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Dáil Éireann díospóireacht -
Wednesday, 16 May 1979

Vol. 314 No. 5

Private Members' Business: - Child Care: Motion (Resumed).

The following motion was moved by Deputy Mrs. Desmond on Tuesday, 15 May 1979:
"That Dáil Éireann, aware that 1979 has been designated International Year of the Child and that in the Republic of Ireland four Ministers are currently responsible for the position of children in Irish Society, calls on:
1.The Minister for Health for:
1.1 an early final report from the Task Force on Child Care Services and the introduction of new children's legislation before the end of 1979.
1.2 the establishment of a Child Care Development Unit in the Department of Health, following the Government's decision to assign primary responsibility for child care services to the Minister for Health.
1.3 the establishment of a National Council for Child Care Services to report to the Minister for Health on the operation and development of all child care services.
1.4 the referral of the following issues to receive top priority in the new Child Care Development Unit,
(a) the planning of a national campaign for the recruitment and support of foster parents,
(b) a review of the staffing and financing of residential child care facilities.
1.5 provision to meet the grave need for central and regional planning in relation to the educational and day-care needs of pre-school children.
1.6 the expansion of opportunities for pre-service and in-service training and support for non-residential social workers and residential care staff working in the area of child care.
2.The Minister for Education for:
2.1 an immediate reduction in the size of infant classes in National Schools, as a matter of urgent priority.
2.2 the extension of the Schools' Psychological Services to cover all primary schools.
2.3 the expansion of the Free School Meals Scheme and the Free Books Scheme, and the rationalisation of eligibility procedures.
2.4 a major review of the Department's role in relation to troublesome children.
3.The Minister for Justice for:
3.1 the immediate closure of Loughan House as a children's prison.
3.2 considerable improvements in the pre-service and in-service training of gardai to facilitate them in dealing with children and young people.
3.3 the immediate abolition of the highly discriminatory concept of illegitimacy.
3.4 an extension of the scope of the proposed constitutional referendum on adoption to include a provision to ensure the primacy of a child's welfare in any dispute affecting his care or custody.
3.5 the funding of research on adoption and the introduction of statutory minimum standards of practice to apply to adoption agencies.
3.6 the introduction of a system of independent, though not necessarily legal, representation for children involved in judicial disputes affecting their care or custody.
3.7 easier and more frequent access for children to parents who are in prison.
4.The Minister for Social Welfare for:
4.1 The immediate introduction of realistic children's allowances to combat child poverty.
5.The Minister for the Environment for:
5.1 greatly increased investment in local authority housing and improved access for families with children to other forms of housing.
5.2 stricter and more extensive requirements by planning authorities for the provision of recreational facilities for children in new and existing housing estates and near their homes."
Debate resumed on the following amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:
"approves of the continuing action being taken by the Government to improve the quality of life for Irish children.".
—(Minister for Health.)

The memorandum contained in the motion is full of excellent items, none of which we could fail to agree with. I should like to draw attention to a particular group of children who are neglected, not by a deliberate act of omission on the part of an agency or Department but because they slip through a chink in the social care network. I am talking about the offspring of itinerant parents and children who sleep rough. The position in regard to these children is not satisfactory. I have tried to ascertain what can be done to improve the lot of these children, how many there are and so on. As I suspected, the extent of the problem is not clear. A reply to one of my questions to the Minister for Health on 1 May, which asked about the number of children taken into care last year, indicated that there were about 60 such children. The number of other children who may be sleeping rough at any given time does not come within the statutory jurisdiction of any agency.

There have been specific instances of children being left alone for extremely long periods. This can happen to itinerant children whose parents get into trouble with the law. In one case I understand that a number of children, one as young as six months, were discovered by accident after a week. It may be that these incidents are inevitable. A number of instances have been quoted to me. In one case it was alleged that a child had been either deliberately maimed by scalding or had been accidentally maimed and deliberately refused treatment by its parents. The maiming was seen as augmenting the child's begging value and the child was left on O'Connell Bridge. When social care people were about to prevent the unfortunate child from further suffering the child was taken away by its parents. I do not know whether that allegation is accurate but I am convinced from my own inquiries that the incident may have occurred.

A number of agencies are responsible in general terms for children in those circumstances. The tragedy may be that there is no one specifically charged with the job. In this context a tribute should be paid to the Garda, who on apprehending itinerants or others—I am not suggesting that all itinerants are unworthy parents—try to ensure that children are not left to fend for themselves. However, these children should not be the exclusive responsibility of the Garda. These circumstances can also arise when parents are taken to hospital. The health boards have a function in these matters but I am not satisfied that they are carrying out their function in accordance with the spirit intended. It is not adequate simply to remove parents without statutorily laying down some mechanism whereby the suffering of the children is gauged.

There is evidence that children have suffered unnecessarily because of a policy which does not necessitate safe person orders being obtained from the courts. These are orders which would allow responsible authorities to remove children to safety and they are not sought as a matter of form. On 20 April I asked the Minister for Justice how many of these orders had been made and the Minister replied that the information sought was not available. My conclusion is that there is a weakness in this area. It is not a matter for political jollification. I am sure that all parties would wish to close the loophole as soon as possible. If anyone is interested I can bring them this evening to a basement in Abbey Street in which 20 to 30 children sleep in the middle of garbage. These children, some of them very young, are wandering and have left home.

In a report to the Dublin City Council some time ago, the City Manager indicated:

From the discussions with the representatives of the Health Board it appears that there may be defects in the legislation—i.e. the Children's Act 1908—which might inhibit effective steps being taken in some instances to help these children.

He goes on to say:

However, it is felt that action to try and help these children cannot be deferred until a reception centre is provided.

The City Manager, who is an excellent person, is committed to that statement, which is positive affirmation that something needs to be done urgently. I have no doubt that the Minister will do what is possible in the circumstances.

