Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all Senators for their contributions to the debate. I welcome the response the Bill has received from them and I thank them for their support. The legislation is in the interests of the children. A number of general points were made by Members regarding the protection of children. We have an appalling legacy but we are taking actions that will make a difference to children. The total number of children in care is 6,160. Senator Mullen referred to highlighting particular counties but it often brings it home a little more when one considers the number of children from particular areas. I have done that recently and this is something that needs to be shared more at local and regional level in order that people are aware of how many children are in care in their county and can examine the support mechanisms that could be developed at county level to make a difference to vulnerable children. We should do more of this.

A question was raised about children protection generally and the development of the child and family support agency. I will be happy to come to the House for a debate prior to the legislation that will put the agency on a statutory footing. It will be available this term and a great deal of work is being done on it. The agency's management team has been put in place and the segregation from the HSE has been completed. Mr. Gordon Jeyes is the chief executive officer of the agency and new management structures are in place. There will be much less management, more accountability from the front line to the centre and greater access for front-line social workers to managers, which is important. The legislation is being worked on and we are also working on having a separate financial system in order that the agency can operate independently. It is probably one of the biggest pubic sector reform initiatives we are undertaking as a Government. There are 4,000 staff involved and a budget of ¤550 million. It is, therefore, a substantial reform Bill and it is a priority for the Government.

This raised a number of other points. There is a suite of legislation that follows on from the referendum when all processes are completed. I published the adoption legislation before the referendum and that will need to be implemented in due course.

Legislation will also arise in relation to the best interests of the child and the views of the child. The child care legislation will have to be examined as a whole to see what other amendments are necessary. That point was raised by Senator Leyden. He also asked when the matter first came to attention - it was in the latter half of 2012. It was raised first, not by the HSE, but by practitioners and in the court who felt that what was happening was not in the interests of children. It was then raised with me by the HSE and I gathered the type of information which I have put before the House today.

A number of other points were raised which I would like to go through. I thank all the Senators for their commitment in this area. We are working collectively in terms of improving the services. I thank Senator Conway for his comments in respect of putting the best interests of the child centre stage.

Senator van Turnhout mentioned the pressures on everyone - parents, children and the courts - given the current situation. I agree with the Senator but primarily it is not in the interests of children to have this constant quick return to court before a proper assessment can be done, before proper care plans are made, before proper contact is made with the parents, where that is possible, and before proper discussions have taken place with the child. There is no question that it has become somewhat unmanageable and the Bill is intended to correct that.

Senator Hayden referred to the rationale when the original issue was raised. Senator Rónán Mullen supports the legislation and asked about the EU hotline. The ISPCC has taken over the hotline for which funding has been provided by my Department and we have also sourced EU funding. Senators played a role in ensuring this matter received high priority and it has been established. It started in December 2012 on a phased basis, 16 hours per day. I am pleased to announce the hotline will operate on a 24-hour basis by May 2013.

Senator Cullinane spoke about the Magdalen laundries report and what has emerged. We have to be conscious today that we do the best for those 6,000 children who are in care, particularly those young people who need aftercare. We spent ¤17 million last year on aftercare, which is a huge increase from previous years. Some of these young people who leave care need huge supports. I want to focus particularly on the group of young people who have been in residential care and who move on, some of whom have very complex needs. Yesterday I met Focus Ireland and many of organisations which work with the homeless to discuss how we can best co-ordinate services for that group. The Senator's point is well made that we need to be sensitive in the here and now to the challenges and the supports we need to give to more vulnerable children, so that the situation that emerged, due to a lack of supports and aftercare from which those women and young girls in the Magdalen laundries suffered, will not re-emerge. We have to examine current issues and children who are vulnerable today and ensure we do the right thing by them.

I thank Senator Marie Moloney for the points she raised. Senator Hayden asked about the rationale when the legislation was introduced. An immediate issue she has raised for consideration was the policy intent at the time of amending the Child Care Act 1991. I am informed that based on an exhaustive review of all available files and discussions with relevant officials, where available, it can be concluded that there was no policy consideration given to the extension of interim care orders at that time. All available documentation relates solely to the extension of initial care orders. In this regard it is assumed there was no policy imperative at the time of the amendment either for or against increasing the period of extension to 28 days, in the absence of consent. That is the background information as to how the issue was approached at the time.

I am not aware that it has been suggested that it was a mistake but equally the files do not show that a positive policy decision was made but the eight days would not be changed. That is as much background information as I have on the issue.

Senator Norris raised the issue of costs and guardian ad litem among other points. The guardian ad litemsystem has been developed hugely. At this point it needs to be reviewed. We need to put a national structure in place because the costs at this time are very high. It is a really good system and I recognise the Senator's role in ensuring we have a guardian ad litemsystem. It has been ad hocand is very expensive. A proper system must be put in place outlining clear standards and criteria and qualifications of those who do the job. The Minister for Justice and Equality, Deputy Alan Shatter, and I intend to address that issue.