Finian McGrath (Dublin North Central, Independent)

It is still around and still on the agenda. Regarding constitutional loopholes, the Constitution is virtually silent on the rights of the child outside the traditional family unit, which has a negative impact on the welfare of vulnerable children. I raise these issues because we need to discuss them today and because they are relevant to the broader debate on this issue. There are concrete solutions to deal with the problems that arise. As an Independent Member, I not only challenge but also put forward solutions, as I have mentioned.

The changes recommended in the Ryan report implementation plan must be made to ensure the litany of abuse visited on our children can never recur. After-supports for children leaving the care system must be provided. We must deal with this important issue. If children who leave the care system do not have supports, they will end up in more trouble and difficulties.

The visibility of children in the Constitution must be increased. Legislation must be put in place to standardise good practice in child protection work, and the Children First guidelines must be given legal force. I emphasise the need for good practice. I know from experience that there are excellent examples thereof. That said, we need to ensure excellent services are provided to all children. Some service providers on the front line claim there has been a change over the past ten or 15 years. I note from my experience of intellectual disabilities services that many young care workers are involved with IT, independent living and personal development, but they are also top of the class with regard to child protection and safety. Prosper Fingal service in Swords is excellent and there are other such services doing an excellent job.

The Government must offer leadership and commit to reforming the child protection and welfare systems. If it does so, it will get my support. If it drags his feet, it will be challenged.

Section 8 stipulates the board can determine the approved services to be provided from the following classes of services - mental health services relating to the care and treatment of a person suffering from a mental illness or a mental disorder, counselling services and psychological support services; and health and personal social services, including general practitioner, hospital treatment, pharmacy and nursing services and services to assist in the maintenance at home of a former resident who is sick or infirm. These provisions are important because we must provide supports for the 15,000 survivors. Section 8 also refers to educational services and housing support services, including for the adaptation or improvement of real property but not including financial aid for the purchase, mortgage or charge of real property.

On the issue of protecting children, we need a rights-based approach to monitoring child and youth well-being. Understanding the gap between child and youth policy development and implementation is required. We need to rethink the culture of youth justice in respect of research, rights and reflections on practice. We must consider supporting educational achievement in areas of social deprivation, supporting the mental health of children and youth in respect of prevention in mental health services, and securing youth civic engagement. There are many ideas to deal with this issue.

We must ensure that the former residents of institutions are afforded the maximum support in the services they receive from day to day. Society and the State owe them this because a grave injustice was done to them.

Section 14 deals with the functions of the chief executive. According to the explanatory memorandum, it provides:

[...] that the chief executive shall manage and control generally the administration of the Board and perform other functions determined by the Board; that the chief executive is accountable to the Board and may make proposals to the Board; shall provide such information to the Board as the Board require and also provides for the delegation by the chief executive of any of his or her functions to a staff member subject to the approval of the Board. Provision is included for the designation of a staff member, with their agreement, to perform the functions of the chief executive in the absence of the chief executive.

Section 15 deals with accountability. There ought to be clear accountability. Accountability of the chief executive to the Committee of Public Accounts is an important standard provision. Accountability may be routine for many but accountability to the Committee of Public Accounts on this issue is to ensure that any money spent will be spent in a sensible way.

The agenda must involve truth, justice, compassion and support, which are important.

I welcome section 19 on the annual report and information.

I welcome the debate. I urge all involved, regardless of political party or their independence, to be supportive. I urge Members to support the rights of children, the referendum and any proposals that will improve the rights of children.

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