Written Answers Nos. 316-326
317. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the degree to which the number of illegal adoptions by adoptive parents living in other countries has been determined; the extent to which acknowledgment, reconciliation or agreement in regard to such has been progressed; and if he will make a statement on the matter. [15672/22]
Amharc ar fhreagraDetermining the precise number of illegal adoptions by adoptive parents living in other countries is a complex task, not least because this practice was often a secretive process carried out without due regard to the rights and dignity of those involved. However, today the safeguards in the adoption acts ensure that the best interests of the child are the paramount consideration in all adoption cases.
Following Tusla's discovery in early 2018 of evidence of illegal birth registrations in the files of the St. Patrick's Guild adoption society, the Government instructed Tusla to inform the affected individuals. Some of these cases involved persons living in other countries.
In March 2021 I asked Professor Conor O'Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022 I published the report which sets out 17 numbered recommendations.
Recommendations 8-12 relate to creating a Specialist Tracing Service that would take a two-pronged approach to identifying further cases of illegal birth registration. Firstly, it recommends a review and trace of the files flagged by Tusla as raising suspicions of illegal birth registration, but which fell short of the amount of evidence in the St. Patrick Guild files during the Independent Review. Secondly, it recommends creating a right of expedited review for persons who hold reasonable suspicions that they may have been the subject of an illegal birth registration.
On the first point, I will request Tusla to review these files to see if illegal birth registrations can be confirmed. Where they can be, I will direct Tusla to inform the affected individual in an ethical and sensitive manner. I will provide the relevant legal underpinning for this review through the Birth Information and Tracing Bill and prior to issuing a formal request to Tusla.
On the second point, through the Birth Information and Tracing legislation, a person who suspects that their birth was illegally registered will have the right to request an expedited review of their case.
In the coming months, my priority will be to deliver the Birth Information and Tracing Bill, which will robustly fulfil the vast majority of the report's recommendations and ensure significant support for people affected by an illegal birth registration.
318. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which efforts are being made to identify and accommodate children deemed to be at risk, whether refugees or Irish nationals; and if he will make a statement on the matter. [15673/22]
Amharc ar fhreagra321. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which his Department is satisfied that adequate services are available to children at risk; and if he will make a statement on the matter. [15676/22]
Amharc ar fhreagra327. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which his Department has identified women and children deemed to be at risk; the extent to which adequate services have been made available to meet any such exigencies; and if he will make a statement on the matter. [15683/22]
Amharc ar fhreagraI propose to take Questions Nos. 318, 321 and 327 together.
Tusla, the Child and Family Agency, is the statutory body with responsibility for child protection and welfare services.
If a child appears to be at risk of harm or neglect, the concerns should be reported to Tusla. Anyone can report a concern about a child to Tusla, and information on how to do so is available on the Tusla website. If a child is at immediate risk or in danger, An Garda Síochána (AGS) should be alerted without delay.
Tusla acts urgently on notification of an immediate risk to a child. Children who are in a situation of immediate risk may initially be dealt with by AGS or by Tusla, but in the main both agencies work together in such cases. Referrals to Tusla increased by 8% in 2021.
Gardaí have specific powers under Section 12 of the Child Care Act to remove a child from a situation of danger, and under Section 13 of that same act, to deliver that child into the custody of Tusla. Tusla will at that point carry out an assessment to determine the child's needs. This may in some cases include applying for an Emergency Care Order. In all cases, a plan will be put in place to ensure that the child is safe from harm. Where a child is already in care, Tusla will make a determination as to whether the child is safe in their placement or if they need to be moved.
Tusla has a dedicated social work team for Separated Children Seeking International Protection (SCSIP). Over the past 20 years the SCSIP Team has developed expertise through Ireland's participation in International Refugee Protection Programmes and by caring for separated children seeking international protection who arrive unannounced at Irish ports and airports.
SCSIP who arrive at ports of entry to Ireland are referred to Tusla for a child protection needs assessment. In the first instance, Tusla makes every attempt to contact relatives of the child and to reunite the child with family members or friends. If children cannot be reunified with family or friends, they are received into the care of Tusla.
These children are placed by Tusla either in small specialist residential care centres, or with specifically recruited foster families under a Fáilte Foster care programme. The children are automatically entitled as children in care to a medical card and access to education services. In addition, a Social Worker is allocated to them to develop a care plan and monitor the progress of the child/young persons care. The care plan may involve specialist English language tuition, intensive educational supports and therapeutic work in respect of trauma.