A number of voluntary and full-time social workers have been concerned with this problem for a long time. Their efforts may bear fruit if we improve the situation. The children I speak of have lost the interest of their parents. A number of other suggestions would be helpful. An all-party committee on children's rights should be established under the aegis of a Minister of State specifically charged with the task of implementing a charter of children's rights. I should be pleased to see the initiation of a national child development study which would allow us to monitor the progress of children. The benefits to be gained from such an approach would be substantial.

I should like to quote from an article by Julia Henderson which was published in People in the context of a special report on the Year of the Child. She says:

What then are the prospects for children in the short-term and in the medium-term in the year 2000? With massive numbers of children living in countries where poverty, disease and illiteracy are still the lot of the majority of the population it is hardly realistic to expect that great improvements in meeting the basic needs of children will take place in the short run. More than half of these children will be undernourished. More than half will not find a place in school and will go for only a few years if they do. While their parents will continue to be swept up in great migrations, in natural disasters and in wars the benefits of development schemes will be slow to reach the subsistence farmer or the shanty-town dweller. Governments are likely to make many resounding policy statements but the fulfilment of these plans will constantly be curtailed because of an economic or political crisis, a flood, a plague of locusts or a civil war. The year 1977 was such a sombre year that the executive director of UNICEF reported to his board.

I have no doubt that if the Minister can, he will ensure that 1979 will not be such a sombre year. The prospects for children internationally in many cases give grounds for pessimism. If we can have some concrete monitoring of the proposals over the next year to achieve concrete realistic results a good job will be done. If it needs co-operation from the Members of the House that will be forthcoming.

I will deal with that part of the motion that is specifically related to the Department of Justice. For the purpose of the Year of the Child the word "child" is taken as including people up to 12 years of age. As far as persons up to 12 years are concerned, I have a direct interest in such matters as adoption, the age of criminal responsibility and the suggestion that children should have a separate representation as far as that relates to legal proceedings.

I will deal with adoption in a moment. The other topics I have mentioned will be dealt with in the report of the Task Force on Child Care to which the Minister for Health referred last night. They are complex matters that cannot be dealt with by a few strokes of a pen. It must be obvious from the length of time the experts on the Task Force have taken to produce their recommendations that the difficulties in doing so are far greater than some interested parties have been telling us. If the age of criminal responsibility was to be raised, the problem of what to do about young people who commit serious offences against the person and against property would remain. This brings me to Loughan House. Although referred to in the motion, it caters only for boys who are above the age of 12 and therefore outside of the definition of child for the purpose of the Year of the Child.

The project by which Loughan House was adapted to be a recognised special school for the type of boy who could not be detained in any of the existing schools has been the target of a fierce and largely dishonest attack. I feel about it now as I did when it was initiated. I make no apology whatever for the project. When this Government came to office we were acutely aware from our contacts and from Garda reports that a serious and growing problem of lawlessness by a small number of youths in the 12 to 16 years age bracket demanded urgent attention. The nettle was grasped. The Department of Education were instructed to provide, as soon as possible, a new school which would be sufficiently secure so that those sent there by the courts could not simply walk out again. The planning of that school is in hand and progress has been made on it.

As an interim measure, Loughan House was made secure by the enclosure of ten acres of buildings and land and simultaneously major renovations and improvements were carried out. I should like to avail of this opportunity to thank the Office of Public Works for the magnificent effort they made. The work was done at great speed and to the highest of standards. I should also pay the highest possible compliments to the staff who work in Loughan House and who are doing tremendous job there on behalf of the community. I thank them for their patience and forbearance in not reacting to the many criticisms made of them in the earlier stages of this programme. Subject to necessary restrictions regarding the type of boy accommodated in Loughan House a great deal is being done to make the boys' stay there as happy and fruitful as possible. The range of educational and other facilities provided there compare very favourably with those in other special schools. The boys are given every opportunity to derive benefit from the educational and many indoor and outdoor recreational facilities available. One or two of them are engaged in employment on a part-time basis in the district and one or two have been allowed home for family celebrations.

With regard to the call for considerable improvements in the training of gardai to help them in dealing with children and young people, provision has been made for a high standard of training of this type. Apart from formal instructions under the various children Acts, training sessions are devoted to instruction on social and youth work. Recruits are exhorted to become involved in the organisation of youth clubs and activities of this kind. They are also instructed on behaviour patterns which can arise as a consequence of mental illness and are given a basic understanding of delinquent behaviour and how attitudes of young children can be influenced by environmental conditions.

There is a special scheme called the juvenile liaison officer scheme in the force for dealing specifically with children. Under this scheme, selected members of the force maintain contact with and provide guidance to juveniles who may have got into trouble with the law or may be in danger of doing so. This scheme is being extended to give a service in all the larger centres of population. It is at present in operation in 21 centres and the number of juvenile liaison officers is 44. It is my intention to continue the development of this scheme.

As the House is aware, I recently introduced legislation to provide for a referendum to amend the Constitution to protect existing and future adoptions from being declared invalid on the grounds that they were not made by a court. While the Sixth Amendment of the Constitution, that is the Adoption Bill, was fully supported by both Houses, some people considered it did not go far enough and advocated further changes. In the debates in both Houses, I explained why I could not accept the suggestions put forward. The element of certainty and security which the current law affords to the vast majority of people concerned could be seriously threatened by some changes intended to benefit a small minority of cases which would have repercussions in other cases that would not be advocated by anybody. I am disappointed that the question of amending the Constitution to provide that in adoption proceedings the child's welfare must be paramount is being pursued. I thought I had succeeded in convincing the House of what a dangerous measure this might be and what wholly unacceptable consequences might flow from it. I believe that I had some success with my powers of persuasion during the course of the debates. Some who were very strong advocates of a provision that would require the courts and the Adoption Board to treat the welfare of the child as the first and paramount consideration have since retreated from that position. I see that the wording of the Labour Party motion is not quite the same as the one I had to criticise. I can only urge those who have not already done so and who were not in the House during the course of the debate on the Adoption Bill to read very carefully the speech I made in the House on 7 February last on the Second Stage of the Sixth Amendment of the Constitution (Adoption) Bill. I am in any case satisfied that the courts can be relied on to give due weight to the interests of the child in adoption and custody issues.

