Jan O'Sullivan (Limerick East, Labour)

Irrespective of the other matters being dealt with by other Members of this House, the children about whom we are talking here are far more important than the issue being discussed elsewhere. These children are coming out of care and are in a most vulnerable situation. They are falling through the cracks and are ending up homeless, with drugs problems and in all kinds of vulnerable situations. Many of them end up dead, as we know from cases that have been made public. It is not enough that they may have the right to after care. They do have that right. That is why we want to have these amendments inserted in the Bill.

These vulnerable young people cannot be left in any doubt but that they are entitled to this care. We have had representations from a variety of sources including, as Deputy Ó Caoláin said, the Office of the Ombudsman for Children. It is the job of the Ombudsman for Children to advocate on behalf of these vulnerable young people. Deputy Ó Caoláin quoted from what the ombudsman's office has said. I quote from another section of her submission where she states:

It is essential that the State acknowledge that the obligation to provide support to children who are leaving care is no less important in principle than the obligation on the HSE, under section 3 of the Child Care Act 1991, to provide care and family support services to those under the age of 18. This is especially important when one considers the particular vulnerability of children who have been in care and the fact that they are at greater risk than their peers of experiencing difficulties, such as homelessness.

Every public representative knows or has encountered some of these young people, many of whom cannot get into hostels, are drifting from one place to another and have no proper support. Obviously, they do not have family support. They are being thrown out into the world at the age of 18 with no family to support them and with no right to a home or to the ordinary supports that any 18 year old would get from a supportive family. It is vital that we insert this amendment into the legislation.

The UN Convention on the Rights of the Child imposes a duty on the State. In 2005, a committee of the Council of the European Union issued a recommendation to member states on the rights of children living in residential institutions. One of the basic principles contained in that recommendation was that a child leaving care should be entitled to appropriate after care support.

We have a number of international obligations in this regard. However, any of us who have encountered these vulnerable young people and know the situations they end up in, which are so threatening to their lives, health or ability to live any kind of positive life, know that they need more than just the possibility of support after the age of 18. They need to have the right to that support.

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