02 November 2006
Dr. Henry: I am always fascinated when people describe a breakdown in a marriage or relationship as "amicable" because I have not yet encountered it. Frequently, children are the big losers in these situations. Grandparents have no rights but they might be the only stability left for the child or children. The Minister and Senator Tuffy will have seen instances in the courts where visiting and access rights for children are really used as weapons, while grandparents have no rights. Perhaps the Minister will consider SenatorTuffy's suggestion because these might be the people who have the best interests of the child at heart at that time.
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Dr. Henry: Like Senator Browne, I feel that five years is a long time in the life of a child. Five years go by in a flash for an adult, but five years can be one third of a child's life, by the time he or she is fostered. I had hoped to get on the side of the angels by proposing a reasonable reduction, whereby the relevant period would be four years. At the same time, I recognise the Minister of State's concerns about being sure the child is in a stable position. I have proposed in amendment No. 3 that we should provide for a period of five years in cases of placements which have been interrupted. When children are placed in foster care, one always hopes the time will come when they can be returned to the care of their parents. They sometimes go back to the care of their parents. I am aware of cases of children going into the care of other relatives. It does not always work out, unfortunately, which means the children have to go back into foster care a few months later. I would not like people to feel that cannot happen because a five-year period has to be adhered to before anything can happen. The Bill takes into account the fact that the wishes of the child must be considered, which is welcome. I was interested in the figures the Minister of State gave last week about the length of time for which children have been fostered. A significant number of children have been fostered for a considerable length of time. People think that fostering lasts for a short duration, but many cases of fostering last more than one or even three years. I suggest that many children would be covered by this proposal. We need to ensure children, in whom we are interested here, can feel they are in as stable a position as possible. Therefore, I hope the Minister of State will accept my amendments.
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