Written Answers Nos. 1-48
10. Deputy Josepha Madigan asked the Minister for Children and Youth Affairs if choice will exist for those seeking to avail of adoption information and tracing services; if Tusla will be the sole provider; and the extra resources which will be allocated to Tusla to deal with likely increased demand for its services (details supplied). [22172/17]
Amharc ar fhreagraAt present, adoption information and tracing services are provided on an administrative basis by Tusla, the Adoption Authority of Ireland and by six bodies that have been accredited by the Authority under the Adoption Act 2010.
I am aware of the expertise and professionalism of the agencies currently accredited for this purpose. However, the Bill is carefully balanced to allow a statutory agency to provide sensitive personal information about a birth parent to an adopted person without consent. This provision is supported by a suite of measures to ensure that the birth parent's constitutional rights are safeguarded. From a legal perspective, I am advised that the transfer to non-statutory agencies of the information required to provide a service may not be compatible with the protection of rights that the Bill aims to provide. For this reason, Tusla will be the sole provider of adoption information and tracing services under the Bill.
I should emphasise that legislation will operate on a presumption in favour of disclosing information in so far as is legally and constitutionally possible. It provides clarity regarding the information that can be provided and the circumstances in which it can be provided. It provides that an adopted person aged 18 years or over who was adopted before the proposed legislation comes into operation, will be provided with his/her birth certificate information, as held on record, following a request to Tusla, subject to certain conditions. An adopted person may request information about his or her birth parents, the existence of birth relatives, and the adopted person's early life circumstances. They can also request their own medical information, and medical information regarding a birth relative where this is likely to be of relevance to the maintenance or management of the physical or mental health of the adopted person or his or her relative. Where this information is held on record, it can be provided to an adopted person without consent. The Bill also provides that the Adoption Authority will be responsible for collecting, restoring, preserving and the safekeeping of all adoption records.
A key concern in this Bill will be to achieve a fair and reasonable balance between the rights of adopted persons and their birth parents. I believe we can get this balance right, and I look forward to discussing the Bill further as it progresses through both Houses.
13. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if she will address concerns that up to 9,000 families that were to receive a targeted level of subsidy under the single affordable childcare scheme will now receive the universal level of subsidy instead; and her plans to support childcare affordability for these families, particularly if prices rise under the single affordable childcare scheme, as is anticipated. [22334/17]
Amharc ar fhreagraI am pleased to confirm that major improvements in childcare subsidies will come into effect this September, including increases of up to 50% in targeted childcare subsidy rates and a new universal childcare subsidy for children aged between 6 and 36 months. September’s changes will be delivered through existing childcare schemes, pending the introduction of the Affordable Childcare Scheme (ACS), which will come into operation at the earliest possible date.
It is estimated that up to 70,000 children will benefit from childcare subsidies from September, which would more than double the number of beneficiaries of existing schemes. I want to stress that these figures – and also figures on ACS take-up– are estimates. The take-up of childcare subsidies depends not just on eligibility, but on parental demand for childcare and on the availability of childcare places. Given the expected level of parental demand, it was estimated that 79,000 children would benefit from the ACS during its first year of operation. The estimated difference of 9,000 this September is partly accounted for by children aged 3 and older whose family incomes are above the threshold for a GP Visit Card but below the threshold for the ACS. The difference is also partly accounted for by children aged 3 and older whose parents may be eligible for a GP Visit Card – or other eligibility criterion – but have not taken it up.
An information campaign in the coming weeks will aim to minimise low take up through raising awareness among parents about eligibility. In such cases, the families we are talking about generally have incomes near the maximum income-threshold for the ACS, and the subsidy payable under the targeted elements of the ACS would therefore be small. Further, in such cases, when children are aged less than 3, their families will be able to benefit from the universal, non means tested subsidy of up to €80 per month .
We are not anticipating widespread price rises as a result of increased subsidisation of childcare. Of course, prices are entirely at the discretion of childcare providers. However, the scope for price increases will be constrained by the fact that some parents with children aged over 3 will not receive a subsidy. Nevertheless, my Department will keep the matter under active review.
14. Deputy Clare Daly asked the Minister for Children and Youth Affairs her plans for an alternative legal solution for illegally adopted persons that have been prejudged by the mother and baby home commission's failure to request the full facts on illegal adoptions from the Adoption Authority of Ireland; and if she will make a statement on the matter. [22316/17]
Amharc ar fhreagraThe Commission of Investigation into Mother and Baby Homes is independent in the performance of its functions. The approach to its investigation is a matter for the Commission and I do not have any information on its engagement with the Adoption Authority or other individuals, groups or corporate bodies.
In its Second Interim Report, which I published on the 11th of April, the Commission acknowledges that the term ‘illegal adoption' is used to cover a wide range of situations and actions including the incorrect registration of a birth. The Commission sympathises with the need for people in such situations to establish their true identity but reports that “it is difficult to see what assistance could be provided by further investigation.” The Report notes that “not even a national DNA database would assist all of the people.”
The Commission suggests that an amnesty from prosecution may help “to encourage those responsible to come forward and correct the record.” The legal implications and practicalities of any such amnesty need considerable further consideration and I will explore this matter further with the Minister for Justice and Equality and the Minister for Social Protection, in conjunction with the Office of the Attorney General.
The Adoption Act 1952 provided a legal basis for adoption in Ireland. This brought order to what had been the system of ad-hoc arrangements in lieu of formal adoption procedures up to this point. Prior to the introduction of the Adoption Act 1952 some children were placed in life long family care arrangements, where a child was in the custody of a person other than his or her parent or guardian and where no adoption order was effected. These arrangements were never formalised.
