Timmy Dooley (Clare, Fianna Fail)

I welcome the opportunity to contribute to this debate. Like Deputy O'Sullivan, I do not have legal training but, while complex legal issues arise in respect of the Bill, it should not be seen as necessarily technical in nature. The facts that underpin the requirement for this legislation are common and recognised by all of us in public life who come across tragic circumstances on an almost daily basis. Social dysfunction in many areas generates problems that are manifested in the destroyed lives of young people. It is incumbent on us to protect children. The appointment by the Government of a Minister of State with special responsibility for children is a long overdue recognition of the importance of this area and I am sure future Governments will continue to work to meet the needs of children. For far too long, children's interests were brushed under the carpet and it is only now we see the disrupted lives that result from cruel treatment at the hands of those who failed to meet their responsibilities. It is important that we continue to develop legislation in this area.

The Bill before us further enhances the protection of children, particularly as they relate to the responsibilities of the HSE and the State. The Minister of State has outlined the main provisions of the Bill in regard to inherent powers, emergency interim care orders, guardianship issues, civil proceedings, conflict between civil and criminal proceedings, special care orders, quality in special care units and the Children Acts Advisory Board. I agree with Deputy O'Sullivan that we should concentrate our resources on aftercare because it is vital that children who have passed through the machinery of the State have available to them a proper programme of reintegration which would allow them to live independent lives. All children should be given the capacity to provide ultimately for themselves and live normal lives, notwithstanding the traumas they may have experienced. The importance of aftercare services for young people leaving the care of the State is widely recognised.

Aftercare is highlighted as a key element of achieving positive outcomes for young people leaving care. I am aware that children in residential care or detention often come from a background of social disadvantage and emotional trauma that most of us could never comprehend. We must ensure that such children do not experience further disruption and instability as a result of coming into the care of the State. Even though we might recognise the benefits brought about by State care, it can be difficult for children to accept that or comprehend what is involved, considering the trauma and disruption in their lives, often at the hands of abusive parents.

As policy makers and service providers, our joint aim has to be to make sure that when young people leave care and detention systems, they are in better circumstances than when they first arrived into care. We must ensure that children and young people are provided with the support they need on leaving that care. Where children benefit, they may become somewhat dependent on that care, so there should be a process of acclimatisation for the children when they leave care. We must ensure they are provided with the support they need, and the implementation of an effective aftercare policy strengthens the position of young people leaving care. It supports their transition to independence and reduces the possibility of homelessness and social exclusion.

I am aware that the Minister of State met with Focus Ireland this year. I understand that he had a constructive exchange of views on aftercare, particularly about the organisation's concerns with the current regulatory position and service delivery. I do not think we can underestimate the role of NGOs in this area and the important work they do in providing benefit to these children. We have to recognise the expertise of NGOs and figure out how to harness that in a way that benefits the children.

Preparatory work for the Child Care (Amendment) Bill 2009 has been beneficial in identifying options that may be available to address the issues of aftercare. The Minister of State has given consideration to the options proposed to address the provisions of aftercare services, particularly the legal position on the provision of aftercare services in respect of the existing legislation. I commend the Minister of State for the open and transparent way he has gone about his business. He has taken an inclusive and consultative approach to his deliberations, and the Bill before us, which is not being opposed by the Labour Party, indicates the consultative nature of his approach. Nobody has a majority of wisdom when it comes to dealing with sensitive social issues. It is clearly important that we continue in that vein and try to find a consensus on the best way to deal with important matters.

Aftercare service has been subject to uneven delivery across the country in the past. That was highlighted in the Ryan report and efforts have been made to ensure that the delivery of aftercare is standardised and in line with the recommendations of that report, provided by the health care teams from the HSE. The report of the Commission to Inquire into Child Abuse states that the "provision of aftercare by the HSE should form an integral part of care delivery for children who have been in the care of the State, and it should not be seen as a discretionary service, or as a once off event that occurs on a young person's 18th birthday". It is vitally important that whatever mechanism is in place, it has to continue in some kind of supportive role and ensure that while a child might require a special care order and a period of detention, that would only be one aspect to the care. We must then find a path to reintegrate the child into society, run in parallel with other State provisions that are there in a way that acts as a kind of crutch to assist the child in becoming a more rounded citizen with the capacity to live independently. It is easy enough to talk about this challenge here, but in practice each child's needs are unique to the individual concerned. Care has to be unique to those needs, and this poses the greatest challenge.

I often despair when I read commentary in the media that seeks to pour scorn on the Minister, the Government or the HSE when referring to children in care. The commentary seems to suggest that children in care are the same group of people with the same issues and that it should, therefore, be possible to develop a method of care that can be repeated for each child. That is not the case. Every child's problems are different and so it is not enough to apply a body of evidence to each individual case. At best we have a framework that tries to identify the problems and in so far as possible, find a resolution. However, it is not possible to get through to the child in some cases and to prevent the child developing a criminal background, but we must provide the best possible support to the child concerned.

The report refers to the necessity for the HSE to ensure the provision of aftercare services for children leaving care in all instances where the professional judgment of the allocated social worker determines it is required. It states that the HSE should, with their consent, conduct a longitudinal study to follow young people who leave care for ten years, in order to map their transition into adulthood. The HSE and the Department of the Environment, Heritage and Local Government will review the approach to prioritising identified "at risk" young people leaving care and requiring local authority housing. It is important to ensure that these children are facilitated within communities. There is a role for the Department of the Environment, Heritage and Local Government and local authorities to ensure that appropriate housing is available in a way that benefits the community, so that the children have the support of an appropriate community setting.

Some of the social housing operators in the UK try to build an appropriate model that takes people from different backgrounds and tries to include care for children who have come from difficult backgrounds and settling them in areas where there are older people who will assist them in developing life skills. That kind of inclusive model needs to be examined here.

Youth homelessness has evolved from children who come from difficult backgrounds. The Government has shown significant commitment to tackling this and the youth homelessness strategy that was launched in 2001 gives effect to this. The strategy provides a framework for youth homelessness to be tackled on a national basis. The HSE has led responsibility for the implementation of that strategy and it prepared a detailed action plan to address youth homelessness, in line with objectives set out in the strategy.

I thank the Minister of State and his Department for their ongoing efforts on behalf of the children of this country. I look forward to the development of legislation that seeks to ensure that we never see the depravity of the past in the care of the State and delivers the appropriate protections for our children in the future.

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