Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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27. To ask the Minister for Children and Youth Affairs the current Tusla policy on dealing with children with disabilities in accessing child protection services; her views on the recent reports which suggested that children with disabilities were treated less favourably; and if she will make a statement on the matter. [39930/16]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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This question follows on from a number of reports on RTE's "This Week" programme largely relating to a document released under freedom of information identifying clear cases of inequity when dealing with child protection cases involving children with disabilities. It highlights issues of resources with Tusla in this regard.

Katherine Zappone (Dublin South West, Independent)
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It is vital to emphasise that the Health Information and Quality Authority has never found, in all of the inspections that it has conducted, an instance where child protection services, when required, were not immediately available. Tusla has reiterated its position that all child protection concerns it receives are screened and assessed in line with Children First: National Guidance for the Protection and Welfare of Children and that all such concerns are treated in the same way, regardless of any other challenges a child may or may not face. Tusla has confirmed to me that no child is excluded from accessing child protection services, regardless of his or her situation.

Each child presenting to our State services comes with a range of different needs and support requirements. Children in the care of Tusla regularly receive disability services from the HSE, where appropriate. Where a child requires additional supports, for example, for a disability, the best possible care and service is sourced for him or her.

The commentary by the HSE, to which Deputy Ó Laoghaire referred, relates to observations on the joint working protocol between the HSE and Tusla. This document, of which disability forms just a part, was agreed upon the establishment of Tusla in January 2014. The comments in question relate to 2014 and matters have moved on since then.

Since 2015, Tusla has been actively seeking to establish a new, detailed, disability protocol with the HSE governing children in care and aftercare, and access to disability services. This protocol would also specify how Tusla might be of assistance to HSE cases in relation to supports under Tusla's remit. I am pleased that, in recent days, Tusla and the HSE have agreed a new protocol in principle which will operate to ensure good collaboration between Tusla and the HSE on disability related services for children.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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First, I am conscious that parents of children with disabilities and those with disabilities ultimately find themselves fighting for every right and entitlement that they should be due.

There are a number of elements of the Minister's response that require further development, the first of which is that this protocol has recently been agreed. Obviously, up until now, the existing protocols were still in effect. When will that protocol take effect?

On the correspondence that existed, one of the quotes was "that service providers whilst following the Children First Guidelines are then unable to access child protection services due to an increase in the threshold level and criteria of the CFA framework as set by the CFA [Child and Family Agency]". It was to do with those guidelines and criteria that existed in that framework. The Minister responded that, "where required", these services were available. It seems to have been an issue that there were children who probably should have been considered to be requiring services that were not evaluated in this regard and were not considered to be required.

Katherine Zappone (Dublin South West, Independent)
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I thank Deputy Ó Laoghaire. I appreciate him asking further questions in this regard. The protocol I identified in terms of recent meetings between Tusla and the HSE is effectively an amendment of a protocol that has already been established. Tusla and the HSE, as I indicated, have been in a process of reaching out to one another to identify new ways to ensure, particularly in disability services because this has to do with the heart of the Deputy's answer, that it is clear who is responsible for what when children who require disability services are in care. Tusla's responsibility is when children are in its care and protection. When children are in Tusla's care and protection, if disability support services are needed to be provided, that is the responsibility of the HSE, but there needs to be an effective protocol developed between the two agencies. I am saying to the Deputy that the two agencies have most recently ensured that in principle they will have a more effective protocol from now on in order that no child who requires those disability services in the context of the care of Tusla does not receive those because of the lack of inter-agency co-operation.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Before I proceed to my second supplementary, the Minister in her response might clarify whether that protocol takes effect immediately or at some date in the future.

My second supplementary relates to another timeline that I would be looking for.

For some time, there has been a debate on Ireland's inability to ratify the UN Convention on the Rights of Persons with Disabilities, CRPD. The convention was signed in March 2007, almost ten years ago, but it still has not been ratified, although it has been ratified by 156 other countries since then. That puts us behind countries with far fewer resources and less capacity, such as Vietnam, Togo, Uganda and many others. The Government, including the Minister of State, Deputy Finian McGrath, has stated time and again that this is a priority. Can the Minister give a commitment that the Government will ratify that convention? It is vital for children with disabilities.

Katherine Zappone (Dublin South West, Independent)
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I assure the Deputy that the protocols have been improved and amended effectively over the last number of months. In the past couple of weeks there was a disabilities protocol group meeting in which it identified that there will be a standardised operating procedure governing retrospective disclosures and the sharing of information as well as a number of other aspects, particularly how to define lifelong placement agreements as adult placements. These are agreed in principle and they are in effect. It is a matter of writing it up and ensuring it is copperfastened in the original text. The group assures me that this is what is guiding the inter-agency co-operation. I and other members of the Government are absolutely committed to ensuring this Government is able to ratify the convention.