Barry Andrews (Dún Laoghaire, Fianna Fail)

What these amendments seek to achieve is already achieved in the legislation. Both amendments are concerned with the process of a child leaving the jurisdiction in accordance with section 23NF, which states that the HSE may apply to the High Court to vary a special care order to authorise the release of a child for the purposes set out. However, the High Court must authorise, through varying the special care order, the release of said child from the special care unit for the purposes set out. In the absence of such authorisation or if the High Court did not vary a special care order accordingly, the HSE could not release a child from this jurisdiction in order that he or she might receive medical treatment or to allow him or her to reside with a parent or relative. While, under the legislation, the HSE may apply to the High Court, the actual authority to make a variation to a special care order to allow a child to leave the jurisdiction lies with the latter. The policy intention which the Deputies have attempted to capture in the wording of these amendments is already intrinsic to the Bill.

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