Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 26 Apr 2007

Vol. 636 No. 3

Child Care (Amendment) Bill 2006: Report and Final Stages.

Bill recommitted in respect of amendments Nos. 1 to 5, inclusive.

Amendments Nos. 1 to 4, inclusive, are related and will be discussed together.

I move amendment No. 1:

In page 3, to delete lines 5 to 11 and substitute the following:

"AN ACT TO AMEND THE CHILD CARE ACT 1991 AND TO MAKE CONSEQUENTIAL AND OTHER AMENDMENTS TO THE CHILDREN ACT 2001; AND TO PROVIDE FOR RELATED MATTERS.".

Amendment No 1 changes the Long Title to accommodate the changes proposed to the 2001 Act and the sections of the 1991 Act other than those set out in the original Bill. Amendment No. 2 provides for the Short Title, collective citation and commencement. Amendments Nos. 3 and 4 are technical and consequential.

Amendment agreed to.

I move amendment No. 2:

In page 3, between lines 12 and 13, to insert the following:

"PART 1

PRELIMINARY

1.—(1) This Act may be cited as the Child Care (Amendment) Act 2007.

(2) The Child Care Acts 1991 and 2001, section 75 of the Health Act 2004 (in so far as it amends the Child Care Acts 1991 and 2001), Part 2, section 19 (in so far as it amends the Child Care Acts 1991 and 2001) and this subsection may be cited together as the Child Care Acts 1991 to 2007.

(3) The Children Act 2001, section 75 of the Health Act 2004 (in so far as it amends the Children Act 2001), Part 12 of the Criminal Justice Act 2006, Part 3 (except section 19) and this subsection may be cited together as the Children Acts 2001 to 2007.

(4) This Act shall come into operation on such day or days as the Minister for Health and Children may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.".

Amendment agreed to.

I move amendment No. 3:

In page 3, to delete lines 13 to 15.

Amendment agreed to.

I move amendment No. 4:

In page 3, between lines 15 and 16, to insert the following:

"PART 2

AMENDMENT OF CHILD CARE ACT 1991

2.—In this Part, "Principal Act" means the Child Care Act 1991.".

Amendment agreed to.

I move amendment No. 5:

In page 3, between lines 15 and 16, to insert the following:

3.—Section 29 of the Principal Act is amended by inserting the following subsections after subsection (4):

"(5) Nothing contained in this section shall operate to prohibit—

(a) the preparation of a report of proceedings under Part III, IV or VI by—

(i) a barrister or a solicitor,

(ii) subject to subsection (6), a person falling within a class of persons representing, and authorised in writing by, the Board, within the meaning of section 225(1) (as amended by section 16 of the Child Care (Amendment) Act 2007) of the Children Act 2001, for the purposes of this subsection, or

(iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,

(b) the publication of a report prepared in accordance with paragraph(a), or

(c) the publication of the decision of any court in such proceedings, in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report—

(i) attend the proceedings, and

(ii) have access to any relevant court documents, subject to any directions the court may give in that behalf.

(6) The Board referred to in subsection (5)(a)(ii) shall consult with the Minister before authorising a class of persons for the purposes of subsection (5).

(7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.

(8) Nothing contained in this section shall be construed to prejudice the generality of—

(a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision,or

(b) section 267(2) of the Children Act 2001.

(9) In subsection (5), "proceedings" include proceedings commenced but not completed before the commencement of that subsection.".".

The purpose of this amendment is to modify the in camera rule in child care proceedings, set out in section 29 of the 1991 Act, to allow for the attendance at and reporting of child care proceedings in specified circumstances and by specified classes of persons. There is a need to use an evidence base in approaching policy making in this area. To keep the workings of the 1991 Act under ongoing review and in the context of the important role of the courts in the child care system, there is a need to open matters up to scrutiny in a balanced way.

The amendment reflects, in broad terms, the changes introduced in section 40 of the Civil Liability and Courts Act 2004, which modified the in camera rule in family law proceedings. It provides that barristers and solicitors and those representing and authorised in writing by the advisory board, following regulations specified by the Minister following consultation with the Minister for Justice, Equality and Law Reform, have access to documents and prepare a report for publication of child care proceedings. Rules of court can be drawn up to regulate this. No child can be identified as a result of this change.

