Dáil Éireann díospóireacht -
Thursday, 3 Jun 1993

Vol. 431 No. 8

Written Answers. - Children in Care Legislation.

Bernard J. Durkan

Ceist:

57 Mr. Durkan asked the Minister for Health the number of instances in the past five years where health board staff sought to put children into care but were unsuccessful in so doing due to lack of back-up legislation; and if he will make a statement on the matter.

Minister for Health (Mr. Howlin):

In deciding whether to seek a court order committing a child to its care on a compulsory basis, a health board must have regard to the existing legislative and constitutional framework relating to the care and protection of children. It is a matter for conjecture as to whether, if the law were different, health boards would have initiated more care proceedings than they actually did over the period referred to by the Deputy.

It is generally accepted that the existing statutory provisions for taking children into care are inadequate. The Child Care Act, 1991 contains important new provisions which will greatly strengthen the powers of the health boards and the Garda to intervene effectively on behalf of children who are in need of care and protection. The District Court will have a range of new options available to it when dealing with applications for orders relating to such children. In particular, the Court will be empowered to make a supervision order authorising a health board to have a child visited at home to ensure that the child is being cared for properly. A I have already indicated to the House, the Government have agreed to my proposals to implement all the remaining sections of the Child Care Act and to give priority to those provisions which relate to the protection of children from abuse and neglect.