The Adoption (Information and Tracing) Bill 2016 was published on 23 November 2016. As the Deputy will be aware, this Bill is intended to facilitate access to adoption information and operates on the basis of a presumption in favour of disclosing information in so far as is legally and constitutionally possible. The Bill will, for the first time, provide a statutory basis for the provision of information related to both past and future adoptions. It will provide clarity around the information that can be provided and the circumstances in which it can be provided. The Bill provides that adopted persons, birth parents, relatives, a person who was in an informal arrangement where no adoption order was effected, and persons whose birth was incorrectly registered, can engage with the adoption information and tracing services to be provided by Tusla.
15. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the reason the Government has not recommissioned the SAVI report; and if she will make a statement on the matter. [22331/17]
Amharc ar fhreagraI believe that the first report on Sexual Abuse and Violence in Ireland (SAVI 1) made a valuable contribution to our understanding of the area. I am supportive, in principle, to an appropriate follow-up study, and I will pursue this further with the Tánaiste, whose Department leads on this area.
The Department of Justice and Equality plays a whole-of-Government role in this area through the National Office for the prevention of Domestic, Sexual and Gender-based Violence (Cosc). That Department has indicated that it is investigating the resource implications and approaches to identify a ring-fenced funding stream for undertaking this body of work.
I understand that the proposal for a second Sexual Abuse and Violence in Ireland (SAVI 2) research project envisages a significant level of expenditure over a three year period by the Department of Justice and Equality, the Department of Health, the Department of Education and Skills and my Department. The overall expenditure has been estimated to be approximately €920,000 over three years, of which €230,000 is being sought from my Department.
Apart from the funding of existing commitments relating to the Growing Up in Ireland Study, my Department has only a very limited commissioned research budget. The majority of this budget has been committed for 2017 and 2018.
In relation to the prioritisation of expenditure, Tusla has advised my Department that its priority in this area is aimed at enhancing its knowledge regarding Domestic, Sexual and Gender-based Violence in order to support the planning and commissioning of services. To this end, Tusla is working with funded service provider organisations to implement standard data gathering and reporting mechanisms and to address data quality issues.
In addition, Tusla advises that, in implementing its obligations under both the Istanbul Convention and commitments under the Second National Strategy on Domestic, Sexual and Gender-based Violence, it will be examining how to address specific research and evidence needs to inform future commissioning and to support the measurement of outcomes.
Finally, there are important public procurement considerations, and accordingly, in order to be compliant with public procurement rules, any commissioned research funded by my Department is subject to the procurement process.
16. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which all allegations regarding the abuse of children or vulnerable young adults in institutions, foster homes or otherwise in the care of the State have been fully investigated or are in the course thereof; the action taken or pending to prevent reoccurrences; and if she will make a statement on the matter. [22327/17]
Amharc ar fhreagraTusla holds the statutory responsibility for child welfare and protection, and is the appropriate body to receive reports relating to the safety and well-being of a child. This applies to children under the age of 18, living in their own home or living in care. Each referral received by Tusla is assessed and dealt with on an individual basis by the relevant social work team.
Any complaint or allegation of abuse made by a child in care is dealt with urgently and seriously. Children First procedures apply to the investigation of the allegation. The safety and well being of the child are the key priority.
There are safeguards surrounding each child care placement, whether foster or residential care. Placements are supervised by a professionally qualified social worker, and the provision of care services is monitored by Tusla management and subject to inspections by the Health Information Quality Authority and by Tusla Registration Services.
The Deputy should also be aware that children in care have access to independent advocacy supports, such as the organisation Empowering People in Care, or EPIC. Children in care also have access to the complaints mechanism in Tulsa, and may make complaints, or be assisted to make complaints, about their care to the Office of the Ombudsman for Children.
We have a strong set of child protection measures, and have made significant improvements in recent years - but we cannot be complacent. Increased funding for Tusla in Budget 2017 provides additional capacity for Tusla to respond to areas of identified risk and anticipated demand. It will also allow Tusla to progress key service developments during 2017.
17. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs if her Department has given consideration to a streamlining of the inspections system for the early years sector in order to decrease the amount of administrative work carried out by services. [22310/17]
Amharc ar fhreagraDeputy, the safety and protection of our children is always the top priority – I know the whole house will agree on that. Inspection of the early years sector is important to ensure our children are safe and to make sure education quality and standards are met.
As someone who has more than three decades experience working and campaigning with the sector I am also aware that inspections, administration and red tape remains one of the main challenges. Clearly there is a balance to be struck. As Minister I am committed to a coherent, streamlined inspection system which does not require us to compromise on child protection issues, quality and high standards.
The Early Years Inspectorate at Tusla and the Inspectorate in the Department of Education and Skills both conduct inspections. Each focuses on different aspects of the services – Tusla on safety and protection, the Department of Education and Skills on quality. Deputy, such dual inspection regimes are not uncommon and in fact operate in several other countries and jurisdictions. Despite the unique focus of both the inspection units they are committed to working closely together in order to avoid unnecessary administrative burdens on, or disruption to, early years services.
My own officials also lead a group called the Operations and Systems Alignment Group. In addition to both inspection units it also involves other bodies including Pobal and the Early Years Specialist Unit. Its ongoing work is to ensure that the approach taken is the most efficient – including the sharing of data and reaching agreement on scheduling visits in advance.
I accept there has been a settling down period between the two inspection units, bearing in mind the Department of Education Inspectorate is still in its first year in operation. I am assured that the levels of co-operation will increase as the relationship between both units becomes more firmly established.
18. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs when she expects the second part of sustainability funding for community early years to be made available; the status of long-term sustainability funding for the sector; and if she will make a statement on the matter. [22309/17]
Amharc ar fhreagraIn 2017, I have made €1m of additional funding available to childcare providers who have been facilitating the training of Community Employment participants, to ensure that regulatory changes do not hinder service delivery or the availability of childcare places.
There are two phases to this funding. The first is for HR and recruitment supports, while the second will provide funding to pay the costs of the required additional staff until September 2017 in the first instance. I am making up to €2,000 available for services initially, to assist with the recruitment process or to provide expert support in HR management. I understand that all but one of the services impacted have now accessed this funding.
