Brian Lenihan Jnr (Dublin West, Fianna Fail)

I understand the spirit of the amendment because it makes sense but it is not addressed in a practical way. Each foster child has a care plan and that continues in force after the order is made. The issue raised by the Senator is, therefore, addressed through the care plan, which ensures a level of contact between the foster parents and the social workers.

If I accepted the amendment this would be written in as a legal requirement, undermining the purpose of the legislation, which is to do away with that requirement when the parent is found to be sufficiently trustworthy. In effect the legislation states that after the designated period of years the parent can be trusted to make these decisions but that does not mean a care plan is not in place. That is why the HSE has the power to come back and revoke the parent's powers if necessary. We must, however, recognise the trust we repose in parents under this legislation by virtue of the length of time they have looked after a child.