Dáil Éireann Debate, Tuesday - 8 February 2022
478. Deputy Kathleen Funchion asked the Minister for Children, Equality, Disability, Integration and Youth when the heads and general scheme of a childcare (amendment) Bill will be published; and if he will make a statement on the matter. [5841/22]
View answerMy Department is currently drafting Heads of Bill following a review of the Child Care Act 1991. Government approval was granted in 2021 for the drafting of a General Scheme of an Amendment Bill to revise and update the existing legislation. This follows extensive consultation with stakeholders, including an Open Policy Debate in 2017, written consultations in 2018 and 2020 and extensive engagement with Tusla, the Child and Family Agency.
The 1991 Act is a wide-ranging piece of legislation, which seeks to promote the welfare of children who may not receive adequate care and protection. The proposals include changes across a wide range of areas, from relatively minor or procedural issues, to more significant reform proposals. This is a very large piece of work and my officials are currently drafting the General Scheme in consultation with colleagues in related policy areas within the Department and in other Departments.
It is anticipated that the General Scheme will be drafted by the end of the year. Following Approval by Government the Heads of Bill will be published and sent to the relevant Joint Oireachtas Committee for pre-legislative scrutiny.
Overview of Proposals
While many of the proposed changes are relatively minor or procedural in nature, some of the more significant areas of focus are as follows:
- It is proposed to introduce a guiding principles section to the Act, with the best interests of the child to be the paramount principle.
- Proposals to foster improved interagency cooperation include introducing a duty to cooperate and legislating for both local and national coordination bodies.
- The voice of the child is to be strengthened both in court proceedings and in decisions taken outside the court setting.
- In tandem with Family Court Reform being progressed by the Department of Justice, it is proposed to update provisions regarding local jurisdiction and to streamline and enhance the inquisitorial aspect of child care proceedings by putting in place enabling provisions to facilitate active case management and the introduction of alternative dispute resolution mechanisms (ADR).
- The proposals also include amendments to existing rules for Supervision Orders, Interim Care Orders, Care Orders, Emergency Care Orders and Voluntary Care Agreements.
