Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am pleased to be here today to discuss the progress which has been made in Ireland in giving effect to the United Nations Convention on the Rights of the Child. I recently had the honour of representing Ireland at the United Nations committee hearing on Ireland's second report on the implementation of the Convention which took place in Geneva last month. At the time of the submission of the first report in 1998 Ireland was subjected to considerable criticism but on this occasion the atmosphere of the committee was cordial. The hearing took place last month. The concluding observations of the committee were published on 29 September last and I am glad to say it endorsed the progress made by the Government on issues affecting children in this country over the last decade.

During the past ten years we have witnessed an extraordinary period of change in Ireland. It has been one of the most rapid and sustained periods of economic growth ever measured in an OECD country. This wealth has allowed us to make badly needed investment in many areas and, in particular, in infrastructure, health services, education and income support. The aim of the Government has been to translate our new found economic success into positive social change. I think everyone will agree that much progress has been made on children's issues since Ireland submitted its first report to the United Nations Committee on the Rights of the Child and it was the extent of this progress which was at issue at the hearing in Geneva.

The United Nations committee welcomed Ireland's comprehensive second report as well as the detailed replies to the list of issues which provide further information on the position of children in the State. The committee further noted with appreciation the fruitful and open dialogue which took place with the Irish State delegation.

I was pleased to be addressing the committee as Ireland's first Minister for Children who sits at the Cabinet table. This ensures that the interests of children are taken into account in an unprecedented manner across all areas of Government. The establishment of the Office of the Minister for Children also brings together key Government officials to work in a co-ordinated and integrated manner to deliver the best possible services for children and this was noted by the committee in its concluding observations.

The committee also singled out for special mention the adoption of new legislation and policy by the Government which improved the lives of children such as the Equal Status Act 2000; the Education (Welfare Act) 2000; the Ombudsman for Children Act 2002; the National Children's Strategy; the National Play Policy and the review of the National Anti-Poverty Strategy to name but a few. The committee welcomed in particular two key measures which have advanced the implementation of the Convention on the Rights of the Child, namely, the establishment of the National's Children Office, which has now been subsumed into the Office of the Minister for Children; and the appointment of the Ombudsman for Children in 2004. I intend to speak in detail on these issues later.

The United Nations committee hearings provide a useful opportunity for us to measure our progress and take stock of what has been achieved and identify priorities for the next stage of our development. As I acknowledged to the committee in Geneva, although there have been huge advances made in the position of children during the last ten years in Ireland, there are areas which need further development and investment. The United Nations committee highlighted some areas where further progress could be made such as advancing the rights of the child in the Constitution, a continued focus on the issue of child poverty, progressing the implementation of plans for mental health services for children and access to health care services generally. While the committee supported the changes under way in the area of juvenile justice, it had some reservations on which it sought reassurance.

The Government will use these observations to help decide our priorities as we work to improve the lives of children in Ireland going forward. The Government will not see suggestions by the United Nations committee as stones being thrown, but rather as building bricks that can be added to the foundations already laid in Ireland for improving children's lives. This is the purpose of the examination process under Article 44 of the Convention on the Rights of the Child.

As I stated previously, the committee welcomed the publication of the National Children's Strategy, the most significant measure in progressing the implementation of the United Nations Convention on the Rights of the Child in Ireland to date. The committee noted with appreciation the over-arching principles of the strategy, the goals set out in the strategy and the broad based co-operation and public consultations including with non-governmental organisations and academics. It urged us to review progress to date and advance implementation of the strategy with specific timeframes.

I am pleased to say that a mid-term review has already been undertaken by the National Children's Advisory Council at my request. Its recommendations have led to the development of a focused cross-departmental business plan for 2007. This work is well under way and is being led by my Office. In addition, provisions in Towards 2016 for new structures at national and local level will underpin this central Government level initiative. Nominations have already been sought for the national implementation group and I hope that the group and the first of the HSE led children's committees will be up and running early next year.

The committee noted that a number measures have been undertaken by the Office of the Minister for Children to promote respect for the views of the child, including through its work in assisting the establishment of children and youth parliaments and student councils in post-primary schools. In addition, the office consults regularly with children in its work and is also engaged in re-educating and producing tools to support a wider engagement with children as active participants in their own lives. I presented a short study undertaken on children and young people's views on the United Nations Convention on the Rights of the Child for the hearing in Geneva entitled "How we see it". I was pleased to report that the findings demonstrated that the majority of young people surveyed are aware of their rights under the United Nations convention and are also aware that those rights need to be asserted more fully.

The committee remarked on the progress made with regard to the collection of statistical data on children, and in particular to the research function of the National Children's Office, now part of the Office of the Minister for Children. We are adopting a systematic and incremental approach to the development of systems to improve the collection, disaggregation and analysis of data on children's lives. Reference is made in the State's report to the work already being supported by the Office of the Minister for Children to improve research and data on children.

