Joint Committee Questions to the Minister of Children and Youth Affairs

Question 10 (Senator Jillian Van Turnhout)

Can the Minister give his considered view on the recommendations in the Report of the Joint Committee on Health and Children on the General Scheme of the Adoption (Information and Tracing) Bill 2015?

My Department is examining the Report on the Pre-Legislative Scrutiny of the General Scheme and Heads of the Adoption (Information and Tracing) Bill 2015, recently published by the Joint Committee on Health and Children.

I would to thank the Chairman of the Joint Committee on Health and Children, Jerry Buttimer TD, and members of the Committee for their work in producing the Report without delay. I know that a considerable amount of work has gone into this Report and it is being studied in detail as we continue the preparation of the legislation.

The Report has made key recommendations as follows:

  • That the definition of ‘compelling reasons’ be further clarified and more tightly defined in the Bill.
  • In cases where non-disclosure is sought citing ‘compelling reasons’, this should be supported by medical evidence.
  • that consideration should be given to excluding the Statutory Declaration provision from the Bill. This could possibly be replaced by an alternative provision where the applicant is required to attend one preparatory session to discuss and explore the issues concerning privacy and respect, before the Birth Certificate is released.
  • that consideration should be given to reducing the lead-in to a much shorter time period, and to holding a shorter, more intense information / awareness campaign over a six-month period, to include engagement with social media and a wide range of community groups who can help to raise awareness about the new Register.
  • in the case of the illegally adopted, that consideration should be given to establishing a dedicated unit to actively investigate those cases.  
  • that a review of service requirements arising from the Bill is undertaken.   

All the recommendations of the Committee will be fully considered with a view to incorporating the Committee’s views where appropriate and subject to legal advice.

The Committee also recommended that I give consideration to issues highlighted during the pre-legislative scrutiny process in relation to step-parent adoption. I am addressing this matter in the context of the Adoption (Amendment) Bill.

Question 11 (Senator Jillian Van Turnhout)

Can the Minister provide an update on the progress by the Child and Family Agency of a national seven day, 24-hour social work service for children and families at risk?

Tusla, the Child and Family Agency provides a range of services aimed at addressing emergency situations in the area of child welfare and protection. In the main, these emergency situations arise out of hours.

I am pleased to inform the Committee Members that Tusla commenced the new Emergency Out-of-Hours Social Work Service last month. The key objective of the service is to co-operate with and support An Garda Síochána in the execution of their duties and responsibilities under the Child Care Act, 1991 and the Refugee Act, 1996.

Prior to this new development Tusla provided, in an emergency situation, for residential and foster care placements for children under Section 12(3) of the Child Care Act, 1991 and placements for children referred under Section 8.5 of the Refugee Act, 1996;

The additional service now available allows the Garda Síochána to contact a national emergency social work out-of-hours phone service for general advice or consultation. This on-call service will be staffed by social workers operating from the Out-of-Hours services in Dublin, supported by on-call social workers in different parts of the country. 

The social workers are currently employed by Tusla in its children’s services.

I welcome this new development. Up to now, under the Emergency Place of Safety Service, An Garda Síochána could access an emergency placement for children found to be at risk out of hours, but they did not have access to a social worker regarding the case or particular circumstances. In these circumstances, a child deemed to be at risk by An Garda Síochana was placed in a family setting until the following working day, when the local social work service would assume responsibility for the case.

Tusla and An Garda Síochána are the key agencies empowered by law to protect and promote the welfare of children and they have separate yet complementary roles. Mutual understanding and cooperation is essential in ensuring that these roles are carried out effectively and in a child-centred manner.

The aim of the Emergency Out-of-Hours Social Work Service is to ensure that the disruption and upset to which children may be exposed in emergency situations is minimised and the rights of parents and guardians are respected. The introduction of the Emergency Out-of-Hours Social Work Service assists in maximising inter-agency co-operation and promoting the safety and welfare of children.

Question 12 (Senator Jillian van Turnhout)

Can the Minister advise if he plans to legislate to vindicate children’s constitutional rights; including enacting legislation to satisfy Article 42A provisions on the best interests of the child, views of the child, and adoption.  And if he plans to carry out an audit of laws, judicial and administrative practices and policies to identify gaps in the implementation of the best interests principle and to address these gaps without delay?

At the time the wording of the then proposed thirty-first amendment of the Constitution was published by the Government, there was a commitment to bring forward important amendments in adoption law. In order to fully inform consideration by the people of the constitutional change being put forward for their decision, the Government published the General Scheme of a proposed Adoption (Amendment) Bill 2012 which would flow from implementation of the change. With the thirty-first amendment now standing as part of the Constitution, in the form of the new Article 42A, my Department is progressing the promised Adoption (Amendment) Bill, in which the best interests of the child are a paramount consideration, for consideration by the Oireachtas.

The Constitutional amendment was the subject of consultation with Government departments to ensure their compliance with the provisions therein. While the amendment has set a standard that must be observed, there is nothing to constrain measures being taken in the public legislative or administrative domain that exceed the standard set. The impact of the amendment, and the willingness of the Government to foster a child-centred approach, are to be seen in provisions relating to the views and best interests of children in certain legislation enacted or introduced since the referendum, such as the Child and Family Agency Act 2013, the Children and Family Relationships Act 2015 and the Children First Act 2015.

The on-going implementation of Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People 2014-2020, is demonstrably rooted in the values and principles that the Constitutional amendment represents. The implementation of Better Outcomes, Brighter Futures is a ‘whole-of-Government’ commitment which is being driven with involvement by non-Governmental interests in the sector.

The policy framework relates to five specified outcomes for children and young people, which include that they will be connected, respected and contributing to their world. A major commitment by my Department in that regard is to greatly enhance the basis, and opportunity, for participation by young people in decisions that impact on them.  To that end, I published the first National Strategy on Children and Young People’s Participation in Decision-Making 2015-2020 which is a constituent strategy of Better Outcomes, Brighter Futures. The Participation Strategy specifies a number of commitments to be delivered by various public bodies.  In my Department’s case this includes a commitment to bring about a major development by way of the establishment of a Children and Young People’s Participation Hub to become a centre of excellence on children and young people’s participation.  

