Oireachtas Joint and Select Committees

Thursday, 18 October 2012

Joint Oireachtas Committee on Health and Children

Children and Youth Issues: Discussion with Minister for Children and Youth Affairs

9:50 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

The Minister and her colleagues from the Department are very welcome. I will make a few comments on the children's referendum. There can be no complacency. I am concerned that there might be a degree of complacency across the political spectrum because there is such strong agreement across all parties and elected voices in these Houses. We have a collective responsibility to advise and inform the electorate of the importance of turning out to vote "Yes" on 10 November. I urge members of all parties and independent voices to use the intervening time to play a proactive part in encouraging people to support the proposed constitutional amendment. The non-sitting week will give us an important opportunity to urge people to vote "Yes" and we should employ it to the best effect in our constituencies. Those with national responsibilities should play national roles.

It is important for us to acknowledge that legitimate concerns are being expressed. The failure of the State with regard to the protection, care and welfare of children is not just historic. The report on St. Patrick's Institution that was published this week shows that it is a current phenomenon. We need to sit up and face our responsibilities in this regard. This committee has agreed that the institution is unacceptable. Provision needs to be made for access to Oberstown to accommodate that cohort of young people, who should not have been in an institution associated with Mountjoy Prison at any time over its years of use.

As the Minister knows from the debate on the legislation that has facilitated next month's referendum, my view is that the proposed wording is deficient in so far as it addresses a limited number of situations where the child's interests may be at stake. I wish it encompassed a range of additional areas where the child's best interests should also be paramount. I want to make it absolutely clear that the wording being presented to us is not deficient in what it seeks to address. That is very important. Those of us who argued for it to go further view what is proposed as a strong and important platform on which to build. I know that view is not unique to me or my Sinn Féin colleagues. I have no doubt that the Minister hopes to be able to build on it in the future. I acknowledge that would be the disposition of all voices concerned with the rights and welfare of children. The comments I have made should serve to underscore the fact that I have no hesitation in commending to people the proposal for a "Yes" vote in the referendum on 10 November. Along with my party colleagues, I will play a full part in aiding that objective.

I have a couple of brief questions on the Minister's responses to the three questions I posed in advance of today's quarterly meeting. Regarding the national children's and young people's policy framework for the years 2013 to 2017, the Minister indicated the new policy framework will be shaped by the principles underpinning the UN Convention on the Rights of the Child. She also noted that the convention protects these rights by setting minimum standards governments must meet in providing health care, education and legal and social services to children. What status does the framework have given that the rights to which it refers are not legally enforceable? What will be its impact? What has been the experience in terms of the impact on the lives of children of the first children's strategy published in 2000? Will the Minister incorporate in future legislative provision children's rights that build on what will, I hope, be the successful passage of the referendum on children?

On children in high support residential places in special care units, the Minister's response does not provide all of the information sought. Is this information available? I would like to ascertain the current occupancy rates and average periods of residence in such units. What follow-on supports are available to children once they reach 18 years?

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