I have two Private Notice Questions, one from Deputy Brendan Howlin and the second from Deputy Yates. The questions are in order and I will now call on the Deputies in the order in which they presented their questions to me to put them.
Private Notice Questions. - Supreme Court Judgment on Child Care.
asked the Minister for Health, in view of the decision of the Supreme Court this morning, which found that health boards are not fit persons in respect of applications for custody of children, under the provisions of the Child Care Act, 1908 and the Health Act, 1970, the steps he proposes to take to safeguard children at risk.
asked the Minister for Health the action he proposes to take in light of the Supreme Court decision this morning that a health board cannot act as a fit person under the Children's Act, 1908, and the consequent invalidity of hundreds of court orders made taking children into care and placing them with a health board as a fit person.
I am urgently considering the implications of today's Supreme Court decision.
The issue that we raise is one of the gravest issues in the health care area in recent times. Unfortunately it has been signalled for some considerable time. There is legislation before the House which would remedy the situation but unfortunately it is not to be taken next week either. I would ask the Minister to deal in a more detailed way with the crisis that health boards now face and the crisis that children at risk will face and to give details to the House now so that the children, the child care workers and the health boards will be assured that vulnerable children will not be exposed to danger as a result of the decision this morning.
An 18 page Supreme Court judgment made today arrived in the past hour at my Department. It raises many complex issues which are presently being studied by my Department and the Government law officers. The Minister for Health and I will take immediate and appropriate action to deal with the situation that has arisen.
It is very disturbing that the Minister has no response to this decision. Will the Minister of State tell the House the number of children affected by the invalidity of these care orders that have already been issued and whether he proposes to issue guidelines by letter this evening to health boards to see if he can institute new care orders in the names of the foster parents or the residential centres so that these children can remain in care?
The Supreme Court made a decision this morning. It is not for me to comment on that decision. The 18 page judgment arrived only in the last hour. It is a very complex document. In the light of the Supreme Court decision the Minister for Health, I and the officials in my Department will take the appropriate action and will be in communication with the health boards shortly.
I will allow a final brief question to Deputies Howlin and Yates and then we will proceed to other business.
This decision has been signalled for some time. Surely the Department have made contingency plans. I again ask the Minister to state the position of children who are currently in care. Must they be returned now to vulnerable situations? In relation to children who will be found to be at risk tomorrow, what agency will be authorised to defend them in their vulnerability?
I am not prepared to speculate on what might happen tomorrow. I am satisfied that my Department and the health boards have the necessary expertise to deal with this matter. In consultation with the Government law officers we will take appropriate action as quickly as possible.
Is the Minister of State aware that this case was heard substantially in July and that this element of the judgment was a reserve judgment which was highly predictable? Is the Minister now aware that the 1970 Act is defective in relation to health boards acting as a fit person and that any lay person would know that that is the effect of this judgment and that that makes invalid the court orders keeping perhaps hundreds of children in care? Will the Minister take immediate action and report to this House next week on what steps will be taken to ensure that these children are protected?
I am aware that the Supreme Court made a preliminary decision in July and that this morning they gave their reserve judgment. This is a very detailed and complex judgment. I only saw sight of the document in the last hour after it arrived in my Department. We will respond to that as quickly as we can. We brought forward a Child Care Bill in the second week of this Dáil session. I did my utmost to make progress on that and I look forward to the co-operation of the entire House to ensure that this Bill can be enacted as quickly as possible.
It is not even listed for next week.
I did not interrupt the Deputy.
Will the Minister make a statement next week?
We will deal with this matter in a calm, reasonable and responsible way and will act in the appropriate manner as quickly as possible. I look forward to the co-operation of the entire House to ensure that the law is updated where necessary as quickly as possible.