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Dáil Éireann debate -
Wednesday, 19 Nov 2014

Vol. 858 No. 2

Priority Questions

Child Protection

Robert Troy

Question:

1. Deputy Robert Troy asked the Minister for Children and Youth Affairs his views on the lessons that need to be learned by State agencies following the death of a person (details supplied); and if he will make a statement on the matter. [44218/14]

I offer my deepest sympathy to the family and those who are bereaved by the horrific and tragic death of Hassan Khan, and I wish to ask the Minister his views on the lessons that must be learned by State agencies following the child's death.

I join with Deputy Troy in offering my sympathies to the family. I was as shocked as everyone else in the country to hear of the tragic and senseless death of such a young child - a child who had his whole life ahead of him. Sadly, it is a tragic fact of life that children die, and sometimes die at the hand of someone they know - a trusted adult, sometimes even a parent or guardian. We must do everything we can to understand and learn from tragedies such as this. It is incumbent upon us in the House to do everything in our power to make sure that every resource available to the State is used to prevent such tragedies in the future. It is only by learning from tragic events such as this one that we can help those people charged by the State to work with children to keep them safe.

When there is a fatality of a child in the care of the State or one who has been seen by social work services - or indeed, when something happens that could have resulted in a fatality - the case is referred to the national review panel, which was established in 2010 specifically for the purpose raised by the Deputy, namely, to identify lessons that need to be learned by State agencies following a child’s death. The panel is chaired by Dr. Helen Buckley of Trinity College Dublin, who is an expert on these matters. The review focuses primarily on services provided to the child and family and establishes whether they were effective and compliant with guidance and procedures.

The case is also the subject of an ongoing criminal investigation, and we do not yet know the full facts. Nor do we know the outcome of the work of the national review panel. It would not be proper or prudent to speculate until we know all the facts. Like everyone else, I am eager to hear the panel's conclusions, but it needs time to do its work and that must be unhindered by our desire for answers. I wish to reassure the House that the panel works independently of the Child and Family Agency, and any other State agency, and has neither fear nor favour in coming to its conclusions. The Deputy can rest assured that the panel will advise the agency in order that it can start working on recommendations as they become available, even before the report is published. The report is unlikely to be available to us before the outcome of the criminal investigation.

The Minister is correct that the case in question is extremely sensitive and we must be very careful in what we say. A young life, unlived, was lost in appalling circumstances. It is a requirement under section 3 of the Child Care Act that the Child and Family Agency must intervene when it suspects a child is at risk. By virtue of this child's having been subject to a Garda rescue alert on 10 August, he was identified as being at risk. Last week the Minister confirmed to a committee of the House that a social worker had been allocated to the case. The Child and Family Agency is a new organisation and it is important that things are done correctly. We are aware of the pressures under which social workers operate because of depleted numbers. Given his responsibility for the new agency, is the Minister satisfied that the agency has discharged its responsibilities? Is he also satisfied that adequate supports were put in place to support the family and that appropriate measures were taken after the family came to the attention of the agency following the Garda alert?

I preface my answer by making it clear that I wish to be very careful that neither I or anyone else says anything in the House that might cause further distress or hurt to the family of this young child. I pointed out in my response that a criminal investigation by the Garda is ongoing and the report that would help us in terms of answering the Deputy's questions is unlikely to be available until the investigation has concluded. It is important to note that the young child had an allocated social worker and that the new agency, which was founded only this year, is working very hard towards meeting all its obligations.

I agree with the Minister that we must be extremely sensitive in what we say, but the fact of the matter is that a young life was lost - a young life that was known to the agency charged by the State with responsibility for the protection of vulnerable children. We require answers for the family concerned in the case outlined, and for the wider public, who want to have faith and confidence in the new agency, to ensure the appropriate levels of intervention and support are provided to vulnerable children. Following his inquiries, is the Minister satisfied that the appropriate levels of support were available to the family in question?

The Minister referred to the independent review group, which I welcome, but essentially, that is an internal audit mechanism within the Child and Family Agency. Does the Minister know when the report will be completed and when we will be able to discuss its findings?

