Seanad debates

Wednesday, 19 May 2010

Ombudsman for Children Report on Children First Guidelines: Statements

 

4:00 pm

Photo of Maria CorriganMaria Corrigan (Fianna Fail)

I welcome the Minister of State to the Chamber. I am pleased to have an opportunity to contribute to this very important debate and I acknowledge the work the Minister of State has undertaken in this area.

I am very conscious the Minister of State's portfolio is not just about child protection, but covers many other areas. It must seem to him, however, that at present his portfolio almost completely comprises child protection issues. This reflects the fact that child protection is very complex. It impacts on almost every aspect of our lives, but its function is unambiguous. It is about keeping children safe, and that is the core message.

We are reminded every day of the impact of child protection, the challenges we face in keeping children safe and the tragedy that overtakes us when that is not possible. I am sure every Member of the Oireachtas as well as members of the public can recall numerous tragic incidents involving children such as that of Daniel McAnaspie and others whose protection was not fulfilled and who found themselves in danger. In Daniel's case, unfortunately, this resulted in the loss of a very young life. That brings a sobering perspective to us all when we engage in debates such as this.

The report before the House from the Ombudsman for Children raises very serious concerns about the implementation of Children First: national guidelines for the protection and welfare of children. That said, she points to some very positive developments and progress that has taken place in the area. I acknowledge that progress. It is very important it is placed on the record of the House. I am sure, however, the Minister of State would not want us to dwell on this in the limited time available today. Perhaps it would be much better to consider constructively how to address the issues raised by the Ombudsman for Children. Her report has multiple findings of unsound administration by the HSE. There are 11 findings under section 8 of the Ombudsman for Children Act 2002. While it is not possible to address all these in detail today, I shall return to a number of them but not before I consider something else.

I was very struck by the fact that throughout the report there are constant references to reviews, reports and investigations. I am very conscious during the Order of Business that we hear calls for debates on various reports such as the Murphy report, the Ryan report or this report. These reports merit a great deal of consideration, but there comes a time when we have to go beyond debate, when it becomes a question of the action to be taken. I was very struck by a particular quote in the Ombudsman's report to the effect that, to date, there is no shortage of analysis of the problems but less action to tackle them. It is appropriate for us to bear this in mind.

I want to propose to the Government that consideration be given to the establishment of an Oireachtas joint committee for the protection of children and vulnerable adults. A significant body of work needs to be undertaken in this area and there is a strong message to be delivered in terms of the priority the Oireachtas affords this area. This should reflect the priority the Minister of State with responsibility for children has afforded this area. It is unacceptable that the only role for the Oireachtas in this is to participate in endless debate but not to have a participatory role in any action taken.

The Joint Committee on the Constitutional Amendment on Children demonstrated the very real work that may be undertaken by an all-party committee. It highlighted in the course of its work the many needs that are required to be addressed within this area. Hunting for time among the Committee on Health and Children and the Committee on Justice, Equality, Defence and Women's Rights and settling for statements and debates is not the optimum way forward in providing an opportunity for the Oireachtas to make a contribution.

All the reports and accounts published in recent years, such as those of Ryan, Murphy, the Ombudsman and the Minister of State's office, have pointed to the work that needs to be done as well as the challenges for inter-agency co-ordination and accountability. The establishment of an Oireachtas joint committee specifically for the protection of children and vulnerable adults would provide a very clear focus for such disparate work. It would provide an excellent forum for adequate consideration of policy, legislation and reports such as these. The establishment of the Minister of State's office was a very positive step. An Oireachtas forum such as a committee or sub-committee needs to be the next step.

On the specifics of the report, perhaps I can ask the Minister of State about a couple of reports that are named. The Ombudsman for Children has said a strategic review of the delivery and management of child protection services is under way. If not already completed, when will it be finished and will it be published? A second report mentioned is the national social work and family support survey. It says this has been completed but has not been published. Are there plans to publish it? I was very struck by some of the findings the Ombudsman made available in the body of her report. It would be very useful for Members to have access to the full report in that regard.

The Ombudsman pointed out that the HSE is obliged under section 8 of the Child Care Act 1991 to publish a report on the adequacy of services offered to children and families in each functional area and raised concerns that this had not happened in 2008. She also spoke about the industrial action by IMPACT and the effects this was having on the administrative side of child protection in so far as outcomes or reports were not being lodged. Has any progress been made in that regard or has this been addressed? Will the Minister of State say whether there are any plans for the establishment of a child protection notification service on an all-country basis?

I very much welcome the commitment the Minister of State gave in his speech this afternoon to the effect that his priority would be the sustained implementation of Children First and also that he would be looking into an audit of the case files. What is very clear from all these reports is that they have not looked at active case files. The framework that will underpin this will play a very crucial role. We must have training for people in the area, but this must be in tandem with support. It has to be about learning. Everyone who works in this area wants to keep children safe, but there is incredible anxiety and concern about getting things wrong. This may result in paralysis which is of no use to anyone. We must ensure people have the confidence and the competence to make the decisions we depend on them to make.

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