Written answers
Wednesday, 24 September 2025
Department of Children, Disability and Equality
Legislative Measures
Liam Quaide (Cork East, Social Democrats)
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153. To ask the Minister for Children, Disability and Equality if she will provide an update on the childcare (amendment) Bill; and if she will make a statement on the matter. [50531/25]
Norma Foley (Kerry, Fianna Fail)
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In line with commitments under the Programme for Government 2025, Securing Ireland's Future, the Government has made a number of commitments with a view to strengthening the Child and Family Agency, Tusla, and protecting children, including updating the Child Care Act, 1991.
The Child Care Act 1991 marked a turning point in the protection of children in Ireland, providing a statutory foundation for the safeguarding of children. While the original Act remains a cornerstone of our child welfare framework, significant developments—such as the establishment of Tusla, the enactment of the Children First legislation, and the passing of the children’s Referendum— made it necessary to review and update the Act, to ensure it reflects our current child protection environment.
The Child Care (Amendment) Bill 2025 will make changes to update and modernise the Act and also introduce innovations to further strengthen the child protection legal framework, increase the powers available to Tusla and provide for greater cooperation across State agencies to keep children safe from harm.
These innovations include the introduction of guiding principles designed to strengthen the child-centred focus of the Act and to foreground the best interests of the child.
Another key element of the Bill that is intended to strengthen the wider child protection safety net in this country are the proposed measures to strengthen interagency co-operation. Firstly, it is proposed to establish a Duty to Co-operate, which will create an obligation for all Government Departments, named Government agencies and other specified bodies to cooperate with Tusla and with each other in the performance of their respective functions on matters relating to the development, welfare and protection of children known to Tusla. This proposed provision is a response to the finding of a range of reports on child protection matters, including recent Annual Reports of the National Review Panel, that there is a need for improved co-operation and information sharing among State Bodies and local service providers when it comes to protecting and supporting the most vulnerable children in our society.
In addition, the Bill proposes the establishment of a Child Care Implementation and Inter-Agency Committee. It was intended that this Committee would be an effective mechanism for all relevant Government Departments and State agencies who deliver services to families and children, including those known to Tusla, in care or in aftercare, to work together efficiently, effectively and in the best interest of the children concerned within the context of their existing statutory powers and responsibilities. The Committee’s functions include developing and implementing solutions to issues arising in relation to the accessing by families and children of such services. It is proposed that the annual reports of the Committee will be laid before each House of the Oireachtas.
Further changes are proposed to reflect best practice developments in the sphere of child welfare and protection services. This includes changes to supervision orders, interim care orders, voluntary care arrangements and accommodation for children who are out of the family home. These changes to the legislation include mandating regular reviews of care arrangements to promote stability for children.
Department officials are working, in consultation with the Office of Parliamentary Counsel, to settle the Bill. Once the Bill has been finalised, I intend, subject to the agreement of my cabinet colleagues, to bring it forward to the Houses of the Oireachtas at the earliest possible juncture.
Liam Quaide (Cork East, Social Democrats)
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154. To ask the Minister for Children, Disability and Equality her plans to amend sections of the Disability Act 2005 as it relates to assessments of need; and if she will make a statement on the matter. [50532/25]
Norma Foley (Kerry, Fianna Fail)
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The statutory right to an Assessment of Need (AON) and the timeframes within which an assessment should be produced are set out in the Disability Act, 2005. However, it is important to emphasise that, while children have a right to apply for an AON, they do not need one in order to access health services, including those provided by Primary Care, Children’s Disability Network Teams (CDNT) or Mental Health Services. Nevertheless, demand for AONs has increased significantly in recent years, a reflection of both the increase in population and of families exploring all options for accessing services for their child.
There are a number of actions being progressed to support the effective and efficient provision of an AON to children who need them. In consultation with the Office of the Attorney General, the Department are currently reviewing potential legislative changes to Part 2 of the Disability Act, to support the effectiveness and efficiency of the AON process. The Department has been working with HSE senior management and experienced clinicians to identify those changes, with the intention of bringing forward legislation in the final quarter of this year. It is important to note that any changes will not affect the statutory right of any individual to access an Assessment of Need or the statutory timeframes set out in the Act.
Ensuring timely access to an AON for children continues to be a key priority for this Government.
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