Oireachtas Joint and Select Committees

Tuesday, 1 April 2014

Joint Oireachtas Committee on Health and Children

General Scheme of Aftercare Bill 2014: Discussion

6:15 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the delegates for their contributions. I listened to Ms Gargan outline the contrasting cases of Stephen and Sarah. One person was able to access supports and availed of marvellous benefits which worked and had significant consequences for them personally. The other was not able to avail of these supports which had significant financial consequences for them and the State.
I compliment the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and her officials for giving this legislation priority. We need to get it right from day one. For that reason, it is very beneficial to have the relevant agencies highlighting the deficiencies or areas in which we need to improve. One of the recommendations made in the report on the independent child death review is that there be a mandatory aftercare provision. I am slightly worried that we are discussing a plan which is at the draft stage, but there are few references to how it should be implemented. We know - Mr.O'Donohue alluded to the provision in section 45 of the Child Care Act 1991 - that the health board "may" assist, but we must amend this in order that it reads the health board "shall" assist. We need to ensure children in care have an opportunity to feed into the process of change. More importantly, we need to ensure there will be sufficient resources in place for the effective implementation of the plan. That is absent from the draft we have before us.
The restrictive nature of eligibility for services gives rise to concern. Sometimes the most vulnerable children are those who are continually in and out of the care system and who have not had the benefit of such services. We need to broaden the scope to ensure these children are able to avail of aftercare services. One of the speakers alluded to the experience of those who passed through the care system. Some come through it relatively strongly and unscathed and may not need the supports of an aftercare service, but others are in greater need of such services. This issue is not addressed in the proposed legislation.
Inter-agency co-operation is critical. Various reports have identified the lack of co-operation between agencies which has led to some of the dire situations that have arisen. We need to ensure in legislation that we will have a robust strategy and protocols to ensure other agencies, be it the HSE, the Department of Education and Skills or the Department of the Environment, Community and Local Government, will adhere to the requirements set out in the aftercare plan. A plan is all very fine, but if it is not executed, it will go nowhere. We need to take cognisance of this.
I would like to see the regulations being published in tandem with the legislation in order that we will know exactly what we are talking about. In the absence of published regulations, we are talking in a vacuum. We need clarity and information.
The points made about the plan are valid. The need for it to be completed six months in advance to ensure children will have a sense of security when they reach their 18th birthday. I honestly think it is a worthwhile exercise for the various stakeholders to give their opinions based on first-hand knowledge of how they have been dealing with the issue and it will not work unless the Minister and her departmental officials take on board the suggestions that have been made.
I apologise, but I must leave before the end of the meeting as I have another engagement, but that is no reflection on the contributions made.

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