The most recent social partnership agreement, Towards 2016, commits the Government to continuing to undertake research and data development to assist good policy formulation. Central to this is the National Longitudinal Study of Children in Ireland. It aims to provide the database for a comprehensive understanding of Irish children's development in the current social, economic and cultural environment. It will become a major element of the evidence base for policy and practice regarding children and their families. Some 18,000 children will be included in this study — a cohort of 10,000 infants aged nine months and a cohort of 8,000 nine-year-olds.

The first phase of this study spans approximately seven years and during that time there will be two data collection sweeps of the birth cohort, at age nine months and three years, and two of the nine year cohort, at age nine and 13. Longitudinal data are essential and will inform answers to the questions facing policy-makers and researchers today.

On the issue of disseminating and making known the convention among relevant authorities and the public at large, the committee noted with appreciation the dissemination of the convention in conjunction with the strategy. The awareness campaigns of the Office of the Minister for Children, as well as that of the Office of the Ombudsman for Children, including through their respective web pages, were also noted. The establishment of the Office of the Ombudsman for Children was particularly welcomed given its role in promoting children and young people's rights and investigating complaints by children against public organisations, schools or hospitals in addition to its research and policy functions.

The committee acknowledged and welcomed the efforts undertaken by the State to respond to the issue of child abuse and neglect through the creation of guidelines on reporting child abuse, through investigations of all reported cases of child abuse and through the launching of a nationwide awareness-raising campaign on child sexual abuse. One of the measures the committee recommended to improve maters in this area was the evaluation of all employees and volunteers working with children. I was pleased to announce this week that Garda vetting is being extended to all staff, students and volunteers in crèches, nurseries and other preschool services from next January. Senators will be aware that there has been a steady roll-out over the past few months to huge tranches of staff working with children. The Garda vetting unit has been given significant additional staff numbers to deal with demands in this area.

I noted with some concern that there appears to be a confusion in the mind of Members between the functions of the Garda vetting unit and the sex offenders' register. The sex offenders' register is currently maintained in a paper format at the Garda domestic violence and sexual assault unit in Harcourt Square. The register essentially constitutes a list of those persons convicted of sexual offences.

The Garda central vetting unit, based in Thurles, County Tipperary, is responsible for performing child protection vetting upon request from recruiting organisations. In the vetting process it is obviously vital that any person with a conviction for sexual offences is identified as having such a criminal history. The key point is that the central vetting unit already has full electronic access to this criminal history information via the Garda PULSE computer. In other words, the Garda central vetting unit already has all the information at its disposal to vet persons, including full access to the criminal records of persons who have been convicted of sexual offences. The fact that such a person, by virtue of a criminal record, is also on the sex offenders' register is neither here nor there from a vetting perspective. Accordingly, there is no requirement for the Garda central vetting unit to cross-check information with the sex offenders' register as the key point is that the Garda central vetting unit will know immediately directly from the computer system that the person has a criminal history involving sexual offences.

The sex offenders' register is designed by statute to provide gardaí with the means to monitor convicted sex offenders. It is not, nor has it ever been, intended as a public disclosure tool. There are plans to computerise this register as it is currently paper based. Of course, under the relevant legislation, persons who have committed equivalent crimes overseas are obliged to disclose their existence and their residence within the State to the Garda for inclusion on the sex offenders' register. I have asked the Department of Justice, Equality and Law Reform to request the Garda to examine whether information obtained in this way can be transmitted to the central vetting unit, since some such persons would not have a conviction within this jurisdiction.

The vetting requirement is one of a number of measures in the revised child care regulations which were announced on Monday. The regulations will cover all preschool centres where there are more than three children being looked after. As well as the garda vetting, preschool providers will have to check employment references for new staff and get references from reputable sources for all students and volunteers.

The committee also welcomed the establishment of the Social Services Inspectorate, which conducts inspections on foster care and residential centres operated by statutory and non-statutory agencies for children without parental care. I also reported on the re-balancing and readjustment of services towards early intervention and support for families in order to reduce the number who may become dependent on State care. Intensive prevention and early intervention community based services which have been put in place include the youth advocacy programme pilot projects and the teen parent support initiative. I am pleased to report that since 1997, the Government has increased the annual provision for child care services by more than €200 million in real terms and has invested in excess of €60 million in capital projects.

The committee made recommendations in a number of areas where Ireland could do better. One of particular interest was the committee's reference to the need to strengthen children's rights in the Constitution. I explained to the committee that the power to change our Constitution rests with the people alone. I stressed that time and again the people of Ireland have demonstrated their strong attachment to our Constitution by rejecting Government proposals to change it. I am currently engaged in an examination on an Article by Article basis of the provisions of the Constitution as they impact on children. This work is well under way and will be completed very soon. I am determined that a formula will be devised whereby the best interests of children will prevail in matters which affect them and which will at the same time meet with the approval of the people.

