Before discussing the merits of the Bill, I take this opportunity, the first since her announcement last week, to applaud the Minister and her officials for embarking on what appears to be quite an exciting venture in regard to a public model of childcare. I reiterate the opportunity they have in respect of the very effective work the joint Oireachtas committee, of which I am a member, is doing. In the very short time we have had so far, we have shown we can work together constructively to offer a very informed critique. We would love to have an opportunity to delve into the details of what the scheme will look like. I understand the Minister will appear before the committee in early February. I hope it can be made a priority at that meeting to talk specifically about last week's announcement. Today, we are debating something of crucial importance that strikes to the very heart of what drove many of us here to be public representatives in the first place. Without the provision of services to fully implement any law, such a law is intrinsically powerless. While I truly applaud those involved in getting the Bill to this point, acknowledging particularly the previous joint Oireachtas committee and its work during pre-legislative scrutiny, I ask us all to be cognisant of the need to make legislative provisions for children's safety, welfare and protection that can be comprehensively implemented. The Minister will agree that being a child in this country should always be a time of exploration, fun, creativity and developing a sense of one's identity. However, it is inherently a time of great vulnerability for some. A child's physical and emotional sense of safety should be of paramount importance at all times. The decision to remove a child from home and place him or her in care should only ever occur if and when the agencies empowered by the State have truly exhausted every alternative. The shameful irony of today's debate is that, all too often, it is social policy, as determined by Government ideology, that plunges children, young people and their families into the poverty, homelessness and the very chaos and concern that gave rise to the 100,000 referrals to Tusla last year. I support the sentiments expressed by Deputies Kerrane, Wall and Ó Murchú regarding AGALI. We have all spoken at length about this with the Minister in the short duration of the Thirty-fourth Dáil. We cannot speak about children and care without mentioning the role of court-appointed guardians ad litem. I highlight once again the potential ramifications of bringing them under the management and supervision of Tusla. Guardians ad litem are proud of their independence and many will point to that very principle as being a crucial tenet of their role in supporting and advocating for children and young people. The proposed change that is due to take place this year raises many questions relating to the ongoing independence of guardians ad litem if they are under the management of Tusla. Having spoken to them, I emphasise just how concerned many of them are about the change. They have not been consulted or engaged with, which is all they are asking for at this point. They want an opportunity to meet and engage with the Minister and to offer their lived experience as to what these potential changes will look like. Section 5 of the Bill makes specific reference to accommodation for homeless children. Homelessness and, specifically, growing levels of child and youth homelessness are, again, the result of the State's acceptance of child homelessness as a norm in our society. The Bill could go much further to acknowledge the real problem that the vast majority of children and young people who experience homelessness do so alongside their parents. There is limited mention of this in the Bill. Section 6 outlines the establishment of the childcare implementation and inter-agency committee. I applaud the Minister for the inclusion of this very important legislative provision to ensure the rights and protections of children are considered in policy. However, it would benefit greatly from the co-establishment of regional forums to feed through their experiences locally. Is it proposed that nominating bodies will be compelled to share non-personal information? The proposed section 11D, to be inserted in the principal Act by section 11 of the Bill, contains the words "may share". We are getting into the minutiae here but the Minister can expect amendments in this regard from the Social Democrats on Committee Stage. Regarding section 11A(2), to be inserted in the principal Act, I welcome the intent to value children and young people's participation in decisions being made about and for them. This is a complex area but I really welcome the inclusion of this provision. The section could be strengthened by providing clarity regarding the references to "where the child is capable of forming his or her own views" and that "due weight shall be given to the views of the child, having regard to the child's age and maturity and the particular circumstances of the child". As currently drafted, this provision is arguably quite vague and could leave it open to some scrutiny. It will not be easy to provide clarity in this regard but the matter deserves further consideration. We have all spoken over the past year or so about the very concerning and tragic loss of life of many children in Ireland. I welcome the Minister's intention to put forward amendments to the Bill to place the national review panel on a statutory footing. While this move is long overdue, I commend her on her intention to act on it. The latest Child Law Project report, which was published in January, has noted the increasing concerns expressed by the Judiciary regarding failings in the care and health systems. The director of the Child Law Project, Dr. Carol Coulter, highlighted a shortage of social workers and referred to "cases where judges considered the plight of those in unsuitable placements and where placements had broken down,". We all know is there is an acute shortage of special care beds in this State. These are unregulated, non-registered settings that are at times staffed by private security or agency workers who lack social care or trauma-informed practice training, and they are relied upon by Tusla. When we think of care, special care and State-provided care, we can see that what I have outlined is not care. There is an opportunity with this Bill to regulate these settings. I implore the Minister and her colleagues to do so. Article 3 of the UN Convention on the Rights of the Child specifically states that all actions concerning children should have the best interests of the child as the primary consideration. Security companies providing care is never going to be in the best interests of any child. The report goes on to highlight a trend of children with additional needs entering the care system because of a lack of community support. Dr. Coulter said, "The fact that children are taken into care because their parents cannot cope underlines the need for a whole-of-government approach to dealing with disability". This type of contribution cannot be ignored. It is proposed to amend section 69 of the principal Act to give the Minister powers to issue guidelines to Tusla regarding its performance and functions. I look forward to all of us discussing the detail of this on Committee Stage. As the Minister can probably see by now, we all have quite an amount to say about the Bill and about child protection more generally. Every question or critique is intended as a constructive, respectful contribution with regard to a child’s right to safety and development. I again take the opportunity to congratulate the Minister and her colleagues on taking this Bill to Second Stage. I emphasise our support to the Minister and her officials in progressing legislation that will have a multigenerational impact. However, this is also why I remain somewhat concerned, not just about what is included but because without the required ability, competencies and resources to enact any legislation in full, such legislation is destined to fail the most vulnerable children in our society.

Sentiment score: 0.29