The abolition of the concept of illegitimacy was one of the issues with which I dealt and as I explained at that time in dealing with this proposal very important considerations have to be taken into account. Unless we abandon the institutions of marriage and of the family based on marriage the fact will remain that some are born within them and some are not. That fact which has greatest practical effect so far as the present law is concerned relates to inheritance rights. The law in this respect can be of course changed and the Law Commission will be considering it as part of their programme. To put legitimate and illegitimate children on a completely equal basis in regard to their inheritance rights could be very unfair in some cases. For instance a child of a casual encounter in a man's early life could turn up out of the blue and claim an equal interest in the man's estate which could have been built up in co-operation with his wife and their children.

There has been a serious misunderstanding in regard to the attitude of successive Ministers for Justice towards research in the field of adoption. The impression has been given, and wrongly, that Ministers were unwilling to pay out the money. The fact is that as far back as 1972 the initiative was taken by the then Minister, Mr. O'Malley, in suggesting to the Adoption Board that a suitable research project should be undertaken. In 1976 the board arranged that the ESRI form a preliminary outline of a research programme. Discussions have since taken place between the board and the Department of Justice and between the board and adoption societies and further proposals from the board are awaited. The pressure for regulations for adoption societies appears to stem from a reverence for the British system. Incidentally that approach ignores the difference in the scale of operation because all our adoption orders are made by a single board with its own welfare staff to check on each case. In Britain adoption orders are made by the courts who very often have an inadequate inspectorial system. The aim originally was to regulate them to ensure standards and one cannot prescribe standards by regulations and this is probably recognised now by all concerned. What can be done is to prescribe procedures. When the Adoption Bill of 1974 was being debated the then Minister Senator Cooney asked the board whether they wished to have statutory powers to prescribe procedures for societies and the board said that they were satisfied that not only were such powers unnecessary but that they could have harmful effects. Let me say that contrary to the impression that some people appear to have the societies never at any time argued against the idea of regulations.

The position in regard to the call for easier and more frequent access for children to parents who are in prison is that offenders have a statutory right to one visit per week. Because of security and management problems it is not practicable to increase the statutory number of allowable visits but where an offender requires additional visits because of personal or domestic problems prison governors generally allow special visits. In this, the year of the child, governors have been very conscious of the needs of offenders' children in considering applications for special visits. In practice, however, many offenders do not wish their children to know that they are in prison. Others prefer that their children should not visit them in a prison environment. Our temporary release system is geared very much towards helping offenders to renew or strengthen their relationships with their wives and children and families. Most offenders serving sentences in Shelton Abbey or in the training unit or in Shanganagh Castle are allowed home leave once each month and other offenders, particularly those serving long sentences are allowed occasional home leave as part of their resocialisation programme. These outings normally coincide with important family events such as births, first communions or confirmations. The temporary release system has been gradually developed over recent years and the number of such releases in 1979 is likely to show a significant increase over previous years as the position of offenders' children has been particularly in the minds of those dealing with these releases.

In the context of these motions I should mention the welfare service of my Department which is the primary means of contact that the Department of Justice has with children and with young persons. This service has been greatly expanded in recent times. The current authorised strength of the service is one principal welfare officer, 15 senior welfare officers and 115 welfare officers. The staff of the service is deployed in two main areas, the courts and the places of detention. However, it must be emphasised that although the staff work in different areas there is close contact between them. The supervision and help provided by the welfare service during the period of probation or detention often provides the support that is necessary to enable a young person to cope with the difficult years of transition from childhood to adolescence. Recently a new scheme which we call the intensive supervision scheme was introduced. This scheme is being applied initially to young people in custody in the 16 to 21 age group. The scheme involves intensive supervision by each welfare officer assigned to the scheme of a small group of five or six of those young offenders. The idea is that the offenders will be given enough counselling and support to enable them to cope with their problems in their own community.

The Minister for the Environment will not have any opportunity because of the time restrictions to participate personally in this debate so I would like to say a few words on his behalf. The Government are committed to a high level of progress on the local authority housing programme. It is recognised that many families in genuine housing need because of their financial or other circumstances look to local authority housing for accommodation. Accordingly since they took office in July 1977 the Government have provided substantial capital funds for the building of new local authority houses. In 1978 the public capital expenditure on local authority housing amounted to £81.24 million. Subsidies payable to the Exchequer in respect of the existing local authority houses amounted to £45 million in that year and the number of local authority dwellings completed in 1978 was 6,073. While this was a satisfactory level of completion the programme in that year was affected by a number of unavoidable factors—we had extremely bad weather conditions particularly during the summer months and the output was 260 less than the previous year's figure of 6,333. However, the level of activity on the overall local authority housing programme, as measured by the average number of monthly dwellings under construction throughout the year and average monthly employment maintained in 1978, is at a very high level. The average monthly number of dwellings in progress was 8,636 in 1978 compared with 8,702 in 1977 and 8,100 in 1976. The average monthly employment in 1978 was 6,500 with smaller figures for 1977 and 1976.

In order to maintain the progress of recent years on the programme and to sustain employment, the Government have provided £86 million for local authority housing in the 1979 Public Capital Programme. This provision will enable building activity and employment to continue at or about the same level as 1978. Furthermore, the Government will provide subsidies to the value of £54.35 million for local authority dwellings in 1979. At the general level, but particularly from the viewpoint of families with children seeking good quality housing, it is relevant to point out that the percentage of families of three persons or fewer on approved waiting lists has improved from 50 some years ago to 60 in 1976, to 64 in 1977 and to 65 in 1978. This trend underlines the inroads which have been made in recent years through tackling urgent housing needs.

The public programme provision of £86 million for local authority housing in 1979 includes £4 million for the low-rise house purchase mortgage scheme. This scheme is designed primarily to encourage persons in existing local authority houses and persons who would otherwise look to a local authority for housing, to provide their own accommodation. It is expected that about 500 applicants will benefit from the low-rise mortgage scheme in 1979 and this figure plus completions of the order of 6,000 houses in 1979 and casual vacancies in existing housing estates should enable the authorities to provide alternative housing accommodation to between 9,000 to 9,500 approved applicants this year.