If there are adverse findings in respect of the workings of State agencies, will the Minister open this case to a full independent inquiry?

I reiterate that in 2010 the national review panel was established on a permanent basis to review serious incidents and the deaths of children in care in order to identify any area for improvement. The panel is chaired by Dr. Helen Buckley and independent in carrying out its functions. All cases involving death or a serious incident involving children in care, after care or known to the child protection services are reviewed by the panel in keeping with the guidance of the Health Information and Quality Authority. Therefore, reviews relate to a significantly broader range of children than those in care. It is also important to review the deaths of young adults previously in care and those of children known to the child protection services, even if they had not actually been in care, as all such deaths are tragic and can potentially lead to the improvement of services and the prevention of such tragic deaths in the future.

Child Poverty

Caoimhghín Ó Caoláin

Question:

2. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs his plans to address the fact that the level of child poverty rose here during the recession from 18% to 28.6% between 2008 and 2012, according to a UNICEF report, a net increase of more than 130,000 children; his further plans to ensure the well-being of children is one of the Government's priorities in the remainder of its lifespan; and if he will make a statement on the matter. [43992/14]

I am seeking to establish what has been done to address the fact that the level of child poverty in Ireland has increased significantly in recent years, as confirmed in the recently published UNICEF report.

Support for families who require income support to meet basic needs is provided through the social welfare system which is the responsibility of my colleague, the Minister for Social Protection. A range of income supports are available to parents, both those who are unemployed and those on low incomes. The Department of Social Protection also has lead responsibility for the national action plan for social inclusion, Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People 2014 - 2020, which was published and launched by the Government in 2014. The plan provides the overarching framework for the development and implementation of policy and services for children and young people. As provided for in the framework, the Department of Social Protection, the lead Department on the issue of child poverty, has lead responsibility for a specific commitment to a national child-specific social target to lift over 70,000 children out of consistent poverty by 2020, a reduction of at least two thirds on the 2011 level.

My Department is working on a number of initiatives which are relevant in addressing issues related to child poverty. For example, it is leading the implementation of the area-based childhood programme 2013-16 which is being co-funded by Atlantic Philanthropies and will have a total funding allocation of up to €29.7 million. The programme draws on best international practice to break the cycle of child poverty where it is most deeply entrenched and improve the outcomes for children, young people and existing services.

My Department is spending €260 million annually on child care support programmes which provide child care for 100,000 children. A number of these programmes are targeted at those on lowest incomes. The child care subvention programme provides subvention support for parents on low incomes and parents in receipt of certain social welfare payments whose children are enrolled in community child care facilities. Additionally, the three training and employment child care programmes - the child care education and training programme, the community employment child care programme and the after school child care programme - provide child care supports for eligible parents returning to work or education.

Additional information not given on the floor of the House

My Department also provides funding for targeted support for disadvantaged, marginalised and at-risk young people through three schemes. The three programmes are the special projects for youth scheme; the young people's facilities and services fund; and the local drugs task force projects. In addition, national and regional youth work organisations are supported under my Department's youth service grants scheme. In 2014 current funding of €49.78 million has been provided for my Department for these schemes. I am pleased to advise that budget 2015 has confirmed that funding of €49.78 million will again be provided for my Department in 2015 to support the provision of youth services. There will be no reduction in the overall allocation for youth services in 2015 which is a key priority for youth organisations.

Will the Minister accept that addressing child poverty is a cross-departmental responsibility? Will he also accept that children living in poverty are statistically more likely to become adults living in poverty and will rear their children in poverty, thus continuing the inter-generational cycle of disadvantage and marginalisation? If we do not address the issue comprehensively and across all Departments, many children will continue that cycle.

The Minister has indicated his intentions and the steps taken by his Department. He also cited the Department of Social Protection. How can we accept these intentions against the backdrop of severe cuts in family incomes and supports, including child benefit? How can we accept them when we see the failure to address the outrageous reality in primary schools where the pupil-teacher ratio is a scandal? How can we accept them when the most unwell children have been left without medical card cover and, as a consequence, without key supports? There is the example in his Department of so many children, to the point of thousands, being categorised as being at risk and yet who do not have designated social workers. It is not just about money in pockets, although that is hugely important, there are many other ways through which child poverty must be addressed. Will the Minister ensure there will be a cross-departmental approach in addressing this major issue for all of us?

