Results 1,661-1,680 of 20,459 for speaker:Frances Fitzgerald

Seanad: Order of Business. (31 Mar 2010)

Frances Fitzgerald: It is very difficult to blame the media today for reporting the bad news when we see the billions that landed on the shoulders of taxpayers yesterday. There has been much talk about accountability and responsibility this morning. We on this side do not need any lectures on responsibility from a Government that, strikingly, refused to apologise yesterday for the situation we are landed in....

Seanad: Order of Business. (31 Mar 2010)

Frances Fitzgerald: Where is the accountability and responsibility in that regard?

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I move amendment No. 2: In page 6, before section 3, but in Part 2, to insert the following new section: "3.—The Minister shall within three months of the commencement of this Act, publish a report on the provision of secure care under this Act which shall include consideration of how such provision compares with best practice internationally.". This amendment is a request to the Minister...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I understand that the Minister of State is satisfied with the methods already in place to review what is occurring, but will he ensure the annual report compares what is being done in Ireland with best international practice? Perhaps he could incorporate the thinking behind the amendment. He mentioned that even the HIQA report raised concerns about staffing levels and some other matters....

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I thank the Minister of State.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I accept the Minister of State's comment to the effect that, in so far as he can, he will ensure a comparison with best international practice will be one of the criteria by which the HSE will examine the situation in its annual report on secure units.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I accept that. Amendment, by leave, withdrawn. Section 3 agreed to. Section 4 agreed to.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: This point arose on Second Stage. I would be interested to hear if the Minister of State accepts there is a principle and important point regarding the use of language. This word arises in a number of sections. The Minister of State does not appear to have tabled any amendments in respect of it. I am sure the Minister of State is aware that Barnados, the Irish Association of Young People...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: Senator Alex White made a really good point that we have the opportunity to change the language used. I urge the Minister of State to consider this. We all know how much courts have to learn about how they treat different groups of people, whether children, women, sexual assault victims or otherwise. The courts must learn and change. This is an opportunity to change the language we use...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: What agencies are supplying a service under section 38 of the 1994 Act and how many children are being cared for by agencies other than the Health Service Executive? The Minister of State is correct that a clear line of accountability and responsibility from an outside care provider to the HSE is required in the circumstances set out.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: The reason I raised my earlier question is that care services have been privatised in other countries. Care services could also be provided by a voluntary organisation or private company here and the idea of using private companies to provide such services has been discussed. I welcome clarification that children are not being cared for by organisations other than the HSE. If, however,...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I move amendment No. 8: In page 24, to delete lines 22 to 32. Questions arise about the importance of consultation with a child in special care or his or her parents and-or guardians. The amendment relates to the determination by the HSE that a child requires special care. Section 23F(4) allows the HSE to bypass consultation with the child, a parent and-or guardian and a person acting in...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I understand what Senator O'Malley means. We all accept that the family can be a very dangerous place for a child. There is no doubt about that. Equally, information we have received on foot of recent scandals has highlighted that care situations can be dangerous as well. That is the reality. Sometimes the resources are not there. We have seen injustices. In effect, children in care...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: There is some protection. I ask the Minister of State to see if it would be possible to build in a consultation with somebody acting in loco parentis, if such a person is available. It would be worth changing the Minister of State's proposal, whereby the HSE will not have to consult with any person at all, so that it is not so total. I accept that there may well be circumstances in which...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: Yes.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: Yes.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: This section deals with the functions of the HSE when providing special care. Once a special care order has been made, it gives the HSE far-reaching powers to carry out various medical or psychiatric assessments, while it also deals with the issue of the passport. There is no requirement on the HSE to apply to the court to dispense with parental consent. These powers would appear to exclude...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I move amendment No. 16: In page 44, line 47, to delete "detained" and substitute "housed". I am not going to go over the ground we have already covered about language. It is the same point. I support what my colleagues have said and ask the Minister of State and his officials to examine this matter to see if we can use terminology that is more appropriate than "detained".

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: Part of this section deals with the right to representation and the appointment of a guardian ad litem. We have already raised the point about the voice of the child being heard as regards making a special care order. There is no automatic right to any representation for the child, either through the guardian ad litem or a solicitor. The question is whether the child should be provided...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Frances Fitzgerald: I thank the Minister of State for his comments. Clearly, he will consider this issue again when he has had a chance to examine the implications of the report about which he has spoken. The issue is automatic representation. I am heartened by the Minister of State's statement that a guardian ad litem is appointed in all special care cases, but the point with regard to the amendment is that...