One of the key points that arose in the discussion on the proposed amendment to the Constitution was people's concern that children are being taken away from them. An extremely irresponsible campaign was mounted in a publication called Alive Magazine, which is widely circulated in churches, suggesting that I intended to seize vast numbers of children from their parents. It is important that we should carry out this kind of research in the courts charged with dealing with these matters.

Amendment agreed to.
Bill reported with amendments.

I move amendment No. 6:

In page 3, line 30, to delete "five" and substitute "three".

The Bill provides that a foster parent or relative who has cared for a child for a continuous period of five years — the child having, in the first instance, been placed with him or her by the Health Service Executive — may apply for a court order for increased autonomy in respect of the care of the child. Concerns were raised in the Upper House that the period of five years is too long. It was suggested that it should be shortened, that it should not have to be a strictly continuous period and that it should cater for short interruptions. I welcome the fact that the Minister has accepted changes on the points of continuity and that there is now provision for short breaks and interruptions in care. However, the five-year requirement has been retained. I urge the Minister to reconsider this point and that is the purpose of my amendment.

The point was made repeatedly that in the life of a child five years is a very long period of time. It can, for instance, represent the entirety of attendance at primary school or at secondary school where no transition year is involved. From the interest of the child and the care provider, whether foster parent or relative guardian, the time should be shortened and three years is a more appropriate period. The Minister of State went some considerable way to address the concerns reflected in these Houses on this matter. I again take the opportunity to encourage him to revisit the five-year ruling and to shorten it to three years.

This was discussed on Second Stage in this House and extensively in the Seanad. When speaking on Second Stage, Deputy Lynch of the Labour Party strongly agreed with the view I took on the five-year period. This is a difficult issue. We will delegate responsibilities vested in the State to foster carers and a balance must be struck. If instability and interruptions occur in the placement it would not be appropriate for the foster carers to have increased autonomy in respect of the child.

Where an order is granted under this Bill the State will delegate its responsibilities with regard to a child in care to a foster carer, but it cannot do so lightly. The State must be satisfied the foster parent or relative has an unblemished history of care in respect of the child concerned. This Bill establishes a transition in the case of children in long-term care.

An issue is also raised with regard to the placement and care of a child. I am sure Deputy Ó Caoláin is aware that often children are voluntarily surrendered into care. Social workers must give reassurance to people placing their children in care that they can have their child returned to them. At the same time, through this Bill the Oireachtas will state that if a child remains in care for a designated period of time, the parents and HSE can go to court and give the foster parents increased powers to decide on the medical welfare, education and other decisions that must be taken with regard to a child such as obtaining a passport.

All these will be exercised by foster parents without intensive supervision by social workers. At present, such matters are intensively supervised by social work staff. The regime of intensive supervision of foster carers will be relaxed where a period of time has elapsed and a demonstrated capacity has been established. I take the point made by Deputy Ó Caoláin, but to reduce the period to less than five years might get the balance wrong.

This is a difficult area and clearly not every case will be the same. What we are trying to provide for is the right to apply. We are not determining the outcome. I take on board the point made by the Minister of State, but we should open the door to the opportunity. During the process of an application for a court order, the considered and well-based views of professionals will be taken into account and each case will be judged on its merit and on what is appropriate. We should open up the opportunity for a foster parent or relative guardian to make an application after three years. The five-year period as designated in the legislation is too restrictive. For all the reasons I already outlined, not least of which is the substantial period in the lifetime of a child, we are erring too much on the side of caution. We must have faith in the process to make the correct decision and we should reduce the number of years from five to three.

I do not have a lack of faith in the process. I am concerned with the more fundamental question. We are discussing foster children who have parents and the message we would send to those parents is that after three years their child can end up in the delegated responsibility of someone else. That is the danger I see in erring on the side taken by Deputy Ó Caoláin in specifying a period of three years.

