Seán Power (Kildare South, Fianna Fail)

The Chief Inspector of Social Services has responsibility for inspecting and registering residential centres. The chief inspector is also given statutory responsibility for other matters under the Bill. These include overseeing the performance by the Health Service Executive of its functions under sections 39, 41 and 53 of the Child Care Act 1991 in respect of fostering and pre-school services and section 10 of the Health (Nursing Homes) Act 1990 in respect of the boarding out of elderly people. Amendment No. 3 clarifies that the chief inspector's oversight of the performance of the executive's functions under the Child Care Act 1991 will include the executive's functions under sections 40 and 42 of that Act.

Both sections relate to the Health Service Executive's functions in respect of children in its care and section 40 refers to the Health Service Executive's functions in the placing of children in residential care, securing their welfare and the form of contract to be entered into by the Health Service Executive with persons providing residential care. Section 40 also refers to the supervision and visiting by the executive of children in residential care and section 42 of the Child Care Act provides for the case review by the executive of each child in its care. Given the role assigned to the chief inspector in regard to the inspection of residential services for children and the oversight role in regard to the other functions of the Health Service Executive under the Child Care Act 1991, it is appropriate for the chief inspector to have an oversight role also in regard to sections 40 and 42 of the Child Care Act.

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