I propose to take Questions Nos. 550 and 552 together.
Under the provisions of the Child and Family Agency Act 2013, Tusla is independent in the performance of its functions. In keeping with the provisions of the Code of Practice for the Governance of State Bodies, the Department’s governance of Tusla is captured within a specific Oversight Agreement. The Oversight Agreement includes:
• Reporting arrangements between the Department and Tusla.
• Roles and responsibilities of key parties including the role of the Board of Tusla, its Audit and Risk Committee, its Chief Executive Officer and Executive Management team.
• How Tusla’s annual business plan and longer-term strategy are aligned with the priorities of the Minister and of the Government.
• Monitoring arrangements including the formal engagements and different meetings between senior Departmental Officials and staff in Tusla to ensure that its actions are properly aligned.
The Department’s oversight of Tusla extends to the control environment it has in place including the work of its Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation.
The Department also works with the Board of Tusla in ensuring that it is in compliance with the provisions of the Code of Practice for the Governance of State Bodies and seeks corroborating evidence on the controls it operates in providing effective leadership and direction to the organisation.
There are meetings held every two months between the Department - (Assistant Secretary General, Principal Officers in the CPTG Division, Principal Officers from Finance (matters related), Principal Officers from External HR, Early Years, Adoption (matters related) - and Tusla EMT.
In terms of specific oversight of the Early Years Inspectorate (EYI), a Communications Protocol between the Department’s Quality, Childminding and Early Years Strategy Unit and the Tusla EYI outlines the communication processes in place for the conduct of business and exchange of information between the two organisations. The overarching principle is that the execution by both parties of their respective roles and functions should be in the best interests of children. As part of this protocol a minimum of six formal meetings are held annually with additional meetings as deemed necessary.
The exchange of information and data covers a broad range of topics, varying in significance and sensitivity. These communications occur frequently—sometimes daily—through multiple channels and at different levels within both organisations.
Effective and timely communication is essential to ensure that each organisation can fulfil their respective responsibilities.
It is important to note that the Tusla EYI is the independent regulator for the early years sector under Part VIIA of the Child Care Act 1991.
All early years services funded by the Department must be registered with Tusla EYI, and are subject to regulation, inspection and - where necessary - enforcement actions by Tusla EYI, in line with the requirements of the Child Care Act 1991.
