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

Under section 56(13), the Minister may prescribe requirements which include requiring service providers to take into account the best interest of the child where they are engaged in relevant services. In addition, section 56(15) defines a service provider as a person providing child and family services that are similar to activities carried out by the agency. I refer Deputies to the phrase "consistent with its functions" in that section. We had a long discussion about the agency's functions. Service providers have to be consistent with the functions of the agency. As the agency will be required to observe the best interest principle in the performance of its functions, it is entirely reasonable that any service provider engaged in the provision of child and family services on the agency's behalf be required to adhere to the same principles. The agency will have overall accountability for the delivery of services, whether directly provided or commissioned. It is up to the agency to ensure the points the Deputies have made in regard to the amendment are in accordance with its functions and principles. I am sure the Deputies will agree that is good governance.

In regard to amendment No. 20, services in the context of this section include the use of premises, equipment and the services of employees. The focus is on the services that another statutory body might provide to assist the agency in the performance of its functions. I have already dealt with the proposed amendments to section 9 and their applicability to a person or body acting on the agency's behalf. I consider the provision to be unnecessary because the legislation is clear in this regard.

In regard to amendment No. 21, the placing of a child in special care or residential care is a decision that is not taken lightly. It is always taken with the best interest of the child at heart. It is recognised that the child's engagement with the courts, where necessary, must allow for the consideration of the views of the child. If the agency enters into an arrangement with any suitable person to discharge its obligation, by implication that includes the obligations set out in section 9.

All aspects of the care of such children are subject to the Child Care Act 1991. We have already discussed how the child is paramount under that Act and the Adoption Act 2010.

I am not accepting that amendment.

With regard to amendment No. 24, section 59(4)(b) provides that the agency may impose requirements on a person to allow the agency to monitor the provision of services, where the person is directly providing services. Such requirements could include requirements to ensure the best interests of the child are observed where the person is directly providing services to children. Where providers are providing services, they are expected to demonstrate, at a minimum, that they are upholding the principles established in section 9 as an aspect of any proposal to provide a service to children or families. I will not accept the amendments.

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