Micheál Martin (Cork South Central, Fianna Fail)
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Question 52: To ask the Minister for Children and Youth Affairs the further primary and secondary legislation required for the establishment of and transfer of powers to her Department; when such legislation will be published and orders made; and if she will make a statement on the matter. [26057/11]

David Stanton (Cork East, Fine Gael)
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Question 74: To ask the Minister for Children and Youth Affairs further to Parliamentary Question No. 45 of 12 July 2011, the progress that has been made regarding the transfer of the Irish Youth Justice Service to her; and if she will make a statement on the matter. [26086/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister for her response. As we are now six months into this Government, it is very important that the legislation to complete the establishment of the Department and the transfer of powers from other Departments proceeds as quickly as possible. When does the Minister expect that the work she has outlined in her response will be completed? The Act establishing the child and family support agency will be key to the operation of the Department. Where does that stand currently and when will the Bill be published and go through the Dáil?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy can see from the fairly detailed reply I have provided that quite a number of the functions have been transferred. One function regarding youth justice is outstanding and, for budgetary reasons among others, it is intended that will be transferred on 1 January. We will work jointly on this because it is not being transferred in its entirety. Part of the work relating to the Garda diversion programmes will stay with the Department of Justice and Equality.

Establishing a new agency is a complex task. I have set up a task force, which has met and is working on establishing a new child and family agency. I do not have a timeframe for the task force for that but it is creating the vision for the new agency in association with the Department and myself. We are examining the transfer of responsibilities from the HSE. This is a period of change and it will not happen overnight. I do not have a precise timetable for the establishment of the agency because it is a complex task. I will attempt to examine the governance issues first and try to put the legislative base in place that will be needed by the agency as soon as possible in order that we can move forward with the legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Regarding the role and remit of the Minister's Department, I have to express disappointment that a number of questions I tabled for address today have either been transferred or disallowed. I am particularly concerned that in reply to a question I posed about inter-country adoption, specifically in regard to Vietnam, the Minister stated she has "no responsibility to Dáil Éireann in this matter". The reply does not even suggest the question has been transferred to the Adoption Authority of Ireland. I participated in many Question Times with the Minister's predecessor, the former Minister of State with responsibility for children, Deputy Barry Andrews, addressing inter-country adoption issues, including with specified countries such as Vietnam, and they were always dealt with by him. I point this out because this reply signifies a deterioration rather than an advance in terms of the new Department's establishment. Will the Minister clarify the position?

Another disallowed question related to the national vetting bureau. While I acknowledge the facilitating Bill has been moved to the Department of Justice and Equality, nevertheless given its focus on one of the important areas in the context of child protection, surely the Minister would be willing and able to respond on that legislation. I had other questions disallowed but these two replies have vexed me most. I am interested to know what the Minister can do about this for the future.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I will follow these questions up and correspond directly with the Deputy. I am happy to answer questions in the House in regard to Vietnam. Significant progress has been made in recent weeks in efforts to establish diplomatic relations with Vietnam on the adoption issue. I intend that I will answers questions relating to Vietnam in the House and I will correspond with the Deputy directly regarding his question.

The vetting legislation is the responsibility of the Department of Justice and Equality and the Minister will bring the legislation to the House. My Department has been involved in the preparation of the Bill. I can only assume the Deputy's question was transferred because the Minister for Justice and Equality will bring the legislation to the House but, as he rightly said, it impacts on child protection. I am particularly keen that issues relating to vetting are dealt with as soon as possible for a variety of reasons, not least because it will aid the protection of children and will help agencies who are currently experiencing delays.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Perhaps these questions could be addressed to the Minister for Children and Youth Affairs in the future.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Yes.