Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I thank the Minister for bringing forward the Bill which is very welcome and is certainly a step in the right direction. My party will support it. The history of the State in dealing with our most vulnerable children has been questionable to say the least, and the Bill will go some way towards ensuring our children’s best interests are at heart and that they are valued citizens. The Bill is overdue, but I am glad to see it coming before the House before the termination of the Government.

Aftercare programmes play an integral part in the care system in Ireland. They are a vital part of young people's lives on their exit from care. They set out an important foundation to enable them to cope with the difficult time when leaving care and, in some cases, embarking on a life of their own with their own independence and responsibilities. This can be a difficult task for young people, especially at the age of 18. It is a lot to expect from young people, some of whom have lived very unstable and fractured lives, to assimilate into society and conform to social norms without the aid of those who have their best interests at heart.

The proposed legislation puts these programmes on a statutory footing as well as obliging those at management levels to give these programmes the due consideration and attention they require for the benefit of young people leaving care. Since its inception, Tusla has not been able to meet fully the potential of these programmes, which no doubt has had a negative impact on the lives of young people who have left care in recent years. I am aware of some cases where a small number of these young people have ended up homeless due to the lack of supports available to them on the back of leaving care. I agree with the Minister that the aftercare service provided to young people in Galway and Roscommon is the level to which we need to aspire and which we need to achieve when these young children leave State care. The implementation of these aftercare programmes will give children a sound foundation to go forward and live a life of fulfilment or at least have an equal opportunity to do so.

Real-life situations and practical considerations have been legislated for in this Bill, and this is very positive. I am glad to see this acknowledged. Young people do not just develop into fully functional adults on their 18th birthday. In the event of a young person’s reluctance to engage in an aftercare programme, it is welcome that he or she may be afforded the opportunity to re-engage with it at a later date when he or she feels fit rather than being cast to one side and forgotten about. I hope the Bill will limit the isolation of those experiences for young people leaving care, and will be as inclusive and accessible as possible. However, I am of the opinion that amendments can be made to strengthen the legislation significantly.

There are many holes and shortfalls indicative of a get-out clause on the part of both the Department and Tulsa. I have concerns surrounding the use of language contained in certain elements of the Bill. The amendments I will table will further strengthen the Bill by making those at the helm more accountable and will ensure the best interests of our young people are not overlooked. They will give those who fall through the cracks, when it is not the fault of the young people, a formal pathway for recourse in the event that their best interests have been neglected.

We will be proposing these measures in an attempt to establish some sort of tri-partied relationship between the child, Tusla and the Department of Children and Youth Affairs. This would put an onus on all parties involved to engage to the best of their abilities. We will also be presenting proposals to extend some of the age ranges within the document in order to make aftercare services more encompassing of all those who may be in need of the support. In this regard, this Bill does not go far enough.

Barnardos commented on this Bill recently and the comments are worth noting. It stated:

While the publication of the Child Care (Amendment) Bill 2015 is a step forward in terms of providing a statutory entitlement to an aftercare plan for the majority of care leavers, it is disappointing key recommendations outlined by the joint Oireachtas committee report were not taken on board. Also, there is a real concern the absence of resources (personnel and financial), together with the breadth of supports required to comprehensively meet the aftercare needs of young people, will seriously affect implementation of these aftercare plans.

My summation of those comments would be that the experts in this area and advocacy groups who know the issues inside out are in agreement with me in stating that this Bill, although welcome, does not go far enough. We will not be opposing this Bill and we will be happy to see it implemented as soon as possible, as it is a major step forward. I hope recommendations proposed on Committee Stage will not fall on deaf ears and will be properly considered.

To conclude, children leaving care are possibly some of the most vulnerable children in our State, and in many cases they are leaving care on the back of some very traumatic experiences. These children deserve the opportunities and access to enable them to live both happy and productive lives. They are the future generations of our nation and should be treated equally, being cherished and nurtured in a way that allows them to realise their full potential.

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