Everyone would agree that so long as there are families who are dependent on the State and public authorities to provide them with satisfactory housing accommodation, it would be desirable that as much money as possible be provided for this laudable purpose. However, the total amount of capital resources to which the Government have access for all purposes is limited. The Government have indicated that priority in the use of the available resources must be directed to productive investment, the creation of employment and the development of the economic base which governs the rate of expansion possible in social expenditure.

Local authority housing must compete with other urgent essential services in its claims upon available funds. In allocating these funds the Government must look not only at demands for more local authority housing but also at the very high price which the community must pay for such housing. A typical local authority three-bedroomed house starting now in the Dublin area is likely to end up costing £18,000. Unfortunately paying out the capital cost is only the start of the cost to the community. Each such house now provided can cost the State up to £2,200 per annum in repayment of loan charges. It is too facile an approach to call for greatly increased investment in local authority housing and ignore the fact that if more of available resources is used for this purpose there will be that much less capital for other essential projects and proportionately less of current revenue available for such items as social welfare payments, subsidies to education and so on.

The Government's present approach to local authority housing is reasonable and generous. Between new local authority dwellings, low rise mortgages and vacancies in existing dwellings, it is estimated that between 9,000 and 9,500 families on waiting lists are being offered alternative accommodation annually at present. The percentage of families of four persons or more—mainly two parents and two children—on approved waiting lists has fallen substantially in recent years and local authorities are commonly rehousing smaller families at the present time.

As regards recreational facilities in local authority housing schemes, all plans for new schemes must include adequate and suitable provision for recreational and amenity areas, including specific provision of play spaces for children. Local authorities are encouraged to equip these play spaces for smaller children with suitable play equipment. The play areas for smaller children are sited whenever possible within sight of the parents at home. In the larger schemes areas are reserved for development as football pitches and so forth.

Deputy Horgan rose.

Is Deputy Horgan concluding the debate?

If the Chair would give me some guidance I would like to conclude the debate.

If another Deputy is not offering the Chair must call the Deputy if he has been asked on behalf of the mover of the motion to conclude the debate.

That is my intention. May I have some guidance about the length of time?

The Chair must put the question not later than 8.30.

The Deputy does not have to go on until 8.30 p.m.

Not at all. We would all like if he did not, but it is up to him.

It is a measure of the seriousness of this motion and of the CARE memorandum on which it is based that it has been responsible for some of the most serious and thoughtful contributions from the Government benches on a Private Members' motion that I have listened to for some time. I was not in the House last night for the speech of the Minister for Health, but I have read the unrevised text of it. While I will be making certain comments on it in the course of my speech, it is fair to say that it represents a very serious attempt to meet some of the very pertinent questions which have been posed in the motion.

The Year of the Child, which is what we are dealing with in this motion, is of fundamental importance. While paying some tribute to the Government's speeches on this motion during the debate, I am afraid that the Labour Party cannot accept the bland and unsatisfactory amendment in the name of the Government. If the Government had gone into more detail and specified some of the action which they have taken and for which they ask our approval, we might have looked at it again, but a bland catch all amendment like the one moved last night cannot, unfortunately, meet the needs of the situation. Indeed, even in some of the points in the speeches from the other side of the House we have had an admission, however genuinely regretfully expressed, that some of the things which had been planned for the Year of the Child are not now absolutely guaranteed.

I do not propose to comment on every single aspect of the motion because that could take weeks rather than minutes. I want to comment on some of the things which appear to me to be most pertinent and to comment on some of the observations which have been made by speakers on the other side of the House. It is a pity that the Minister for the Environment and the Minister for Education did not have an opportunity to intervene in this debate. If the Government would see their way to extending Private Members' Time I am sure we could come to some agreement on that kind of an arrangement as well.

The first part of the motion calls on the Minister for Health for an early, final report from the Task Force on Child Care Services. I was very sorry to hear the Minister for Health say that it is now to some degree uncertain that he will have the legislation based on the report before the end of the year. I accept that his commitment to it is genuine, but I cannot understand why there should be a particular problem in producing this legislation before the end of the year. We are not asking for it to be passed, we are not even asking for it to be debated; we are asking for it to be introduced in this House before the end of the year.

We will at least introduce it; I am sure of that.

I do not believe I am misrepresenting the Minister when I say I believe his commitment is only to its introduction. Obviously no Minister can give an absolute commitment in relation to the passage of legislation or even to its debate, because that depends on what happens on either side of the House.

It all depends on the time of the report.

We had an assurance from the Minister in his speech that the Task Force on Child Care is adequately staffed. I will take this opportunity of asking him to have another look at the staffing and see whether an extra staff member or two might make the necessary difference to produce the report before the end of the year.

Section 1.2 of the motion urges the establishment of a Child Care Development Unit in the Department of Health. The reason for this is also related to the impending report and the legislation which will be based on the report. Sections 1.2 and 1.3 in a sense go together because they call for structural change in the administration of services for child care which would have an on-going effect. The task force will report—we do not know what its report will be like—and the legislation will be drafted and introduced, but we do not know what the legislation will be like. The task force report will be published and the legislation will be passed, but unless there is a continuous and specific input into the whole area of child care by way of review, the danger is that the impetus which child care will have got from the Year of the Child will have been decimated.

The motion envisages basically two mechanisms. One is the Child Care Development Unit within the Department of Health and the second is the National Council for Child Care Services outside the Department. We do not see these two mechanisms as being in any sense hostile to each other We see them in a fundamental sense as being complementary to each other. The need for a development unit within the Department is fairly clear. There is—and this is not by any means a criticism of any of the hard-working public servants in that Department—a shortage of professional expertise in the area of child care. I believe there is only one specific child care adviser in the Department of Health at the moment and one child care adviser in the Department of Education. It is better to have one than none, but we want more than that. We want a development unit inside the Department of Health.

