Patrick Nulty (Dublin West, Labour) | Oireachtas source

I welcome the opportunity to contribute to this debate. There is consensus across the House in relation to the legislation before us, the amendment of which has been long advocated by NGOs and community groups working directly with children. However, I would like to repeat a couple of points which I have raised previously with the Minister in terms of a more broader reform of this legislation. I am disappointed that in introducing amendments to the Bill today the Minister did not take the opportunity to make broader amendments, in particular amendment of section 45 of the Child Care Act 1991 to provide that after care for young people leaving State care is a statutory right. When in opposition, Fine Gael actively supported amendment of this section and tabled amendments in that regard. I am disappointed that this Government, like the previous Administration, is unwilling to adopt a rights-based approach in relation to section 45.

I believe the definition of homelessness in respect of children, as set out in section 5 of the Child Care Act 1991, should also be amended.

Given that we now recognise homelessness is a much more dynamic and complex issue than when the 1991 Act was drafted, there is consensus among non-governmental agencies and advocates that the Act needs to be amended.

There is consensus that it is essential we make every effort to keep families together where we can. The decision to take a child into care is incredibly complex and not taken lightly. That said, all Deputies recognise from their experience the massive pressure put on families at present, particularly those in poverty whose living conditions are being made worse on a daily basis by the decisions taken by the Oireachtas on rent allowance, cuts to payments for family occasions and family income. Although families are being put under massive pressure and strain, under no circumstance is this an excuse for a child to suffer; that is totally unacceptable. However, we must recognise issues regarding children in care and the well-being of children are directly related to the type of society we have. Unfortunately, since the Oireachtas was formed we have been building a more unequal society as a direct consequence of the votes taken in the House. Despite the goodwill which exists with regard to children's rights and making Ireland a fine place in which to be a child, the reality of our economic and social policy is quite different. We must examine the statistics on this. Child poverty and inequality in society are increasing and we cannot decouple the issue of child protection from the broader questions of child poverty and social equality.

I welcome the Bill and the Minister's strong and sincere interest in the area, but we can go much further. The commitment to provide a statutory right to after-care, which was a Fine Gael pre-election pledge, should be honoured. It has not been to date. We cannot hide behind legal advice from the Department as is happening in the case of the mobility allowance. The argument is that if a statutory right is created, it will somehow place an onerous burden on the Exchequer. If we believe in children's rights, then the very minimalist referendum we successfully passed last year goes nowhere near far enough. I hope we can bring forward a more expansive and progressive Bill. I commend the Minister on her commitment in the area and wish her well in her work.

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