Léim ar aghaidh chuig an bpríomhábhar

Dáil Éireann díospóireacht -
Wednesday, 27 Nov 1957

Vol. 164 No. 7

Committee on Finance. - Children (Amendment) Bill, 1957—Report and Final Stages.

I move amendment No. 1:—

In page 3, between lines 21 and 22, to insert a new sub-section as follows:—

(7) This section shall apply to an individual undertaking the nursing and maintenance of an illegitimate child without reward and to the making of arrangements for such nursing and maintenance as it applies in relation to nursing and maintenance for reward.

This is an amendment which I undertook to Deputy O'Higgins to bring in. I think it meets the objects to which Deputy O'Higgins's amendment was directed. Under the provisions of Section 2 (4) of the Principal Act, as amended by Section 4 (2) (g) of the Children Act, 1934, a health authority may exempt from being visited, either unconditionally or subject to such conditions as they think fit, any particular premises which appear to them to be so conducted as to make visiting unnecessary. I might mention, as I said on the Committee Stage, that there are certain circumstances in which it would be undesirable that these homes would be visited by the health authorities.

The amendment meets very fairly the point I raised on the Committee Stage as far as we are concerned.

Amendment agreed to.

I move amendment No. 2:—

In page 4, line 2, to delete "16" and substitute "18".

The provision in this amendment extends to the age of 18 the age of 16 which is already provided in Section 3 sub-section (3). In other words, where a child who was in the custody of a person who was not a relative of the child and new employment is in a premises other than the premises in which the child has been living, the notification of the employment will have to be given in the case of a child who is a child up to 18 years of age instead of 16. I think it achieves most of what Deputy O'Higgins desired in his amendment except that in the wording of his amendment the effect would have been to reduce rather than increase the age, because, without specification of the age, the age concerned would be that to which the Health Acts apply and that is 14. The specific provision of the age of 18 will increase the age from 16 specifically.

There is only one thing on that matter and I do not know whether it would appeal to the Minister. The section, as amended, would read: "Where any body or person (not being a relative of the child) having custody of a child under the age of 18..." Would the Minister not consider making that read: "custody of a child of the age of 18 or under"? It might arise that employment was arranged after the child reaches the age of 18. I do not know whether the Minister would consider there is anything in the point. I should prefer it to read "18 or under".

To introduce that provision, I think, might have repercussions on the Health Act and I should prefer to leave it as specifically stated in the Health Act. It is only a small point and, although I cannot foresee the repercussion, I would prefer that the Deputy would leave it at that.

Amendment agreed to.

I move amendment No. 3:—

In page 4, line 13, to delete "children" and substitute "every child under the age of 18 years."

That amendment is consequential on the previous amendment, to bring the matter into line with the Health Acts.

Amendment agreed to.
Bill, as amended, received for final consideration and passed.