Written answers

Thursday, 21 July 2016

Department of Children and Youth Affairs

Legislative Measures

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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22. To ask the Minister for Children and Youth Affairs if she has considered a review of the Child Care (Amendment) Act 2015; and if she will make a statement on the matter. [23039/16]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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As the Deputy is aware, the Child Care (Amendment) Act 2015 was signed into law in December of last year. The Act, which amends the Child Care Act 1991, has three distinct elements. While the main body of provision relates to aftercare (under sections 2-9), the legislation also includes technical amendments on foot of the commencement of the Child and Family Agency Act 2013 (under sections 13-15), as well as amendments to sections governing early years services (under sections 10-12).

The early years elements of the Act were commenced by the Child Care (Amendment) Act 2015 (Commencement) Order 2016, Statutory Instrument (SI.) No. 203 of 2016. The Commencement Order appointed 26 April 2016 as the day upon which the early years elements of the Act came into operation.

With regard to the technical amendments, covered under sections 13, 14 and 15, a draft Commencement Order is currently being finalised by the Office of Parliamentary Counsel. The commencement of these sections will need to be sequenced appropriately with the commencement of related sections of the Health Act 2007 and the Child Care (Amendment) Act 2011. It is anticipated that the technical amendments will be commenced shortly.

Finally, with regard to aftercare, which is covered under sections 2 to 9 of the Child Care (Amendment) Act 2015, commencement of the relevant provisions will depend on the outcome of consultations with Tusla with regard to appropriate timing and the readiness of the Child and Family Agency to implement same.

Officials will continue to keep the provisions of the Child Care (Amendment) Act 2015 under review once all elements of the Act have been commenced.

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