Anne Ferris (Wicklow, Labour)
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To ask the Minister for Children and Youth Affairs when the Children First legislation will be published; and if she will make a statement on the matter. [15775/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Children First National Guidance for the Protection and Welfare of Children, which I published in 2011, provides clarity and guidance for individuals and organisations in identifying and responding appropriately to child abuse and neglect. It also sets out what organisations that care for or work with children should do to ensure they are safe whilst in the care of the organisation. The Government has committed, as a priority, to the introduction of legislation to underpin Children First.

The Deputy will be aware that I published the Heads of the Children First Bill in April 2012. The purpose of publishing the Heads was to allow for a full consultation at an early stage in the developing the Bill. I asked the Joint Oireachtas Committee on Health and Children to consider the Heads of the Children First Bill and make recommendations. I received their comprehensive Report in July 2012 and my Department has examined the broad range of submissions to, and recommendations of the Joint Committee. Among the many issues examined by the Committee were:

- The inclusion of emotional abuse;

- Inclusion of childminders as a named individual;

- Problems associated with appointment of a volunteer as a designated person including that it could deter people from volunteering;

- Concern about complexity and additional responsibilities placed on the Designated Officer;

- Issues surrounding identification of an 'organisational unit ' where the organisation is part of, or affiliated to, or federated to, a national organisation;

- Concern that legislation focused on reporting where this was not found to be the main problem in reviews of child abuse and child death cases;

- Capacity of HSE to implement legislation;

- Inclusion of reporting of retrospective abuse

Submissions were not all in agreement and many points emerging need to be considered and reconciled. This involves consideration of both policy and operational issues as well as the best legal approach to achieving Children First objectives. In the regard, my officials have consulted with a number of organisations and individuals and I met recently with a number of key stakeholders to discuss the complex issues that have arisen. These discussions will inform the preparation of enhanced policy proposals that is currently underway.

It is my intention to submit further proposals to Government as soon as possible with a view to the drafting of the Children First Bill as a priority.

Anne Ferris (Wicklow, Labour)
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To ask the Minister for Children and Youth Affairs when the legislation to establish the new Child and Family Support Agency will be published; if she intends to publish the heads of the Bill before that; when she expects that the new agency will be established and operational; and if she will make a statement on the matter. [15776/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This legislation has been identified as a priority within my Department. My officials have been working closely with the Office of the Parliamentary Council to finalise the draft text of the Bill.

It is anticipated that my Department will be in a position to publish the Child and Family Support Agency Bill during the next session. It is not intended at this stage to publish the Heads of the Bill in advance of publication of the Bill proper. However, I will be consulting with the Joint Oireachtas Committee on Health and Children and engaging broadly with stakeholders. It is difficult at this remove to estimate with any accuracy the operational date of the new Agency. Once the Bill has been published and operational planning is further advanced, I hope to be in a position to give a more precise estimate of the establishment date.