The issue of inter-generational poverty is a source of serious concern for the Government and my Department, in particular. The Deputy is correct that it is not just about money. My Department also provides funding for supports targeted at disadvantaged, marginalised and at-risk young people through the three schemes to which I referred. There are other programmes such as the special projects for youth scheme, the young people's facilities and services fund and the local drugs task force projects. In addition, national and regional youth work organisations are supported under my Department's youth service grants scheme. In 2014 current funding of €49.78 million has been provided by my Department for these schemes. I am pleased to advise that budget 2015 has confirmed that this funding of €49.78 million will not be reduced and that the same sum will be available in 2015. The Deputy's point is well made. I express my gratitude to the fantastic volunteers who work with young people, the tens of thousands of youth volunteers who support youth work in the community. The money we spend is money well spent in that it provides significant gains for communities and society.

I ask the Minister to consider and engage with his Cabinet colleagues on the establishment of a cross-departmental task force to address the issue of child poverty. I do not believe this is something which should be baulked at or regarded as almost unnecessary. We have to look at the facts as designated in the UNICEF report. I refer to Ireland's statistical position across the 41 countries surveyed, which include both OECD and European Union member democracies. Ireland is listed at No. 37, with only Croatia, Latvia, Greece and Iceland recording worse levels of child poverty. This is particularly attributable to the period 2008 to 2012 cited in the report. During the same period 18 of the countries surveyed actually recorded a reduction in child poverty. They included Chile, Australia and Poland which recorded a reduction of 7.9%. We are not getting it right. I know that it is not only the Minister's responsibility and I am not targeting him in that respect. However, as Minister for Children and Youth Affairs, he should be the lead Minister and head of the lead Department. I ask for his view of the proposition that a cross-departmental task force be established. I have instanced the different issues that can impact on the reality of life for a child which can be the reality of life for him or her throughout his or her lifetime. Therefore, I urge the Minister to consider that proposition.

I thank the Deputy. I wish to highlight a number of things. The Department of Children and Youth Affairs is unique in the manner in which it interacts with all other Departments regarding child and youth issues. Officials from the Departments of Justice and Equality, Health, and Education and Skills are permanently seconded to us. I am sure the Deputy will acknowledge that education is a major factor in helping people get out of the cycle of poverty. People who stay in education have better outcomes in terms of employment and income.

The Government's support for children and families amounts to €2.3 billion in 2014. This investment has had the effect of reducing the rate of risk of poverty among children from 45% to 19%, a reduction of 59%. This is among the best performances in reducing child poverty in the EU. As well as additional expenditure, budget 2015 committed to investing an additional €96 million in children's services. The UNICEF report relates to 2008 to 2012. These things have happened and much progress has been made, but by no means enough. I fully concur with the Deputy on the need for great co-operation across our Departments, which we have. We regularly meet people from the Department of Social Protection to discuss this.

The best way to tackle child poverty is to get people back to work. Children do not exist on their own; they exist in families. If their families can improve their situation by having a job and a steady income coming into the family home, that is the way forward. We have created 70,000 jobs since 2012. I do not want to turn this into any sort of political broadcast, but it is our intention to continue to focus on the area of better outcomes for our children.

Child Care Reports

Clare Daly

Question:

3. Deputy Clare Daly asked the Minister for Children and Youth Affairs his views on the second interim report of the child care reporting project, particularly the statement that approximately one in four care orders involves families in which one or more parent is of ethnic minority background; his further views on whether this is an over-representation compared with families of dual Irish background; and if the Child and Family Agency will provide the reason ethnic minorities are so heavily over-represented in the family courts. [43988/14]

The Minister will be aware that some very interesting and important data have emerged from the second interim report into the child care law reporting project, which revealed that one out of every four child care cases that ends up in the courts involves a family in which at least one parent is a member of an ethnic minority, and that African families are 20 times more likely to have a care order placed against their children. Clearly, this information needs to be analysed further. What are the Minister's initial opinions on the reasons for this?

