Brian Lenihan Jnr (Dublin West, Fianna Fail)

The purpose of the Bill is to give foster parents or relatives caring for a child for a continuous period of five years more autonomy on the day-to-day care of the child. The HSE will continue to have a role in the life of a child in care through its involvement in the review of the implementation of the child care plan. If foster carers need advice on a significant matter, they will continue to have access to a named social worker, known as a link worker, who will provide information, advice and support to them.

Senator Browne's concern is that decisions on medical matters can have a fundamental effect on the welfare of the child. In a sense, his amendment attempts to construct a half-way house between what is envisaged in the legislation and what is the present position. I am glad to state I can be of some comfort to him. Section 2(5) of the Bill enables the court granting the order to impose any conditions or restrictions it sees fit as to the extent of the authority of the foster parent or relative to whom the order is granted.

To address Senator Browne's point, the power given to a foster parent or relative can be the entire power the HSE had in respect of the child, including the power to consent to medical matters. However, the court can take a different view and restrict the scope of the power given to a foster parent. It might be appropriate in the case of an extremely ill foster child about whom fundamental medical decisions must be taken. The court might take the view in such a case the HSE should continue to have the final say and not the foster parent.

To that extent, the legislation addresses the Senator's concerns. A full blank cheque is not automatically given to a foster parent. The control of the care plan always exists. In addition, section 2(5) allows the court to give less than a full grant of power to a foster parent.