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Written Answers — Health Services: Health Services (18 Jan 2011)

Charles Flanagan: Question 194: To ask the Minister for Health and Children if she will provide detail on the location where the out-of-hours social work crisis intervention services operate; the estimated cost to roll out an out-of-hours service nationally; the consultation that has taken place with the social work profession; if the Croke Park agreement provides for any development in this area; and if she...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 7: In page 45, line 45, after "shall" to insert the following: "with the consent of either child's parent or guardian, a person acting in loco parentis or the child's Guardian Ad Litem".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 8: In page 45, after line 49, to insert the following: "(3) In any action under this section, regard shall be had to the views of the child having regard to the child's age and level of understanding. Prior to taking steps under this section, the court shall give such directions as are appropriate in the best interests of the child where the Health Service Executive...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 9: In page 46, line 5, to delete "detained" and substitute "placed in secure care". Question, "That the words proposed to be deleted stand", put and declared carried.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 10: In page 49, to delete line 1 and substitute the following: "23NF.—(1) For the avoidance of doubt, a child may not be removed from the jurisdiction by the Health Service Executive for any purpose without an order of the High Court providing such authorization to the Health Service Executive. (2) Notwithstanding the detention of a".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 13: In page 63, between lines 10 and 11, to insert the following: "(2) Section 24 of the principal Act is amended in paragraph (b) by the deletion of the words "in so far as practicable".".

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 14: In page 63, to delete lines 23 and 24. These amendments deal with the appointment, role and function of a guardian ad litem who is appointed by the court to ensure the voice of the child is heard in a real and meaningful way. There are some difficulties in regard to the cost of the guardian. As I said on Committee Stage, we should clarify who decides on the matter...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: That is most disappointing because it means that this legislation will go through, as indeed have earlier pieces of legislation, without any detail as to the role and function of the guardian or their regulation. I had sought to insert such a provision in amendment No. 16. I listened to what the Minister said and I was optimistic and pleased with his reply on Committee Stage. While not...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 15: In page 64, to delete lines 1 to 8 and substitute the following: "(a) the guardian ad litem appointed may appoint a solicitor to represent them in respect of those proceedings and give directions as to the performance of the solicitor of his or her duties, which may include, if necessary, having regard to the circumstances of the case, directions in relation to the...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I move amendment No. 17: In page 67, between lines 25 and 26, to insert the following: "22.—Section 45 (as amended by the Act of 2004) of the Principal Act is amended by substituting the following section for section 45— "45.—(1) (a) Where a child leaves the care of the Health Service Executive, the Executive shall, in accordance with subsection (2), assist him for so long as the...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I wish to make three brief points and am glad the Minister of State adverted to the Ryan report and also spoke of the implementation plan. However, the Minister of State will be aware that specific reference is made in the Ryan report to the vulnerability of young people in the transitional period from State care to independent living, which highlighted a real and serious problem. The...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: This is a technical amendment with which I have no difficulty and I thank the Minister of State for considering it.

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I share the view of my colleague, Deputy Jan O'Sullivan in many respects. As I suggested on Committee Stage, we should move away from such words as "detention", "being detained", "detention orders" and "places of detention" and we should look more towards phrases such as "safety" and "security". This is why such wording as "secure care" and in this case "placed in secure care" is preferable...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: While I do not intend to delay the proceedings of the House, it is not good enough for the Minister of State to say legal advice is as follows and he is relying on it. Will he elaborate as to why incorporating the term "placement" is deemed by his legal advice as inappropriate and against the letter of the legislation? This is not just a case of the Opposition making a point. Various...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: We discussed the matter to which amendment No. 10 relates on Committee Stage. I would have expected that the Minister of State would have given it some consideration in the interim. I am of the view that the powers bestowed upon the HSE under this part of the Bill are wide-ranging in nature and, in some instances, are too far-reaching. As a result, it is important that a mechanism which...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I am anxious to hear from the Minister of State with regard to any deliberations or reflection in which he has engaged since this matter was debated on Committee Stage. The amendments raise a number of important points, particularly in the context of the voice of the child, the importance of consent and the fact that all decisions should be taken following careful consideration and should be...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: I would have expected the Minister of State to have availed of the opportunity since Committee Stage to come back with a form of wording that would meet the concerns of the Opposition Deputies, and it is regrettable he has not done so. I do not believe he has reassured those Deputies, including myself, who have put forward amendments that the points raised by us are either already covered or...

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages (18 Jan 2011)

Charles Flanagan: If what the Minister says is the case, and this happens anyway, why not incorporate into the legislation what, in effect, will be a statutory guarantee for the provision of the guardian ad litem? There are some cases where, to my mind, it does not happen. I want a statutory guarantee that there will be the provision of a guardian and that such a provision is necessary to protect the best...

Accident and Emergency Services (13 Jan 2011)

Charles Flanagan: The Minister does not have a role in answering them either.

Child Care Services (13 Jan 2011)

Charles Flanagan: Question 3: To ask the Minister for Health and Children the nature of her discussions with senior executives of the Health Service Executive on the matter of deaths of children in care; and if she will make a statement on the matter. [1935/11]

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