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

I move amendment No. 62:

In page 50, subsection (1), lines 34 and 35, to delete “subsections (2) and (3)” and substitute “subsection (2)”.

Amendment No. 63 provides for the deletion of section 72(2) of the Bill as published and amendment No. 62 is consequential on the deletion of subsection (2), which will effect a re-numbering of the subsections within section 72. When subsection (2) is deleted there will be only two subsections in section 72 and it is therefore no longer correct to refer to subsection (3) and subsection (1). Amendment No. 62 gives effect to the change necessary to subsection (1). This is a technical description of the changes and the impact of the change on other sections of the Bill.

The functions contained in the Family Support Agency Act 2001 are particularly prescriptive as to the precise schemes and programmes to be put in place to deliver family support. It is considered that these are too rigid. An element of the reform is to allow for the consolidation and integration of FSA functions within existing HSE family support functions within the new agency. Therefore, it is considered necessary to amend the Bill to ensure that the flexibility required for the consolidation of all grant giving arrangements under Part 8 of the Bill is achieved. The insertion of the new subsection (3) in section 8 will give acknowledgement to family support. I have spoken a number of times of how important it is that we have an acknowledgement and statement in the Bill of the importance of family support. One of the functions of the agency will be to work on preventative family supports. Preventative strategies to help families are part and parcel of the work of the agency in the context of 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 intention, in effect, in section 8(1)(c) 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. While these functions are encompassed in the general enabling provision contained in section 8(1)(c), it is acknowledged that the absence of an explicit reference to family support might have caused undue concern, which is why it is being changed. For that reason, it is proposed, together with the deletion of section 72(c), to introduce an amendment to section 8 to substitute a new subsection (3). The amendment will provide for the more explicit expression of family support services, the blend of Family Support Agency Act and Child Care Act functions and give acknowledgement to family support as a preventative strategy in the context of child welfare and protection.

Amendment No. 64 is consequential on the amendment being made to section 72. The effect of the amendment is to provide for anything commenced but not completed by either the Family Support Agency or the National Educational Welfare Board before establishment day so they can continue after establishment day. Section 81 is a transitional provision. It will only apply to anything commenced and not completed. The amendment being made to delete the reference to "insofar as it relates to a function transferred to the agency under section 72" is a consequential amendment related to the deletion of section 72(2), which transfers the functions of the Family Support Agency to the child and family agency.

Amendment No. 77 is necessary to delete the reference in the Long Title to the transfer of functions from the Family Support Agency to the child and family agency. These functions will no longer transfer following the deletion of section 72(2) which is being provided for in amendment No. 63.

This is about bringing the Family Support Agency into the child and family agency and outlining how that work is now being integrated by being described explicitly in the functions regarding family support.