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Written Answers — Pre-school Services: Pre-school Services (11 May 2010)

Barry Andrews: I have responsibility for implementing the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which was introduced in of January this year. Children will qualify for the scheme where they are aged more than 3 years and 2 months and less than 4 years and 7 months at 1 September each year. This means that children born between 2 February 2006 and 30 June 2007 will...

Written Answers — Children in Care: Children in Care (11 May 2010)

Barry Andrews: The Independent Review Group on Child Deaths has commenced its work. It is intended that the Group will complete its work within a period of six months. The HSE is in the process of validating details regarding the deaths of children in care over the last ten years. I would expect that the case referred to by the Deputy will be included as part of the validated list to be supplied to the...

Written Answers — Pre-school Services: Pre-school Services (11 May 2010)

Barry Andrews: I have responsibility for implementing the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which was introduced in January of this year. As I pointed out the Deputy in my previous reply, children aged more than 3 years and 2 months and less than 4 years and 7 months at 1 September each year are eligible for the ECCE scheme. There is no provision under the scheme for...

Written Answers — Pre-school Services: Pre-school Services (11 May 2010)

Barry Andrews: I have responsibility for implementing the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which was introduced in January this year and which replaced the Early Childcare Supplement. This scheme provides for a free pre-school year for qualifying children before they commence primary school. Children will qualify for the free pre-school year place when they are...

Written Answers — Pre-school Services: Pre-school Services (11 May 2010)

Barry Andrews: I have responsibility for implementation of the National Childcare Investment Programme 2006-2010 (NCIP) which is a multi-annual programme to improve the availability and quality of childcare options, primarily through capital grant-aiding the construction and refurbishment of childcare facilities. As you are aware, following the review of Government expenditure last year, a decision was...

Written Answers — Adoption Services: Adoption Services (6 May 2010)

Barry Andrews: It remains my intention to assist 20 named applicants to complete intercountry adoptions in respect of children from Vietnam on an exceptional basis and insofar as it is practicable in law. In communicating the decision to suspend the bilateral negotiations the Irish Government asked the Vietnamese Government whether it will be possible to proceed with these adoptions. The Vietnamese response...

Written Answers — Adoption Services: Adoption Services (6 May 2010)

Barry Andrews: It remains my intention to assist 20 named applicants to complete intercountry adoptions in respect of children from Vietnam on an exceptional basis and insofar as it is practicable in law. In communicating the decision to suspend the bilateral negotiations the Irish Government asked the Vietnamese Government whether it will be possible to proceed with these adoptions. The Vietnamese response...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: When we debated this issue on Committee Stage, I pointed out that the word "placement" was not appropriate because every child who was the subject of a care order was placed somewhere and that special care had to be distinguished from ordinary State intervention on behalf of a child. Fine Gael suggested the word "housed" which also does not have pleasant connotations. HIQA conducted a study...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: The above amendments are for the purpose of bringing greater clarity and precision to these sections. For example, in regard to amendment No. 43, the subsection has been reformatted for ease of reading and clarity.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: The purpose of these amendments is to provide specifically that there is nothing to prevent the Health Service Executive from applying for an extension to a special care order or an interim special care order or providing care under any such extension to a special care order or interim special care order. The amendments are to ensure there is no doubt in this regard.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: The purpose of the amendments is to ensure the Health Service Executive informs any court hearing of a criminal charge that the child is the subject of an application for a special care order or interim special care order or if an order has been made and the duration of that order.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: Amendment No. 19 is a consequential amendment following the amendment of section 19. In other words, the amendments will result in there being only one subsection in section 19 and amendments Nos. 23 and 42 are for the correction of the numbering.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: There are situations where it might not be in the best interests of the child to consult one of those categories which the Senator seeks to delete. I cannot argue with any of the points that he is making, but if Senator Cannon will look at subsection (8) on the following page, page 25, it says: "Where the Health Service Executive applies for a special care order and, in accordance with...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: Subsection (3), prior to the subsection the Senator proposes to delete, expresses a positive obligation on the HSE to consult with the categories of people we are talking about, namely, the child, parent, guardian and, where appropriate, the relatives of the child. Therefore, if this decision is taken by the HSE for the protection of life, health and safety, not to consult with one of those,...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: Amendment No. 26 is concerned with the re-formatting of section 23F relating to family welfare conferences for the purpose of clarity, precision and ease of reading. The remaining amendments are concerned with renumbering and cross-referencing consequential on amendment No. 26.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: As I stated previously, I am in agreement as regards the views of the child being regarded prior to the HSE taking steps under this section. However, section 3 of the Child Care Act 1991, as amended, provides that in the performance by the HSE of its functions to promote the welfare of children, it shall, in so far as is practicable, give due consideration, having regard to the child's age...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: I am certainly open to the principle, but there is no point in inserting an additional safeguard where the existing safeguard is, in my view, if not in Senator White's, sufficiently robust. If this had not been provided for in the 1991 Act, it would be a vital addition to improve the legislation. In all special care orders the child is represented by a guardian ad litem, the obligation of...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: Situations arise where parents, guardians or other persons acting in loco parentis are not available to give consent. Section 23ND(2) ensures that in such situations the HSE has the right to consent to a medical or psychiatric assessment, an examination and treatment. However, I brought forward an amendment to insert a new subsection (3) in section 23ND which ensures any consent given, had...

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: Amendments Nos. 50 to 52, inclusive, make it clear that section 36 of the Child Care Act 1991 does not apply to a child who is the subject of a special care order or an interim special care order.

Seanad: Child Care (Amendment) Bill 2009: Report and Final Stages (6 May 2010)

Barry Andrews: As Senators said, we have had a widespread debate on this issue which continues to be a subject of analysis on my part. As I said previously, it is at the cutting edge of developments in this area for all the reasons we have discussed. I have received legal advice which confirms the view that we expressed in the implementation plan arising from the Ryan report, that the section 45...

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