Results 681-700 of 2,723 for speaker:Barry Andrews

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That would be quite possible if continuing care applications were being made on foot of previous or outstanding care issues. I will have to give further consideration to whether such a guardian needs to be included. I do not think it does. A person who acts in loco parentis is likely to be a social worker rather than a guardian ad litem.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will consider that and try to come back to the Senator in due course. As I said, the HSE does not make special care orders. That is done by the High Court. The proposed section 23F(8) states: Where the Health Service Executive applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That is right.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Yes.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: That is the exception to the rule.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The Senator is doing a much better job of explaining this section than I did. I should have pointed out at the beginning that the proposed section 23F(3) sets out the rule and the proposed section 23F(4), which Senator Fitzgerald proposes to delete, sets out the exception to the rule.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: Section 23F(8) sets out the saving provision, whereby the High Court will have an opportunity to review any circumstances in which the exception is exercised by the HSE.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I hope the Senators will accept those points.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: This amendment is in accordance with legal advice received on the issue of medical consent. The Bill allows the HSE to consent to medical assessment, examination and treatment. It is important that the HSE, when providing special care to a child, has the capacity to consent to medical treatment when it is necessary to do so. However, the effect of this amendment is that the HSE's right to...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: It is important to recall that amendment No. 14 states: In page 44, between lines 46 and 47, to insert the following: "(3) Nothing in subsection (1)(d) or (2) shall be construed as making ineffective any consent which would have been effective if those provisions had not been enacted.". The Bill allows the HSE to consent and the amendment to which I have just referred allows that other...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: No. The second part of the Senator's proposed amendment states that: Regard shall be had to the views of any parent of the child prior to taking steps under this section, and save where such steps are urgent, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the parents do not consent. However, that consent is implicit...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: I will just refer the Senator to my previous comments. Amendment, by leave, withdrawn. Government amendment No. 17: In page 45, line 18, to delete "(4) The Health" and substitute "(5) The Health". Amendment agreed to. Government amendment No. 18: In page 45, line 22, to delete "(5) The Health" and substitute "(6) The Health". Amendment agreed to. Government amendment No. 19: In page 45, line...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: There is no question that guardians provide a great service. In fact, Barnardo's provides almost all of the guardians; therefore, one would expect it to be positive about the provision of the service. The Senator said guardians ad litem were appointed in 50% of cases, but that is not the case in respect of special care, in which a guardian ad litem is always appointed where an application...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: This is one of issues we are considering in our assessment of the implementation of the guidelines on guardians ad litem, not just in the special care area but throughout the sector. Substantial legislation may be required, or little or none. This work has been carried out only since May last year. However, some regulation is definitely required, as is a change in the way guardians are...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: It is possible. We will see how long it takes for the Bill to be passed. If the Senator's amendments were to be accepted, there would be automatic legal representation in all care applications, not just special care applications.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The issue does require further teasing out and I will certainly return to it, pursuant to my commitments on the Ryan implementation plan.

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: In the Bill the objective of the amendment to section 27 of the Child Care Act is to provide the High Court with the power to procure reports on any question affecting the welfare of the child in special care hearings. The amendment also provides that a guardian ad litem may apply to the court seeking directions to procure a report on any question affecting the welfare of the child. That...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: As the Senators indicated, this matter has, as a result, in part, of a campaign run by Focus Ireland and other organisations, given rise to a great deal of debate and analysis. Section 45 of the Child Care Act states the HSE may assist a person for as long as it is satisfied that there is a need for such assistance. The discussion in which we are engaged focuses on whether an obligation to...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: The Ryan report implementation plan states: The provision of aftercare by the HSE should form an integral part of care delivery for children who have been in the care of the State. It should not be seen as a discretionary service or as a once-off event that occurs on a young person's 18th birthday. The implementation plan also makes a number of recommendations in respect of aftercare and...

Seanad: Child Care (Amendment) Bill 2009: Committee Stage. (31 Mar 2010)

Barry Andrews: There is only one further amendment.