Joe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Question 237: To ask the Minister for Health and Children if she will introduce and progress the National Vetting Bureau Bill, ensuring that the Bill provides adequately for the sharing of information between relevant agencies; and if she will make a statement on the matter. [23210/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Office of the Minister for Children and Youth Affairs, in conjunction with the Department of Justice, Equality and Law Reform, is drafting the Heads for the National Vetting Bureau Bill. It is expected that the Heads of Bill will be submitted to Government in the coming weeks. Formal consultations have taken place with the Health Service Executive, An Garda Síochána and colleagues in other Government Departments. My Department has also received a number of public representations on the issue of "soft" information.

This area has also been considered by the Joint Committee on the Constitutional Amendment for Children and the findings of the Committee are being considered in the preparation of the legislation.

Joe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Question 238: To ask the Minister for Health and Children if she will ensure that a referendum to strengthen children's rights in the Constitution is held in the lifetime of this Dáil; if she will speed up the legislation to place Children First on a statutory basis and widen its remit to include all organisations and individuals, including faith organisations, sports bodies and volunteer groups; if she will make statutory provision for the right of children's voices to be heard in judicial proceedings affecting them; if she will ensure that all children in care have an allocated social worker and care plan; if she will amend the Child Care Act 1991 via the Child Care (Amendment) Bill 2009 to place a statutory obligation on the State to provide aftercare for all children who need it and develop a comprehensive national aftercare policy; if she will publish the promised national review of current practice in section 5 of the Child Care Act 1991 to establish current practices and gaps in the system for children experiencing homelessness; and if she will make a statement on the matter. [23211/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Final Report of the Joint Committee on the Constitutional Amendment on Children deals with the rights of children under the Constitution, and the statute and case law concerning adoption, guardianship, care proceedings, custody and access to children.

The issues raised in the Final Report are being carefully considered by the Government. The Government decided that the matter should be referred to the Senior Official's Group set up previously to discuss this issue so that relevant Departments can consider its implications. The Attorney General's Office is also considering the legal and constitutional issues that arise. The Senior Officials Group will report on these matters shortly.

The Government is committed to drafting legislation by December 2010 to provide that State employees and staff employed in agencies in receipt of funding from the Exchequer, and who are working with children, will have a duty to comply with the Children First national guidelines. My Department is developing legislative proposals in this regard which I will bring to Government for approval. I am mindful of the issue raised by the Deputy regarding the application of Children First across all organisations and individuals.

The Child Care Act, 1991 provides that, in any proceedings under Parts IV and VI of the Act, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child. My Department is developing legislative proposals in this regard which I will bring to Government for approval.

A Guardian ad litem is a representative appointed by the court under the Child Care Act 1991 to represent the views of the child in court. In May 2009, I launched the Children Acts Advisory Board guidelines on the Role, Criteria for Appointment, Qualifications and Training of Guardians ad Litem. I am currently engaging with Ministerial colleagues with a view to agreeing a future policy on the management and funding of this service.

The Government's Implementation Plan arising from the report of the Commission to Inquire into Child abuse provided for the filling of social work posts currently vacant. In 2010 additional revenue in excess of €14m has been allocated to the HSE to implement actions in the Governments' Ryan Implementation Plan. Included in this funding is a provision for the recruitment of an additional 200 social workers in the current year.

I am currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Childcare Act 1991. I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options. In line with the Government commitment as reflected in the Ryan Implementation Plan funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.

The HSE have indicated that they will publish, as soon as possible, the national review of current practice in relation to Section 5 of the Child Care Act 1991 in the coming months. The Government's Implementation Plan arising from the report of the Commission to Inquire into Child Abuse included a commitment that the HSE would undertake such a review.