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Seanad: Order of Business (8 Nov 2006)

Fergal Browne: In a democracy people should not be afraid of free speech. One's opinion is one's own business and one should deal with the issues raised but not start name-calling, as happened this morning.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Fergal Browne: My amendment No. 2 distinguishes between children aged 12 or younger and children aged 13 or older. As the Minister of State knows, even in legal terms, a differentiation is made between children aged zero to 18 years. While we apply the term "minors" to that group, there are different rules for children. The Minister of State will be more familiar than I with the various terms. The term...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Fergal Browne: The point I make is that in other legislation, the Government has differentiated between the different ages and acknowledged that in legal terms, we do not classify all people between the ages of zero and 18 as one group. Children are treated in many different ways and at many different levels by the law according to the extent of their minority. A point brought to my attention was that...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Fergal Browne: I move amendment No. 2: In page 3, line 30, to delete "five years" and substitute the following: "— (i) 5 years in the case of a child aged 12 years or younger, and (ii) 3 years in the case of a child aged 13 years or older,".

Seanad: Order of Business (8 Nov 2006)

Fergal Browne: I oppose the Order of Business for the reason I outlined last week. The Child Care (Amendment) Bill will have amendments made to it in the Dáil, arising from the Ferns Report, after it passes this House. These are most serious and deserve the scrutiny of both Houses, not the scrutiny of one House and the rubber-stamping of the second House. This is not the way to conduct business and it...

Seanad: Order of Business (8 Nov 2006)

Fergal Browne: I know Senator Norris would have plenty of questions for him.

Seanad: Order of Business (8 Nov 2006)

Fergal Browne: He received 58 million votes in the last election, the highest vote any US president ever received.

Seanad: Order of Business (8 Nov 2006)

Fergal Browne: He is democratically elected and it is protocol that US presidents are invited. Can the Acting Leader find out what is the situation? We could consider this issue.

Seanad: Social Housing. (2 Nov 2006)

Fergal Browne: I thank the Minister for her reply on behalf of the Minister of State, Deputy Noel Ahern. Many single people find it impossible to get on the housing list in some local authority areas. When a separated man goes to court to ask for custody of the children, either partial or full custody, the judge is very quick to ask him whether he has suitable accommodation for them. In most cases these...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I move amendment No. 1: In page 3, line 30, to delete "five" and substitute "3". I welcome the Minister of State, Deputy Brian Lenihan, and his officials to the House. Before I speak about amendment No. 1, I would like the Minister of State to clarify something. He indicated on Second Stage that he would consult with the Office of the Attorney General about the possibility of introducing...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: No Government amendments have been tabled.

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I ask the Minister of State to clarify whether he will introduce the amendments in question on Report Stage in this House, or in the Dáil.

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I thank the Cathaoirleach for allowing me to refer to the matter now. The amendment I have proposed seeks to replace the reference to "five years" with a reference to "3 years". While five years is a short time, it is also a long time if one thinks about it as the full length of one's secondary school education. Senator Henry's amendment proposes that the relevant amount of time be reduced to...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: The Minister of State's post is a difficult one because it could be divided into three sections. The infants' section could cover from birth to four years, four to 12 year olds could be classified as children and 12 to 18 year olds as adolescents. Five years is a short time in terms of an infant being fostered but it could be of far greater significance for those fostered later in life. Could...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: Surely this Bill has two purposes, to protect the foster child and also make life easier on the foster parents on routine issues such as visits to the doctor, school tours and so on. This is straightforward for infants but as children get older they have more needs. My proposal to allow for the age of a child would make daily activities less of a burden for foster parents.

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I move amendment No. 6: In page 5, between lines 18 and 19, to insert the following: "(7) Where a consent is given under subsection (6), the foster parent or relative of the child shall inform the Health Service Executive as soon as may be reasonable.". In this Bill we are giving foster parents more autonomy. They do not have to report to the HSE that medical or psychiatric assessments or...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I appreciate the Minister of State's point but I am still concerned. The unlikely event could arise where a foster parent had a child who received unnecessary psychiatric or medical treatment. The purpose of my amendment is to ensure all matters are in order and reduce the potential for abuse taking place. I recall a recent case in Britain where a foster parent was charged with involvement in...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I move amendment No. 8: In page 6, line 2, to delete "section," and substitute "section or otherwise,". The purpose of the amendment is to recognise that in circumstances where a child is fostered by a grandparent or other member of his or her family, as opposed to being formally placed in care, it may not be possible to determine an exact commencement date for the fostering arrangement. For...

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: I ask the Minister of State to clarify whether, in the event that a child opts to live with his or her grandparents, the grandparents are obliged to inform the authorities that they have care of their grandchild.

Seanad: Child Care (Amendment) Bill 2006: Committee Stage (2 Nov 2006)

Fergal Browne: Initially, in such circumstances, the child may enter into an informal, private arrangement and thereafter the grandparents may apply for fostering rights. The purpose of the amendment is to make allowance for cases in which grandparents or other persons, primarily family members, foster a child informally for a period, perhaps of a year, prior to the formal commencement of a fostering...

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