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Tuesday, 21 Nov 2023

Written Answers Nos. 436-447

Cybersecurity Policy

Ceisteanna (436)

Louise O'Reilly

Ceist:

436. Deputy Louise O'Reilly asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has a policy and plan in place to address a ransomware attack and restore his Department's IT systems. [50846/23]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is guided by the Office of the Government Chief Information Officer and by the National Cyber Security Centre on ICT policy and security matters. The OGCIO implements a multi-layered approach to cyber security and to protecting ICT systems, infrastructures, and services. For operational and security reasons, the NCSC has advised not to disclose details of systems and processes which could in any way compromise those efforts. It is not considered appropriate to disclose information which might assist bad actors to identify potential vulnerabilities in departmental cybersecurity arrangements. Therefore, it is not considered appropriate to disclose particular arrangements in place in relation to cyber security tools and services and DCEDIY does not comment on operational security matters.

Disabilities Assessments

Ceisteanna (437)

Violet-Anne Wynne

Ceist:

437. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 239 of 18 October 2023, how persons in Clare can avail of the use of time-related savings to source assessments of need privately; and if he will make a statement on the matter. [50913/23]

Amharc ar fhreagra

Freagraí scríofa

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Legislative Measures

Ceisteanna (438)

Catherine Murphy

Ceist:

438. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the current status of the Child Care (Amendment) Bill 2023; and when this Bill will progress. [50949/23]

Amharc ar fhreagra

Freagraí scríofa

The Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care), child protection policy, and early learning and childcare services. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not otherwise receive adequate care and protection.

My Department brought forward a General Scheme and Heads of a Bill to amend the 1991 Act and this was approved by Government in April 2023. The purpose of this amendment Bill is to revise the 1991 Act to reflect changes in child welfare and protection services in the 30 years since its enactment. The Bill will also revise and update where the 1991 Act deals with the regulation of early learning and childcare services.

I referred the General Scheme to the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth for pre-legislative scrutiny, which took place in May this year. From this scrutiny, the Committee produced a detailed report on the legislative proposals. The report contained a number of recommendations to amend and further refine the General Scheme. My Department has also received some further feedback from stakeholders on the Heads of Bill.

Officials within my Department are working to ensure that both sets of recommendations are considered and are given due regard.

In parallel to the pre-legislative scrutiny process, I referred the General Scheme to the Parliamentary Counsel in the Attorney General’s Office for formal drafting. This is an ongoing process and officials within my Department continue to liaise with the Parliamentary Council as we work towards the development and the publication of a Bill.

This amendment Bill is a matter of priority for me. While my Department is eager to progress this Bill, we are anxious that the provisions are robust and that it serves vulnerable children as well as providing Tusla with a strong statutory footing in the best way possible.

Legislative Measures

Ceisteanna (439)

Ivana Bacik

Ceist:

439. Deputy Ivana Bacik asked the Minister for Children, Equality, Disability, Integration and Youth the status of legislation to prohibit the practice of conversion therapy; and if he will make a statement on the matter. [50962/23]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government contains a commitment to legislate to ban conversion therapy. The National LGBTI Youth Strategy 2018 – 2020 and the National LGBTI+ Inclusion Strategy 2019 – 2021 contain commitments in relation to conversion therapy. The LGBTI+ National Youth Strategy provides for the prohibition of “the promotion or practice of conversion therapy by health professionals in Ireland” and the National LGBTI+ Inclusion Strategy commits to investigating conversion therapy in Ireland and following up with appropriate counter measures.

The Department of Children, Equality, Disability, Integration and Youth commissioned research into the issue of conversion therapy in Ireland. The multi-phased mixed-methodology research was carried out by Trinity College Dublin (TCD), School of Nursing and Midwifery, and a report of the findings was published in February 2023. The research provides an insight into how conversion therapy practices operate in Ireland. It also includes an examination of the growing body of recent international research literature in the area. The findings of the research, which mirror findings in international research on the matter, indicate that conversion therapy practices take place in Ireland, and has developed an understanding of how these practices operate. It confirms the harm that is inflicted on those who experience such practices.

