Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

Section 9 is core to the rationale of how the child and family agency is supposed to operate and its principal purpose, namely, the best interests of the child. The amendments want to make it equally clear in respect of service providers. The Minister's point, in respect of section 56, is that service providers can carry out services similar to activities carried out by the agency and consistent with its functions. That is a lot less clear than making it crystal clear that the service providers, in the operation of their duties and in their work on behalf of the child and family agency, should do so in the best interests of the child. Instead, the text is a fudge and is less clear. Does it mean they have parallel responsibilities if we say the service provider should provide a service that is similar to activities carried out by the agency and consistent with its functions? Does it infer the service providers have the same responsibility to act at all times in compliance with section 9 and in the best interests of the child? The presumption is that it is the case but it is not as clear as it could be in the legislation. I see no reason the same onus, as is on the agency in section 9, cannot be put on the service providers in the legislation.

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