County Childcare Committees are now working closely with the affected services on the second phase to establish the amounts, and timing, of the payments that they will need to maintain services. Funding is available now, but it is not possible to issue payment until services can identify their need; nor would it be prudent to issue flat-rates, as each service has different needs. My officials are committed to progressing applications as soon as they are received.
In the longer term, the question of sustainability must be addressed comprehensively, and at the core of this is working with community services to develop adequate funding streams and business models.
The Deputy will be aware that I have recently announced a significant expansion and extension of the funding available under the Community Childcare Subvention from September of this year; which I anticipate will be of significant assistance to families but also to services. In addition arrangements are progressing for the provision of 'non-contact time' funding to services this summer, amounting to €14.5m per annum. I will also be examining how the €1m sustainability funding provided for 2017 can be used in 2018, and I will be working with the sector and stakeholders in this endeavour.
I have asked my officials to progress the Independent Review of the Cost of Childcare as a priority. This will seek to build a comprehensive picture of the drivers of cost in community - and private- services, and will inform future funding models and Estimate processes.
Improving access to high quality and affordable childcare remains a key priority for me as Minister for Children and Youth Affairs.
19. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs the progress that has been made on the identification of the bodies found in the mother and baby home in Tuam; the location of the deceased; if the facilities are sufficient to allow identification of the remains; the progress that has been made in contacting members of the public that may have family members among the deceased; and if she will make a statement on the matter. [22176/17]
Amharc ar fhreagraThe discovery of human remains by the Commission of Investigation into Mother and Baby Homes has deeply affected many people. I have visited the site of the former home in Tuam and met with former residents and their families, so I am acutely aware that many people are experiencing a great deal of anxiety and anticipation for what might happen next. For these reasons it is very important that Government and all relevant agencies respond sensitively and respectfully to these issues, with particular regard for the hurt and pain involved for those directly connected to the former Tuam Mother and Baby Homes.
While the Commission has concluded its physical excavations in Tuam, it has not yet reached any formal conclusions about the site. The Commission is continuing its comprehensive programme of work and the facts which will be established by its investigations will further assist relevant authorities.
The Government is mindful that there are many questions to which people understandably want answers, including the matters raised by the Deputy. Since the Commission announced the discovery of human remains at this location, the Government has been working to establish an inclusive process which can engage with interested parties with a view to building a consensus on how these sensitive issues could be addressed. It is essential that this process respects the memory and dignity of the deceased children who lived their short lives in this home.
As Minister for Children and Youth Affairs my focus is on bringing a coordinated approach to this process which by necessity involves a number of Government Departments and State agencies with specific roles in respect to these issues. Galway County Council are the owners of the site and I have met with my colleague Simon Coveney TD, Minister for Housing, Planning, Community and Local Government, to discuss the central role of the Council in actively progressing matters. As part of these discussions, I am considering the potential for specialist expertise to provide additional technical advice and assistance. I also understand that Galway County Council has been liaising directly with the Commission and has written to the Coroner around these matters.
While it will take some further time to resolve all the questions which have arisen, it is important to again reassure the public that the site has been sealed and secured by the Commission to protect the remains which are interred pending the outcome of current deliberations.
22. Deputy Brendan Smith asked the Minister for Children and Youth Affairs if consideration will be given to a request for funding for a youth project (details supplied) in view of the growing demand for a range of services provided by this organisation; and if she will make a statement on the matter. [22319/17]
Amharc ar fhreagraIn recent weeks I was delighted to approve funding of €800,000 for the establishment of new youth projects and the augmentation of a small number of existing youth services to meet new challenges arising from population increases. This additional investment will be provided in regions of the country where there is a pressing need for services to meet the needs of young people.
The network of sixteen Education and Training Boards, including Cavan and Monaghan ETB, has been invited to nominate locations within their catchment areas for the establishment of new services and to nominate a project or service to be considered for augmentation. The closing date for nominations was yesterday, 10th May. I hope to announce details of the successful areas and projects in the coming months following a comprehensive assessment process of the applications.
A number of funding schemes supporting youth services, including the "Young People’s Facilities and Services Fund", were the subject of a Value for Money and Policy Review in 2014. The review made a number of recommendations for the future operation of the youth schemes and their development in the years ahead. Work on the development of a new funding scheme has been prioritised by my Department and consultations with youth services are continuing with a view to introducing the new youth funding programme in line with the review. The new services being established in 2017 will be in line with recommendations of the Value for Money and Policy Review.
Future funding decisions will also be informed by a recent mapping exercise which has provided a detailed social demographic profile, in terms of population number and deprivation levels, with existing youth service provision mapped onto the data.
23. Deputy Martin Heydon asked the Minister for Children and Youth Affairs if she will review the number of family resource centres in County Kildare in view of the level of current centres relative to population, in particular, community centre locations in Kildare town and Castledermot as possible locations for new family resource centres in the future; and if she will make a statement on the matter. [22337/17]
Amharc ar fhreagraI thank the Deputy for his question.
Tusla, the Child and Family Agency administers the Family Resource Centre Programme. Under the Programme Tusla provides financial support towards the running costs of Family Resource Centres (FRCs) nationwide. There are currently two FRCs in County Kildare that receive funding under the Programme. They are based in Newbridge and the Curragh.
The total core funding allocation for FRCs in Kildare last year was €214,000.
I recognise that County Kildare has experienced a significant increase in its population base, and that there is a strong demand for services in the area. If additional funds are sought by Tusla and allocated to the Programme in the future, there will be scope to review the potential to increase the level of support provided to centres.
I should emphasise that Family Resource Centres are not owned and managed by Tusla - rather Tusla provides financial support to the centres. The establishment of new Family Resource Centres does not come under the remit of Tusla.
24. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the number of cases relating to adult retrospective disclosures which have been referred to Tusla since 2011; the number that remain unallocated; and the number of those which are deemed high risk. [22330/17]
Amharc ar fhreagraA historical or retrospective disclosure is where an adult discloses abuse experienced in childhood. I understand that the overwhelming majority of such disclosures are about sexual abuse.
Tusla has advised me that there were 1,895 historical/retrospective cases on hand at the end of March 2017. Tusla has also indicated that, included in these cases, they received 354 reports from adults about past abuse during the first three months of this year. Of the cases on hand, 1,141 were allocated to a social worker, and 754 were awaiting allocation. All of these referrals have been reviewed by a social worker and 120 were categorised as high priority.
This is a very complex and worrying situation. The safety of children now is my top priority.
It is very important to point out that all child protection referrals which allege current or past criminal activity are referred to An Gardaí Síochána. Tusla’s focus is to screen historical/retrospective disclosures for any indication of current risk to children. In cases of urgent need, the disclosure is acted on immediately.
Tusla has a limited role where there is no evidence of a current risk to children. In relation to the adult making the disclosure, Tusla may assist them in accessing HSE counselling services.
Tusla's policy in assessing risk relating to an adult about whom an allegation of sexual abuse has been made is strictly guided by the principles set out in the Barr Judgement. In such cases, the person must be informed of the nature of the allegation and the identity of the person who is making the complaint. Tusla must adhere to the practice of due process and fair procedure.
Tusla has put in place a service improvement plan with experienced social workers dealing with the high priority cases. Medium and lower priority cases will be dealt with by social workers drawn from other services and provided with training and supervision.
I have asked Tusla to report to me monthly on the progress they are making.
25. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the steps both Tusla and her Department have taken to ensure that the accommodation of unaccompanied child refugees from the Calais camp is taking place without delay; if she has satisfied herself with the results to date; and if she will make a statement on the matter. [22339/17]
Amharc ar fhreagra33. Deputy Mick Wallace asked the Minister for Children and Youth Affairs the position regarding the arrival of unaccompanied child refugees from the former Calais camp; the number of child refugees that are now fully integrated and living here since the programme began; and if she will make a statement on the matter. [22338/17]
Amharc ar fhreagraI propose to take Questions Nos. 25 and 33 together.
I am delighted to report to the Deputy that good progress has been made with regard to this issue. Recently, I was informed that to date 21 children have come to Ireland through the Calais Special Project (CSP). Of these 19 children are now in care placements and a further 2 children, in keeping with our process of assistance, were reunited with family members.
I would like to note that carrying out such an important mission in a safe and effective manner is no small task. From the granting of refugee status under the International Protection Act 2015 to the arrival of a child into safety and security in Ireland a detailed process must occur. Social workers meet the children in France to assess their needs in terms of education, health, linguistic knowledge, family ties and recent experiences. This process improves the capacity of the placement organised for the child to meet their needs, and provide whatever additional services are required. It is this thoughtful approach that lays the foundations for a successful care placement, facilitating human flourishing.
Preceding our progress to date, there has been an all-Government response aimed at efforts to address the plight of the young people who were previously in the unofficial camps near Calais. Tusla has put in place a Calais Special Project to manage the aspects of this response that come within its remit. There has been positive coordination between the relevant State bodies. Our current progress has been augmented by the support and guidance of the International Organisation for Migration, Irish Refugee Protection Programme, International Protection Office, the French Ministry of the Interior, the French Red Cross, the Irish Embassy in France, and the United Nations High Commissioner for Refugees.
As Minister for Children and Youth Affairs, I welcome the results of our humanitarian effort to date and the course we are on with respect to the Dáil resolution passed last November.
26. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she will consider making necessary funding available to a centre (details supplied) to purchase their existing building and for renovations. [22192/17]
Amharc ar fhreagraI thank the Deputy for his question.
My officials have already received correspondence on this matter, and have consulted with Tusla in this regard.
First of all, I would like to acknowledge the valuable work of Family Resource Centres (FRCs). I very much value the positive impact of their work in supporting families and local communities. FRCs provide a holistic service of child, family and community support and advocacy. This allows for early identification of need, provision of appropriate interventions, and timely referrals to appropriate services.
The FRC in question has received funding under Tusla's Family Resource Centre Programme since 2004. Core funding from Tusla covers the employment of a full-time Co-ordinator, a part-time Development Worker and a part-time Administrator. It should be emphasised that Tusla is not the sole funder of FRCs.
Tusla has advised me that this FRC offers early intervention support to families in difficulty and it has experienced financial pressures over recent years. In 2016, Tusla provided funding of €82,940 to support the Centre in its work.
I recognise the benefits that additional space would bring to this FRC, and I understand the wish of its Board of Management to secure the property. Tusla is continuing to support the Centre with a contribution towards the running costs but is not in a position to provide funding for the purchase of the property.
27. Deputy Margaret Murphy O'Mahony asked the Minister for Children and Youth Affairs the steps she is taking to address the issues and concerns raised in the recent Mary case; and if she will make a statement on the matter. [22360/17]
Amharc ar fhreagraInitiatives to address the findings of the care review for "Mary" have been put in place that will, at the very least, minimise the risk of a reoccurrence of this kind of event. Actions have already been taken by the HSE and Tusla which address the findings of the report.
The HSE and Tusla have published a joint protocol to promote the best interests of children in care with a serious disability, I am assured it is being implemented. This is strengthening the collaborative structures between Tusla and the HSE in this area. The protocol clarifies the separate and distinct roles of both agencies and will in particular ensure joint and effective management of the transition to adult services of young people leaving care with a disability or who have complex mental health issues.
“Mary” is a young woman with an intellectual disability who continued to reside in her former foster placement on reaching adulthood, when a retrospective allegation of child sexual abuse had been made against one of the foster carers. “Mary” was an adult when the allegation was reported and a safeguarding plan was put in place.