The Minister will remember that one of the most fundamental and successful developments in the field of education in recent years was the creation of a development unit inside the Department of Education and the creation of that unit was the sole recommendation of the OECD study on Investment in Education. Many of the better ideas for the development of our educational system sprang at that time from the development unit which was therein established.

We must have something permanent and substantial, something that will carry weight in the internal councils of the Department of Health. Outside the Department we need a watchdog. We need an organisation like the National Council for Child Care Services which will have various rights. I said I did not see it as being hostile to the Department. I would envisage such a council having among its membership public servants as well as people from the world of child care and public figures outside the Department, but it should be independent and be seen to be independent. It should act as a consultative body to the Minister for Health and should have the right to publish reports, presumably on an annual basis, in order to determine what lines of development action might take in the future.

At the moment, for example, there is very little informed criticism of what the health boards are doing in the area of child care. We have our suspicions here and there that feet are being dragged, but we do not really know. A body like the National Council for Child Care Services would have as a major priority the monitoring of activity in the child care area in the health boards, would be able to take almost a quasi-supervisory function off the Minister's shoulders and would be able to advise him on the effectiveness of individual health boards in administering child care services and on the effectiveness of different methods of child care that may be adopted by different health boards.

Better than that would be the action by such a national council in proposing a five-year plan for the development of child care services. The Minister for Health in his intervention suggested that he was somewhat suspicious of the call for a National Council for Child Care Services because it might be based on the idea that children were in some sense different and separate. He preferred to see child care in the overall context of community care and family care. With respect we must differ from him on this because the critical thing about children is that they have nobody to speak for them. They do not have votes. They do not have advocates in our society. We tend to talk a lot about them and use a lot of rhetoric about them. Everybody is in favour of child care but there is no public organisation as such, like the National Council for Child Care Services, which would put the welfare of children first and which would act as their advocate both in public and in a consultative forum with the Minister for Health. This is why we endorse the CARE proposal that such a national council should be established and should report to the Minister on the operation and development of all child care services.

Section 1.4 deals with two particular issues which it suggests should receive priority. The first is that of foster parents. As Deputy E. Desmond pointed out last night, there are about 2,500 children in public care at the moment, and a large proportion of them are in residential care. These are mostly legitimate children who, for one reason or another, have been taken into care. They cannot be legally adopted but they can be legally fostered. Last night the Minister for Health gave us whatever assurance he was able to give that health boards, whose responsibility the promotion of fostering is, were doing all that needed to be done in this area; but we would have needed more evidence than he gave us to be absolutely certain that this is the case.

The whole tradition of fosterage is something that has a very honourable and ancient background in Ireland, yet there are still 2,500 of these children in public care. Obviously, some children come into public care and others leave; we are not talking about the same 2,500 children all the time. If there was any really satisfactory attempt to get a positive system or network off the ground we should see the over-all number of such children reducing by at least 100 or 150 a year. Obviously, there will have to be always some children in public care, but we should be trying to reduce that number of children to the bare minimum.

Money and staff need to be allocated if necessary to the health boards in order to promote a greater public awareness of fostering. It is a very labour-intensive job, but there are few things on which money could be better spent than in helping to provide for the welfare of children who are at present in residential care. A distinction is sometimes made and sometimes accepted by the public between productive and non-productive employment in the public sector. It is often assumed that employees of the State who do not actually make things are in some sense non-productive. Here we are talking about productivity in terms of human happiness which cannot be measured in terms of GNP; it cannot be counted or bought. This is an area in which the spending of public money can in no way be regarded as non-productive.

The second part of section 1.4 of the motion refers to the review of the staffing and financing of residential child care facilities. A couple of points can be made on this which are so obvious that they have not been noticed. For example, it is a sad fact that there are very few male staff engaged in residential child care. When you think of the implications of that for the growth and maturity of the children in residential child care facilities, many of them at very impressionable ages, we really must wonder. We are well aware that in the society in which we are living there is a move away from the sharp differentiation of sex roles, certainly in relation to marriage, and indeed, in the rearing of children. I am not saying that the children in these homes are not getting the best care they can possibly get from the people recruited into and working in those homes. However, in so far as children normally have two parents, one of each sex, and in so far as this is part of the normal pattern which any child has a right to expect, the lack of adequate numbers of men in residential child care poses very serious potential problems for the personal development of these children.

I suspect that one of the reasons why so few men are employed in the residential child care area is that the staffing, the pay and the promotion prospects in these institutions are extremely poor. It is almost axiomatic at this time that men tend to gravitate towards jobs that are better paid and have better promotion prospects. If the pay and promotion prospects are not good, men will tend to look elsewhere and women will generally be left to take up the jobs available. I am not aware of any over-all standard of remuneration for staff in residential child care facilities. The owners and managers of these institutions have to make whatever money they have go as far as possible, and so they are greatly tempted, especially at a time when many of them, who, of course, are religious orders, are suffering from a decline in vocations, to employ relatively young and relatively inexperienced people because such people are comparatively cheap to employ. We must look at this seriously if we are to tackle the problem of providing an appropriate level of experience and a reasonable balance between the sexes involved in child care. We will not do that unless we look at the pay and promotion prospects.

One aspect of the pay and promotion problem is that the employees are paid by the institutions which are largely in private hands, many of them in church hands. Could the Government investigate the possibility of setting up a system such as exists for primary and secondary schools? I am not totally in favour of the recruitment methods in either of these kinds of institution, but the framework under which people are employed in them is that they are hired—and if necessary fired—and generally controlled by the private body who own the school but are paid directly by the Department of Education on a national salary scale with nationally agreed promotional prospects. Surely something of the same kind could be worked out for our residential child care facilities. If this could be done we would see a very substantial and perhaps even a very rapid improvement in the over-all quality of child care.