While an audit of the kind referred to in the question is not planned at this time, emerging developments in the legislative and policy domains indicate that possible change is already underway and more is in prospect.

19 April 2013: Questions to the Department of Children and Youth Affairs, for answer before the meeting of the Committee on Health and Children.

Question 17: Child and Family Support Agency

Question 16 (Senator Jillian Van Turnhout)

Question 18 (Senator Jillian Van Turnhout)

Question 17: Child and Family Support Agency.

To ask the Minister to share with the Joint Committee on Health and Children the Implementation Plan for the new Child and Family Support Agency; including details of the transfer arrangements from the NEWB, Family Resource Centres and HSE; and the referral pathways for children and families to the new agency.

Vision for Child and Family Agency
The Programme for Government commits to “fundamentally reform the delivery of child protection services by removing child welfare and protection from the HSE and creating a dedicated Child Welfare and Protection Agency, reforming the model of service delivery and improving accountability to the Dáil.”

I established a Task Force to advise on the establishment of this new Agency. I requested the Task Force to base its work on “best practice in child welfare, family support and the delivery of public services, and according to principles that:

• The welfare of the child is paramount;
• Children and families should be supported in their local communities to the greatest extent possible;
• The welfare of children is founded upon strong and loving families and supported by the purposeful and shared responsibility of the state and society to always protect and promote their welfare;
• The Agency will operate to the highest standards of performance and value for money;
• Children will receive the best parenting when received into the care of the state.”

The final report of the Task Force was published in July last year and made recommendations on a number of key issues. The Task Force provided a specific chapter on the vision for the Agency, amongst which included the following:

“The Child and Family Support Agency, working in collaboration with the Department, provides leadership to relevant statutory and non-statutory agencies, ensuring that the conditions needed to achieve children’s wellbeing and development are fulfilled.

The Agency is responsible for the wellbeing of children and families who require targeted supports due to family and social circumstances. These range from support to families in the community to highly specialist interventions where children are at risk of being unsafe. Such children and families are not an isolated grouping nor are they a static grouping as children and families can move in and out of needing support as their life circumstances change.

In fulfilling its statutory role, the Agency ensures that:
• The needs of such children and families are identified at the earliest sign of their emerging need;
• A coordinated set of supports that addresses all the facets of a child’s wellbeing is put in place which incorporates and utilises well-developed interagency working mechanisms;
• The effectiveness of the supports is monitored;
• For the services provided directly or funded by the Agency, service delivery systems and practice are continuously reviewed to ensure they respond successfully to changing needs, and unmet need is clearly identified as a part of ongoing planning and reporting processes to the Department and the Minister;
• It provides mechanisms to engage with children, families and communities regarding the design and quality of service provision.”

I share the view of the Task Force that in order to achieve genuine improvements for children and families, the Agency must have a broader focus than child protection. Prevention, early intervention, family support and therapeutic & care interventions are all key to the provision of integrated multi-disciplinary services for children and families based on identified need.

It is my intention that the new Agency will address the persistent and difficult issues which have been found regarding the standardisation of services, communication, professional collaboration and coordination, and sharing of risk assessment, management and treatment for many children and families with the most complex needs. At the same time, the Agency will have a role in supporting families more universally – providing less complex, less intrusive, less expensive responses which have a preventive function.

The new Child and Family Agency and the wider transformation of children’s services represent one of the largest, and most ambitious, areas of public sector reform embarked upon by this Government. The reforms are much deeper than structural or organisational change as they embrace operational, cultural and inter agency improvement. As such, they will not be delivered overnight and the organisational arrangements are intended as an enabler of the improvement in outcomes which will be the real service goal in the years to come.

Progress on Planning and Implementation
On 13th July 2012, Government approved the drafting of Heads of a Bill to provide for the establishment of the Agency. The detailed policy decisions to inform the drafting of legislation were set out in these Heads of Bill and approved by Government in November last. Such policy includes:

• The functions and legal remit of the Agency;
• The constituent services that are to make up the new Agency;
• The governance arrangements between the Minister and the Agency and between the Board and the Executive;
• The funding relationship between the Minister and the Agency;
• The arrangements for the Agency to contract others to provide services on its behalf;
• The arrangements for dissolving the Family Support Agency and the National Educational Welfare Board; and
• Provisions for the transfer of staff, assets, liabilities and contracts.

The Government decided that the constituent elements of the Child and Family Agency on establishment day will be made up of:

● Child welfare and protection services currently operated by the HSE including family support and alternative care services.
● Other child and family related services for which the HSE currently has responsibility including pre-school inspections and domestic, sexual and gender-based violence services.
● Psychologists working in the community setting in relation to children and families
● The Family Support Agency.
● The National Educational Welfare Board.

The scope of these services is sufficiently broad to capture an enhanced range of both universal and targeted services operating to a unified management structure. These will constitute the immediate service responsibilities of the new Agency. Further consideration will be given to the subsequent transfer of additional services to the new Agency after the initial set-up phase and following further consideration of relevant recommendations of the Task Force in consultation with relevant departments.

The Agency will function as a separate statutory body with strong governance and a framework of public accountability underpinning its operations. The Agency will have a board appointed by the Minister based upon expertise and competency. Therefore, accountability and transparency will be a key feature of the governance and performance management frameworks to be introduced in the legislation.

The legislation must provide for the reassigning, under law, of the sensitive and complex legal responsibilities which arise in relation to the care and protection of children and the promotion of their welfare. Particular care is also being taken in respect of the disaggregation of the functions from the HSE to ensure that there are no unintended consequences (for either the Agency or the services remaining within the HSE) in the separation of functions, either in legal terms or in terms of the practical operation of day-do-day services for children and their families or other HSE clients.

Work on the drafting of the legislation has been progressing in conjunction with the Office of Parliamentary Counsel. The legislation is at an advanced stage and once it is finalised it will be brought to Government for the purposes of approving its introduction to the Oireachtas. The legislation is on the A list of the Government’s legislative programme and I intend to bring it before the House in this current term.

