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Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: On the next day we could resume on this point.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: May I respond to the Minister's points, please? I welcome what the Minister has just said. This is not about trying to create engagement. My sincere belief was that all of us - not just Deputy Troy and myself - had reached this point. I proudly applauded time after time the evidence of shared intent across all political views in these Houses to arrive at the best position in the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 16: In page 13, subsection (2), line 31, after "2010," to insert the following:"whether in proceedings before a court or otherwise".What this would mean is that section 9(2) would read:Notwithstanding the generality of subsection (1), the Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010,...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: That is fairly blunt. I do not know if there is any point in fencing with the Minister on this amendment.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Section 9(2) is very particular. It refers specifically to functions under the terms of the Child Care Act 1991 or the Adoption Act 2010, and very rightly makes the point in regard to "paramount consideration". With Deputy Troy, I have put down a further amendment in regard to section 9(2) on which we will reflect in a few moments. However, section 9(1), which we are seeking to strengthen,...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: To return to the premise I outlined at the start and the reason for the amendment, a small entity is being established. We could name several agencies, and they would all fit on a single floor somewhere. This is a huge step and one I welcome very much. If one examines the numbers of people employed in any number of large entities within State agencies, one can see there is a need for...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I welcome that. I will withdraw my amendment with the option to reintroduce it on Report Stage. On that subsection, in terms of what Deputy Troy and I said about our two consecutive amendments, if the Minister can come back with a formula we will both be happy to support what changes she wishes to introduce. The intention of the amendment is not to suggest that the component parts will...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: The Minister is having more luck than we are.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 15: In page 13, lines 26 to 28, to delete subsection (1) and substitute the following:“9.--(1) The Agency shall, in performing its functions under section 8(1)(a), (b) or (c) in respect of an individual child or family, regard the best interests of the child as a primary consideration.”.This is a very important area - the best interests and views of the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 13: In page 13, subsection (8), line 12, after "inter-agency" to insert "and intra-agency".This amendment seeks to insert in section 8(8) the words "and intra-agency". There is a good reason to do this. If the amendment is accepted, the subsection will read: (8) The Agency shall promote enhanced inter-agency and intra-agency co-operation to ensure that services for...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: With respect to the Minister, this is just a slap-down. Her response does not hold, given any scrutiny of the points we have discussed, for example: "the agency shall in the performance of its functions demonstrate high standards of performance, transparency and accountability". We might have assumed as much and would hardly expect it to perform other than to the highest standards. That is...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: We are pressing it.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I move amendment No. 11: In page 13, between lines 6 and 7, to insert the following subsection: "(6) In the performance of its functions, the Agency shall have regard to the principles of equality and non-discrimination.".Without going over all of the reasons we believe consistency is important, exactly the same arguments apply with regard to equality and non-discrimination. We believe...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: This refers to additional guidelines, but I would like best practice to be established from the outset, which is the reason the amendment is raised where it is - in the section dealing with the functions of the agency. While I accept the Minister has endeavoured in some way to meet our concerns with her proposal, I do not accept that my concern is covered by the suggestion that this is...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: My concern is that the wording in section 48 is not adequate. The word "may" is used, which suggests the Minister "may" at any time do something. We will come to amendments I hope to press, one of which the Minister has knocked on the head already, in which I want to move from "may" to "shall".

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: I am speaking about section 48, which uses the word "may" and which is where the Minister suggested inserting the requirement for consistency earlier.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: As I said earlier, this is optional and is not something we can be certain the Minister or whoever follows her will do. The section provides that the Minister may at any time issue additional guidelines. I suggest that consistency is of such importance that it is not an additional guideline, but something we expect from day one. It is not an afterthought but is something that is required...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: At the outset and I will not go back there again, I would not like anyone to take up from the Minister's reply that it was the staff at Rath na nÓg who made the decision to lock up from 9 p.m. to 7.30 a.m. They were acting under instruction from the national office. I do not believe that the professionals would have viewed it as in any way enhancing the critical approach they would...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: In what section of the Bill is the Minister suggesting we place the need for consistency?

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Child and Family Agency Bill 2013: Committee Stage (22 Oct 2013)

Caoimhghín Ó Caoláin: Can I ask a question? I understand that I cannot move my amendment.

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