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Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: We did not, unfortuntely, have this discussion during the Second Stage debate because the issue had not been exposed. I will conclude. I intend to address the Bill in a very serious way, as it deserves. However, the remarks of Mr. Jeyes are not reasonable. If the issue concerned the inappropriateness of the placements, it should have been dealt with in a very different manner. Nobody-----

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: The remarks are already in the public domain.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I want to ensure the best standards and practices apply in the protection of children. That is the only concern I have had from day one in terms of my role in this portfolio. I am saying without fear of challenge that a decision to lock the doors of this unit was made by individuals who had no authority, legal or otherwise, to so direct. It is a very serious matter and one that cannot be...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Make no mistake about it, this relates to the Bill.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: No, I am not. The Child and Family Agency is a transitional-----

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: No, I am not, with respect. We will go astray if we are not prepared to face these difficult issues. Facing them is the only way we can solve the problems and ensure they will not continue into the future.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I support the amendment. While I note the Minister has addressed some of the issues we have raised, I hope she will not copy the disposition of the Minister for Health who blanket-refuses any of the amendments presented by the Opposition which have been thought through carefully. I appeal to the Minister to consider favourably several Opposition amendments that are meritorious. I hope we...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No.2: In page 12, subsection (1)(b), line 9, after “the” to insert “educational welfare,”.Section 8(10)(b) states the functions of the agency shall be to support and promote the development, welfare and protection of children. This amendment proposes to include educational welfare as a function too. The Minister may argue the use of the term...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: The Minister’s response is pretty well as I anticipated, unfortunately. I believe even with the NEWB being an integral part of the agency that there is a need for the affirmation of the importance of educational welfare. It is one of the most important cornerstones in the preparation of any young person. Accordingly, it should be enshrined in the legislation as a critical element of...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Nowhere else in the section on the functions of the agency is there a reference to educational welfare. The only other point with regard to subsection (4)(d) concerns the education of persons with special educational needs. Including a reference to educational welfare vis-à-vis the functions of the agency would in no way suggest it was its sole responsibility. Nobody for one moment...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 4: In page 12, subsection (1)(c), line 12, to delete "families" and substitute the following:"all families and the role of parents or guardians therein as integral to the achievement of paragraph (b) above".What is sought is a change to section 8(1)(c) which reads that a function of the agency will be to "support and encourage the effective functioning of families". We...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: We have gone through the Bill thoroughly and put much work into it. We do not have to be referred to any other section to give voice or support to any position the Minister wants to take. This specifically concerns the functions of the agency. As appropriate, we should make reaffirmations if this is what we believe is required. In this instance, I believe a reference to all families is...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Can I ask a question? I understand that I cannot move my amendment.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Can I ask a question? I know that the Chairman is not the author of the decision but his is the unfortunate name appended to the letter of advice which states: Dear Deputy Ó Caoláin, I regret to inform you that Amendments 6, 71 and 72, tabled by you for Committee Stage of the above Bill, must be ruled out of order as they involve a potential charge on the Exchequer.Let me examine...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I have raised the matter so it opens the door. I appeal on the Minister to reflect on the words presented or words akin to what I have placed in amendment No. 6. If I, as an Opposition voice, cannot bring forward an amendment that mirrors the same position, perhaps the Minister might do so at Report Stage.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I wish to record my welcome for the Minister's amendment. I have examined it to try and sense if there was any diminution or dilution of the existing provision but did not find any. Therefore, I accept her amendment in good faith and it ensures greater clarity. That is the best answer that I can give. I support the amendment.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 10: In page 13, subsection (5), lines 5 and 6, to delete “and accountability” and substitute “, accountability and consistency”.It currently reads: (5) The Agency shall, in the performance of its functions, demonstrate high standards of performance, transparency and accountability.We week to delete to words "and accountability" and add...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: At the outset and I will not go back there again, I would not like anyone to take up from the Minister's reply that it was the staff at Rath na nÓg who made the decision to lock up from 9 p.m. to 7.30 a.m. They were acting under instruction from the national office. I do not believe that the professionals would have viewed it as in any way enhancing the critical approach they would...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: In what section of the Bill is the Minister suggesting we place the need for consistency?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: This refers to additional guidelines, but I would like best practice to be established from the outset, which is the reason the amendment is raised where it is - in the section dealing with the functions of the agency. While I accept the Minister has endeavoured in some way to meet our concerns with her proposal, I do not accept that my concern is covered by the suggestion that this is...

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