Seán Ó Fearghaíl (Kildare South, Fianna Fail)

Tá áthas orm deis a fháil cúpla focal a rá ar an ábhar tábhachtach seo. Caithfidh go dtugann sé an-spreagadh don Aire a chloisint go bhfuil tacaíocht ag teacht ó gach cúinne den Teach don Bhille.

I am delighted to welcome the Child Care (Amendment) Bill. I compliment the Minister of State, Deputy Brian Lenihan, and the officials in his Department for the fine work they have done in crafting this important legislation.

This short legislation will bestow basic but fundamental rights on children and guardians in the many foster care relationships that exist. I am pleased to note the Bill has the support of the Irish Foster Carers Association, whose members are tireless advocates for the foster service. Undoubtedly, they are best placed to evaluate the implications of the Bill.

In acknowledgement of the valuable service these foster homes offer both the State and the children they welcome into their homes, it is appropriate we take the necessary action to make the commitment and responsibility that they embrace less onerous and afford them the status of any other primary carer of children, whether that be a parent or an institution, in the delivery of basic day-to-day routines for those children.

While the legislation addresses practical issues with which any parent would be familiar, it is also significant in the parity of esteem it offers children in a foster care environment, which they may share with natural children of that household. Every effort should be made to ensure children who have arrived into the foster care system, through vulnerable circumstances beyond their control, should not be further stigmatised by onerous regulations that set them aside from their peers. As any parent or child carer will attest, children are very sensitive to issues that differentiate them from their peers. In this case, the simple tasks of securing permission for routine medical procedures or occasional visits abroad with school or family are constant reminders that highlight their difference. While each incident on its own is probably a cause of minor discomfort, the cumulative effect of this reminder can only have a negative impact on the psychology of the child.

It is imperative that when circumstances arise that require the placement of a child in foster care, every effort would be made to cement the bonds within that foster care family. It is fitting that the Bill would be passed in order to engender an environment that would enable the natural development of family bonds by removing unnecessary obstacles and distinctions. The current position, I respectfully suggest, is also inconsiderate of the welfare and convenience of the many foster parents who do this State such a wonderful service by providing a loving and supportive environment for vulnerable children. I am struck by the number of such foster parents who do so, not just on an occasional basis but who have done this work for many years. Sometimes individual children are cared for on a short-term basis but in other cases the period of care is long term. I recently met a lady in my constituency who is in her early 60s and is still providing foster care. She has cared for no less than 15 children during her married life and in so doing she has made an enormous contribution to society.

At a time when the privilege of adopting a child has become a relatively rare phenomenon, the increased rights that this Act bestows on foster parents could result in those who might seek adoption considering fostering as a practical alternative in realising their dream to raise children. As a parent, I can honestly say that rearing children is not always the idyll presented in a Norman Rockwell scene, but can at times be challenging and difficult. It is, nonetheless, life affirming to witness and guide young people in fulfilling their potential. I hope the work of this House in this regard will result in many more families being encouraged to undertake this responsible but rewarding role.

While approximately 5,000 children are officially fostered in Ireland, it is generally acknowledged that many more children are being cared for by family members other than their parents, most often by grandparents. A number of speakers have alluded to this. Deputy Lynch suggested that perhaps a legislative framework could be established to enshrine the connectivity between grandparents and grandchildren. Despite the undoubted skill of the Minister of State, I am unsure as to whether it would be possible to design such legislation. Nonetheless, it is important to state that the relationship that exists between grandparents and grandchildren are genuinely life enhancing. These unofficial guardians and carers have heretofore been discouraged from seeking official recognition of their role by bureaucratic procedures such as those being removed as part of this timely legislation and, as such, have found themselves deprived of the significant financial aid afforded to recognised foster carers. It is my hope that these informal family arrangements will now be recognised and supported routinely in a manner similar to those offered to registered foster carers. In so doing we would improve the financial circumstances of carers and the children they cherish. It is also worth noting that this Bill should have the very practical effect of relieving qualified social workers in the HSE of the time consuming and tedious duties of processing requests for minor medical procedures and travel arrangements which, in turn, will see their expertise better applied to the more serious child welfare cases that require ongoing attention. All of us in this House are aware, from the work we do in our constituencies, of the need to have considerable resources applied to supporting vulnerable families in communities so that we can, as much as possible, avoid situations in which children have to be placed in foster care. Members will agree on the need to continue to target resources in that direction. In my 20 years working as a public representative I have observed the tendency to over complicate and regulate, simple practices and, procedures. I am heartened that today the Minister is rectifying an example of this tendency.

I hope this Bill is a precursor to others that will address related issues such as the rights of foster children to choose official adoption into their foster family at age of consent. In the debate in the Seanad the right of these children to family inheritance under the same favourable tax provisions that apply in respect of the natural children of a family was raised. I add my voice to the call made in the Seanad. It is something the Minister might address in his response or in future legislative proposals.

Our 21st century society presents us with many complex issues, particularly around the definition of family. With the passage of time and the increasingly multiracial nature of our society we have a broader and more open definition of what constitutes a family. In the course of the passage of this Bill through Seanad Éireann a number of Senators mentioned the current position of unmarried fathers vis-À-vis their offspring. This topic also arose on a number of occasions in this House today. The Government has made strong efforts in pursuing biological fathers for the financial support of their children. While this action has yielded considerable results it is also symbolic of the responsibility the State expects parents to take for their children. In the interests of fairness it is only right that we should recognise the rights of unmarried fathers, rights similar to those we confer upon fathers within the legal state of marriage. We are now a country of multicultural influences where there are many definitions of family. We as legislators have a duty to accommodate this dynamic by framing responsible and just laws that confer rights on the relevant stakeholders within these families, while at all times using the primary welfare of the child as a compass for this decision making. I look forward to seeing the Minister bringing forward other pioneering and relevant legislation in this area.

I welcome this Bill for the commonsense approach it offers to the daily occurrences of family life for those in foster care but, more importantly, for its significance in acknowledging the primary rights of the child and the important status the State must give to those who give of themselves as foster care providers. I again compliment the Minister on the sterling work he has done in taking on the new and challenging role as Minister for Children. The public have great confidence in him. Members of the House have today signalled their confidence in him. I look forward to the debate he has instigated on the rights of the child. I commend the Bill to the House.

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