Results 5,761-5,780 of 20,459 for speaker:Frances Fitzgerald

Written Answers — Department of Children and Youth Affairs: Child Protection (3 Dec 2013)

Frances Fitzgerald: The findings of the National Review Panel Reports consisted mainly of operational learning points. The HSE accepted all of these recommendations and has been undertaking a country-wide process to improve practice in relation to such cases across the country. Most recently this process has involved the convening of a series of workshops for social work staff and managers nationwide. A minimum...

Written Answers — Department of Children and Youth Affairs: Foster Care Provision (3 Dec 2013)

Frances Fitzgerald: The HSE compiles monthly performance reports which include statistics in relation to children in care. These reports are published on the HSE website. The latest published report shows that there were 6,465 children in the care of the HSE in September 2013, of which 1,888 (29.2%) were placed with relative foster carers. All prospective foster carers or applicants undergo an assessment and...

Written Answers — Department of Children and Youth Affairs: HSE Staffing (3 Dec 2013)

Frances Fitzgerald: As this is a service matter for which the HSE has responsibility, I have asked the HSE to respond directly to the Deputy.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I agree that educational welfare is an important aspect of the work of the new agency. In this regard, I refer the Senator to section 72(2) of the Bill which states: The functions vested in the National Educational Welfare Board by or under section 10(1) of the Education (Welfare) Act 2000 shall, on the establishment day, stand transferred to the Agency.Regarding the functions of the...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I refer the Deputy to the following definition in section 2: "family" means 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;"It is a broad definition that encompasses a wide group of people who might have concerns about...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: The provision in section 41 for a performance framework will capture this concept of consistency. The important words "perform", "transparency" and "accountability" are written into the legislation. Consistency in regard to standards, which is absolutely essential, will be captured on an ongoing basis via the performance framework.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: Section 8 deals with the services the agency shall directly provide. While it will have psychologists working within it, the agency will not in itself provide specialist mental health services, which will remain under CAMHS. The establishment of the new agency is a major task of public sector reform, involving the bringing together of three existing agencies and the transfer of 4,000 staff....

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: To clarify, they are not ruled out, but the Bill must be clear about which services will transfer. This is the only way there can be that clarity in terms of accountability.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: In section 9(2) the issue of paramountcy is acknowledged and restated. It provides that in the performance of its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010 the agency shall regard the best interests of the child as the paramount consideration. It takes what is already in the Child Care Act, builds on it and includes it in this...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I will certainly have a look at that and see quite how it fits with the formulation we have used in this legislation. I repeat that the phraseology used in sections 9(1) of the Bill, which refers to having "regard to the best interests of the child in all matters", is quite strong. I will examine the comment mentioned by the Senator to see what it says and come back to her on the matter on...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I am satisfied that the provision I have made in section 9 has the intended effect, which is to create a child-centred approach to decision-making while restating the specific requirements for paramountcy in certain specific processes. I do not think there is a need to restate in this Bill the existing provisions relating to proceedings before a court or the Adoption Authority. Those...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I think the same response applies to this amendment.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: It will be possible for that to be done by means of ministerial direction. Given that the Bill contains many good governance provisions, I expect that there will be transparency in this regard as well. As the Senator knows, the board is currently constituted as the board of the Family Support Agency. A certain level of remuneration is paid in the usual way in that context. I will provide...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: Section 39 deals with this matter to a certain degree. Part 5 provides for matters relating to standards of integrity, codes of conduct and gifts. Section 36 provides that persons, including board members, shall maintain proper standards of integrity, conduct and concern for the public interest. I understand the attention as the Senator has described it but references to the agency in...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: The board is the governing body of the agency with the authority, in the name of the agency, to perform the functions of the agency. When we refer to "agency", it is a reference to the board of the agency under section 21(1). When we refer to it in the section relating to gifts, it is a reference to the board of the agency.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I am informed that the word "judgment" can be spelled either way and that in legal terms it is generally spelled with the "e" . That is the information I have been given. I think the Senator disagrees. In my view this is an unnecessary amendment as it would not be possible for the Minister to give a direction that is not consistent with the agency's function. The agency can only act...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I will give a final clarification on Report Stage. I am advised that legal judgments tend to use the spelling of the word with an "e" but that the spellings are interchangeable.

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: Section 21(1) reads: "The Board shall be the governing body of the Agency with authority, in the name of the Agency, to perform the functions of the Agency." This is clear and unequivocal. I am satisfied that references to the agency in this context are to its board. Therefore, it is not necessary to insert a reference to the board where there is already a reference to the agency. When...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: I refer the Senator to subsection (f), which reads: "ensure, having regard to net expenditure limits determined under section 45, the integrity of the Agency's accounting and financial reporting systems [surely this includes the reporting of key decisions taken in the course of the agency's work], including the independent audit, and that appropriate systems of control are in place, in...

Seanad: Child and Family Agency Bill 2013: Committee Stage (3 Dec 2013)

Frances Fitzgerald: Something that the agency must do as soon as it is appointed is devise a code of governance. The Minister of the day also has the power to issue guidelines, not just directions. There is no reason that the issues raised cannot be addressed within a code of governance or ministerial guidelines. The mechanisms mentioned by Senator Hayden are in place to deal with such issues. The appointment...