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)
4:40 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I move amendment No. 36:
I seek to add the words “and must be in accordance with section 8 and section 9” to the end of section 47(5), which currently reads: "A direction given by the Minister under subsection (1) shall not interfere with the exercise of professional judgment in a particular case in the performance by the Agency of its functions." Sections 8 and 9 are the functions of the agency and the best interests and views of the child. This is the critical context - that they must be in accordance with sections 8 and 9. The direction given by the Minister shall not interfere with the exercise of professional judgment in a particular case or in the performance by the agency of its functions and must be in accordance with section 8 and section 9. It is very straightforward.
In page 35, subsection (5), line 41, after “functions” to insert the following:“and must be in accordance with section 8 and section 9.”.