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Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: We can choose to press amendments or we can seek to work with the Minister to consider the matter further on Report Stage. My colleagues may wish to press the amendment, and if they do, I will support that.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I move amendment No. 14: In page 9, to delete lines 1 and 2.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I have had regard to public interventions. In one case, a solicitor of long standing who is operating in Cork, Mr. Colm Roberts, is on the public record as part of process of interrogating and examining the role of guardians ad litem. He stated in a recent presentation: In 2009 I raised my concern in another child care case before the District Court in Cork as I believed that as a legal...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I have sympathy for Mr. Roberts if he represents a parent. I mention Mr. Roberts in particular because he is on the public record having made submissions to this process and Bill but he could be any solicitor around the country. This is an adversarial system. I have sympathy for the Minister when she states that the guardian ad litemis not automatically a party to proceedings. However, we...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I want to confer with my colleagues for a moment, if I may. It is like being on a quiz show.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Subject to the agreement of my colleagues, that seems to be a reasonable proposal.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I move amendment No. 15: In page 9, line 6, to delete “subject to subsection (3),”.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: It will be clear to the Minister that we are also engaging with the relevant stakeholders in respect of these amendments. We are proposing these amendments jointly on foot of advice we have received. We reserve the right to revisit these amendments subject to a discussion with the various stakeholders with whom we have been engaging.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: In support of that, the reasoning for our amendments is that guardians could and would have the time to engage with children in a way that social workers would not. We have borne witness to the infrastructure that exists in this country, the shortage of social workers, the constraints and so on. Where there were court proceedings, the guardian ad litemwould fulfil a specific role. I do not...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: We are not saying that they are either.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I move amendment No. 16: In page 9, to delete lines 23 to 25.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I move amendment No. 19: In page 9, line 32, to delete “to that party” and substitute “that party shall be provided with a reasonable opportunity to read the report,”.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: May I get written statement in regard to the ruling on amendment No. 24?

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I will withdraw it, while reserving the right to revisit the issue on Report Stage.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I move amendment No. 27: In page 17, to delete line 3 and substitute the following: "2012. Annual Report 35R.The Minister will cause an annual report in respect of the management and functioning of the national guardian ad litemservice to be published on an annual basis by or before the conclusion of each calendar year.".".

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: My first instinct in regard to what the Minister is proposing to introduce on Report Stage in regard to having her officials attend at family courts is to be concerned about it. However, we will have an opportunity to examine that proposal further on Report Stage. I would like to speak to section 35-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I accept what the Minister said. I will withdraw the amendment, while reserving the right to reintroduce it on Report Stage but I do not understand why the Minister cannot accept it.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: In light of what the Minister said subsequent to speaking to my amendment-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: My understanding of what the Minister said is that she proposes to bring forth an amendment to allow her officials to attend judicial proceedings. I am worried about the proposed new section 35D(2) of the Child Care Act 1991, as inserted by the section of the Bill we are discussing, which states: Following the making of an order under section 35B(3), the Minister may at the request of the...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Will it be left to the discretion of the District Court judge?

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