Norma Foley
Kerry · Fianna Fáil · Ireland
“Therefore, the means by which the motion proposes to address the challenges raised may not specifically align with the approach being taken, but I absolutely accept that the underlying goals are the same and I accept the Deputies' sincerity in seeking to achieve them.”
“I intend to bring forward specific proposals arising from this work towards the end of the year, depending on progress and the outcome of ongoing engagement with stakeholders.”
“Working with that office, the Department of Children, Disability and Equality is absolutely committed to seeking to expand and reform specialist disability services in order to maximise individuals’ independence and support them to live lives of their choosing in places of their choosing.”
“A number of new measures are in train to move towards planned provision of residential supports, including the provision of planned residential placements under a new initiative, as outlined in the HSE’s 2026 national service plan.”
“I absolutely accept they are fighting tirelessly to highlight the need for us to ensure their loved ones are cared for and provided with appropriate housing, as and when it is needed. For far too many families, placements are made at the last minute, causing distress to individuals and their families.”
“In line with commitments contained in the programme for Government and the national human rights strategy, the Department of Children, Disability and Equality is now developing a new vision and reform strategy for disability services.”
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“It also clarifies that the application for such enhanced rights for a foster parent or relative may only be made in respect of a child who is currently in care or under a care order. This reflects the revisions to voluntary care arrangements brought forward in section 6 of the Bill. Section 24 provides for technical changes to section 43B of the 1991 Act which provides for the variation, discharge or cessation of orders made under section 43A to reflect and accommodate changes to eligibility and to the definition of child. Section 25 is a technical transitional provision.”
“Section 22 provides for a minor technical amendment to section 37 of the 1991 Act, consequential to the changes to voluntary care arrangements set out in section 6 of the Bill. Sections 23 to 25, inclusive, make significant changes to the rules under which a foster carer or relative having care of a child is eligible to apply for like control over the child as they as if they were the child's parent, exercised on behalf the Child and Family Agency. Section 23 amends section 43A of the 1991 Act to reduce the time, for which the child must be in the care of the foster carer or relative under a voluntary care arrangement or care order before the application can be made from five years to three years.”
“The amendment concerns the presumption and determination of age in applications for court orders under the 1991 Act in respect of victims or possible victims of relevant offences. Section 21 provides for amendment of section 35D(3) of the 1991 Act as inserted by the Child Care (Amendment) Act 2022. This Act will commence in tandem with the development of the guardian ad litem national service. Section 21 provides that the Minister when considering arranging for the provision of legal advice or representation, a guardian ad litem may now also consider whether a solicitor has been appointed to represent the child in proceedings and if separate representation is necessary.”
“This applies to a children's detention school, all Government Departments, An Garda Síochána, the Health Service Executive and all local authorities. The amendment aligns with the provisions of the new duty to co-operate and is intended to be of use to the court in dealing with cases where the child may require support or services within the purview of bodies. Section 20 provides for amendment of section 32 of the 1991 Act to ensure Ireland is fully aligned with its obligations under Article 18 subsection 3 of directive 2011/93 EU of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography.”
“The amendment is intended to facilitate that investigation by providing that the agency shall be given all relevant documentation necessary to undertake the investigation. Section 17 provides for amendments to section 25 of the 1991 Act which concerns the powers of the court to join a child as the party to childcare proceedings. The amendment lowers the threshold from one of necessity in the interest of the child to consideration of whether it is in the best interests of the child. Section 18 provides for the introduction of a new section 25A in the 1991 Act to specify a cohort of bodies which may be requested to provide assistance to the court in childcare proceedings. Should the court make such a request, the body must attend. The body concerned may be asked to give evidence or provide the court with assistance.”
“Transitional provisions are included for interim care orders in place when these changes are commenced. Section 15 provides for amendment of section 19 of the 1991 Act concerning supervision orders to ensure the agency may visit the child at any location including their home or school and speak the child without the parent or guardian present. It also provides for reviews within six months of supervision orders. Section 16 provides for amendment of section 20 of the 1991 Act. This provision allows a judge to adjourn certain family law proceedings where they consider it may be appropriate for a care order or supervision order to be made in respect of a child concerned in the proceedings and direct the Child and Family Agency to undertake an investigation of the child's circumstances.”