The basis for care of a SCSIP is different from the general child in care population as they are received into care for protection and welfare reasons due to their separation from their primary carers, which can be as a consequence of war or persecution. Children who arrive in Ireland outside of a dedicated refugee programme are supported in their application for refugee status.
Assisting children with reunification with their families has evolved to be a key piece of the support social workers provide to those who are eligible to apply. Where relevant the process of reunification is started as soon as the young people come to the attention of Tusla.
As the Deputy may be aware, the Government launched a public awareness campaign on domestic abuse during COVID-19 with a new website stillhere.ie. The campaign was developed by the Department of Justice in collaboration with frontline services including Women's Aid, Safe Ireland, Dublin Rape Crisis Centre, Rape Crisis Network Ireland, National Women's Council of Ireland and Men's Development Network. The campaign sought to reassure victims that services are 'still here', and that victims are being prioritised. The website stillhere.ie has details of support services, including recourse to AGS, for anyone at risk or experiencing domestic abuse in their home.
319. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he and his Department can offer assistance to children and families fleeing from the war in Ukraine; and if he will make a statement on the matter. [15674/22]
Amharc ar fhreagraThe International Protection Accommodation Service (IPAS) has a number of officials from my Department at Dublin Airport each day. A reception desk has been set up and officials are meeting incoming Ukrainian refugees to aid them with accommodation needs - streamlining the transfers from the airport to the accommodation.
Each Ukrainian national that arrives at Dublin Airport is provided with a permission letter confirming they have been granted Temporary Protection under the EU Directive, which allows for temporary protection for at least one year.
This means Ukrainian nationals fleeing the conflict will be allowed to work and have been given access to health services, accommodation, education for children and other social supports. Details of the new measure have been published on the Department of Justice's Irish immigration website - www.irishimmigration.ie.
Added to that, the Department of Social Protection officials at the points of entry provide PPSNs which enable those arriving to access all the services that our country can offer.
Tusla, the Child and Family Agency, has a significant role, as part of the State's overall response, to support children and families displaced from Ukraine, as a result of the war and coming into Ireland. Tusla is committed to balancing the needs of families in a humanitarian crisis, with its child protection responsibilities, and requirement to support families and promote the welfare of children.
Tusla has always been available to come to a port to assist immigration authorities where a separated child seeking international protection arrives in the State. Tulsa has been advised that 88% of all Ukrainians are arriving in Ireland through Dublin Airport and has a Social Worker present at Dublin Airport providing a duty service from 10am until 2am the following day. The social worker will ensure all State authorities at the airport are aware of the referral process for child protection concerns and (ii) assist with screening for indicators of potential child trafficking.
320. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he will become involved in the organisation of facilities and services for children and the parents of children and refugees of the war in Ukraine; and if he will make a statement on the matter. [15675/22]
Amharc ar fhreagraI can confirm that accommodation is being made available by the International Protection Accommodation Service (IPAS) of my Department to those Ukrainian refugees in need of accommodation. IPAS is scaling up its operations as the number of arrivals increase.
My Department is currently sourcing accommodation from hotels and guesthouses. It has also engaged with the Association of Missionaries and Religious of Ireland, the Defence Forces, the Health Services Executive (HSE) and higher education institutions to identify buildings that could potentially be repurposed for use to accommodate refugees.
Local Authorities have completed a survey for the Department of Housing of buildings in their local areas that could be repurposed for this purpose. My Department is working actively with the Department of Housing and the City and County Management Association to extend the supply of buildings with the potential to accommodate refugees.
We appreciate that many people may wish to make offers of accommodation to support those persons seeking temporary protection in Ireland. The Government has worked with the Red Cross to put in place a national pledge. The website is available online through registerofpledges.redcross.ie. There has been a remarkable response by the public – already there have been over 20,000 pledges received.
My Department has published a FAQ document on its website to help aid any questions people may have and more information on supports and services has been published at www.gov.ie/ukraine.
322. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he proposes to use equality as a means of ensuring proper and adequate services to those deemed to be in need of such services; and if he will make a statement on the matter. [15677/22]
Amharc ar fhreagra328. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which his Department continues to monitor any breaches of equality legislation, whether of a gender, race or sexuality origin; the extent to which any correction required is in hand; and if he will make a statement on the matter. [15684/22]
Amharc ar fhreagraI propose to take Questions Nos. 322 and 328 together.
