Written answers

Tuesday, 21 November 2023

Department of Children, Equality, Disability, Integration and Youth

Legislative Measures

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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438. To ask the Minister for Children, Equality, Disability, Integration and Youth the current status of the Child Care (Amendment) Bill 2023; and when this Bill will progress. [50949/23]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care), child protection policy, and early learning and childcare services. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not otherwise receive adequate care and protection.

My Department brought forward a General Scheme and Heads of a Bill to amend the 1991 Act and this was approved by Government in April 2023. The purpose of this amendment Bill is to revise the 1991 Act to reflect changes in child welfare and protection services in the 30 years since its enactment. The Bill will also revise and update where the 1991 Act deals with the regulation of early learning and childcare services.

I referred the General Scheme to the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth for pre-legislative scrutiny, which took place in May this year. From this scrutiny, the Committee produced a detailed report on the legislative proposals. The report contained a number of recommendations to amend and further refine the General Scheme. My Department has also received some further feedback from stakeholders on the Heads of Bill.

Officials within my Department are working to ensure that both sets of recommendations are considered and are given due regard.

In parallel to the pre-legislative scrutiny process, I referred the General Scheme to the Parliamentary Counsel in the Attorney General’s Office for formal drafting. This is an ongoing process and officials within my Department continue to liaise with the Parliamentary Council as we work towards the development and the publication of a Bill.

This amendment Bill is a matter of priority for me. While my Department is eager to progress this Bill, we are anxious that the provisions are robust and that it serves vulnerable children as well as providing Tusla with a strong statutory footing in the best way possible.

Photo of Ivana BacikIvana Bacik (Dublin Bay South, Labour)
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439. To ask the Minister for Children, Equality, Disability, Integration and Youth the status of legislation to prohibit the practice of conversion therapy; and if he will make a statement on the matter. [50962/23]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Programme for Government contains a commitment to legislate to ban conversion therapy. The National LGBTI Youth Strategy 2018 – 2020 and the National LGBTI+ Inclusion Strategy 2019 – 2021 contain commitments in relation to conversion therapy. The LGBTI+ National Youth Strategy provides for the prohibition of “the promotion or practice of conversion therapy by health professionals in Ireland” and the National LGBTI+ Inclusion Strategy commits to investigating conversion therapy in Ireland and following up with appropriate counter measures.

The Department of Children, Equality, Disability, Integration and Youth commissioned research into the issue of conversion therapy in Ireland. The multi-phased mixed-methodology research was carried out by Trinity College Dublin (TCD), School of Nursing and Midwifery, and a report of the findings was published in February 2023. The research provides an insight into how conversion therapy practices operate in Ireland. It also includes an examination of the growing body of recent international research literature in the area. The findings of the research, which mirror findings in international research on the matter, indicate that conversion therapy practices take place in Ireland, and has developed an understanding of how these practices operate. It confirms the harm that is inflicted on those who experience such practices.

Policy deliberations have been informed by a broad range of factors including but not limited to the TCD research, international research and an analysis of legislation in other jurisdictions. My Department is examining international best practice and continues to engage with relevant Government Departments on the matter to inform the legislative proposals.

Given the potential complex and sensitive nature of the proposed legislation, the Government is carefully considering the underpinning policy matters to ensure that vulnerable members of society are protected from these harmful practices and that necessary and appropriate services for those with concerns in areas of sexual orientation and gender identity are not affected. Work on drafting the General Scheme is ongoing and officials continue to engage with the Office of the Attorney General on the matter. It is planned that legislative proposals will be brought forward shortly and it is a priority for Government this year.

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