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Dáil Éireann debate -
Thursday, 19 Apr 2018

Vol. 967 No. 6

Child Care (Amendment) Bill 2018: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to amend section 12 of the Child Care Act 1991 to ensure that a child care service provider has lawful authority to retain custody of a child prior to the making of any emergency care order.

I seek leave to introduce a Bill entitled the child care (amendment) Bill 2018. The Bill is being introduced by Deputy Anne Rabbitte and I and it seeks to amend section 12 of the childcare legislation that was put in place in 1991. As Members of the House may be aware, section 12 of the Child Care Act provides the principal legal mechanism whereby members of An Garda Síochána exercise their childcare protection function. Under section 12, members of An Garda Síochána are permitted to remove a child from the care of his or her family in circumstances where a garda believes there is an immediate and serious risk to the healthcare or welfare of a child. The provision can only be exercised in circumstances where the member of An Garda Síochána recognises that an emergency care order cannot be made at that particular time. The legislation gives extraordinary powers to members of An Garda Síochána to enter without warrant and to remove a child to safety. It is frequently used by members of An Garda Síochána at weekends and at night time. The extremity of the powers is recognised by the fact that they can be authorised and exercised without any prior permission or warrant from a senior Garda member or indeed from a court.

In January 2017, the rapporteur on child protection, Dr. Geoffrey Shannon, published a report, having conducted an audit on the exercise by An Garda Síochána of section 12. Sometimes in this House we spend time discussing reports that reflect very badly on An Garda Síochána. We are right to do that because it is in the public interest to do so. However, similarly, when a report is produced which reflects very well on the Garda Síochána, it should also be highlighted. As Members will know, Dr. Shannon's report reflected very well on members of An Garda Síochána and how they exercise their powers under section 12. The report did, however, indicate that there are problems within An Garda Síochána with the recording of issues concerning section 12 on the PULSE system.

In passing, I must say it is a source of regret to Deputy Rabbitte and me that many of the recommendations included by Dr. Shannon in his report have not yet been implemented by the Government. That is something to which the Government needs to give urgent attention.

The purpose of the Bill we are introducing today is to specifically amend section 12 of the Act because at present when a child is removed from a home late at night or at a weekend and when there is not a possibility of bringing him or her into a specific childcare protection area, the child will be put in the charge of a service provider, as it is defined under the Act. At present there is no statutory recognition of the fact that the service provider owes a duty of care to the child in question. Currently, the only powers and duties the service provider appears to owe to the child are duties that arise from contract. Dr. Shannon believes, and we concur, that it would be more appropriate if section 12 was amended to ensure that when a child is handed over to a service provider as a result of a garda exercising section 12 it is in the knowledge that the service provider will have a duty of care to the child in question. That duty of care will obviously be very extensive. It will be reflective of the vulnerability of the child and the onerous responsibility that is placed on the childcare provider.

I seek leave to amend section 12 of the Child Care Act by putting in new sections 6, 7, 8 and 9. I believe the measure will be of benefit to An Garda Síochána but more particularly it will be of benefit to the children of Ireland who very much require this legislation to protect them when their families cannot provide them with safety.

Is the Bill opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
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