Mattie McGrath (Tipperary South, Independent)

I am delighted to have the opportunity to speak on this Bill and I thank and compliment Fianna Fáil for putting it before the House. Fianna Fáil is calling on the Government to arrange for a referendum on adoption to be held at the same time as the presidential election. Most Opposition Deputies want that to happen. This Bill would give rights to children currently in foster care and ineligible for adoption because of constitutional restrictions arising from the special position of the family in Irish law. I support it. The proposed changes in the Constitution would provide more robust rights for children. They are long overdue.

This is not a new issue, as previous speakers have mentioned. The late Deputy Brian Lenihan drew attention to this issue at a consultation conference on adoption and fostering which he organised in 2003. The referendum on the proposals contained in this Bill should not and cannot be delayed. I am disappointed the Government parties, who worked on this issue in committees when they were in the Opposition, are not bringing forward a referendum to be held at the same time as the presidential election. I am aware it is proposed to hold a number of other referenda, but surely this issue is of immense importance. The well-being and care of our children must be a priority for us all. A number of related issues were raised at the consultation conference held by the late Deputy Brian Lenihan which are not addressed in this Bill. The motion has not received attention so far.

There are still no adopted people sitting on the Adoption Authority of Ireland alongside adoptive parents. That is a big failure. They must be included there as of right. Who better to be part of that authority than people who were adopted and have experienced the situation? Adopted people still do not have the right to get their birth certificates. That is a huge difficulty which causes great trauma and strife for families.

In recent years, adoptions in Ireland have become increasingly rare and many prospective parents go abroad to adopt a child. We are aware of the saga with foreign adoptions and how the previous Minister, the former Deputy Barry Andrews, tried hard to resolve the situation. We met many deputations and families. Every Deputy in the House has met couples who are desperate to adopt from foreign countries and who are extremely frustrated by the slow pace of such adoptions. I accept there must be due process and the legal issues must be resolved, but it is very frustrating for these couples. They are getting older and have put much effort into the process. In many cases, they have travelled abroad. They have examined all the issues and prepared for it in this country. They have adapted their homes and looked forward to the adoption, so it is very disappointing to be let down again.

There are serious issues in Ireland relating to children in foster care. The majority of foster parents do an excellent job and are a valuable resource. That said, there are deep concerns about the vetting of foster families and the supports being provided for those families and children in care. I compliment the newly appointed Minister and wish her well in her brief. Cases that are very scary are brought to my attention occasionally. They involve the vetting of people and the type of people - they are a minority - who are allowed to be foster parents. They continue to act as foster parents despite concerns being raised by the community with public representatives and the public authorities. Nothing seems to happen.

There must be a review and reform of the child welfare and protection system. There are currently 6,000 children and young people in care, either with relatives, in residential care or in care in high support residential placements. I am not enamoured of the Health Information and Quality Authority, HIQA, but, in fairness, on this issue it has developed standards for and carried out reviews of the foster care system. One report was produced in July 2010 and there was a report on a special care unit in December 2010. Both reports provide important recommendations for the future.

Last year, 90% of young people in care had been allocated a social worker and 80% had dedicated care plans. While this represents ongoing improvement, we must bring these figures up to 100%. The State has a duty of care to these children. I believe this constitutional amendment, which would permit adoption in such cases, would be beneficial for the children involved. However, it is part of a larger children's rights agenda that must include a referendum on children's rights. It is a pity this opportunity will pass without it being put to the people. It is a vital area. I accept that the Minister and her party are committed to this but I worry about the delays. Each hour, day or week of delay is too long. I hope it will not be a year. It is a traumatic area and there must be action on it in line with the commitments given by the Government parties when they were the Opposition. I look forward to supporting the Bill.

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