While the legislative process is under way, all necessary organisational preparations are continuing in parallel. These preparations are being led by the Programme Director/CEO Designate of the Child and Family Agency, Mr Gordon Jeyes. The preparations are being supported by an oversight group chaired by the Secretary General of the Department of Children and Youth Affairs. In addition to the CEO Designate, its membership includes officials of the departments of Children and Youth Affairs, Health and Public Expenditure and Reform; HSE Children and Families and a representative of the CEO of the HSE.

The oversight group is supported by a joint Department of Children and Youth Affairs and Child and Family Agency project team (led by the CEO Designate) which is driving day to day delivery of the overall project. Its responsibilities include the full range of activities required to bring the project to completion. Representatives of the Family Support Agency and the National Educational Welfare Board are also members of the team and are actively involved in leading the requisite change management programmes within those agencies. The project team undertakes integrated project planning, risk management and reporting. It reports to the Oversight Group and relevant matters are escalated to the Oversight Group if necessary.
Progress achieved to date in preparation for the Agency includes:
• the separation of children and family services within the HSE from other health and personal social services, with discrete management responsibilities and budgets;
• recruitment of a senior management team to lead the agency. All positions with the exception of the Chief Operations Officer and Head of Education Welfare are currently filled. These two positions are currently being re-advertised/advertised;
• the establishment of a dedicated sub-head for children and family services within the HSE Vote to bring transparency to the current budget of HSE children and family services;
• the undertaking of an external due diligence process, under the auspices of the two Departments, to inform the reassignment of budgets from the HSE to the Child and Family Agency;
• the establishment of an industrial relations process to communicate with staff representatives and resolve issues to facilitate the transition to the new Agency;
• the issuing in January 2013 of personal letters to almost 4,000 staff across the HSE, NEWB and FSA informing them of the plans to establish the new Agency and that it is intended that upon establishment their employment will transfer;
• commencement of external inspection by HIQA of the child welfare and protection services, in line with the goal of promoting enhanced transparency;
• the continued implementation of a comprehensive national change programme for the operational improvement of children and family services. This includes detailed design of referral pathways and assessment frameworks in order to ensure national consistency;
• continued implementation of the integration of education services within the NEWB and the development of the Family Resource Centre network in advance of the relocation of responsibilities to the new Agency;
• the appointment from January 2013 of Mr Gordon Jeyes as fulltime Programme Director for the establishment of the Child and Family Agency; and
• the recent approval of the Government that name of the new Agency will be the ‘Child & Family Agency’.

In line with the public service reform programme the replication and duplication of transactional or support functions such as payroll, financial transactions and property management will be avoided. These can be more effectively provided on a shared service basis in order to ensure that costs associated with disaggregation are entirely minimised. Accordingly, preparations are in place for the HSE to provide significant levels of such shared services to the new Agency. This will involve process and technical development within the HSE. HSE has recently received approval to contract for IT system enhancements necessary to facilitate this service which will be implemented this year.

In addition to these organisational preparations the decision has been taken to commence governance preparations on a shadow basis pending the enactment of legislation including its provisions for a Board. The Government has approved the appointment of Ms. Norah Gibbons as first Chairperson of the board of the new Child & Family Agency. Ms Gibbon’s expertise and experience in the area speaks for itself. It is intended that Ms. Gibbons will initially be appointed as Chairperson of the existing Family Support Agency which is one of the agencies being incorporated into the new Child & Family Agency. The appointment process will include appearance before the Oireachtas Health & Children Committee in line with procedures for the appointment of the chairpersons of state bodies. My Department will also be seeking expressions of interest for other board members by means of advertisement on the publicjobs and Department websites.
These appointments will reflect the intention, pending the legal establishment of the Child and Family Agency, to have the FSA Board prepare in advance for the governance task associated with the new Agency and provide oversight and direction to the preparations at an organisational level which are underway for the new Agency. The newly appointed board of the Family Support Agency will play this role on an administrative basis in addition to its existing statutory functions. Day to day statutory responsibility for child welfare and protection services and education welfare services will remain with the HSE and the NEWB respectively until these are transferred on the enactment of the necessary legislation. This approach reflects the overall strategy to undertake as much preparation as possible in advance of legislative enactment and the consequential transfer of onerous operational responsibilities.

It is important not to underestimate the scale of change involved and the absolute necessity for a carefully planned approach to be adopted while embarking upon such large-scale change within this crucial area of the public service. The approach to the project is informed by learning from the establishment of other major agencies, particularly where preparatory time was inadequate. Such preparations include allowance for sufficient consultation and consideration of the legislation by the Oireachtas and stakeholders in the period immediately ahead. A precise date for the establishment of the Agency will be set when consideration of the legislation by the Oireachtas has advanced.

Conclusion
In conclusion, it is considered that the intensive preparations underway and summarised here will provide for the effective establishment of the Child and Family Agency and will bring a dedicated focus to child protection, family support and other key children’s services for the first time in the history of the State, contributing in time to the transformation of what are essential services for families and communities.

Question 16 (Senator Jillian Van Turnhout)

To ask the Minister for Children and Youth Affairs to set out and provide details on the process for the selection of the sites; programmes; interventions; and supports to be provided under the new Area Based Approach to Child Poverty Initiative in 2013.

Written Response
The Area-Based Approach to Child Poverty Initiative was allocated €2.5m in Budget 2013. The amount allocated will rise to €4.75 in 2015. It is hoped that this Initiative will be co-funded by Atlantic Philanthropies and discussions are ongoing to this end. This Initiative will build on and continue the work of the Prevention and Early Intervention Programme (PEIP) which supported projects in Tallaght, Ballymun and Darndale/Belcamp/Moatview.

The new Initiative reflects the Programme for Government commitment to adopt an area-based approach to child poverty in co-operation with philanthropic partners, drawing upon best international practice and existing services, to break the cycle of child poverty where it is most deeply entrenched.

I can confirm that the focus will be, very firmly, on outcomes, rather than inputs and outputs, and these will be referenced in (a) the selection of areas where children are most disadvantaged, and (b) in measurement of the success of interventions.