While welcoming recent changes in the youth justice system, the committee criticised the decision to make children from the age of ten upwards criminally responsible in the case of murder, manslaughter and aggravated sexual assault. Legislation, due to come into effect on 16 October, will raise the age of criminal responsibility from seven to 12 in all but the most serious cases of murder, rape and aggravated sexual assault and will contain a number of protections for all offenders. However, I wish to make it clear that proceedings against children between ten and 14 years will require the consent of the DPP and the courts will have the power to dismiss a case against a child under 14 years, where it determines that the child did not have a full understanding of what was involved in the commission of the offence. Furthermore, it is very unusual for these offences to be committed by children. Nonetheless, it is my firm view that victims of these most serious of offences must be assured that justice is seen to be done.

It would not be possible to cover all of the issues raised by the committee, but I hope I have given Members a sense of the recommendations. The committee clearly acknowledged the progress made for children in Ireland over the past decade and acknowledged that children and young people are higher on the Government agenda than ever before.

We can make improvements and the UN committee's recommendations will inform our priorities for children in the future. The process of reporting progress and benchmarking where we are with regard to improving children's lives is useful and keeps a focus on the goal that Government, non-statutory bodies and parents all desire — a successful and happy childhood for our children.

Fergal Browne (Fine Gael)
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I wish to share my time with Senators Brian Hayes and Terry.

Paddy Burke (Fine Gael)
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Is that agreed? Agreed.

Fergal Browne (Fine Gael)
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I welcome the Minister of State with responsibility for children, Deputy Brian Lenihan, to the House and wish him well in his new job where much progress has been made. There is always change in politics, but this area is changing at a rapid rate.

While the Minister of State was speaking, I was thinking his departmental responsibilities could be divided into three sections, infants, children and adolescents. Each of these areas requires its own legislation and expertise. While much work has been done, there are gaps in the service. I hope the Minister of State will take my point on board as something constructive rather than critical. I put a question to the Minister for Education and Science during the summer and was amazed to learn that 1,800 children were unaccounted for after leaving primary school over the past four years. There was no account of where these children were once they left primary school.

Another issue of concern is the delay that often exists in bringing cases of sexual abuse to court. I am aware of some of these in my area. It is not good that children who have suffered sexual abuse who face the trauma of a court case sometimes see the perpetrator of the crime walking about their town or village and appearing to get away with their crime. We need more speed in bringing these cases to court. Gardaí are often frustrated in this regard also as they are doing their best to bring forward prosecutions and to present the book of evidence. This should not be the case.

The Office of the Minister for Children must consider beefing-up or strengthening the role of the Ombudsman for Children. The ombudsman attended the Joint Oireachtas Committee on Health and Children recently, but it appears her powers are quite weak. It is time to move on to phase 2 and strengthen her powers so that she can investigate areas where we fail children. It is a major weakness of the role that the ombudsman cannot investigate areas where the State does not provide services. A significant gap exists which needs to be filled, otherwise it is pointless having an ombudsman.

The National Educational Psychological Service has been withdrawn from many schools and some schools have received only a fraction of their allocated hours compared to last year. This is not satisfactory as it leads to long waiting lists for speech and language therapy or to see a behavioural psychologist.

I refer to a case from my constituency where an 18 year old girl has threatened to kill her mother. She was sentenced to six months in Mountjoy Prison. There is no help for that girl or her mother. It is a question of passing the parcel and nobody is taking responsibility or is being held accountable. The mother is terrified of what will happen when her daughter is released from prison. I am aware of a case where an 11 year old daughter is almost as bad and has threatened to kill her mother while she is sleeping. Such adolescents require help, in particular those in the 15 to 18 year category who are too young to be put in residential units and are too old to be in paediatric units.

The report refers to the lack of detailed information. When the issue of suicide was recently considered by the sub-committee of the Joint Committee on Health and Children, we discovered there is no information available for adolescents about waiting times for psychiatric services. The report states that there may be 100,000 more 15 to 17 year olds in the population in three or four years' time. It is a case of constantly playing catch-up. It is vital that the Department plans ahead and is proactive rather than merely acting in a reactive fashion.

A total of 40,000 non-national children are resident in the country, many of whom are in urban areas. Their presence presents many challenges in schools including language barriers. Resources to help those children and their teachers must be put in place.

It is unfortunate that Ireland features as top of the list in many areas such as in alcohol and drug abuse. In the period 1995 to 2003, there has been a 10% jump in the number of children who have drank five or more drinks in a row. We have made progress in the wrong direction in those eight years. Ireland is one of the top three countries in Europe with regard to alcohol consumption and among the top five European countries where children use illicit drugs other than marijuana. Much progress has been made but there is a lot more work to do.

Brian Hayes (Fine Gael)
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I thank Senator Browne for sharing his time with Senator Terry and me. I welcome the Minister of State, Deputy Seán Power and previously, the Minister of State, Deputy Brian Lenihan and their officials, to the House. It is important that we now have a Minister of State, albeit at the high chair, around the Cabinet table, who is fully responsible for the area of child welfare which involves up to five different Departments.

