Barry Andrews (Dún Laoghaire, Fianna Fail)

Amendment No. 5 to section 23B(3), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect inserts the word "out". Amendment No. 7 to section 23D(5)(c), as inserted by section 9 of the Bill, corrects an error in the first print of the Bill and in this respect deletes a misplaced comma. Amendment No. 11 to section 23ND(1)(e)(iii), as inserted by section 9 of the Bill, corrects an error to the first print of the Bill and in this respect replaces the word "assent" with the word "assessment".

Amendment agreed to.

Government amendment No. 6:

In page 10, to delete lines 30 to 49 and in page 11, to delete lines 1 to 24, and substitute the following:

"(b) the Health Service Executive, in relation to an arrangement referred to in subsection (4), shall—

(i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and

(ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9),

(c) where a child, in respect of whom a special care order or an interim special care order has been made—

(i) is, without lawful authority or the consent or the knowledge of the Health Service Executive or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement,

(ii) absconds from a special care unit provided pursuant to such arrangement,

(iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or

(iv) is missing or is otherwise absent, without the consent or knowledge of the Health Service Executive or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG,

the person with whom such arrangement has been entered into shall forthwith inform the Health Service Executive,

(d) guidelines prepared and published by the Health Service Executive under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and

(e) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for—

(i) a special care order or an interim special care order,

(ii) an extension, discharge or variation of such order, or

(iii) the release of the child under section 23NF(1) or 23NG,

or to make an application to the High Court in respect of proceedings under or pursuant to this Part.

(6) The provisions referred to in subsection (5)(a) are—

(a) subsections (1), (2) and (3),

(b) subsections (1) and (5) of section 23D,

(c) section 23E(6),

(d) paragraphs (b) and (f) of subsection (1) of section 23ND, and

(e) paragraphs (a) and (b) of subsection (9) of section 23NF.".