At present, the position of a foster child is that intensive social work supervision continues to the age of 18 years. This legislation was produced as a result of the many children in long-term fostering arrangements where for all practical purposes the child is assimilated into a fostering family and yet the family has difficulty in such matters as obtaining a passport for the child. Other examples of difficulties are where the child is singled out with regard to school tours as the social worker must be contacted to write a letter granting permission and quick decisions cannot be made on medical matters as one must go to the social worker to obtain consent.

A balance must be struck. When a child is taken into care, the State assumes responsibility for the child. We do not need to discuss what happened in the past to realise the seriousness of the obligation it imposes on us as legislators to ensure a basic level of supervision takes place. I appreciate what Deputy Ó Caoláin said. It is a very difficult balance but I think we got it right in this Bill. I am satisfied from what I heard in both Houses that we should stick to the five-year period.

Question, "That the word proposed to be deleted stand", put and declared carried.
Amendment declared lost.
Amendments Nos. 7 to 9, inclusive, not moved.

Acting Chairman

Amendments Nos. 10 and 11 form a composite proposal and amendments Nos. 11 and 12 are alternatives. Amendments Nos. 10 to 12, inclusive, will be discussed together.

Bill recommitted in respect of amendments Nos. 10 and 11.

I move amendment No. 10:

In page 6, line 28, to delete "concerned." and substitute "concerned;".

This arises from Committee Stage when Deputy McManus made a fair case on the need to ensure broader representation when a child is subject to proceedings under the Bill. I did not accept certain amendments she tabled in this regard but she tabled one that seemed to address the issue. As she had left, I indicated I would accept the amendment. Amendments Nos. 10 and 11 are Government amendments.

Deputy McManus has tabled amendment No. 12, which states "a person who, in the opinion of the court, has a bona fide interest in the child.” The only difference in my amendment is that it is the “child concerned.” The draftsman suggested the addition of the word “concerned” to the amendment put down by the Deputy, so I am in effect accepting it. It is a good formulation because it is wide enough to give the court power to let an appropriate person in.

I welcome that and I thank the Minister of State.

Amendment agreed to.

I move amendment No. 11:

In page 6, between lines 28 and 29, to insert the following:

"(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.”.

Amendment agreed to.
Bill reported with amendments.
Amendment No. 12 not moved.
Bill recommitted in respect of amendments Nos. 13 to 31, inclusive.

I move amendment No. 13:

In page 7, between lines 7 and 8, to insert the following:

"3.—Section 49 (as amended by item 54 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is repealed and the following section substituted:

49.—In this Part—

‘authorised person' means a person appointed under section 54 to be an authorised person for the purposes of this Part;

‘pre-school child' means a child—

(a) who has not attained the age of six years, and

(b) who is not attending—

(i) a school, or

(ii) an establishment which provides an education programme similar to that provided by a school;

‘pre-school service' means any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children, including those grant-aided by the Health Service Executive;

‘school' means an establishment which provides—

(a) primary education to its students,

(b) early childhood education, or

(c) both primary education to its students and early childhood education;

‘school age child' means a child who is attending a school age service;

‘school age service' means a childcare service—

(a) provided on a regular basis for children (or a class of children) who attend—

(i) a school, or

(ii) an establishment which provides an educational programme similar to that provided by a school,

(b) provided outside of normal school hours, and

(c) the basis of access to which is made publicly known to the parents and guardians of children referred to in paragraph (a).”.”.

This amendment inserts the definitions of what school age child and school age child care are into section 49 of the legislation.

Amendment agreed to.

Acting Chairman

Amendments Nos. 14 to 20, inclusive, are related and may be discussed together.

I move amendment No. 14:

In page 7, between lines 7 and 8, to insert the following:

"4.—Section 50 (as amended by item 55 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(a) in subsection (1), by inserting “or school age children” after “services”,

(b) in subsections (2)(a) and (c) and (3)(a), (b) and (c), by inserting “or school age services” after “services”, and

(c) by inserting the following subsection after subsection (3):

"(3A) On and after the commencement of section 11 of the Child Care (Amendment) Act 2007, regulations may be made under this section to apply to persons falling within section 58(2) (as inserted by such section 11).”.”.

