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Order of Business (14 Jul 2011)

Caoimhghín Ó Caoláin: -----and shame on Deputy Charles Flanagan for this volte-face six months later.

Order of Business (14 Jul 2011)

Caoimhghín Ó Caoláin: I do, Deputy Barrett.

Order of Business (14 Jul 2011)

Caoimhghín Ó Caoláin: I would not do that Ceann Comhairle.

Order of Business (14 Jul 2011)

Caoimhghín Ó Caoláin: I thank the Ceann Comhairle for that decision. I welcome it, and it allows the House the opportunity to debate the matter. I hope the House will support it.

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Caoimhghín Ó Caoláin: Perhaps there is a little confusion about this matter. There is a provision in the agreed Order of Business that the Minister and Opposition spokespersons will have an opportunity to speak for 15 minutes on the amendment on the secondary notices of motion. I am advised that the first motion is not being proceeded with while the second is being pressed.

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Caoimhghín Ó Caoláin: The motion before us relates to one particular amendment requiring the Health Service Executive to furnish, in the public interest, information and documents to the Minister for Children and Youth Affairs. That is a reasonable request with which I do not have a difficulty and will, therefore, support. I presume the motion is technically required to recommit the Bill to committee to address...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: Is a grouping sheet available?

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I understand and support the objectives of these amendments and I will support them.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I move amendment No. 9: In page 8, line 35, to delete "detention" and substitute "placement". This amendment is representative only, because the requirement would be to amend the reference to the word "detention" no less than 70 times throughout the Bill. I remember that point being made by Deputy Jan O'Sullivan here on 18 January; she had gone to the trouble of counting the number of times...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: At no time in the course of her response to the arguments I offered in support of my amendment did the Minister refer to detention orders or special detention placements. Rather, she referred to special placement orders and children placed in care. It was only at the very end that she utilised the term "detention". We must recognise that language is hugely important. Children can be made...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: Do I have much time left for this contribution?

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: We can talk our way around matters of this nature. The truth is, however, that outside this institution and in the context of the parsing of language, the understanding within the wider community is that people placed in detention are there on foot of some wrongdoing on their part. As the Minister indicated, that is not the case with the relatively small number of people about whom we are...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I will not belabour the point because I have already made my arguments in support of the amendment. A few months ago I reminded the Minister that this is the Child Care (Amendment) Bill 2009. It was presented to the House by the then Minister for Health and Children and the Report Stage debate is being taken by the Minister for Children and Youth Affairs. The legislation was not prepared...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I move amendment No. 10: In page 45, between lines 42 and 43, to insert the following: "(2) The Health Service Executive shall have regard to the views of the child, taking into consideration the child's age and understanding. Prior to taking steps under this section, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: The views of the child should be regarded by the Health Service Executive prior to any steps being taken under section 23ND of the Child Care Act 1991, as inserted by section 9 of this Bill. I am not convinced by the Minister's proposition that there is absolute statutory provision for this requirement. She and I had a united position on this matter in the past, but that seems no longer to...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I do not accept this requirement, which is imperative in addressing child care, is covered within the Bill. It is the critical additionality required in order to impose on the HSE and those working under its aegis in the area of child care an obligation that they adhere absolutely to what we are arguing for, namely, the right of children to be heard in the context of their health needs. We...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I move amendment No. 13: In page 64, to delete lines 1 to 8 and substitute the following: "(a) the guardian ad litem appointed may appoint a solicitor to represent them in respect of those proceedings and give directions as to the performance of the solicitor of his or her duties, which may include, if necessary, having regard to the circumstances of the case, directions in relation to the...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: I thank the Minister for her response, indicating that she intends to bring forward an amendment in the Seanad. May I clarify if the Bill will come back to the Dáil before the end of the session?

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: Will we have the chance to conclude all stages of the Bill?

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Caoimhghín Ó Caoláin: Where I stand in all of that will be reached when I table my next amendment. I welcome the Minister's willingness to take on board what I proposed in amendment No. 13, as tabled on the Report Stage amendment list. I look forward to seeing the outworking of that by the Minister.

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