Dáil Éireann Debate, Thursday - 29 February 2024
89. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he remains satisfied that the rights of the child are fully recognised in accordance with the people's decision in a referendum; and if he will make a statement on the matter. [9588/24]
View answerI will forego the introduction and await the reply.
I thank the Deputy. In January of last year. I led a delegation to the a hearing of the UN Committee on the Rights of the Child in Geneva. The committee welcomed the progress Ireland has made to respect children’s rights, including the Children First Act 2015 and other legislative and policy measures. That Act operates side-by-side with the non-statutory obligations provided for in Children First: National Guidance for the Protection and Welfare of Children 2017.
Young Ireland: the National Policy Framework for Children and Young People 2023-2028 sets out a number of planned actions to ensure children’s rights are central to decision-making across Government. Work has started on implementing Young Ireland, which was published only recently. Furthermore, the Child Care Act 1991 is being revised and updated to better reflect changes in child welfare and protection services in Ireland in the 30 years since its original enactment and the constitutional recognition of children as individual rights holders. My aim is to ensure that the amendment Bill contains robust provisions that serve vulnerable children as well as providing Tusla with a strong statutory footing to carry out its obligations under the Act. Pre-legislative scrutiny, PLS, has been undertaken on the Bill, so we are drafting the final draft now. It remains a priority for me, and I want to see it published and progressed through the Houses this year.
The passing of the Child Care (Amendment) Act 2022 enables the establishment of a new guardian ad litem, GAL, national service as an executive office of the Department. These are the GALs, the guardians ad litem that help and represent children in legal processes with regard to their care.
Finally, the participation of children and young people is fundamental to a child-centred, rights-based approach to working with children and young people. I always cite the engagement I had with Comhairle na nÓg, and no doubt the Deputy knows that three years ago, the Kildare Comhairle na nÓg engaged me with an idea for a free travel card for young adults. I brought that idea to the Minister, Deputy Ryan, and he brought it to the Minister, Deputy McGrath at the time. In budget 2021, we introduced the young adult travel card, which took 50% off the cost of public transport for young adults between 17 and 23. In last year's budget, the age threshold was raised to 25. That was an initiative that came from young people, and it is a really tangible example of how we treat them in Ireland.
I thank the Minister for that comprehensive reply. However, notwithstanding best efforts, there are ongoing developments and family law cases where the children's rights are deemed not to be observed to the extent intended in the referendum to which the Minister referred, and further legislation. In those circumstances, is it intended to enhance the powers of Tusla to intervene regardless on the side of child, which is the important issue in this case, to ensure those rights are preserved in accordance with the best practice?
That is very much central to the child care (amendment) Bill 2023, which has undergone PLS. Deputy Funchion is present; her committee reviewed it. There is an extensive set of recommendations. One of the key elements is a recognition that for probably some of the children who are most vulnerable, the solution to their situation does not just rest with Tusla. It may rest with CAMHS also or with children's disability services.
One of the key things we are trying to do is to create a more integrated approach. In particular, we want to place a duty on other State agencies to co-operate with Tusla in their approach to this child. We have all seen siloed situations where State agencies can say something is not their problem. We cannot have this in the context of children. Tusla is the lead when it comes to a vulnerable child, but other State agencies also have a role in resolving that situation. We want to put a legislative obligation on them to do more.
