue to face some difficulties in the current environment, including members of the Defence Forces. The Government is making every effort, within available resources, to support all those who face hardship. In addition, there are various schemes in place through the Department of Social Protection, including Family Income Supplement, to support those on low incomes.

The circumstances surrounding an application for Family Income Supplement, or indeed any other scheme operated by the Department of Social Protection, is a private matter between the applicant and the Department of Social Protection. I am, therefore, not aware of the eligibility of individual members of the Permanent Defence Force to receive such allowances, or the total numbers of Defence Force members that may be in receipt of this financial support. Various factors can give rise to such claims. However, the important thing is that, despite the difficult economic environment we have witnessed over the last few years, the Government has maintained this important safety net for families who by virtue of their particular circumstances require financial support.

In terms of remuneration going forward, the new Public Service Pay Commission (PSPC), announced by my colleague the Minister for Public Expenditure and Reform, has been tasked with providing objective analysis and advice on the most appropriate pay levels for the public service, including the Defence Forces.

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