I ask the Minister of State, Deputy Seán Power to investigate an issue of concern to me. Orphans being cared for by family members or friends are in receipt of an orphan's benefit and a medical card. However, because it is a means tested benefit, I know of an orphan who has not been granted the back to school clothing and footwear allowance. I ask the Minister of State to direct all health boards to grant a clothing and footwear allowance as of right to the families caring for orphans. If a medical card is granted as of right, a clothing and footwear allowance should be also granted. The number of orphans is quite small. They are a special group of people and the State should do everything in its power to ensure their childhood is made as easy as possible.

I wish to speak about the issue of foster families and the rights both of the child in care and of the natural parents. A demonstration took place recently outside Leinster House by a group of parents who believe their voice has been ignored. They are parents whose children have been taken from them and put into care. The Minister of State will be aware that close to 600 children are in care. I commend the foster families who do marvellous work. However the Child Care Act 1991 is clear that it is in the child's best interests that a child be brought up by its natural parents. Some parents are concerned that their voices are being ignored and that there are insufficient support services for families. Many families have been unable to cope with their housing and financial problems. Much more support is required for the parents of these children who dearly wish to take their children back home to live in a normal and natural environment as set out in the legislation and for which we are all responsible.

I ask the Minister of State to deal in his reply with the issue of assessment. It is right and proper that assessment should take place on an ongoing basis, at the very least every six months, to ensure the parent or parents of the child have got back on their feet and are able to care for the child. However, many assessments are taking place only on an annual basis. This is wrong and it is in breach of the UN charter. Children have a right to grow up in their natural environment and to be brought up by their mothers and fathers. It must be ensured that assessment occurs on a regular basis.

Another issue raised during the recent demonstration was the need for consistency among social workers and judges. It is utterly wrong to have different judges in the Family Court dealing with the same case every time it appears. It is equally wrong for a case to be dealt with by different teams of social workers. The voice of the parent whose child is in care needs to be recognised. Many are concerned at the lack of consistency among social workers and in the Family Court when it comes to ensuring the voice of the natural parent is heard. It is a difficult situation and there is no doubt the courts is the right place to determine whether a child should be in care. I ask the State to be aware that international commitments on assessment and consistency should be upheld and to ensure the voice of the natural parents is heard in the court setting and in the assessment setting. These parents do not believe this is happening.

Sheila Terry (Fine Gael)
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I welcome the Minister of State to the House. I thank Senator Browne for sharing his time.

I compliment the Minister of State, Deputy Brian Lenihan, on his work and that of his Department. It was very necessary that such a ministry be provided to co-ordinate all the services for children. The UN report states that further co-ordination of services is necessary and I would welcome further work on this aspect.

I acknowledge that much has been done and the report compliments Ireland in many areas. However, much more needs to be done. This is a glib saying but we are still playing catch-up in many areas. In this day and age in Ireland, some children are still living in poverty and some children are still in overcrowded classrooms. As the UN report pointed out, they are in classrooms where many of the facilities and materials are being provided by the parents because we are not providing sufficient funding to allow schools — primary schools in particular — to function at the desired level. They lack the necessary funding to provide all the materials they need. We should not be dependent on parents to provide that funding. The very parents who cannot afford it have children who need those essential tools in a school. Those parents should not be asked for money to provide necessary classroom tools. That is an area of concern that has been highlighted.

Likewise, the report highlighted that we are playing catch-up in regard to our recreational and play facilities for children. I recognise what the Minister of State, Deputy Brian Lenihan, has done in bringing about the report. However, while we can write aspirational reports outlining our plans, difficulty is met locally when attempts are made to introduce playgrounds. We are also considerably behind in the area of school gymnasiums.

The report also expressed concerns about the children of immigrants. We have a new challenge to ensure they are fully integrated into the community and are given the resources needed to improve their English. Children with disabilities and Traveller children are also referred to, and we are playing catch-up with respect to them as well.

I am concerned about children in care and especially children who leave care centres. Who is responsible for young people who leave such a care institution? The report highlights this problem which needs to be given attention. Reference was also made to how we deal with young people of 16 or 17 who get into trouble and who are sent to prison or St. Patrick's Institution where no educational facilities are provided for them, which is disgraceful. There are so many areas in which we need to improve.

The Minister of State, Deputy Brian Lenihan, mentioned that the social services inspectorate that visits care centres and places of detention for young people has been established, which is true. However, I would like to see this put on a statutory basis.

Seán Power (Kildare South, Fianna Fail)
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It will be.

Sheila Terry (Fine Gael)
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We need to know when it will happen and why it has not already been done.

Overcrowding in our schools really needs to be tackled. With our increasing population, even for a child to get into a school is a problem. While I welcome the report, it contains much of which we need to take heed and on which we need to work urgently to ensure that the next generation will be provided for. In particular, priority should be given to disadvantaged children.

