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Written Answers — Department of Children and Youth Affairs: Unfair Dismissals (6 May 2015)

James Reilly: The Centre in question is funded by Tusla, the Child and Family Agency. The Family Resource Centres are independent companies limited by guarantee and are managed by a Voluntary Board of Management representative of the local community. In order to receive funding, the Family Resource Centres are required to have formal policies and procedures in place in relation to a number of areas,...

Written Answers — Department of Children and Youth Affairs: Departmental Staff Recruitment (6 May 2015)

James Reilly: Recruitment to my Department and agencies under its aegis has been ongoing as needs arise, and subject to the existing Moratorium. The Moratorium on recruitment to the Public Service was introduced in 2009. While the Moratorium was not a blanket ban on recruitment, an Employment Control Framework was put in place which included a ceiling on the numbers of employees in each Department and...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I move amendment No. 1: In page 5, to delete line 28, and in page 6, to delete lines 1 and 2 and substitute the following:“ “harm” means, in relation to a child—(a) assault, ill-treatment or neglect of the child in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare, or (b) sexual abuse of the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: These consequential amendments propose to change the definitions of "neglect" and "ill-treatment" arising from the change in the definition of "assault" in amendment No. 1. It is a technical kind of thing.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I move amendment No. 2: In page 6, lines 5 and 6, to delete ", in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I move amendment No. 3: In page 6, lines 11 and 12, to delete "in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: We can discuss this when we reach the Schedules themselves at the end of this debate. We can deal with it at that stage if that is okay.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I fully accept it is important. I will deal with it now if the Deputy prefers.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: Childminders have been deliberately left out. This requirement will fall on services where at least two people are providing the service. The standards have to be applied by someone so there needs to be at least two people involved in the service. There has to be an employer and an employee, if I can put it that way. A childminder who is minding a child on his or her own - on her own,...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: If there are multiple providers-----

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: We define what a provider means in relation to the relevant service. That is defined from line 28 of page 7 of the Bill onwards. I refer to section 7, which sets out the definitions for the purposes of Part 2.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: It states: "provider" means, in relation to a relevant service, a person—(a) who owns, controls or manages the service, or is otherwise responsible for the running of that service, and (b) who, in respect of the provision of such relevant service—(i) employs (whether under contract of employment or otherwise) one or more than one other person to undertake any work or activity...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: The single person is being purposely or deliberately excluded.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I hear the Deputy's concerns. There are concerns from a pragmatic point of view about the effect of the inclusion of a single person. There is a limit to how many children a single person can mind. That person would then be writing up the child safeguarding statement for herself or himself. That seems a little less than productive. In addition, childminders often mind children in their...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: If I may correct the Deputy, the line he has quoted is followed by sub-paragraphs (a), (b)(i) and (b)(ii). Sub-paragraph (b)(i) is very clear where it states, "employs (whether under contract of employment or otherwise) one or more than one other person to undertake any work or activity that constitutes a relevant service". The definition of "provider" is, therefore, qualified by...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: Yes.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I am not being pedantic, but this is a separate issue. This is about who is a mandated person, as opposed to people who must have a child safety statement. We can have a look at it.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: Yes.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: The child safety statement relates to an obligation on somebody who provides services and who employs one or more people to have a child safety statement. It is not about asking grannies, sisters, aunts or a single childminder to provide these statements, because that is considered to be excessive. From a practical point of view, it does not make sense for somebody to write their own...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children First Bill 2014: Committee Stage (30 Apr 2015)

James Reilly: I move amendment No. 4: In page 6, between lines 32 and 33, to insert the following: “Service of notices 4. (1) A notice that is required to be served on a person under this Act shall be addressed to the person by name and may be so served in one of the following ways:(a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in...

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