Róisín Shortall (Dublin North West, Labour)
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Question 167: To ask the Tánaiste and Minister for Health and Children the sections of the Children Act 2001 for which she has responsibility and which have not yet been commenced; and if she will report on her intentions in this regard. [12295/05]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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There are three parts in the Children Act 2001 which specifically relate to the health area. Part 2 establishes for the first time on a statutory basis the family welfare conference. Part 3 amends the Child Care Act 1991 by inserting two new parts, Part 4A, which imposes duties on the Health Service Executive in relation to a child who may be in need of special care or protection, and Part 4B, relating to private foster care. Part 11 provides for the establishment of the special residential services board on a statutory basis to co-ordinate residential services for children detained in detention schools and in special care units. I am pleased to say that Part 11 was fully commenced on 7 November 2003 and that almost all of Parts 2 and 3 were commenced in September 2004. Regulations for family welfare conferences and special care units were also commenced in September 2004. The certification process of special care units is under way and this requires the amendment of the regulations as a consequence of the Health Act 2004.

The sections of the Children Act 2001, which the Minister for Health and Children has responsibility for commencing and which have not yet been commenced, are sections 23D, 77 and 7(1)(a), 10(a) and 13(2), which relate to section 77.

My Department is working closely with the Health Service Executive, the Departments of Education and Science and Justice Equality and Law Reform, and the National Children's Office in the context of the co-ordinated phased implementation of the Children Act 2001. The commencement of section 77, the associated sub-sections and section 23D will be looked at in this context and in the light of available resources.