Camillus Glynn (Fianna Fail)
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Cuirim fáilte roimh an Aire Stáit go dtí an Teach. I welcome the opportunity to speak on the progress report on the position of children in Ireland. While I agree with Senator Terry that the Minister of State, Deputy Brian Lenihan, needs to be complimented on his work, it does not matter in what chair the Minister of State sits at the Cabinet table, whether it is high or low, the Senator can rest assured that his two feet are on the ground. He is an individual gifted with a large amount of common sense, which has been reflected in his work since he became responsible for the area of children.

Until recently there was a fragmented approach to children's issues. It is important that not only should those issues be tackled in the manner in which they have been, but also that children's views should be canvassed and heard. In that context, I compliment Westmeath County Council and Mr. Gerry Sheridan, who organised the election of the junior county council in Westmeath, which is an important forum at which young people can give their views on many issues that affect them and society in general. Young people give an unjaundiced view. They will often say things we do not want to hear. Whether we like them or not, those are their views expressed in a clear and unambiguous manner and they should be heard and evaluated.

For the first time in our history we have an Office of the Minister for Children and a Minister of State with responsibility for the area, Deputy Brian Lenihan, at the Cabinet table. This means that the interests of children are taken into account in an unprecedented manner across all areas of Government. Key Government officials have been brought together in the Office of the Minister for Children to work in a co-ordinated and integrated way to deliver the best possible results for children. To this end the staff working in child care, child welfare and child protection from the National Children's Office are amalgamated to form the Office of the Minister for Children and deliver better outcomes for children. Furthermore, staff working in areas of youth justice and education for early years in the Department of Education and Science will be relocated to the Office of the Minister for Children to provide a joined-up Government approach to the development of policy and delivery of services for children and to put a halt to the fragmented approach that existed heretofore in the provision of children's services.

It is accepted that this job is by no means complete and there is no room for complacency. However, real progress has been made, as the Minister of State, Deputy Brian Lenihan, has highlighted both today and when he appeared before the United Nations committee last month. The national children's strategy was published in 2000, following extensive consultation with children, organisations and individuals, with the objective of providing care and support for children and young people. The strategy is widely respected and supported as a blueprint for improving the lives of all children, especially those who experience disadvantage or have particular needs.

On the Order of Business, a Senator made a request regarding mental health services for the young. Many areas of the country are served by a very good child and adolescent psychiatry service. However, that service needs to be expanded significantly. The midlands have the advantage of having a child and adolescent psychiatry service. The appointment of an Ombudsman for Children has been a significant acknowledgement that children and young people have the same rights as adults to efficient and reliable public services. Great strides have been made in education in recent years, the figures on which were highlighted by the Minister of State, Deputy Brian Lenihan, in his contribution.

There should be no hiding place for those who abuse children, especially in a sexual manner. Every member of society must be cast in the role of whistle-blower to identify such people and have them brought to justice. Justice needs to be seen to be done by the young people who have been the subject of their hideous and undesired attentions so that those young people can have belief in society and the justice system.

The Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, has issued an edict on fireworks. Fireworks are enjoyed by many people and although they are governed by regulation and legislation, some people, for their own selfish ends, will put those fireworks in the hands of very young children. In my town, Mullingar, serious injuries have been sustained, including one by the son of a member of staff of Westmeath County Council. I use this platform to remind parents and the powers that be, especially the Garda, in this regard. In recent nights fireworks have been set off in Mullingar, much to the discomfort of my dogs and, I am sure, older people who want to get their sleep.

Since 2002, an additional 4,000 teachers have been appointed, an issue highlighted by Senator Terry. Significant strides have been made in the area of education in terms of providing extra support to children with special needs, with an emphasis on those from disadvantaged areas or who need extra help in learning English. The large number of immigrants who are now in Ireland are welcome for the contributions they make to the economy. This morning, a construction contractor based in Mullingar told me that he would be out of business but for the availability of foreign labour. The children of these immigrants, some of whom have little or no English, will benefit from the additional teachers. Not only are these teachers making an immeasurable difference to the lives of children, they also provide back-up for their colleagues in the classroom because the additional teachers have resulted in smaller class sizes.

In 2006, spending on special education initiatives will exceed €640 million. We should acknowledge the improvements that have been made but we must also ensure they are sustained. Funding for school transport will increase by 30% from €116 million this year to €152 million in the coming year. This additional funding will enable every child to sit on individual seats and will pay for the installation of seat belts on all buses by the end of next year. We do not want a repeat of the events which took place in the midlands last year. This year, €636 million will be spent on addressing educational disadvantage.

The Children Act 2001 and the statutory framework it introduced to the youth justice system will also be beneficial. A twin-track approach will be adopted to child welfare and youth justice in order to help children with special care or protection needs, offending children and children with challenging behaviour. The guiding principles of the Act are prevention, diversion and juvenile justice.

