Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I have lost count of the number of times I have stood up in this and previous Dáileanna to address the issue of child protection. It is not so long since many Members of this House spoke on the recommendations of the Ryan report. There have been, as we know, numerous statements on child protection and various HSE reports. Yet the reality for most children in the care of the State or in need of child protection services is that little has changed.

As I stand here this morning, there is an overwhelming sense of déjÀ vu. While we were speaking on the Cloyne report, in which the State as well as the church had questions to answer, it emerged that there was a case in Donegal in which a school had continued to employ a man convicted of sexually assaulting a young male despite the Garda having expressing concern on the matter. We welcomed the appointment of a Minister for Children and Youth Affairs and the Government's expressed commitment to reforming child protection services. These are important developments of which I have been most supportive, but the Minister knows that on their own they are not enough. They provide a framework for action. The Minister will understand that as Opposition voices, we have to press for action. I believe it is the Minister's wish also that we will see action following her appointment and the establishment of her Department.

The Government has been in situ since March. The national vetting bureau Bill has not yet been published. We are still waiting for the establishment of the long-promised child welfare and protection agency. The Minister has indicated in recent responses to oral questions what is happening at the moment, but we have yet to see the fruits of her efforts. If it is the case that the delay is being caused by the Government's wrestling with the internal mechanisms and senior figures of the HSE, it is essential that the Minister come clean and tell us this. The child welfare and protection agency must be established without further delay and, once it is established, it is imperative that it is resourced according to need.

There are still 60 social worker posts to be filled. Even at that level, social workers will still be under-resourced. This kind of wing-and-a-prayer approach to child protection will only lead to more reports of Baby G-type cases. That is absolutely unacceptable. While we all understand that there are financial constraints on the Government, this cannot be an excuse in the area of child protection. There are choices to be made and it is up to the Government to make those choices. We have placed great faith in the Minister's ability to argue her corner in seeking a share of the Exchequer cake for the coming year.

For example, in October, it was revealed by the heads of NAMA to the Committee of Public Accounts that up to 120 developers are being paid directly by NAMA, with two of them getting €200,000 per annum. It is staggering. NAMA's own chief executive is receiving over €400,000 in salary payments, and who knows what the rest of the NAMA management are earning. If there is money in the State to make such payments, there is money to pay the salaries of social workers and to resource them appropriately. It is a question of prioritising and recognising what is fundamentally important, and child protection must be at the top of the list, especially in view of the sad and sorry record of child protection mechanisms and supports in the State and on behalf of the State historically and right up to the present time. If the Government can afford to pay its special advisers €130,000 a year, then it can afford to pay the necessary social workers. In this context, it is reprehensible to blame financial constraints for inaction in resourcing child protection structures. There are still outstanding recommendations from various reports for new procedures which we are waiting to see implemented. These procedures are of no use unless they are implemented.

Last month, while we were hearing of the monstrous NAMA salaries, we also heard of 35 deaths and 16 serious incidents since March last year involving children in the care of the HSE or who were known to that organisation. I note that the Minister's contribution referred specifically to the period March to December 2010, but these are the figures that were revealed at that time from March of last year to October of this year. These are children who died from drugs, suicide or road accidents. We do not know how many of these children should not have died because the State was meant to be in the place of their parents or because it should have intervened earlier or helped the families from which those children came. I acknowledge that the figures tell us only a very small part of the story, but they are absolutely shocking.

None of us wishes to stand here in six months' time, least of all the Minister herself, to speak on the deaths of more children in State care. What is it going to take for the Government - I am not pressing the Minister individually - to actually implement the changes that are needed to make State care a safe place for children? That is the point we must reach. What will it take for the Government to make the HSE more accountable? Social workers are under-resourced and clearly overburdened. I have spoken directly with those at the coalface and I must say they are doing heroic work despite all the difficulties they must contend with. It is unacceptable for the HSE to respond to the death of a child by saying "Well, that was a key learning point". We have had too many key learning points. It is up to this Government to change this. Furthermore, I am calling on the Government to ensure that child services are protected in this forthcoming budget. That will be a critical indicator of what lies ahead.

