Dáil Éireann debate -
Wednesday, 24 Jun 1992

Vol. 421 No. 5

Written Answers. - Child Care Legislation.

Joe Sherlock

Question:

19 Mr. Sherlock asked the Minister for Health if he will give details of the sections of the Child Care Act, 1991, which have been brought into effect since the beginning of 1992; if he will outline the number of sections of the Act which remain to be brought into effect; if any timetable has been set for the implementation of the outstanding sections; and if he will make a statement on the matter.

Garrett Fitzgerald

Question:

21 Dr. G. FitzGerald asked the Minister for Health if he will outline the prospective date for the implementation of the remaining sections of the Child Care Act, 1991.

Brian O'Shea

Question:

81 Mr. O'Shea asked the Minister for Health if he will outline the sections of the children Act which have as yet not been brought into legal effect; and if he will make a statement on the matter.

Eamon Gilmore

Question:

130 Mr. Gilmore asked the Minister for Health when he intends to make an order or orders to bring the Child Care Act, 1991 into effect.

Minister for Health (Dr. O'Connell)

I propose to take Questions Nos. 19, 21, 81 and 130 together.

The Child Care Act 1991 was enacted by the Oireachtas on 10 July last.

Given the scale and complexity of the new legislative provisions contained in the Act, it has always been recognised by all sides of the House and by the various interests groups that the Act would have to be implemented on a phased basis over a number of years. This is acknowledged in the Programme for Economic and Social Progress which contains a specific commitment to implement the legislation over the period of the seven-year programme.

Certain provisions of the Act were brought into operation on 1 December last. These include Section 74 which imposes new legal controls on the sale of solvents to children.

The following provisions of the Act were brought into operation on 1 June of this year:

Section 9 which empowers the health boards to arrange for voluntary bodies and other persons to provide child care and family support services under the legislation on their behalf;

Section 10 which permits the health boards to assist bodies and persons providing services on their behalf; and

Section 66 which provides for the extension of the Local Government Superannuation Scheme to the staffs of certain children's residential centres.

I intend to commence the following preventative and service-delivery provisions of the Act before the end of this year:

Section 3 which imposes a statutory duty on health boards to promote the welfare of children who are not receiving adequate care and protection and empowers them to provide a comprehensive range of child care and family support services;

Section 5 which imposes a statutory duty on health boards to provide accommodation for homeless children;

Section 6 which requires health boards to provide or ensure the provision of an adoption service in their areas; and

Section 7 which requires each health board to establish a Child Care Advisory Committee to advise and assist it in the performance of its functions under the new legislation.

I want to assure the House that it is my intention that the remaining provisions of the legislation will be implemented within the time scale envisaged in theProgramme for Economic and Social Progress.