Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 130:

In page 65, between lines 10 and 11, to insert the following: “(2) A review under this section shall include meaningful engagement with relevant persons, groups representing survivors and families, persons with expertise in human rights and data protection, and other relevant persons or groups as the Minister deems appropriate.

(3) At the conclusion of the review, a report shall be prepared and laid before both Houses of the Oireachtas.”.

Amendment No. 130 specifies that, in a review of the operation of the Act, the Minister should consult with relevant stakeholders and affected persons and that, at the conclusion of the review, he should lay a report before both Houses of the Oireachtas. Again, I welcome the fact that there is provision for a review of the Act. That is important. Section 70 states that there will be such a review "not later than 2 years after the coming into operation of this section". That wording is a little strange. I mention that because I have had experience in the past of winning the insertion of new sections in legislation only for those sections not to be commenced. It would probably be better if it was worded as "after the coming to operation of the Act" but I am going to trust the Minister that he will commence this section along with the other sections, even though I have experience of that not happening. Again, this is just a technicality.

I welcome the fact that it is indicated that there will be a review of the operation of the Act but I believe we may need to go into a little more detail. It should be borne in mind that, even though I accept the bona fides and good intentions of the current Minister, it may be another Minister who is there in two years and it would, therefore, be useful to specify some provisions in respect of the review of the Act. Amendments Nos. 130 and 131 would specify that, in the review of the operation of the Act, the Minister would consult with relevant stakeholders and affected persons and that, at the conclusion of the review, he would lay a report before both Houses of the Oireachtas. Again, these amendments seek to specify who the Minister would consult. The current Minister will be very aware of the importance of consulting with those who are affected, the difference that has made and the changes in approach that have arisen from speaking to people about their real and specific experiences. Again, I believe it is appropriate that we specify that this same kind of thought and integrity would be reflected in the review. The Oireachtas joint committee also specified the importance of that sustained engagement with stakeholders and affected persons so this amendment reflects a recommendation of that committee in its prelegislative scrutiny.

Amendment No. 131 seeks a specific report on how the Child and Family Agency has performed its functions in respect of this Act. It asks that, in preparation of such a report, the Minister would engage with the relevant persons. This is also complementary to the committee recommendation in respect of a stakeholder advisory group. It also addresses issues on which I can be frank because I know the Minister is very aware of them. I refer to the significant issues of trust in the Child and Family Agency. New provisions have been made and new mandates given but it would be appropriate to specifically look at how the agency has changed practices, engaged in different ways or applied different policies in recognition of the provisions of this Act.