Ms Frances Fitzgerald, Td, Minister for Children and Youth Affairs

JOINT COMMITTEE ON HEALTH AND CHILDREN, 19 APRIL 2013

OPENING STATEMENT BY MS FRANCES FITZGERALD, TD,

MINISTER FOR CHILDREN AND YOUTH AFFAIRS

INTRODUCTION

In June it will be two years since the establishment of the Department of Children and Youth Affairs. Today’s meeting provides a timely opportunity, then, to review where we are in relation to what has been achieved so far by my Department and also the substantial and significant body of work which remains to be done during the lifetime of this Government.

Could I remind the Deputies and Senators first of all of what the Government committed to achieve in relation to children and young people from the outset. Significant commitments in the Programme for Government include:

• The holding of a Referendum in relation to the rights of children under the Constitution.

• The establishment of a Child and Family Agency on a statutory basis inorder to fundamentally reform the delivery of child protection services and removeresponsibility for these from the Health Service Executive (HSE).

• Implementing the recommendations of the Ryan Report, including putting the

Children First: National Guidance on a statutory footing and legislating for the use

of ‘softinformation’.

• Maintaining the free pre-school year and improving its quality as resources allow.

• Enacting legislation to consolidate and reform the law on adoption.

• Investing in a targeted early childhood education programme for disadvantagedchildren, building on existing targeted pre-school supports for families most in needof assistance, such as the “young Ballymun” project.

• Ending the practice of sending children to St. Patrick’s Institution.

Since I was appointed as Minister for Children and Youth Affairs my Department has been working to improve outcomes for all children in Ireland. To this end, some of the steps we have undertaken are:-

• We held a referendum to amend the Irish Constitution to strengthen its protection of the rights of children.
• We have published detailed legislation proposals for the reform of adoption.

• Work is well under way on the establishment of the new Child & Family Agency which will take over functions which currently reside in our Health Service.

• The Department of Children and Youth Affairs is driving in implementation issuesof the Children First and legislative proposals are being finalised, building on the work of this Committee in its review of the General Scheme and Heads of Bill last year.

• I am working closely with my colleagues in Government to strengthen childcare provision. We have maintained the universal pre-school year and introduced a School Age Childcare Initiative at a full year cost of €14 million.

• We are developing a 5 year high-level Children & Young People’s Policy Framework, which will be supported by more detailed strategies addressing particular age cohorts.

• We are implementing a new Area Based Response to Child Poverty at a full year cost of €4.75 million, building on the learning from the Prevention and Early Intervention programme.

• We have ended the practice of sending 16 year old boys to St. Patricks institution and are implementing a €50 million capital project to accommodate all children under 18 years in redeveloped facilities at Oberstown.

I would now like to outline some of these developments in some more detail.

CHILD AND FAMILY AGENCY

The creation of this Agency is at the heart of the Government's reform of child and family services. I have provided a very detailed update in advance in response to questions submitted by Committee members. The legislation to establish the Agency will be introduced to the House in the current session. A precise date for the establishment of the Agency will be set when consideration of the legislation by the Oireachtas has advanced. 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 requirement for a carefully planned approach to be adopted to such large-scale change within this crucial area of the public service.

When established, the Agency will constitute one of the largest public sector agencies in the State with staff of over 4,000 employees and a budget of over €550 million. It represents one of the largest and most ambitious areas of public sector reform currently underway. Very significant milestones have already been achieved including:

• the separation of children and family services within the HSE from other health and personal social services, with discrete management responsibilities and budgets;

• development and implementation of a comprehensive national change programme for the operational improvement of children and family services;

• commencement of external inspection by HIQA of the child welfare and protection services;

• the development of dedicated children and families responsibility and accountability at area, regional and national management team levels.

• 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 informing them of the plans to establish the new Agency and that it is intended that upon establishment their employment will transfer; and

• the appointment from January 2013 of Mr Gordon Jeyes as fulltime Programme Director for the establishment of the Child and Family Agency.

• the appointment of Ms. Norah Gibbons as first Chair of the new Agency. Ms. Gibbons will initially chair the Family Support Agency, which is one of the bodies to be merged into the Child and Family Agency. I will also be seeking expressions of interest for board membership of the Family Support Agency through the “publicjobs” website.