It has been proposed that the Initiative will consist of the following components:

• Continuation of interventions, where appropriate, in the 3 existing PEIP sites, subject to those programmes being supported by positive evaluations and evidence regarding impact and cost effectiveness
• Selection of 6 sites (including as appropriate proven programmes in existing PEIP sites), where multi-faceted approaches to addressing Child Outcomes via evidence based programmes will be implemented. The impact of these interventions will be monitored in a cost-effective manner, to ensure they have the intended outcomes on child well-being
• In time, the mainstreaming of proven, cost-effective evidence-based programmes into service delivery in a wider context than the areas specifically participating in the Area-Based initiative.

The Initiative is being overseen by a Project Team, chaired by the Department of Children and Youth Affairs with participation of the Departments of An Taoiseach, An Tánaiste, Public Expenditure & Reform, Environment Community & Local Government, Education & Science, Health, Social Protection, HSE, and including Atlantic Philanthropies. The Project Team is supported by the Centre for Effective Services (CES) and Pobal, which has been asked to act as the fiscal agent for the Initiative.

A Working Group to Support the Project Team has been established. At present it consists of DCYA, CES, Pobal and Atlantic Philanthropy.

My Department published details on its website on 12th April last outlining the overall selection process. Details of a seminar arranged for 25th April where the Initiative will be explained to potential applicants have also been published. It is intended that Applications will close by the end of May, and Stage 1 of the selection process is expected to be completed at the end of June. It is inspected that the finalisation of proposals may be effected more quickly in the case of some successful applicants than with others, depending on their readiness. Shortly and in advance of the seminar my Department will publish detailed guidance for applicants and an application form. The Department of Children and Youth Affairs will be happy to supply the committee with copies of these documents as soon as they are published.

The criteria for selection of proposals to attract support under the programme are as follows:

• Evidence of need – The level of poor outcomes for children in the target area
• The quality of the proposal
• Additionality & Sustainability – The degree to which the proposal leverages other resources
• Understanding & ability of the applicants to capture outcomes

The Working Group and Project Team will conduct assessments of the proposals and recommend projects for selection.

Who should apply?
Applications are invited from area-based groups of not-for-profit organisations, with a proven track record of working with statutory and non-statutory service providers and local community groups with a capacity to form consortia. These consortia must be in a position to propose and deliver an area based initiative that delivers on the programme’s objectives of:
Breaking the cycle of child poverty within areas where it is most deeply entrenched and where children are most disadvantaged, through integrated and effective services and interventions that address:
1. Child development, and/or
2. Child wellbeing and parenting, and/or
3. Educational disadvantage,
From pre-natal to 18 years of age.

Proposals are invited across all elements but particular consideration will be given to proposals that focus on the quality and effectiveness of services and interventions from birth to 6 years of age.

What will the programme provide?
Successful applicants will receive funding to implement proven and cost-effective early intervention and/or prevention programmes and practices. The level of funding which will be available to individual projects for the duration of the programme will vary depending on the scale and impact of each initiative and the level of existing resources allocated to the area concerned. It will be a requirement of funding that the programmes and practices are implemented collaboratively by all relevant service providers in the area, both statutory and non-statutory, using existing resources. Applicants should have regard to the fact that, while the initiative is expected to provide additional levels of funding until 2016, the objective is to work towards withdrawal or reduction of additional funding from then on.

Research and evaluation
Research and evaluation were key elements of the PEIP and will continue to be important components of the new initiative to ensure that the outcomes from the interventions are evaluated and measured. Given that the new initiative will build on trialled and proven leaning from the PEIP, and other prevention and early intervention projects funded by the State and/or Atlantic Philanthropies, the research and evaluation component is expected to be less onerous and will be centrally directed.

Successful applicants will be subject to on-going research and evaluation requirements, overseen at central level by an Expert Advisory Committee. This process will be assisted by the Centre for Effective Services, acting on behalf of the Department.

Mentoring
With the exception of applicants who demonstrate an acceptable record in the delivery of prevention and early intervention programmes (e.g. the existing PEIP sites), successful applicants will be expected to avail of mentoring assistance over the course of the new initiative.

Systemic Change
It is anticipated that the initiative will expand over time, both in terms of the number and type of area based interventions and the degree of systemic change and mainstreaming of evidence based programmes and practices which is taking place. In tandem with this, it is anticipated that the range of area based projects which will be included in the initiative, will broaden.

Applications will also be required to demonstrate an approach which is based on additionality to existing levels of service provision and resources both statutory and non-statutory i.e. the proposal should demonstrate how existing services, practices and resources will be made more efficient and more effective as a result of the proposal. In effect, the initiative is expected to promote improved inter-agency collaboration at local level leading to systemic change which is capable of being replicated on a broader or national scale.

Question 18 (Senator Jillian Van Turnhout)

In light of the Fifth Report (July 2012) of the Government’s Special Rapporteur on Child Protection, Geoffrey Shannon, to ask the Minister to confirm the status of:
• The examination he called for to establish whether the system of Direct Provision itself is detrimental to the welfare and development of children and whether, if appropriate, an alternative form of support and accommodation could be adopted which is more suitable for families and particularly children.

• The establishment in the interim of an independent complaints mechanism and independent inspections of Direct Provision centres and the recommendation that consideration to these being undertaken through either HIQA (inspections) or the Ombudsman for Children (complaints).

Written Response

No answer provided.

18 July 2013: Questions to the Department of Children and Youth Affairs, for answer before the meeting of the Committee on Health and Children.

Question 4: National Substance Misuse Strategy

Question 5: Implementation plan for the Child and Family Support Agency

Question 6: Oberstown campus development

Question 4: National Substance Misuse Strategy.

To ask Minister for Children and Youth Affairs to outline her position on the recommendations contained in the Steering Group Report on a National Substance Misuse Strategy on protecting children and young people from the impact of alcohol. Specifically, the recommendations relating to alcohol marketing and minimum pricing with a view to impacting on the age at which young people start drinking alcohol, as well as the consumption levels of under18s.

Children and Alcohol
Whilst there have been some indicators showing an improvement in the levels of alcohol consumption in children over the last decade, with the percentage of children aged 10-17 who report never having had an alcoholic drink increased from approximately 40% in 2002 to 54% in 2010, there are many more indicators that continue to give deep concern about the patterns of drinking that exist in children and young people.

