Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

Question 742: To ask the Minister for Health and Children the sections and subsections of the Children's Act 2001 coming under the remit of her Department that have not commenced; and the date for their commencement. [29363/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The elements of the Children Act 2001 coming under the remit of the Minister for Health and Children are Parts 2, 3 and 11 and Section 77. The other elements of the Act come under the remit of the Minister for Justice, Equality and Law Reform and the Minister for Education and Science.

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 IVA, 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 IVB, 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. Part 11 was fully commenced on 7 November 2003 and 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 sections of the Children Act 2001, which the Minister for Health and Children has a responsibility for commencing and which have not yet been commenced, are sections 23D, section 77 and sections 7(1)(a), 10(2) and 13(2) (which relate to section 77) and the amended Sections 227 and 230, (which were amended by the Criminal Justice Act 2006). My office is working closely with the relevant Government Departments and agencies towards a well co-ordinated implementation of the amended Act. The commencement of these Sections is being planned in this context.

Róisín Shortall (Dublin North West, Labour)
Link to this: Individually | In context

Question 743: To ask the Minister for Health and Children the statutory instruments, including reference numbers signed by her under the Children's Act 2001; and if she will make a statement on the matter. [29365/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I wish to advise the Deputy that the Statutory powers and duties of the Minister for Health and Children set out in the schedule to Statutory Instrument No. S.I. 474 of 2003 have been delegated to me under that Instrument.

On the 4th November 2003, Statutory Instrument No. 527 of 2003 was co-signed by myself as Minister for State at the Department of Health and Children and Mr Noel Dempsey, Minister for Education and Science. This Statutory Instrument commenced Part 11 of the Children Act 2001 and established the Special Residential Services Board on a statutory basis.

On the 23rd September 2004, I signed Statutory Instrument No. 548 of 2004. This Statutory Instrument commenced Part 2 of the Children Act 2001, which provides for family welfare conferencing (excluding sections 7(1)(a), 10(2) and 13(2)) and also Part 3, which amends the Child Care Act of 1991 and provides for the making of special care orders, the regulation of special care units and private foster care (excluding section 23D).

On the 24th September 2004, I signed Statutory Instrument No. 549 of 2004. This Statutory Instrument commences the Children (Family Welfare Conference) Regulations 2004. These regulations prescribe certain matters in relation to family welfare conferences under Part 2 of the Children Act 2001 for the purposes of enabling the provisions of Part 2 to have full effect and for its administration.

In addition, the Children Act 2001 amends the Child Care Act, 1991 by inserting new Parts IVA and IVB. On the 24th September 2004, I signed Statutory Instrument No 550 of 2004. This Statutory Instrument commences the Child Care (Special Care) Regulations 2004. These regulations set out the various requirements to be complied with by the Health Service Executive in relation to the placing of children in special care units, the conduct of these units provided by the Executive or a voluntary body or any other person and the operation and the care of children in such units, in accordance with the relevant provisions of the Child Care Act 1991 as amended by the Children Act 2001.