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

Section 48 deals with the power of the Minister to issue guidelines, not directions, to the agency. Directions are dealt with in section 47 of the Bill. Guidelines do not have to be complied with, unlike directions, although the agency must have regard to the guidelines. I am satisfied that the scope of this provision is entirely reasonable. Although the proposed amendment regarding professional judgement is not necessitated here, there is no intention to interfere with the exercise of professional judgement in any particular case that falls within the agency's functions, nor is it implied anywhere that this is what is intended.

I am fully aware of the range of professionals who must exercise their professional judgement in very complex and challenging scenarios on a daily basis. That judgement is informed by years at the coalface and is crucial to both intervening and assisting in an appropriate manner. Guidance, by its nature, allows for and expects the application of judgement in its application. In the context of individual cases guidance is and will be subject to professional judgement on any matter relating to an individual child or family. I am not accepting the amendment.