“Section 14 provides for amendment of section 17 of the Act concerning the making of interim care orders during which a child is placed in care while their circumstances continue to be assessed with a view to returning the child home or, where that is not in the child's best interests, application is made for a full care order. Changes are also made to the permitted duration of an interim care order, the circumstances and periods for which that order may be extended up to a cumulative total of 18 months. An application for a subsequent interim care order may be granted where the court is satisfied that the Child and Family Agency is making progress towards resolving the situation for the child. Where the court is satisfied that an interim care order is not necessary or appropriate, it has the option to put a supervision order in place.”
“Amendment is also made to increase from three days to three working days the time by which an emergency care order is made in respect of the child during which the child remains in the custody of the agency. Where the removal of the child occurs during a holiday or weekend this change enables sufficient time to arrange for a court sitting or to attain a hearing in the next court sitting. Section 13 provides for amendment of section 13 of the 1991 Act to allow the court discretion to put in place an emergency care order for up to eight days or, where the court is satisfied that the period of time is necessary in the circumstances of the case, for up to 15 days.”
“The duty applies to these bodies in the performance of their existing functions when those functions are performed in the planning and delivery of services to, and activities for, children and their families or young adults for whom the Child and Family Agency has prepared an after-care plan. Co-operation includes the sharing of information to an extent that is in accordance with the law and necessary and proportionate for that purpose. Section 12 provides for amendment of section 12 of the 1991 Act, which provides for the powers of a garda to take a child to safety in an emergency and then deliver the child to the custody of the Child and Family Agency. The child may be delivered directly to the agency or to suitable accommodation under the direction of the agency where the child is deemed to be in the custody of the agency.”
“The membership includes nominees from seven Government Departments, the Child and Family Agency, An Garda Síochána and the Health Service Executive, with the option for the Minister to appoint additional members from outside bodies. Section 11 provides for the insertion of sections 11A and 11E into the 1991 Act. Section 11A introduces principles to guide the Child and Family Agency in the performance of its obligations under the Child Care Act 1991 and section 8(1) of the Child and Family Agency Act 2013 and include the best interests of the child as the agency’s paramount consideration in carrying out these functions. Sections 11B to 11E introduce a duty to co-operate on all Government Departments, the agency and key State agencies and partners, including the Health Service Executive, An Garda Síochána, local authorities and others.”
“Section 9 provides for the insertion of a new section 5A to replace the existing obligation on the Child and Family Agency under section 4(4) of the 1991 Act to make efforts towards reunification of a child taken into care because they are lost or abandoned. Section 10 provides for the insertion of sections 6A to 6H into the 1991 Act to provide for the establishment, operation and reporting arrangements of an inter-agency and implementation committee to promote inter-agency co-operation and national co-ordination on child protection matters. The committee must have regard to the principle that the best interest of the child is the primary consideration to guide its work.”
“Section 7 amends section 5 providing for the Child and Family Agency to take steps provide suitable accommodation for child who is estranged from, or otherwise out of, the family home where the threshold is take the child into care is not met but the child has no other accommodation they may reasonably occupy. It also provides for regular reviews of the provision of such accommodation and supporting the reunification of the child with their family. Section 8 establishes a regulation-making power for the Minister to set regulations concerning the accommodation to be provided under section 5. In making regulations, other Ministers may be consulted, where appropriate.”
“This will enable good practice such as the procedure used by the agency to substantiate an allegation of child abuse to be set out on a statutory footing. Section 6 amends provisions regarding the giving and withdrawal of consent of the child’s parent or guardian to a voluntary care arrangement placing a child in the care of the Child and Family Agency and for reviews every six months. Transitional arrangements ensure that these new conditions will apply to arrangements in place when this provision comes into effect. Sections 7 to 9, inclusive, provide for amendment to section 5 and insertion of new sections 5A and 5B into the 1991 Act.”
