Robert Troy (Longford-Westmeath, Fianna Fail)
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8. To ask the Minister for Children and Youth Affairs if she will expedite a resolution to the conflict between data protection legislation and preschool regulation compliance to enable students to undertake mandatory placements in child care services; and if she will make a statement on the matter. [6651/14]

Charlie McConalogue (Donegal North East, Fianna Fail)
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15. To ask the Minister for Children and Youth Affairs if she will amend the Child and Family Agency requirements under the Garda vetting standard of the child care preschool services regulations that relate to students to allow a letter confirming clearance from training organisations to be deemed compliant with regulations; if her attention has been drawn to the fact that the regulations as they stand are jeopardising training placements; and if she will make a statement on the matter. [6656/14]

Charlie McConalogue (Donegal North East, Fianna Fail)
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30. To ask the Minister for Children and Youth Affairs if she will amend the Child and Family Agency requirements under the Garda vetting standard of the child care preschool services regulations relating to students to allow a letter confirming clearance from training organisations to meet compliance; and if she will make a statement on the matter. [6655/14]

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Minister will be aware of a conflict that has arisen recently between data protection legislation and new preschool regulations, which is putting mandatory training placements in jeopardy because Garda vetting clearance certificates cannot be transferred between service providers and training providers through which people carry out the mandatory training. Will she confirm whether she intends to take measures to bring about a speedy and satisfactory resolution to this issue?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 8, 15 and 30 together.

I am aware that a problem exists in respect of the sharing of student vetting information by training colleges with a third party. It is my understanding that timing issues between a student finding a placement with a service provider and the time they need to be on placement may not allow for the service provider to obtain Garda vetting on behalf of the student. Where training colleges process Garda vetting for their students and subsequently secure placement of these students in child care settings, they are not permitted under current data protection regulations to release the vetting documents or copies to the child care service. The position of the Office of the Data Protection Commissioner is that the disclosure of such information to other parties, even with the consent of the vetting subject, is not appropriate and could potentially undermine the integrity of the vetting process. Service providers cannot accept students on placement unless the full Garda vetting documentation is available to them because of the requirements of the preschool regulations. This is to ensure clear responsibility for the vetting of those working with children in this area.

I am anxious that the issue raised by the Deputy be fully examined to find a workable solution can be devised. I agree with him that a workable solution has to be found. My Department has been in touch with the Data Protection Commissioner and I am arranging an urgent meeting to discuss this and a range of issues relating to the delivery of child care services. It is important that we reach a resolution on this because, clearly, it is impacting on placements and the training of child care workers

Robert Troy (Longford-Westmeath, Fianna Fail)
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I am glad the Minister is aware of the problem and that she is in the process of bringing about a resolution. However, she has not outlined how that will be brought about. I tabled a similar question to the Minister for Justice and Equality regarding his role under data protection legislation to which he replied:

I understand that in the course of audits of childcare providers, the HSE has sought a certified copy of the Garda Vetting Disclosure to be provided to the relevant childcare provider. It is the view of the Data Protection Commissioner that this is not necessary. In September 2013 the Data Protection Commissioners wrote to the colleges in question and to the HSE, suggesting that a written confirmation that a college has vetted a person is sufficient confirmation that the Garda Vetting process has been complied with

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is crucial that the integrity of the vetting procedure be maintained. If there is any question of the Data Protection Commissioner feeling this will not be the case and there is not a separate vetting procedure, I will have to resolve that with him. If he is satisfied with that, it is a question of us further examining the preschool regulations to see if the resolution suggested by the Deputy is acceptable. We are currently examining that. On the face of it, if vetting has taken place recently, one would hope that would suffice but this issue has arisen in regard to vetting a number of times in other areas where even if somebody had been vetted by an organisation previously and they moved to work in another setting, the Garda had taken the approach that to preserve the integrity of the process, separate vetting was necessary. I realise the impact this is having on training and I will work to ensure as quick a resolution as possible.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I refer to how this is impacting in County Donegal. Currently, it is estimated that 400 students are affected across the county with Letterkenny Institute Technology's most recent placement period commencing at the end of January. Donegal Education and Training Board courses require the Garda vetting procedure to secure work placements and they are run in Donegal town, Stranorlar, Lettermacaward, Gortahork, Milford, Letterkenny and Moville. A total of 180 students are on the current programme placement. Approximately 200 students are on LYIT's early education social and care programmes and it is estimated that there are 60 additional early childhood programmes offered by private teaching organisations in the county.