Children should not, and cannot, shoulder the burden of the financial mismanagement of this State.

We know who was responsible for that. Socially and economically penalising children is far from cherishing the children of the nation equally, as the Proclamation envisaged. Certainly, it does not represent the State demonstrating a commitment to ensure the best interests of the child.

I echo the calls concerning child protection made by Barnardos in its pre-budget submission launched this week and I commend the efforts of those involved. As a previous speaker stated, it is high time the Government held the referendum to enshrine children's rights in the Constitution. Children's rights are too limited in the Constitution. I call on the Government and in particular the Minister for Justice and Equality to provide an explanation. The public deserves an explanation outlining why there is such an inordinate delay in publishing a referendum Bill. It is not good enough to hang it all on the Attorney General's office and claim that this, that and the other must be examined and measured in terms of its impact. After all this time and as we head toward the second anniversary of the publication of the third report of the all-party committee we are due an explanation of the position rather than vague responses to the effect that the matter is continuing under consideration. I hope the Minister will respond and arrange to have a detailed explanation provided to Members.

Fine Gael and the Labour Party supported wholeheartedly the draft wording for a constitutional amendment as set out in the final report of the Joint Committee on the Constitutional Amendment on Children, of which I and the Minister were members. It is not unreasonable of me to ask what has changed since those involved took up the responsibility of ministerial office and Government. We and the public have a right to know and I hope this information will be forthcoming soon.

In the forthcoming budget it is imperative that the Family Support Agency is resourced to invest in preventative and early intervention measures. Early intervention will aid child protection most. Also, there should be an immediate roll out of a State-wide out-of-hours care service. I still hear of cases of children being presented to Garda stations in the dead of night. Homeless children are taken into care under section 5 of the Child Care Act 1991, rather than given the full range of support services they are entitled to under section 4 of the same Act. This is not the outworking of the commitment to child protection that the Taoiseach, Deputy Enda Kenny, gave while he was running for election in February. There are still children leaving care and not receiving adequate after care services. As a matter of urgency the Government must resource and implement the national after care policy. I take this opportunity to endorse fully the Focus Ireland campaign for a statutory right to after care, something for which I have argued consistently in recent years. This involves a statutory right to after care for young people leaving care and young people experiencing homelessness. As Focus Ireland has asserted, everyone has a right to a place they can call home. This applies not least to young people who have been in State care upon attaining their 18th year when they face all the challenges that life brings at that time and in the transition from childhood to adulthood.

It is also essential that the Government moves to establish the EU missing children's hotline in this State. It is already operational in 16 member states and I see no good reason why it has not been set up here yet. I commend the Irish Society for the Prevention of Cruelty to Children, ISPCC, on campaigning on this issue for years and I am disappointed that the Government has not heeded its calls to date. This, alongside the placing of the Children First protection guidelines on a statutory footing, mandatory reporting and a fully resourced social work system, is something that the children of this island cannot do without.

We must be frank and honest about this: the State has an abysmal record when it comes to child protection and this must change. Children have a right to be protected and I welcome the Minister, Deputy Fitzgerald's, initiative in this regard. But this is not solely the responsibility of the Minister, Deputy Fitzgerald, as I have stated. A joined-up, holistic approach is required, involving the Ministers for Finance; Justice and Equality; Education and Skills; Environment, Community and Local Government; Health; and Social Protection, all of whom have a role to play. This should be realised by each of the Ministers involved and by others I may have overlooked. I urge the Minister to proceed in this regard. She has our wholehearted support in working towards a response from Government and that is from whence any response must come. I urge all those involved to act fully and generously in the best interests of the children of this island whatever transpires in the time leading up to the next general election. If we can put in place a major improvement in the situation relating to child protection and children in need and in care in this State, even if there is nothing else, it will be a powerful legacy.

See this speech in context