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Written Answers — Department of Children and Youth Affairs: Youth Cafes Expenditure (5 Dec 2013)

Frances Fitzgerald: The Youth Affairs Unit of my Department supports the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth sector. Total funding of €1.75m has been provided to my Department for a new capital funding programme for 2013 to support projects in the youth services, including new Youth...

Written Answers — Department of Children and Youth Affairs: Departmental Reports (5 Dec 2013)

Frances Fitzgerald: My Department's Annual Report for 2012 has been laid before the Houses of the Oireachtas and is available on my Department's website www.dcya.gov.ie.

Written Answers — Department of Children and Youth Affairs: Child Poverty (5 Dec 2013)

Frances Fitzgerald: Last week, with my colleague the Tánaiste and Minister for Foreign Affairs and Trade Mr. Eamonn Gilmore T.D., I announced that an additional nine areas have been selected to enter the design stage of the Area-Based Childhood (ABC) Programme 2013-2016, in line with a key Programme for Government commitment. This brings the total number of areas that will participate in the ABC...

Written Answers — Department of Children and Youth Affairs: Children in Care (5 Dec 2013)

Frances Fitzgerald: The HSE advised that as this case is subject to legal proceedings and the in camera rule, it is not appropriate to comment any further on the specific aspects of the case. The HSE will work closely with the family, ensuring that all views are considered in order to achieve the best outcome for the children.

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I will begin by noting that I have taken a collaborative approach to the development of this legislation with both non-governmental organisations, NGOs, and Members of both Houses. I tabled quite a number of amendments on Committee Stage at an earlier point in the Bill's development and took on board the vast majority of the recommendations made from the NGO sector, for example, which were...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I have included a very strong provision in the Bill regarding family support and early intervention. We have already dealt with that issue. In regard to the issue of different family formations, the definition of "family" in section 2 is probably one of the most inclusive definitions used in any legislation. It was included precisely to address the points raised by Barnardos and is as...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: Senator van Turnhout's analysis is incorrect. Certain services are transferring to the new agency on the establishment day, which we hope will be 1 January 2014. What we are doing in section 8 is clarifying the services that will transfer. The task force recommended that specialist mental health services be considered for inclusion within the remit of the agency. At this stage of the...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: When the UN committee reports on the next occasion it will also cite the referendum on children, the Adoption Act 2010 which included the paramountcy principle and a number of other initiatives, including this Bill. This Bill contains, for the first time, a novel and wide-ranging commitment, which is not featured in any other way in Irish statute law, regarding the best interests of the...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: Where any individual proceeding is being taken under the Child Care Act or the Adoption Act, the agency is already required to uphold the best interests principle. Section 23 of the Child Care Act is explicit in this regard and covers any action of the agency in the context of fulfilling its function under the Act, for example, arrangements in respect of the adoption of a child under section...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: As regards the proposed amendment, Senators will realise that any well-functioning organisation will take decisions based on available evidence. Much evidence in respect of service provision will emerge from client feedback, participation in respect of reviewing how services are impacting on people, quality reviews and audits, of which we have a lot now. For example, when HIQA does its...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: Lest there is any doubt on this matter, section 9(4) was expanded on Committee Stage to include functions under the Education (Welfare) Act and other specified functions. Concern was expressed that in the school situation the views of the child might not be taken into account. In so far as I have authority in relation to educational functions under the Education (Welfare) Act, I have...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I refer Senator van Turnhout to section 39(1) which deals not with gifts to individuals but to the agency. A gift to the agency could, for example, be a property in which to run a service or one from a philanthropic organisation. The Bill clearly states that any such gift should not be inconsistent with the functions of the agency or its obligations under the legislation. It also sets out...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I am of the view this amendment is too prescriptive and could create inflexibilities. The Senator will see that in respect of the membership of the board of the agency, in section 19(2)(b), I have stated that members of the board should have experience in matters connected to organisational governance, management or public administration. The function of the board is to oversee the...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I have already clarified on Committee Stage that the Bill provides that the board is the governing body of the agency. Senator van Turnhout made a number of points in this regard and I hope it has been clarified that it refers to the agency. The Bill provides that the board is the governing body of the agency with authority in the name of the agency to perform the functions of the agency....

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: Senator van Turnhout should allow me to give her the benefit of my research on this matter. I am advised that these two spellings are used interchangeably throughout the Statute Book. I understand, and have taken the advice of the Attorney General in this regard, that it is more usual to use the spelling "judgment". This spelling occurs more than 900 times throughout the Statute Book,...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I believe I went into some detail on this issue on Committee Stage. This amendment is unnecessary, as it would not be possible for the Minister to give a direction that is not consistent with the agency's functions. The agency can only act within the parameters set out in section 8. It also is inconceivable that the Minister would issue a direction that goes against the best interest...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: Under section 56(13), the Minister may prescribe requirements, which could include requiring service providers to take into account the best interest of the child where the service provider is engaged in relevant services. In addition to section 56(13), under section 56(15) a service provider is defined as a person providing child and family services "that are similar to activities carried...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I discussed the role of HIQA with Senator Leyden on Committee Stage and how the authority has already moved in and is dealing with issues relating to child protection. That is very welcome. I made the related order last year. The authority has already published several reports. The Health Information and Quality Authority is an independent organisation with the legal powers, under the...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: For the purposes of the new part 7A of the Child Care Act 1991, the definition to be applied to preschool services is as follows: "any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children." The key element of this definition in respect of the proposed amendment is the inclusion of the phrase "any pre-school... or other...

Seanad: Child and Family Agency Bill 2013: Report Stage (5 Dec 2013)

Frances Fitzgerald: I have done a good deal of work to respond to the various amendments put forward today. I believe I have given a good deal of detail on the amendments that have already been accepted and how they cover many of the issues that have been raised. I have explained the position in respect of several of the Senator's amendments and the precise reasons that they are already covered. In respect of...

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