Results 21-40 of 2,723 for speaker:Barry Andrews

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

Barry Andrews: I tried to deal with those issues in my first contribution and I reiterate that is an area on which I have done a lot of work. I have tried to push the issue as hard as possible because the one lesson from the Ryan report is that in the history of the State institutional care led to damage to many people in terms of addiction, homelessness, marital breakdown and poverty. If there was any...

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

Barry Andrews: It happens anyway but it remains at the discretion of the High Court. In fact, the High Court, which retains that discretion, allows for a guardian ad litem in every case - that is the current state of the law. The Deputy asks why we do not order the High Court to appoint a guardian ad litem. There may well be certain circumstances where the High Court, at its own discretion, would deem...

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

Barry Andrews: I move amendment No. 11: In page 62, line 16, to delete "a fine not exceeding €3,000" and substitute "a class B fine". These amendments relate to section 23NP which provides for offences under the Bill. They are required in accordance with section 5 of the Fines Act 2010 which provides that fines between €2,500 and €4,000 are class B fines.

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

Barry Andrews: I move amendment No. 12: In page 62, line 45, to delete "a fine not exceeding €3,000" and substitute "a class B fine".

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

Barry Andrews: The Child Care Act 1991 provides that in care proceedings under Parts IV or VI, where the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and the interests of justice, appoint a guardian ad litem for the child. This Bill provides a similar provision in regard to special care. The guardian ad litem...

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

Barry Andrews: Yes. It is the High Court, not the HSE, that decides whether legal representation is provided. That is a high level of supervision of cases like this. That power has served the service well. I did say that I take the Deputy's point in principle and I accept the criticism that we need to define exactly the qualifications, type of registration and supervision of guardians ad litem in this...

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

Barry Andrews: Deputy Lynch referred to the proposed referendum. A child ceases to be a child at the age of 18. The children's referendum does not propose to extend its remit to 19 and 20 year olds.

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

Barry Andrews: It is not semantics. No Member of the Oireachtas has proposed that the remit of the constitutional referendum would extend to young adults. I am not having a go at Deputy Lynch. We are dealing with the after care of young adults aged between 18 and 20. The amendments do not deal with children. After care has been highlighted as a key element to achieving positive outcomes for young people...

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

Barry Andrews: Deputy Lynch's own proposed amendment suggests that the determination of need be carried out by the HSE. This is what the Government-----

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

Barry Andrews: It is a mandatory obligation to provide after care where need has been established for such care on foot of an assessment. In addition, the HSE is under a duty to form a view in respect of each person leaving care as to whether there is a need for assistance and this also constitutes an obligation. The advice is that the request to change "may" to "shall" should not be acceded to, as it is...

Child Care (Amendment) Bill 2009 [Seanad]: Order for Report Stage (18 Jan 2011)

Barry Andrews: I move: "That Report Stage be taken now."

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

Barry Andrews: I move amendment No. 1: In page 5, line 22, to delete "and 44" and substitute ", 44 and 46". These are technical amendments. Amendment No. 1 is required to include a reference to section 46 in the collective citations. Amendment No. 2 is required to provide a collective citation in respect of the Adoption Act 2010 and section 46 of this Bill, which relates to adoption. The amendment was...

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

Barry Andrews: I move amendment No. 2: In page 5, between lines 27 and 28, to insert the following: (5) The Adoption Act 2010 and section 46 may be cited together as the Adoption Acts 2010 and 2011.".

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

Barry Andrews: I have listened carefully to the points made. As Deputies have mentioned, they were raised on Committee Stage and in the Seanad. As Deputy Jan O'Sullivan remarked, I had some sympathy for that point of view and explored the possibility of making the amendments suggested by her colleague, Senator Alex White. However, our legal advice is that the word "detention" is appropriate give the...

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

Barry Andrews: I agree with Deputy Jan O'Sullivan that language is important and that at times its use has had an impact on improving social rights and the attitudes people have to minorities. Under the current legislation, children are held under detention orders. This Bill changes this to being detained under a special care order. It would be misleading to talk about this as other than detention. The...

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

Barry Andrews: What these amendments seek to achieve is already achieved in the legislation. Both amendments are concerned with the process of a child leaving the jurisdiction in accordance with section 23NF, which states that the HSE may apply to the High Court to vary a special care order to authorise the release of a child for the purposes set out. However, the High Court must authorise, through...

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

Barry Andrews: I agree the views of the child should be regarded prior to the HSE taking steps under section 23ND, which includes provision where a child requires medical treatment while subject to a special care order. I brought forward an amendment to the Bill on Committee Stage to insert a new subsection (3) in section 23ND, the effect of which is to ensure that any consent to medical treatment which...

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

Barry Andrews: To give reassurance, in every case in which a special care order is sought, a guardian ad litem is appointed in respect of the child. The guardian ad litem is effectively a witness who will outline the views of the child and also outline what, in his or her view, is the best interest of the child, which, naturally, could be two different things. In practice, the views of the child are...

Accident and Emergency Services (13 Jan 2011)

Barry Andrews: The Deputy should listen.

Child Care Services (13 Jan 2011)

Barry Andrews: I meet monthly with senior officials from the HSE to discuss a range of child protection issues, including deaths of children in care. Last March, I established an independent review group on child deaths, which is reviewing the deaths of children over the period of 1 January 2000 to 30 April 2010 who were in care within the meaning of the Child Care Act 1991 at the time of death; in receipt...