Dr. Niall Muldoon:

As the Deputy will be aware, we are consistently looking at our Act as regards where we might need a greater remit. Obviously, the issue on which we have focused for the past year or two is direct provision. We have been pushing very hard on this point and it is an issue we are trying to finalise. I will get the legislation unit, which is approaching its full staffing complement, to examine the issue the Deputy raises.

We have a very positive interaction with Departments and public bodies, which are clear that we have a role and that they understand it.

We must say we have had difficulty at times with the speed of response by the various agencies. Tusla is an example. On the complaint-handling side, we have told both the Minister and Tusla that we will be highlighting this more regularly. We will possibly be producing a quarterly publication that will highlight the various elements of the work we do on an ongoing basis. Not every case is investigated and we do not get to publish everything so we might determine how we can highlight areas of work that we do on a more regular basis so it is known that we are working on the various elements, be they in respect of child and family services, education, housing or homelessness. One of the points I will highlight is the length of delays between responses. Up to now, such delays have made us look as if we have been slow. If a parent is seeking a quick resolution at the end of a long series of complaints, it is not appropriate that we should be delayed because of the inaction of other organisations. Generally, the organisations are very much aware of our remit and very much work with us, but some of them do have difficulty in responding quickly enough.

With regard to children staying in the care of the State until they reach 21 years, the arrangement in question is certainly one that has worked in other areas. I cannot say we have examined it specifically ourselves but, from my point of view, the crucial point concerns how one transitions out of the care of the State. Irrespective of the age at which one does so, the key is to get proper support when needed after the transition. If we end up moving to an age of 21 and still end up with the same faults we now have, we will not be getting anywhere. The key is to involve the child in the transition plan and to ensure it is produced in sufficient time, is appropriate and is fully resourced. I cannot say I have looked at the research properly in regard to the age of 21 but I do know the key is to ensure the State supports the child properly in the transition. I can revert to the committee with regard to research in such areas.

On the children referendum, it is quite early, as was said. The very notion of including a reference to the best interest of the child in the Constitution is very important to us. It means we can start to acknowledge the concept. It is something we need to push into all other areas, as far as I am concerned. I will be engaging with the Courts Service to ascertain what sorts of numbers have gone through but I know a number of judges have felt comfortable hearing the voices of children. That, by its very nature, is a positive step forward. There may be more we need to do in that regard. We may need to upskill judges, and the courts probably need to be redesigned in certain ways to allow children’s voices to be heard more. We have to find out how best we can listen to children and allow families to engage. We must also allow children the right not to speak if they do not want to do so; that is their right also. However, the key is to ask them.

I will follow up by obtaining the numbers heard in court and the information on how the system is working. However, the real principle is in place. That is crucial and we need to make it work. If it works in the court system, it can work elsewhere. We need to show that, within the public service, we can hear the voice of the children and follow through on our obligations accordingly.

On the question on children in care with care plans, does Ms Ward have an understanding of it?