David Cullinane (Sinn Fein) | Oireachtas source

Thank you, a Leas-Chathaoirligh, and I welcome the Minister back to the House to debate this important issue. I will be supporting the Bill because it is important that we continue to improve areas of child protection. Although the Bill is largely technical, it does tidy up some areas of child care policy, which I support.

The Bill which amends the 1991 Child Care Act seeks to allow for the extension of an interim care order, where consent has not been obtained from parents or guardians, from eight days to 29 days. This will bring the time periods in section 17(2) of the parent Act, the 1991 Child Care Act, broadly into line, as all time periods will be 29 days, and 29 days will be a maximum for an interim care order without consent. With parental consent it can exceed 29 days.

The Bill seeks to improve the operation of the 1991 Act, an aim with which we are in accordance and support. Part 4 of the Child Care Act 1991, as amended, sets out provisions relating to the making of a care order and a supervision order. The responsibility for making such an order is currently with the HSE. While this is a significant responsibility it is clearly a necessary power if children are at risk. While it should exercise its responsibility with care and in a balanced way, there is no question but that it is necessary for it to carry out such a role. It is interesting that this was one of the issues that arose in the children referendum and was often used by opponents of the amendment in a very negative way.

Section 16 of the 1991 Act allows the HSE to make an application for a care order or supervision order in respect of a child residing in its area where it appears the child is in need of care or protection. A supervision order authorises the HSE to visit a child at specified periods to allow the HSE to ascertain the welfare of the child or to provide advice on the care of the child. Under section 17(1), where an application for a care order has been made or is about to be made and an urgent protection need arises, an interim care order can be made pending the determination of the care order application. Section 17(2)(b) provided that where the parent or person acting inloco parentis gave consent, an interim care order could be granted for a period exceeding eight days and where they did not give consent, for a period not exceeding eight days. This was amended by section 267 of the Children Act 2001, which allowed an interim order with consent for a period exceeding 28 days and limited an order without consent to a period not exceeding 28 days. Section 17(2) of the 1991 Act also allows for an extension of an interim care order. Until now, this would exceed eight days with the permission of the parents or persons acting in loco parentis and cannot exceed eight days without that consent.

The legislation will allow that to be extended to 29 days and it also amends section 17(2)(b) of the 1991 Act to allow for the application itself to be for 29 days maximum without consent and for longer where there is consent. This is necessary because it is believed that running to the courts every eight days to have the interim care order reviewed is excessive, not best practice and disruptive for the child in question. We agree this is not desirable. I understand from the Bills digest that following the amendment of section 17(2) by the 2001 Act, the practice arose whereby interim care orders without consent were granted for a period of 28 days initially with extensions of a further 28 days, which was mentioned by a previous Senator. However, due to the President of the District Court directing that a court cannot make such an order without consent concurrently, there is a need to legislate. If the Bill is enacted and all the time periods under section 17(2) become 29 days, the proposed amendment from 28 to 29 days will facilitate applications for interim care orders or for extensions to them to be heard on the same day each week by the court, which is sensible.

I was watched the discussion on the Magdalen laundries report on the "Tonight with Vincent Browne" television programmes last week and the issue of children of care came up. While there were serious problems in the past and mistakes were made by the HSE, the State must face up to its responsibilities and the Minister has sought to improve the care of children. In any attempt to do that, she will have my support and my party's full support because it is such an important area. It was one of the issues that was, unfortunately, used against all of us who were campaigning in favour of the children's right referendum. People said the State had failed children and asked why we were proposing the constitutional amendment. However, they missed the point of the referendum in the first place.

I fully support the Bill and I will not table amendments to it.