Policy deliberations have been informed by a broad range of factors including but not limited to the TCD research, international research and an analysis of legislation in other jurisdictions. My Department is examining international best practice and continues to engage with relevant Government Departments on the matter to inform the legislative proposals.

Given the potential complex and sensitive nature of the proposed legislation, the Government is carefully considering the underpinning policy matters to ensure that vulnerable members of society are protected from these harmful practices and that necessary and appropriate services for those with concerns in areas of sexual orientation and gender identity are not affected. Work on drafting the General Scheme is ongoing and officials continue to engage with the Office of the Attorney General on the matter. It is planned that legislative proposals will be brought forward shortly and it is a priority for Government this year.

Charitable and Voluntary Organisations

Ceisteanna (440)

Brendan Griffin

Ceist:

440. Deputy Brendan Griffin asked the Minister for Children, Equality, Disability, Integration and Youth for his urgent attention on a matter (details supplied); and if he will make a statement on the matter. [50965/23]

Amharc ar fhreagra

Freagraí scríofa

CARI offers an important and vital service to Children who have experienced sexual abuse , and the support offered by the service to the parents of those children . The Minister, and the Department understand the vital role CARI play in providing therapy to those who have experienced sexual abuse and it is acknowledged how vital this service is for children and their families through an extremely distressing and difficult time .

CARI highlighted the issue of a financial deficit in August 2023 where it was expressed to Tusla, the Child and Family Agency and the Department that CARI would need €243,000 until the end of 2023. Tusla and the Department have been actively engaging with CARI, and additional funding was provided by Tusla in October to address the projected financial deficit by CARI at that time. The conditional agreement between Tusla and CARI was based upon CARI providing a detailed financial governance business plan to Tusla to ensure on going core funding for 2024.

The CEO and Senior Management of Tusla are engaging with CARI actively to reach a solution. The key elements of the financial deficit for CARI have been identified by the Department. There are several key drivers which have led to cost increases including the using up of financial reserves built up over time to supplement funding shortfalls such as; an increase in running costs, decreased income from funding and under charging for the full cost of therapy.

As a Department the promotion of child welfare is the paramount concern. The initial amount required to ensure operations by CARI could function until end of year was outlined to Tusla in August 2023 and a plan was put in place on the 8th of November. This is an ongoing development that requires both Tusla and CARI to reach a mutually beneficial agreement. However, CARI's financial deficit has changed significantly from the original figure outlined to Tusla in August 2023 and upon which significant and additional once off financial funding was provided.

The Department officials are continuing to liaise with Tusla in this regard and the situation requires close review by Tusla regarding any future issues in this regard. The Department welcomes the continued communication between Tusla and CARI.

Charitable and Voluntary Organisations

Ceisteanna (441)

Pa Daly

Ceist:

441. Deputy Pa Daly asked the Minister for Children, Equality, Disability, Integration and Youth his views on the funding for an organisation (details supplied); and his plans to provide services to child survivors of sexual abuse. [50993/23]

Amharc ar fhreagra

Freagraí scríofa

CARI offers an important and vital service to Children who have experienced sexual abuse , and the support offered by the service to the parents of those children . The Minister, and the Department understand the vital role CARI play in providing therapy to those who have experienced sexual abuse and it is acknowledged how vital this service is for children and their families through an extremely distressing and difficult time .

CARI highlighted the issue of a financial deficit in August 2023 where it was expressed to Tusla, the Child and Family Agency and the Department that CARI would need €243,000 until the end of 2023. Tusla and the Department have been actively engaging with CARI, and additional funding was provided by Tusla in October to address the projected financial deficit by CARI at that time. The conditional agreement between Tusla and CARI was based upon CARI providing a detailed financial governance business plan to Tusla to ensure on going core funding for 2024.

