James Reilly (Dublin North, Fine Gael) | Oireachtas source

Section 14 provides that certain professionals and other persons in specified occupations listed in Schedule 2 are mandated persons for the purpose of the Act. The section sets out the circumstances whereby a mandated person is required to make a report to the Child and Family Agency. Section 14(9) provides that the Minister for Children and Youth Affairs may make regulations regarding the procedures for the making of such reports to the Child and Family Agency.

It is proposed to delete the word “mandated'' from section 14(9)(b), where it secondly occurs, to be consistent with section 14(6)(b). Section 14(6)(b) was amended in the Dáil to provide that mandated persons could report jointly with other persons, whether those other persons are mandated or not. This amendment to section 14(9)(b) is a consequential amendment now required to be consistent with the amended section 14(6)(b).

The effect of not bringing forward the amendment would be to limit the Minister's regulation-making power by confining such regulations to reports by persons all of whom are mandated persons. The effect of the amendment is, therefore, to allow for the Minister to make regulations in respect of a report made by a mandated person jointly with other persons, whether or not those other persons are themselves mandated persons.