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Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 4: In page 3, between lines 15 and 16, to insert the following: "PART 2 AMENDMENT OF CHILD CARE ACT 1991 2.—In this Part, "Principal Act" means the Child Care Act 1991.".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 5: In page 3, between lines 15 and 16, to insert the following: 3.—Section 29 of the Principal Act is amended by inserting the following subsections after subsection (4): "(5) Nothing contained in this section shall operate to prohibit— (a) the preparation of a report of proceedings under Part III, IV or VI by— (i) a barrister or a solicitor, (ii) subject to...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: This was discussed on Second Stage in this House and extensively in the Seanad. When speaking on Second Stage, Deputy Lynch of the Labour Party strongly agreed with the view I took on the five-year period. This is a difficult issue. We will delegate responsibilities vested in the State to foster carers and a balance must be struck. If instability and interruptions occur in the placement...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I do not have a lack of faith in the process. I am concerned with the more fundamental question. We are discussing foster children who have parents and the message we would send to those parents is that after three years their child can end up in the delegated responsibility of someone else. That is the danger I see in erring on the side taken by Deputy Ó Caoláin in specifying a period...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 10: In page 6, line 28, to delete "concerned." and substitute "concerned;". This arises from Committee Stage when Deputy McManus made a fair case on the need to ensure broader representation when a child is subject to proceedings under the Bill. I did not accept certain amendments she tabled in this regard but she tabled one that seemed to address the issue. As she had...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 11: In page 6, between lines 28 and 29, to insert the following: "(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 13: In page 7, between lines 7 and 8, to insert the following: "3.—Section 49 (as amended by item 54 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is repealed and the following section substituted: 49.—In this Part— 'authorised person' means a person appointed under section 54 to be an authorised person for the purposes of this Part;...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 14: In page 7, between lines 7 and 8, to insert the following: "4.—Section 50 (as amended by item 55 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended— (a) in subsection (1), by inserting "or school age children" after "services", (b) in subsections (2)(a) and (c) and (3)(a), (b) and (c), by inserting "or school age services" after...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 15: In page 7, between lines 7 and 8, to insert the following: "5.—Section 51 (as substituted by item 56 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting the following subsections after subsection (2): "(3) A person carrying on a school age service on the commencement of this subsection shall give notice to the Health Service...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 16: In page 7, between lines 7 and 8, to insert the following: "6.—Section 52 of the Principal Act is amended— (a) by inserting "or school age service" after "pre-school service", and (b) by deleting "the service" and substituting "the pre-school service or school age children attending the school age service, as the case may be,".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 17: In page 7, between lines 7 and 8, to insert the following: "7.—Section 53 (as amended by item 57 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting "or school age service" after "pre-school service".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 18: In page 7, between lines 7 and 8, to insert the following: "8.—Section 55 (as amended by item 59 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended— (a) in subsections (1) and (2), by inserting "or school age service" after "service", and (b) in subsection (3), by inserting "or school age children" after "children".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 19: In page 7, between lines 7 and 8, to insert the following: "9.—Section 56 (as amended by item 60 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended— (a) in subsections (1) and (2), by inserting "or school age services" after "services", and (b) in subsection (3), by inserting "or school age services" after "pre-school services".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 20: In page 7, between lines 7 and 8, to insert the following: "10.—Section 57(2) of the Principal Act is amended by inserting "or school age service, or both" after "service".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 21: In page 7, between lines 7 and 8, to insert the following: "11.—Section 58 of the Principal Act is repealed and the following section substituted: 58.—(1) Regulations under section 50 and sections 51 to 57 shall not apply to— (a) the care of one or more children undertaken by a relative of the child or children or the spouse of such relative, or (b) a person...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 22: In page 7, between lines 7 and 8, to insert the following: "PART 3 CONSEQUENTIAL AND OTHER AMENDMENTS TO CHILDREN ACT 2001 12.—In this Part, "Act of 2001" means "the Children Act 2001.". This is a technical amendment, the effect of which is to insert a new Part heading and to define "Act of 2001" for the purpose of Part 3 to mean "the Children Act 2001".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 23: In page 7, between lines 7 and 8, to insert the following: "13.—Section 16 of the Act of 2001 is amended by repealing it only to the extent that it provides for the insertion of section 23D, as set out in such section 16, into the Child Care Act 1991.". These amendments relate to the Children Act 2001. Amendments Nos. 24 and 25 provide for changes to section...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 24: In page 7, between lines 7 and 8, to insert the following: "14.—Section 76A(1)(c) (inserted by section 132 of the Criminal Justice Act 2006) of the Act of 2001 is amended by deleting "and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child".".

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 25: In page 7, between lines 7 and 8, to insert the following: "15.—Section 77(1) (as amended by item 13 of Part 11 of Schedule 7 to the Health Act 2004) of the Act of 2001 is amended— (a) in paragraph (a), by deleting ", and" and substituting "if in the Court's view it is practicable for the Health Service Executive to hold such a conference having regard to the age...

Child Care (Amendment) Bill 2006: Report and Final Stages (26 Apr 2007)

Brian Lenihan Jnr: I move amendment No. 26: In page 7, between lines 7 and 8, to insert the following: "16.—Section 225(1) of the Act of 2001 is amended, in the definition of "Board", by inserting "and known, after the commencement of section 226A, as the Children Acts Advisory Board" after "section 226".". The purpose of the amendment is to change the name, role and function of the Special Residential...

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