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

Joanna Tuffy: I thank the Minister of State and his Department for producing an amendment which deals with the issues I had raised in amendment No. 17. I presume it will do so appropriately. If it does not, my Dáil colleagues will have an opportunity to deal with the matter further. I thank the Minister of State for accepting the point.

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

Joanna Tuffy: I second the amendment.

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

Joanna Tuffy: I move amendment No. 23: In page 6, between lines 18 and 19, to insert the following: "(e) a person who, in the opinion of the court, has a bona fide interest in the child." I put down this amendment on Committee Stage. I argued at that time that the section as it stands was more limited than section 37(1), which allows a broader category of interested persons, for example, relatives of...

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

Joanna Tuffy: Sorry.

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

Joanna Tuffy: That amendment deals only with the issue of access.

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

Joanna Tuffy: My amendment No. 23 is not necessarily restricted to access. It is restricted to whatever one can do under section 43B. I am saying that more than the people the Minister has outlined——

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

Joanna Tuffy: It would not necessarily be to discharge the entire order. The Minister says one can use section 43B for conditions or restrictions. I understand what he is saying. Perhaps the issue of access is dealt with by his previous amendment. I accept that. I did not appreciate that at the time. I can see what the Minister is saying.

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

Joanna Tuffy: I have achieved that and I appreciate that.

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

Joanna Tuffy: I am pressing the amendment.

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

Joanna Tuffy: There is still an issue. It is varying the order, not just discharging it and it could vary any condition or restriction. People other than the four types of people the Minister of State has listed could contribute something and they should be able to go to the court. The Minister of State has allowed for it in the Government amendment and the original legislation allowed for it. It would...

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

Joanna Tuffy: The Minister of State is correct. In my amendment I lean toward a broader category of person. I have particularly in mind parents without custody, grandparents and guardians. I still have a difficulty with this. The Minister said he would examine the issue in general. This section is not to do with notification. It gives a person the power to apply to the court to vary or discharge an...

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

Joanna Tuffy: I welcome and support the legislation. I thank the Minister of State and his staff for all the work they did and I appreciate his listening to the issues I raised and his assurance that he will give them further consideration. Obviously, I appreciate that some of the amendments I tabled were addressed by the Minister of State in Government amendments. On a general point, while supporting...

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

Joanna Tuffy: I second the amendment.

Seanad: Order of Business (8 Nov 2006)

Joanna Tuffy: I support calls by Senator Brian Hayes for a debate in respect of the two reports published yesterday, those of the Garda Síochána Inspectorate and the Garda Síochána advisory group. The former refers to the need for civilian support staff to release gardaí for operational duties. It considers the potential risk of disproportionate emphasis placed on headquarters and specialised units...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Joanna Tuffy: I move amendment No. 4: In page 4, lines 8 to 10, to delete all words from and including "a" in line 8 down to and including "time" in line 10 and substitute "the parents of the child". On Second Stage I raised the issue of how we define parents in this legislation. The legislation, as it stands, refers to the consent of the parent having custody of the child at the relevant time. The...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Joanna Tuffy: I thank the Minister of State. Even in the case of the mother who does not have custody, there is an issue because she would be the legal guardian. We should take that into account.

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Joanna Tuffy: I move amendment No. 7: In page 5, line 30, to delete "Any" and substitute the following: "Section 37 applies to any child who is the subject of an order under this section and in particular any". The purpose of the amendment is to make clear that in addition to existing orders to the child continuing, new access applications, for example, by the natural parents, can be made after the making...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Joanna Tuffy: I move amendment No. 11: In page 6, between lines 18 and 19, to insert the following: "(e) a person who, in the opinion of the court, has a bona fide interest in the child.". This amendment is suggested because the section is far more limited than section 37(1) which allows a broader category of interested persons, for example, relatives, if they are not the natural parents to apply for...

Seanad: Order of Business (2 Nov 2006)

Joanna Tuffy: I want to raise an issue that was raised previously by Senator Hayes and other Senators and on which it is important we have a debate. The draft register of electors has been prepared by the various local authorities. In the South Dublin County Council area and elsewhere across the country, the system for preparing it has changed. A form was dropped in the letter-boxes of people who were not...

Seanad: Child Care (Amendment) Bill 2006: Second Stage (26 Oct 2006)

Joanna Tuffy: I welcome the inclusion of relatives in the provisions of the Bill. I have encountered relatives who are taking on the role of foster parent because the parents are, for whatever reason, not in a position to look after their child. Their position is not good relative to that of other foster parents. As Senator Browne observed, such persons cannot access similar allowances. This must be...

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