Dáil Éireann Debate, Tuesday - 21 November 2023
447. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth to clarify what aspects or provisions of the Child Care Act 1991 he believes need to be updated in order to reflect changes, both in society and in the institutional structures providing child welfare and protection services; his understanding of children's rights; and if he will make a statement on the matter. [51110/23]
View answerThe Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care) and child protection policy in Ireland. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.
The Government committed to undertaking a review of the 1991 Act in the National Policy Framework for Children and Young People: Better Outcomes Brighter Futures 2014-2020. This review of the 1991 Act found it continues to serve children well and there is much that is worth retaining. However, the child protection and welfare landscape in Ireland has changed greatly since the Act’s full commencement, in terms of both the State’s response and the nature and complexity of child protection and welfare matters. It is therefore unsurprising that there are areas that require updating to reflect these changes both in society and in the institutional structures providing child welfare and protection services, and our understanding of children’s rights, and also to allow for positive practice developments to be enshrined in law where needed.
I therefore, brought forward a General Scheme and Heads of a Bill to amend the 1991 Act and this was approved in April 2023 by Government.
Some of the most significant areas of change that are included in the General Scheme of the Bill are as follows:
- - Introduction of a guiding principles section to the Act, with the best interests of the child as the overriding principle.
- - Introduction of a duty to cooperate between relevant bodies, such as Tusla, Government Departments, the Health Service Executive (HSE) and An Garda Síochána (AGS). This cooperation will include the sharing of information between relevant bodies and Tusla, and with each other, in accordance with the law and as necessary and proportionate.
- - The voice of the child is to be strengthened both in court proceedings and in decisions taken outside the court setting by introducing a principle that children should be able to participate in the decision-making process.
- - Amendments to Section 3 of the Child Care Act and to the Children First Act 2015 related to assessments of reports of harm.
- - Amendments to existing rules for Supervision Orders, Interim Care Orders, Care Orders, Emergency Care Orders and Voluntary Care Agreements.
- - Amendments to Part VIIA to allow Tusla Early Years Inspectorate to immediately close unregistered early learning and childcare services, to temporarily suspend registered services where there are concerns about significant risk to children, to share information on enforcement action with parents, to place some additional enforcement measures on a legislative footing, and to introduce a “Fit Person” regulation (see Report on a Public Consultation on a Review of Regulations for Early Learning and Care).
The General Scheme was subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth, from which an extensive report containing several recommendations was published. My Department has also received further recommendations from a range of stakeholders based on the General Scheme and Heads of Bill. Officials within my Department are considering these recommendations and may refine our legislative proposals to reflect these recommendations.
My Department is also currently working with the Parliamentary Counsel in the Attorney General’s Office to work towards the development and the publication of a Bill.
