Dáil debates

Thursday, 26 April 2007

Child Care (Amendment) Bill 2006 [Seanad]: Instruction to Committee

 

12:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I apologise. It is after-school care, but it is a mix of three pre-school children and five children in total. My understanding heretofore — perhaps the Minister of State will clarify whether this is correct — is that this represents a change on the current situation. The Minister of State will appreciate I have only had sight of this detail while sitting in the Chamber. My understanding is that the number had been limited to three. Maybe that does not represent a change, but perhaps the Minister of State will clarify that in his concluding remarks.

I refer to the correctly controlled access for the clear purpose of the preparation of a report on child care proceedings under the Child Care Act 1991, under which strict access rules and direction apply. The purpose and intent of amendment No. 5 is fully understandable under the Child Care Act, the absolute position of no information that would enable an identification of the child or any party to the proceedings being identified. This is an important amendment and I welcome the detail of it.

From a more informed position, given the sharing of all the detail, I see no difficulty with any of the amendments presented. I will continue my positive disposition to the Bill which I signalled from Second Stage.

This is the appropriate opportunity to ask about a recent newspaper article, written by Norah Gibbons, director of advocacy with Barnardos, in which she made a point about children involved in what she described as very difficult and contentious private law cases. This refers to my earlier point about implementation. Section 11 of the Children Act 1997 has not been implemented. She stated that this would allow courts an opportunity to get the views of a child through an independent guardian ad litem. That party would have the qualifications and experience and such a person would be available to all parties and subject to the rigours of the court process. What is the position in relation to section 11? How quickly will that be implemented? When will all the affected legislation with meritorious intent be fully implemented? Will the Minister of State assure the House on the complete and appropriate resourcing and the speed with which this can be done?

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