Barry Andrews (Dún Laoghaire, Fianna Fail)

As Senators said, we have had a widespread debate on this issue which continues to be a subject of analysis on my part. As I said previously, it is at the cutting edge of developments in this area for all the reasons we have discussed. I have received legal advice which confirms the view that we expressed in the implementation plan arising from the Ryan report, that the section 45 obligation is in substance mandatory. We said in the implementation plan that the provision of aftercare should form an integral part of care delivery for children in the care of the State. It should not be seen as a discretionary service or as a once-off event that occurs on a young person's 18th birthday. As Senator Cannon said, one would not leave one's own child out on the street when he or she turned 18 years. Historically, 21 years was considered the definitive age when the keys were handed over to the young person coming of age. In some jurisdictions 21 years is the age at which care comes to an end, not 18 years. That is something we should consider in years to come. The legal advice is that it creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this.

I note the amendment is much more detailed which I welcome, although I am not prepared to accept it today. I want further time to consider what other options we may have. This does not just relate to special care but would apply to all forms of care. Everything else we have been discussing today relates to special care, but this is an amendment to the original Act and, therefore, would apply to foster care, residential care and other State interventions of that nature. I am not accepting it today, but I am inclined towards further discussion. I will consider the advice I have received and what the options are in terms of ensuring this service is provided for everybody who needs it in the State.