Oireachtas Joint and Select Committees

Thursday, 24 October 2013

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs

Child and Family Agency Bill 2013: Committee Stage (Resumed)

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6:35 pm

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

I move amendment No. 74:

In page 73, lines 44 to 56 and in page 74, lines 1 to 12 to delete items 3 and 4 and substitute the following:

“

3.Section 9(a) in subsection (1), substitute the following for paragraph (b):
“(b) the risk may be the result of any act, failure to act or negligence on the part of--(i) the Executive,
(ii) the Agency,
(iii) a service provider to which paragraphs (a) or (b) of the definition of service provider applies,
(iv) a service provider to which paragraph (c) of the definition of service provider applies,
(v) the registered provider of a designated centre to which paragraphs (a)(ii), (iii) or (c) of the definition of designated centre applies,
(vi) the registered provider of a designated centre to which paragraphs (a)(i) or (b) of the definition of designated centre applies,
(vii) the person in charge of a designated centre referred to in subparagraph (v), if other than its registered provider,
(viii) the person in charge of a designated centre referred to in subparagraph (vi) if other than its registered provider.”,
(b) Substitute the following for subsection (2):
“(2) The Minister may, if he or she believes on reasonable grounds that--(a) there is a serious risk of the kind mentioned in paragraph (a) of subsection (1), and
(b) the risk may be the result of any act, failure or negligence of the kind mentioned in paragraph (b)(i), (iii), (v) or (vii) of subsection (1),require the Authority to undertake an investigation in accordance with this section.

(2A) The Minister for Children and Youth Affairs may, if he or she believes on reasonable grounds that--(a) there is a serious risk of the kind mentioned in paragraph (a)(i) of subsection (1), and
(b) the risk may be the result of any act, failure or negligence mentioned in paragraph (b)(ii), (iv), (vi) or (viii) of subsection (1),require the Authority to undertake an investigation in accordance with this section.”.
4.Section 10In subsection (2), substitute “it shall submit the proposed standards to the Minister for approval and, where the standards relate to services provided under the Child and Family Agency Act 2013, the Minister shall not approve the proposed standards without the consent of the Minister for Children and Youth Affairs” for “it shall submit the proposed standards to the Minister for approval”.

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