Dáil debates

Thursday, 24 October 2024

Ceisteanna Eile - Other Questions

Child Care Law Reporting Project

10:00 am

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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11. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will estimate the length of time for which there will be no reporting on childcare cases in light of the ending of funding for a project (details supplied); and if he will make a statement on the matter. [43568/24]

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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The Child Law Project has done extremely important work in shining a light on the multiple ways this State fails children, especially vulnerable children. There has, however, been no reporting of childcare proceedings since June because the Minister ended funding for the Child Law Project. Will the Minister tell us when funding will restart and reporting can recommence? In particular, will he tell us that will happen before the coming election?

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I thank the Deputy. My Department renews the court reporting project periodically through a competitive tender process. The current iteration of the court reporting project began in November 2021 and will expire on 31 October 2024, over which period funding totalling €600,000 will have been provided to the Child Law Project. My Department is currently prioritising the development of a new procurement process and intends that a new phase of court reporting will commence in January of next year. The current iteration of the project has been delivered by the Child Law Project, which was successful in its tender application in 2021. In accordance with the funding agreement and work plan under this iteration of the project, the CLP ceased attending proceedings in June of this year and published a final volume of court reports in relation to this period on 8 July. The final analytical report for this phase is due for publication on 4 November.

I have met the Child Law Project a number of times over the lifetime of this Government. Its work is hugely valuable. Its work is instructive to my Department, to Tusla and a range of Departments and State agencies. I have been involved with its work and project staff a number of times. I launched some of the project's reports and met with its staff to hear first hand the types of cases it is experiencing. There is a delay and I recognise that. I have told my departmental officials to prioritise the new tendering process. I am confident reporting will be back in January of next year.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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The question that is begged is why there is this delay. This was foreseeable. The period was coming to an end and there was going to be a new tendering process, so why this gap, at the very least, in funding? I will read a selection of headlines from the last volume of reports from the Child Law Project. They include "Court hears of a 'spectacular example of statutory agencies not working together' in case of autistic teenager", "Judge joins CAMHS as notice party to explain why a child on priority list for over 18 months had not received any service", "Large number of cases re-entered in Dublin District Court because no allocated social worker", "Special care system 'in crisis', lack of special care beds 'a tsunami about to reach shore and nothing is being done' – High Court judge", "Court hears of lack of special care bed for boy missing in care, judge outlines questions for SEAs", and "No bed for very vulnerable girl under special care order; allegation she had been raped while in care, fear of sexual exploitation; Judge: 'This is the worst case I have ever come across."

This is important work that sheds a light. The question must be asked whether this gap or delay in funding is effectively an attempt to lean on the Child Law Project and to tell it to tone it down and stop being so critical of the State.

10:10 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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It is not. The Child Law Project is very important in shining a light on where the State has failed. We learn from that. One of the responses I have made to the work the project has done and my engagement with other NGOs working in this area has been to convene a new committee of statutory agencies. We are bringing together the HSE, Tusla, An Garda Síochána, my Department and the Department of Health because it is too often the case that the types of headlines the Deputy has read out on the experiences children have faced have been the result of State agencies not working together. State agencies are minding their own patches and are not prepared to step outside that in urgent situations. That is why we are bringing together this committee in which individual State agencies can be called to account and driven to co-operate better with each other for the betterment of children. That sort of knowledge comes directly from the work of the Child Law Project.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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We still do not have an adequate explanation. Again, this is not a surprise. The period of funding was going to run out and there was going to be a new tender process and yet there is still a gap. There are two possible explanations. One is the political motivation of leaning on the project. The Minister says that is not the case. The other explanation is no more satisfactory. It is about the underfunding and understaffing of the Department of children and low priority being given to child protection. They are the two possible explanations and neither look good as regards the priorities of this Government. The Minister said that the funding will be in place by January of next year. I presume that means the tendering process is going to start very shortly. Will he tell us when that process will open?

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Before the Minister comes in, I call Deputy Durkan.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Will the Minister indicate the extent, if any, to which intervention on behalf of children is restricted where those children are the subject matter of litigation in the family law courts? Has the in camera rule restricted the ability of Tusla to intercede on their behalf?

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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That was a supplemental question to this question.

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I thank Deputy Durkan. I will need to come back to him if I am to give him a comprehensive answer. If it is all right, I will come back to him in writing on that question.

The tendering process will begin in November. I met with the Child Law Project in March and set out our position. We have brought in legislation on assisted decision-making, which also involves a reporting element. At some stage in the future, we may tender for reporting on child law and assisted decision-making together. Even though it does amazing work, we cannot just award the Child Law Project the contract in the interim. There has to be a tendering process. That is why there is a shorter one-year process rather than the usual three-year process. That will bring us to a point at which we may amalgamate the two. It was that change in approach that led to delays. I am not happy about it. There has been entirely justified criticism of it. However, I assure the Deputy that the funding is in place and that the tendering process will open in November. It is a truncated process and we will see reporting in January of next year.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Deputy Murphy missed his priority question.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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I did. I am sorry. There was confusion on our side.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I will break some of the rules as we are near the end. I ask the Deputy to be as brief as possible. I will then move on to Deputy Ó Cathasaigh.