The child care law reporting project is an independent project established under section 3 of the Child Care (Amendment) Act 2007 in accordance with the regulations made under that Act, with the support of the One Foundation, Atlantic Philanthropies and the Department of Children and Youth Affairs.

The aims and objectives of the project are to provide information to the public on child care proceedings in the courts; to conduct research on these proceedings in order to promote debate and inform policy-makers, which is what we are doing here today; to make recommendations to address any shortcomings in the care system identified by the research; to assist in the implementation of these recommendations; and to promote confidence in the care system. The project will provide a measure of the effectiveness of current systems and policies in the area of child protection and that of court administration. Ultimately it will assist the Department in gaining a greater depth of knowledge and understanding of care cases and it will increase the evidence base on which future policy formulation is based.

The project pursues its aims and objectives by attending the courts where care cases are heard in order to report on those proceedings while protecting the anonymity of the children and their families. The project publishes reports of care cases for the public and all relevant stakeholders, collects and analyses data from the proceedings, publishes reports on the nature and outcomes of the care proceedings and seeks to promote a public debate on the issues raised through seminars and conferences.

Child care cases, heard mainly in the District Court, involve applications by the Child and Family Agency for orders to protect children, including supervision orders, emergency and interim care orders and full care orders. Under supervision orders, families receive help and supervision from the agency. Under care orders, a child is placed in care on either an interim or a more permanent basis. The cases are heard in camera in order to protect the privacy of the children and their families. There are rarely written judgments in the District Court.

The second interim report, published last month, reported that while the majority, 70.4%, of the respondents in care cases are Irish, this is substantially less than the proportion of Irish-born people in the population as a whole. Some 7% of the respondents are European, the vast majority of whom come from Eastern Europe. The next largest category is "mixed", meaning that at least one parent is not Irish. This category includes two or more non-Irish parents from different backgrounds as well as Irish and non-Irish parents. Almost 4% of the respondents are recorded as Irish Travellers.

There is quite a bit more in the reply and, as I know the Deputy is concerned about this issue, after she asks her supplementary question I will come back to it.

The Minister would clearly agree that data are very important to us in order to evaluate our policies and improve our services. We all agree that it is generally in the best interests of the child for him or her to remain with his or her parents if at all possible and for that family to receive the support it needs to get to that place. If a child is removed from his or her parents, it should be based on a reunification plan to get them back based on strict criteria for what the parents need to do in that regard.

It is emerging that a disproportionately large number of the children come from an ethnic background in which at least one parent is not Irish. That could be for a number of reasons. It could be related to the higher levels of poverty that exist in those groups, particularly among asylum seekers who are not permitted to work. There can also be cultural factors. In some African and eastern European countries, parents have a much stricter approach to discipline - this might echo the Ireland of a generation or two ago - whereby they might nearly be regarded as negligent parents if they do not bring up their children to respect authority in a way that we might deem to be unacceptably rough. Cultural training of social workers is critical. There needs to be support for families whose family network is not around them in Ireland. Other troublesome families have a family network to lean on if they are in trouble. People who have come to this country do not have that. We need to be sensitive and take on board some of those points.

I thank the Deputy for her contribution. She may have pre-empted what I was going to say. These are very serious issues.

The report's author notes that the cases in question represent a very heterogeneous group and the issues that bring them to the child care courts vary widely, so there is no single approach that could reduce the proportion of ethnic minority families at this juncture. For example, the category includes Irish Travellers, asylum seekers and other immigrants who may be highly educated and economically independent but, as the Deputy pointed out, have different cultural norms. Physical discipline emerged as an issue for children from some other immigrant communities. This raises issues of the need for early involvement of appropriately trained family support workers with immigrant families and community leaders, a point the Deputy also made very well.

The fact that such a high proportion of at-risk children come from ethnic minority communities highlights the need for cultural sensitivity, focused integration policies and cultural mediation services. The Child and Family Agency has advised that it brings cases to court solely on the basis of the evidence it has regarding the welfare and protection of children. The agency has introduced a training component on cultural competence for staff so that they may better understand the needs and diversity of the families concerned.

