Written answers

Tuesday, 17 April 2018

Department of Justice and Equality

Garda Youth Diversion Projects

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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508. To ask the Tánaiste and Minister for Justice and Equality the reason for the Irish Youth Justice Service, IYJS, proposals to alter their service delivery model whereby one Garda youth diversion project will be assigned to each Garda division (details supplied) which may undermmine the ability of independent projects to have their tender accepted for larger Garda divisions; and if he will make a statement on the matter. [15124/18]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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509. To ask the Tánaiste and Minister for Justice and Equality his plans to help young persons that have not been cautioned but whose actions have come to the attention of An Garda Síochána and local agencies further to the proposal from the IYJC that preference will be given to young persons that have been cautioned under the Garda diversion programme; and if he will make a statement on the matter. [15125/18]

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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520. To ask the Tánaiste and Minister for Justice and Equality the timeframe for setting the tendering of Garda youth diversion projects, GYDP, at a divisional level; if he has assessed the impact of such a measure on community-led projects; and if he will make a statement on the matter. [15253/18]

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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521. To ask the Tánaiste and Minister for Justice and Equality his plans to eradicate or limit the number of second referrals to GYDPs; and his rationale for doing so. [15254/18]

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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522. To ask the Tánaiste and Minister for Justice and Equality when he plans to publish the evaluation report of GYDP structures. [15255/18]

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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559. To ask the Tánaiste and Minister for Justice and Equality the deadline for proposals in relation to proposed tendering and contracting of the Garda youth diversion programme. [16046/18]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I propose to take Questions Nos. 508, 509, 520, 521, 522 and 559 together.

As the Deputy may be aware, my Department is obliged to carry out a call for proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.

To ensure State-wide coverage of GYDP services for young people, (which does not exist at present), the intention is that, in general, service provision will be aligned with Garda Divisions or other appropriate local areas with a distinct community identity as may be agreed during a wide ranging consultation process which is currently ongoing. Issues of community identify and numbers of potential participants on GYDPs in the area will be key considerations here.

The provision of GYDP services in all parts of the State has obvious advantages, particularly in terms of providing services for significant numbers of young people who cannot currently access them. In this regard, an independent evaluation report of the operation of an integrated approach to delivery of GYDP services within County Kerry, commissioned by my Department is expected to be finalised shortly. This report will help with the further development GYDP services in the context of the Call for Proposals.

GYDPs deliver valuable services for young people who have committed a crime or may be at risk of offending as well as providing important support for An Garda Síochána at local level. I can assure the Deputy that in the context of the Call for Proposals my Department is committed to ensuring continuity of service for participants on GYDPs and maintain a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, and in line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services for young people currently participating in the service. Furthermore, the Call for Proposals process will facilitate existing service providers forming consortiums, which could apply to provide services under the new comprehensive approach that is being developed.

GYDPs provide an effective and essential support to the operation of the statutory Garda Diversion Programme by An Garda Síochána. The principal focus of GYDPs is on young people who receive a Garda caution under the Diversion Programme for involvement in criminal or anti-social behaviour and are referred to a local GYDP (primary referrals). GYDPs also accommodate a certain proportion of young people who are considered to be at risk of involvement in offending or anti-social behaviour (secondary referrals).

In relation to secondary referrals, it has to be considered if, in principle, it is appropriate to refer a child to a Garda project where no criminal act has been identified. For some, a better option might be referral to available mainstream youth services that could appropriately support them. That being said, it is accepted that referrals to GYDPs must take account of local needs and issues in relation to access and availability of mainstream youth services. Following the Call for Proposals process, GYDP services will still accommodate a certain proportion of secondary referrals and the proportion of these may vary from area to area depending on identified local needs.

My Department is very much aware of the range of concerns expressed in relation to the Call for Proposals process. I can assure the Deputy that careful consideration is being given to all issues raised by stakeholders involved in GYDPs, including those of independent service providers, as part of the extensive consultation process which is currently ongoing. This process includes arrangements for an extensive series of meetings with community based organisations and project workers which will facilitate closer communication and exchange of information in relation to these matters. In addition, the consultations will include arrangements to hear the views of young people, including participants or former participants on GYDPs.

I can assure the Deputy that the new approach to GYDP provision which is being developed in preparation for the Call for Proposals will not reduce the level of service that already exists, or the importance of community involvement in its delivery. On the contrary, the intention is to build on, update and improve a very valuable service so that it is available to every child or young person in the country who requires it. This improvement to the service will have benefits for significant numbers of young people in the State who cannot currently access GYDP services. While certain aspects of the new service model have been determined, work is ongoing to complete the full details to be included in the Call for Proposals, which is expected to issue in the second quarter of this year. I am convinced that community ownership and participation of the projects is an essential dimension that must be preserved and strengthened in the working out of this process.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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510. To ask the Tánaiste and Minister for Justice and Equality his plans to ensure that TUPE regulations will be implemented for all staff of the Garda youth diversion projects regarding the change of the service delivery model; and if he will make a statement on the matter. [15126/18]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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As the Deputy will be aware my Department is obliged to carry out a Call for Proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.

I can assure the Deputy that my Department is committed to ensuring continuity of service for participants on all GYDPs and to maintaining a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, I am advised that the Call for Proposals process will facilitate existing service providers forming consortiums which could apply to provide services under the new GYDP model. In addition, and in line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services for young people who are participants.

I can assure the Deputy that the new approach to GYDP provision which is being developed in preparation for the Call for Proposals will not reduce the level of service that already exists, or the importance of community involvement in its delivery. On the contrary, the intention is to build on, update and improve a very valuable service so that it is available to every child or young person in the country who requires it. This improvement to the service will have benefits for significant numbers of young people in the State who cannot currently access GYDP services. While certain aspects of the new service model have been determined, work is ongoing to complete the full details to be included in the Call for Proposals, which is expected to issue during the second quarter of this year. I am convinced that community ownership and participation of the projects is an essential dimension that must be preserved and strengthened in the working out of this process.

Careful consideration is being given to all issues raised by stakeholders involved in GYDPs as part of a wide-ranging consultation process, which is currently ongoing. This process includes arrangements for an extensive series of meetings with community based organisations and project workers which will facilitate closer communication and exchange of information in relation to these matters. The consultation process will help to inform further development of the Call for Proposals in advance of it being issued.

As indicated above, the Call for Proposals will require applicants to provide for continuity of GYDP services to current participants. It is of course a matter for organisations which apply to provide future GYDP services under the Call for Proposals to ensure that they comply with relevant legal responsibilities, including in relation to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131/2003).

In conclusion, I might add that while my Department does provide funding for the operation of Garda Youth Diversion Projects, it is not the employer of the youth justice workers on these projects and has no human resources or industrial relations function in this regard.

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