Billy Timmins (Wicklow, Fine Gael)
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Question 101: To ask the Minister for Health and Children the position regarding the Child Care (Amendment) Bill (details supplied); and if she will make a statement on the matter. [26187/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I am currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Childcare Act 1991.

I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options.

In line with the Government commitment as reflected in the Ryan Implementation Plan funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.