These are the amendments dealing with the regulations on school age services and they can specify various requirements under amendment No. 14. Amendment No. 15 concerns the duty to notify the HSE if such a service is being carried out. Amendment No. 16 stipulates that the person carrying on a school age service must have reasonable measures to safeguard the health, safety and welfare of school age children. Amendment No. 17 provides that the HSE will visit each school age service from time to time.

Amendment No. 18 provides that where the HSE has received notification of a service, it will be entitled to enter the premises at reasonable times. Amendment No. 19 provides that the HSE may provide school age services and regulations may be made by the Minister. Amendment No. 20 provides for offences.

Amendment agreed to.

I move amendment No. 15:

In page 7, between lines 7 and 8, to insert the following:

"5.—Section 51 (as substituted by item 56 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting the following subsections after subsection (2):

"(3) A person carrying on a school age service on the commencement of this subsection shall give notice to the Health Service Executive in the prescribed manner.

(4) A person who, after the commencement of subsection (3), proposes to carry on a school age service shall give notice to the Health Service Executive in the prescribed manner.".".

Amendment agreed to.

I move amendment No. 16:

In page 7, between lines 7 and 8, to insert the following:

"6.—Section 52 of the Principal Act is amended—

(a) by inserting “or school age service” after “pre-school service”, and

(b) by deleting “the service” and substituting “the pre-school service or school age children attending the school age service, as the case may be,”.”.

Amendment agreed to.

I move amendment No. 17:

In page 7, between lines 7 and 8, to insert the following:

"7.—Section 53 (as amended by item 57 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting "or school age service" after "pre-school service".".

Amendment agreed to.

I move amendment No. 18:

In page 7, between lines 7 and 8, to insert the following:

"8.—Section 55 (as amended by item 59 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(a) in subsections (1) and (2), by inserting “or school age service” after “service”, and

(b) in subsection (3), by inserting “or school age children” after “children”.”.

Amendment agreed to.

I move amendment No. 19:

In page 7, between lines 7 and 8, to insert the following:

"9.—Section 56 (as amended by item 60 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(a) in subsections (1) and (2), by inserting “or school age services” after “services”, and

(b) in subsection (3), by inserting ”or school age services“ after ”pre-school services“.”.

Amendment agreed to.

I move amendment No. 20:

In page 7, between lines 7 and 8, to insert the following:

"10.—Section 57(2) of the Principal Act is amended by inserting "or school age service, or both" after "service".".

Amendment agreed to.

I move amendment No. 21:

In page 7, between lines 7 and 8, to insert the following:

"11.—Section 58 of the Principal Act is repealed and the following section substituted:

58.—(1) Regulations under section 50 and sections 51 to 57 shall not apply to—

(a) the care of one or more children undertaken by a relative of the child or children or the spouse of such relative, or

(b) a person taking care of one or more children of the same family and no other children (other than that person’s own children) in that person’s home.

(2) Sections 51 to 57 shall not apply to a person taking care of not more than 5 children, of whom not more than 3 may be pre-school children, of different families (but excluding that person's own children) in that person's home.

(3) In this section, ‘child' means a person who has not attained the age of 18 years.".".

This amendment provides for exemption from the requirements of section 50 to 57, inclusive, of the Act for a person caring for children of relatives or a sibling group of children and to provide for an exemption from sections 51 to 57, inclusive, for a person caring for not more than five children of different families, of whom not more than three can be preschool children and excluding that person's own children in that person's home.

Amendment agreed to.

I move amendment No. 22:

In page 7, between lines 7 and 8, to insert the following:

"PART 3

CONSEQUENTIAL AND OTHER AMENDMENTS TO CHILDREN ACT 2001

12.—In this Part, "Act of 2001" means "the Children Act 2001.".

This is a technical amendment, the effect of which is to insert a new Part heading and to define "Act of 2001" for the purpose of Part 3 to mean "the Children Act 2001".

Amendment agreed to.