It is important to note that the case review was clear that there was a high level of commitment to "Mary" by the individual Tusla, HSE and NGO staff involved in her care. I am also mindful that, while an allegation was made, there has been no evidence of any wrongdoing involving children placed with the foster family, or involving "Mary" herself.
I want to acknowledge that the Government response was a collaborative effort between myself, Minister Harris and Minister McGrath, with the unflagging support of Ministers McEntee and Byrne.
28. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the number of young persons under and over 18 years of age that were on a waiting list to access an aftercare worker at the end of 2016 by area, in tabular form; the average length of time a young person spends on the waiting list before gaining access to an aftercare worker; and if she will make a statement on the matter. [22333/17]
Amharc ar fhreagraTusla has informed me that in 2016, a total of 605 young persons left care that year. The reason for this being that they had reached 18 years of age. At the end of 2016, Tusla has indicated that 1,055 young persons in care were aged 16 or 17 years of age. Of these 432 (41%) had been allocated an aftercare worker. Tusla has advised that it does not collate data on the waiting periods before an aftercare worker has been assigned. I have made the tabular data requested by the Deputy available for inclusion in the record of the House.
Each year, approximately 500-600 young persons will turn 18 years of age while in care. In recent times, I understand that about 75% of 17 year olds in care were in foster placements, a further 20% approximately were reported to be placed in residential settings. The remaining 5% are in other settings, for example a disability setting or supported lodgings.
I am conscious that the transition to independent adulthood can be challenging for many young people. This is particularly true for children and young people in care. Planning for leaving care needs to begin in the years prior to leaving care and continue as part of the care planning process. This preparatory work is facilitated by a social worker and is based on collaboration with the young person, their carers and partner agencies. It is specific to the individual young person's needs. During the preparation for leaving care an aftercare worker is introduced to the young person. They are involved in the preparation for the leaving care process.
Tusla prioritises children in residential care, and short term foster care, for the early allocation of an aftercare worker. Children in long term foster care, with an allocated social worker, have their aftercare plan developed with the social worker. If their plan is to remain living with their foster carers, on a case by case basis, it may be considered best practice that they would be allocated an aftercare worker when they are in their 17th year. I believe that this is a pragmatic approach which matches needs to available resources.
There are pending amendments to the Child Care Act 1991 which will place a statutory obligation to provide an aftercare plan before the young person leaves care. I intend that this provision will be commenced shortly. I have secured the funding needed to recruit additional aftercare workers to enable Tusla to deliver this new commitment in full.
In some situations, the child's social worker may continue in the role of an aftercare worker when the child reaches 18 years. My Department is working to implement the changes that are needed. There is no doubt that improvements are needed and I intend to ensure that they happen.
Children 16 & 17 years with an allocated aftercare worker at end December 2016
|
Area |
Number of 16 & 17 year olds in care |
Number with allocated aftercare worker |
|
Dublin South East/Wicklow |
48 |
33 |
|
Dublin South West/Kildare/West Wicklow |
91 |
31 |
|
Dublin South Central |
62 |
8 |
|
Midlands |
63 |
49 |
|
Dublin North City |
121 |
26 |
|
Dublin North |
56 |
27 |
|
Louth/Meath |
70 |
39 |
|
Cavan/Monaghan |
19 |
10 |
|
Kerry |
24 |
17 |
|
Cork |
143 |
52 |
|
Carlow/Kilkenny/South Tipperary |
70 |
6 |
|
Waterford/Wexford |
59 |
20 |
|
Donegal |
29 |
19 |
|
Sligo/Leitrim/West Cavan |
22 |
22 |
|
Mayo |
20 |
20 |
|
Galway/Roscommon |
63 |
24 |
|
Midwest |
95 |
29 |
|
National Total |
1,055 |
432 |
29. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she will recommend that the mother and baby home commission extend the sampling method as established in the terms of reference to include the six institutions currently excluded from the full inquiry, but included partially in exit pathways; and if she will make a statement on the matter. [22317/17]
Amharc ar fhreagraAs the Deputy will be aware, under the terms of reference set out in S.I. No. 57 of 2015, the Commission of Investigation into Mother and Baby Homes (and certain related Matters) is currently investigating the 14 named Mother and Baby Homes and a representative sample of County Homes. Section 14 of the Commission's terms of reference states that the Commission has the discretion to use such sampling techniques or selection of samples as it may determine. This provision is intended to assist the Commission to effectively and comprehensively investigate those matters within its terms of reference.
It is not fully clear from the question which specific institutions the Deputy is referring to or whether the suggested course of action is compatible with the provisions of the Commission of Investigations Act 2004. In regard to making recommendations to the Commission of Investigation into Mother and Baby Homes (and certain related Matters) the Deputy will be aware that the Commission is independent in the performance of its functions.
The Second Interim Report of the Commission which I published on the 11th April 2017 did not make any recommendation regarding an extension of their terms of reference. The Commission stated that it was satisfied that the institutions it is investigating are ‘unquestionably’ the main such homes that existed during the 20th century and that it does not currently recommend that other institutions be investigated.
I am conscious that the Commission's terms of reference already include mechanisms to ensure that any additional matters which the Commission may deem to warrant investigation can be brought to the attention of Government. However, I have committed to a scoping of the Commission's terms of reference to see if broader terms of reference would help answer additional questions now arising and will carry it out with a focus on allowing the Commission to complete its existing work in the first instance. The Commission will be consulted as part of this process in accordance with the Commission of Investigations Act 2004 .
30. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs her plans to tackle the lack of availability of early years service provision to those under three years of age; and the work being undertaken by her Department to ensure that there is not a monopoly of early childhood care and education provision in the services for babies under three years of age. [22311/17]
Amharc ar fhreagraData from Pobal’s Early Years Sector Profile 2015-2016 suggests that 22% of enrolments in regulated childcare in 2016 were children less than 3 years old, which is an increase on the 16-17% figures of recent years. However, my Department is aware that there is anecdotal evidence of a reduction in places for children from birth to three in centre based care, as some service providers have adapted their service offering to children aged three and older, due to increased state investment for this age group. Pobal will conduct this profile on an annual basis so that my Department can continue to actively monitor the situation.
