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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 (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: In which subsection?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: What will be the status of the Family Support Agency on the establishment of the child and family agency? What areas of responsibility of the Family Support Agency as currently constituted will not be transferred to the new child and family agency? Where will those responsibilities rest into the future?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: Will the Minister indicate to which amendment she is referring?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: I have some ongoing concerns. This was dealt with when we discussed amendments Nos. 7 and 8, which we supported. We did not link that with the proposition to delete the reference to the transfer. With respect, we are entitled to have sight of exactly what is in the Family Support Agency Act 2001 that the Minister does not envisage being transferred. If these functions are not being vested...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: I am sorry to labour this point a little, but that is what we must do at this stage. This refers back to what I said earlier about the family resource centres and the feedback I received from them with regard to their concern about dropping the word "support" from the title of the new agency. That concern is out there and is real. I have endeavoured to counter that concern and to explain...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: That is very difficult to follow, I must say. I am nervous about it and concerned at the very convoluted presentation of the case. I had noted the proposed amendments but am deeply concerned by what I have heard here, as against what I was expecting to hear. I have serious concerns and I do not think the Minister is going to be able to allay them. I am not at ease with this. That is the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: If a briefing note could be furnished to me with the particular details required, I would appreciate it. I am not trying to be obstructive. That is not my disposition here. It is a fair and reasonable request. Our responsibility in the Opposition is to test what the Minister presents. If we are unhappy or have any concerns, it would be very remiss of us not to voice them.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: I do have concerns because of the potentially significant consequences of what the Minister is now suggesting.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: No, because of the reasons I have outlined.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: Are we dealing with the transfer of certain employees of the Health Service Executive?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: I refer to section 83(1), on page 53 of the Bill, which states: "Such persons as are designated by the Minister for Health, following consultation with the Minister, and who, immediately before the establishment day". This refers to a "day", or "days", but surely what we are establishing here is a single entity so why should there be establishment of a "day" or "days"? With respect, we are...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: In every preceding section of Part 10, in sections 71 to 81, inclusive, and also in Part 2 of the Bill, in section 82, there was mention of an establishment day. This is beyond me. I will not get hung up further about the phrase "or days" but this makes no sense. The Minister is making a considerable change in this regard. Either there is one establishment day for the new agency or there...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: Of course it is about the establishment day of the agency. It is that and nothing else. No amount of playing with it will change it from it actually is, namely, the establishment day.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: We must disagree on our understanding of the English language. This is frankly bizarre.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: No, it is not.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: I do not wish to cut across Deputy Troy, who put forward two amendments to this section, but I understand they have been disallowed. I share his view strongly with regard to one of these, 58L. Deputy Troy referred in particular to 58B and 58C. I believe 58C is problematic. I know the situation that applies and the difficulties that will present in some settings. However, it is...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: The Minister did not refer specifically to the exemptions that are provided for in this amendment. I refer particularly to the exemption that will apply under the proposed new 58L(c) to "a person taking care of not more than 3 children of different families (other than that person’s own such children) in that person's home".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: Yes, but would the Minister not agree that this is an important opportunity to ensure we have universal application of the highest standards across the board? I do not know that this is a good thing. I understand that there would be resistance to it across the sector. However, we should not expect less to apply in any situation, particularly with regard to 58L(c), where three children of...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: It has, but I want to make a point in this regard because I hope to be able to reconstruct it on Report Stage. I made a big shot at this. After tabling amendment No. 71, I came in with a less convoluted proposition in amendment No. 72 but the Minister hammered it as well because of potential charges.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (Resumed) (24 Oct 2013)

Caoimhghín Ó Caoláin: Then we will have to find out who is doing this. In any event, the bottom line, in simple and straightforward terms, is that we need to get something appropriate within this legislation and if the Minister is going to knock me back on the basis of a potential charge, then no Opposition Deputy can progress the proposition. The Minister gave a commitment to me in a previous debate that she...

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