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Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 49: In page 44, subsection (1), line 6, after "provide" to insert ", otherwise than for profit,".This amendment is to insert the phrase "otherwise than for profit" to clarify the category of persons to whom assistance may be given by the agency under section 59.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: To refer back to Deputy Ó Caoláin's earlier question on amendment No. 48, section 38 of the Health Act also uses the approach with regard to the word "person". Section 59 relates to small-scale funding, and possibly one-off funding, to provide support to organisations providing services supplemental to the agency's function. For example, funding granted under this section could...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: We have not set a limit on it. It will be decided by the agency. It is supplemental and will not be the main grant or funding the agency will provide. I do not accept the principle of panels but I will come back to the Deputy with the detail.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 51: In page 44, subsection (4), line 16, to delete "voluntary body" and substitute "person".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 52: In page 44, subsection (4)(b), to delete lines 19 to 20, and substitute the following:"(b) where the person provides services directly to a child or family, the provision of those services by the person concerned.".This is a drafting amendment to bring greater clarity and precision to the nature of the services which may be the subject of a monitoring arrangement. It...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 53: In page 44, subsection (5), line 21, to delete "voluntary body" and substitute "person".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 54: In page 44, subsection (6), line 24, to delete "voluntary body" and substitute "person".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 55: In page 44, subsection (7), line 27, to delete "voluntary body" and substitute "person".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 56: In page 44, subsection (7), line 29, to delete "voluntary body" and substitute "person".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 57: In page 44, subsection (8), to delete lines 31 to 36 and substitute the following:"(8) In this section "service supplemental to services provided by the Agency" means--(a) the provision of a community development resource to promote child and family support services, or (b) activities which are ancillary to child and family support services provided by the Agency or...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: The agency will not interfere in the business of an outside organisation and any attempt to do so would rightly be rejected. The agency can only attach conditions to funding as provided for in the Bill and in accordance with the guidance approved by the Minister. I do not intend to rule out something which the agency has neither the power nor the motivation to do. There is no such...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: The legislation contains provisions on the conditions the agency can attach to funding. That is all it can do in accordance with the guidance provided. That is the reason I will not accept the amendment. There has never been any suggestion or example of the interference suggested by the Deputy. It would be rejected if there was.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 41: In page 39, subsection (1)(a), line 5, to delete “sections” and substitute “section”.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 42: In page 41, subsection (1), line 3, after “services” to insert the following:“or services provided pursuant to section 8(3)(b)”.Part 8 of the Bill sets out the procedures the agency must use when arranging for services to be provided by a variety of service providers and making grants for this purpose. Section 56(1) enables the agency,...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: Under section 56(13), the Minister may prescribe requirements which could include requiring service providers to take into account the best interests of the child where the provider was engaged in relevant services. In addition, under section 56(15), a service provider is defined as a person providing child and family services which are similar to activities carried out by the agency and...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: Is the Deputy prepared to retable the amendment on Report Stage? I will examine section 9. That is my suggestion on this group of amendments.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: This is an unnecessary amendment. It would not be possible for the Minister to give a direction that is inconsistent with the agency's functions, as the agency can act only within the parameters set out in section 8. It is important that directives issued by the Minister are clear, realistic, capable of being implemented and achievable. It is reasonable to expect that a ministerial...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: I move amendment No. 34: In page 35, subsection (4), line 36, to delete “chief executive officer” and substitute “chairperson”.Amendments Nos. 34 and 35 to section 47(4) correct an error in the first print of the Bill, replacing the words “chief executive officer” with the word "chairperson." These amendments will clarify that the line of...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: Likewise.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Frances Fitzgerald: These are unnecessary amendments. It would not be possible for the Minister to give a direction that is inconsistent with the agency's functions. The agency can act only within the parameters set out in section 8. It is also inconceivable that the Minister would issue a direction that goes against best interest principle, so I will not accept those amendments.

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