While it was always the intention that the Act would be introduced on a phased basis given the scale and complexity of the issues involved and the significant new sections and amendments introduced by the Criminal Justice Act 2006, a considerable portion has already been brought into force by the Ministers for Justice, Equality and Law Reform and Health and Children. To date, a range of provisions have been implemented. The Garda has a pivotal role to play in areas such as the Garda diversion programme, the treatment of child suspects in Garda stations, children in court, child protection measures and some powers of the courts themselves. Work remains to be done on community sanctions and youth detention. With regard to criminal responsibility, new legislation due to come into effect on 16 November will effectively raise the age of criminal responsibility from seven to 12 years in all but the most serious cases.

When it comes to child protection, we must always err on the side of caution. Anyone who becomes aware of child abuse should become a whistleblower rather than leave that responsibility to fall upon carers or parents. During the past decade, the responsibilities of the State with regard to child welfare and protection have been clarified. The legislation and guidelines which have been developed and implemented have increased the responsibilities of caring institutions and individuals who work with children in various capacities.

The changes experienced by those engaged in working with children and families are having a significant impact on their roles. For example, the Child Care Act 1991 places an onus on the HSE to provide preventative and family support services to children in need. The Act makes it clear that each caring institution is required to promote the welfare of children who are not receiving adequate care or protection, including children who are at risk or are being neglected or ill-treated. I commend the Minister of State, Deputy Brian Lenihan, on embracing the need to establish cross-Border co-operation on this issue. We all know that people who want to harm children are not deterred by borders and may attempt to avoid detection by moving between jurisdictions. It is clear that close co-operation in this regard would benefit children throughout the island. The continuing progress made on streamlining the expanded service normally provided by the central Garda vetting unit will, in time, serve all those who work with children and vulnerable adults.

Children are Ireland's future leaders, workers, legislators and parents. As a parent, I am aware of the great responsibility involved in raising children. Parental responsibility is extremely important and should be exercised to its full extent. Parental control is equally important but, regrettably, in some cases it is the children who control their parents. I thank the Minister of State and Senators on all sides of the House for their contributions to this important debate.

Mary Henry (Independent)
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I welcome the Minister of State at the Department of Health and Children, Deputy Seán Power, to the House. I am glad to see that the UN Committee on the Rights of the Child recognised that progress has been made in Ireland. However, that progress has been far too slow in some areas.

With regard to health and health care services, while the committee welcomes the commitments undertaken by the State in a number of policy documents, it remains concerned about the lack of a comprehensive legal framework and the absence of statutory guidelines to safeguard the quality of and access to health care services, as stipulated in Article 24 of the convention, in particular for children in vulnerable situations.

In view of this country's current wealth, I find it difficult to understand why medical cards are not provided to all children. We could start with children under the age of 12 because, fortunately, teenagers are not frequent users of medical services. Proposals in this regard have been made by the medical profession on a number of occasions. The increased cost of seeing a doctor or buying medicine could be an important factor in decisions by families to delay seeking medical care for their children.

We have not yet addressed the possibility of preventing disability in children before they are born. Promises have been made with regard to fortifying flour with folic acid but I have been raising this issue since I was first elected to the Seanad 14 years ago. Ireland has the highest incidence of neurotube defects in the world, so, more than most, we need to take action on this issue. The United States, Canada and the United Kingdom now fortify their flour with folic acid, so it is no longer valid to make the excuse that Ireland's confectionary trade with the United Kingdom would be affected if our flour was fortified. Several hundred disabilities could be prevented each year through the addition of folic acid, therefore, I hope the Department of Health and Children will address this issue as rapidly as possible.

We still do not have neonatal hearing tests, which are relatively cheap to administer. That is serious because we know that the earlier hearing defects are recognised in a child, the better it is for his or her total development. That is another area in which we can begin to prevent disability. We have a national disability strategy from 2004 and the committee welcomed it. However, the more disabilities we can prevent, the better. It is bad enough for someone to acquire a disability during his or her life, but it is even worse if the disability need not occur at all. We really should try to do much more about this.

Senator Glynn mentioned road accidents and the fact school buses now have seat belts. The issue of children killed or injured in road accidents is discussed. I read a report recently but, unfortunately, I cannot remember the timeframe over which the figures were accumulated. However, 57 children who were killed in road accidents over the period had not been placed in any type of restraining device in the car. That is illegal and we must try to enforce the law. One cannot expect three year olds to ensure they are placed in seat belts. This is an offence for which not only a couple of penalty points should be given to whoever is driving the child but for which far more points should be given.

I believe the 57 children were killed over a three-year period. That is an horrific number of children being killed and left unrestrained in cars. The Minister of State and, I am sure, other Members know that children are left unrestrained in cars and that children who look younger than 12 years of age sit in the front seats of cars. There is this crazy notion that SUVs are safer for children but they are not because they are more likely to roll over. There is also the question of airbags which might provide safety for adults but which are more of a problem for children if they are hit by them.

