Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 23:

In page 7, between lines 7 and 8, to insert the following:

"13.—Section 16 of the Act of 2001 is amended by repealing it only to the extent that it provides for the insertion of section 23D, as set out in such section 16, into the Child Care Act 1991.".

These amendments relate to the Children Act 2001. Amendments Nos. 24 and 25 provide for changes to section 76A(1)(c) and section 77(1), which concern HSE-provided family welfare conferences, which may arise in the context of juvenile justice court proceedings. These sections provide that a court hearing criminal proceedings against a child may, where the court considers a welfare issue arises in respect of the child that may involve the HSE exercising its powers, apply for a care of supervision order to direct the executive to hold a family welfare conference in respect of the child. This would be in order for the executive to determine and advise the court on what, if any, action the executive should take in respect of the child.

The purpose of these amendments is to provide that the use of family welfare conferences which arise in the context of juvenile justice cases is practical. Amendment No. 24 deletes words from section 76A(1)(c) relating to court directed family welfare conferences by the HSE under section 77. The words are "and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of that child." That is an essential section to clarify that the HSE can take action of that type on foot of a family welfare conference.

Amendment No. 25 amends section 77 and provides that where a court directs the HSE to hold a family welfare conference, the court must be satisfied in its view that it is practicable for the executive to hold such a conference having regard to the age of the child and his or her family circumstances.

The amendments clarify that it will be for the HSE to apply for orders under the 1991 Act in respect of the child where this is appropriate following the conference. These amendments will allow for the early commencement of section 77.

Amendment No. 23 provides for the repeal of section 16 to the extent that it provides for the insertion of section 23D into the Child Care Act 1991, as the section is not legally workable.

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