Barry Andrews (Dún Laoghaire, Fianna Fail)

I am certainly open to the principle, but there is no point in inserting an additional safeguard where the existing safeguard is, in my view, if not in Senator White's, sufficiently robust. If this had not been provided for in the 1991 Act, it would be a vital addition to improve the legislation.

In all special care orders the child is represented by a guardian ad litem, the obligation of whom is to provide information for the court on what is in the best interests of the child and what are the view of the child which may not necessarily be the same. In addition, the Bill provides that the parent or guardian of the child or a person acting in loco parentis may write and ask for an appraisal of the special care provided. That is a statutory safeguard. After the order is made, the original section 3 of the Child Care Act provides a general safeguard. As I said today and the last day, I am sympathetic to the principle, but it is not necessary to add a further safeguard where there is already a robust legal principle that is observed.

As I said before Senator White came into the Chamber, the HIQA report on special care orders of a general nature was positive about the experience of young people in special care. As I also mentioned, it described in negative terms the built environment of Ballydowd, but the facility has been almost completely closed. There have been positive outcomes. The young people who were consulted at Ballydowd had had a positive experience and felt their views had been accepted and listened to. It strikes me, on the basis of the HIQA report, that there is no deficit in this area such as the Senator is seeking to correct with the amendment.