Results 5,441-5,460 of 20,459 for speaker:Frances Fitzgerald

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: My main concern about the Deputy's point is that it would copper-fasten in the legislation almost a silo mentality regarding the different elements coming together to form the agency. In section 50(2) the first code of governance talks about the transition issues: The first code of governance shall include details of the methods to be used to bring about the integration of the governance...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: I move amendment No. 14: In page 13, subsection (11), line 21, to delete "The" and substitute "Subject to this Act, the".This corrects an omission in the first print of the Bill and inserts the words "Subject to this Act" at section 8(11). It will clarify that, notwithstanding other provisions of the Act, such as section 14, the duty of the agency to furnish information to the Minister,...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: Sections 9(1) and (2) must be read together. It is very clear in section 9(2) that, when we are talking about the welfare of children, their care and safety or anything to do with the Adoption Act, the best interests of the child are the paramount consideration. That is an important separation, whereby it is very clear that, in any of those issues to do with the welfare, care or protection...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: The main problem with accepting the Deputy's amendment to change the wording to "regard the best interests of the child as a primary consideration" is the interaction with the wide range of functions the agency has, and the issue of the balance of other rights. That is why the text is currently phrased as it is. I would like to consider this amendment further and I will examine the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: The Child Care Act 1991 and the Adoption Act 2010 already require the best interest principle to be upheld by the agency. Section 3 of the Child Care Act 1991 is explicit in this regard with respect to the application of best interest and covers any action of the agency in the context of fulfilling its functions under the Act. This includes arrangements in respect of the adoption of a child...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Frances Fitzgerald: I suggest that any organisation would be required by law to consult on all aspects of planning. Reviewing the provision of services could have the unintended effect of paralysing management decision-making, diffusing responsibility for decisions taken and delaying necessary change when responsiveness is critical. Obviously consultation is very important but I see this as bedded in...

Order of Business (23 Oct 2013)

Frances Fitzgerald: It is not a legislative matter.

Written Answers — Department of Children and Youth Affairs: Mental Health Services Provision (24 Oct 2013)

Frances Fitzgerald: Following a Government decision on the Heads of Bill in November last, work on the drafting of the legislation - the Child and Family Agency Bill - was advanced in conjunction with the Office of Parliamentary Counsel. The Child and Family Agency Bill was published on Friday 12 July, 2013 and progressed to Committee Stage on 22nd October, 2013. The establishment of the Child and Family...

Written Answers — Department of Children and Youth Affairs: Child Care Qualifications (24 Oct 2013)

Frances Fitzgerald: In responding to the Deputy I am taking quality control areas to mean both the HSE Early Years Inspectorate and the new quality support service to support childcare providers in improving the quality of their services which I announced in Budget 2014. The purpose of an internship is to give graduates an opportunity to gain work experience in their chosen field. It is important to ensure...

Written Answers — Department of Children and Youth Affairs: Child Abuse Issues (24 Oct 2013)

Frances Fitzgerald: I propose to take Questions Nos. 220 to 227, inclusive, together. The available information on reports of sexual abuse to social work departments was provided in my reply to the Deputy dated 16 October last. The number of reports in each of the years requested by the Deputy is set out below in Table 1. Table 1. No. of sexual abuse reports. Category 2010 2011 2012 Reported 2,692 3,326...

Written Answers — Department of Children and Youth Affairs: Departmental Expenditure (24 Oct 2013)

Frances Fitzgerald: The Estimate provision for my Department in 2014 will amount to €449 million which consists of €414 million in current expenditure and €35 million in capital expenditure. The allocation represents an increase in net expenditure of almost €15 million or 3% over the 2013 resource provision. This level of funding is especially significant when account is taken 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: We have had a discussion on this amendment previously in which I made a number of points. Clearly, this Bill is a major part of the reform of children's services we are undertaking. For the first time, there will be very strong provisions in legislation relating to the abuse of children and the best interests of the child. The fact that preventive family services will be included is...

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: Section 9(3) states: "The Agency shall, when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), ensure that consideration is given to the views of children as part of any consultation processes undertaken". That is groundbreaking and has never before been included in legislation. It is all about hearing views...

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 have already referred to the section that I believe is very strong in respect of this. It is ground-breaking and is the first time there has been a provision in any legislation stipulating that when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), the agency will ensure that consideration is given to the...

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: Just as the courts examine how they can best hear the views and voices of children and give much consideration to that, I agree with Deputy Conway when she says that practice will be the critical issue here, as it always is. I would also say that there is a strong legislative base. I understand the point that Deputy Troy is making. However, in respect of the intent of his amendment, if he...

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. 20: In page 13, subsection (3), line 36, to delete "as part of any consultation processes undertaken".This amendment proposes to delete "as part of any consultation processes undertaken" in section 9(3). Section 9 appropriately requires the best interests principle and the views of the child to be applied in all of the agency's external functions. The effect of the...

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 make it very clear that the views of children can be heard in a variety of ways. The Deputy has asked where, but what is intended is that the agency will provide services for children, through which services the views of young people and children can be heard and taken into account. For example, their views can be canvassed in the drawing up of individual care plans. Complaints can be...

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 believe the Deputies are underestimating the strength of this provision and the importance of its inclusion in the legislation. Deputy Caoimhghín Ó Caoláin referred to the best interests of the child in the context of actions taken by an arm of the State under section 12. The Bill is very strong on the views of children and this is the first time it has been included in...

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: Careful thought has been given to the phrasing of the legislation here. We want to ensure that the views of the individual child, where that child is capable of forming and expressing his or her views, are ascertained and given due weight, having regard to the age and maturity of the child. I am satisfied that the principle of hearing the views of the child is clear in this provision. We...

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: Amendment No. 23 to section 9(4) broadens the operation of this section to provide that when performing its functions in respect of an individual child under other specified Acts - not just the Child Care Act 1991 and the Adoption Act 2010 - the agency will get the views of the child and give them due weight, having regard to the age and maturity of the child. At individual level, it is...