Brian Lenihan Jnr (Dublin West, Fianna Fail)

As I understand the position, the case the Senator outlines would be a private arrangement which stands outside the care system. This system relates to two categories, namely, persons taken into care or persons surrendered into care. The circumstances described by the Senator relate to a third category, one on which he touched in his Second Stage contribution. While there is a third category of persons who are minded informally by someone else, there is no suggestion of any risk or requirement that a child in such circumstances would have care and protection. A person would simply have custody of the child in question and would not fall within the scope of the legislation.