Seanad debates

Thursday, 5 December 2013

Child and Family Agency Bill 2013: Report Stage

 

12:50 pm

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I second the amendment. We spoke about this on Committee Stage. The text we are dealing with in sections 58B and 58G was not part of the original Bill. We are asking for the inclusion of four words, the omission of which, I believe, is a drafting oversight. I do not believe there was an intention to do this. We want to align the regulations of the early years services and the duty of the persons providing such services.

The difficulty relates to four words that would align the regulations to the persons providing early years services. It is problematic to exclude the four words "and promote the development". They are critical. It could be seen to be a deliberate intention of the Bill to exclude that proposition from the person who is providing the early years service in order that she would look after the health, safety and welfare of children while not having responsibility for promoting their development. I believe this was a drafting oversight. It is important to use the opportunity we have on Report Stage to insert these words.

We are all supportive of the Bill. We are keen to see the agency in place. However, if this is not accepted I will be disillusioned with the whole process of going through the Seanad. I believe this is a clear drafting oversight but it could have severe consequences. By deliberately excluding these words, the Minister is actually suggesting that the person who is providing an early years service is responsible for looking after the health, safety and welfare of children. However, one could believe the same people are not responsible for promoting their development. On Committee Stage the Minister stated she had no wish to be repetitive. At issue is four words. I believe the matter is critical. I have discussed the matter with many organisations dealing in this area and the four words in question are significant because they relate to the development of the child.

I see no reason that the amendment cannot be accepted. I hope it will be accepted and if it is not accepted, I will not be satisfied. I have constructively engaged in this process but I feel rather disillusioned at the moment about the process and the time I have put into the Bill. If nothing is accepted, why do we bother having the Seanad? The people voted for us to be here. I am trying to do my job but I feel we get nothing back.

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