CHILDREN FIRST

The Department of Children and Youth Affairs is taking a lead role in implementation issues in relation to Children First. An Interdepartmental Group has been established at which Government Departments and both the HSE and An Garda Síochána are represented. The purpose of the Group is to promote the importance of Children First compliance across Government and to ensure consistency of approach.

The Children First Implementation Inter-Departmental Group is providing support to Departments and their sectors in bringing forward tailored implementation plans based on an assessment of current arrangements and activities and future developments.

• The Group has completed a benchmark phase of establishing structures, mechanisms and activities in place within each sector to support and drive the implementation process.
• The current phase of the Group’s work is focussed on the preparation of Children First Sectoral Implementation Plans which will be finalised shortly
• In addition, the Department is developing appropriate reporting mechanisms for other Government Departments in respect of the implementation of Children First within each sector and the assurance arrangements to monitor implementation and compliance.

A report on the progress achieved by the Inter Departmental Group will be submitted to the Government in the near future.

These strengthened arrangements for implementation of the Children First Guidance are an important step in preparing for implementation of legislation. With regard to legislation on this issue, as you are aware, the Joint Oireachtas Committee on Health and Children published their report in July 2012.

As part of the Joint Committees consultation process a number of submissions were received. Overall there was a welcome that the legislation would increase the focus on child protection. The contributions in the main came from organisations already implementing Children First.

Submissions were not all in agreement and many points emerging needed to be considered and reconciled. This involves consideration of policy and operational issues as well as the best legal approach to achieving Children First objectives. In this regard, officials have consulted with a number of organisations and individuals and I met recently with a number of key stakeholders to discuss the complex issues that have arisen. These discussions will inform the refinement of the policy proposals which is currently underway.

The revised framework is focussed on the safety and protection of children generally; the provision of safe services for children; cooperation amongst professionals and organisations where children are at risk of neglect and abuse and finally mandating key individuals to report child abuse known to them. The latter objective is aimed at removing ambivalence, reluctance or refusal by people and organisations in positions of trust and authority to report child abuse and cooperate with the relevant authorities.

A further objective is to ensure that related and relevant legislation will be complementary and will strengthen child protection within organisations and at home. Minister Shatter recently brought forward the National Vetting Bureau (Children and Vulnerable Persons) Act and the Criminal Justice (Withholding Information on Crimes Against Children and Intellectually Disabled Persons) Act.

It is my intention to submit further proposals to Government as soon as possible with a view to the drafting of the Children First Bill as a priority.

CHILDCARE

I am working closely with my colleagues in Government to strengthen childcare provision. Approximately €260 million is invested annually by the Government specifically to support the provision of early childhood care and education through three childcare support programmes – the Childcare Education and Training Support (CETS) programme, the Community Childcare Subvention (CCS) programme and the Early Childhood Care and Education (ECCE) programme.

In January 2010 a free Pre-School Year in Early Childhood Care and Education (ECCE) programme was introduced. This universal programme provides a free pre-school year to all eligible children in the year before commencing primary school.

About 65,500 children are availing of the free pre-school provision at this time. Under the ECCE programme, services are contracted to provide the free Pre-School Year in return for an annual capitation fee per qualifying child. The free pre-school provision represents a significant investment with €178 million being provided in 2013.

Some 4,300 childcare services, which is nearly all of the pre-school services in the country, are participating in the ECCE programme. These services have benefited substantially from the guaranteed income that the programme provides. The support is provided through capitation payments paid to services in advance of each school term.

The introduction of the free pre-school provision coincided with a change in Ireland's economic fortunes, with a substantial increase in unemployment and reduction in the standard of living for many families. The programme, along with supporting childcare services through a time of economic difficulty, ensured that a significant number of children who otherwise would not be able to attend pre-school are in a position to avail of quality pre-school education.

Lack of access to affordable, quality childcare is a significant barrier to many low income and disadvantaged families when seeking to avail of work and training or educational opportunities. To address this issue, together with the Minister for Social Protection I announced in Budget 2013 a new school age childcare initiative. The initiative is expected to receive full year funding of €14 million to provide over 6,000 quality after-school places for children attending primary school, as well as supporting parents to take up employment. This is in line with the Government's overall strategy to support parents of low income families to take up employment.

