Written answers

Tuesday, 15 November 2022

Department of Children, Equality, Disability, Integration and Youth

Voluntary Sector

Photo of Duncan SmithDuncan Smith (Dublin Fingal, Labour)
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436. To ask the Minister for Children, Equality, Disability, Integration and Youth the basis for the removal of entitlements from section 56 workers who were re-designated from section 38, such as workers in an organisation (details supplied), when these section 38 organisations were re-designated as section 56 upon the establishment of Tusla; and if he will make a statement on the matter. [56500/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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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, he is referring to the Health Act 2004, which 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'.

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