Of course it would cost money. Not all the best things in life are free but when we think in terms of our priorities we would be well advised to put our money into this kind of area. At the moment most of these residential child care facilities are financed on a capitation grant basis. The capitation grant is barely adequate; so much so that it is part of the financial logic of the situation that these institutions have to keep themselves full to the doors in order to be able to break even every year. It may well happen that one institution or another may have a proportion very much higher than average of very difficult or troublesome children who need a rather higher degree of care and more individual attention than can be provided in an institution which is absolutely full to the doors. Yet the financial logic of the situation compels them to take in children until they have every place filled, otherwise they cannot afford to keep their financial heads above water. We should be looking at the question of differential financing if necessary for areas of child care which are in special need rather than at the flat rate capitation basis. This raises an administrative hornets' nest, but the alternative of simply maintaining the capitation grants on a flat rate basis at a level which forces institutions to remain crammed to the doors is going to deprive some children of some of the dedicated help which they need. At the moment those institutions which are least imaginative in a sense get the best value out of the resources made available to them and out of the existing system.

In relation to section 1.5 I do not propose to go into much detail because Deputy Mrs. Desmond referred at some length to it last night. I can only make a plea for some sort of national monitoring system in the whole area of pre-school child care. At the moment we are part of a society in which more and more mothers, either by choice or by necessity, are taking up paid employment outside the home. The natural consequence is that there has been a sharp growth in the need for child care facilities, most of which are provided privately. There is absolutely no control over them. The Irish Pre-School Playgroups Association, a responsible body, time and time again have called for the introduction of national guidelines. I believe such guidelines are essential if we are not to run the risk of opening the door again to the baby farmers, threatening the possible future well-being, and the emotional and personal development of very small children by a haphazard approach while their mothers are out at work.

It is a relatively small thing to ask. There would be some administrative cost involved in the monitoring of such a system, but at this point we are not even asking for total State provision for such a service. We are asking for only the bare minimum by the State in its responsibility to all the children of the nation—that the State should at least go some length to ensure that whatever services are provided, whether by public or by private agencies, will match up to certain basic standards.

Paragraph 1.6 of the motion asks for:

the expansion of opportunities for preservice and in-service training and support for non-residential social workers and residential care staff working in the area of child care.

This is part of a general educational aspect of the problem on which I should like to spend a few minutes. At the moment there are a couple of courses for non-residential child care workers. The Minister for Health last night said he is to make money available for a three-day residential course for such workers. The main courses at the moment are held at Kilkenny, Cathal Brugha Street in Dublin and in the Regional Technical College in Sligo. I suspect that there are not enough courses and that there is a need for some kind of overview of what is happening in these institutions in the area of training for child care. This would be important in any case but it is particularly important now when the foundations of the child care system for the next two or three decades are being laid. It is now that the people who will not only be the child care officers in the future but who will manage and administer the child care system are being trained, and it is the quality, the depth and the relevance of their training now that will determine how flexible and adequate the child care system will be to respond to the needs of the children whom it will be serving.

We need some form of closer liaison between the Departments of Education and Health in relation both to the initial provisions of these courses, their monitoring and co-ordination. We also need the provision of more advanced courses. Child care is a science as well as an art, and it is extremely important that any advances in it should be, wherever possible, built into our educational programme for the future generation of child care workers. This means there is a need not just for the basic course but for advanced courses of specialisation and so on. I do not know if we have any advanced courses at the moment. The immediate priority is our basic primary courses but we must not lose sight of the need for advanced courses.

Paragraph 2 of the motion calls on the Minister for Education first of all to reduce the size of infant classes in national schools. Under successive Ministers for Education the average size of classes in national schools has been decreasing slowly. Less successful has been the attempt to limit the maximum number of children who may be in individual classes, and least successful of all has been the attempt to reduce overcrowding in infant classes.

There is something seriously wrong with a system in which overcrowding, where it appears, tends to happen where it does most psychological and educational damage. We accept that we cannot overnight reduce all primary school classes in the country to 25, or even to 30, as an absolute maximum average, even though the average now is just less than 30, including many of the small rural schools. Many classes are substantially bigger than the average.

The tragedy is that so many of the bigger classes are congregated at the bottom end of the school, in junior and senior infants and in first class. We must remember that a junior infant is four years of age. He is going into school for the first time, he is leaving home for the first time, which is perhaps even more important. Even in the best of circumstances such an experience is likely to have a potential for trauma. Yet the inexorable ghastly logic of the system we are operating at the moment is that such a child is far more likely to be in a large class in his first day in school than at any subsequent time in his school career.

Surely something could be done, even administratively, to ensure that the burden of large classes will be spread more evenly throughout individual schools and that a particular priority can be given to children in the infant classes. That will be their first experience in school and we all know that for many children unhappily school becomes something of a prison sentence. Therefore we much ask ourselves if this is so simply because their first experience of school has been so unsatisfactory. It is inevitable that a child's total experience of school will be coloured by his initial experience, and that is why it is so essential to reduce the size of infant classes in particular. The other main reason why this should be done is that damage done at this age is far more difficult to repair just as its corollary the good which is done at this age is easier and cheaper to achieve and more lasting in its effect.

Paragraph 2.2 of the motion calls for the extension of the Schools Psychological Services to cover all primary schools. It is sad that the psychological services seem to be located for all effective purposes in the post-primary area because the logic of human development is that it is easier, cheaper and ten times more effective to engage in preventive measures than in curative measures. It applies in medicine, in psychology and in almost every other area. Instead of spending tens of thousands of pounds on a psychological service for primary school children, we are spending hundreds of thousands of pounds, millions perhaps ultimately, trying to patch up the personal and social problems which are created by the absence of such a service at primary level. Instead of paying for psychologists in the primary schools, we are paying for hard-pressed guidance teachers at second level. We are paying for probation officers, garda and all sorts of other people, whose sad duty it is to try to contain the results of not having had enough preventive money spent earlier on in the system.

Section 2.3 of the motion talks about the expansion of the free school meals service and the free books scheme. The Minister for Health spoke about the free school meals service and said he had a report completed on this service and that it revealed that there were substantial anomalies in it—which, of course, we all know—but that the implications of providing an adequate school meals service in budgetary terms are very substantial. I do not think that will be news to anybody in this House, but we have to look at it seriously.

