Dr. Geoffrey Shannon:

The Deputy raised an important question around the legality of the power. It will be seen in the report that I have forensically examined the section 12 power. Pages 277 to 293 deal in detail with the legality of the section 12 power and my view is that legislative clarity is required. It is required in the context of the definition of custody. The concern is in relation to children with emotional or behavioural problems and whether, in fact, the temporary carer has the capacity to parent a child with emotional or behavioural problems. My recommendation is that this issue needs to be looked at as a matter of priority. My understanding is that the Department of Children and Youth Affairs has sent the extract in question to the Attorney General's office and I have no further information on the issue.