Frances Fitzgerald (Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 52 and 74 together.

The Department of Children and Youth Affairs was established on 2 June 2011 by the Community, Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2011, made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939. The effect of this order also gave responsibility for the Family Support Agency to the Department of Children and Youth Affairs. On 3 June 2011, a further order made under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, entitled the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order2011, transferred responsibility for the following legislation to the Minister for Children and Youth Affairs: the Adoption Act 2010; subsections (1)(d) and (2) - in so far as they relate to the young people's facilities and services Fund - of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007; the Ombudsman for Children Act 2002; the Protections for Persons Reporting Child Abuse Act 1998; and the Youth Work Act 2001.

The order also provided for the transfer of responsibility from the Minister for Health to the Minister for Children and Youth Affairs for the following functions: promoting the development of integrated policy frameworks to enable the development and implementation of cross-departmental strategies to secure the well-being of children and young people; conducting, commissioning and publishing research and building an information base to inform the development of policy and service delivery for children and young people across relevant Government agenciesand non-governmental organisations; developing, monitoring and supporting the implementation of play, recreation and youth policies; overseeing the development, improvement and monitoring of policies and structures to promote and enable participation by children and young people in decision-making on matters that affect their lives; and providing and administering preschool early childhood care and education scheme. Responsibility for the National Education Welfare Board was transferred by the national education welfare board order from the Minister for Education and Skills to the Minister for Children and Youth Affairs in May 2011.

It is intended to transfer responsibility for the Child Care Acts 1991 to 2011 from the Minister for Health to the Minister for Children and Youth Affairs, with effect from 1 October 2011. Before the Child Care Acts could be transferred, Part 4 of the Child Care (Amendment) Act 2011, which provides the legislative basis for the provision of information and documents by the HSE to the Minister for Children and Youth Affairs and creates a safe channel of communication for sensitive information from the executive to me as Minister, was required to be commenced. This was commenced on 8 September 2011.

In the context of the preparation of legislation to establish the child and family support agency, consideration is being given to any additional legislative provisions required by the Minister for Children and Youth Affairs to be included in that legislation. In the meantime, protocols for consultation between the Minister for Health and myself will be put in place, subject to our agreement.

It is intended that responsibility for children detention schools, Part 10 of the Children Act 2001, and for remand places under section 88 of that Act will transfer from the Minister for Justice and Equality to me as Minister for Children and Youth Affairs. It is intended to transfer these responsibilities by a transfer of functions order. I will consult with the Minister for Justice and Equality and the Minister for Finance as to the appropriate timing of the transfer. In the interest of administrative efficiency, it appears most appropriate that the transfer of responsibility will take effect on 1 January 2012 to coincide with the financial year. However, the Irish Youth Justice Service staff will move to my Department in the coming weeks. Protocols for consultation between the Minister for Justice and Equality and the Minister for Children and Youth Affairs will be put in place subject to our agreement.

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