The Minister posed the question: if you have X amount of money to spend, is it the right thing to do to spend it on a school meals service, or to spend it on some other aspect of family or community care? Of course, that is a question which ultimately he has to answer himself. What I would urge the Minister to do—and what I think should be done more often in our society—is to publish and let us see this report; let us have the benefit of the expert advice he has had. Too many Ministers—and I am not criticising this Government in particular—believe they have to act like gods on Olympus whose decisions reach the public fully formed, and the public have to either accept or reject these decisions without knowing in any detail at all, or even in the broadest outlines, what kind of advice the Minister has had in relation to the decisions he has made.

It would be very positive and of considerable assistance to the development of a public debate on our priorities in educational spending if the Minister were to publish this report. It would not commit him to making a decision on it, but it would make available to a wider public the fruits of publicly funded and I have no doubt very relevant research.

In the area of school meals in particular it is true that this is one of the areas in which we are sometimes asking schools to make good deficiencies which exist in society at large. There is a certain temptation to make schools the scapegoat for all the ills of society, to try to pin the blame for society on schools, to try to pin the job of solving society's problems on the schools. The schools cannot do all of this, but they can help. It is absolutely inescapable that the benefits of education—and they could be debated in their own right—are only indifferently available to children who are undernourished.

We talk about school meals and school dinners at a time when, perhaps, we ought to be talking about school breakfasts. One of the hidden statistics of misery of our time is how many children come to school every morning without anything in their stomachs. Then we complain about rowdyism in the classroom, about vandalism, inattention and all the problems with which many of our very dedicated teachers have to cope. They cannot cope with children who are undernourished and who, because they are undernourished, are listless, uninvolved, or disaffected with the whole educational process.

We must have a school meals scheme which has been updated and has had some of its anomalies removed. It is absurd to think that because of the present operation of the school meals system not one child in the whole of the Tallaght area is entitled to a free school meal. We can make changes here. We should be thinking in terms of improvement. If the Minister cannot in conscience see his way to spending all the money the report which we have not seen might urge that he should spend on improving the system, he can at least make some improvement because the situation as it exists simply is not good enough.

The same is true of the free school books scheme. Of course, it is not a free school books scheme. The number of children in any school who get totally free school books at primary or post-primary level could be counted on the fingers of one hand, I believe. At best, they get a small grant covering one-quarter or one-third of the total cost of school books, and this for the neediest of children. At the very least the Department of Education should be considering the possibility of a buy and lease system for school books.

For the capitalised cost of three years at post-primary level of the annual allocation of money for the free school books scheme it might be possible for post-primary schools to buy all the books they need for their children and lease them out, and make sure they are returned at the end of the year. Of course there would be wastage. Books would be lost, or burned, or defaced, or whatever, but the annual topping up cost thereafter of keeping such a scheme going would be ten times less, I dare say 100 times less, than the present ineffective, impartial and discriminatory scheme.

The Minister for Justice spoke about Loughan House. He gave the impression of a victorious general retreating from the battlefield. He almost went so far as to imply that all the critics of Loughan House had now been silenced by the manifest success of this experiment. I beg to differ from him on this. It is undeniably true that there was a need for a secure place for child offenders, but providing a secure place for child offenders must be seen in the context of overall child care provision. When you look at what has happened, you have to scratch your head and ask yourself: where are the Government's priorities now?

There are approximately 80 staff in Loughan House. From the Minister's point of view, this is an advertisement for the excellence of the institution. It has the best inmate-staff ratio of any institution in the country. What better evidence can there be that he is caring for these 20 or so children? That is fair enough as far as it goes, but look at the little distance it goes. The essential political point is not to take pride in the fact that there are 80 staff for the 20 troublesome boys in Loughan House, but one of shame that there are only the same number of social workers in the entire Eastern Health Board area. There are probably only the same number of probation officers in the entire country. That is what I mean when I talk about our scale of priorities having been totally turned upside down.

We will be looking at the sums at the end of the year. If those sums show, as I suspect they will, that the annual cost of keeping a child at Loughan House may run into five figures, we will have to look at the situation and ask ourselves how crazy have our priorities come. The Minister spoke also of the in-service and pre-service training of gardaí. This comes under section 3.2 of the motion. What he said was unexceptional, but there was a real lack of any hard evidence that the kind of effort needed is being made to transform the work of the gardaí with young people into an effective and positive social instrument. At the very least there should be a youth section in each Garda division and not a section staffed by the youngest and least experienced members of the force. Child care is too important to be left to the young, especially to those members of the force who, with the best will in the world and the best intentions in the world, are comparatively young and comparatively inexperienced.

Liaison officers are not necessarily young officers.

I am aware, as the Minister said, that liaison officers are not necessarily young.

The word "juvenile" may convey that impression. "Juvenile" refers to the people they are looking after. It is not that they are young recruits to the Garda.

I was not under that impression. The Minister is right to point out that young gardaí are not necessarily involved.

Indeed, they should not be.

The Minister agrees with me that they should not be. In a certain sense we have to put our money where our mouth is. If I am right—and I hope we are talking about an experienced and mature officer—a juvenile liaison officer is entitled only to a bicycle allowance. If the job is important the remuneration, status and facilities afforded to the officer concerned for the performance of that job should also be appropriate. As I said in relation to education, a young person's first brush with the law, just as his first brush with the educational system, may determine a whole range of subsequent attitudes. I urge the Minister for Justice, through the Garda authorities, not just in terms of levels of staffing and of the maturity of the personnel involved but also in terms of remuneration and status to ensure that this will be one of the best-looked-after sections of the force.

Under paragraph 3 (3) there is reference to the immediate abolition of the discriminatory concept of illegitimacy. The Minister made much of the fact that this is a very complex area and indeed it is and he pointed out that it was being referred to the Law Reform Commission. I hope that they will look at this with some degree of urgency. I hope they will provide, at least in an appendix to their report, some indication of the way illegitimate children are treated in other countries. We sometimes talk about the problem of dealing with illegitimacy as if nobody else has ever faced this problem before. I suspect that they have in other countries and I also suspect that their response to it may have a lot to teach us in many cases.

