Alan Shatter (Dublin South, Fine Gael)
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Question 104: To ask the Minister for Health and Children the provisions in legislation enacted by the Houses of the Oireachtas in relation to children's legislation which have not been brought into operation; the reason for the delay; when it is intended to bring such provisions into operation; and the action proposed in this regard. [2779/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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In reply I wish to advise as follows with regard to childrens' legislation (i) Part IVA of the Child Care Act 1991, as inserted by the Children Act 2001, which allows Special Care cases to be dealt with at District Court level, is commenced but is not operational. My Office is drafting a bill to amend Part IVA of the Child Care Act 1991 to provide a statutory scheme for the High Court to have exclusive original jurisdiction to hear Special Care cases. The Heads of this bill were approved by the Cabinet and the drafting of legislation is proceeding. (ii) Sections 5 to 13 of the Child Care (Amendment) Act 2007, which amended Part VII of the Child Care Act 1991, enabled regulations to be made which would allow school age childcare services to be brought within the 1991 Act on the same basis as pre-school child care services. Arrangements to allow commencement of these provisions are being examined.