Charles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 17:

In page 67, between lines 25 and 26, to insert the following:

"22.—Section 45 (as amended by the Act of 2004) of the Principal Act is amended by substituting the following section for section 45—

"45.—(1) (a) Where a child leaves the care of the Health Service Executive, the Executive shall, in accordance with subsection (2), assist him for so long as the Executive is satisfied as to his need for assistance and, subject to paragraph (b), he has not attained the age of 21 years.

(b) Where the Health Service Executive is assisting a person in accordance with subsection (2)(b), and that person attains the age of 21 years, the Executive shall continue to provide such assistance until the completion of the course of education in which he is engaged.

(2) (a) The Health Service Executive shall assist a person under this section in one or more of the following ways—

(i) by causing him to be visited or assisted;

(ii) by arranging for the completion of his education and by contributing towards his maintenance while he is completing his education;

(iii) by placing him in a suitable trade, calling or business and paying such fee or sum as may be requisite for that purpose;

(iv) by providing a residential aftercare programme for him;

(v) by co-operating with housing authorities in planning accommodation for children leaving care on reaching the age of 18 years;

(vi) by arranging for any existing or emerging health care needs to be addressed by appropriate qualified persons;

(b) For the purposes of this section, the Minister shall prescribe the manner in which aftercare is to be provided by regulation.

(3) Any arrangement made by a health board under section 55(4) or (5) of the Health Act, 1953, in force immediately before the commencement of this section shall continue in force as if made under this section.

(4) In providing assistance under this section, a health board shall comply with any general directions given by the Minister.

(5) For the purposes of this section, the reference in subsection (1)(a) to the care of the Health Service Executive includes special care provided under Part IVA (as amended by the Child Care (Amendment) Act 2011).".".

This is an amendment of some importance, which was considered on Committee Stage. It is regrettable that the Minister of State did not see fit either to take it on board or amendments Nos. 18 and 19 in the names of my colleagues, which are similar. It is also regrettable that the Minister of State has not tabled a similar amendment at this stage. That is why this amendment is worth putting to the House. We are enacting a piece of legislation without dealing with a most important aspect, which is the after care service plan. I do not wish to rehash any of the issues that were highlighted by Deputies from all sides of the House on Second and Committee Stages.

The reality, however, is that having spent a considerable time in care, too many young people are leaving care without an appropriate plan or level of support for training, housing and assistance for many of the needs young people have if they are to engage with their peers in society. We must bear in mind that these cases, to which after care will be applicable, concern children who have been through the care system. The State has taken upon itself the same obligations to provide for these children up to the age of 18. The evidence suggests that there is serious concern, however. We are all aware from our own constituencies and beyond of the difficult position in which young people can be placed and the real challenges with which they are faced when leaving State care and going into mainstream society.

Regarding foster care, a recent survey shows that almost 30% of members involved expressed serious concern about the future welfare of young people when they move from foster care into society. Without repeating any of the points, it is important that in the move from care and dependence to independence that support services are provided. Otherwise, as we are aware, the criminal justice system becomes involved and young adults face an uncertain future in terms of employment, shelter and after care. It is important that there is statutory recognition of the need to ensure a level of care during that transitional period.

See this speech in context