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Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: When a young child is placed in care in a residential centre it is termed a "placement". Special care involves the detention on an exceptional basis of an unoffending child for his or her own welfare and protection in a special care unit with on-site educational and therapeutic support. It is very different to an ordinary placement. It is important this is understood from a legal point in...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I really do not have much more to say. The word "detention" obviously has different meanings, including those to which the Deputies refer. We must consider that when it is used in the phrase "school detention" it is not assumed to imply criminality.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (14 Jul 2011)

Frances Fitzgerald: I take the point Deputy Ó Caoláin makes. However, I am strongly advised that in the context of the legal definitions that are required in the legislation, the use of the word "detention" is necessary. It must be made clear that special care involves the detention of a child. To make it appear otherwise would be misleading in the context of what is actually happening. I have already...

Estimates for Public Services 2011 (14 Jul 2011)

Frances Fitzgerald: I move the following Estimates:

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: I move: That, pursuant to Standing Order 131, it be an instruction to the Committee to which the Child Care (Amendment) Bill 2009 may be recommitted in respect of certain amendments, that it has power to make provision in the Bill to amend Part 7A of the Health Act 2004 to provide for the powers under that Act to require the Health Service Executive to furnish, in the public interest,...

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: I propose to clarify the-----

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: Yes. The motion provides for an amendment to the Health Act 2004. It is being introduced because the Child Care (Amendment) Bill 2009 has been before the Houses and the relevant provision is required urgently to ensure I can fulfil my role as Minister for Children and Youth Affairs. For this reason, I have included the motion and the amendments to the Bill at the earliest possible...

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: Yes.

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: That is correct. I will provide some further information. Amendments No. 1, 3 and 5 are technical amendments to the Long Title and section 1 of the Bill and are consequential on amendment No. 16, which introduces a new section 33. To clarify the issue once more, the purpose of amendment No. 16 is to amend Part 7A of the Health Act 2004. The amendment is being proposed in order that I will...

Child Care (Amendment) Bill 2009: Instruction to Committee (14 Jul 2011)

Frances Fitzgerald: I was clarifying the reason for the motion.

Written Answers — Children in Care: Children in Care (13 Jul 2011)

Frances Fitzgerald: As this is a service matter it has been referred to the HSE for direct reply.

Written Answers — Health Services: Health Services (13 Jul 2011)

Frances Fitzgerald: I have been advised by the HSE that an answer to the Deputy's Parliamentary Question No 198 of 08 June, 2011 is being issued today, 13th July, 2011

Written Answers — Child Care Services: Child Care Services (13 Jul 2011)

Frances Fitzgerald: The Early Childhood Care and Education (ECCE) programme was introduced in January 2010 and provides a free pre-school year to all eligible children in the year before commencing primary school. Almost every pre-school service in the State is participating in the ECCE, ensuring that it is available to children in all areas, and 63,000 children, or 94% of the eligible age cohort, are...

Written Answers — Youth Services: Youth Services (13 Jul 2011)

Frances Fitzgerald: Funding is provided by my Department on an annual basis to 31 national and major regional voluntary organisations under the Youth Service Grant Scheme (YSGS). The funding provision under this scheme in 2011 is €11.444m. The continued funding of voluntary youth organisations through the Scheme is intended to ensure the emergence, promotion, growth and development of youth organisations...

Written Answers — Departmental Staff: Departmental Staff (13 Jul 2011)

Frances Fitzgerald: The Department of Children and Youth Affairs was established on June 4th on foot of a government order which also transferred a significant range of functions to me as Minister. Further transfer of powers will be required by primary legislation and subsequent government orders, beginning with the Child Care (Amendment) Bill which is to be reintroduced to the Dáil at Report Stage next week....

Written Answers — Proposed Legislation: Proposed Legislation (12 Jul 2011)

Frances Fitzgerald: I propose to take Questions Nos. 27 and 73 together. I have an extensive legislative programme in 2011 and beyond. My priorities for 2011 are to progress the Child Care (Amendment) Bill 2009 to enactment and in that regard I would like to advise the House that the Bill will be reintroduced to the Dáil at Report Stage on Thursday next 14th July. My intention is to progress the preparation of...

Written Answers — Departmental Agencies: Departmental Agencies (12 Jul 2011)

Frances Fitzgerald: The Government is committed to fundamental reform and transformation of the delivery of our children and family services. A number of significant structural and legislative changes are key to effecting such reform. This includes the establishment of a new agency with dedicated responsibility for the delivery of child welfare and protection services, separate from the HSE and reporting...

Written Answers — Child Abuse: Child Abuse (12 Jul 2011)

Frances Fitzgerald: The work of the North South Steering Group on Child Protection, which is jointly chaired by my Department and Northern Ireland's Department of Health, Social Services and Public Safety, includes a particular focus on the development of an inter-jurisdictional protocol for the transfer of child care cases between Northern Ireland and the Republic of Ireland. A draft protocol has been developed...

Written Answers — Proposed Legislation: Proposed Legislation (12 Jul 2011)

Frances Fitzgerald: I am aware that an appeal is before the Supreme Court which relates to Section 3 of the Child Care Act, 1991. A judicial review was sought in 2009 and successfully defended by the HSE. The High Court ruling of May 2010 was then appealed to the Supreme Court. The HSE continues to strongly defend its position in relation to this matter. The Deputy will appreciate that it would not be...

Written Answers — Youth Justice Service: Youth Justice Service (12 Jul 2011)

Frances Fitzgerald: I propose to take Questions Nos. 31, 45 and 46 together. My Department was established following a series of transfer orders on 3 June, and has taken on legal authority across a range of areas, including the functions of the former Office of the Minister for Children and Youth Affairs. Functions of other Government Departments that have been transferred to the new Department are family policy...

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