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

Is that not precisely the point? If every principle had to be repeated in every piece of legislation the reading of the Statute Book as a whole would lose meaning. The Equal Status Act 2012 will apply in full to the child and family agency legislation and its principles need not be restated in the Bill. One could make the argument that if some items from the Statute Book are repeated but not others more impact is being given to those rather than to other principles contained therein. Obviously I do not disagree that the equal status legislation should apply. I certainly take Deputy Ó Caoláin' s point about inequalities where children are concerned but there is no need to restate what is already clearly laid out in legislation and applies absolutely.

In addition, there is the new general scheme of the Irish human rights and equality commission Bill 2012, as published, which proposes to introduce a positive duty on the public sector. Head 36 of that legislation states that "a public body shall in the exercise of its function have due regard to the need to eliminate prohibitive discrimination, promote equality of opportunity treatment and protect the human rights of its staff and persons to whom it provides services". Even stronger legislation is to come, therefore, about the application of this legislation to agencies, including the child and family agency. I do not reject the amendment because I do not agree with it but the principle is already well established, the legislation is in place and applies to the agency. It is not necessary to repeat it. I take this opportunity to point out it applies to the agency, absolutely, and the new legislation will give an even stronger format for the application of those principles.