Alex White (Labour)

I move amendment No. 25:

In page 66, before section 22, to insert the following new section:

"22.—Section 45 (as amended by the Act of 2004) of the Principal Act is amended by substituting the following section for section 45—

"45.—(1)(a) Where a child leaves the care of the Health Service Executive, the Executive shall, in accordance with subsection (2), assist him for so long as the Executive is satisfied as to his need for assistance and, subject to paragraph (b), he has not attained the age of 21 years.

(b) Where the Health Service Executive is assisting a person in accordance with subsection (2)(b), and that person attains the age of 21 years, the Executive shall continue to provide such assistance until the completion of the course of education in which he is engaged.

(2)(a) The Health Service Executive shall assist a person under this section in one or more of the following ways—

(i) by causing him to be visited or assisted;

(ii) by arranging for the completion of his education and by contributing towards his maintenance while he is completing his education;

(iii) by placing him in a suitable trade, calling or business and paying such fee or sum as may be requisite for that purpose;

(iv) by providing a residential aftercare programme for him;

(v) by co-operating with housing authorities in planning accommodation for children leaving care on reaching the age of 18 years;

(vi) by arranging for any existing or emerging health care needs to be addressed by appropriate qualified persons;

(b) For the purposes of this section, the Minister shall prescribe the manner in which aftercare is to be provided by regulation.

(3) Any arrangement made by a health board under section 55(4) or (5) of the Health Act, 1953, in force immediately before the commencement of this section shall continue in force as if made under this section.

(4) In providing assistance under this section, a health board shall comply with any general directions given by the Minister.

(5) For the purposes of this section, the reference in subsection (1)(a) to the care of the Health Service Executive includes special care provided under Part IVA (as amended by the Child Care (Amendment) Act 2010).".".

Now that this amendment has been moved, I feel secure in the knowledge it has not been ruled out of order. At the significant risk of cutting off my nose to spite my face, I must say I find it difficult to understand how other amendments have been ruled out of order on the basis that they are a potential charge on Revenue, even though they do not look like they are a potential charge, but that this amendment, which certainly could be a charge on Revenue if it was accepted, which I hope it will, has not been ruled out of order. There appears to be extraordinary inconsistency applied with regard to the rule about a charge on the Revenue. In case the Chair changes its mind on this, I will move on quickly.

There was some discussion on this matter on Second Stage and I feel we are all, including the Minister of State, agreed on the general principle of the importance of aftercare. This is something that has only emerged in recent years in this debate and it has been put on the agenda very forcefully by organisations such as Barnardos, Focus Ireland and the Irish Association of Young People in Care. I compliment those organisations, especially Focus Ireland, on the tremendous work they do in this area by pulling together the information and experience and focusing on individuals who find themselves in the kinds of situations we are debating here in a somewhat cold way. The organisations do tireless work in this area and have pushed us to make changes. Those of us who have an interest and political responsibility in this area have been pressing the Government to go further than a general commitment to the principle of promoting aftercare and continuing a level of contact and support for people who are no longer in care by virtue of their age.

What we want to do through this amendment is to put that commitment into statutory form through legislation in order that we can then rely on the fact that it will be delivered and that controls will be put in place to ensure standards and parameters are applied with regard to what aftercare means, how it will apply, whether it will have a residential component and whether it will include assisting with employment, education, health care needs and all the other holistic areas and issues that should be taken into account for anybody who has been in care and who now faces the world without being in a secure placement.

What we have in mind with regard to the components of an aftercare service or commitment on the part of the State are set out in some detail in our amendment. The amendment is self-explanatory and I do not have to persuade the Minister of State or anybody else present of the importance of the principle behind it. What we seek is to carve this into legislation to ensure it is made into a real and robust commitment on the part of the State.