Written answers

Tuesday, 26 March 2019

Department of Children and Youth Affairs

Childcare Legislation

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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1176. To ask the Minister for Children and Youth Affairs the status of the review of section 3 of the Child Care Act 1991. [13042/19]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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As the Deputy will be aware, the primary legislation regulating child care policy is the Child Care Act 1991.

My Department is reviewing the 1991 Act in line with a Government commitment under Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People. The purpose of the review is to identify what is working well within the existing legislation, address any identified gaps or new areas for development and reflect recent policy and practice developments.

Section 3, which provides the statutory basis for The Child and Family Agency’s (Tusla) responsibility to promote the welfare of children who are not receiving adequate care and protection, is being reviewed as part of the ongoing wider review of the Act. The review of section 3 is considering the legislative measures that need to be in place to best protect and support children identified as at risk of harm.

In recognition of the multi-agency approach required to support an effective child protection system, the Minister for Justice and Equality, Mr Charlie Flanagan T.D., and I have agreed that section 3 of the Child Care Act would be considered by the Inter-Agency Implementation Group for the Garda Síochána Inspectorate Report – Responding to Child Sexual Abuse; A follow-up Review. The group, which is chaired by Caroline Biggs S.C., includes representatives from both Departments as well as representatives from Tusla and an Garda Síochána. The report of the Implementation Group will be considered as part of the Child Care Act review.

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