Obesity was not mentioned in the report. I suggest we deal with it in tandem with the play policies being put forward because we can make an effort to ensure children have a healthier lifestyle. It is very important children have better access to safe play areas because years ago, we all used to run around a lot. Advertising directed at children is mentioned in the report. The advertising of unhealthy food is also an issue.

We need to examine vaccination levels. Unfortunately, levels are lower among lower socioeconomic populations than among people who live in better off areas. If special campaigns are necessary in such areas, so be it.

A serious situation arises in the area of the mental health of children and adolescents. On 1 November, Part 2 of the Mental Health Act 2001 comes into force. The situation regarding facilities for children and adolescents with mental health problems are no better than they were when I became a Member of this House. The committee reiterates its previous recommendation and recommends the State party make full use of the findings and implement recommendations of the expert group on mental health policy appointed by the Minister of State at the Health and Children in 2003. Three years later, we have moved from 16 beds for children and adolescents who need inpatient treatment to 20 beds.

At the end of the month it will be a legal requirement for those running whatever institution to which the child is admitted and its clinical director to have him or her placed in properly segregated facilities for children and adolescents with suitably trained staff. However, this will not be possible. It has been suggested that 120 beds are needed for the country and that in some parts, parts of adult facilities will have four or five beds for children which is really not what is needed.

The Minister of State may have seen a headline in one of today's newspapers where Dr. Margo Wrigley, mental health spokesperson for the Irish Hospital Consultants Association, pointed out that recently a seriously ill child spent over 24 hours on a trolley in an accident and emergency department in one of the Dublin hospitals. That simply will not do. I told the House previously about a child psychiatrist who telephoned me one night to tell me she could not get a 12 year old girl admitted to hospital and that she was afraid the child would seriously damage herself or some member of her family. It is not right that a psychiatrist must telephone a public representative late at night to try to find accommodation for such an ill child. I do not believe the situation has improved much.

It has been suggested that we need a specialist team and not only a psychiatrist per 100,000 of population. These teams need to be resourced when put in place. There is a terrible shortage of psychologists. One extra child psychiatrist has been appointed since 2003 which simply will not do. We also need services on a 24 hour basis. We witnessed that terrible tragedy in Wexford last year where a woman with a serious mental illness drowned herself and her children. She sought help, could not get it and this is what happened. We need to catch up as a matter of urgency.

There are children who are intellectually disabled and who are not in a suitable accommodation. They should be placed in proper accommodation in which there are specialised staff to care for them. This is a huge problem and we have approximately 20 days remaining to solve it properly. Otherwise, those running the institutions and their clinical directors, who will be medical people, will be brought before the courts and given a hefty fine or put in prison. However, what are they supposed to do if the facilities in which these children can be dealt with are not in place?

Bullying was also mentioned in the report. This is an area in which we seem to have let matters go off the boil. Professor Mona O'Moore of Trinity College Dublin has done a considerable amount of work on bullying in schools which was very much supported by the Department of Education and Science. Approximately four or five years ago, a pilot scheme was set up in County Donegal on bullying in schools which was a huge success. Everyone said there was a significant reduction in bullying in the schools. Why has that pilot not been extended throughout the country since it was a success and in view of another issue addressed in the report, namely, suicide?

The committee urged the State party to implement the new ten-year national strategy for action on suicide prevention and the recommendation from the second report of the strategic task force on alcohol. We bring forward reports and task force recommendations but we do not follow on. Bullying among children and adolescents is very important in the context of suicide. Some children and adolescents turn to alcohol and drugs because of bullying before they commit suicide.

I mention another issue which perhaps the Minister of State's Department might address. Dr. John Connolly, who has a great deal of expertise in the areas of bullying and suicide, is chair of the Institute of Suicidology. He said that the Internet sites which talk about depression and feeling like killing one's self are seriously unchallenged. I cannot tell the Minister of State how much he can do but there is a committee which observes the Internet in regard to problems that can arise in respect of children. Apparently these suicide sites do not urge people to look for help but tell them how they can commit suicide. We all know how clever children and adolescents are with the Internet and I would like to know if the Department has addressed this issue. I was most alarmed when I heard Dr. Connolly talk about it because I, not being an Internet aficionado, do not know about these sites. However, it is horrific to think they exist and that this type of information is being given out to children.

We have been told we are not addressing the issue of alcohol urgently enough as well as reproductive and sexual health information and that we should not rely on schools to bring forward the information all the time. The Crisis Pregnancy Agency has done terrific work. It appears we have quite a low rate of teenage pregnancies and no one should think it is because these girls are going to England for abortions or something like that. That is not so. That rate is also low and declining. This is an area where we are doing quite well. As the committee suggested, perhaps a more enthusiastic effort in that regard would put us in an even better situation. I did not realise until recently that 30 years ago Holland had the highest incidence of teenage pregnancy in Europe. It took them 30 years to get to the stage of having the lowest incidence. We are making progress and we should continue with it. We know teenage pregnancy has not just a serious effect on the child but also on the young mother.

