The Celtic tiger and the boom have been squandered as far as children in need of residential and specialist care are concerned, and nowhere is this more poignantly illustrated than in the case of Kim O'Donovan. Will the Minister outline the Government response to the Kim O'Donovan report by Justice Peter Kelly and the action the Government is taking as a result of that report?
On this occasion I reiterate my sympathy to Kim's family and friends. Everyone will agree that the death of Kim O'Donovan was a tragic and needless loss of a young life. It was also a shameful indictment of the State's handling of the child care services. Children in State care in Ireland are not guaranteed the basic rights which are their due under the Constitution. This became evident as the facts of the Kim O'Donovan case were exposed.
Kim O'Donovan needed special care which ought to have been guaranteed by the State. She needed professionally trained staff, continuity of care, special support from the psychological services and suitable secure housing. It is clear the State failed in every respect. Her right to communicate with a High Court Judge was also denied. This failure may be attributed to the administration of Newtown House but the blame must rest with the health board and, ultimately, the State, which failed to equip this establishment with the necessary resources to cope with the needs of young women like Kim.
Mr. Justice Peter Kelly in the High Court set out a number of undertakings which must be complied with by three health boards in the eastern region. He acknowledged the health board had seriously failed Kim by failing to tell the Garda of a letter written by her 13 days prior to her death stating that she was staying in bed and breakfast accommodation. He noted that this was a serious violation of her rights, stating that "any incarcerated person must have access to the High Court by correspondence without hindrance". Highlighting the root problem, he added that this violation of fundamental rights was not deliberate but arose "through a mixture of ignorance and poor training".
Clearly, the problem is with the funding and running of many of these institutions. Justice Kelly set out two imperative undertakings. The first is that detention orders must not be varied without prior court leave, that is, children who have been living in a secure environment must not be allowed to leave one day at will without the judgment of a court, which will take into account the circumstances of the child and the progress which has been made by him or her and will rely heavily, I assume, on reports and expert advice from those who know the child best in the institutional setting.
Second, Justice Kelly instructed that no impediments should be placed on any communications from children to the court. The health boards have agreed to fulfil the undertakings which relate to children in these circumstances. Justice Kelly's requirements are to be welcomed.
What is the Government response to this report? It must be addressed at Government level. It is utterly inadequate that the critical issue of provision and administration of secure children's facilities should be left to the courts. Clearly, it cannot be the case. The Judiciary cannot take proactive action in this area in terms of legislation. The courts are limited to dealing with these crucial issues as they arise. There still is a lack of planning and of legislation in this area. What action does the Minister intend to take so we do not see such a tragic situation arising again?
The independent children's body, Barnardos, has called for a children's rights officer in every health board. This is an interesting idea and should be considered. It is astounding that this has not been developed, with a full comprehensive plan for a radical overhaul of the child care residential system. We need a new strategy in this area to be implemented over a number of years which will seriously improve the current archaic system.
A report was published recently by one of our voluntary organisations on the experience of young children who leave care. It is an indictment of our system. They are more vulnerable to drug addiction, homelessness, prostitution and other problems. We must get a handle on our system of residential care. Facilities, training and expertise are badly needed.
Will the Minister launch a serious long-term plan to deal with the problems in the child care system? Does he plan to publish the report of the inquiry which the Minister of State, Deputy Hanafin, said some months ago she would initiate into the Kim O'Donovan case? Will the results of that inquiry be published and when will they be published? Will the Minister take action to reduce staff turnover, which was a huge problem in this high support unit, to maintain continuity of care? If there was continuity of care in these establishments, it would reduce the possibility of cases like that of Kim O'Donovan recurring. There are a number of other inquiries into allegations of physical abuse. At what stage are these investigations?
