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.

An Update on Youth Justice Policy

28 January 2014

 

I have a good deal to say but I will try to contain myself.
I welcome the Minister, who has laid down a comprehensive statement on youth policy, which she had hoped to do in December. It is great that this is all together and that the Minister used the House to do this. The Minister mentioned that we are improving our data, but I remain concerned at the lack of data in the area, a point to which I will return. This particularly applies to juvenile offenders and children coming into contact with the criminal justice system. Through an analysis of various reports compiled by the Association for Criminal Justice Research and Development and a number of significant academic studies by the likes of Sinead McPhillips, Dr. Ursula Kilkelly and Dr. Jennifer Hayes, three key risk factors associated with children who became involved in criminal behaviour have been identified. As the Minister knows, these are family background, educational disadvantage characterised by poor literacy skills and low levels of academic achievement, and personal and familial factors such as alcohol and drug misuse, intergenerational crime and mental health problems. The studies have categorised the factors for us but it is not the understanding of the majority of the public, who are confronted daily with media reports and headlines about violent youth offenders and delinquent youths who are out of control. In the absence of political and media discourse to the contrary, it is understandable that they want to see zero tolerance and tough-on-crime type approaches. That is why the Minister’s intervention is important. I support her understanding and her moves to promote prevention and early intervention.

I commend the work of so many of the agencies involved in the delivery of juvenile justice policy in Ireland, such as An Garda Síochána, particularly its Garda youth diversion projects, the dedicated young persons’ probation division of the Probation Service, the Courts Service, and the Irish Prison Service, as long as it still has 17-year-old children detained in St. Patrick’s Institution. I would like to make special mention of the Irish Youth Justice Service, IYJS, which has been leading and driving reform in the area of youth justice since its creation in 2005. It has made important strides and shows the importance of Departments working together, as the Minister outlined.
It is a real missed opportunity that a centralised data and research department has not been established in the IYJS. We need to co-ordinate inter-agency research between the agencies involved in the delivery of juvenile justice and map the trajectory of the child through the criminal justice system. Every child has an individual story but we mostly get to read these in child death reports and other significant reports. We need to collect the data earlier. We also need to identify divergences between the policy and legal framework of youth justice and its implementation, administration and practice.

I would like to personally congratulate the Minister on a number of successes and advances in youth justice policy under her stewardship. In particular, I welcome the decision on St. Patrick’s Institution and today’s update on bringing the detention centres together. It has been long promised, but the Minister has done it and I thank her for it. We need a unified approach and I am happy to hear that a new head of the campus has been appointed. I look forward to the opportunity to support the legislation brought to the House. There are significant challenges in respect of the campus but I will support the Minister. In the interim, since December 2013, 17 year olds are being remanded to Wheatfield Prison. I note specific concerns raised by the Irish Penal Reform Trust in respect of 18 to 21 year olds, and obviously any 17 year olds detained there, that Wheatfield is often overcrowded and does not have adequate education and training capacity for its inmates. The focus for our young adult prison population must be on rehabilitation and not simply containment. I remain concerned about the interim period and how we are serving these young people.
I raise my concern over the lack of sufficient special care and protection places available to children with severe emotional and behavioural difficulties. I raised the point in November when we debated the Child and Family Agency Bill. From a juvenile justice policy perspective, my concern echoes that articulated by Judge Ann Ryan, who until recently presided over the Children’s Court in Smithfield. She has spoken of her frustration at the lack of HSE special care and protection places available to children, citing a correlation between the failure of the State to appropriately deal with these acutely vulnerable children and the likelihood that many will find themselves before the children’s courts facing criminal charges.

I remain concerned about this. For example, a HIQA report was published and the response was to close the centre, yet there are not enough places for the children who are vulnerable.
I refer to children who are remanded in custody. The most recent data available from the IYJS are from 2008 and show that of the 111 children detained on remand in children detention schools, only 44% went on to be sentenced to detention on conviction. That raises a twofold concern – first, that detention as a last resort requirement, the principle underlying the Children Act, was not being adequately embraced by judges at the pre-trial stage and, second, that there was an urgent need to introduce a formal system of bail support to help children to manage their bail conditions, thus helping to reduce the number being placed in detention on remand. Unfortunately, the pilot scheme mooted in 2008 in Young People on Remand: The National Children’s Research Strategy Series to offer bail support services for vulnerable children who ceme before the Children Court in Dublin and Limerick failed to materialise owing to insufficient resources. Will the Minister provide the House with the figures in this regard for the past few years? I would be interested in seeing and trying to understand them. I fear the position has not improved much from what I hear anecdotally. Will the Minister consider revisiting the bail support pilot scheme?

