Brian Lenihan Jnr (Dublin West, Fianna Fail)

I have considered carefully the amendments which have been tabled by Senators Browne and Henry, which propose to reduce the period of time for which a child should be in the continuous care of a foster parent or relative before a court order can be sought. The requirement in the Bill that a child be in the care of a foster parent or relative for a continuous period of five years is appropriate. After five years have elapsed, foster parents, or relative foster carers, will be experienced and will have a sufficient level of understanding of the needs of the foster children. If there are instances of instability or interruption in the placement, it is not appropriate for foster carers to have increased autonomy in respect of the child. When an order is granted under this Bill in respect of a child, that means the State delegates its responsibilities for that child to a foster carer. Under the terms of the legislation, all of the current rights and obligations of the State in respect of that child can be transferred to the parent. That is not something that can be done lightly. The State has to be satisfied there is an unblemished history of care on the part of the foster parent or relative in respect of the child.

I am satisfied that, on balance, five years is the right period of time to provide for. I have listened to the views of Senators. I note that a period of three years has been proposed — I would not entertain such a short period, in the context of such a far-reaching delegation. I will take note of what has been said in this House and I will reflect on it when matters proceed elsewhere. I will listen to what is said in the other House and take account of the views of the national organisations. I am not disposed to depart from the period of time that is currently provided for. I accept the principle underlying Senator Henry's amendment No. 3, which relates to interrupted placements. I am willing to consider introducing an amendment on Report Stage which would allow a short interruption in the placement of a child, with the same foster parent or relative, to be disregarded in calculating the continuous period. I would concede that, but making that concession strengthens the argument for allowing a relatively long period of time.