Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I am pleased to have this opportunity to speak on the Second Stage of this important legislation. The purpose of this Bill is to give full effect to the Taoiseach's announcement on 27 June 2020 that education and welfare functions would return to the Department of Education. These functions, namely, the functions vested in me, or under the Education Welfare Act 2000, and the administrative functions in relation to the administration of the home school liaison scheme and the school completion programme, were transferred to the Minister for Education by the transfer of functions order SI 588 of 2020, with effect from 1 January 2021.

Tusla, the Child and Family Agency, is responsible for the delivery of these services under the Child and Family Agency Act 2013, through the Tusla education support services, TESS, and the alternative education and registration service, AEARS. The Child and Family Agency Act 2013 currently provides for my governance and oversight of Tusla in respect of all Tusla functions. This Bill is to provide the Minister for Education with appropriate powers to provide policy guidance, direction and prioritisation parameters for Tusla in respect of education welfare matters.

Following approval by Government on 22 June 2021, I sought a waiver of pre-legislative scrutiny of the Bill in order to publish it before the end of summer session, because the Bill is intended to provide the Minister for Education with the appropriate statutory oversight in respect of education welfare functions, which are exercised by Tusla, and does not represent any new policy objective. The request for a waiver was approved by the Oireachtas joint committee on children at its meeting of 29 June 2021. I now turn to the provisions of the Bill.

Section 1 provides the definition of the principal Act as the Child and Family Agency Act 2013, while section 2 provides a definition of educational welfare functions in respect of the Child and Family Agency and the Minister for Education. Section 3 amends the principal Act for the purpose of including a reference to the Minister for Education into the standard expenses provision of principal Act. Section 4 amends section 8 of the principal Act, which sets out functions of the agency. It provides that the Minister for Education may request the agency to undertake or commission research into matters in respect of his or her education welfare functions and that the agency may give information, advice or make proposals to Minister for Education in respect of its education welfare functions. Section 5 amends section 13 of the principal Act and provides the annual report of the Child and Family Agency shall include any particulars that the Minister for Education may require, and will be submitted to the Minister for Education at the same time that it is submitted to me.

Section 6 amends section 14 of the principal Act by placing an obligation on the agency to furnish the Minister for Education with information that the Minister is likely to consider significant for the performance of his or her functions under the principal Act or otherwise. The amendment further provides that the agency must provide information regarding any other occurrence or development that falls within a class of occurrences or developments that has been specified in writing by the Minister for Education, having regard to his or her functions under the principal Act or otherwise. The agency shall when required by the Minister for Education submit a report on matters connected with the education welfare functions of the agency and specified by the Minister for Education.

Section 7 amends section 15 of the principal Act to provide that the Minister for Education may require the agency to furnish certain information and documents where he or she considers it necessary in the public interest to so, for the performance of his or her functions under the principal Act or otherwise. The agency is required to provide the information with any period specified by that Minister and in any event, without delay. Section 8 amends section 16 of the principal Act by inserting references to the Minister for Education in order to enable the Minister to share certain information or documents received pursuant to sections 14 or 15 of the principal Act in the context of any examination or inquiry.

Section 9 amends section 17 of the principal Act by inserting a reference to the Minister for Education for the purpose of enabling that Minister to use any information or documents furnished under sections 14 or 15 as he or she requires for the performance of his or her functions. Section 10 amends section 18 of the principal Act by inserting a reference to the Minister for Education into the saver section, to clarify that nothing in sections 14 to 17, inclusive, limits the power of the that Minister contained elsewhere in the principal Act or otherwise to require information from, or issue directions to, the agency.

Section 11 amends section 19 of the principal Act and provides that the Minister for Education will nominate a person to be a member of the board who, in that Minister's opinion, has experience of and expertise in matters connected to the education welfare functions of the agency. This section further provides that the Minister will appoint the nominee of the Minister for Education no later than 24 September 2023. Section 12 amends section 20 of the principal Act with a similar provision should a casual vacancy arise in respect of a board member with educational welfare experience appointed in accordance with section 19(2A).

