Paul Murphy (Dublin South West, RISE)
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292. To ask the Minister for Children, Equality, Disability, Integration and Youth the decision-making process regarding the re-designation of children's residential care organisations for re-designating sections 38 and 39 residential childcare organisations as section 56. [49217/22]

Paul Murphy (Dublin South West, RISE)
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293. To ask the Minister for Children, Equality, Disability, Integration and Youth the consultation regarding the re-designation of children's residential care organisations that took place with the management and staff of these organisations before being re-designated as section 56 organisations. [49218/22]

Paul Murphy (Dublin South West, RISE)
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294. To ask the Minister for Children, Equality, Disability, Integration and Youth if management and staff of section 38 and 39 organisations were informed by either his Department, the HSE or Tusla of any potential changes to their terms and conditions regarding the re-designation of children's residential care organisations. [49219/22]

Paul Murphy (Dublin South West, RISE)
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295. To ask the Minister for Children, Equality, Disability, Integration and Youth the basis on which section 56 organisations were informed that their funding would be reduced by an initial 5% if they refused to sign section 56 service level agreements with Tusla regarding the re-designation of children's residential care organisations; if any of these organisations lost funding as a result; and if so, the number. [49220/22]

Paul Murphy (Dublin South West, RISE)
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297. To ask the Minister for Children, Equality, Disability, Integration and Youth the way in which the relationship between organisations (details supplied) differs from the employment relationship between section 39 organisations that received pay restoration and the HSE, which funds them. [49222/22]

Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 292, 293, 294, 295 and 297 together.

As Minister for Children, Equality, Disability, Integration and Youth I value highly the work of the community and voluntary sector across the country that provide services to and on behalf of Tusla, the Child and Family Agency. I am conscious of the extremely positive impact these organisations have on improving outcomes for children, young people and families all over Ireland.

I understand that where the Deputy refers to Section 38 and Section 39, he is referring to the Health Act 2004, which is a matter for the Minister for Health. The Workplace Relations Commission (WRC) agreement reached between the Department of Health and HSE and trade unions representing staff in certain section 38 & 39 organisations is a matter for the Minister for Health.

The Child and Family Agency Act 2013 provided for the establishment of Tusla, which included the transfer of certain functions of the Health Service Executive to the new Agency. The Act was signed into law on the 15th December 2013 following substantial consultation and legislative scrutiny.

Community and voluntary organisations who provide valuable services to help Ireland's children and families had, prior to the establishment of Tusla, been receiving funding from the HSE. Since establishment of Tusla in 2014, many of those organisations began to receive their funding from Tusla. The arrangements that Tusla enters into with a person or organisation for the provision of child and family services have been subject to the provisions of Part 8 of the Child and Family Agency Act, 2013. In accordance with Section 56 of that Act, Tusla commissions service providers in over 600 community and voluntary sector bodies to deliver services on its behalf. The commissioning of services is an operational matter for Tusla. Section 56 (2) requires that Tusla determines the maximum funding it proposes to make available during the course of each year under each arrangement and the level of service it expects to receive in return for that funding. Such relationships are then governed under a service level agreement. These service level agreements provide clarity to all involved on the available funding and the level of service being commissioned.

The service providers operate independently of Tusla and are responsible for their own internal resource management including the recruitment of employees and the terms and conditions under which their staff are employed. The remuneration of the staff of these bodies is therefore a matter for these organisations as employers.

Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'.

Paul Murphy (Dublin South West, RISE)
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296. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason that having had their pay cut during the economic crisis, as Section 38 and 39 organisations funded by the HSE, that Section 56 organisations were excluded from pay restoration following the re-designation of children’s residential care organisations (details supplied); and if he will make a statement on the matter. [49221/22]

Roderic O'Gorman (Dublin West, Green Party)
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I understand that where the Deputy refers to Section 38 and Section 39, he is referring to the Health Act 2004, which is a matter for the Minister for Health. The Workplace Relations Commission (WRC) agreement reached between the Department of Health and HSE and trade unions representing staff in certain section 38 & 39 organisations is a matter for the Minister for Health.

The arrangements that Tusla enters into with a person or organisation for the provision of child and family services are subject to the provisions of Part 8 of the Child and Family Agency Act, 2013.

Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'.

Organisations commissioned to deliver services under Section 56 operate independently of Tusla and are responsible for their own internal resource management, including the terms and conditions under which their staff are employed. The remuneration of the staff of these bodies is therefore a matter for these organisations as employers.

Paul Murphy (Dublin South West, RISE)
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298. To ask the Minister for Children, Equality, Disability, Integration and Youth if he or his Department have given consideration to the potential impact on children in the care of voluntary organisations when the staff who look after them on behalf of the State, have been excluded from pay restoration and have had no pay increase for more than 12 years and are allowed to fall further and further behind their colleagues in the statutory and private sectors following the re-designation of children’s residential care organisations. [49224/22]

Roderic O'Gorman (Dublin West, Green Party)
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The care of our most vulnerable children and young people is a matter of priority for me and for Tusla, the Child and Family Agency, which has statutory responsibility to protect children and promote their welfare under both the Child Care Act, 1991 (3) and the Child and Family Act 2013 (8).

There are a wide range of safety and quality assurance controls in place to provide oversight of the quality and safety of placements for children in the care of the State. Tusla and my Department are committed to promoting safe practice in all areas of care.

For example, the Agency provides and commissions Mainstream Residential Care Services, Specialised Residential Care Services and Special Care through 177 Residential Care Centres, comprising Tusla owned Centres, Community & Voluntary Centres, and Private Centres. Regulations and Standards govern the placement of children in the varying forms of Residential Care. These provide for the welfare of the child, the care practices, care records, accommodation and safety precautions. The Regulations also provide that the allocated social worker oversees the implementation of the child's care plan, visits the child and consults with family members and other people involved with the child to ensure that his or her needs are being met and that the care being provided is optimal.

In 2020 my Department conducted an IGEES Spending Review into Tusla Residential Care Costs. The review examined the context and rationale for State provision of residential care services for children and young people, provided an overview of government-funded residential care costs in recent years and presented an analysis of the key cost drivers underpinning residential care costs in recent years.

On establishment of the Child and Family Agency in 2014, the arrangements the Agency enters into with a person or organisation for the provision of child and family services or services have been subject to the provisions of Part 8 of the Act.

In accordance with Section 56 of the Act, Tusla commissions residential care services under a Service Level Agreement. These service level agreements provide clarity to all involved on what funding is to be provided and what service is expected in return for that funding.

Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'. Service providers operate independently of Tusla and are responsible for their own internal resource management including the recruitment of employees and the terms and conditions under which their staff are employed. Staff in Community and Voluntary Organisations are not Public Sector Employees. For these reasons, neither Tusla nor my Department are in a position to determine the pay of workers in Section 56 organisation.

In 2021, this Tusla provided €6.2m (a once off 5% increase in funding to organisations engaged under section 56) in funding to section 56 organisations and additional funding, on top of the 5%, to specific organisations, where there were some clear sustainability/complexity issues. In 2022, additional funding of €6.0m is allocated to enable Tusla increase supports to the wider Community and Voluntary sector.

I am happy to confirm that my Department has increased funding to Tusla in recent years. Budget 2023 brings Tusla's funding allocation to €935m, an increase 4% on 2022. This underlines my commitment to supporting Tusla and its service delivery partners providing residential services for children in care.