Drunkenness amongst Irish Young people
There exists a consistent trend for drunkenness when drinking among Irish young people, a trend that sets them apart from the majority of their European counterparts.
In the latest report on drinking among 15 and 16-year-olds across Europe, Irish students reported drinking a third more on their latest drinking day than the European average. In addition, there also exists a trend whereby Irish girls drink as much as boys, and sometimes drink more. Irish students reported that, in the 30 days prior to the survey
• Half (48% boys and 52% girls) had drunk alcohol
• 40% had 5+ drinks on a single drinking occasion
• 23% had one or more episodes of drunkenness
• In 2010, 18.3% of children aged 10-17 reported that they had been drunk at least once in the last 30 days.
Unfortunately, the impact of the trend in drunkenness has already surfaced as chronic alcohol-related conditions among young people become increasingly common.
Between 2005 and 2008, 4,129 people aged under 30 were discharged from hospital with chronic diseases or conditions of the type normally seen in older people.There has also been a considerable increase in alcoholic liver disease (ALD) among younger age groups. Among 15 to 34-years-olds, the rate of ALD discharges increased by 275% between 1995 and 2009
The accompanying trend of increased ease of access to alcohol is also a source of concern. In 2011, 84% Irish 15 and 16-year-olds reported that alcohol was “very easy” or “fairly easy” to get compared to 75% in 2007. Just over a quarter (26%) said they had bought drink for their own consumption from the off-trade in the 30 days prior to the survey; 37% said they had bought their drink from an on-trade outlet.
This trend has been accompanied by an explosion in the number of outlets selling alcohol at ‘pocket money’ prices with a bottle of beer often cheaper than a bottle of water. Discounts on multiple packs of alcohol have created a culture where young people buy slabs of beer instead of six-packs.
Unsocial and Public Order Offences by Children and Young People‘Public Order and other Social Code Offences’ were the single highest cause of referrals to the Garda Juvenile Diversion Programme, representing 28.9% of all referrals. Many of these are associated with alcohol consumption and binge drinking amongst young people.
The effects of Alcohol Abuse by Adults on Children
There are serious consequences also to children living in families where one of the parents or carers has an alcohol misuse problem. Adult alcohol problems are directly responsible for a significant percentage of child abuse and neglect cases; was identified as a risk factor in three-quarters of Irish teenagers for whom social workers applied for special care; is associated with a range of disorders known as foetal alcohol spectrum disorders are caused by mothers drinking alcohol in pregnancy
In Conclusion

The Department of Children and Youth Affairs works closely with the Department of Health to identify and support actions supported by emerging international evidence on what is effective in helping reduce the current levels of alcohol misuse in Ireland. Actions on pricing, advertising, sponsorship, labelling and others will move us further down the road of achieving safer levels of alcohol consumption in adults and minimising or preventing consumption by children.

Question 5: Implementation plan for the Child and Family Support Agency

To ask the Minister for Children and Youth Affairs to share with the Joint Committee on Health and Children the Implementation Plan for the new Child and Family [Support] Agency including: the anticipated commencement date for the Agency; details of the exact number and disciplines of the staff who will be transferred from the NEWB, Family Resource Centres and HSE; and a clear explanation of the referral pathways for children and families to the new Agency.

As I stated in response to the Deputy’s questions on this subject in advance of the April meeting, the establishment of the Child and Family Agency is at the heart of the Government’s reform of child and family services.

Extensive work is ongoing in the Departments of Children and Youth Affairs and Health, and in the HSE to prepare for the establishment of the Child and Family Agency. The preparations are designed to allow for the Agency to assume full statutory responsibility for specific services for children and families upon establishment.

The Child and Family Agency Bill was published on 12th July last and it is the intention to introduce it to the Houses of the Oireachtas in the current session. A precise target date for establishment of the Agency will be set when consideration of the legislation is advanced.

The Bill focuses on the task of bringing together the functions of the three “source” agencies (the HSE, the Family Support Agency and the National Educational Welfare Board). Particular care is required in respect of the disaggregation of the functions from the HSE to ensure that there are no unintended consequences (for either the Agency or the Directorates remaining within the HSE framework) in the separation of functions, either in legal terms, or in terms of the practical operation of day-do-day services for children and their families or HSE clients across the life cycle.

A key task in drafting the legislation has been to ensure that the Agency operates within a strong framework of public accountability. Other important features of the legislation relate to the need to create the correct platform for interagency arrangements, shared service arrangements and a robust process for the commissioning of services from a range of providers.

In addition to creating a framework for the future, the Bill also has to take account of the transitional arrangements which inevitably have to be prescribed. These are potentially complex against the backdrop of changing governance and structural arrangements in the context of the wider Health Reform programme.

While the legislative process is under way, all necessary organisational preparations are continuing in parallel. It is important not to underestimate the scale of change involved and the absolute necessity for a carefully planned approach to be adopted while embarking upon such large-scale change within this crucial area of the public service.

The establishment of the Agency is being directed by a project team (led by the CEO Designate) which is driving the overall project plan. Its responsibilities include the full range of activities required to bring the project to completion – from the high level legislative programme elements through to the more practical day-to-day issues regarding the transfers of staff, systems and various undertakings relevant to the operation of the new Agency. Representatives of the Family Support Agency and the National Educational Welfare Board are also members of the team and are actively involved in leading the requisite change management programmes within those agencies.

The project team reports to an Oversight Group which is chaired by the Secretary General of the Department of Children and Youth Affairs and relevant matters are escalated to the Oversight Group if necessary. Its membership includes officials of the Departments of Children and Youth Affairs, Health and Public Expenditure and Reform; the HSE – both sides of the organisation; and the CEO Designate of the Child and Family Agency.

In order to prepare for the establishment of the new Agency, a due diligence exercise has been commissioned regarding the level of resources to transfer from the HSE to the CFA on establishment. The objective of the exercise is to establish that the level of resources to be divested from the HSE to the new Agency is fair and reasonable.

