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Seanad: Civil Law (Missing Persons) Bill 2013: Second Stage (20 Nov 2013)

Jillian van Turnhout: I welcome the Minister. I particularly welcome Senator Colm Burke's initiative which has us all in agreement. His Bill addresses a clear lacuna in the law governing the management of the state of a missing person presumed dead and is in keeping with the recommendations of the Law Reform Commission's report, Civil Law Aspects of Missing Persons, which was published in January. As Senator...

Joint Oireachtas Committee on Health and Children: Prevention and Treatment of Lyme Disease: Discussion (21 Nov 2013)

Jillian van Turnhout: I have a very short question, because I know we are under pressure for time. I came here to learn about this and I thank everyone involved. Some of the evidence we have heard refers to how much the symptoms being experienced must be articulated by somebody. Obviously, children do not have the same ability to do that as a fully developed adult. Are those figures presented evenly spread?

Seanad: Order of Business (26 Nov 2013)

Jillian van Turnhout: I too welcome the announcement of the Bill relating to Seanad reform, but it is only a small step. When the Taoiseach was in this House, he said there would be a meeting with leaders on reform, but I have not heard of any date for that meeting. Will the Leader advise us on whether a date has been set for that meeting? The people voted and gave us a mandate and we now need to see reform....

Joint Oireachtas Committee on Health and Children: Health Information and Quality Authority Corporate Plan 2013-2015: Discussion (26 Nov 2013)

Jillian van Turnhout: I do not want to stray from the corporate plan, which I fully endorse, but Rath na nÓg was raised. I understand that a staff member alerted HIQA, which investigated Rath na nÓg and------

Joint Oireachtas Committee on Health and Children: Health Information and Quality Authority Corporate Plan 2013-2015: Discussion (26 Nov 2013)

Jillian van Turnhout: My concern is with the chilling effect of the way HIQA reports are then used. If HIQA comes in, we now have a serious crisis on special care placements and then a waiting list, which goes against practice.

Seanad: Child and Family Agency Bill 2013: Second Stage (27 Nov 2013)

Jillian van Turnhout: Hear, hear.

Seanad: Child and Family Agency Bill 2013: Second Stage (27 Nov 2013)

Jillian van Turnhout: The Minister is, as always, very welcome to the House, especially so given her introduction of the Bill before us. It provides us with immense potential to streamline and co-ordinate services for children. It is a huge and impressive undertaking involving three source agencies – the HSE, the Family Support Agency and the National Educational Welfare Board. I see the evidence and...

Seanad: Child and Family Agency Bill 2013: Second Stage (27 Nov 2013)

Jillian van Turnhout: Hear, hear.

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

Jillian van Turnhout: I move amendment No. 1: In page 12, line 16, after "the" to insert "educational welfare".Amendment No. 1 corresponds to an amendment that was discussed in the Dáil and, as such, I do not propose to talk at length about it. I studied the Official Report carefully as the Bill went through all Stages in the Dáil and remain convinced of the need to include a reference to "educational...

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

Jillian van Turnhout: I do not propose to press the amendment.

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

Jillian van Turnhout: I put forward amendment No. 4 in error. What I had intended to propose, and which I may do on Report Stage, relates to subsection 8(4)(a). This subsection states that among the services not included within the provisions of the Bill are "psychological services associated with the provision of specialist mental health services to children". I spoke on Second Stage of my regret that the...

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

Jillian van Turnhout: I appreciate the Minister's reply. My difficulty is that it is being specifically excluded. I understand that this outlines the functions of the agency, but my difficulty is that we are excluding it. I raise it now because I might table an amendment on Report Stage.

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

Jillian van Turnhout: I move amendment No. 6: In page 13, to delete lines 30 to 32 and substitute the following: “9. (1) The Agency shall, when making decisions in relation to the performance of its functions under section 8(1)(a), (b) or (c), in respect of an individual child or family, regard the best interests of the child as a primary consideration.”.This is my most substantive amendment. The...

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

Jillian van Turnhout: No. The UN makes a clear distinction. In Ireland, we use the term "paramount consideration" in our legislation on adoption, custody, access and guardianship. Nobody has any dispute about that. As I have said, Article 3 of the UN Convention on the Rights of the Child articulates that "the best interests of the child shall be a primary consideration" in other types of areas and issues that...

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

Jillian van Turnhout: Yes. I intend to return to the matter on Report Stage.

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

Jillian van Turnhout: I fully endorse the Minister's decision not to take a prescriptive approach to the appointment of board members. Such an approach is not articulated in this Bill. I did not have a chance to make this point on Second Stage in the time available to me. It is important that the Minister has taken the right approach. I hope we can consider the seven principles of public life, which are often...

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

Jillian van Turnhout: I would like to make a brief comment on the remuneration and expenses of the members of the boards and committees. Can the Minister advise us whether there are any current payments to board members? If there will be payments to board members in the case of the new agency, will details of those payments be published? If the Minister cannot answer that question today, perhaps she will come...

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

Jillian van Turnhout: I move amendment No. 11: In page 31, between lines 4 and 5, to insert the following: “(3) The Agency must advise the Board, on an annual basis, of gifts accepted that are above the value of €500.”.Section 39 states that the agency shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with the functions or the obligations of the agency...

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

Jillian van Turnhout: I ask the Minister to clarify a point. I found the Bill somewhat confusing in that this section 39 refers to the board of the agency but the preamble to the Bill defines the agency and the board of the agency. The agency means the child and family agency established under section 7 of the Bill. The board is also defined. I ask why the definitions are not more precise. In a future...

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

Jillian van Turnhout: I will reserve the right to table the amendment on Report Stage. I would like to look at it in greater detail. I am concerned about the differentiation.

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