Results 1,961-1,980 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: The one point in dispute is that I do not accept the motivation of the 1991 Act was to discriminate against anyone. The Act clearly states the court must have regard to a person who is a parent whether under the Constitution or otherwise. The phrase "or otherwise" recognises every parent of a child irrespective of his or her status. It goes further than the generality of our legislation...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: What other parent? There could be——

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: A child could have a legal guardian who is not a parent. The legislation is silent on that issue and I intend to examine it. A parent may not be disclosed by the other parent, as Senator Tuffy suggested. That can arise. The more inquiries one imposes on a social worker, the slower the process of child protection will be. This is a reality we must face as legislators. The purpose of...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: These are all drafting amendments consequent on the earlier Government amendment which necessitated the insertion of a new sub-section into the Bill.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: The purpose of the Bill is to give foster parents or relatives caring for a child for a continuous period of five years more autonomy on the day-to-day care of the child. The HSE will continue to have a role in the life of a child in care through its involvement in the review of the implementation of the child care plan. If foster carers need advice on a significant matter, they will...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: Section 37 of the Child Care Act 1991 relates to access to children in care. It provides that where a child is in the care of the Health Service Executive, either under a care order or otherwise, the executive will facilitate reasonable access to the child by his parents, any person acting in loco parentis or any person with a bona fide interest. It also provides that a person who is...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: We discussed this issue at length on a previous occasion. I am of the view that it is for the courts to decide, based on the information provided to them by the executive on the efforts made to contact the person, whether they are satisfied that the parent or other person is missing and cannot be found. Courts are used to conducting this exercise; it is part of their experience. We, as a...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: We have accepted it in the Government amendment.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: Senator Tuffy was probably not perusing the amendment when I read it out. The new subsection (10) has been added as a result of the Government amendment No. 18 in response to the Senator's earlier amendment and inserts the following: "(11) Subsection (10) is without prejudice to the jurisdiction of the court to make, at any time, an order under section 37 with respect to access to the child...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: Yes.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: Senator Tuffy argues that a person who has the right to be heard on access should have the right to be heard to discharge the entire order.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: Senator Tuffy has achieved that. She is winning.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: May I respond?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: The bulk of Senator Tuffy's comments are addressed by the Government amendment on access. The principal Act's access arrangements are expressly provided in this legislation. The Parliamentary Counsel was concerned that their implication was not sufficient on a matter as fundamental as access. As Senator Tuffy pointed out, it is an area where a wider range of parties is expressly recognised...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: I will look at the question, but let us talk about the best interests of the child. We are talking here about a child who has already spent five years in the care of a foster parent. Therefore the court has taken the view, either with the consent of the person who surrendered the child into care or having looked at all the circumstances in the light of a care order under section 18, that in...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Brian Lenihan Jnr: I thank Senators on all sides of the House for the welcome they gave the legislation. I appreciate the contributions made. On the detail of the legislation, two points were made by Senator Browne and Senator Henry, respectively, about the duration of time to which this order should apply. The discussion on that was very valuable because it served to bring up the nature and purpose of the...

Written Answers — Child Care Services: Child Care Services (9 Nov 2006)

Brian Lenihan Jnr: The Government has brought in a number of measures, both on the supply side and the demand side, to deal with the growing demand for childcare, which has been created by the economic and social changes which have taken place over the last decade. These measures are aimed at supporting all parents with the cost of childcare and increasing the supply of quality childcare places. The primary...

Written Answers — Child Care Services: Child Care Services (9 Nov 2006)

Brian Lenihan Jnr: As the Deputy will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children. I understand from inquiries I have made that the Group in question has submitted a request for a review of the decision on their application...

Written Answers — Child Care Services: Child Care Services (14 Nov 2006)

Brian Lenihan Jnr: I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010, which are being implemented by the Office of the Minister for Children. With regard to the application for capital grant assistance under the National Childcare Investment Programme 2006-2010 referred to in the question, I understand the persons in...

Written Answers — Child Welfare: Child Welfare (14 Nov 2006)

Brian Lenihan Jnr: Significant progress has been made in relation to the implementation of the Children Act 2001. The implementation of the Act involves the Office of the Minister for Children, the Department of Justice Equality and Law Reform, the Department of Education and Science and the Health Service Executive along with a number of other agencies. In relation to the youth justice provisions in the Act,...