I refer to the issue of training. Staff and personnel engaged in the formulation and delivery of youth justice policy should be trained in the provisions of the Children Act. The Committee on the Rights of the Child made a recommendation to this effect in 2006. An advanced diploma in juvenile justice is being run by the King’s Inns. The course is attended by a great mix of professionals from a wide variety of disciplinary backgrounds, including legal professionals, juvenile liaison officers, prison officers, detention centre staff and the IYJS. Robust, specialist training such as this needs to be rolled out on a systematic basis and attendance supported by employers such as the State.
I also raise the issue of the age of criminal responsibility. The concluding observations of the UN Committee on the Rights of the Child expressed concern about the age of criminal responsibility being ten years under the Criminal Justice Act 2006. The Minister has submitted a consolidated report to the committee. Has she had a communication from the committee? Will Ireland consider this issue before it appears before the committee?

On Second Stage of the Courts and Civil Law (Miscellaneous Provisions) Bill in March last year I alerted the Minister for Justice and Equality to my concern about routine breaches of the Children Act in the Dublin Children Court. Examples include the court appointed registrar calling the name of the child in the public waiting room, the former practice of District Courts including YP, meaning “young person”, beside the child’s name on the court list and the presence of Gardaí and legal representatives unrelated to the specific case in the court which is mandated to sit in camera. The Minister said he would write to the Courts Service and I await a response. I raise the issue in this debate because we need to consider practical remedies to ensure the Children Act is implemented in the spirit intended by the then Minister and the Houses of the Oireachtas.

Order of Business, 16 November 2012

I echo the congratulations to the Irish team, which has given us all a boost. Perhaps we would like to skip over the budget and get straight to the European matches. Unfortunately, we cannot.

I have concerns at the kite flying that is happening. Vulnerable hard-pressed families are reading headlines every day and wondering what will happen. We should all be careful with our comments.

I echo what Senator Bacik said about St. Patrick’s Institution and seeking a debate in the House. It is of extreme concern and a gross violation of our human rights record. For the sake of the children in vulnerable situations we need to act as soon as possible.

Today, I raise the issue of transition year students. Most of us are aware of the transition year programme which promotes the personal, social, vocational and educational development of students and prepares them for their role as autonomous, participative and responsible members of society.

Recently, I received an application from a transition year student to work for one week in Leinster House as part of the work experience programme. I was informed that this is not possible. What better way to achieve these goals than by allowing young people to experience a working environment through one of the work experience programmes offered by most schools that conduct the transition year programme? The Houses of the Oireachtas lacks any dedicated structure to facilitate students who wish to experience the working life of the Parliament. Work experience is available for second level students with members of parliament in the European Parliament and the British Houses of Parliament. Why can we not do it here? Even closer to home, Dublin City Council offers second level work experience.

This experience is extremely valuable, would give students an insight into our work and would help them understand what we are doing here. I call on the Leader and the House to examine ways in which the Seanad could put in place a one week programme once a year to provide transition year students with an opportunity to listen to some of our key debates and a chance to partially shadow a Senator. The programme could be open to a lottery and provide to a limited number of transition year students an opportunity to see what we do. I ask that this be given serious consideration and I would be happy to give any support and assistance I can.

Order of Business, 17 October 2012

I echo everything said in the Chamber this morning about St. Patrick’s Institution. There is a need for greater urgency because, as has been said, there are still 17 to 21 year olds detained at the institution. Therefore, the problem has not gone away. I ask for an update on the development of a detention school at a site located at Oberstown-Lusk. We need to ensure that when children are transferred, it is to a good location, as we do not repeat past mistakes. I listened to the debate. Several colleagues talked about the culture of those in charge at St. Patrick’s Institution and my comments made here last December were brought into sharp focus. I will not break privilege, but I am concerned. Why did we make the appointment to the committee on the prevention of torture? I am greatly concerned about who Ireland appointed to the committee and express my concern again today.

