Results 14,741-14,760 of 20,459 for speaker:Frances Fitzgerald

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Section 58 deals with the supervision of early years services and provides for the agency inspecting early years services from time to time. The use of the phrase "from time to time" is measured and deliberate. It allows for inspections as often as is required, be it once every three years, once a year or several times in one year. The substitution of the phrase "from time to time" with...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: As the registration period is three years, an inspection must have taken place within the period if one wishes to register again. That is part and parcel of the new regime. We are appointing new inspectors so as to ensure there will be an inspector in every part of the country. Provision has been made in the budget for next year also for the recruitment of extra inspectors. New standards...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I move amendment No. 22:In page 43, line 16, to delete “by voluntary bodies”.The effect of amendments Nos. 22 and 23 to section 59(4) is to bring greater clarity to the provision enabling monitoring arrangements to be imposed on a person to whom assistance is given under section 59. There will be no change to the effect of section 59(4) as a result of the changes proposed but...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I move amendment No. 23:In page 43, line 18, to delete “by the person concerned”.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I move amendment No. 25:In page 53, between lines 19 and 20, to insert the following:“(2) Notwithstanding subsection (1), where a contract, agreement or arrangement relates to a service required in connection with the performance of a function transferred under section 82 and also relates to a service required in connection with the performance of a function which, after the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: The Interpretation Act 2005 provides the basis for the interpretation and application of primary and secondary legislation. Section 18 of the Act deals with the general rules of construction for legislation and states the following:The following provisions apply to the construction of an enactment:(a) Singular and plural. A word importing the singular shall be read as also importing the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Section 58D(9)(c) provides that the agency must remove from the register any provider that has contravened a condition of the registration within a 12-month period. There is no discretion attaching to this action. I am of the view that the period of 12 months is reasonable with regard to the application of the sanction concerned and is modelled on existing provisions governing the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Yes.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Section 9 sets out the responsibilities for the agency when it is making decisions about children in respect of its functions and planning and reviewing the provision of services. Section 9(1) states "The Agency shall, when making decisions in relation to the performance of its functions under section 8(1)(a), (b) or (c), have regard to the best interests of the child in all matters." That...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Amendment No. 17 is unnecessary because the Minister clearly could not give a direction that is not consistent with the agency's functions. The agency can only act within the parameters set out in section 8. It is also inconceivable that the Minister would issue a direction that goes against the best interest principle. Directions from the Minister have to accord with the statutory...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Under section 56(13), the Minister may prescribe requirements which include requiring service providers to take into account the best interest of the child where they are engaged in relevant services. In addition, section 56(15) defines a service provider as a person providing child and family services that are similar to activities carried out by the agency. I refer Deputies to the phrase...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I will clarify that such is the case. In section 21(1), the Bill provides that the board is "the governing body of the Agency with authority, in the name of the Agency, to perform the functions of the Agency." This is clear and unequivocal. The Minister's relationship is to the agency and that will be to the board of the agency. Sections 41 and 44 both provide for engagement between the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I am not accepting the amendment because it is clear.

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: As Deputy Ó Caoláin will be aware, on Committee Stage I accepted quite a number of amendments on a clarification that the relationship was to the board of the agency. Section 21(1) is clear. It states, "The Board shall be the governing body of the Agency with authority, in the name of the Agency, ...". In other aspects of the Bill, I made it clear, in terms of the performance and...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: The Deputy is aware of my view on this issue. The amendment is excessively prescriptive and could create inflexibility. I have observed such inflexibility on other boards where specific qualifications are prescribed for members. When appointing members to the board of the new agency, we must consider the broad range of skills and specific skills needed. Such flexibility must be available...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: The amendments I have introduced and the tone of the legislation clearly indicate what are the priorities of the agency. Obviously, the Minister, in deciding to appoint a board to the agency, will reflect how best what is in the Bill can be delivered by the right mix of persons on the board. As I say, I myself have done that. I point out that the Bill does not prevent the Minister from...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Section 13(2)(f) is intended to focus on the special and unique relationships between the service delivery systems in the education and health areas and the effective functioning of the Child and Family Agency. Services within the remit of the Departments of Health and Education and Skills obviously have to work in tandem with the agency and may depend on one another. That is why the focus...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I am sure the Deputy will agree that the section as drafted makes the child's voice a central factor in decision making and the proofing of decisions. It breaks new ground to have it expressly articulated in legislation that consideration will be given to the views of children in planning and reviewing the provision of services under the new structure. It is there in black and white in the...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: I totally accept the Deputy's bona fides in this matter and am very grateful for his unequivocal support for the passage of this legislation and for the concept of bringing the different services together to work under the remit of the new child and family agency. I have considered his amendment carefully. From the very beginning of this process, I have taken the views of Deputies opposite...

Child and Family Agency Bill 2013: Report Stage (Resumed) (21 Nov 2013)

Frances Fitzgerald: Deputy Caoimhghín Ó Caoláin did a lot of work at the Joint Committee on the Constitutional Amendment on Children. In its report the committee endorsed the fundamental principle of the UN Convention on the Rights of the Child, as identified by the UN Committee on the Rights of the Child, which states the best interests of children are a primary consideration in all actions...