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Written Answers — Department of Children and Youth Affairs: Children in Care (20 Nov 2013)

Frances Fitzgerald: The information sought by the Deputy will be provided to him this week.

Written Answers — Department of Children and Youth Affairs: Children in Care (20 Nov 2013)

Frances Fitzgerald: The HSE has advised that since January 2013, children have been detained under a special care order outside the State in St. Andrews, Northampton; Oakview Hospital, Kent; St Mary's Scotland and Boystown, Nebraska.

Written Answers — Department of Children and Youth Affairs: Health Services Provision (20 Nov 2013)

Frances Fitzgerald: The Assessment, Consultation and Therapy Service (ACTS) is a national specialised clinical service which has been developed in order to provide multidisciplinary consultation, assessment and focused interventions to young people who have high risk behaviours associated with complex clinical needs. ACTS began operating as a service on the appointment of the national manager in September...

Written Answers — Department of Children and Youth Affairs: Departmental Bodies Data (20 Nov 2013)

Frances Fitzgerald: I would like to inform the Deputy there are four agencies which are funded by the Exchequer through my Department's Vote. These are the Adoption Authority of Ireland (AAI); the Family Support Agency (FSA); the National Educational Welfare Board (NEWB) and the Ombudsman for Children’s Office (OCO). With effect from 1 January 2012, I have taken responsibility for the Children...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: I move amendment No. 1:In page 12, between lines 10 and 11, to insert the following:“(2) The Agency shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name.”.I welcome the opportunity to again discuss the Child and Family Agency Bill 2013 following Committee Stage. This amendment which seeks to insert a new subsection (2) into...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: I thank the Deputy for his amendment and support for the development of the agency in general. He wants the term "educational welfare" to be specified, but the functions of the National Educational Welfare Board, NEWB, will be transferred to the new agency. The Deputy will accept that this is included in the legislation and that it is very clear that the board's functions will be carried...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: This is an issue of how, in legislative terms, we approach the welfare and protection of children. The particular issue we are discussing today is school attendance. Two weeks ago, I launched the most up to date school attendance records that are available. The good news is that there have been extraordinary improvements in school attendance in the country. All of the evidence suggests...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: I refer the Deputy and the House to page 10 of the Bill as amended on Committee Stage. The definition of "family" included in the Bill is "spouse, parent, grandparent, step-parent, child (including a step-child), grandchild, brother, sister, half-brother, half-sister, and any other person who, in the opinion of the Agency, has a bona fide interest in the child". The Deputy will agree this...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: The definitions contained in the Bill are very expansive. For example, the definition of "couple" refers to a married couple, civil partners within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a man and a woman who are not married to each other but who are cohabiting as husband and wife or two persons of the same sex who are cohabiting in...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: There is no question but that consistency is a key element of performance, transparency and accountability. The Bill states, "The Agency shall, in the performance of its functions, demonstrate high standards of performance, transparency and accountability". Clearly, having a high standard of performance would ensure a consistent approach; therefore, I do not believe a separate expression is...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: The term "high standards of performance" in respect of children's services clearly encapsulates a requirement to provide a consistent service. One other point that needs to be made is that it is clear, for example, in terms of the volume or location of services, that one must take account of local need and variations in need. One must ensure that responses are being provided. While we want...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: I assure Deputy Ó Caoláin that the Equal Status Acts of 2000 and 2012 apply absolutely to the provisions of the Child and Family Agency and, therefore, do not need to be restated in the Bill. As he will be aware, once there is primary legislation that is absolutely clear about discrimination and equality, there is not a need to repeat it in the Bill but it applies absolutely to the...

Child and Family Agency Bill 2013: Report Stage (21 Nov 2013)

Frances Fitzgerald: I disagree with Deputy McConalogue. I have given the strongest reason, that it is already in legislation. One does not have to repeat it. When one has strong legislation in place to deal with a particular issue, that is, equality and non-discrimination, it is not the practice to repeat it in new legislation. That is the reality of the situation. However, I take the point Deputy Ó...

Finance Bill (No. 2) Bill - Allocation of Time: Motion (21 Nov 2013)

Frances Fitzgerald: I move:That, notwithstanding anything in Standing Orders: (1) The proceedings in the Select sub-Committee on Finance on the Finance (No. 2) Bill 2013 shall be brought to a conclusion in accordance with the following timetable:- Date: Proceedings: To conclude not later than: Tuesday, 26th November Part 1 (sections 1 to 7) 5 p.m. Part 1 (sections 8 to 19) 10 p.m. Wednesday, 27th November...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I move amendment No. 7:In page 13, line 15, after “shall” to insert “facilitate and”.It was suggested that the insertion of "facilitate" into subsection (8) would bring clarity to the role of the agency. I said on Committee Stage that I felt the word "promote" adequately dealt with this issue and that it would include facilitating, but I have reflected on it...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Section 50(2) provides that the first code of governance will include details of the methods to be used to bring about the integration of the governance systems deriving from a transfer of functions to the agency from the HSE and the other dissolved bodies. This subsection spells out the code governance that will apply to ensure we achieve integration of the three agencies that are becoming...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: The Deputy referred previously to the recommendations of the Joint Committee on the Constitutional Amendment on Children and their rights. These have been given substantial legal scrutiny since February 2010 and in as far as we could, the recommendations were contained in the Thirty-First Amendment of the Constitution (Children) Bill 2012 passed by the House. The amendment on the rights of...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Deputy Caoimhghín Ó Caoláin did a lot of work at the Joint Committee on the Constitutional Amendment on Children. In its report the committee endorsed the fundamental principle of the UN Convention on the Rights of the Child, as identified by the UN Committee on the Rights of the Child, which states the best interests of children are a primary consideration in all actions...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I am sure the Deputy will agree that the section as drafted makes the child's voice a central factor in decision making and the proofing of decisions. It breaks new ground to have it expressly articulated in legislation that consideration will be given to the views of children in planning and reviewing the provision of services under the new structure. It is there in black and white in the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I totally accept the Deputy's bona fides in this matter and am very grateful for his unequivocal support for the passage of this legislation and for the concept of bringing the different services together to work under the remit of the new child and family agency. I have considered his amendment carefully. From the very beginning of this process, I have taken the views of Deputies opposite...

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