asked the Minister for Health when it is proposed to publish the Children Bill.
8.
Ceisteanna-Questions. Oral Answers. - Children Bill.
7.
asked the Minister for Health when he proposes to bring before the Dáil the Children Bill at present being formulated by his Department; if he will agree to raise the age of criminal responsibility and make parents more firmly and definitely responsible in law for the behaviour of their children under this age; and if he will make a statement on the matter.
I propose to take Questions Nos. 7 and 8 together.
As indicated in the national plan, Building on Reality, the Government intend to bring forward a series of complementary Bills which will update and extend our child care legislation.
The scheme of the first of these Bills has recently been approved by the Government. It is now with the Parliamentary Draftsman and I expect the Bill to be published before the end of next month. The Bill, which will deal with the care and protection of children, will provide for the following:
(1) New system for the supervision and registration of day care services for children — for example, nurseries, creches.
(2) Updating of the law in relation to foster care to promote greater use of this form of care for children who need to be looked after apart from their family;
(3) A reorganised system of residential care with the emphasis on small family-type units.
(4) Strengthening of the powers of health boards to intervene in cases of child abuse and neglect.
(5) Increased penalties for offences against children and provision for new offences — for example, restrictions on the sale of solvents to children.
(6) New powers for health boards to provide child care and family support services.
A second Bill will amend the Adoption Acts in the light of the recent report and recommendations of the Review Committee on Adoption Services.
The Government are also committed to bringing forward revised measures in relation to young offenders and this will be the subject of a third Bill. The question of raising the age of criminal responsibility and of strengthening the law with regard to parental responsibility for damages caused by children who have not reached the age of criminal responsibility will fall to be considered in this context.
It might be noted that under existing legislation — section 99 of the Children Act, 1908 — a court may order a parent to pay a fine, damage or costs in respect of an offence committed by his child unless the court is satisfied that the parent did not conduce to the commission of the offence by neglecting to exercise due care of the child. A child for this purpose means a person who has attained the age of criminal responsibility, which is seven years at present.
Deputy L. Fitzgerald rose.
We have made very little progress today and I suppose that is as much the fault of the Chair as anybody else. I will not in any circumstances allow a debate on a Bill which has been promised for next month and will be coming before the House.
I put down a question on this issue in the spring of 1983 so I should like to ask a few questions, although I accept your ruling. Could I ask the Minister if his Bill will take due account of——
I am ruling that out of order because it is anticipating Second and Committee Stages of the Bill.
The Minister has given some information, surely a few questions are not out of order?
I know that Deputies are in the House for a comparatively short time. I should like to read a ruling of one of my predecessors. He said that Members who habitually make speeches instead of asking questions or are persistently irrelevant are advised that the Chair may exercise his discretion to refuse or curtail supplementary Questions. Question Time in the House has been turned completely and utterly on its head. There will not be a debate on the Bill which is to be introduced next month, I am sorry.
The Minister said——
Unfortunately, I have no control over what Ministers say.
I am disappointed at your ruling.
I am sorry about that.
Nevertheless, I am prepared to abide by it. Does the Minister accept that the apparent breakdown in parental control in urban areas in certain cases is contributing fairly substantially to the breakdown of law and order? In view of the fact that the Children Bill is to be brought forward, have the Department evaluated the extent to which this is applicable and will the Bill take account of this aspect?
It will in so far as the age of criminal responsibility will be changed. The age has not been decided finally by the Government. The Bill will provide that a court may impose considerable strictures on a parent who fails to exercise due care in respect of the activities of his children.
Because the age of criminal responsibility is so low, seven years——
Again, the Deputy is embarking on a detailed discussion of the Bill.
I am very disappointed that while I am asking simple questions you are interrupting me.
I will not allow what is tantamount to a debate on the Bill.
Am I not entitled to refer to something that might be included in the Bill?
Standing Orders provide clearly that in a Second Stage debate reference to everything that is in the Bill or to anything that should be in it is in order but I am not prepared to allow Question Time to be turned into a Second Stage debate. Deputy Mitchell.
I must leave the House in protest at this attitude and because of your allowing Deputy Mitchell to intrude.
I have been endeavouring for some time to ask a supplementary.
The Deputy may proceed so long as his supplementary is in order.
Regarding Question No. 7, are we to have during this session all three Bills that are promised?
No. We will have the Bill being referred to during this session.
Would it not be more appropriate to bring forward one comprehensive Bill to deal with all these issues?
The general issue of adoption, and particularly the question surrounding the adoption of legitimate children, so called, is a major issue which has required considerable Government time. That can be said, too, of the system of juvenile justice that is being incorporated in the Bill. Because those are two major issues it was considered that a single Bill would have to contain from 300 to 400 sections. The one we are talking of comprises 98 sections already.
Question No. 9 postponed.