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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. 20: In page 10, between lines 3 and 4, to insert the following:“Non-compliance with request to furnish child safeguarding statement 11. (1) Where, pursuant to a request made by the Agency under section 10(5)(b)(ii), a provider of a relevant service fails to furnish the Agency with a copy of the provider’s child safeguarding statement, the Agency may, 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: I thank Deputy Troy for his comments. His concerns are shared. We have discussed this at length and it may be one of the reasons we are only now coming to Committee Stage. The Deputy is right that the fact there are no criminal sanctions might be perceived as a weakness. However, we must consider a practicality around resources. The Children First Bill does not contain the criminal...

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 have no issue with the Deputy tabling an amendment on Report Stage, if that is his wish. I ask respectfully that he cost it. The exercise of costing it might colour his view. I do not wish to be argumentative but this is not a unique opportunity. We have already said we can review this if it is found not to deliver. It is a child safeguarding statement. The Children First guidelines...

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 accept totally the Deputy's bona fides in this matter. In an ideal world, there should be strong consequences for people who do not conform with our requirements. In fact, I expect there will be consequences for them, as I have highlighted. First, people will vote with their feet; second, they will draw the attention of the Child and Family Agency down upon that service provider; 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. 21: In page 10, between lines 3 and 4, to insert the following:"Register of non-compliance 12. (1) The Agency shall establish and maintain a register of non-compliance notices (in this Act referred to as the "register of non-compliance"). (2) As soon as may be after a non-compliance notice comes into effect pursuant to section 11, the Agency shall enter the particulars...

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. 22: In page 10, to delete lines 31 and 32 and substitute the following:"(b) he or she knows or believes that—(i) there is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned, and (ii) the relationship between the parties engaged in the sexual activity concerned is not intimidatory or exploitative of either...

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. 23: In page 11, to delete lines 1 to 5 and substitute the following:“(4) A mandated person shall not be required to make a report to the Agency under subsection (1) where the sole basis for the mandated person’s knowledge, belief or suspicion is as a result of information he or she has acquired, received or become aware of—(a) from—(i) another...

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. 24: In page 11, to delete line 14 and substitute the following:“(b) jointly with one or more than one other person, irrespective of whether or not the other person is a mandated person.”.

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. 25: In page 11, to delete lines 15 to 19 and substitute the following:“(7) Where a mandated person acting in the course of his or her employment or profession knows, believes or has reasonable grounds to suspect that a child may be at risk of immediate harm and should be removed to a place of safety, he or she may make a report to the Agency under subsection (1)...

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. 26: In page 11, lines 20 and 21, to delete “provide that report to the Agency by the completion of” and substitute “in addition, complete”.

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. 27: In page 11, line 35, to delete “subsection (3)” and substitute “this section”.

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 is if the age difference is not more than two years.

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

James Reilly: In either direction. It is only for children between 15 and 17 years, so it could not involve a 15 year old and a 13 year old.

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

James Reilly: With regard to mandated persons, virtually all of them have professional bodies. Therefore, while there is no criminal sanction for them, this is a statutory obligation and they will have failed in it. They will be reported to their professional bodies and there will be consequences from the professional body. Getting struck off as a doctor is pretty catastrophic.

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. 28: In page 12, line 20, to delete “reasonably require.” and substitute the following:“reasonably require and is, in the opinion of the Agency, necessary and proportionate in all of the circumstances of the case.”.The Bill provides that the agency may request mandated reporters to provide assistance to the agency. Assistance is defined as 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: I move amendment No. 29: In page 14, line 15, to delete “17 ordinary members” and substitute “18 ordinary members”.An amendment to section 18(3)(a) is proposed to provide that representatives from each Department are nominated to the Children First interdepartmental implementation group by the relevant Minister. A new subsection 3(d) is proposed to provide that a...

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. 30: In page 14, to delete line 21 and substitute the following:“(a) an officer of each Minister of the Government nominated by the Minister of the Government having charge of the Department of State concerned;”.

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. 31: In page 14, line 25, to delete “Agency.” and substitute “Agency;”.

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. 32: In page 14, between lines 25 and 26, to insert the following: “(d) an employee of the Health Service Executive nominated by the Director General of the Health Service Executive.”.

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. 33: In page 15, to delete line 30.

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