Dáil Éireann Debate, Wednesday - 19 May 2010
101 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her Department obliges the Health Service Executive to transfer responsibility for separated children from the HSE to her Department when the child turns 18 years. [21021/10]
Amharc ar fhreagra127 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the specific legal obligations that the Health Service Executive has for transferring separated children who turn 18 years to the Department of Justice, Equality and Law Reform’s Reception and Integration Agency direct provision centres. [21019/10]
Amharc ar fhreagra128 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if immigration and asylum legislation takes precedence over the Child Care Act 1991 in matters concerning separated children, particularly with regards to the provision of an aftercare service to separated children who have turned 18 years. [21020/10]
Amharc ar fhreagraI propose to take Questions Nos. 101, 127 and 128 together.
The HSE seeks to implement an equity of care policy in relation to all service provision to ensure that all children and young people receive the same level of care as that afforded to children who are citizens of this country. Appropriate care services at local and national level are being developed, working in partnership with NGO's, private agencies and HSE staff.
The immediate and the ongoing needs of separated children seeking asylum relating to accommodation, medical and social needs as well as their application for refugee status are the responsibility of the Health Service Executive (HSE) in accordance with Section 8(5)(a) of the Refugee Act 1996 (as amended) and the Child Care Act, 1991. When an unaccompanied asylum seeker minor in the care of the HSE reaches 18 years of age he or she may be referred by the HSE to the Reception and Integration Agency (RIA) for transfer to adult accommodation and service provision. In circumstances where the HSE deem such a person to be particularly vulnerable, the period in HSE care can be extended beyond 18 years of age at the HSE's discretion. Furthermore where a young person is in the process of completing an educational course the HSE would liaise with RIA to ensure that educational needs are met. A considerable degree of liaison between the HSE and the RIA takes place before that person reaches 18 and is due to be transferred from the former to the latter.
I am currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Child Care Act 1991. I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise that power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options.
In line with the Government commitment as reflected in the Ryan Implementation Plan, funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.