All public bodies have responsibility under Section 42 of the Irish Human Rights and Equality Commission Act 2014 to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans. The public sector duty assessment and implementation for the Department of Children, Equality, Disability, Integration and Youth was published in 2021 and the Department will continue to report on developments relating to the implementation of the Duty in its Annual Report.
Discrimination on specified grounds is prohibited by law in the field of employment under the Employment Equality Acts 1998 to 2021 and in the supply of and access to goods and services under the Equal Status Acts 2000 to 2018. Complaints regarding breaches of equality legislation may be pursued before the Workplace Relations Commission. The Workplace Relations Commission publishes statistics regularly on its decisions in regard to equality complaints, disaggregated by discriminatory ground.
I am conducting a review of the Equality Acts to examine, among other issues, the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality. This exercise includes a public consultation during 2021 which remained open for contributions until December 2021 and these submissions are now being examined. The review will also look at the degree to which the legislation is effective in ensuring equal access to services.
The Irish Human Rights and Equality Commission, which is independent in the exercise of its statutory functions, includes among those functions keeping under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality, including in relation to the provision of goods and services.
323. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he proposes to address issues affecting persons with disabilities, whether in relation to access to jobs, housing or social services; and if he will make a statement on the matter. [15678/22]
Amharc ar fhreagraIreland currently has two major whole-of-government national disability strategies, which exist to address the challenges and break down the barriers faced by people with disabilities. Both are coordinated by my Department and constitute a strategic policy and action framework for acting on disability issues, in consultation and collaboration with people with disabilities, other disability experts, family members, disability organisations and disabled persons organisations.
The National Disability Inclusion Strategy (NDIS) 2017-2022 includes measures to support people with disabilities in all aspects of their lives. The Comprehensive Employment Strategy is focused on providing equal opportunities for access to fair employment and retention of employment.
The NDIS is a key framework for policy and action to address the needs of persons with disabilities in Ireland. The Steering Group drives and monitors progress across the Strategy and is chaired by Minister of State for Disability Anne Rabbitte T.D. and includes representatives of several Government Departments and Agencies and the Disability Stakeholder Group (DSG).
The NDIS specifically supports effective progress in delivering on the obligations set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), where Government's policy is one of progressive realisation, each year moving forward on key reforms, with the obligations arising from the Convention being met over time. Initial priority has been given to meeting legislative commitments.
The Comprehensive Employment Strategy for People with Disabilities 2015-2024 (CES) is the primary disability employment policy initiative in Ireland. The CES's strategic priorities are to build skills, capacity and independence, to provide bridges and supports into work, to make work pay, to promote job retention and re-entry to work, to provide co-ordinated and seamless supports and to engage employers.
Implementation of the Strategy is undertaken through agreed action plans and is monitored by an Implementation Group with an independent chairperson, Mr Fergus Finlay. Currently the group is developing a final Action Plan for the period 2022 – 2024.
Both of these strategies provide an ongoing, coordinated and holistic platform for addressing issues affecting persons with disabilities whether in relation to access to jobs, housing or social services, with actions in each Strategy targeted at these and other areas of significance. Both I and my colleagues in Government are committed to continuing to drive progress under the Strategies.
324. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the manner in which he proposes to address issues of the need for suitable jobs for persons with disabilities; and if he will make a statement on the matter. [15679/22]
Amharc ar fhreagraThe Comprehensive Employment Strategy for People with Disabilities 2015-2024 (CES) is the primary disability employment policy initiative in Ireland. It is a cross-government approach, bringing together actions by Government Departments and Agencies to address the barriers and challenges to employment of all persons with disabilities. The CES's strategic priorities are to build skills, capacity and independence, to provide bridges and supports into work, to make work pay, to promote job retention and re-entry to work, to provide co-ordinated and seamless supports and to engage employers. Each Department is responsible for delivering and implementing the actions assigned to it to achieve the strategic priorities and for reporting on those to the CES Implementation Group.
Implementation of the Strategy is undertaken through agreed action plans and is monitored by an Implementation Group with an independent chairperson, Mr Fergus Finlay.
Currently the group is developing a final Action Plan for the period 2022 – 2024. The Phase III Action Plan will focus on driving progress across those areas that will have the greatest impact for people with disabilities. I look forward to seeing the finalised Plan in the coming weeks.
Some key progress to date includes a range of calibrated supports for jobseekers and employers in taking on employees with disabilities provided by the Department of Social Protection, measures to improve access to and uptake of further and higher education, the ability to defer day places for school leavers with disabilities to allow pursuit of continuing education or employment, the funding and development of the Employers for Change Service which provides advice and guidance to employers in becoming "disability confident", and initiatives like the "Towards Work" programme.
