Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute to the debate today on this short, technical Bill that will ultimately improve the effectiveness of the Child Care Act 1991 and address an oversight in the Children Act 2001. I thank the Minister for offering a briefing from officials in the Department on the Bill. Although I did not accept the offer, it is a positive development and perhaps the Minister might consider going even further and having a more consultative approach with the Opposition when new legislation is brought forward. Those of us on this side of the House have valuable ideas just as the Minister has. I say this as two of the more important pieces of legislation are coming from the Department later this year, these being the Bill to establish the child and family support agency and the Children First Bill. It is only right and proper for this side of the House to have a meaningful input into those pieces of legislation.

In assessing this legislation, our fundamental consideration must be the best interests of the child. I have asked whether these amendments will benefit children currently in care, and I believe they will. Until approximately 12 months ago, the District Court had granted 28-day extensions to interim care orders in cases where necessary consent had not been provided. That was only changed on the direction of the President of the District Court. For the past 12 months, representatives of the HSE had to return to the court every eight days for the extension of an interim care order, resulting in increased stress for all parties, as the Minister indicated, particularly for parents. It also led to insecurity in the children and difficulties for social workers in forming relationships with children and families. A significant amount of time was taken up with court appearances and there is an increased legal cost associated with the process.

The amending legislation will allow for the extension of an interim care order from eight to 29 days where consent has not been obtained from parents or guardians. It also allows for an interim care order granted without consent to be for a period not exceeding 29 days and for an order granted with consent to be for a period exceeding 29 days. These changes should ensure that all periods under section 17 of the Child Care Act 1991 will be 29 days. The Bill has the potential to reduce needless bureaucracy and administration by eliminating the need to go to court every eight days to renew interim care orders. That will allow more time to find a solution in the best interests of the child and, as Senator van Turnhout argued in the recent Seanad debate, a "rebalancing in the focus from going to court to managing a positive outcome in individual cases".

We are happy to support the legislation and facilitate all Stages in the Dáil but I will highlight a number of concerns. There has been an unnecessary delay in bringing the Bill before the House. The anomaly was first raised by practitioners involved in court proceedings who felt the current system was having a negative impact on children. I understand it was identified to the Department by the HSE almost 12 months ago. This is short, technical but uncomplicated amending legislation which should have been introduced as a matter of priority as soon as the anomaly was identified. The entire Bill is only half a page so I do not understand why there was an unnecessary delay.

The failure to legislate in recent months has resulted in an unnecessary drain on scarce resources, with representatives of the HSE, social workers and legal teams being dragged to the courts every eight days. The most recent HIQA reports for the Dublin north-west region indicates that 35% of children in foster care had no social link worker. The same report highlights 38 allegations and concerns about foster carers made in the previous 12 months, with a significant number confirmed. Some 34 of the concerns were investigated, with four remaining. Some children remained in placements that were not approved by the foster care committee, despite allegations being made against foster carers. That was supported by documentary evidence. Unfortunately, this is not an old report and it deals with occurrences from two years ago. Serious child care issues remained undetected because of a lack of social workers.

I am sure the Minister will agree it is critical that social workers are not caught up in administrative bureaucracy when they should be out supporting the families and children who need them. The unnecessary delay in bringing forward this legislation has resulted in this. There should not have been a delay. The Government often commends itself – rightly so – on the establishment of a Department to deal exclusively with children. Since the Minister has her own Department, why was there such a delay in bringing forward such a small, technical and uncomplicated Bill?

There is a secondary issue to be addressed, and the Minister referred to it in her contribution. I refer to increased legal fees as a result of the delay in bringing forward this legislation. Only two weeks ago there was an article in The Sunday Business Post, which I am sure the Minister will have read, outlining that approximately €30 million was spent on legal fees in 2012 in respect of child care issues. This leads to a perception that the system is more about keeping lawyers in jobs than anything else. I do not subscribe to that sceptical view but what is occurring leads to the perception. If this legislation had been enacted when first mooted in 2012, what would the savings have been? How much of the €30 million was attributable to legal representatives seeking interim care orders every eight days? I accept that the Minister will not have the answer to hand today but I ask her to find out the answer from her Department. At a time of unbelievably scarce resources, we must seek to ensure that they are made available to front-line services that are most in need of them. It is disappointing that it took so long to rectify the deficiency within the Department.

The time it took to bring this uncomplicated and technical legislation before the House has raised concerns about the Department's capacity to introduce the Children First legislation and the legislation required to put the child and family support agency on a statutory footing. I agree that these Bills are very complicated but they are urgently required to ensure we will have an effective, efficient, transparent and accountable child welfare system in which every citizen can have confidence.

I supported the recent children referendum, as did the Government and 164 other Members of this House. However, a large number of people were unsure and voted "No", thereby implying they did not have confidence in the child care system as it currently stands. The two Bills to be introduced are critical. I draw attention to them because of the long time it took for the Department to bring the short, uncomplicated Child Care (Amendment) Bill 2013 to the Houses. Perhaps the Minister will update us in her closing remarks on the two forthcoming Bills and allay my fears. The Bills ought to be forthcoming to ensure we will have the efficient, effective, transparent and accountable child welfare system we so richly deserve.

Just as we support the passage of this legislation today and facilitated it in the Seanad, we are prepared to work with the Minister and her officials to ensure that the necessary important legislation to instil confidence in and revamp our child care services will be accorded the priority status it deserves.

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