Acting Chairman

Amendments Nos. 23 to 25, inclusive, are related and may be discussed together.

I move amendment No. 23:

In page 7, between lines 7 and 8, to insert the following:

"13.—Section 16 of the Act of 2001 is amended by repealing it only to the extent that it provides for the insertion of section 23D, as set out in such section 16, into the Child Care Act 1991.".

These amendments relate to the Children Act 2001. Amendments Nos. 24 and 25 provide for changes to section 76A(1)(c) and section 77(1), which concern HSE-provided family welfare conferences, which may arise in the context of juvenile justice court proceedings. These sections provide that a court hearing criminal proceedings against a child may, where the court considers a welfare issue arises in respect of the child that may involve the HSE exercising its powers, apply for a care of supervision order to direct the executive to hold a family welfare conference in respect of the child. This would be in order for the executive to determine and advise the court on what, if any, action the executive should take in respect of the child.

The purpose of these amendments is to provide that the use of family welfare conferences which arise in the context of juvenile justice cases is practical. Amendment No. 24 deletes words from section 76A(1)(c) relating to court directed family welfare conferences by the HSE under section 77. The words are “and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of that child.” That is an essential section to clarify that the HSE can take action of that type on foot of a family welfare conference.

Amendment No. 25 amends section 77 and provides that where a court directs the HSE to hold a family welfare conference, the court must be satisfied in its view that it is practicable for the executive to hold such a conference having regard to the age of the child and his or her family circumstances.

The amendments clarify that it will be for the HSE to apply for orders under the 1991 Act in respect of the child where this is appropriate following the conference. These amendments will allow for the early commencement of section 77.

Amendment No. 23 provides for the repeal of section 16 to the extent that it provides for the insertion of section 23D into the Child Care Act 1991, as the section is not legally workable.

Amendment agreed to.

I move amendment No. 24:

In page 7, between lines 7 and 8, to insert the following:

"14.—Section 76A(1)(c) (inserted by section 132 of the Criminal Justice Act 2006) of the Act of 2001 is amended by deleting ”and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child”.”.

Amendment agreed to.

I move amendment No. 25:

In page 7, between lines 7 and 8, to insert the following:

"15.—Section 77(1) (as amended by item 13 of Part 11 of Schedule 7 to the Health Act 2004) of the Act of 2001 is amended—

(a) in paragraph (a), by deleting “, and” and substituting “if in the Court’s view it is practicable for the Health Service Executive to hold such a conference having regard to the age of the child and his or her family and other circumstances,”, and

(b) by deleting paragraph (b).”.

Amendment agreed to.

Acting Chairman

Amendments Nos. 26 to 28, inclusive, are related and may be discussed together.

I move amendment No. 26:

In page 7, between lines 7 and 8, to insert the following:

"16.—Section 225(1) of the Act of 2001 is amended, in the definition of "Board", by inserting "and known, after the commencement of section 226A, as the Children Acts Advisory Board" after "section 226".".

The purpose of the amendment is to change the name, role and function of the Special Residential Services Board in line with overall Government policy on the formation and functions of the Office of the Minister for Children.

Amendment agreed to.

I move amendment No. 27:

In page 7, between lines 7 and 8, to insert the following:

"17.—The following section is inserted in the Act of 2001 after section 226:

226A.—On the commencement of this section, the Board shall be known as the Children Acts Advisory Board, or in the Irish language An Bord Comhairleach um Achtanna na Leanaí.".".

Amendment agreed to.

I move amendment No. 28:

In page 7, between lines 7 and 8, to insert the following:

"18.—Section 227 (as amended by item 17 of Part 11 of Schedule 7 to the Health Act 2004 and section 156 of the Criminal Justice Act 2006) of the Act of 2001 is repealed and the following section substituted:

227.—(1) The Board shall—

(a) on request advise the Ministers on policy issues relating to the coordinated delivery of services under this Act and the Act of 1991 (including residential accommodation and support services to children detained in children detention schools and special care units),

(b) publish guidance on the qualifications, criteria for appointment, training and role of any guardian ad litem appointed for children in proceedings under the Act of 1991,

