Dan Neville (Limerick West, Fine Gael)
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Question 286: To ask the Minister for Health and Children when all sections of the Children Act 2001 will be introduced. [37681/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Significant progress has been made in relation to the implementation of the Children Act 2001. The implementation of the Act involves the Office of the Minister for Children, the Department of Justice Equality and Law Reform, the Department of Education and Science and the Health Service Executive along with a number of other agencies.

In relation to the youth justice provisions in the Act, for which I have delegated responsibility in the Department of Justice Equality and Law Reform, a range of provisions are already in force, including provisions concerning the Garda Diversion Programme, the treatment of child suspects in Garda stations, the Children Court, child protection measures, some powers of the Court and family conferences. Provisions affecting the age of criminal responsibility have been amended by the Criminal Justice Act 2006 and came into effect on 16 October 2006.

The Youth Justice provisions of the 2001 Act, as amended, which remain to be commenced primarily concern community sanctions and youth detention. The Criminal Justice Act 2006 amended a number of provisions of the 2001 Act, primarily in respect of youth detention, responsibility for which will transfer from the Department of Education and Science to the Department of Justice, Equality and Law Reform through the Irish Youth Justice Service. Preparations for the introduction of the new detention system are well underway. Significant preparatory work is being carried out by the Probation Service to allow for the implementation of the community sanctions.

The Parts of the Children Act 2001 for which I have delegated responsibility from the Minister for Health and Children are Parts 2, 3 and 11. These Parts have been commenced except for sections 23D and sections 7(1)(a), 10(2), and 13(2) [which relate to Section 77]. 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 advise on the co-ordination of residential services for children detained in detention schools and in special care units. Regulations for family welfare conferences and special care units were also commenced in September 2004.

The Criminal Justice Act 2006 provides for a number of amendments in relation to the provisions of the Children Act 2001 for which I have delegated responsibility from the Minister for Health and Children. Principal among these are amendments to the Board membership and functions of the Special Residential Services Board to make more explicit the Board's advisory role in the context of the youth justice reforms. It is my intention to have these amended provisions implemented in the near future. I should add that I have also asked my officials in the Office of the Minister for Children to work on preparing proposals to reform and regulate the public law guardian ad litem system which has been identified as a priority area for reform. This includes examining the role that a reformed Special Residential Services Board could play in this context.

My Office and the relevant Government Departments and agencies are working closely towards a well co-ordinated implementation of the remaining provisions of the Children Act 2001, as amended. This work is progressing well. I expect that this work will allow for the implementation of the remaining provisions of the Act, including the implementation of the provisions in relation to youth justice by early 2007.