Recognising the lead role of the Public Service in this area, I will also introduce legislation in the coming weeks to double the target number of people with disabilities employed in the public sector from 3% to 6% via the forthcoming Assisted Decision-Making Capacity (Amendment) Bill.
325. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the number of children currently in the various forms of care, institutional or otherwise; the degree to which he is satisfied with the level and quality of the care in all such situations; and if he will make a statement on the matter. [15681/22]
Amharc ar fhreagraTusla have provided us with their most recent figures for the number of children in care,from December 2021 monthly.
- Total # children in care = 5,863
- Total # in foster care general = 3,768
- Total # in relative foster care = 1,498
- Total # in residential general care = 446
- Total # in residential special care = 16
- Total # in other care = 138 (i.e., at home under a care order, supported lodgings and so on).
Tusla is committed to promoting quality and safe practice in all areas of alternative care, including residential care and foster care. Safe practice is defined as the implementation of appropriate safeguarding measures necessary for working with young people in a manner that acknowledges their need to live in as normal an environment as possible. All children have the right to be cared for, fulfil their potential and be protected from harm.
Once a child has been received into care, the most crucial task for the social worker is to find a placement that matches that child's needs. Children, depending on their identified need, may be placed in foster care either with relatives or general foster carers, in residential care, special care or other placement types. A key part of the social worker role is to develop, in consultation with the child and relevant others, a care plan which will guide the quality and safety of the child's placement, and to meet with the child on a one to one basis on all visits. There are safeguards surrounding each child's care placement, whether foster or residential care, and all placements are supervised by a professionally qualified social worker.
Regulations govern the placement of children in care. These provide for the welfare of the child, the care practices, care records, accommodation and safety precautions. The Regulations also provide that the allocated social worker oversees the implementation of the child's care plan, visits the child and consults with family members, foster carers and other people involved with the child to ensure that his or her needs are being met and that the care being provided is optimal.
HIQA carries out announced and unannounced inspections of children's services including Child Protection and Welfare Services, Foster Care Services, statutory Children's Residential Centres and Special Care units. HIQA carry out these inspections against Regulations and Standards, by reviewing files on site, interviews and questionnaires with staff and service users and their families. Following an inspection, HIQA share their initial judgements and draft report with the service/area. HIQA then works with the management of the centre or area in order to agree an Action Plan to address any identified deficits. Final reports are published, and are submitted to the Department with the area or service's Action Plans and are monitored as necessary by DCEDIY officials.
Tusla has policies and procedures for responding to concerns, allegations and complaints made by or on behalf of children in care. This includes ensuring all allegations, concerns, and complaints by children in care are taken seriously and receive the required response as stated in policies within Tusla. In addition, the Ombudsman for Children and Tusla's own National Review Panel will report on specific topics relating to the work of Tusla which prompts further improvements in Tusla services.
The foregoing sets out the safeguards in place with regard to all placements of children in care. Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards are addressed in this context.
326. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which his Department continues to liaise with youth representatives in County Kildare and nationally; and if he will make a statement on the matter. [15682/22]
Amharc ar fhreagraOfficials from my Department meet with various youth organisations on an individual basis when the need arises, in regular formal meetings with individual organisations or as a group, and by maintaining informal contacts.
Throughout Covid-19, the Department engaged with a representative group from the sector on pandemic specific issues including the regular updating of national guidelines for the youth sector relating to COVID. This group will meet again as needed to address any changes in public health guidance.
My Department provides funding to all 16 Education and Training Boards (ETB) (including Kildare/Wicklow ETB) to support youth services in their area and to support the work of the Youth Officer. Youth Officers provide an important support role to my Department in the co-ordination and administration of youth services at local level. My officials hold quarterly meetings with the ETBs and these meetings assist my Department in identifying service needs and emerging issues, particularly for vulnerable young people.
My officials also maintain contact with all 30 national youth organisations funded under the Youth Service Grant Scheme and with Gaisce. This has included meetings twice a year in an open forum attended by myself and officials. The schedule was impacted by Covid-19, I met with them as meetings resumed on line in July of last year. Earlier this month, I met with the national youth organisations again in an online setting. Such meetings are important as I hear first hand information on national issues and on any specific matters that national youth organisations consider may benefit from additional focus.
As we begin to move beyond the pandemic, the Department will continue to ensure there is sufficient engagement with this important sector which provides enormous value to young people.
