Frances Fitzgerald (Dublin Mid West, Fine Gael)

The answer is very straightforward. The clear advice from the Attorney General confirmed that section 45 was legally sound and placed a statutory responsibility on the HSE to form a view in respect of each person leaving care in the context of whether there was a need for further assistance. If the HSE is of the opinion that there is such a need, it is obliged to provide services in accordance with the section and subject to the availability of resources. The information I have provided clearly shows that there has been an increased focus on aftercare services, that increasing amounts of money are being spend on these services and that more and more young people are in receipt of services. My initial reply also indicates that there were aftercare plans for all of the children who were in special care and who left such care on reaching 18 years.

The practice has certainly changed. The clear legal advice I received from the Attorney General was that section 45 covered the situation legally and that there was no need for further provision. When we debated what became the Child Care (Amendment) Act, I stated that if there was a gap or if the provisions were not being implemented, we could certainly consider introducing further regulations if such a course of action was deemed necessary. I have discussed this matter directly with managers throughout the country and I am aware that quite a demand has been placed on their resources at a time of major financial difficulty. The information they have made available to me indicates that more and more money is being put aside for aftercare services for young people leaving care.

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