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Legislative Measures

Dáil Éireann Debate, Tuesday - 21 November 2023

Tuesday, 21 November 2023

Questions (438)

Catherine Murphy

Question:

438. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the current status of the Child Care (Amendment) Bill 2023; and when this Bill will progress. [50949/23]

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Written answers

The Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care), child protection policy, and early learning and childcare services. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not otherwise receive adequate care and protection.

My Department brought forward a General Scheme and Heads of a Bill to amend the 1991 Act and this was approved by Government in April 2023. The purpose of this amendment Bill is to revise the 1991 Act to reflect changes in child welfare and protection services in the 30 years since its enactment. The Bill will also revise and update where the 1991 Act deals with the regulation of early learning and childcare services.

I referred the General Scheme to the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth for pre-legislative scrutiny, which took place in May this year. From this scrutiny, the Committee produced a detailed report on the legislative proposals. The report contained a number of recommendations to amend and further refine the General Scheme. My Department has also received some further feedback from stakeholders on the Heads of Bill.

Officials within my Department are working to ensure that both sets of recommendations are considered and are given due regard.

In parallel to the pre-legislative scrutiny process, I referred the General Scheme to the Parliamentary Counsel in the Attorney General’s Office for formal drafting. This is an ongoing process and officials within my Department continue to liaise with the Parliamentary Council as we work towards the development and the publication of a Bill.

This amendment Bill is a matter of priority for me. While my Department is eager to progress this Bill, we are anxious that the provisions are robust and that it serves vulnerable children as well as providing Tusla with a strong statutory footing in the best way possible.

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