Oireachtas Joint and Select Committees

Wednesday, 23 October 2019

Select Committee on Children and Youth Affairs

Child Care (Amendment) Bill 2019: Committee Stage

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent) | Oireachtas source

I am not sure whether these amendments fulfil the purpose which was intended. Having heard Deputy Funchion outline the intention of these amendments, which is to ensure that a party has sufficient time to read a report, in reality the wording provided could be interpreted as removing the right of an unrepresented party to receive a copy of a report furnished to the court.

Under the proposed wording "such a party would have the right to read the report only". Clearly it would not be appropriate that a party with legal representatives would receive a copy of a report but a party with no legal representatives would not. I suggest that the amendments could be interpreted in that way, effectively as removing the right of an unrepresented party to receive the report. I also understand there can be issues around the timely delivery of the reports to parties and to guardians ad litemin childcare proceedings. That could be addressed better by the rules of the court rather than in legislation. I do not know whether the Deputy's concerns could be addressed in procedural issues relating to the Child Care Act and those are being examined as part of the overall review of the Act. These matters are also being addressed in the family courts Bill, which will be brought forward by the Minister for Justice and Equality, Deputy Flanagan soon. That is my reason for rejecting the amendment.

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