I support Senator Mark Daly’s call for a debate on the plight of the survivors of child abuse. I know the details of the case to which he referred. It involves an appalling injustice and is unacceptable. I have met the person mentioned for several years and can vouch for the fact that he is dying. When we bring him to Dublin to meet colleagues, I ask that Senators attend to demonstrate greater compassion.

Order of Business, 26 June 2012

I, too, welcome the publication of the consultation document on the criminalisation of the purchase of sex which I believe is the result of the motion the Independent group brought before the House on two occasions.

Last Friday, 22 June, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Justice and Equality, Deputy Alan Shatter, signed a statutory order to remove section 11(1)(e)(iii) of the Ombudsman for Children Act which excluded children detained in St Patrick’s Institution from the complaints remit of the Ombudsman for Children, Ms Emily Logan. The order will take effect from 1 July. I warmly welcome this move which I do not believe received much publicity. Prior to this, children held in prison, children in the Defence Forces and children involved in dealings with the Garda were the only three groups of children excluded from the remit of the Ombudsman for Children.

However, there is an ombudsman in place for both the Defence Forces and the Garda. It followed from the announcement of the Minister for Children and Youth Affairs on 2 April that the detention of children in St Patrick’s Institution would end on 1 May for all newly remanded or sentenced 16 and 17 year olds. They will now be detained in Oberstown. These two measures mark significant progress in the treatment of juvenile offenders and the observance of children’s human rights. However, I am mindful of the fact that there is still no independent, fair and impartial complaints mechanism for adult prisoners. Concern has been expressed in this regard by both the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the inspector of prisons, Mr. Justice Michael Reilly, in his annual report for 2010.

In Mr. Justice Reilly’s report he refers to a deficiency, to be rectified by 1 July 2011, in the following of proper complaints procedures, with supporting documents. I look forward to seeing what progress, if any, is recorded in his next annual report. I ask the Leader to invite the Minister for Justice and Equality to the House to confirm when the annual report of the Office of the Inspector of Prisons for 2011 will be published. I understand it was sent to the Minister on 17 April. I ask that we have a debate on how best an independent, transparent and accountable prisoner complaints mechanism can be established in the prisons.

Order of Business, 1 February 2012

1st February 2012

I thank the Leader for promising to bring the Minister of State with responsibility for European affairs to the House next week to discuss the treaty on stability, co-ordination and governance. Like most of us I am in the process of studying it and will form my own view. I look forward to the upcoming discussion.
I will address two matters, the first of which is the universal periodic review. Members are aware that Ireland’s human rights record was subject to its first universal periodic review hearing last October, and the report of the working group on Ireland’s review, also known as the outcome document, will be adopted by the Human Rights Council during its 19th session on 16 March this year. Of the 126 recommendations contained in the outcome document, the Government has examined and accepted 62, and 49 recommendations are currently under consideration by the Government, with responses to be provided before the Human Rights Council session in March. Some 15 recommendations, the majority of which pertain to reproductive rights and combating racism, have been rejected.

The commitments made by the Government during this process and the potential for further commitments to be made before the adoption of the outcome document should yield significant improvements in the area of prison conditions, children’s rights, gender equality, mental health, freedom of expression and combating racism and discrimination. I ask the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to the Chamber to advise and debate with Senators as to the status of the 49 recommendations under consideration, and to outline how the relevant Departments plan to build on the exemplary consultation process with non-governmental organisations and civil society in the lead-up to Ireland’s review and the next review of 2016.
There is a second issue, although I will not repeat my requests in detail. On 18 and 25 January I asked that the Minister for Children and Youth Affairs be invited to the Seanad to address questions on the proposed children’s referendum, the interim measures for children currently detained in St. Patrick’s institution, the new children and family support agency and the potential to use the Children’s Rights Alliance report card as the basis for this debate. I know there is much talk of referendums in the air but I advise Senators that the children’s referendum needs to take place.

I will give a reason for this. There are 2,000 children in long-term foster care and the referendum would make them eligible for adoption. Once these children turn 18, that right is extinguished, so as the days and months roll on, let us be conscious that as we deliberate, we are potentially denying these children what everybody agrees should be allowed, namely, the security of being part of a family. I repeat my call that the Minister for Children and Youth Affairs update this House on the status of the children’s rights referendum. The issue cannot be debated any longer and we must change it. There are 2,000 very good reasons to have that referendum.

