Written Answers
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Questions - Written Answers Written Answers. The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised]. Questions Nos. 1 to 10, inclusive, answered orally. 16/02/2017WRA00400Direct Provision System 16/02/2017WRA0050011. Deputy Jan O’Sullivan asked the Tánaiste and Minister for Justice and Equality the changes which have been made or are planned to address the rights and needs of children who live in direct provision centres; and if she will make a statement on the matter. [7018/17] 16/02/2017WRA00600Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): As the Deputy will be aware, the Programme for Partnership Government states that “Long durations in direct provision are acknowledged to have a negative impact on family life. We are therefore committed to reforming the Direct Provision system, with particular focus on families and chil- dren.” I can therefore assure the House and the Deputy that the rights and needs of children are at the forefront of our thinking as this commitment is being delivered. The following are some of the highlights of the services and facilities available being made available to children and families across the accommodation portfolio:- - Tusla and the HSE, link in with accommodation centres to provide on-site services and monitoring of children and families through Public Health Nurse and GP services, social work teams, mental health specialists and through the positive engagement of accommodation centre management teams. - The Community Welfare Service of the Department of Social Protection holds clinics in many of our centres to assist families with needs which may fall to be assisted under the Ex- ceptional Needs Payments. - The weekly allowance for children was increased by €6 to €15.10 per child in 2016 by the Department of Social Protection. - Children are linked in by local management to mainstream primary and post-primary schools in a like manner to the general population. Younger children may also avail of the free ECCE pre-school placements. - Homework clubs are also provided at certain family centres. The Department of Educa- tion has also made changes to allow children who are 5 years in the Direct Provision system and who have attended a minimum of five years in the Irish school system to avail of third level education. - RIA has a dedicated Child and Family Services Unit, whose role is to manage, deliver, 132 16 February 2017 coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in the direct provision system. It also acts as a conduit between RIA and Tusla, the latter having statutory functions in this area. The Unit is headed up by an official seconded from Tusla who has clinical expertise in the area of child welfare and protection. - The Child Protection and Welfare Policy and Practice Document in force in all accom- modation centres is based on the HSE’s “Children First - National Guidelines for the protection and welfare of children. The HSE & Tusla have provided ‘Keeping Safe’ child protection train- ing and Designate Liaison Person Training [DLP] to each centre’s Designated Liaison Persons and other staff members. RIA has recently updated its Child Protection Policy to include a Practice Document. Briefing sessions were held in family centres around the country for centre staff members and all other relevant personnel. All staff of centres under contract to RIA are Garda vetted. Projects are underway in my Department to ensure that all facilities for families in accom- modation centres under contract to the Department are improved and enhanced to the highest possible standard. A number of recommendations in the the McMahon report in relation to physical improve- ments to accommodation are being rolled out. The following are just a few examples of the improvements either finished or in progress:- - The installation of residents’ kitchens in a number of accommodation centres to provide for home cooking by residents and their families; - The introduction of full independent living at the Mosney Accommodation centre - each family are able to select their own choice of fresh food so they may prepare meals for them- selves; - A complete refurbishment of each accommodation unit (triple glazed windows and doors, refurbished interiors) at the Athlone Accommodation Centre; - Improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities. - Teenage rooms in relevant centres to provide social areas for this age group. Many of the recommendations of the McMahon report that involve structural changes/im- provements are being implemented with necessary due consideration to fire safety, building regulation and planning issues. The Reception & Integration Agency (RIA), in consultation with its contractors, are examining the feasibility of phasing in the re-designation of accom- modation so that where possible each family has an independent living space. The House will appreciate that such structural changes cannot be put in place overnight and will take time but I am committed to implementing the improvements. Given the scope of the structural changes that have to be implemented, I am satisfied with the progress of such major improvements since the publication of the Agreed Programme for Partnership Government. Questions Nos. 12 and 13 answered orally. 16/02/2017WRA00800Policing Authority 16/02/2017WRA0090014. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she 133 Questions - Written Answers will amend the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 to further empower the Policing Authority in order to make the Garda Commissioner directly answerable to the authority; and if she will make a statement on the matter. [7672/17] 16/02/2017WRA01000Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): The es- tablishment of the new Policing Authority has been both a welcome and, I think, necessary addition to the policing landscape in the State. It has brought a dedicated layer of public ac- countability to the operation of policing services and it represents one of the most significant and progressive reforms to the justice sector over recent years. Indeed, the recent transfer of the appointment function in relation to the senior ranks is a particularly important signal of this reform. This House recently debated the Joint Committee on Justice and Equality’s Report on Garda Oversight and Accountability and I made the point during that debate that the recent changes related to policing need further time to fully embed themselves before we can fully assess the Authority’s effectiveness. That said, I strongly believe that the Authority has made a significant impact during its first year. Since its establishment, it has focused, as a matter of priority, on its functions which have statutory deadlines and reform significance. It has met on several occasions with the Commis- sioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters. A number of these meetings have been held in public to reassure the com- munity about the performance of An Garda Síochána. Areas that have been highlighted in the discussions include: - implementation of the Modernisation and Renewal Programme within An Garda Sío- chána; - review of the Garda Protected Disclosure policy; - plans to conduct a culture audit within An Garda Síochána; - corporate governance arrangements and management structures within An Garda Sío- chána; and - arrangements for training and the professional development of members. The Authority has approved a three year Strategy for An Garda Síochána. It has also de- termined the policing priorities for 2017 which informed the content of the recently published 2017 Policing Plan. It has reviewed and issued recommendations on the Garda Protected Dis- closure policy and also recently launched a Code of Ethics which includes standards of conduct and practice for Garda members. In developing the legislative framework that now governs policing in the State, considerable thought was given to the Constitutional framework within which it would operate. In this re- gard, it is clearly the position that the public functions of An Garda Síochána relating to policing and security are important elements within the executive power of the State and must therefore be exercised, in accordance with Article 28.2 of the Constitution, by or on behalf of the Govern- ment. Accordingly, the provisions in the Act are designed to strike the right balance between, on the one hand, the exercise by the Policing Authority of effective and meaningful oversight of the Garda Síochána and, on the other hand, the retention by Government of essential residual powers in relation to policing. In my view, this new dispensation, although still in its early stages of development, is showing tangible results that bode well for its future. Having said that, I accept fully that we need to monitor how the new arrangements are 134 16 February 2017 working and, indeed, the legislation makes provision in this regard. The Authority is required, within 2 years of its establishment to submit to the Minister for Justice and Equality a report on the effectiveness of the Authority and the adequacy of the functions assigned to it. In addition, there is a requirement on the Minister for Justice and Equality, in consultation with the Minister for Public Expenditure and Reform, to review the operation of the statutory provisions relating to the Authority. That review must take place not later than 5 years after the establishment of the Authority. These provisions will ensure that the current Garda oversight arrangements can be kept under review in an orderly and sensible fashion. They will also provide an appropriate mecha- nism whereby any amendments considered necessary to the functions of the Authority can be identified.