Following intensive work on the part of HSE and CFA-designated staff, individual letters of notification issued earlier this year to some 4000 staff that have been confirmed as transferring to the new Agency. This includes staff employed by the HSE (the majority currently working in Children and Family Services), the Family Support Agency (FSA) and the National Educational Welfare Board (NEWB). It should be noted that the staff of the Family Resource Centres are not employed by the Family Support Agency directly.

I am confident that the establishment of the Agency will bring a dedicated focus to child protection, family support and other key children’s services for the first time in the history of the State and will in time contribute to the transformation of what are essential services for families and communities. As can be seen from the above, following publication of the Report of the Task Force on the Child and Family Support Agency, intensive work has been underway to prepare for establishment of the Agency. There are strong project governance and project planning methodologies in place, with revisions on an ongoing basis as tasks are accomplished or issues escalated. Further details of the tasks undertaken or underway were set out in my April reply.

In addition, since April my Department has sought expressions of interest for the Family Support Agency board which will form a shadow board pending the legal establishment under the Child and Family Agency Bill which has now been published.

In respect of referral pathways, HSE Children and Family Services are piloting programmes in selected geographical areas to ensure the most effective response to all referrals. Currently, all child welfare and protection referrals are channelled through social work departments, where child protection is prioritised. The revised referral pathways are intended to ensure a service is provided for all referrals at a level that is most appropriate to the problem presented. The intention is that the lessons learned from the early roll-out of this method of dealing with referrals will be applied across the country.

Question 6: Oberstown campus development

To ask the Minister for Children and Youth Affairs when a single management structure will be in situ in Oberstown to oversee the development of the campus including the integration of the three existing schools, and to outline, including the timeframe, the remaining steps in the process to ending the practice of detention of children in St Patrick’s Institution by mid-2014.

As previously stated in response to various Parliamentary Questions, we are the first Government to:

• have ended the detention of 16 year olds in St Patrick’s Institution.
• provide capital funding, of €50 million, for the development of National Child Detention Facilities in Oberstown.
• have extended the remit of the Ombudsman for Children to include St Patrick’s Institution.
• have established a dedicated multidisciplinary assessment and therapeutic care team for children in detention and special care.
• revised campus rosters and management structures at Oberstown.
• moved to close St Patrick’s Institution.

With respect to the development of National Child Detention Facilities in Oberstown, this project is required in order to give effect to the Programme for Government commitment to end the practice of detaining children in adult prison facilities. My officials have, in conjunction with the Office of Public Works, completed the design process and secured planning permission for the capital development. The tender process is being managed by the Office of Public Works at present and an announcement on the outcome of this process will be made shortly. The project will result in an increase in the overall detention capacity on the campus from 52 places at present to 90 places in total, along with associated education, visiting and other facilities. The required capacity to enable the assignment of responsibility for all children under the age of 18 years to the Oberstown campus is to be delivered in the first phase of the project, by mid 2014.

There is legal provision under the Children Act 2001 for 24 male bed spaces in Trinity House School, 8 female bed spaces in Oberstown Girls School, and 20 male bed spaces in Oberstown Boys School. However, only 16 of the certified 24 male bed spaces in Trinity House School are currently available for use due to staffing issues. The Irish Youth Justice Service, which is based in my Department, is currently in discussions with management and staff on the Oberstown campus to reconfigure staffing and accommodation in order to meet the increased demand for male bed places from the courts. I have also noted a substantial increase in demand for male bed spaces on the Oberstown campus in 2013 compared to 2012. This has been primarily but not exclusively driven by an increase in the number of boys aged 16 years old on admission detained in Oberstown. The Irish Youth Justice Service has identified a trend since late 2012 of a higher number of such children being detained in Oberstown compared to the situation which applied when this age group was the responsibility of St Patrick’s Institution. This increase in demand from the courts merits further consideration, particularly since the Central Statistics Office has recently recorded a general reduction in crime trends overall in the community.

The first-ever campus-wide staffing roster, with a set of harmonised conditions for hours worked, was implemented on 25th February 2013 following protracted negotiation and agreement between staff and management at the Labour Relations Commission. I wish to acknowledge the cooperation of staff with the implementation of the LRC agreement to date. A number of outstanding issues are the subject of ongoing discussions in conjunction with implementation of the campus wide roster, the ongoing industrial relations process on the campus and the Haddington Road Agreement.

I have obtained Government approval for an amendment to the Children Act, 2001. The Bill includes an enabling provision which will allow for the merging of the three current children detention schools into one single cohesive organisation. The Bill is at drafting stage at present with Parliamentary Counsel and it is my aim to bring it to the House later in 2013. This will ensure that a single unified management structure is in place and fully operational when the proposed new development on the campus is completed. In the interim my Officials are making arrangements for the appointment of a campus manager to drive the change management programme in Oberstown. The arrangements for the recruitment and appointment of this manager will be made in the coming weeks, in conjunction with the Public Appointments Service (PAS). It should be noted that the existing Board of Management has responsibilities in relation to each of the three schools.

Since taking over responsibility for the children detention schools, I have also engaged fully with the HSE on the implementation of a new mental health service for children in detention and in the special care / high support system. This is known as the Assessment, Consultation and Therapy Service (ACTS). Good progress has been made and the posts for addiction counsellor and speech and language therapist have been filled with the psychology post due to be filled in September, 2013. Representatives from the children detention schools, HSE and IYJS have been working together over the last two months to identify an appropriate mental health screening system that can be used in the children detention schools and to develop training for staff. Training is due to take place in September 2013 with a view to implementing mental health screening for all young people in the detention system before the end of December 2013. I welcome the ongoing development of this important service on the Oberstown campus, which was a key recommendation of the Ryan Commission on child abuse of 2009.

In conclusion, a very substantial change programme is underway on the Oberstown campus. Oberstown’s expanded remit will see it accommodate all children detained in the State in a child specific environment from the middle of next year. The Government has provided dedicated capital funds for this purpose. I recognise that significant operational change is also required. Major change has already been achieved and my Department continues to work with the Board of Management, the staff and their representatives to expand the range and quality of services on the campus.

Email Newsletter December 2013

Before we break for the Christmas period I wanted to send you a short update on my recent work.

