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

I move amendment No. 7:

In page 12, lines 30 to 33, to delete subsection (3) and substitute the following:“(3) Without prejudice to the generality of subsection (1), in supporting and encouraging the effective functioning of families pursuant to subsection (1)(c), the Agency shall provide--

(a) preventative family support services aimed at promoting the welfare of children,
(b) care and protection for victims of domestic, sexual or gender-based violence, whether in the context of the family or otherwise, and
(c) services relating to the psychological welfare of children and their families.”.

Amendment No. 7 substitutes a new subsection (3) and will at paragraph (a), give acknowledgement to family support as a preventative strategy in the context of child welfare and protection. Amendment No. 8 is a consequential amendment to give effect to a realignment of subsections (3) and (4) of section 8. Paragraph (b) of the new subsection (3) was included in section 8(3) of the Bill, as published, and it is restated in the revised subsection (3). Paragraph (c) was included in subsection (4) but has now been moved into the new subsection (3) in a restatement of the services the agency will provide in supporting and encouraging the effective functioning of families.

The intention and effect in Section 8(l)(c) which provides for the effective functioning of families is for a broad enabling provision to encompass all existing HSE and FSA functions which are transferring into the agency, in addition to child welfare and protection. The policy intent in the framing of the new agency has been to broaden the scope of the agency beyond the traditional concept of child welfare and protection to emphasise family support as an essential area of activity. The amendment is clear regarding the obligation and clarifies that there are:

(a) preventative family support services aimed at promoting the welfare of children,
(b) care and protection for victims of domestic, sexual or gender-based violence, whether in the context of the family or otherwise, and
(c) services relating to the psychological welfare of children and their families.

As Deputies will know, some concern has been expressed as to whether family support would be an explicit function of the Child and Family Agency. The amendment makes it absolutely clear that family support can be seen as equally important in promoting children's welfare and protection by allowing for a range of family support programmes and earlier interventions which might obviate the need for more complex and intrusive interventions at a later stage.

While these functions are encompassed in the enabling provision contained in section 8(l)(c), I acknowledge that a more explicit reference, as I have done, to family support is important in terms of people understanding the functions of the agency, the approach to the work and the range of services that can be development. For that reason I shall introduce that amendment to section 8, to substitute a new subsection (3)(a) which incorporates that specific reference to family support services aimed at promoting the welfare of children. The amendment will provide for a more explicit expression of family support services, the blended Family Support Agency Act and Child Care Act functions, and give acknowledgement to family support as a preventative strategy in the context, as I have said, of child welfare and protection.

The particular services referred to in the new subsection (3) are without prejudice to the general application of subsection (l)(c) and the services that may be provided more generally under that subsection to support and encourage the effective functioning of families.