The affordability measures introduced by my Department commencing this September will significantly increase targeted childcare subsidies, including to children under three years of age, and will for the first time provide a universal subsidy for up to 33,000 children under the age of three of up to €20 per week. This new subsidy marks an important investment in the 0-3 years age cohort, supporting all parents of children under three in registered childcare providers that take part in the scheme.
When the Affordable Childcare Scheme is introduced, subsidy rates will, for the first time, vary according to the age of the child. The highest subsidy rates will be provided to the youngest children, reflecting the higher cost of providing childcare to younger age groups as a result of differences in the adult-child ratio required by regulations. It is expected that the higher subsidy rates for younger children will incentivise childcare providers to increase the availability of places for children less than 3 years old in particular.
Earlier this year I announced a capital funding scheme that will provide €3 million for additional childcare places for children in the 0-5 age range, which may include provision for children aged less than 3.
In addition, I have established The Early Years Forum to allow these, and other issues of relevance, to be discussed with key stakeholders in the sector. The Forum has enabled consultation and engagement between me, key officials from my Department, and key representatives of the sector. My Department has established three sub-groups to provide recommendations on how to address issues raised during Forum meetings.
One of these sub-groups, the Under 3’s working sub-group of the Early Years Forum, has been tasked with identifying practical, impactful measures which could be implemented to support and sustain provision for children aged up to three years in Early Childhood Education and Care (ECEC). This sub-group has already met on three occasions and I am looking forward to receiving their recommendations.
31. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs the status of her commitment to a process of transitional justice for survivors of mother and baby homes; and if she will make a statement on the matter. [22307/17]
Amharc ar fhreagraMy commitment to a Transitional Justice approach is intended to directly support the cohort of unmarried mothers and their children who were resident for a time in a Mother and Baby Home or County Home. While the independent statutory investigation progresses its work, I wish to develop complementary gender-sensitive transitional justice mechanisms which could support and empower former residents of these institutions and their families. The focus will be to further acknowledge the experiences of former residents and to enhance public awareness and understanding of a range of past abuses and human rights failures.
As previously outlined I have asked Dr. James Gallen of the School of Law and Government, Dublin City University, to map out a potential model of ‘transitional justice’ as a means of giving voice to former residents of Mother and Baby Homes and County Homes. Dr Gallen is currently preparing a framework document to inform my deliberations which will be submitted to the Department in the coming weeks.
The work of the Commission of Investigation into Mother and Baby Homes and certain related matters is a vital step in the process to establish the facts of what happened to vulnerable women and children in these institutions. The transitional justice approach is intended to complement the work already significantly advanced by the Commission.
34. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which she and her Department have identified potential threats to children and young persons, including children with special needs; the extent to which adequate staff are available to her office to ensure full and rapid investigation; the identification of issues such as cyber abuse or other issues deemed to affect the stability and security of young persons; if she anticipates the introduction of further regulations to address such issues; and if she will make a statement on the matter. [22328/17]
Amharc ar fhreagraI wish to assure the Deputy that Tusla, the Child and Family Agency, deals immediately with emergency cases, including for instance, if a child has been abandoned or is in immediate physical danger or at immediate risk of sexual abuse. Social work duty teams keep high priority cases under review by regularly checking to ascertain risk to the child, and where necessary will reprioritise the case. I would note that the issue of internet safety, including the making of any regulations, generally comes under the remit of my colleague, the Minister for Justice and Equality. However, officials from my Department are aware of such potential threats including the sexual exploitation of young people. These concerns were taken into consideration in the development of the new Children First Guidelines.
A joint protocol for interagency collaboration has been recently published together by Tusla and the HSE and both agencies are committed to implementing it across the country. The protocol clarifies the separate and distinct roles, responsibilities and legal requirements of both agencies and will ensure joint and effective management of the transition of young people with a disability and / or complex mental health issues to adult services. The objective of the protocol is to provide clarity for children and families whose needs cross between the HSE and Tusla, the Child and Family Agency. It also seeks, among other things, to ensure that services are child and family centred and eliminate the potential for fragmentation or duplication. This is a highly significant protocol governing how children in care and young people in aftercare access disability-related services. The Protocol also provides for a clear escalation process that can be used by Tusla or the HSE should an issue arise, or if there is an unresolved matter regarding access to appropriate, available services.
Each referral received by Tusla is assessed and dealt with on an individual basis by the relevant social work team. Tusla's policy is to refer child welfare referrals to relevant family and community support services. At any stage, if a determination is made that there is abuse, whether physical, emotional, sexual or neglect, from which there is an ongoing risk of significant harm, the child protection pathway is followed. In a minority of cases this may lead to the child being placed on the Child Protection Notification System (CPNS) or the child being received into care.
35. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the details of comments by the Minister for Transport, Tourism and Sport in 2015 regarding software costing €6.5 million that had been purchased and was to be ready in late 2016 to help prove delivery of fixed charge notices; the status of this software; if it is in use; the parameters of this software; and if she will make a statement on the matter. [22490/17]
Amharc ar fhreagra43. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the cost of issuing fixed charge notices in each of the years 2015 to 2016 and to date in 2017; the estimated cost of issuing fixed charge notices by registered post based on the numbers issued in each of the years 2015 to 2016 and to date in 2017; and if she will make a statement on the matter. [22489/17]
Amharc ar fhreagraI propose to take Questions Nos. 35 and 43 together.