The CEO and Senior Management of Tusla are engaging with CARI actively to reach a solution. The key elements of the financial deficit for CARI have been identified by the Department. There are several key drivers which have led to cost increases including the using up of financial reserves built up over time to supplement funding shortfalls such as; an increase in running costs, decreased income from funding and under charging for the full cost of therapy.

As a Department the promotion of child welfare is the paramount concern. The initial amount required to ensure operations by CARI could function until end of year was outlined to Tusla in August 2023 and a plan was put in place on the 8th of November. This is an ongoing development that requires both Tusla and CARI to reach a mutually beneficial agreement. However, CARI's financial deficit has changed significantly from the original figure outlined to Tusla in August 2023 and upon which significant and additional once off financial funding was provided.

The Department officials are continuing to liaise with Tusla in this regard and the situation requires close review by Tusla regarding any future issues in this regard. The Department welcomes the continued communication between Tusla and CARI.

Health Services

Ceisteanna (442)

Pádraig O'Sullivan

Ceist:

442. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth when a person (details supplied) in County Cork will be called for an appointment; and if he will make a statement on the matter. [51007/23]

Amharc ar fhreagra

Freagraí scríofa

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Health Services

Ceisteanna (443)

Pádraig O'Sullivan

Ceist:

443. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth if he plans to outsource speech and language therapies to private companies for children in order to reduce waiting lists; and if he will make a statement on the matter. [51008/23]

Amharc ar fhreagra

Freagraí scríofa

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible. As the Deputy may be aware, the industrial action that commenced on Friday 6th October, by management and administrative grades in Fórsa Trade Union in the HSE, will impact on the response times to Parliamentary Questions and Representations.

Departmental Contracts

Ceisteanna (444)

Paul Murphy

Ceist:

444. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has any current contracts with any Israeli state agency, any Israeli-based company or any company based elsewhere in the world which is owned or part-owned by any Israeli state agency or by any Israeli-based company; and if so, the value of those contracts. [51039/23]

Amharc ar fhreagra

Freagraí scríofa

My Department has at this time no current contracts with an Israeli state agency or an Israeli-based company. There is no contract in place at this time, to the best of my Department's knowledge, with a company based elsewhere in the world which is owned or part-owned by an Israeli state agency or by an Israeli-based company.

Departmental Data

Ceisteanna (445)

Paul Murphy

Ceist:

445. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if his Department or any of its agencies are involved in any exercise, operation, training or research which includes involvement by any Israeli state agency, any Israeli-based company or any company based elsewhere in the world which is owned or part-owned by any Israeli state agency or by any Israeli-based company. [51057/23]

Amharc ar fhreagra

Freagraí scríofa

Tusla’s International Social Services Team has interacted with Israeli authorities in respect of a very small number of individual cases over the period covering 2021, 2022 and to-date in 2023. Due to the small number, sensitive nature and high risk of identification, no further details can be given.

Charitable and Voluntary Organisations

Ceisteanna (446)

Róisín Shortall

Ceist:

446. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth to respond to matters raised in correspondence (details supplied); if he will provide the necessary funding to maintain these services in 2024; the engagements he has had with Tusla, the Department of Health and the Department of Justice on this matter; the reason for this funding shortfall; and if he will make a statement on the matter. [51092/23]

Amharc ar fhreagra

Freagraí scríofa

CARI offers an important and vital service to Children who have experienced sexual abuse , and the support offered by the service to the parents of those children . The Minister, and the Department understand the vital role CARI play in providing therapy to those who have experienced sexual abuse and it is acknowledged how vital this service is for children and their families through an extremely distressing and difficult time .

CARI highlighted the issue of a financial deficit in August 2023 where it was expressed to Tusla, the Child and Family Agency and the Department that CARI would need €243,000 until the end of 2023. Tusla and the Department have been actively engaging with CARI, and additional funding was provided by Tusla in October to address the projected financial deficit by CARI at that time. The conditional agreement between Tusla and CARI was based upon CARI providing a detailed financial governance to Tusla to ensure on going core funding for 2024.