Section 13 amends section 21 of the principal Act, by providing that the board of the agency is accountable to the Minister for Education in respect of the performance of education welfare functions. It places a requirement on the board of the agency to inform the Minister for Education of any delegation or revocation which relates to the education welfare function of the agency. It further provides for the Minister for Education to issue directions to the board. It also requires the agency to bring any matter to the attention of the Minister for Education that it considers requires that Minister's attention. Section 14 amends section 29 of the principal Act. The purpose of this amendment is to place a requirement on the chief executive to provide the Minister for Education with information that he or she may require relating to the performance of his or her education welfare functions and the implementation of that Minister's policies and priorities with regard to those functions.

Section 15 amends section 40 of the principal Act. The purpose of this amendment is to provide for a person making a disclosure of confidential information to the Minister for Education. Section 16 amends section 41 of the principal Act and provides that the performance framework shall include such policy guidance, direction and prioritisation parameters for the preparation of the corporate plan of the agency as the Minister for Education in respect of his or her education welfare function shall provide. Section 17 amends section 42 of the principal Act to provide that the corporate plan of the agency will accord with my policies and objectives, and those of the Minister for Education and the Government, as they relate to the functions of the agency. The corporate plan will be submitted to the Minister for Education at the same time that it is submitted to me. Furthermore, within the timeframe specified, the Minister for Education may, insofar as the corporate plan relates to the education welfare functions of the agency, issue directions regarding amendments to the proposed plan.

Section 18 amends section 44 of the principal Act, by providing that the Minister for Education shall, in respect of the education welfare functions of the agency develop an annual performance statement. This performance statement will provide the agency with specific policy guidance, direction, prioritisation and resource parameters, in respect of each year for the preparation of its annual business plan. Section 19 amends section 45 the principal Act to provide that the Minister for Education will, in respect of the financial year of the agency, determine the maximum amount of net expenditure that may be incurred by the agency in respect of its education welfare functions for that financial year, and notify the agency of the determination of net expenditure in the context of the performance statement developed under section 44(1A).

Section 20 amends section 46 the principal Act to provide that within the timeframe specified, the agency will submit a business plan to the Minister for Education prepared in accordance with the performance statement developed by that Minister. The business plan must contain any other information specified by the Minister for Education in respect of education welfare functions of the agency and accord with the policies and objectives of that Minister as they relate to the functions of the agency. The Minister for Education may, in certain specified circumstances, direct the agency to amend the business plan.

Section 21 amends section 47 of the principal Act and provides that the Minister for Education may, in respect of the education welfare functions of the agency, give an additional direction in writing to the agency with which the agency must comply. Section 22 amends section 48 of the principal Act by providing that the Minister for Education may at any time issue additional guidelines in writing to the agency in respect of the education welfare functions of the agency. Section 23 amends section 51 of the principal Act by placing an obligation on the agency, if required to so by the Minister for Education, to furnish him or her with information in respect of the education welfare functions of the agency as that Minister may require in respect of any balance sheet, account or report of the agency. Section 24 amends section 52 of the principal Act and provides that the Minister for Education may advance sums to the agency for the purposes of expenditure by the agency in the performance of education welfare functions.

Section 25 amends section 56 of the principal Act to provide that a direction issued by the Minister for Education under section 47 is one of the matters to which the agency may have regard before entering into any arrangement with a not-for-profit service provider. The amendments also provide that the Minister for Education may make regulations in respect of arrangements between the agency and education welfare service providers.

Section 26 amends section 59 of the principal Act by inserting a reference to the Minister for Education with respect to not-for-profit services that are supplemental to services provided by the agency.

Section 27 amends section 70 of the principal Act in order to provide that the agency will submit, as part of its annual report, a general report to the Minister and the Minister for Education on the performance of its functions under Part 9 of the principal Act.

Section 28 amends section 94 of the principal Act by providing that if the agency adopts a report which relates to the education and welfare functions of the agency it shall submit a copy of that report to the Minister for Education.

Section 29 amends section 95 of the principal Act by inserting a reference to the Minister for Education in order to provide that where the agency is performing its functions related to education welfare the agency may, with my consent and that of the Minister for Education, make regulations specifying such charges as it considers necessary and appropriate.

Section 30 is a standard provision that provides for the Short Title and commencement of the Bill.

I would like to thank the Minister for Education and her officials for their engagement and collaboration with officials in my Department and Tusla during this process. Both Departments worked closely together to enhance and develop supports for vulnerable children through the critical links and synergies with other areas of Tusla and the Department of Education. I am pleased to have had the opportunity to outline the provisions of the Bill and I look forward to hearing the views of Senators on its contents. I commend the Bill to the House.