asked the Minister for Health if he is aware that the constitutional validity of the Fit Person Order procedure under the Children Act, 1908, is in doubt; and if he has prepared legislation to amend the Children Act, 1908 to bring it into the line with the provisions of the Constitution.
Ceisteanna—Questions . Oral Answers . - Children Act, 1908 .
2.
: I am not aware of the doubt referred to by the Deputy and, accordingly, have not prepared amending legislation.
I do, however, expect that the task force on child care services will, in its report, make recommendations on the future legislative provision and procedures to be applied to children who may need to be committed to the care of persons other than their parents.
: Do I gather from the Minister that he is not aware that there are questions as to the constitutional validity?
: I am not aware of the doubt referred to by the Deputy.
: Might I ask the Minister whether he is aware that constitutional doubts have been raised because the use of such procedure involves a situation in which notice of the proceedings is not served on the parents of the child in question who may be taken out of their custody? A fit-person's order can be made where you have one parent who is negligent and another who may be exemplary. Because the order is made in the District Court, it can result in a child being put into custody until the child reaches 16 years of age. Is the Minister not aware that there have been proceedings questioning the constitutional validity of this type of procedure?
: The Deputy is aware that the task force will naturally consider that aspect in its examination of this whole area and any legislation I would contemplate in regard to children would necessarily have to await the report of the task force.
: Would the Minister accept there is a considerable degree of urgency in updating the Children's Act of 1908 which is based on Victorianism?
: Yes.