Dáil Éireann díospóireacht -
Tuesday, 30 Sep 2003

Vol. 571 No. 1

Written Answers. - Children Act.

John Deasy

Ceist:

1091 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if Part 12, Section 245 of the Children Act 2001, has not merely re-enacted in updated format the 1908 Act as stated in the accompanying explanatory memorandum but has provided for a cataclysmic change in family law; and, if so, the reason a matter of this magnitude was not flagged by him when he introduced the Bill in order that it could be properly debated by Dáil Éireann before being passed into law. [19576/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Section 245 of the Children Act 2001 is the interpretative section for Part 12 of the Act.

Section 245 provides two definitions for Part 12 of the Act: a standard definition of "registered medical practitioner" and the circumstances in which a person is considered to have custody, charge or care of a child. These definitions relate only to Part 12 of the 2001 Act which is a criminal law provision protecting children against specified forms of abuse such as cruelty, neglect and sexual abuse by the persons in whose custody, charge or care they are. Where a child is suspected of being so abused by a person who has the custody, charge or care of that child, the statutory meaning of those terms for the purpose of Part 12 makes it absolutely clear who can be charged with an offence.