Results 2,041-2,060 of 2,723 for speaker:Barry Andrews

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: How does it distinguish that? That is the difficulty.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Amendment No. 5 to section 23B(3), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect inserts the word "out". Amendment No. 7 to section 23D(5)(c), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect deletes a misplaced comma. Amendment No. 11 to section 23ND(1)(e)(iii), as...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The effect of this amendment to section 23B(5) and (6) is to ensure the HSE retains more responsibility than was previously provided for in the published Bill in respect of children who are the subject of a special care order and where such special care is being provided in a unit which is subject to an arrangement under section 38 of the Health Act 2004. This amendment is in accordance with...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: My information is that special care is not provided other than by the HSE. Section 38 of the 1994 Health Act allows such care to be provided other than by the HSE from time to time. The section is facilitative and anticipates that in certain circumstances a child with highly specific needs may, from time to time, avail of services outside the State, for example, in the United Kingdom. The...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: On Senator O'Malley's question, section 38 of the Health Act 1994 provides that the Health Service Executive may enter into an arrangement with a person to provide a special care unit. The amendment proposes that, in circumstances where a private provider is involved in the care of a child, the HSE will retain control over treatments, applications for passports and other matters for which a...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Senator O'Malley pointed out that a child might become a flight risk if he or she becomes aware that consideration is being given to an application for a special care order. We have to understand that the High Court, rather than the HSE, makes special care orders. That is what this legislation is all about. Clearly, there are circumstances in which the parent or guardian of a child might...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: No. This relates to a pre-court consideration by the HSE. The appointment of a guardian ad litem, which is dealt with later in this legislation, happens when an actual court case is in-----

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That would be quite possible if continuing care applications were being made on foot of previous or outstanding care issues. I will have to give further consideration to whether such a guardian needs to be included. I do not think it does. A person who acts in loco parentis is likely to be a social worker rather than a guardian ad litem.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will consider that and try to come back to the Senator in due course. As I said, the HSE does not make special care orders. That is done by the High Court. The proposed section 23F(8) states: Where the Health Service Executive applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That is right.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Yes.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That is the exception to the rule.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The Senator is doing a much better job of explaining this section than I did. I should have pointed out at the beginning that the proposed section 23F(3) sets out the rule and the proposed section 23F(4), which Senator Fitzgerald proposes to delete, sets out the exception to the rule.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Section 23F(8) sets out the saving provision, whereby the High Court will have an opportunity to review any circumstances in which the exception is exercised by the HSE.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I hope the Senators will accept those points.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: This amendment is in accordance with legal advice received on the issue of medical consent. The Bill allows the HSE to consent to medical assessment, examination and treatment. It is important that the HSE, when providing special care to a child, has the capacity to consent to medical treatment when it is necessary to do so. However, the effect of this amendment is that the HSE's right to...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: It is important to recall that amendment No. 14 states: In page 44, between lines 46 and 47, to insert the following: "(3) Nothing in subsection (1)(d) or (2) shall be construed as making ineffective any consent which would have been effective if those provisions had not been enacted.". The Bill allows the HSE to consent and the amendment to which I have just referred allows that other...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: No. The second part of the Senator's proposed amendment states that: Regard shall be had to the views of any parent of the child prior to taking steps under this section, and save where such steps are urgent, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the parents do not consent. However, that consent is implicit...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will just refer the Senator to my previous comments. Amendment, by leave, withdrawn. Government amendment No. 17: In page 45, line 18, to delete "(4) The Health" and substitute "(5) The Health". Amendment agreed to. Government amendment No. 18: In page 45, line 22, to delete "(5) The Health" and substitute "(6) The Health". Amendment agreed to. Government amendment No. 19: In page 45, line...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: There is no question that guardians provide a great service. In fact, Barnardo's provides almost all of the guardians; therefore, one would expect it to be positive about the provision of the service. The Senator said guardians ad litem were appointed in 50% of cases, but that is not the case in respect of special care, in which a guardian ad litem is always appointed where an application...