Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 10, between lines 1 and 2, to insert the following:“ “child” means a person under the age of 18 years other than a person who is or has been married;”.

The aim of this amendment to section 2 is to ensure clarity about the definition of a child. The proposed amendment is in accordance with the legal advice received. The first print of the Bill intended to rely on the usual definition of a child. However, various definitions are provided across various Acts such as the Age of Majority Act 1985, the Child Care Act 1991, the Education Welfare Act 2000, the Children Act 2001, the Mental Health Act 2001, the Education for Persons with Special Needs Act 2004 and the Adoption Act 2010. The differences in what might be described as the usual definition of a child in the statutes referred to may give rise to a lack of clarity regarding the agency's remit in the absence of an explicit definition in the Bill. The need for a clear understanding of exactly what is intended by "a child" is at the centre of the Bill.

It is the intention that services identified in the Bill such as psychology services should be provided for children aged under 18 years and it is necessary to ensure with absolute clarity that the provisions of the Bill allow for the agency to provide such services. The definition proposed will align the definition of a child in the Bill with that in the Child Care Act 1991. "A child"will mean "a person under the age of 18 years other than a person who is or has been married". This amendment will not change in any way the definition of a child in other statutes, including the Education Welfare Act 2000. Where the Child and Family Agency is carrying out functions pursuant to that Act, the definition of a child will be as provided under section 2 of that Act which states "child"^' means:

a person resident in the State who has reached the age of six years and who (a) has not reached the age of 16 years, or
(b) has not completed three years of post-primary education,whichever occurs later, but shall not include a person who has reached the age of 18 years.

The effect of the amendment proposed will be to provide an explicit definition of a child to bring clarity to the issue of the remit of the agency and the services it will provide under the Child and Family Agency Bill.

Deputy Robert Troy was not here when I made the point that I had approached the amendments I had tabled in a collaborative fashion, having listened to many of the points made by a variety of people, including the Deputy himself and Deputy Caoimhghín Ó Caoláin, as well as numerous NGOs. A number of the amendments I am bringing forward reflect the discussions with officials of my Department.