Proposed Legislation

Thursday, 25 January 2024

Questions (318)

Patrick Costello

Question:

318. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth to provide an update on the drafting of amendments to the Health Act 2007 that will transfer the registration and inspection functions for non-statutory children's residential centres from Tusla to HIQA; if the necessary amendments will be included in the Child Care (Amendment) Bill 2024 or the Health (Amendment) (No. 2) Bill 2024 as a miscellaneous provision; and if he will make a statement on the matter. [3510/24]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

All residential care centres for children are subject to, and inspected against, the National Standards for Children's Residential Centres. HIQA are responsible for the inspection of centres operated directly by the Child and Family Agency (Tusla), whereas, under Part VIII of the Child Care Act 1991, Tusla are currently responsible for inspecting non-statutory centres for children that are operated by private and community organisations.

The Department of Children has indicated its intention to move to HIQA the registration and inspection of non-statutory residential centres for the care of children. However, the legislative amendments that are required in order to effect this change are complex, and span both the Child Care Act 1991, as amended, and provisions under the Health Act 2007.

The Department of Children continues to work to consider and progress these amendments. The Health Act 2007 is under the remit of the Department of Health, and amendments to that Act continue to be subject to consultation with that Department.