Barry Andrews (Dún Laoghaire, Fianna Fail)

It is not semantics. No Member of the Oireachtas has proposed that the remit of the constitutional referendum would extend to young adults. I am not having a go at Deputy Lynch. We are dealing with the after care of young adults aged between 18 and 20. The amendments do not deal with children.

After care has been highlighted as a key element to achieving positive outcomes for young people leaving care. After care services have been developed to assist young people in bridging the transition, as Deputies have mentioned. The services are based on the needs and requirements of each individual leaving care. They can provide information on the various items set out in section 45. After care is provided under that section.

The amendments proposed by the Deputies include the amending of section 45 to change the word "may" to "shall", thereby obliging the HSE to provide after care services. The assumption is that the HSE is not so obliged. However, the current legislative provisions have been reviewed and I am assured on the basis of strong legal advice to which Deputy Ó Caoláin referred, that the existing wording in the Act creates a statutory power whereby the HSE as a recipient of this power must put itself in a position where it can exercise the power should the need arise. My legal advice is that this provision places a mandatory obligation to provide-----

See this speech in context