Written answers

Wednesday, 8 July 2015

Department of Children and Youth Affairs

Direct Provision System

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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30. To ask the Minister for Children and Youth Affairs the level of responsibility his Department and bodies under its remit, such as Tusla - Child and Family Agency, have for child welfare and protection issues involving children in the direct provision system; and if he will provide an update on interdepartmental deliberations between his Department and the Department of Justice and Equality to confer powers of oversight over the direct provision system to the Ombudsman for Children. [27332/15]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The direct provision system is under the policy remit of my colleague, the Minister for Justice and Equality. The Department of Justice and Equality has primary responsibility in the area of asylum and immigration. Children living in Direct Provision are in the care of their parent(s). However, any concerns about the welfare, safety or well-being of a child in Direct Provision are reported to Tusla, the Child and Family Agency in line with Children First guidelines. Tusla has been working closely with the Reception and Integration Agency, which has responsibility for accommodation in the direct provision system, on information sharing protocols. Tusla also has a role in providing care and protection for any unaccompanied minors who present seeking asylum. These children are, by definition, without parents or family in this jurisdiction and Tusla receives them into care on this basis while their applications for asylum are being processed.

The Ombudsman for Children is independent in his function and is directly accountable to the Oireachtas in relation to the exercise of his functions as provided in the Ombudsman for Children Act 2002. As Minister, I have certain functions and responsibilities for the Ombudsman for Children's Office under the Ombudsman for Children Act, 2002. These primarily relate to governance matters, most notably the funding of the Ombudsman for Children's Office through the Vote of my Department. Where matters are to be raised in relation to specific policies, including any need for legislative change he may wish to discuss, the Ombudsman for Children would engage with the relevant Minister directly, in this case the Minister for Justice and Equality. This particular issue was raised by the previous Ombudsman for Children in the report ‘Review of the operation of the Ombudsman for Children Act 2002’ in 2012. My Department engaged on the recommendation contained in that review with the then Minister for Justice and Equality, who considered that no legislative change was required.

On the 30th June 2015 the Report of the Working Group on the Protection Process, including Direct Provision and supports to asylum seekers, was published. The report contains 173 recommendations pertaining to improvements to the current systems and processes. A representative from my Department participated on this Working Group, contributing papers and hosting a subgroup of working group members with a particular interest in children's issues. I welcome the recommendations and look forward engaging with the Minister for Justice and Equality on the recommendations that would involve my Department. I continue to support the Minister for Justice in her drive to implement change in this area and improve the lives of those who need to avail of the protection process.

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