Barry Andrews (Dún Laoghaire, Fianna Fail)

My intention is to use the knowledge management approach to protect children from failures caused by agencies working in isolation from one another without effective communication and co-ordination; inconsistent quality of front line procedures; and inconsistent management oversight. I am confident this knowledge management strategy when implemented as a process, will be a key support to planned reforms in the child welfare and protection area.

At this point I wish to place on record my appreciation for the work carried out by social work teams and their management. These individuals are hard working, dedicated professionals who must deal with cases on a daily basis that are becoming ever more difficult, complex and intractable. I note the HSE is evaluating allocations of resources around the country to achieve a more equitable and efficient distribution of staff and skills for the social work service. I also should note that not all services for children at risk need be provided by social workers. The HSE provides a multiplicity of services, which can address effectively the needs of children at risk. Therapy, medical, nursing, psychological, community care and a wide range of services benefiting children at risk are provided. In addition, non-governmental bodies provide key services for children and families at risk on behalf of or in tandem with HSE services in areas such as residential care, foster care, community mentoring, as well as family support such as the Springboard, teen parenting and youth advocacy programmes, as well as many other areas.

The focus for development in the coming years is on preventive, community-based services which provide early intervention within a community care context. The development of alternative care services will, over time, affect the numbers of children in residential and foster care. International and Irish research indicates that in many situations, cases can best be dealt with by way of welfare and care services, which again do not always require full time social worker input to work well, rather than by way of referral straight to child protection services.

The agenda for children's services is the new overarching policy document of the Office of the Minister for Children and Youth Affairs for these areas and was launched in December 2007. The agenda, with its clear renewed emphasis on family support coupled with reflective questions to enable service provider self-evaluation, represents the fundamental change now under way on how Government policy on children is formulated and delivered. It has been developed drawing on research and best practice at home and internationally. It requires outcomes focus and integrated service delivery in line with the recommendations of the recent OECD report. To help implement the policy and principles in the agenda, at the instigation of my office the HSE has commenced the process of specifying a child welfare services implementation policy. This is vital to effective reform and rebalancing of children's services. The Office of the Minister for Children and Youth Affairs is represented on the steering group for the development of this operational policy working conjointly with the HSE.

Another significant feature of media coverage on recent cases has been the call for a constitutional referendum on the rights of the child. All society is judged on how it treats the most vulnerable and the Government is committed to ensuring that the vulnerable children and young people of Ireland are given the full protection of the Irish Constitution. This Government has been proactive in pursuing this ideal since before the publication of the Twenty-eighth Amendment of the Constitution Bill in February 2007. The Bill, which resulted from extensive consultations and discussions by the then Minister of State with responsibility for children, Deputy Brian Lenihan, contains a number of proposals to amend the Constitution in respect of children that cover diverse areas such as children's rights, adoption, collection and exchange of soft information and absolute and strict liability.

The programme for Government of June 2007 contained a commitment to deepening consensus on the proposed constitutional amendment and as a result, the Joint Committee on the Constitutional Amendment on Children was established in November 2007 under the chairmanship of Deputy O'Rourke. Consensus on this important issue is considered imperative in order that the Oireachtas can communicate to the public a considered and united approach on any proposed amendment to the Constitution. As one of my predecessors in the Department, the then Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, stated "this is to ensure that the Constitution, the fundamental law of our land, reflects the often quoted commitment to value and protect childhood".

The provisions of this Bill are complex and go to the heart of individual rights and the family unit. Our efforts must concentrate on achieving consensus on how best to strengthen the rights of children while maintaining a careful balance with other important principles already contained in the Constitution which, we believe, are as important in protecting and safeguarding children. These include the duties of parents and the regard in which the family is held. Much of the deliberation in discussing an appropriate wording has involved ensuring there is no dilution of these equally important concepts.

The approach the Government has taken to date on the establishment of the joint committee and the development of its terms of reference emphasise the Government's desire to get it right, while also working to bring proposals for constitutional change to the people if necessary. This consensus approach is continuing in the work of the committee as it has deliberated on what are complex and sensitive social and criminal issues. Indeed, the work of the committee has proved so onerous that it has, to date, been given two extensions to its original deadline in order to complete its work. More than 140 written submissions have been received by the committee, and it is also engaged in hearing oral submissions.

Over the course of the committee's work many high profile, sensitive and, indeed, disturbing court cases have been to the fore. While these cases may impinge on the core subject matter of the work of the committee, it has been my experience, as an ex officio member of the committee, that these cases, while the subject of much debate, have not deflected committee members from a consensus approach to issues that are central to child protection and welfare. The complexity of the family and criminal law aspects of the Twenty-eighth Amendment of the Constitution Bill 2007 have resulted in diverse and polarised commentary, but never once has the all-party membership of the committee wavered in its commitment to achieving the aim of enhancing and protecting the lives of Irish children.

I have welcomed the interim report into the collection of soft information and, in co-operation with my Government colleagues, I have commenced the process of preparing the relevant legislation. Work is under way on the drafting of the heads of this Bill and I am pleased to announce that it is part of the Government's legislative programme for the spring session 2009, which was published yesterday by the Government Chief Whip, Deputy Pat Carey.

The committee has also given the issue of absolute and strict liability, as dealt with in Articles 42 A 5.2 and 5.3 of the proposed amendment, extensive consideration. I am hopeful that the committee will conclude its deliberations on absolute and strict liability shortly and that a second interim report on this specific issue may be finalised and submitted to the Oireachtas shortly, which will allow the Government to move forward on this important issue.

The committee will then focus on the remaining family law aspects of the proposed constitutional amendment with a view to finalising its work and presenting a final report to both Houses of the Oireachtas by its deadline of 9 April 2009. When the work of this committee is concluded, the protection and welfare of Irish children will be significantly enhanced by legislation, regulatory change and constitutional amendment, as appropriate, so that the laws of our land properly reflect our commitment to value and protect children. I am firmly of the opinion that consensus must be built between the parties represented on the joint Oireachtas committee before any definite decision can be taken on the holding of a constitutional referendum.

I once again reiterate the Government's commitment to address the crucial challenge of protecting the most vulnerable members of our society. When families fail children for whatever reason, the children must be protected by society and the State and this is a complex and difficult task.

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