Criminal law issues have come up in the course of the debate. I was most disappointed when the Children Act 2001 was modified by the Minister for Justice, Equality and Law Reform in the Criminal Justice Act 2006. The effect of that was to reduce to ten years the age of responsibility for serious crimes. I was particularly disappointed when the Minister asked during the debate on that Bill what would be the media response if a child of ten committed a murder. The media will say what it likes. We have to introduce the best possible legislation.

I do not believe the committee can have known that under that legislation, responsibility for places of detention for children has been moved from the Department of Education and Science to the Department of Justice, Equality and Law Reform. That is also a retrograde step. The committee expressed its concerns about anti-social behaviour orders and how carefully they need to be monitored. I agree with that.

I also agree with what has been said about St. Patrick's Institution but what is the point in saying anything about it. In the Whittaker report, Mr. Ken Whittaker said nearly 30 years ago that it should be closed. It has no educational facilities although children aged from 16 upwards are in the institution. Neither are there any training facilities. This is ridiculous. Detention should be a last resort with children. It should really be for only violent and serious crimes. We will have to get better at trying to deal with them in the outside world.

The longitudinal study is very welcome as these data are needed. Professor Sheila Greene was going to head it up. It will be an excellent study. While 18,000 children sounds a large number, it is not that many. I hope it will include the ethnic and minority groups to which the committee referred. We need to get an overall picture.

I accept the Ministers of State, Deputies Brian Lenihan and Seán Power, are both most enthusiastic about trying to bring forward these issues but we should not be overly enthusiastic about congratulating ourselves because we have a great deal more to do in many areas. I would like to see the area of mental health brought forward for debate as a matter of urgency before some of my colleagues will be put in jail by the end of November.

Geraldine Feeney (Fianna Fail)
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I wish to share time with Senator Daly.

I welcome the Minister of State, Deputy Seán Power, to the House. I am delighted to speak on this debate. As the Minister of State, Deputy Brian Lenihan, mentioned, the Convention on the Rights of the Child was adopted by the UN General Assembly in November 1998. Ireland signed up to the convention in September 1990 and ratified it in September 1992.

I am delighted the convention has a built-in mechanism designed to monitor the progress of states in fulfilling their obligations following ratification. In other words, we are not going to get away lightly. We cannot say we are doing something when we do not do it, as we are being tracked and monitored.

Under Article 44, Ireland and other states are required to submit a progress report. We are required not alone to report on legislative and judicial measures but also to report on administrative and other measures taken to implement the convention. As we know, Ireland submitted its second progress report in July 2005. That has been widely reported on and discussed. In compiling this report the Government and the National Children's Office consulted widely with the NGO sector, particularly those interested in the welfare of children. In addition, the NGO sector submitted a separate shadow report to the United Nations committee. The report illustrated how the lives of children have been improved since the examination of Ireland's first report to the committee and acknowledged areas where further progress was required.

Before I reached the office this morning I heard on the radio that with the increase in child benefit a large percentage of children had been taken out of the poverty net and are no longer on the poverty threshold. That is encouraging. Child poverty was an area of concern in the recommendations from the United Nations.

The UN committee held its hearing into the second report on 20 September in Geneva. As we all know, the Irish delegation was headed by the Minister for children, Deputy Brian Lenihan. The UN reported back on 29 September and I am glad its report is positive, which means our report was well received by them.

It is fair to say Ireland is in a very strong position internationally in regard to children's affairs in general and especially in the area of child safety. It is only 14 years since September 1992 when we ratified the UN convention yet a great deal of progress has taken place. We now have an Ombudsman for Children, the National Children's Office and a dedicated Minister for children. Other Senators have referred to Dáil na nÓg, the special Parliament for children. Two of my daughters participated in this when they were in secondary school. It gave them an insight into how local government and the national Parliament operates.

I am a member of the Joint Committee on Child Protection. The committee was set up following the CC case last May. We have met several different groups. Yesterday the Ombudsman for Children, Ms Emily Logan, appeared before the committee. It was interesting to hear her views, aspirations and concerns. Her aspirations and concerns almost exactly reflect the recommendations made by the UN committee, namely, the need to see the child as an individual rights holder and the constitutional change that is needed to enact this. It is possible that the constitutional change will come about more quickly as a result of the work of the Oireachtas Joint Committee on Child Protection.

Ireland is not without its problems or worries but compared to other countries we are much more advanced in regard to child safety and child protection than, for example, countries like Thailand. A couple of weeks ago The Sunday Tribune did a very good article on teenage sex trafficking and child prostitution. I was saddened to see that Ireland is among the highest subscribers to teenage sex. Irishmen were logging on the Internet and going to places like Thailand looking for sex with very young teenage children. I do not know if there is a mechanism in place whereby we can prosecute offenders in these cases but it is certainly an area we should examine.