Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Under section 56(13), the Minister may prescribe requirements, which could include requiring service providers to take into account the best interest of the child where the service provider is engaged in relevant services. In addition to section 56(13), under section 56(15) a service provider is defined as a person providing child and family services "that are similar to activities carried out by the Agency and" - these are very important words which capture what the Senator is trying to do in this amendment - "consistent with its functions". The agency, in the performance of its functions, will be required to observe the best interest principle.

Therefore, it is entirely reasonable that any service provider engaged in the provision of child and family services on the agency's behalf must adhere to the same principle. The agency will have overall accountability for the delivery of services, whether directly provided or commissioned. Therefore, I do not believe the amendment is needed and I will not be accepting it.