All of the variations in care applications and outcomes by regional, ethnic and family status that have been identified throughout the course of the project to date require further research to determine the reasons for the variations and to see how more targeted interventions can, where possible, ensure that the level of intervention is the most appropriate.

The Deputy's point on the social supports of the extended family is also well made.

These are relatively new problems for a new agency to deal with. The most important thing is to flag them in order to attend to them. I believe that poverty and social exclusion in those communities represent a large part of it. We have a problem with retention of social workers, with experienced social workers leaving the system because the only promotional path open to them is to take a managerial position, which takes them away from the front-line role they could play, in which they could be more effective. We need to look at retaining social workers' experience within the system, with training on cultural issues for the newer intake to be introduced.

While this information has been very good in terms of what has ended up in the courts, does the Minister have a mechanism for ascertaining how similar data could be gathered within communities before the matter ends up in court? Are there similar discrepancies and plans to address the issue of the gathering of such information?

Again, I thank the Deputy for her contribution because, obviously, the earlier one intervenes the better and if there is a mechanism for obtaining information early before people actually arrive at the court, clearly that would be preferable. It is important to state, however, that this reporting project is in its early stages. This is only the second interim report and it is not possible to reach firm conclusions based on the information available at this stage. The variations in the numbers of child care applications and outcomes, including by region, ethnicity and family status, that have been identified by the project to date require further research to determine the reasons for them and establish how more targeted interventions could, where possible, ensure the level of intervention was at the most appropriate.

I hear the Deputy's issue about people who are trained professionally moving into management positions and leaving gaps at the front. Equally, however, I am greatly concerned that social workers do the work for which they have been trained and not do work that others at a lower professional level could do. I refer, for example, to being caught up in book work and clerical work. There is an issue concerning information technology in this area, as many social workers are still reduced to using pen and paper and do not have access to modern information technology that would make their job a lot more efficient, feed information back to the Department much more quickly and allow it to analyse the information more thoroughly.

Child Care Services Provision

Robert Troy

Question:

4. Deputy Robert Troy asked the Minister for Children and Youth Affairs in view of the continuing pressures being voiced by the early childhood sector regarding threats to the financial sustainability of services, the plans in place to address the current sustainability crisis faced by the sector; if his Department has brought the issue of charging early childhood services commercial rates to the attention of the Valuation Office as an immediate threat to the sustainability of services; and if he will make a statement on the matter. [44219/14]

In view of the continuing pressures being articulated by the early childhood sector regarding threats to the financial sustainability of services, what plans does the Minister have in place to address this issue in the future? As for commercial rates being levied on the early childhood services sector, has the Minister had discussions with the relevant Minister on amending this practice in the future?

I am aware of and concerned by the sustainability issues for the early years services and have met many of the groups concerned. Annual funding in the region of €260 million is provided for the child care sector to support a number of child care programmes implemented by the Department. These programmes include the community child care subvention, CCS, programme, the early childhood care and education, ECCE, programme and a number of labour activation initiatives under the training and employment child care programmes. These programmes and, in particular, the early childhood care and education programme provide a guaranteed source of income for the participating services and given that many parents otherwise would not be able to avail of preschool care and education for their children, the funding has ensured many child care services, both commercial and community, have the resources to continue to operate.

I am aware of the rates issue and despite the budgetary position that prevailed in recent years, the Government has maintained the funding necessary to support the child care programmes and introduced new initiatives to meet changing circumstances, particularly with regard to the improved employment opportunities in the economy. As funding becomes available, I hope the capitation rates for all programmes can be increased to provide further support. This concerns the rate of pay. However, following concerns expressed by child care providers throughout the country, the issue of commercial rates on preschool services was raised with the previous Minister for the Environment, Community and Local Government and the concerns of child care providers about commercial rates were brought to the attention of officials in the Department of Public Expenditure and Reform. Officials from my Department recently met representatives of the Department of Public Expenditure and Reform in the context of the Valuation (Amendment) (No. 2) Bill 2012 that is going through the Houses of the Oireachtas and discussed the issue of commercial rates on preschool services. Moreover, I have spoken to the Minister and I am pleased to announce the Government recently has approved an amendment to the Bill to exempt not-for-profit child care providers from rates.