Child and Family Agency Bill 2013

Tobacco Related Bills

Comhairle na nÓg/Dáil na nÓg

Launch of the Youth Media and the Irish Presidency Report

Children’s Rights Alliance Dinner with Young Film Makers

 

I want to warmly thank you for your support, ideas and encouragement over the last year. I would especially like to thank my researcher Amy McArdle and intern Conor Booth, whose support is invaluable to my work.

I am looking forward to 2014 and the opportunities and challenges it brings. We have a full legislative agenda ahead. I plan to actively engage on a number of Bills including the: revised Heads of Children First Bill; Assisted Decision-Making (Capacity) Bill 2013; Family Relationships and Children Bill; Freedom of Information Bill 2013;, Immigration, Residence and Protection Bill 2010; and the Criminal Law (Sexual Offences) Bill 2014. As always, I welcome any contribution you have to these and other issues and I invite you to contact my office at any time.

All my interventions, speeches, and media contributions can be viewed on my website http://test.jillianvanturnhout.ie/ and you can follow me on Twitter https://twitter.com/JillianvT for regular updates.

Wishing you a very happy Christmas and peaceful New Year.

Best wishes,

Jillian

Child and Family Support Agency

The Child and Family Agency Bill completed its passage through the Seanad on 5 December 2013. From the outset I have supported and welcomed the establishment of the new Agency. It is an historic and unique opportunity to ditch ineffective systems and to finally make sure that children get the treatment they deserve, and families the help they need. I engaged extensively with the Bill at all stages of its passage and my contributions can be read from my website http://test.jillianvanturnhout.ie/?p=1084

The new Agency is set to become operational on 1 January 2014. I will continue to pursue issues relevant to the proper and effective functioning of the Agency, particularly around resources and staffing. I have sought additional information on these issues from the Minister for Children and Youth Affairs, and await her written responses in advance of our next Quarterly meeting of the Health and Children Committee this Thursday.


Tobacco Related Bills

I am very happy to co-sponsor the Protection of the Public Interest from Tobacco Lobbying Bill 2013 with Senator John Crown and Senator Sean Barrett. The Bill will start in the Seanad this Wednesday and I hope it receives support. Then on Thursday, we will re-start the process for another tobacco related Bill, the Protection of Children’s Health from Tobacco Smoke Bill 2012, which I initiated with Senator John Crown and Senator Mark Daly.  The Bill aims to ban smoking in cars in which children are travelling. Having been stalled by the Department of Health for the last 19 months, we have tabled amendments to our own Bill in order to restart the process.

Comhairle na nÓg/Dáil na nÓg

I have long been a supporter of Comhairle na nÓg, which through a National Executive coordinates 34 youth councils across the country giving young people a voice on local services and policies. I was therefore delighted to have been asked by the Ceann Comhairle to join a team of TD’s and Senators to work with the incoming Comhairle na nÓg National Executive to enable a more effective link between the work of Comhairle na nÓg and the work of parliament.

Launch of the Youth Media and the Irish Presidency Report

I was delighted to launch the Report of European Movement Ireland’s flagship Presidency Programme, Youth Media and the Irish Presidency (YMIP), Final Report on the Irish Presidency of the EU: A Youth Perspective, on 20 November in the European Commission’s office in Ireland.

YMIP was an all-Ireland Programme, which succeeded in opening up the Irish Presidency of the EU to young people in Ireland by recruiting a team of 25 young journalists to report on the Presidency and broader European affairs.

The launch doubled as the graduation of the young journalists from the programme and it was wonderful to see, in addition to YMIP partner organisations, Oireachtas Members, and national press, their friends and family there to cheer them on!

Children’s Rights Alliance Dinner with Young Film Makers

I was delighted to host a dinner in the Oireachtas last Wednesday for a number of the young people (15-18 years) who, in conjunction with the Children’s Rights Alliance, made an excellent short film about the United Nations Convention on the Rights of the Child called “Do Children’s Rights Matter?” The young people identified three problems that they face on a daily basis: bullying; poverty; and the lack of recreational spaces. I have long advocated the importance of listening to and hearing children’s voices. They are often best placed to develop solutions to the issues concerning them. Check out their video at http://www.youtube.com/watch?list=UUB1n83mvD9MTbbiu3qkrtbQ&v=TqrjjVeZNY0

Early Intervention and Economic Benefits: Statements

Wednesday, 6th March 2013

As always the Minister is more than welcome to the House and we are delighted that she is here. Her statement and speech to us today are seminal. It should be circulated generally. She was very fair in trying to give us a summary of what she has said to us today and it lays a strong foundation for a new home for children. I cannot commend enough what the Minister has said. More people should read her statement. We often focus on only one part of a child’s life but it is important to consider the child’s journey. I thank the Minister for providing that vision and starting this discussion with a very strong foundation. Everybody supports prevention and early intervention but it is music to our ears to hear a Minister promoting these strategies and putting them first and foremost. All too often people only talk about these theories in seminars and symposia while in the House we talk about firefighting and dealing with crises and do not give prevention and early intervention the thought and deliberation that they need.

I welcome the area-based approach to the child poverty initiative but have a difficulty with the selection criteria for the three new sites and the additional four that will come on stream. How do we ensure that the selection process is transparent, that the programmes are rooted in evidence and best practice? Programmes may look good but how do we ensure that they provide the outcomes for children and the delivery that we all want ? I want to see more details.

Often when we talk about early intervention we refer only to early years. That is why I welcome the Minister’s speech because she has looked at the child’s journey, the key transition points, the flash points in a child’s life that are all too often missed. This is true of disability services, where life chances are affected at an early age if we do not intervene when the child is very young. Mental health problems tend to become more apparent in early adolescence. The Minister mentioned the Heckmann curve. In 2010 Cunha and Heckmann wrote a working paper on investment in our young people. Their research showed that the effect of early intervention in the lives of disadvantaged children is reduced if it is not followed up by investment at later stages. We all talk about the importance of investment and what we reap from investing in early years but if we do not provide that continuum of support the investment is lost.

