Dáil debates

Thursday, 25 October 2012

Other Questions

Children's Rights Referendum

6:25 pm

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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To ask the Minister for Children and Youth Affairs the way she proposes to put in place the resources that will be required to uphold and vindicate the rights of children; and if she will make a statement on the matter. [46717/12]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The purpose of the proposed constitutional amendment is to recognise children in their own right in the Constitution and to acknowledge that each child enjoys rights and deserves certain protections from the State by virtue of the fact that, as a child, he or she is vulnerable. The referendum will not address all wider issues that impact on children. It is the fundamental backdrop to the wider programme for change for children that is being pursued by the Government. These reforms focus on intervention to ensure the safety and welfare of children and to ensure child protection services can respond proportionately to all child protection concerns. Central to the programme for change for children is the plan to take child protection services out of the HSE and to establish a new dedicated child and family support agency, to be fully operational in 2013. This will involve a move to a situation where child and family welfare will be the sole focus of a single dedicated agency, overseen by a single dedicated Department. The report of the task force that I established to advise on how best to organise services for children in this country was published in July 2012. The task force report maps out an executive agenda for the development of services so we can do the very best for parents, children and families. Ahead of establishment of the new agency, an additional €21 million in funding has been made available to HSE child and family services in 2012. This reflects the priority attached by the Government to the reform of child welfare and protection services. There also has been a further increase in the recruitment of child and family social workers and an increase in the proportion of children with an allocated social worker.

Since taking office last year, it has been evident to me that there is a particular need to improve the quality and accuracy of information available from the HSE in relation to child protection services, together with a need to provide more timely and meaningful information. The introduction of the national child care information system will help to greatly improve performance in this area. I am pleased to say good progress is being made by the HSE with regard to the introduction of this system, which will help to significantly improve the level, quality and accessibility of information in respect of children and family services. The matter of resources for services to children will be considered by the Government in the context of the overall budgetary arrangements for 2013. While it is not open to me, in that context, to pre-empt decisions to be made by the Government, I would point out that the Government continues to invest significantly in services for children across a range of areas. The Government will continue this approach, to the greatest possible extent, in dealing with the serious financial challenges facing the country overall.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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This question is similar to Question No. 1.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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This issue has been covered already.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Is the Minister happy to move to the next question?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Yes.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I would like us to stay on this question to facilitate those of us who were not able to ask supplementary questions earlier because Question No. 1 was a Priority Question.

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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I accept that further questioning under Question No. 1 was limited to the presenter of that question, which was of similar substance to the question now before the House. Therefore, I will allow further questions on the topic covered in Question No. 10.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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That is fine.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We have spoken about the resourcing that is needed to enable social workers to uphold and vindicate the rights of children. I am particularly keen to make an additional comment on this issue in the House because it is the last opportunity I will get to do so before 10 November. I reiterate that resourcing will be essential. We have embarked on a major initiative to enshrine children's rights in the Constitution. The electorate will have an opportunity to do that two weeks from this Saturday. I join the Minister and others in this House in encouraging the greatest possible endorsement of the "Yes" position.

I urge Deputies not to be complacent and to utilise fully the remaining time to promote the very sound reasons we believe the "Yes" position is the right one to adopt on 10 November. Given that the Dáil is not sitting next week, we should avail of that opportunity to make our case. I would say from the engagement I have already had with others, as well as on the basis of the ongoing inquiries, that people who have had less than satisfactory experiences with the State's approach to the protection of children in the past have legitimate concerns. We need to ensure we are in a position to give the necessary assurances to the effect that those failures will not continue after this constitutional amendment is adopted.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I would also like to take this opportunity to encourage people to vote on 10 November next. It is a Saturday, which should facilitate people. It is important for people to come out to vote and to give a strong endorsement to this amendment. The information is out there. It is available to the public. People always ask for more information. Two booklets are being delivered to every home. All of the political parties are making material available to citizens to ensure they are informed about the key provisions we are proposing. I encourage people to make themselves aware of the information that is available, including the substantial body of information that is available online.

I take the Deputy's point that we have a dreadful history, in many ways, with regard to vulnerable children and over decades of institutional care. That institutional care has come to an end, for the most part. St. Patrick's Institution is an exception. We are taking action to change that. Before I saw any report, I took action to ensure 16 and 17 year olds will no longer be detained at St. Patrick's Institution. I emphasise that when care services try to help families, they provide family support in the first instance. That has been the case for quite a long time. It is only in exceptional cases that young people end up in care. When young people come into State care, they are placed in the care of families. Some 91% of them are with foster families. They are getting a chance of family life. It is important for people to understand it is not residential care.

I will conclude by referring to one of the difficulties in the discussions that are taking place in relation to the referendum. The fact that so many family law hearings take place in camera or in secret means people do not realise we already have strong legislation in this area. Every day of the week, the courts hear family law cases relating to families that are in trouble. They make decisions about care orders and supervision orders, etc. Every year, some 1,500 children are confirmed by the child and family services as suffering from physical abuse, sexual abuse or neglect. We need to protect those children.

Written Answers follow Adjournment.

The Dáil adjourned at 6.35 p.m. until 2 p.m. on Tuesday, 6 November 2012.