Terry Leyden (Fianna Fail) | Oireachtas source

I welcome the Minister and congratulate her on bringing forward the Bill. Fianna Fáil welcomes and, in principle, supports this long delayed and much promised legislation which formally establishes the Child and Family Agency. However, the Bill seems to be more about the agency than the child, with the functions of the agency and the best interests of the child occupying two sections, whereas eight sections are devoted to the agency's chief executive officer. The establishment of the agency is meant to address the issue of fragmentation in child services. I fully support that objective. The Bill also seeks to put in place clear lines of accountability in decision-making. The agency in its day-to-day operations will be independent of the Departments of Health and Children and Youth Affairs, while the Minister will be responsible for policy making. Curiously, the same rationale was used in the creation of the HSE, an agency the Government plans to abolish.

We have concerns a the number of services that the task force on the establishment of the new agency recommended to be included have not been followed up on by the Minister. Nonetheless, there is no doubt that under the HSE services for children did not receive the attention they deserved and the establishment of the agency which has the child at the forefront of its concerns is to be greatly welcomed. During the years the State did not cherish its children well and the different reports on the way they were treated in residential institutions highlighted how much of a scandal and a shame it was. We are endeavouring to rectify this, but it will never be rectified for those who suffered, whether in the Magdalen laundries or residential institutions run by different agencies acting on behalf of the State. The recent film reproductions on what had happened were upsetting as we witnessed how children had been treated by the State. We failed them and it is about time this agency was created. It is a step in the right direction, which is why we support it.

It is sometimes forgotten that when Fianna Fáil was in government, we took action. In 2011 the Minister announced the publication of a new national children's strategy for the period 2012 to 2017 to give an opportunity to set out a clear road map for the next five years. During our period in office the introduction of the free preschool year was worthwhile and the Minister hopes to introduce a second free preschool year. The current provision is available to all eligible children in the year prior to commencing primary school.

The scheme has been hugely successful with approximately 95% of children availing of the free preschool provision in the year prior to attending school. There has been a major step forward in preschool education. From meeting children who have gone through the system I can say it gives them great confidence when starting primary school. It certainly makes the first days at school much easier as children have built up friendships in preschool. I know it is the Minister's wish to add a second preschool year but that is difficult due to existing financial constraints. There is no point in saying otherwise. However, I commend her on retaining the free preschool year. I presume it might have come under pressure during the budgetary discussions but the Minister fought for it and succeeded in retaining it.

For the first time in Irish history, we established both an Office of the Minister for Children and a Minister for children. I accept that the Taoiseach elevated the position to a full Cabinet Ministry but previously the Minister of State sat at the Cabinet table. Key Government officials were brought together in the Office of the Minister for Children to work in a co-ordinated and integrated way. The late Brian Lenihan launched the first overarching Government policy to guide the delivery of all children’s services in December 2007. It was based on the principle of having health and personal social services provided on the basis of the child being supported within the family and the local community. It was aimed at all those working with children and families - policy makers, HSE managers and front-line workers. Its aims were to enable earlier interventions before problems became critical.

It is important to highlight some of the worthwhile steps taken by the Fianna Fáil Government in coalition with the Green Party and others. The Children Act 2001 was the primary statutory framework for the youth justice system. It adopted a twin-track approach, namely, child welfare and youth justice, to address the needs of children who might be in need of special care or protection and children who offend. The Child Care (Amendment) Bill 2009 provided for the High Court to have statutory jurisdiction to hear applications by the HSE for special care orders in respect of children where their welfare might require their detention in a special care unit. Those issues were progressed at the time. The Minister was a Member of the Seanad then and supported the measures.

The Bill is a culmination of the work that has been done. Each piece of work was a step in the right direction. There had long been a need for the issues to be addressed. The Murphy report and other reports highlighted the abuse of children in the State by people in positions of responsibility. Cases of abuse within the family, as opposed to abuse by unrelated individuals, now come before the courts on a regular basis. It is an appalling situation that arises in all societies not just in this country. Nevertheless, the State is in a better position to respond in a positive way. I do not take issue with the recent response to the cases of suspected child abduction. One could ask whether one could stand idly by and not take any action. I accept there might have been overreaction and the situation could have been handled better but it is preferable to be proactive than not to take action in a case of potential abuse. I believe all the staff involved were working in the best interests of the children concerned. The information received might not have been accurate but if no action were taken the Minister would be held responsible. It is no harm to be vigilant in that respect and for inquiries to be carried out without taking the ultimate step of taking children into care or away from their families. Balance is required. If a child is secure within a family then tests and investigations can be carried out without taking a child into care. Lessons have been learned. The Garda Síochána acted on information brought to its attention by individuals. If the Garda had not acted it might have been responsible if child abduction were involved. Where child abduction has taken place, we must ensure that it is resolved. The case in Greece was a possible case of abduction but the circumstances surrounding it are unclear.

I commend the Minister on the successful passage of the referendum on children. It was the ultimate decision of the Minister to set up the agency that is becoming reality. She will get support for the Bill within this House where we have such expertise as there are many Members involved in child care issues. It is interesting to note that Senator Coghlan is the only male on the Government side of the House today while Senator Quinn and I are the only males on the Opposition side. Child care affects fathers and men as well as women.