Order of Business, 1 February 2012

I thank the Leader for promising to bring the Minister of State with responsibility for European affairs to the House next week to discuss the treaty on stability, co-ordination and governance. Like most of us I am in the process of studying it and will form my own view. I look forward to the upcoming discussion.

I will address two matters, the first of which is the universal periodic review. Members are aware that Ireland’s human rights record was subject to its first universal periodic review hearing last October, and the report of the working group on Ireland’s review, also known as the outcome document, will be adopted by the Human Rights Council during its 19th session on 16 March this year. Of the 126 recommendations contained in the outcome document, the Government has examined and accepted 62, and 49 recommendations are currently under consideration by the Government, with responses to be provided before the Human Rights Council session in March. Some 15 recommendations, the majority of which pertain to reproductive rights and combating racism, have been rejected.

The commitments made by the Government during this process and the potential for further commitments to be made before the adoption of the outcome document should yield significant improvements in the area of prison conditions, children’s rights, gender equality, mental health, freedom of expression and combating racism and discrimination. I ask the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to the Chamber to advise and debate with Senators as to the status of the 49 recommendations under consideration, and to outline how the relevant Departments plan to build on the exemplary consultation process with non-governmental organisations and civil society in the lead-up to Ireland’s review and the next review of 2016.

There is a second issue, although I will not repeat my requests in detail. On 18 and 25 January I asked that the Minister for Children and Youth Affairs be invited to the Seanad to address questions on the proposed children’s referendum, the interim measures for children currently detained in St. Patrick’s institution, the new children and family support agency and the potential to use the Children’s Rights Alliance report card as the basis for this debate. I know there is much talk of referendums in the air but I advise Senators that the children’s referendum needs to take place.

I will give a reason for this. There are 2,000 children in long-term foster care and the referendum would make them eligible for adoption. Once these children turn 18, that right is extinguished, so as the days and months roll on, let us be conscious that as we deliberate, we are potentially denying these children what everybody agrees should be allowed, namely, the security of being part of a family. I repeat my call that the Minister for Children and Youth Affairs update this House on the status of the children’s rights referendum. The issue cannot be debated any longer and we must change it. There are 2,000 very good reasons to have that referendum.

Order of Business, 25 January 2012

25th January 2012

I encourage my colleagues to participate in the Private Members’ debate on the motion proposed by the Independent group on disability support and services. I appeal to Members to support the motion as proposed. This is an important debate and I hope the House will support the very clear action points in the motion. It will be led by my colleague, Senator Mary Ann O’Brien.

I recall the Private Members’ motion by the Independent group on 12 October 2011 on criminalising the purchase of sex in Ireland. We are three months into the six-month period indicated by the Minister for Justice and Equality for public consultation. This matter was raised in the Dáil last week by Deputy Kevin Humphreys and the Minister advised that the consultation process would be ready before the end of January. However, I am concerned by the inclusion of a caveat in the Minister’s reply that the publication of the document before the end of January is subject to resources, having regard to compelling priorities including legislative priorities. I fully appreciate the financial times we are in and I know that the Government needs to prioritise its work. However, the debate we had on 12 October 2011 showed a clear link between prostitution and trafficking, particularly in respect of trafficking children for sexual exploitation. The protection of women and children from sexual exploitation must be a Government priority. I ask the Leader to invite the Minister for Justice and Equality to confirm that the consultation document will be published and that the consultation process will commence without further delay.

I also wish to raise whistleblower legislation. The situation of Louise Bayliss has been raised by the media in recent days. Coincidentally, she met me last Tuesday to discuss lone parents, before she heard the news. She is an advocate who has spoken out and we need to remember the five women she spoke out about, who were being put into a closed unit. How do we know how many other people are in that situation if we do not produce whistleblowing legislation? There should also be independent funding for advocacy organisations. This does not concern new funding but the basis of funding for the organisations working as advocates.

Finally, I wish to raise Children’s Rights Alliance report card launched on Monday. Last week, I called for the Minister for Children and Youth Affairs to come to the House and I suggest to the House that this is an excellent basis for discussion. The Government has failed in the report card in regard to St. Patrick’s institution and the continued detention of children in an adult prison regime. The effects of budget 2012 on lone parents and large families and the implications for child poverty were highlighted. The Government got the best grade any Government has received in four years but that does not mean it is good enough. We need to do more. It is a wide-ranging report which looks at all aspects of a child’s life and would provide an excellent foundation for a debate.

