Vol. 517 No. 4
128 Ms Shortall asked the Minister for Health and Children the number of times since the FN case in 1995 that he or a health board have been subject to a court order taken to vindicate children's rights under Articles 40 or 42 of the Constitution in respect of the shortage of residential care places for children; the level of compliance with these court orders; if he has satisfied himself in this regard; and if he will make a statement on the matter. [9934/00]
I understand from the health boards that the boards have been involved in 66 judicial review cases before the High Court following on from the FN case in 1995. The majority of these cases involve the former Eastern Health Board. Ireland, the Attorney General and the Minister for Education and Science are invariably a party to such proceedings and the Minister for Health and Children is usually a party to such proceedings. My Department is not aware of the health boards or the State parties concerned failing to comply with High Court orders made in such proceedings.
I am confident that the national programme of development of 110 additional high support-special care places by the health boards, including the three area health boards in the eastern region, which has been approved and is being funded by my Department and the enactment of the Children Bill, 1999, Part 3 of which will provide for the detention of a non-offending child in need of special care or protection by a health board on foot of a court order, will obviate the need for judicial review proceedings in respect of such cases.