I welcome the Minister’s focus on how to provide services and the suggestion that we might take a step back and ask what is the purpose of child benefit and how do we ensure that it delivers the outcomes it should and that people want. The Minister mentioned the advisory report on which we had a good brief debate in the House with the Minister for Social Protection, Deputy Joan Burton, which we will continue. We were glad that she came in so soon after the report was published. There are different ways in which we can provide services and support to children. Should we consider the affordable, accessible and quality child care, or extending the scheme to a second year, or after-school care which is ad hoc and does not have a defined structure. Should we consider universal primary health care for all children or school book schemes?

The Minister mentioned the development in data which is very welcome. I welcome her approach to ensuring that we have an evidence base for moving forward and that we understand why we are doing something. Very often when I hear economists talk about demographics I shout at the radio “That is birth rate”. We have an increasing birth rate but economists do not want to talk about that. Too often children are forgotten in these issues.

The Minister mentioned Eurofound, the foundation based in Loughlinstown for the improvement of living and working conditions. I recently visited the foundation. It is doing some really interesting research on how parenting supports can best be delivered to children. Ireland has the fourth highest rate in the EU of young people who are not in education, employment or training, the NEET category. We do not want to be so high up on that list. Schoolteachers and youth workers can point to those young people much earlier in the cycle. That is where we should intervene. Eurofound did research on the loss to the economy that jobseekers represent. It calculated that they cost Ireland in the region of 2% of GDP which indicates that the cost of youth unemployment is €3.16 billion. Those are the figures but it has been proved that if a young person lives in poverty he or she is likely to continue to be unemployed. The pathway is laid. It is important to intervene early and help to change those young people’s lives. I welcome the fact that the Minister has asked the youth work sector to investigate how we could intervene and best ensure that we do so. We need to find the tipping point at which the young person ends up unemployed rather than going into education, training or employment and see how we can support those young people.

I know that next week the Minister is hosting the EU Youth Conference on social inclusion. It is significant that Ireland has chosen to host that conference under its Presidency and I was delighted to see that the Minister is doing so in co-operation with the European Commission, the European Youth Forum and the National Youth Council of Ireland. The European Youth Forum was born during the fifth Irish Presidency. It held its inaugural meeting in Cork on 6 July 1996. I was there. I am a co-founder of the forum. I was a secretary general of one the three youth platforms. We came together to merge into one. Two of the three secretaries general were Irish. That is why I am so delighted to see them coming back to Dublin.

I welcome the development of the child and family support agency and look forward to seeing the Bill. I have made public my opinion of it to ensure that we debate this. The new agency will have a budget of approximately €545 million for 2013 and at hearings held by the Oireachtas Joint Committee on Health and Children last week we heard that approximately €100 million will go to NGOs and services. When my opinion of the new agency was published in The Irish Times I was surprised by the number of organisations which contacted me because they are afraid to speak publicly about this fearing that their funding will be cut. There is a chilling effect. We need to create an environment in which people can make constructive proposals to ensure that the agency works. I know that the Minister does not intend this chilling effect but I was surprised by the number and types of organisations that came to me about this matter.

I thank the Minister. The statement she made to us today should be circulated to all Deputies and Senators.

Order of Business, 12 February 2013

Tuesday, 12th February 2013

It is six weeks since the new year. The Chinese new year was celebrated last Sunday. This is the year of the snake. My first question relates to a report that was promised in the new year.

I believe we have qualified on both counts that we are in the new year. I refer to the report of the Advisory Group on Tax and Social Welfare chaired by Ita Mangan. The Minister, Deputy Burton, challenged us to examine the facts of this report and gave an undertaking in this House to publish the report early in the new year. My question is when that report will be published. Yesterday a report from the Consumers’ Association of Ireland showed there has been a 12% rise in the cost of a typical basket of groceries. We have seen a very brutal cut across the board in child benefit payment. I am willing to take some tough decisions on child benefit but let us see this report and let the discussion begin. I do know why it has taken so long for it to be published.

We were also promised that the child and family support agency Bill would be published in the new year. Colleagues in the House will know that I have repeatedly asked for us to debate this new agency which has a budget of €545 million and a staff of 4,000, yet we have not had a debate on it. I have tried every angle to have a debate on it in this House but that has been blocked. When will the Bill be published? When will we see it? This is a very important agency. My fear is that staff are just being transferred from the HSE. I question whether any Member of the House would say it is a great idea to transfer staff from the HSE, with all the deals and practices they have, into the agency. When will that Bill be published?

A report was commissioned six years ago from the commission of investigation into the Death of Gary Douch. That commission of investigation was established in April 2007 following the attack and subsequent death of Gary Douch in a cell in Mountjoy Prison. I ask the Deputy Leader to ask the Minister for Justice and Equality when that report will be published?

Order of Business, 7 December 2012

I will withhold my comments on the budget until we discover what it contains and whether all the reports relating to it have been accurate.

I echo Senator Darragh O’Brien’s call for a debate on palliative care. This is an issue I have also raised on several occasions. I will do whatever is required in order to ensure that the debate is held at the earliest opportunity.

I wish to request a debate on the proposed new child and family support agency. When created, this will be the second largest agency in the State and it will have the potential to impact on the lives of all children in Ireland. I am extremely concerned by the fact that the report of the relevant task force into the agency was published in July. I have requested a debate on this and other issues relating to children on a number of occasions. I am of the view that this is a particularly pressing matter. The Minister for Children and Youth Affairs is supposed to introduce a Bill to facilitate the establishment of the agency, which was due to be in place by 1 January next. In order to facilitate a debate on this matter, I took the opportunity this morning to write to the Cathaoirleach and suggest the names of three people who could be invited to address the House on the proposed new child and family support agency. Even if the Minister for Children and Youth Affairs is not available, the Seanad should proceed to engage in a debate on this matter. This agency is too important and we should not be obliged to await the publication of the Bill before engaging in a discussion on it. As already stated, a report has been produced in respect of what will be the second largest agency in the State. Regardless of whether it is resources or children’s lives, we should engage in a debate on this matter at the very earliest opportunity.

The Lancet

In July 2021, Jillian co-authored an article in the world-renowned medical journal “The Lancet”