(c) in consultation with the Health Service Executive, prepare and publish criteria for the admission to and discharge from special care units of children subject to special care and interim special care orders,

(d) subject to subsection (6) of section 29 (as amended by section 3 of the Child Care (Amendment) Act 2007) of the Act of 1991, authorise in writing a class or classes of persons representing the Board to prepare reports referred to in, and for the purposes of, subsection (5) of that section 29,

(e) give its views on any proposal of the Health Service Executive, pursuant to section 23A(2)(b) (inserted by section 16 of this Act), to apply for a special care order under Part IVA of the Act of 1991,

(f) using published sources, report on the level and nature of residential accommodation and support services to children detained in children detention schools and special care units,

(g) promote enhanced inter-agency co-operation (including the sharing of information) under this Act and the Act of 1991,

(h) promote, organise or take part in meetings, seminars, conferences, lectures or demonstrations (whether in the State or elsewhere) in relation to its functions set out in paragraphs (a) to (g), and

(i) conduct or commission research, and collect, maintain, research and evaluate statistics and other data, relating to its functions set out in paragraphs (a) to (h).

(2) The Board, in performing its functions, shall have regard to the policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to those functions.

(3) The Board shall have all such powers as are necessary or expedient for the exercise of its functions.".".

Amendment agreed to.

Acting Chairman

Amendments Nos. 29 to 31, inclusive, are related and may be discussed together.

I move amendment No. 29:

In page 7, between lines 7 and 8, to insert the following:

"19.—(1) The Acts specified in Part 1 of the Schedule are amended as indicated in that Part.

(2) The statutory instruments specified in Part 2 of the Schedule are amended as indicated in that Part.”.

All these amendments relate to the Schedule to the Act and relate to the adaptation of various provisions of other Acts to reflect the amendments already made.

Amendment agreed to.

I move amendment No. 30:

In page 7, to delete lines 8 to 16.

Amendment agreed to.

I move amendment No. 31:

In page 7, after line 16, to insert the following:

SCHEDULE

AMENDMENT OF ACTS AND STATUTORY INSTRUMENTS TO CHANGE NAME OF SPECIAL RESIDENTIAL SERVICES BOARD TO CHILDREN ACTS ADVISORY BOARD

PART 1

AMENDMENT OF ACTS TO CHANGE NAME OF SPECIAL RESIDENTIAL SERVICES BOARD TO CHILDREN ACTS ADVISORY BOARD

Item

Provision affected

Amendment

1.

Section 23A(2)(b) (as inserted by section 16 of the Children Act 2001 and amended by section 75 of the Health Act 2004) of the Child Care Act 1991

Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

2.

Section 23B(1) (as inserted by section 16 of the Children Act 2001 and amended by section 75 of the Health Act 2004) of the Child Care Act 1991

Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

3.

Paragraph 143 (inserted by section 5(e) of the Finance Act 2004) of the Taxes Consolidation Act 1997

Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

PART 2

AMENDMENT OF STATUTORY INSTRUMENTS TO CHANGE NAME OF SPECIAL NAME OF SPECIAL RESIDENTIAL SERVICES BOARD to CHILDREN ACTS ADVISORY BOARD

Item

Provision affected

Amendment

1.

Regulation 3 of the Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

(a) Insert the following after the definition of “authorised officer”:

““Children Acts Advisory Board” means the Board within the meaning of section 225 (1) (as amended by section 16 of the Child Care (Amendment) Act 2007) of the Children Act 2001;”.

(b) Delete the definition of “Special Residential Services Board”.

2.

Regulation 25 (2)(o) of the Child Care (Special Care) Regulations 2004

Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

3.

Regulation 26 of the Child Care (Special Care) Regulations 2004

(a) In paragraph (3)(b)(iv), delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

(b) In paragraph (9), delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

4.

Schedule to the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004

In column (2), opposite reference number 182, delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

5.

Schedule to the Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006

Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”.

".

Bill reported with amendments.
Bill, as amended, received for final consideration and passed.

Acting Chairman

A message shall be sent to the Seanad acquainting it accordingly.

Top
Share