Order of Business, 18 January 2012

18th January 2012

I join in the sympathies expressed by colleagues. Will the Leader call on the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to come to the House to address several issues of concern to Members? There is agreement in regard to child protection and adoption, but several outstanding issues are of great concern to me. The first of these relates to the promised referendum on children’s rights. Concern has been expressed by various children’s organisations and in the media that the amendment to the Constitution (children’s referendum) Bill is included under section C of the Government’s legislative programme rather than as a priority Bill under section A. Is this a reflection of a reduced commitment to holding the referendum without delay? I hope the Minister can provide an assurance to the House that the referendum will take place in 2012 and that she will update us and involve us in the thinking and the process to date.

The delay in the construction of the national children’s detention centre is a cause of great concern to me and others in this House. The Government, like its predecessors, is acutely aware that the continued detention of children under the adult regime at St. Patrick’s Institution is one of the State’s most glaring violations of human rights and children’s rights. This goes back to the Whitaker report of 1985; I will not rehearse all that has been said on the subject since. The programme for Government includes a firm commitment to end the practice of sending children to St. Patrick’s Institution. An announcement regarding the promised detention centre was expected in the capital expenditure programme, but I was extremely disappointed to discover it was not included. I understand the situation now is that responsibility for building the detention centre has been passed to the Department of Children and Youth Affairs and that the project must be redrawn in light of current economic circumstances. I wish to ask the Minister for a timeline for the redrawing of the costs of the project and an indication of when the project is expected to be completed. She should inform the House of the interim measures her Department intends to put in place to ensure the boys in question are more suitably accommodated until such time as the national detention centre is operational.

I am also concerned about the proposed new agency to oversee children and family services and how it will be decoupled from the Health Service Executive. I understand plans are being drawn up in this regard; it is important that this House be involved in the development of those plans. The report of the child death review panel was lodged with the Minister before Christmas. Will the Leader ask the Minister to outline the panel’s findings to this House? Instead of doing so at a media launch, the Minister should give us an opportunity to discuss how we can prevent future deaths of children in the care of the State.

Order of Business, 18 January 2012

I join in the sympathies expressed by colleagues. Will the Leader call on the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, to come to the House to address several issues of concern to Members? There is agreement in regard to child protection and adoption, but several outstanding issues are of great concern to me. The first of these relates to the promised referendum on children’s rights. Concern has been expressed by various children’s organisations and in the media that the amendment to the Constitution (children’s referendum) Bill is included under section C of the Government’s legislative programme rather than as a priority Bill under section A. Is this a reflection of a reduced commitment to holding the referendum without delay? I hope the Minister can provide an assurance to the House that the referendum will take place in 2012 and that she will update us and involve us in the thinking and the process to date.

The delay in the construction of the national children’s detention centre is a cause of great concern to me and others in this House. The Government, like its predecessors, is acutely aware that the continued detention of children under the adult regime at St. Patrick’s Institution is one of the State’s most glaring violations of human rights and children’s rights. This goes back to the Whitaker report of 1985; I will not rehearse all that has been said on the subject since. The programme for Government includes a firm commitment to end the practice of sending children to St. Patrick’s Institution. An announcement regarding the promised detention centre was expected in the capital expenditure programme, but I was extremely disappointed to discover it was not included. I understand the situation now is that responsibility for building the detention centre has been passed to the Department of Children and Youth Affairs and that the project must be redrawn in light of current economic circumstances. I wish to ask the Minister for a timeline for the redrawing of the costs of the project and an indication of when the project is expected to be completed. She should inform the House of the interim measures her Department intends to put in place to ensure the boys in question are more suitably accommodated until such time as the national detention centre is operational.

I am also concerned about the proposed new agency to oversee children and family services and how it will be decoupled from the Health Service Executive. I understand plans are being drawn up in this regard; it is important that this House be involved in the development of those plans. The report of the child death review panel was lodged with the Minister before Christmas. Will the Leader ask the Minister to outline the panel’s findings to this House? Instead of doing so at a media launch, the Minister should give us an opportunity to discuss how we can prevent future deaths of children in the care of the State.

The Lancet

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