Alan Shatter (Dublin South, Fine Gael)

Two reports have been published in the past 24 hours that can only be described as damning indictments of the failure of the Government to provide essential services for children in need of care and for children at risk. The failure of services for children, as managed by the HSE, to provide for proper care management and long-term planning for children in care aged 12 years and under is highlighted in a report published by the Health Information and Quality Authority. It details just under 100 children aged 12 years in residential care for whom fosterage was more likely a better alternative and in respect of whom no managed care plans of an adequate nature were provided. The report states:

Inspectors found considerable variation and significant shortfalls in the standard of statutory care planning across the country. In relation to care plan reviews, inspectors found the care plans reflected the situation as it was at the time of admission or whether the initial identified needs were met. They did not take account of significant life events or the views of the children. Inspectors found that care planning was more often determined by crisis management rather than long-term planning for what best met the needs of the child.

It further states there were "significant discrepancies" between initial care plans and current circumstances and "wide variations in care planning practice". Some children's views were not actively sought and some of those, where sought, were given very limited weight, despite our obligations under the United Nations Convention on the Rights of the Child.

The second report published today, launched by the Minister, was written by two experts in Waterford and deals with the predicament of child victims of domestic violence. It can be summed up by saying there was a total failure to provide children who were victims of domestic violence with access to meaningful services which could have provided them with help or support other than refuge services. In the context of refuge services, it was clear that such services generally excluded teenagers who were just as much at risk as younger children. The report highlights the need for child centred services, community-based child service supports and refuges to be open to teenage boys. It also emphasises the need for a community care social work response and, in particular, the necessity of access to child psychiatry and counselling services without long waiting periods. None of these services is being provided.

An issue the report does not seem to address but with which I am personally familiar is the need for court based services when wives or husbands who are the victims of domestic violence attend court for the purpose of obtaining protection orders or domestic violence orders. There is no social work back-up system attached to the courts to provide either counselling for spouses or children or to ensure liaison with local communities.

I cannot take seriously the speech delivered earlier today by the Minister of State, Deputy Smith, regarding the robust safeguards for the rights of the child intended to be put in place in the context of the Constitution when we have a ten year action plan for children, the national children's strategy, which was published in 2000. Seven years into this plan, there are significant gaps in services. It is essential that there is an immediate response by the HSE and the Government to both reports.

In the context of the forthcoming report by the proposed Oireachtas committee on the wording for a children's rights referendum to the Constitution, we must ensure we do not become distracted from the obligations of the Government to provide well managed, properly resourced and comprehensive services to meet the needs of children. Many of those needs can be met without any change to or amendment of the Constitution.

I am greatly concerned that the debate on the constitutional referendum will be a diversion from focusing on the major defects in services and the significant gaps that must be addressed. There is a possibility that the debate on a constitutional provision will become mere constitutional window-dressing. For 30 years I have personally campaigned for a change in our Constitution to recognise and protect the rights of the child. I welcome the fact that we are on the road to doing that, but we must not forget the very real needs which should currently be met and for which statutory provision has been made. These needs are not being met.

It is my wish for us to have a constructive discussion in the committee to be formed and that we do our best to produce the best form of wording to address the major gaps in our constitutional provisions as they currently apply to children. If we are to do so on a co-operative basis, the co-operation must come from the beginning.

I note the Minister of State in a speech earlier today commented on producing terms of reference shortly for Cabinet. This committee involves all parties in the House and I hope that before terms of reference for the committee are finalised, Fine Gael, as the main Opposition party, will be consulted about the draft terms of reference. In that way we would have input into its formation and the work to be done by the committee from the start. In the meantime, I hope the Minister of State will indicate the specific action proposed to be taken by the Government to rectify the problems graphically illustrated in the reports published yesterday evening and today.

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