Helen McEntee (Meath East, Fine Gael)
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I accept what the Deputy is trying to achieve with this amendment. First, the role of Tusla within the new national referral mechanism is clearly set out. The way this amendment is worded would prescribe additional requirements in statute on Tusla, which would have to be done with agreement so further engagement would be needed with the agency. I acknowledge there have been asks for a separate referral mechanism for children. What we are proposing, which is the right thing to do, is that there be one national referral mechanism so if a person is identified as a potential victim, be it a child or otherwise, that can be through not just An Garda Síochána but a stated agency, be it Tusla, the Department of Social Protection or the HSE or other NGOs that are trusted partners. Ruhama is the first that might spring to mind. If they recommend or bring forward a person they believe to be a victim, they will then go to a specialist committee where all of the supports and resources work together and can immediately be put in place. The intention behind this new mechanism is that if a person comes forward and says he or she is 16, Tusla will be brought in and there will be a presumption that this child is 16 and the full supports will be wrapped around him or her until there is an age assessment that would prove otherwise. Regarding what the Deputy set out, it is very much the intention of the Bill that if a person comes forward and says he or she is a child, he or she will treated as such until there is an age assessment and it can be proven otherwise. The way this amendment is worded would place this statutory obligation where that has not been fully agreed with the agencies. What I am proposing to do is come back with an amendment to set this out following further engagement with Tusla. It is important we have further engagement with it because what is set out is in line with what the Deputy is proposing but we would be putting something in statute without-----