“The definition of "child" is amended to remove the exclusion for minors who are, or may have been, married and definitions are given of terms employed in the establishment and operation of an implementation and inter-agency committee and in the introduction of a duty to co-operate on certain bodies. Consequential to section 4, technical amendments are made in sections 19 and 26 to reposition definitions of "special categories of personal data" and "recognised school" to section 2(1) of the 1991 Act. Section 5 provides for establishing the power of the Child and Family Agency to prepare and publish guidelines to provide practical guidance on the performance of any aspects of its functions under section 3 of the 1991 Act. If requested by the Minister, the agency must prepare such guidelines.”
“Section 1 is a standard section providing for the Short Title, commencement and collective citation. Section 2 provides the definition of key terms used in the Bill. Section 3 provides for the repeal of section 7 of the 1991 Act that provided from childcare advisory committees, which are no longer in operation, and the repeal of section 8, which is replaced by new reporting arrangements introduced in the Child and Family Agency Act 2013 by section 29 of this Bill. Part 2 provides for amendment of the 1991 Act to enhance the protection of children. Section 4 provides for the amendment or insertion of definitions in section 2(1) of the 1991 Act which covers definitions more generally.”
“Finally, it sets out principles based on children’s rights to guide decision-making for the Child and Family Agency and others to have regard to in carrying out their functions under the Act to better align with the UN Convention on the Rights of Children. It is my intention, as soon as possible, to bring forward amendments to the Bill to enhance the power and status of the national review panel and place it on a statutory footing. The panel conducts reviews of child deaths and serious incidents. It produces reports with recommendations to improve the quality of services provided to children and families. I now turn to the main provisions of the Bill. The Bill is set out in four Parts. I will provide a section-by-section summary. Part 1 provides for preliminary and general matters.”
“First, it will promote inter-agency working to help children by establishing new structures to formalise co-operation and co-ordination on child protection at local and national levels between Government Departments, the key State agencies and the Child and Family Agency to allow them to fulfil their mandates under the 1991 Act. Second, the Bill will better protect children from harm through new measures it contains to help children at risk of harm. Third, it will improve stability for children. The Bill will introduce changes aimed at creating stable, long-term care arrangements for children. These include changes to parental consent to voluntary care arrangements and address drift through regular reviews and to court orders that may be made in respect of alternative care for children.”
“The general scheme of the Bill was examined as part of the pre-legislative scrutiny process in May 2023 by the then Joint Committee on Children, Equality, Disability, Integration and Youth. The joint committee issued its report and recommendations in June 2023. Where matters raised can be addressed in legislation, we have tried to do that, whether by introducing enabling provisions such as those for inter-agency co-operation or by amending existing provisions, such as those related to different case orders, to ensure they remain as useful and fit for purpose as possible. The Bill provides for several key areas of reform as follows.”
“It has provided a statutory framework for child welfare and for promoting the protection of children who are not receiving adequate care and protection and for the responsibilities of the State in that regard, which aim to improve outcomes for children in the care system. The 1991 Act deals with some of the most important issues that children in our society can face and the powers contained within it can, and do, change children’s lives for the better. Despite having served children well since 1991, it is widely acknowledged that the child protection and welfare landscape in Ireland has changed greatly since the Act's full commencement. The proposals being brought forward in the Bill have been informed by significant engagement and consultation with stakeholders to collect their views on the legislation.”
“I move: "That the Bill be now read a Second Time." I am pleased to address the House on the Second Stage of the Child Care (Amendment) Bill. The publication of this Bill meets a commitment in the programme for Government 2025 – Securing Ireland’s Future to update the Child Care Act 1991. This is one of a set of Government commitments with a view to strengthening the Child and Family Agency, Tusla, and protecting children in the care system, which includes alternative care. I will set out the broader policy considerations that inform the development of this Bill before outlining the subject matter of the Bill itself and its main provisions. In its development and on its enactment, the Child Care Act 1991 was transformative legislation.”