The simple fact is that the cost of child care is crippling young families. This week Members learned from the media what the Minister would not do, but they have yet to hear what he intends to do to address this phenomenon. At the same time, these exorbitant child care costs are being incurred and the future sustainability of the services is under threat. The Minister referred to a couple of schemes funded through his Department. Is he aware that there are more than 4,200 services operating in Ireland, of which only 30% operate on a community not-for-profit basis? Only 30% of these services can avail of the ECCE or the CCS scheme. The Minister referred to the ECCE scheme introduced by the previous Government, but it is for three hours a day, for 38 weeks in a year, which does not address the affordability of child care. The Minister must examine the various regulations and conditions set by the Department of Children and Youth Affairs that are making matters unbearable for service providers. Moreover, he must consider ensuring the capitation grants and funding provided by his Department are made available on time because that is not the case at present, which is adding further problems to the services.

For the information of the Deputy, approximately 4,200 child care services, including community child care services, are participating in the ECCE scheme, that is, the free preschool year programme.

That is what I said.

The total annual funding provided to support the programme is approximately €175 million. I believe the Deputy indicated that only a small number of them were involved.

No, I referred to the CCS scheme.

The capitation payments provided under the programme are made in advance and early in each school term. This funding is a major support for child care providers, particularly at a time when, because of economic circumstances and the position on employment, the demand for child care places is reduced.

The Deputy contended that earlier in the week he learned what I was not going to do. He may have learned from the reply to a parliamentary question what officials are highlighting and recommending, as opposed to decisions I, as Minister, have made on the policies required to address what all Members know is a serious expense in the cost of child care which is akin to a second mortgage for most families. The Government is acutely aware of this and developing a strategy for the early years that will help it to address this issue. It will not be a single strand simply involving talk of a second free preschool year. Everybody realises those in primary school and early secondary school are in serious trouble with child care issues which the Government will address.

I am aware that there are 4,200 service providers under the ECCE scheme. I was talking about the community child care subvention scheme. Is the Minister aware of the difference between the two schemes because only 30% of service providers can administer and operate the community child care subvention? I welcome his commitment that the early years strategy will deal with the affordability of child care. When will Members have sight of the strategy because it has been promised for more than two years? As for the sustainability of the child care sector, can consideration also be given to commissioning a sustainability audit for the early childhood sector as part of the early years strategy? I note that in most counties the community not-for-profit sector is exempt from commercial rates and that what is being introduced in the valuation legislation merely will ensure consistency nationwide. However, as the Minister is aware, the private service providers also provide a service for the State and as some might argue they are providing a service the State should be providing, they also should be given special consideration in the rates they pay.

If a provider can demonstrate it is operating on a not-for-profit basis, it will not be obliged to pay rates. However, if it is in the business of making a profit and money, it will pay rates, just like all other businesses. There are anomalies in other areas such as health board premises and private surgeries despite the fact that those operating from them are delivering the same service across the board.

There are issues for rateable valuations across the business sector. We are addressing the issue of those who provide not-for-profit services. That is appropriate and proper. Child care and child care costs are issues of great concern to the Government. From the child’s point of view, however, money spent in the first three years yields the best outcome for him or her. As Minister for Children and Youth Affairs, I am in charge of the Child and Family Agency which is answerable to the Department and I am very concerned about and aware that the well-being of the family has a significant influence on the well-being of the child. That is why I am so concerned about child care costs and I am discussing these issues with my Cabinet colleagues.

