Dáil debates

Thursday, 14 July 2011

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages

 

1:00 pm

Photo of Alex WhiteAlex White (Dublin South, Labour)

I take the opportunity of congratulating the Minister on her appointment. I know it is some months ago now but I have not had an opportunity to do so in the House and wish her well in her new position. As she will recall, we soldiered together in the Upper House, as did the Acting Chairman, on many issues, including on this one. We were also members together on the constitutional committee dealing with the children's referendum, with others. Knowing the Minister as I do and listening to her again this morning, there could be no doubt in any reasonable person's mind of the Minister's commitment on the question of the provision of aftercare.

I do not believe there is any quarrel with anything Deputy Ó Caoláin said at some length in regard to the arguments and the rationale for aftercare provision. There is not a quibble about anything he has said. He asked where were all the voices that were here last year and in January. They are still here. Some of us were in the Upper House and are here now. There are others who have come into this House and some who were here previously. Those voices have not changed their minds on this issue, notwithstanding Deputy Ó Caoláin's attempt to portray the position otherwise. We do not need convincing in regard to the vital necessity of the provision of after care. We do not have to be persuaded, with all due respect, either by Deputy Ó Caoláin or anybody else. The argument is forceful, compelling and it cannot be denied.

The issue is the bringing about of the practice, as the Minister has said, the introduction of the service. I do not underestimate the importance of a statutory provision, and I do not criticise Deputy Ó Caoláin for making the point that if something is set out in a statute it has considerable force, but we had the argument repeatedly about "may" versus "shall" in the Seanad and it is not clear to me how productive that debate is. If Deputy Ó Caoláin genuinely felt that the continued use of the word "may" was inserted in the Bill in bad faith, in other words, to facilitate a Minister or a Government in not doing what is stated was the intention to do, I would have some sympathy with Deputy Ó Caoláin in his criticism of the use of the word "may" as opposed to "shall". The fact is that this service shall be provided and in my view will definitely be provided, given what the Minister said. If it requires statutory underpinning or underpinning by way of regulation the Minister has given a solemn undertaking to this House that she will do that. I am prepared to accept that undertaking from the Minister and from the Government. I do not see any reasonable basis for doubting that commitment the Minister has given.

I am glad Deputy Ó Caoláin has resumed his normal, more familiar reasoned stance in the course of this debate, which was absent for a little while earlier this morning, and that he is in better form now in regard to this issue because I believe he will see, as a reasonable person, that this clear intention articulated by the Minister will be implemented.

I am aware that professionals are in the process of being recruited or are already appointed in this area. Employing people and appointing them to positions to do a job is an instance of the Government's good faith and intentions. If it was hiding behind the word "may" and pretending it would do something, saying one thing in here while intending to do something else would not be consistent with appointing people to do the job. One should not be concerned that anybody on this side of the House, be he in the Labour Party or Fine Gael, is resiling. I can only speak for myself, and perhaps my colleagues in the Labour Party, on the issue of children's rights. The Minister can speak ably on behalf of the Government thereon. There is every intention to provide the service committed to. It is a vital service.

Deputy Ó Caoláin quoted Focus Ireland. Focus Ireland has been a leader on this issue and deserves the respect of us all. It has offered advice and has lobbied, as is its right, and has continued to make its argument in a very compelling way. Its argument and lobbying have translated into a commitment on the part of the Government. That is a solemn commitment that will be honoured. I appeal to colleagues to recognise that the commitment to provide the service will be honoured and that regulations will be introduced, if necessary.

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