Seanad debates

Thursday, 6 May 2010

Child Care (Amendment) Bill 2009: Report and Final Stages

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 53:

In page 66, to delete lines 20 to 26 and substitute the following:

"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 or her for so long as the Executive is satisfied as to his or her need for assistance and, subject to paragraph (b), he or she has not attained the age of 21 years.

(b) Where 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 or she 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 or her to be visited or assisted;

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

(iii) by placing him or her 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 or her;

(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 may be provided.

(4) In providing assistance under this section, the Executive 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).".".

This issue was ventilated extensively on Committee Stage. There was wide agreement on the importance and the necessity of the provision of aftercare. There was residual disagreement on the extent to which it is necessary in every individual case, but, not to overstate matters, we reached a high level of agreement on the need to substantially improve the current position.

There is still controversy around the extent to which aftercare is necessary in every individual case. I understand the Minister of State's comment regarding the HSE that where aftercare is required, a programme and a plan is prepared and implemented. Other Members and I want that regime to be introduced on a statutory basis as that is the only way it can be guaranteed. We also want a means to monitor it and improve it if necessary in order that people may see the requirements and entitlements in black and white.

An article on the Bill, of which I am sure the Minister of State is aware, appeared in the February 2010 edition of the Bar Review. I recommend that all my colleagues read the piece by Diane Duggan. She makes a telling point on aftercare by comparing the situation in Ireland with that in England, Wales and Northern Ireland. She says that the relevant legislation in those jurisdictions contains provisions that aftercare must be provided in all cases. She makes the point, which many of us mentioned on the previous occasion we discussed the issue, that all the studies and the evidence point to the necessity for a robust and reliable system of aftercare to be made available.

Focus Ireland, Barnardos and others have been at the forefront in pressing for such a system. They point out that it is not academic as there is, unfortunately, a high level of homelessness among people who have been in care and they face many difficulties. I do not need to rehearse the starker and sadder cases that have been reported in recent times.

The debate on an important Bill such as this should not be an occasion for us to repeat rhetorically all of the awful things that have happened — terrible things have happened — but to see what we can do in the future to try to avoid some of these dreadful experiences. One practical thing the Minister of State could do is give effect to what I think he believes himself, that aftercare services should be available. This should be done by statute. I understood him to say this was the route he wished to take but that he considered this was not the Bill in which to do it. I am not sure where else we can do it. Is there another opportunity? This legislation provides the opportunity to do it and I do not see any amendments from the Government in this regard.

I again impress on the Minister of State the urgency attached to this measure. It is not just a small minority of children leaving the system who require aftercare services. It is a provision that must be strengthened considerably. I await the Minister of State's response.

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