Results 2,241-2,260 of 20,459 for speaker:Frances Fitzgerald

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: The issue arose previously. The Deputy is correct to refer to it. When, for example, an independent review of child deaths was established by the Minister of State with responsibility for children and youth affairs in March 2010 the group was furnished with preliminary information by the HSE but it was refused access to individual case files due to legal concerns identified by the HSE on...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: The collection of data has been a major issue with regard to child protection services generally. What we must achieve is consistency. Gordon Jeyes, the new director of child and family care in the HSE, is determined to ensure this because it is incredibly important. We have inconsistent data, for example, with regard to the reasons children are taken into care. We need to be clear about...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 2: In page 5, lines 12 and 13, to delete "AND CHILDREN". These are technical amendments to the Long Title and section 2. The amendments are required to reflect the title change of the Minister for Health and Children to the Minister for Health, which came into effect on 4 June 2011 on foot of an order made under section 6(1) of the Ministers and Secretaries (Amendment)...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 3: In page 5, line 22, after "31," to insert "33,". Amendment agreed to.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 4: In page 5, line 22, to delete "42 and 44" and substitute "42, 44 and 46". These are technical amendments to section 1, which deals with collective citations. The amendments reflect those changes made to the Bill which affect collective citations in respect of the Child Care Acts and the Adoption Acts.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 5: In page 5, line 26, to delete "2009 and section" and substitute "2010 and sections 33 and".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 6: In page 5, between lines 27 and 28, to insert the following: "(5) The Adoption Act 2010 and section 46 may be cited together as the Adoption Acts 2010 and 2011.".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 7: In page 6, line 5, to delete "and Children".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 8: In page 6, between lines 28 and 29, to insert the following: 4.—Section 3 of the Principal Act is amended by deleting subsection (4). This amendment relates to section 3(4) of the Child Care Act 1991, which deals with the functions of the Health Service Executive, and connects the Child Care Act with the Health Acts. The reason for the amendment is that in the...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: When a young child is placed in care in a residential centre it is termed a "placement". Special care involves the detention on an exceptional basis of an unoffending child for his or her own welfare and protection in a special care unit with on-site educational and therapeutic support. It is very different to an ordinary placement. It is important this is understood from a legal point in...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I really do not have much more to say. The word "detention" obviously has different meanings, including those to which the Deputies refer. We must consider that when it is used in the phrase "school detention" it is not assumed to imply criminality.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I take the point Deputy Ó Caoláin makes. However, I am strongly advised that in the context of the legal definitions that are required in the legislation, the use of the word "detention" is necessary. It must be made clear that special care involves the detention of a child. To make it appear otherwise would be misleading in the context of what is actually happening. I have already...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I agree with Deputy Ó Caoláin it is of the utmost importance that regard should be given to the views of the child prior to the HSE taking steps under section 23ND, which includes provision where a child requires medical treatment while subject to a special care order. This Bill amends the Child Care Act 1991, where it is provided in section 3(2)(b)(ii) that the HSE in the performance of...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I will write to the HSE's director of child and family services regarding this matter in order to highlight again the importance of taking into account the wishes of the child, as set out in the Child Care Act 1991, and to reinforce the point that this applies in the case of special care orders. The issue the Deputy is raising is as much as practice issue as a legislative issue. It is...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: Under section 24B of the 1991 Act, as inserted by section 9 of the Bill, in any proceedings before a court, due consideration must be given to the wishes of the child. As I said, the issue the Deputy is raising is more a question of implementing the legislation than a requirement for amendment. It is a practice issue. There is adequate provision for it in two sections in the legislation,...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 11: In page 62, line 16, to delete "a fine not exceeding €3,000" and substitute "a class B fine". These are technical amendments to section 23NP of the 1991 Act, as inserted by section 9 of the Bill, which provides for offences under the Bill. The amendments are proposed in accordance with section 5 of the Fines Act 2010 which provides that fines between €2,500 and...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I move amendment No. 12: In page 62, line 45, to delete "a fine not exceeding €3,000" and substitute "a class B fine".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: The Child Care Act 1991 provides that in proceedings under Part IV, that is, care proceedings, where the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child. The provision of a guardian ad litem service is extremely helpful...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: Next week.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: Yes.