This issue is also expected to impact on community employment workers on placements with children. Currently, DLCD has 51 placements and Inishowen Partnership has 21. Many of those who should have commenced their placements by now have had to go on placements that are not directly related to child care because of the ongoing Garda vetting issue. It is crucial that this be resolved quickly. Will the Minister elaborate on what has been done in this regard up to now? When does she expect a practical resolution to this to be finalised?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I thank the Deputy. Clearly, this is an urgent issue. If the Garda vetting clearance given to colleges is not deemed sufficient for the placements, the vetting unit has additional staff. Many Members have raised the issue of delays in securing Garda vetting clearance. The delays have been reduced considerably but I take the Deputy's point. My staff are in contact with the Data Protection Commissioner and they are trying to find a resolution to this because it is an urgent issue.

Robert Troy (Longford-Westmeath, Fianna Fail)
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This is an example of bureaucracy gone mad. The Minister has said these people should seek a second clearance certificate from the vetting organisations in County Tipperary. I agree waiting times have reduced but people are still waiting weeks for these certificates. What is wrong with a training organisation, which has recently obtained a Garda clearance in respect of students, passing on a letter to the service provider with which they will do their training for a number of weeks that says they have been vetted by the Garda unit? There should be no problem, good, bad or indifferent with that.

The Minister said she has been working on this and she is aware of the problems this is causing many service providers and training institutes but she seemed surprised by the reply I quoted from the Minister for Justice and Equality. Will there be a speedy and satisfactory resolution to this issue? My colleague has clearly outlined the ramifications for people in County Donegal. That is being repeated the length and breadth of the country.

Charlie McConalogue (Donegal North East, Fianna Fail)
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It is not acceptable to suggest people have to go through Garda vetting a second time because there are still significant delays of a number of weeks.

Will the Minister outline her view on current delays at the Garda vetting office? I am aware that these stood at 15 to 16 weeks a couple of months ago. Deputy Troy put forward a very sensible solution. Many students find themselves on a sticky wicket at present and cannot proceed with placements relating to their courses as a result of the delays in question. Unless a real and immediate solution is arrived at, they will continue to be unable to take up their placements as planned. Deputy Troy has put forward a very good solution and I ask the Minister to explore it. Will she indicate what is the length of current delays at the Garda vetting office? Such delays are unacceptable and they are causing difficulties not just for these people, but also for many other organisations.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand that a significant number of staff have been appointed to the Garda vetting bureau. As the Deputies are aware, delays in vetting were previously of the order of 14 or 15 weeks. The most recent information I received indicates that these have been reduced to five or six weeks, which is a substantial change.

It is all very well for Deputy Troy to refer to the sharing of information. However, this has been central to the integrity of the Garda vetting process. Many organisations argued in the past that there should simply be a "passport" in respect of vetting and that this could be carried between different organisations. There has been concern that this would undermine the integrity of the vetting legislation and give rise to questions in respect of safety. The safety of children and ensuring that people are vetted are central to that legislation. Particularly organisations must ensure that their staff are properly vetted.

I take the point about placements for college students. I will ensure that a resolution is arrived at as speedily as possible. I must seek to discover whether the same rules on vetting apply as have applied in the past on the sharing of information between organisations. It has been clearly stated that this cannot happen. I will be obliged to discover, therefore, whether the vetting in respect of a college student who is due to take up a placement will suffice for that placement. I understand the point being made and I want a resolution to be found as quickly as possible.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Will the Minister communicate further with us on the matter?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I will.