James Reilly (Dublin North, Fine Gael)
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Well done. The low pay commission is looking at the minimum wage, not sectoral pay, so that is not appropriate.

Deputy Troy mentioned the Children First legislation and the sanctions therein. That is currently being progressed and will come back very shortly. In regard to the adoption and information tracing Bill, I reiterate what I said in the Seanad yesterday which, I am sure, Senator Jillian van Turnhout will corroborate. I made it very clear that the Bill we are formulating and advancing will deal with both prospective and retrospective adoptions.

The issue of the social workers on maternity cover has been raised by a number of Members. Deputy Troy mentioned that he had been told that people give notice at around 12 weeks of pregnancy and can anticipate going on maternity leave but that the group which looks at this issue deal with the situation when the person has taken leave. I have no evidence to support that contention and it would make very little sense in terms of planning. The Deputy will be aware there is a new pilot to offer people 12 month contracts to those covering maternity leave to make it a more attractive job offer.

Deputy Troy also raised the equal opportunity in the early childhood care education, ECCE, for those with special needs. As he pointed out the HSE does provide supports. I would be very concerned that we have support for and open access to this scheme for children with disability. Those with an intellectual disability often gain the most. Deputy Sandra McLellan mentioned that children with autism are a particular case in that regard. I will return to that issue.

The guardian ad litem, GAL, has been a situation that we have inherited. It is totally in the hands of the courts in many respects but, nonetheless, we are co-operating with Tusla in developing a new methodology for the whole area of the guardian ad litemservices, looking at what they do in the North of Ireland which is very different. At the moment there is no minimum criteria. A judge can appoint anyone a guardian ad litem. The bills they submit vary from what appears on the surface to be very reasonable to multiples of that, which seem very unreasonable.

Ultimately, it is a matter for the courts, but there are measures we can take, in conjunction with Tusla, which we intend to take, because this is an area where we believe greater efficiency and value for money can be achieved. We want the money we put into the Child and Family Agency to be spent on looking after children, not on legal fees.

Deputy McLellan asked about the interdepartmental group's report. Its first meeting will take place next week and it will make its report by the summer.She also mentioned children with autism. Autism is more the remit of the Department of Health and the HSE and the Minister of State, Deputy Kathleen Lynch, in particular. However, I am aware from discussions when in that Department that it is focused on trying to move away from services delivered on the basis of diagnosis to services delivered on the basis of need and that arising from that need and service, a diagnosis would arise that might allow a more honed and focused service to be made available. In other words, we want to get away from the situation where parents have to pay large sums of money to private people to get a diagnosis in order to get a service. That is not in anybody's interest, particularly not the interest of the child.

We dealt with the social work issue quite comprehensively previously but because it is so important, I am happy to deal with it again. It is true that social workers are resigning at the rate of one a week, which is a cause of great concern to those involved in this area. However, with approximately 1,400 social workers, the rate of resignations is just between 6% and 10%. This compares favourably with international statistics. In America, the rate varies from 20% to 40% from state to state. In New South Wales, the rate is over 20% and in Wales, it is 15%. The Deputy asked a reasonable question, as to why the rate of resignation is twice what it might be in management. Clearly, this has to do with the stressful nature of the job. This is the case regardless of where the job is carried out, whether here, the United States, the United Kingdom or Australia.

It is a great tribute to our social workers that the rate here is so low and that their commitment is so great and that they enjoy their work. I met their representative body, which made clear what the issues are. I am clear on the issues and I wish to support social workers in every way I can, particularly in regard to the lack of IT resources and doing work that others could and should be doing. Social workers are highly trained and specialised and they alone can do certain types of work. That is the work they should be doing, not work others, such as liaison officers, could be doing. Social workers are happy to do this work, because there is nobody else to do it, but somebody else should be available. We are looking at this in the context of the new approach we are developing.

The Deputy asked when would staff be in place for the low pay commission and when it would commence. The staff are in place and I visited them in Baggott Street . We look forward to them making progress. The commission is,de facto,up and running, because the Taoiseach has signed the order.

Both the Deputy and Senator van Turnhout asked about the ombudsman and direct provision. There is no plan currently to give the ombudsman a remit in this area. This will be an across-government decision. Responsibility currently rests with the Department of Justice and Equality and the Reception Integration Agency, RIA. I have listened to what has been said and will discuss the issue at Cabinet.

I welcome the support offered in regard to the plain packaging initiative for tobacco products. I reassure the committee there will be no resiling by the Government on this initiative and that we will not be dictated to by external forces. The Deputy welcomed the fact there will be no cuts to youth work. I welcome that also. There is phenomenal volunteerism in this area and as a nation we can be proud so many people are prepared to give freely of their time to help young people develop. The involvement of youth in these programmes is among the highest internationally, which reflects the excellence of the service.

On the question as to why the national lottery funding is gone, in the cut and thrust of negotiations with the Department of Public Expenditure and Reform we let it go. It would not be absolutely true to say that by letting it go, we got €26 million extra, but letting it go made it easier to negotiate a better deal in a spirit of good will. Clearly, with all the choices we have to make within a budget, we must look at the areas in greatest danger and greatest need. Children without a social worker are a priority and we must focus on them.

I understand what Senator van Turnhout said about the special rapporteur, but I am not in a position to withdraw the response given. She asked what the point was of the rapporteur making these recommendations if they are not taken on board and implemented. The counter argument to that would be what is the point of having a government if it can be dictated to by a rapporteur? We take on board the advice and recommendations of the rapporteur, but I understand the Senator's disappointment that some of the issues have not been fully taken up with all the Departments. These are issues we can continue to look at.

Perhaps Mr. Ryan or Dr. Lynch would like to comment on the issue of the rapporteur.