Mattie McGrath (Tipperary, Independent)
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928. To ask the Minister for Children and Youth Affairs to address concerns that the outcome of the children's referendum has led to an increasing lack of accountability for organisations such as Tusla; and if she will make a statement on the matter. [13180/16]

Katherine Zappone (Dublin South West, Independent)
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The Thirty-First amendment of the Constitution relating to the rights of children does not in any way provide for a lessening of accountability for organisations. I am not aware that there is evidence of any adverse effect on governance and accountability generally. In the case of Tusla, its interventions are in the common good for the welfare and protection of children. As with any statutory body, Tusla has been established under legislation that is subject to the provisions of the Constitution and review by the courts.

Tusla was established under the Child and Family Agency Act, 2013. The establishment legislation includes detailed provisions with regard to the accountability obligations of the Agency. Tusla is also required to operate in accordance with the Code of Practice for the Governance of State Bodies. My Department closely monitors compliance by Tusla with these obligations. It should be noted that most children received into care are there on the basis of a court order under the provisions of the Child Care Act, 1991. This position has not changed with the passing of the Referendum. The legislation setting up Tusla, together with the Child Care Act, 1991 (as amended), and related child care regulations and standards have children at their centre. This legislative framework is also respectful of the rights of all citizens as they are framed in the light of the Constitution. The 31st amendment of the Constitution does not in any way dilute these safeguards.