Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am not being kind to the Senator because I cannot find an amendment in his name which I am prepared to accept. The insertion of the expression "or otherwise" would not be appropriate because the Bill makes a fundamental distinction between the conditions which apply to the granting of an order under this section in respect of a child in voluntary care and a child in care under a care order. This distinction relates to the consent of the parent or person in loco parentis being sought by the Health Service Executive in relation to the granting of the order where the child is in voluntary care and the parent or person in loco parentis being given notice by the Health Service Executive when the child is in care under a care order made by the court.

Section 4 of the primary Act provides for a child to be taken into care if he or she requires care and protection. Such a child cannot be taken into care against the wishes of the parent having custody of him or her or persons acting in loco parentis. Children taken into care under section 4 are in voluntary care. As such, one must make specific provision regarding the granting of an order under this section in respect of such children because they are in a unique position, whereby they are placed in care voluntarily by a parent or person acting in loco parentis. However, where a child is in care under section 18 and the subject of a care order, the court and Health Service Executive have autonomy in the case. I do not know if my reply addresses the question raised by the Senator.