Adoption Legislation

Clare Daly

Question:

5. Deputy Clare Daly asked the Minister for Children and Youth Affairs in view of the delay in the publication of long-promised legislation on adoption and tracing, if he will consider supporting the Adoption (Identity and Information) Bill 2014; and if he will make a statement on the matter. [43989/14]

I am conscious that the Minister is the third to hold this brief. Since I was elected to the Dáil I have been raising the issue of adoption information and tracing legislation on behalf of the 50,000 adopted people in Ireland who do not have an automatic right to their birth certificates listing their original names and parents’ details, a right that others take for granted. This legislation has been promised every year and we are told it is on the way. It now looks very likely that it will not be delivered in the lifetime of the Government, unless the Minister decides to support the Adoption (Identity and Information) Bill 2014 recently brought forward by Senator Jillian van Turnhout. What is the Minister’s opinion on that Bill which can offer a way forward to ensuring the rights of these citizens?

It will not be the case that this issue will not be addressed during the lifetime of the Government, as it very definitely will be. The House will be aware that the Adoption (Identity and Information )Bill 2014, introduced by Senators Averil Power, Jillian van Turnhout and Fidelma Healy Eames, will be debated in the Seanad this evening. The Department has considered the draft Bill and noted that there is much to be commended in it and, in relation to the areas of concern that it addresses, it is very much in line with the tenor of the draft Bill being prepared in the Department. On this basis, I will not be opposing the Bill, but I understand some aspects of it may not have full regard to all of the constitutional issues which are engaged. The Bill is being fully reviewed as part of the ongoing work in the drafting of my own proposed Bill on adoption information and tracing.

I acknowledge that the current position in Ireland is that there is no legal basis for the provision of services in regard to information and tracing for those affected by adoption. I am taking a positive and proactive approach to introducing measures to address this situation. In this context, I have instigated the following policy and operational developments: development of an adoption (information and tracing) general scheme and heads of Bill which will provide for statutory access to adoption records and birth information. This work is well under way. There were two iterations of heads of Bill before I came into the Department. The heads will provide access to records for birth parents and adopted persons in so far as is possible in line with legal advice. I am proposing as progressive an approach as is possible within the significant legal and operational complexities which arise in giving effect to this objective. The proposed legislation will provide, among other things, for placing the national adoption contact preference register on a statutory basis; arranging for the management of adoption records; setting out the information to be provided and circumstances in which it can be provided both for retrospective and prospective adoptions; and providing for information and tracing support services.

My understanding is that the Government will be more short-lived than the Minister thinks. Time is running out for him. I am cognisant of the fact that we have heard similar promises before. I do not blame the Minister personally for this, but every year we are told that the heads of the Bill are near to fruition. I am concerned that departmental officials complement many aspects of the Seanad Bill. The Senators brought forward this legislation off their own bat without the resources of the Department, which leads one to ask why there was such a delay in the first place. I am concerned when the Minister talks about what is possible because the biggest impediment has been an over-conservative interpretation of the I O’T v. B ruling on the right to privacy which the Government and others have interpreted as closing the door on people’s right to information when the Supreme Court, in fact, stated the right should be balanced with people’s right to an identity. The Bill provides the balance to do this and would bring Ireland into compliance with the United Nations Convention on the Rights of the Child and the recognition in the European Court of Human Rights and the Constitution of a person’s identity. It would be more expedient to support the Bill considering that it has been drafted to get us to the next stage.

The Taoiseach has made it very clear that the Government will go to the end of its term, but the Deputy may have other ideas and is entitled to entertain them.

On this issue and given the timing, with no disrespect to the Deputy who is engaged in this area, I feel a certain deference to the three Senators to debate the issue in the Seanad rather than pre-empt the outcome here. Time does not allow us to go through the Bill and the issues therein that must be addressed, but I thank the Senators for the work they have done. It is my intention to have the general scheme and heads of the Bill finalised as soon as possible and submitted for consideration by the Government in advance of referral to the Oireachtas Joint Committee on Health and Children. This will be the subject of consultation with all relevant Departments in advance. I have met several groups in this regard. In parallel, I have requested officials to commence an examination of operational arrangements for the preservation of, and access to, adoption records both to secure existing service provision and to make ready for any proposed new legislation. I am conscious that the draft Bill seeks to legislate for some of the matters that I am proposing to address in the general scheme and heads of the adoption (information and tracing) Bill. I have given the matter careful consideration and look forward to a constructive debate on this important issue in the Seanad this evening.

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