In so far as Question 35 is concerned, I am happy to report that the primary legislation necessary to underpin the third payment option from a technical perspective, the Courts (No. 2) Bill 2016, completed its passage in the Seanad yesterday, 10 May 2017 and has now concluded its passage through the Houses of the Oireachtas. Following the signature of the new legislation by the President, a commencement order will be made to commence this legislation on 1 June 2017 along with the commencement of the third payment option itself via the commencement of Part 3 of the Road Traffic Act 2010, as amended. The implementation of the third payment option has involved ongoing collaboration between a number of key stakeholders - An Garda Síochána, Courts Service, Department of Transport, Tourism and Sport and my Department - and will be the culmination of a number of years work. The project has been overseen by the Criminal Justice (Fixed Charge Processing System) Working Group, jointly chaired by my Department and the Department of Transport, Tourism and Sport, and has been a standing agenda item at the Working Group's meetings.
It is anticipated that the commencement of the third payment option will lead to a further increase in fixed charge amount payment rates, as a result of the provision of an additional/third opportunity to pay the fixed charge amount. In addition, the commencement of Section 38 of the 2010 Act on 1 June 2017 as part of the suite of fixed charge offences/FCN provisions for commencement under Part 3 of the 2010 Act, will provide that FCN service can be exercised by posting the FCN to the alleged offender. In addition, certain presumptions have also been provided for, where the matter proceeds before the Courts, allowing for evidence of postage to be provided by An Post (or another post provider) to assist the presiding judge to challenge oral evidence whereby the accused claims not to have received the FCN in the post. The introduction of the third payment option is also expected to impact on summons service by bringing about a reduction in the volume of road traffic offence cases proceeding to court.
In tandem with the third payment option, I can also inform the Deputy that work is underway in Department of Transport, Tourism and Sport to progress the Master Licence Record (MLR) project, which will entail linking the vehicle and driving licence database of the National Vehicle Driver File. The project will facilitate the application of penalty points to driving licences, thereby improving the effectiveness of road traffic enforcement measures. To enable the MLR, multiple system and process changes will need to be implemented across a number of organisations, including the Courts Service, which will take some time to design and develop. The Working Group is also responsible for monitoring and overseeing progress on the MLR project and the provision of a progress report on the Master Licence Record project is a standing agenda item at the Group's meetings.
I have requested a Garda report on the matters referred to in the Deputy's Question 43 and will contact the Deputy directly on receipt of a Garda report.
The following deferred reply was received under Standing Order 42A
The cost of issuing Fixed Charge Notices and the estimated cost by registered post in each of the years from 2015 to 2017 to date is as follows:
|
2015 |
2016 |
2017 (4 Months) |
|
|
Postage |
€0.28 m |
€0.25 m |
€0.082 m |
|
Estimated cost of Registered Post |
€2.6 m |
€2.4 m |
€0.95 m |
36. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the annual cost of a company's (details supplied) speed vans since the contract was awarded to it; and if she will make a statement on the matter. [22398/17]
Amharc ar fhreagra37. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of speeding fixed charge notices issued by a company (details supplied) each year since the contract was awarded to the consortium; the number of those fixed charge notices that were paid on time annually; the number that progressed to court annually; and if she will make a statement on the matter. [22399/17]
Amharc ar fhreagra38. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of speeding fixed charge notices issued by a company (details supplied) that progressed to court annually; the number per District Court which have resulted in conviction annually; the number which have been struck out per District Court and the reason for same; and if she will make a statement on the matter. [22400/17]
Amharc ar fhreagra39. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of speeding fixed charge notices issued by a company's (details supplied) speed vans that progressed to conviction in court annually, per District Court; the number per District Court of persons that had their licence numbers recorded upon conviction; and if she will make a statement on the matter. [22401/17]
Amharc ar fhreagraI propose to take Questions Nos. 36 to 39, inclusive, together.
I have requested a Garda report on the matters referred to in the Deputy's questions and will contact the Deputy directly on receipt of a Garda report.
I can inform the Deputy that the Courts Service is not in a position to provide the courts data requested in the Deputy's questions, as Courts Service systems cannot differentiate between "Speed Vans" operated by the named company and those operated by An Garda Síochána.
The following deferred reply was received under Standing Order 42A
Payments under the Safety Camera Contract which cover the cost of speed vans is presented and summarised in the following table. This covers the period since the award of the contract to date.
|
Vendor Name |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 January - 15th May |
|
Payments to Go Safe |
€228,494 |
€15,842,378 |
€15,613,641 |
€17,036,733 |
€17,226,130 |
€17,278,953 |
€14,156,144 |
€4,728,579 |
40. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality her plans to seek a review of the UNCHR policy in relation to resettlements of refugees here and in other countries with respect to the policy of deprioritising of children with long-term illnesses for resettlement in view of a recent report (details supplied); and if she will make a statement on the matter. [22410/17]
Amharc ar fhreagraWhile Ireland works closely with the UNHCR in relation to resettling refugees here, the policies adopted by the UNHCR in seeking to carry out its vital work are of course a matter for that organisation. I understand, however, that the UNHCR strives to identify the people most in need of resettlement, and that it generally prioritises refugees for resettlement based on vulnerability criteria, such as women and girls at risk, people with disabilities and health needs, and survivors of torture.
41. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of road traffic offences before the courts in each of the years 2015 and 2016 and to date in 2017 in which automatic number plate recognition data were used; the number of convictions that resulted from these cases; the number struck out and the reasons for strike-out; and if she will make a statement on the matter. [22487/17]
Amharc ar fhreagra42. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of criminal offences before the courts in each of the years 2015 and 2016 and to date in 2017 in which automatic number plate recognition data were used; the number of convictions that resulted from these cases; the number struck out and the reasons for strike-out; and if she will make a statement on the matter. [22488/17]
Amharc ar fhreagraI propose to take Questions Nos. 41 and 42 together.
I sought a report from Courts Service in relation to the matters referred to in the Deputy's questions and can inform the Deputy that the Courts Service is not in a position to supply the information sought. The reason for this is that Courts Service systems cannot differentiate between prosecutions arising through the use of automatic number plate recognition data and any other methods of number plate recognition, for example, an intercept by An Garda Síochána where the number plate recognition is by Garda eyesight.
44. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if Ireland will opt out of the proposed reforms to the common European asylum system and in particular to the proposed Dublin regulation, the asylum procedures regulation, reception conditions directive, the European Union agency for asylum regulation and the qualification regulation; and if she will make a statement on the matter. [22526/17]
Amharc ar fhreagraIn May and July of last year, the European Commission published two packages of measures to reform the Common European Asylum System (CEAS) – seven legislative proposals in total, including those referred to by the Deputy in her question.
These measures aim to address the identified shortcomings in the current CEAS, which were exposed during the migration crisis, most notably in 2015, when the number of people arriving in the EU to claim protection reached its highest levels since the end of World War II.
Under the EU Ordinary Legislative Procedure, both the Council and the European Parliament as co-legislators will adopt the Commission’s proposals, following their negotiation. This complex process of negotiation is ongoing, both at the Asylum Working Party level for the Council and by the Parliament’s appointed Rapporteurs in the preparation of their Committee Reports. All seven proposals are considerably inter-linked and are being discussed in parallel to ensure a cohesive outcome to the reform process. We are playing an active role in these negotiations. In addition, progress on the negotiation of the CEAS reforms is regularly discussed at the meetings of the Justice and Home Affairs Council and at the European Council.
Under Article 4 of Protocol No. 21 annexed to the TEU and to the TFEU, Ireland can notify the Council and the Commission of its wish to opt in to a measure at any time after its adoption. As the texts of the proposals have yet to be finalised and adopted, no decision has been taken as to whether or not we will opt in to any of the measures. Any future decision to opt in to a measure, having fully considered all of the potential implications for our own international protection process, which has recently been fundamentally reformed by the introduction of the International Protection Act, will be subject to the approval of both Houses of the Oireachtas.
45. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of applications made under section 18(4)(a) of the Refugee Act 1996 in each of the years 2013 to 2016; the number of successful applications for same; and if she will make a statement on the matter. [22537/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service of my Department that statistics are not maintained in a way which distinguishes between section 18(3)(a) and 18(4)(a) applications under the Refugee Act 1996. Overall, there have been around 2,400 applications during the period and it would take a disproportionate amount of resources to manually compile the figures requested by the Deputy thus diverting staff from the core task of application processing.
46. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality the steps she has taken in relation to strengthening the Fraud Act 2001 with regard to gambling on sporting events; and if she will make a statement on the matter. [22541/17]
Amharc ar fhreagraPart 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (as amended) deals with theft and related offences. For instance, section 6 of the Act provides that a person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence. A person guilty of an offence under section 6 is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both. While I do not have any plans at present to amend the legislation in question, I will continue to keep the matter under review.
I might add that, as has been recently conveyed to the House, it remains the intention to proceed with gambling legislation at the earliest opportunity. The preparation of a Gambling Control Bill continues on that basis. However, it should be acknowledged that it will require some significant updating to take account of developments since 2013, when the General Scheme of the Gambling Control Bill was published. The preparation of the legislation will be a major and complex undertaking.
47. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the position regarding the gambling control Bill; and if she will make a statement on the matter. [22542/17]
Amharc ar fhreagraAs I have previously conveyed to the House, it remains the intention to proceed with gambling legislation at the earliest opportunity including under the powers of the Minister for Justice and Equality under the gaming and lotteries legislation which have been delegated to me as Minister of State. The preparation of a Gambling Control Bill, and of a number of related early measures for inclusion in the General Scheme of the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill, continues on that basis. I intend to move forward as quickly as possible with the appropriate measures on both of these fronts. I can also confirm that it remains my intention to bring forward the main Gambling Control Bill for government approval and publication later this year.
Work on the preparation of the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill is at an advanced stage in my Department. The General Scheme for this Bill will contain a range of provisions, many of them technical in nature, that are expected to relate to such matters as electronic courts services and some early amendments, as previously signalled, to gaming legislation. In that regard, we expect to bring forward a number of useful modernisation and clarification measures to the outdated Gaming and Lotteries Act 1956. In particular, it is hoped to address issues concerning minimum age for gambling activities, realistic stake and prize amounts and a clearer setting out of the circumstances for the conduct of certain activities. It is anticipated that the General Scheme of the Civil Law and Courts (Miscellaneous Provisions) Bill will be brought to Government by the Tánaiste soon for approval both to publish it and to submit it for pre-legislative scrutiny and for detailed drafting to the Office of the Parliamentary Counsel.
In parallel to these imminent measures, work also continues in bringing forward the main Gambling Control Bill building on the General Scheme that was published in 2013. The preparation of legislation providing for the regulation of a large, multi-million euro economic activity, with significant cross-border and electronic on-line operations, will be a major and complex undertaking.
In support of this work, I published, on 23 February 2017, a study by University College Dublin under Dr. Crystal Fulton which I had commissioned at the end of 2016. The aims of the study, entitled "Developments in the Gambling Area - Emerging trends and issues supporting the development of policy and legislation in Ireland", were to identify developments in the area of gambling, inclusive of all aspects of gambling such as technological innovation and international legislation, and, to identify new or emerging legislative and policy issues in the area of gambling not currently represented in the original General Scheme and which may need to be addressed in new legislation. The study can be accessed through the internet link http://justice.ie/en/JELR/Pages/PB17000062.
Along with officials of my Department, I am continuing to consult with relevant stake-holders. In that spirit, I look forward to discussing quite soon the gambling measures that will be contained in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill and, after that, to discussing the main Gambling Control Bill when it, in turn, is approved by Government for publication.
48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which procedures can be put in place to regularise residency as per submissions in relation to persons (details supplied); and if she will make a statement on the matter. [22591/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the applications for residency, in respect of the persons mentioned by the Deputy, are currently under consideration and that INIS will be writing out to the persons concerned very shortly.
Might I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
