Seán Power (Kildare South, Fianna Fail)

In addition to statutory responsibilities for inspecting and registering residential centres the chief inspector of social services is given statutory responsibility for other matters under the Bill. These include overseeing the performance of the Health Service Executive, HSE, of its functions under sections 39, 41 and 53 of the Child Care Act 1991 in respect of fostering and preschool services and section 10 of the Health (Nursing Homes) Act 1990 in respect of the boarding of elderly people.

In keeping with these responsibilities it is proposed to clarify the legislation so that the chief inspector will oversee the performance of the executive's functions under sections 40 and 42 of the Child Care Act 1991. These sections both relate to the functions of the Health Service Executive in respect of children in its care.

Section 40 refers to the Health Service Executive's function in the placing of children in residential care, securing their welfare and the form of contract to be entered into by the executive with persons providing residential care. The section also refers to the supervision and visiting by the executive of children in residential care.

Section 42 of the Child Care Act 1991 deals with how the executive should review the case of each child in its care. Given the role assigned to the chief inspector relating to the inspection of residential services for children and the oversight role in regard to the other functions of the Health Service Executive under the Child Care Act 1991 it is, of course, also appropriate for the chief inspector to have an oversight role in respect of sections 40 and 42 of the Child Care Act 1991.