Charlie McConalogue (Donegal North East, Fianna Fail)
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Question 30: To ask the Minister for Children and Youth Affairs if she has a contingency plan in place for any emergency legislation that may be required arising out of the pending Supreme Court appeal challenging the powers of the Health Service Executive to assess and respond to allegations of third-party abuse under section 3 of the Child Care Act 1991, while a criminal prosecution is ongoing; if emergency legislation has been drafted for such an eventuality; if the text of such legislation will be published; and if she will make a statement on the matter. [19827/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware that an appeal is before the Supreme Court which relates to Section 3 of the Child Care Act, 1991. A judicial review was sought in 2009 and successfully defended by the HSE. The High Court ruling of May 2010 was then appealed to the Supreme Court. The HSE continues to strongly defend its position in relation to this matter. The Deputy will appreciate that it would not be appropriate for me to make any further public comment at this point as the matter is before the Court.