Frances Fitzgerald (Fine Gael)

I move amendment No. 8:

In page 24, to delete lines 22 to 32.

Questions arise about the importance of consultation with a child in special care or his or her parents and-or guardians. The amendment relates to the determination by the HSE that a child requires special care. Section 23F(4) allows the HSE to bypass consultation with the child, a parent and-or guardian and a person acting in loco parentis if it is satisfied that there is reasonable cause to believe it is not in the best interests of the child to do so. Placing children in care is a serious matter and, where possible, one should seek at all times to consult parents, guardians and the children concerned.

Even in circumstances in which a child is in secure care, it is extremely important, in the vast majority of cases, that work continues with family members and the child in question. It is also important for the child's long-term future that ongoing consultation takes place. While there may be cases where this is not possible, I question the necessity of including in legislation a provision that the Health Service Executive shall not consult the child, a parent having custody of a child, the child's guardian or a person acting in loco parentis. This provision could be open to abuse.

Children are placed in secure care only in extreme circumstances and they and their parents face great stress as a result. It may prove too easy to decide against consulting the key people cited in the subsection. Therefore, I seek to delete the provision for that reason. It is important to keep open communications with all the parties involved rather than bypassing them.

This is a strong exclusion which I fear will be overused. It provides that consultation will not take place when the HSE has "reasonable cause" to believe it is not in the best interests of the child to consult the persons cited. "Reasonable cause" is a legal term. I ask the Minister of State to outline the thinking behind the provision because there is a danger it will be overused and lead to bad practice.