The Minister honestly said that one of the main problems in relation to this was the question of inheritance and property rights. I accept that this poses a problem, particularly in a country like ours where strong property rights are enshrined in the Constitution. We believe that people's rights come before property rights. The irony and the sad thing about our society is that it has always proved easier to define property rights than to define personal rights. This section of the resolution asks for an attempt to give people's rights priority over property rights.

Deputy Desmond referred in detail to adoption and I will not go into the matter in any more detail than she did. However, I shall make one plea that I do not think she made in her speech. We must institute some system of review of the whole operation of the adoption societies. I do not want to cast stones at any adoption society but the fact that there have been so many serious legal cases in recent times involving adoption surely must raise the question of what kind of supervisory mechanism there is for adoption societies and whether it is adequate. Of course, the State has an over-all supervisory role but I suggest that things should go much further. The welfare of children demands as much.

For example, I suggest a three-year review of the operation of each adoption society—perhaps on a staggered basis so that the administrative costs will not be too great. This would review the activities and the success rate of placings by each adoption society in the preceding period. The review should be stringent, designed to protect the children involved. Some of the worst decisions can be made in the best of faith but it is not good enough to say they are made in good faith. We must put the welfare of the children first and if that means an adequate supervisory or monitoring system that should be introduced.

In relation to paragraph 3 (6), I would argue again that the adversary system such as, for example, under the various Acts dealing with the custody and control of children under which the welfare and future destination of children is decided is a very imperfect mechanism for deciding children's rights. It should be possible for independent, caring evidence to be given on behalf of the child, not necessarily of a highly professional nature but certainly by a probation officer or a child welfare worker of some kind. Children need advocates as well as their parents. With the best will in the world parents can get confused between their emotional needs and the objective needs of the child, especially in a situation where they are in conflict with one another.

I am glad to hear that the operation of the regulations in relation to visits by children to parents in prison have been somewhat relaxed but I am sorry a more formal decision has not yet been made on allowing visits by those admittedly few children whose parents may want to see them in prison. I would urge the Minister to keep this under continuing review so that no child who wants to see an imprisoned parent is unreasonably refused access despite the administrative problems that may arise.

On the question of children's allowances, I will make a brief financial point. When one adds up the child benefits of a man on unemployment assistance who has two children, one gets a figure of about £5.20 per child. This decreases to about £4.60 per child for a family beyond the level of six children. We are talking about £4.60 or £5.20 per week for about 150,000 children in our society. Whatever the Minister for Social Welfare has managed to get for these children is not remotely enough. There are 150,000 children existing on this level of subsistence and plainly it is not good enough.

We must urge the Minister for the Environment to provide more money for the essential social and recreational facilities because without these facilities a roof over one's head can turn into something almost as effective as a prison. In his intervention the Minister for Justice admitted that the number of local authority housing completions in 1978 was several hundred less than in 1977. He spoke of the changes that have taken place in other areas.

The Deputy should conclude and allow the Chair to put the question. He has had a very good innings.

The Labour Party do not believe that social development has to wait until after economic development has taken place. That is why we put down the motion and that is why we urge the House to support it.

Amendment put.
The Dáil divided: Tá, 65; Níl, 24.

  • Ahern, Bertie.
  • Ahern, Kit.
  • Allen, Lorcan.
  • Andrews, David.
  • Andrews, Niall.
  • Aylward, Liam.
  • Barrett, Sylvester.
  • Brady, Gerard.
  • Brady, Vincent.
  • Briscoe, Ben.
  • Browne, Seán.
  • Burke, Raphael P.
  • Callanan, John.
  • Calleary, Seán.
  • Cogan, Barry.
  • Colley, George.
  • Collins, Gerard.
  • Connolly, Gerard.
  • Cowen, Bernard.
  • Daly, Brendan.
  • de Valera, Sile.
  • de Valera, Vivion.
  • Fahey, Jackie.
  • Farrell, Joe.
  • Faulkner, Pádraig.
  • Filgate, Eddie.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom (Dublin South-Central).
  • Power, Paddy.
  • Reynolds, Albert.
  • Smith, Michael.
  • Walsh, Joe.
  • Fitzsimons, James N.
  • Fox, Christopher J.
  • Geoghegan-Quinn, Máire.
  • Haughey, Charles J.
  • Herbert, Michael.
  • Hussey, Thomas.
  • Keegan, Seán.
  • Kenneally, William.
  • Killeen, Tim.
  • Lalor, Patrick J.
  • Lawlor, Liam.
  • Lemass, Eileen.
  • Lenihan, Brian.
  • Leonard, Jimmy.
  • Leonard, Tom.
  • Leyden, Terry.
  • Loughnane, William.
  • Lynch, Jack.
  • McCreevy, Charlie,
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Morley, P.J.
  • Noonan, Michael.
  • O'Connor, Timothy C.
  • O'Hanlon, Rory.
  • O'Malley, Desmond.
  • Walsh, Seán.
  • Wilson, John P.
  • Woods, Michael J.
  • Wyse, Pearse.

Níl

  • Barry, Peter.
  • Barry, Richard.
  • Belton, Luke.
  • Boland, John.
  • Burke, Joan.
  • Cluskey, Frank.
  • Conlan, John F.
  • Corish, Brendan.
  • D'Arcy, Michael J.
  • Deasy, Martin A.
  • Enright, Thomas W.
  • Fitzpatrick, Tom (Cavan-Monaghan).
  • Gilhawley, Eugene.
  • Harte, Patrick D.
  • Horgan, John.
  • Kenny, Enda.
  • L'Estrange, Gerry.
  • McMahon, Larry.
  • O'Brien, Fergus.
  • O'Connell, John.
  • O'Toole, Paddy.
  • Quinn, Ruairi.
  • Treacy, Seán.
  • Tully, James.
Tellers: Tá, Deputies P. Lalor and Briscoe; Nil, Deputies McMahon and Horgan.
Amendment declared carried.
Motion as amended, put and agreed to.
Barr
Roinn