Tommy Broughan (Dublin North East, Independent) | Oireachtas source

I move amendment No. 11:

In page 28, between lines 16 and 17, to insert the following:

"(c) at the time of making its application for an excluding order, or as soon as possible thereafter, a housing authority shall notify the Child and Family Agency of the nature of the application concerned.",".

Amendment No. 11 provides that the local authority shall notify the Child and Family Agency of an excluding order as soon as possible. I note Deputy Murphy has tabled a broader amendment on the same subject.

Existing law in regard to excluding orders in respect of tenants engaged in anti-social behaviour makes reference to the housing authority when preparing to make an application for an exclusion order consulting the health board. I am concerned that the Bill in relation to particular matters provides only for consultation with the Health Service Executive and not the Child and Family Agency.

Obviously, people engaged in anti-social behaviour if persistently causing havoc must be excluded from areas. I agree with Deputy Ó Fearghaíl that the experience under existing law has been that very often it is the families who are well behaved citizens that end up leaving estates. Often the best of families have to flee having been subjected to grave anti-social behaviour. It is important to remember that under this Bill orders can be made against children aged over 12 years. The question that arises is what is to happen to those children? Obviously, that raises issues around child protection. It is necessary to include an expressed requirement that the housing authority notify the Child and Family Agency in circumstances where excluding orders are being made. Only recently Deputy Murphy made a powerful contribution during Leaders' Questions on the impact of the current housing crisis on children. We are currently, and rightly so, establishing an inquiry into the horrendous treatment of children in decades past in counties such as Galway and others throughout the country while currently before our eyes intelligent young children, whose families are facing eviction, are experiencing great fear and terror at the prospect of moving again or, perhaps, living in a hotel or guesthouse room. That is the current situation. The Government has a huge responsibility to the children of all of those families. In 30 or 40 years time Members of the then Dáil may be looking back and asking what we did about this matter. It is a serious issue.

Amendment No. 11 deals with the necessity for consultation with the Child and Family Agency. I know that like other Members the Minister of State, Deputy O'Sullivan, has vast experience in relation to this subject. I am sure she will agree that a multi-agency response to this issue is important. I note Deputy Murphy's amendment, of which I am supportive, goes a little further in this regard.

Amendment No. 13 seeks to amend 19(5)(a) which amends section 3A of the Housing (Miscellaneous Provisions) Act 1997, as amended. Section 3A relates to exclusion orders preventing people from entering sites provided by local authorities. I understand section 3A was inserted into the 1997 Act by the Housing (Traveller Accommodation) Act 1998, as amended. I support amendment No. 12 and hope that the Minister will be able to accept it and my two modest amendments.

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