I welcome the Government's apology to Joanne Hayes. The re-emergence of this tragic case is bound to be traumatic for her and her family and the mother of baby John. I express our solidarity with them.

I raise with the Tánaiste the Government's abject failure to provide essential services for children with disabilities who are in the care of the State or who are in the community at large. I raised this matter with the Taoiseach yesterday following the Ombudsman for Children's damning report on the treatment of Molly, a teenager with Down's syndrome and severe autism. The investigation found that the State had denied Molly the supports she needed and abdicated its responsibilities. It found that its actions had had a negative effect on her and that she had not had an opportunity to reach her full potential. The HSE and Tusla have accepted the recommendations set out in the Ombudsman for Children's report - they had little choice - but they have also pointed out that meeting their commitments depends on the provision of resources. Other serious issues such as the lack of respite care services and the poor treatment of carers arise in this context. There is a significant deficit in the resourcing and funding of child and adolescent mental health services.

As the Tánaiste is aware, one of the privileges of being a Member of this House is that we frequently meet carers and groups in the voluntary and community sector that provide services for citizens with disabilities. Such services should be provided by the State in the first instance. I commend all those who are doing outstanding work in this sector. If they were not providing these services, many more people would fall between the cracks.

Section 39 agencies provide a range of vital care services for citizens who are living with disabilities and need hospice care, rehabilitation and various health services. The funding for such agencies was cut by a Fianna Fáil-led Government in 2010 and again by a Fine Gael-led Government in 2012. Front-line staff had their pay cut in line with the cuts for public service workers. They also lost increments. Not only is it absolutely unfair that the restoration of pay is being refused, it also represents bad economics. If these services are further reduced or removed, the citizens cared for will be condemned to a lesser quality of life. If they end up in hospital or the care of some other over-stretched service provider, the State will have to pick up the tab. The crisis in section 39 agencies has reached a tipping point. The Government needs to put in place a pay restoration process for the staff of such agencies. It has a responsibility to address this issue before the planned strike takes place on 14 February. If the strike goes ahead, it will compound the crisis that is being sharply felt by vulnerable citizens. It is not too late to act. Will the Government sit down with the unions that represent the workers to work out a positive and fair solution?

I am aware that the Deputy also raised the case of Molly yesterday. The Ombudsman for Children's report which is very concerning highlights a gap in the provision and co-ordination of supports and services by Tusla and the HSE for children in foster care who have diagnosed moderate or severe disabilities. The Minister of State, Deputy Finian McGrath, and the Minister, Deputy Katherine Zappone, are taking and have taken the findings very seriously. The Ombudsman for Children's report has been accepted in full by Tusla and the HSE which are committed to implementing the recommendations set out in it. I have received a note on the matter from the Minister of State, Deputy Finian McGrath, which confirms that Molly's supports are now in place. A joint protocol that has been agreed and is being implemented will result in structures being put in place to support better care planning and transitional arrangements between the HSE and Tusla. This gives us an important opportunity to review all existing placements. According to Tusla reports, there are 450 cases in the moderate to severe to profound disability range. We are responding as necessary to a need and a gap that has been exposed by the case of Molly.

The Government recognises the invaluable services provided by section 39 organisations. I am sure a number of Deputies have met representatives of such organisations. I have met them in the context of hospice care, in particular. There is no doubt that there is work for the Government to do to resolve this issue and we are committed to doing so. The Ministers, Deputies Simon Harris and Paschal Donohoe, and the Minister of State, Deputy Finian McGrath, have been working collectively on it for some time.

Too long.

A process is in place to provide for a review mechanism that will involve the assessment of section 39 organisations to ensure, where appropriate, the State can make the necessary decisions outside the FEMPI legislation which does not apply to section 39 organisations to guarantee continued service provision into the future. Others will be familiar with the case of Marymount Hospice in Cork, for example. Such facilities are providing essential health care services and have essentially been mirroring the pay agreements that apply within section 38 organisations and across the HSE generally.

Why not provide for pay restoration for them?

Certainty needs to be brought to the budgeting of many of these essential health care services and potentially services outside the health care sector too. The Government is committed to doing so as quickly as possible.

I am sorry to say the Tánaiste's answer is disappointing. We have just dealt with an historical case. We deal with many historical cases but the report of the Ombudsman for Children does not deal with an historical case. This is happening now on our watch. Children with disabilities are being denied backup support. The refusal to restore the pay of the people who look after such children is also happening now. It is great that Molly has her supports, but it took 15 years. To get to that point her foster mother was put through the wringer. The Labour Court has acknowledged the link between public service grades and staff in section 39 agencies. To my knowledge, the Government has not so far engaged with SIPTU. I ask the Tánaiste to give a clear commitment that talks on a pay restoration process will be opened. This is needed for the sake of the workers involved and the vulnerable citizens they serve.

I am not sure which part of my response the Deputy had in mind when he said it was "disappointing". Was he referring to what I had said about the case of Molly, disability services generally, the significant increases provided for or the efforts being made to resolve the section 39 issue?

The Government has engaged with the trade unions. The Minister of State, Deputy Finian McGrath, met representatives of SIPTU just before Christmas. We have been engaging and are seeking a sensible and appropriate solution to the issue. The Government acknowledges the need for it to be resolved and will not oppose the Fianna Fáil Party motion to be debated this evening. Our approach to the motion is a signal of what we are trying to do.

The Minister for Health, Deputy Simon Harris, has asked the Health Service Executive to enter into a process of engagement with section 39 organisations to establish the factual position on pay reductions and restoration. At this point, it is not clear that cuts were applied in a universal manner, although it is clear that cuts have been applied in certain organisations.

Pay was cut in all hospices.

We are not only discussing hospices, for which the case is clear.

St. Joseph's hospice in Charleville is one example.

We are talking about section 39 organisations across a number of sectors. The Government is committed to establishing the facts in order that we can make the appropriate determinations on pay restoration. We will do so as quickly as we can.