The CEO and Senior Management of Tusla are engaging with CARI actively to reach a solution. The key elements of the financial deficit for CARI have been identified by the Department. There are several key drivers which have led to cost increases including the using up of financial reserves built up over time to supplement funding shortfalls such as; an increase in running costs, decreased income from funding and under charging for the full cost of therapy.

As a Department the promotion of child welfare is the paramount concern. The initial amount required to ensure operations by CARI could function until end of year was outlined to Tusla in August 2023 and a plan was put in place on the 8th of November. This is an ongoing development that requires both Tusla and CARI to reach a mutually beneficial agreement. However, CARI's financial deficit has changed significantly from the original figure outlined to Tusla in August 2023 and upon which significant and additional once off financial funding was provided.

The Department officials are continuing to liaise with Tusla in this regard and the situation requires close review by Tusla regarding any future issues in this regard. The Department welcomes the continued communication between Tusla and CARI.

Legislative Measures

Ceisteanna (447)

Carol Nolan

Ceist:

447. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth to clarify what aspects or provisions of the Child Care Act 1991 he believes need to be updated in order to reflect changes, both in society and in the institutional structures providing child welfare and protection services; his understanding of children's rights; and if he will make a statement on the matter. [51110/23]

Amharc ar fhreagra

Freagraí scríofa

The Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care) and child protection policy in Ireland. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.

The Government committed to undertaking a review of the 1991 Act in the National Policy Framework for Children and Young People: Better Outcomes Brighter Futures 2014-2020. This review of the 1991 Act found it continues to serve children well and there is much that is worth retaining. However, the child protection and welfare landscape in Ireland has changed greatly since the Act’s full commencement, in terms of both the State’s response and the nature and complexity of child protection and welfare matters. It is therefore unsurprising that there are areas that require updating to reflect these changes both in society and in the institutional structures providing child welfare and protection services, and our understanding of children’s rights, and also to allow for positive practice developments to be enshrined in law where needed.

I therefore, brought forward a General Scheme and Heads of a Bill to amend the 1991 Act and this was approved in April 2023 by Government. 

Some of the most significant areas of change that are included in the General Scheme of the Bill are as follows:

-   - Introduction of a guiding principles section to the Act, with the best interests of the child as the overriding principle.

-   - Introduction of a duty to cooperate between relevant bodies, such as Tusla, Government Departments, the Health Service Executive (HSE) and An Garda Síochána (AGS). This cooperation will include the sharing of information between relevant bodies and Tusla, and with each other, in accordance with the law and as necessary and proportionate.

-   - The voice of the child is to be strengthened both in court proceedings and in decisions taken outside the court setting by introducing a principle that children should be able to participate in the decision-making process.

-   - Amendments to Section 3 of the Child Care Act and to the Children First Act 2015 related to assessments of reports of harm.

-   - Amendments to existing rules for Supervision Orders, Interim Care Orders, Care Orders, Emergency Care Orders and Voluntary Care Agreements.

-   - Amendments to Part VIIA to allow Tusla Early Years Inspectorate to immediately close unregistered early learning and childcare services, to temporarily suspend registered services where there are concerns about significant risk to children, to share information on enforcement action with parents, to place some additional enforcement measures on a legislative footing, and to introduce a “Fit Person” regulation (see Report on a Public Consultation on a Review of Regulations for Early Learning and Care).

The General Scheme was subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth, from which an extensive report containing several recommendations was published. My Department has also received further recommendations from a range of stakeholders based on the General Scheme and Heads of Bill. Officials within my Department are considering these recommendations and may refine our legislative proposals to reflect these recommendations.

My Department is also currently working with the Parliamentary Counsel in the Attorney General’s Office to work towards the development and the publication of a Bill.

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