2026-01-29

I remind Members that the Minister, Deputy Foley, in her opening remarks, set out the objectives and principles underpinning this Bill. Its core function is to revise and update the Child Care Act 1991. This Bill is aimed at reflecting changes in child welfare and protection services in Ireland over the past 30 years. It will capture current legislative, policy and practice developments. Most importantly, it will provide for greater co-operation and co-ordination across State agencies and Departments, promoting a more agile response across the State in keeping children safe from harm. It is great to hear, in today's contributions and the contributions on Tuesday, that there is widespread support for the proposals to enhance inter-agency cooperation and collaboration, and that is something that the Minister, Deputy Foley, is determined to bring through to enactment. As the Minister, Deputy Foley, mentioned in her opening remarks, she intends to place the national review panel on a statutory footing. These provisions will be introduced as Government amendments to the Bill as soon as possible. The national review panel is respected for the independence of its work. Placing the panel on a statutory basis will further strengthen its independence and enhance its powers and status. That is true in response to many of the cases that were raised here today, including those raised by Deputy Mark Ward. The Minister, Deputy Foley, and I are delighted to hear Deputies welcome the Bill in principle. In particular, I appreciate the welcome given to the innovations regarding the duty to co-operate and the proposed implementation and inter-agency committee. Deputy Butterly spoke passionately about how outcomes can and indeed are being improved when Departments, bodies and communities work together. As Deputy O'Gorman said, the appointment of the chair of this committee will be really important. It was great to hear both Deputy Tóibín and Deputy Gogarty talk about those silos and how they need to be broken down because that is exactly what this aims to achieve. I thank the Deputies for their positive contributions to the debate, which show their concern and interest in the health, well-being and protection of children. We have a shared objective here. We all want the best for all children and young people, as do all of the professionals who work in this area, as Deputies Donnelly and Mitchell said, and, indeed, the foster parents who provide such amazing support. The Minister, Deputy Foley, and I have listened carefully to every speaker in this debate and we will reflect on all that has been presented here. We have officials with us throughout these debates who have worked really hard on this and will continue to do so. I recognise the role the former Minister, Deputy O'Gorman, played in drafting this Bill, in particular section 10, which, as he said, will strengthen the child protection architecture. The Minister, Deputy Foley, is aware of the concerns raised in the House regarding the establishment of the guardian ad litem national service. That was raised here, even in the past hour, by Deputies Donnelly, Currie and Mitchell. The Minister has repeatedly said that she remains open to the possibility of a meeting with guardian ad litem stakeholders at an appropriate time in the future. To reassure the Deputies who raised this here today, that meeting is being arranged at present. The legislation that underpins the launch of the national service was enacted in 2022 and is now being operationalised by the guardian ad litem executive office, under the auspices of the Department of Children, Disability and Equality. The Child Care (Amendment) Act 2022 preserves children’s rights, strengthens their voice in proceedings and provides for legal advice and representation for guardians ad litem in certain circumstances to support them in carrying out their role effectively. The Act provides for the Minister to arrange legal advice for guardians ad litem in all circumstances and representation in certain circumstances to support them in carrying out their role effectively, including setting out factors the Minister must take into consideration in making such arrangements in the child’s best interests. This present Bill inserts an additional factor for the Minister to consider, namely, whether the legal representation has been appointed for the child. The independence of guardians ad litem in the performance of their functions is a legislative requirement and a core value of the role. The Child Care (Amendment) Act 2022 clearly states that guardians ad litem must act independently in their professional judgment and function. When this Act is fully commenced, it will be the first time that guardians ad litem are regulated and supported on a national basis to deliver a high-quality, child-centred service. The new service will deliver national standards, consistent practice and timely access to GALs wherever a court directs one. The executive office has had regular engagement with all stakeholders, including the Association of Guardians ad Litem Ireland, and will continue to engage meaningfully as we prepare for the commencement of the guardians ad litem national service. In the drafting of this Bill, time was given to consider the issues raised at pre-legislative scrutiny by the previous Oireachtas Joint Committee on Children, Equality, Disability, Integration and Youth. Where matters raised can be addressed by legislation, we have tried to do so. It is important to indicate that some of what has been highlighted by Deputies today, which I accept was in good faith, is outside the remit of this Bill. I would like to highlight the ongoing policy work in the Department in relation to kinship care, special care, alternative care and aftercare. I note the cross-departmental work that is giving effect in Ireland to the EU migration and asylum pact, in particular, the immigration Bill. Deputy Tóibín raised a particular issue on this. I can assure him that in practice, the majority of unaccompanied minors are brought into care under the same legal provisions as any other child, with the same care and support. As several Deputies noted, legislation is only a starting point. Operational matters and the provision and allocation of resources across the child welfare and protection system are important matters. To produce the intended outcomes, this needs to be planned, resourced and implemented, but also complemented by services in the community, such as the Red Door and the Redeemer centre in Dundalk, which Deputy Paula Butterly referenced. The principles in this Bill will guide decision-making by Tusla. The Bill also provides that key bodies exercising their functions regarding children in need of care and protection, including all Government Departments, shall consider the best interests of the child as a primary consideration. As Deputy Albert Dolan put it, that needs to be the grounding factor in every decision. As Deputy Fitzmaurice acknowledged, the economy is in a very positive space. Ireland has made huge inroads when it comes to gender equality in the workplace, and early learning and care and school-age childcare have helped to enable and sustain that. I note the contributions of Deputies, including Deputies Emer Currie, Michael Collins, Barry Heneghan and others with regard to the early learning and care and school-age childcare sector. The Government is committed to supporting the sector and providing high-quality and accessible early learning and childcare services. In December, the Minister, Deputy Foley, and I published two significant action plans. The first, Shaping the Future, is a detailed action plan to build an affordable, high-quality, accessible early learning and care and school-age childcare system. The second, Simplify to Support, the action plan for simplification, sets out how we will reduce administration and simplify regulation in the sector. These are both programme for Government commitments that we are delivering on. The Minister, Deputy Foley, also last week announced a landmark commitment of funding for State-led services providing high-quality, accessible early learning and childcare. I hope that supports families like those who were mentioned during this debate. From my perspective as Minister of State with responsibility for disability, I welcome the benefits the changes in this Bill will bring for children with disabilities and parents with disabilities. The Government is committed to fostering cross-government, inter-agency and inter-disciplinary working, and collaboration to improve the lives of people with disabilities and enable them to achieve their potential. I appreciate Deputy Heneghan’s remarks and commend him for his dedication in this regard. I keenly anticipate that the statutory duty to co-operate will codify, strengthen and build upon the inter-agency working already in place. This includes initiatives, such as the protocols developed by Tusla with the HSE and others, to understand the needs of children and parents and deliver much-needed services. Where collaboration is not as robust or consistent as it needs to be, the implementation and inter-agency committee will ensure that barriers are identified, and co-operation established and maintained. In conclusion, I believe this is very important legislation. I believe the Bill will make a key contribution to delivering on the Government’s programme for Government commitments to strengthen Tusla and protect children in the care system. Taking all these measures together, I am conscious of the Bill’s potential to have a very real and positive impact on children in need at particularly vulnerable points in their lives, and on their families. The Minister, Deputy Foley, and I look forward to engaging further with Deputies during the passage of this Bill, in particular, in relation to the provisions that we have outlined today.