Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Amendment No. 17 is unnecessary because the Minister clearly could not give a direction that is not consistent with the agency's functions. The agency can only act within the parameters set out in section 8. It is also inconceivable that the Minister would issue a direction that goes against the best interest principle. Directions from the Minister have to accord with the statutory parameters of the agency's obligations under the Act. The functions are laid out clearly.

In respect of amendment No. 18, section 48 deals with the power of the Minister to issue guidelines, not directions. Section 47 deals with directions. Unlike directions, guidelines do not have to be complied with, but the agency is asked to have regard for them. I think that is a reasonable provision. Even though the proposed amendment regarding professional judgment is not necessary, there is no intention whatsoever to interfere with the exercise of professional judgment in any particular case that falls within the agency's functions. It is it not implied anywhere that such is the intention. A wide range of professionals are required to exercise professional judgment in often complex and challenging scenarios. Their judgments are informed by years of working at the coalface and are crucial to both intervening and assisting. With the establishment of the agency, we want to ensure the professionals working on the front line feel more supported by management and that the relationship between management and front-line staff is closer. This is reason for the reduction in the number of managers from 36 to 17 and for giving them responsibilities in key areas such as supporting front-line social workers, care workers and psychologists, understanding the complexity of the cases coming before them and considering the supports and resources required. I am not accepting these amendments.

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