Officials in both Departments are currently working to finalise the details of the scheme and its operational arrangements. As is the case with the CETS scheme, the new scheme will be open to both community and commercial childcare providers across the State. The scheme will be piloted in 7 DSP Local Office areas shortly and at national level from September 2013.

ADOPTION

The General Scheme and Heads of Bill of the proposed Adoption (Amendment) Bill was published in September 2012 in conjunction with the publication of the referendum proposal to inform the public of proposed changes to adoption law envisaged if the Constitutional amendment was approved.

Work is continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. My view is that persons affected by adoption should be provided with a statutory right to as much information as possible within permissible Constitutional boundaries. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not effected.

As I outlined in a recent reply in the Dáil, there are complex legal and Constitutional issues in balancing an adopted person's right to information about his or her identity with a birth parent's right to privacy. I am anxious to bring these matters to resolution in order to advance the Heads of Bill to Government. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties. I remain committed to achieving my policy objectives notwithstanding these challenges.

CHILDREN AND YOUNG PEOPLE POLICY FRAMEWORK

We are developing a 5 year high-level Children & Young People’s Policy Framework, which will be supported by more detailed strategies addressing particular age cohorts. All three strategies will be developed through this single policy framework. A range of consultations have been undertaken involving some 67,000 submissions from children and a further 1,000 submissions from the general public. We are now at the stage of identifying the concrete actions to be included in the framework in response to the priorities which are emerging. The publication of Irelands first ever Early Year’s Strategy will also follow later this year. It is expected that the National Policy Framework for Children and Young People will be launched later this year.

PREVENTION AND EARLY INTERVENTION

We are also building upon Prevention and Early Intervention initiatives and implementing a new Area Based Response to Child Poverty. Both Irish and international evidence shows that early intervention helps children at risk to realise their potential and can support them and their families to become healthier and more resilient. The Area-Based Approach to Child Poverty 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. The initiative has an Exchequer allocation in 2013 of €2.5m in 2013 which is expected to increase to €4.75 in 2015. It is envisaged that this Initiative will be co-funded by Atlantic Philanthropies and discussions are ongoing to this end.

The initiative will build on and continue the work of the Prevention and Early Intervention Programme (PEIP) which supported projects in Tallaght, Ballymun and Darndale. In addition to continuing, where appropriate, to support interventions in the 3 existing PEIP sites, at least 3 additional sites are expected to be selected in the coming months for inclusion under the initiative. The initiative will also seek to implement programmes and practices which are cost-effective and evidence-based on a wider and national basis over time.

The Initiative is being overseen by a Project Team chaired by the Department of Children and Youth Affairs with participation from relevant Departments and agencies as well as Atlantic Philanthropies, the Centre for Effective Services and Pobal.

IRISH YOUTH JUSTICE SERVICE

Work on the development of the new facilities at Oberstown is being progressed by the IYJS and OPW. Tendering for both specialists and main contractor services is currently underway with a contract for construction expected to be in place in June 2013. In advance of the completion of the new facilities a number of interim measures have been implemented:

-From 1st May 2012, responsibility for the detention of all newly remanded or sentenced16 year old boys was assigned to the Children Detention Schools in Oberstown. This means that since this date 16 year olds are no longer being sent to St Patrick’s Institution by the Courts, with all 16 years olds being remanded and/or committed by the Courts now being sent to the Oberstown Campus. This has been implemented successfully and, since July 2012, there have been no 16 year old boys detained in St. Patrick’s Institution.

-The remit of the Ombudsman for Children has been extended to 17 year old boys detained in St. Patrick’s Institution for the period until such detentions cease fully.

Amendments to the Children Act, 2001 to provide for the management of all facilities on the Oberstown campus (i.e. OberstownBoysSchool, TrinityHouseSchools and OberstownGirlsSchool) on an integrated basis are being progressed.

CONCLUSION

I have covered a lot of the other issues in relation to my Department’s work in the answers to specific written questions asked by the members of the Joint Committee in advance of today’s meeting. I will be glad to cover these and any remaining issues that the members would like to pursue this morning.

I would like to record my appreciation of the continuing co-operation and support that I receive from this Committee and its members in my work. I look forward to our on-going partnership in order to continue to achieve, together, better outcomes for children in Ireland.

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