I move amendment No. 1:—
In page 3, to delete paragraph (b).
This is necessary in view of the provisions of the next consequential amendment.
Registration of Maternity Homes Bill, 1934—Money Resolution. - Children Bill, 1934—Committee Stage.
Sections 1, 2 and 3 agreed to.
SECTION 4.
Section 2 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) in sub-section (2) of the said section, by the insertion of the words "health and" before the word "proper," and the deletion of all words after the word "authorisation" in the proviso;
(b) in sub-section (4) of the said section, by the insertion of the words "with the consent of the Minister" before the word "exempt";
(c) in sub-section (6) of the said section, by the substitution of the word "nine" for the word "seven."
Amendment No. 1 agreed to.
I move amendment No. 2:—
In page 3, to add at the end of the section a new sub-section as follows:—
(2) The following provisions shall have effect in relation to Section 2 of the Principal Act, that is to say:—
(a) every appointment under sub-section (2) of Section 2 of the Principal Act of a person to be an infant protection visitor shall be subject to the approval of the Minister for Local Government and Public Health;
(b) every person appointed (whether before or after the passing of this Act) under sub-section (2) of Section 2 of the Principal Act to be an infant protection visitor may at any time be removed from that position by the local authority with the approval of the Minister for Local Government and Public Health or by the said Minister;
(c) every authorisation under the proviso to sub-section (2) of Section 2 of the Principal Act of a person to exercise the powers of infant protection visitors shall be subject to the approval of the Minister for Local Government and Public Health;
(d) every authorisation given (whether before or after the passing of this Act) under the proviso to sub-section (2) of Section 2 of the Principal Act to any person to exercise the powers of infant protection visitors may be withdrawn at any time by the local authority with the approval of the Minister for Local Government and Public Health or by said Minister;
(e) any officer of the Minister for Local Government and Public Health authorised in that behalf by the said Minister shall have and may exercise the powers of infant protection visitors under Part I of the Principal Act;
(f) every exemption under sub-section (4) of Section 2 of the Principal Act of any premises shall be subject to the approval of the Minister for Local Government and Public Health;
(g) any exemption given (whether before or after the passing of this Act) under sub-section (4) of Section 2 of the Principal Act may be withdrawn at any time by the local authority with the approval of the Minister for Local Government and Public Health or by the said Minister.
The amendment now submitted provides that every such exemption shall be subject to the approval of the Minister for Local Government and Public Health and that any such exemption may be withdrawn at any time by the local authority with the approval of the Minister for Local Government and Public Health.
Amendment agreed to.
Section 4, as amended, agreed to.
SECTION 5.
The Principal Act is hereby amended by the repeal of Section 4 thereof and the insertion therein of the following section in lieu of the section so repealed, that is to say:—
4. The local authority may fix the number of infants under the age of nine years which may be kept in any dwelling in respect of which a notice has been received under this Part of this Act and may impose such (if any) conditions as they may think proper in regard to the keeping of all or any of such infants in such dwelling, and any person who keeps in such dwelling any infant in excess of the number so fixed or contravenes or fails to comply with any condition so imposed shall be guilty of an offence under this Part of this Act.
I move amendment No. 3:—
Before Section 5, to insert a new section as follows:—
Every sanction by a local authority under Section 3 of the Principal Act shall be subject to the approval of the Minister for Local Government and Public Health.
Section 3 of the Principal Act provides that no infant can be removed without the consent of the local authority.
Amendment agreed to.
Section 5, as amended, agreed to.
SECTION 6.
Sub-section (1) of Section 5 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in the said sub-section of the words "or is about to be" before the word "kept";
(b) by the deletion of paragraph (b) and the insertion of the following paragraph in lieu of the paragraph so deleted, that is to say:—
(b) by any person who, by reason of ill-health, age, infirmity, negligence, ignorance, inebriety, immorality, criminal conduct, or other similar cause is incapable of looking after it or unfit to have the care of it; or
I move amendment No. 4:—
To add at the end of the section a new sub-section as follows:—
(2) The following provisions shall have effect in relation to the making of orders under Section 5 of the Principal Act by the District Court, that is to say:—
(a) A justice of the District Court may make any such order at any place in his district;
(b) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon by the justice elsewhere than at a public sitting of the District Court;
(c) an application for any such order may, on proof to the satisfaction of the justice of imminent danger to the health or well-being of the infant to whom the application relates, be made, heard, and determined ex parte.
The amendment is intended to give power to the justice to make an order under the section at any place in the district, for the removal of the infant if the justice is satisfied that the urgency of the matter so requires; and if he is satisfied that there is imminent danger to the health of the infant, the application may be made and determined ex parte.
Amendment No. 4 agreed to.
Section 6, as amended, agreed to.
SECTION 7.
Sub-section (1) of Section 11 of the Principal Act is hereby amended by the deletion of all words from the words "or to hospitals" to the end of the sub-section, and the substitution of the following words, that is to say, "or to any hospital, convalescent home, or other institution maintained by a Department of State or by any authority established under the law relating to local government, or to any hospital, convalescent home, or institution which obtains a certificate of exemption from the provisions of this Part of this Act granted, with the consent of the Minister, by the local authority."
I move amendment No. 5:—
In line 37, after the word "Minister" to insert the words "for Local Government and Public Health."
This is a drafting amendment.
Amendment agreed to.
Section 7, as amended, agreed to.
SECTION 8.
I move amendment No. 6:—
Before Section 8, page 4, to insert a new section as follows:—
8. Notwithstanding anything to the contrary contained in Section 10 of the Principal Act, the local authority for the purposes of Part I of the Principal Act in any area shall be the body entrusted with the administration of the relief of the poor in that area, and all expenses incurred by or on behalf of any such body in or about the execution of the said Part I shall be raised and defrayed in like manner as the expenses incurred by or on behalf of such body in the administration of the relief of the poor are raised and defrayed.
Amendment agreed to.
Section 8, as amended, agreed to.
Sections 9 and 10 and the Title agreed to.
Bill reported with amendments.
I would like to take the Report Stage now.
Agreed to.
Question—"That the Bill be received for Final Consideration"—put and agreed to.
Question—"That the Bill do now pass"—put and agreed to.
Message to be sent to the Seanad accordingly.