“These recommendations were published on 3 December. From a legislative point of view, it is being given priority through my Department's work on the child care (amendment) Bill, which we move very rapidly through the House. I know that there will be very strong co-operation forthcoming from the Deputy and right across the House. We will continue to engage with all the Government agencies and Departments involved. Implementation of some of the recommendations is well advanced. In particular I am conscious of the Department of Education and Youth's North-South initiative because I have engaged in that myself. We will continue to ensure that these will be delivered as a matter of priority. It is important to recognise that some of the recommendations may be more complex than others but they will all be given priority.”
“It will also include a clear basis for the sharing of information between agencies and organisations where they work together on child protection and child welfare matters. I will also bring forward the amendment, which is important from the NRP point of view, to put it on a statutory footing. All of that is being done as a matter of priority.”
“The recommendations were issued on 3 December. There has been a genuine willingness from all the Departments and agencies to move with haste and priority, but also to do it right. I chaired a cross-departmental meeting on moving forward with the sharing of information and ensuring that this duty to co-operate can very much come into being. Outside of the work under way in the Department, that interdepartmental group is seeking opportunities for the sharing of information that one Department has and where there might be gaps in another Department. I have brought forward the Bill to update and modernise the Child Care Act. Some of the key provisions will include the introduction of the duty to co-operate with all the relevant bodies.”
“As Deputy Ó Murchú outlined, they involve: the tracking of pupil movements North and South; review of GDPR; guidance to social workers; development of procedures for wait-list management; development of a framework for quality assurance, monitoring and review, and outcome measurement for family support provider agencies; and review of the Tusla and Garda Síochána protocol. The Department is engaging with all the relevant Departments and Government agencies, including Tusla, on the implementation of the recommendations relevant to them. I can confirm to the House that Tusla has already commenced the process to implement the recommendations that come under its remit. I am clear that the implementation of the recommendations should be completed as soon as possible and that has been advised to all the Departments and agencies involved.”
“On seeking that advice, the Attorney General recommended or determined that it would not be possible at this particular time, given the ongoing Garda investigation, to publish the report in full because it had the potential to prejudice any future potential prosecutions. He has also said that it may be possible to publish the report at a future date but that would obviously be on the advice of the Attorney General and the DPP. What has been agreed on foot of the Attorney General's advice is that the recommendations in the report would be published. As I have said, they were published on 3 December. The recommendations fall to a number of different Departments and agencies to implement.”
“This is very similar to the issue raised by the Deputy's colleague. I reiterate that any case relating to a missing child is of enormous concern to all of us and is a priority for all of us because we know that at the heart of it is a child and child welfare. All of us share in the sense of devastation and loss that a child could be missing for such a long time. The national review panel delivered its report on the review of the Kyran Durnin case on 29 October. I was always clear that it was my personal wish that the details would only be published if it were not to the detriment of an ongoing Garda investigation and that I would seek the advice and wisdom of the expert legal authority, the Attorney General.”
“It is an issue I have discussed with the North's Minister for Education, Paul Givan, on a number of occasions and the work there is very advanced. All the recommendations that have been outlined have been shared with each of the Departments and agencies concerned. It is a matter of priority for them to be put in place. As I said, the work with Tusla is under way. A considerable uplift in the funding of €1.37 billion has been provided for Tusla in the budget this year, and significant work is under way on recruitment of staff.”
“I acknowledge that those in Tusla, the Department and all the agencies who work with children are absolutely central to protecting vulnerable children and are doing excellent work individually. However, the purpose of the duty to co-operate is that collectively there will be the sharing of information the Deputy referenced, everybody will be around the one table as it were and there will be a strong sense of partnership across State agencies to ensure that everyone is fully engaged with and aware of the role they play in protecting children from harm. The Deputy specifically referenced North-South co-operation. Although it is a matter for the Department of Education and Youth, I am aware of very extensive North-South engagement on that.”
“The Deputy and so many others were keen for us to do this. This measure will further enhance the work of the NRP in addition to strengthening its independence and ability to compel information and witnesses in respect of all reviews it undertakes. I acknowledge the work of the NRP.”
“The Deputy alluded to some of the new measures we will be introducing under amendments to the Child Care Act. A duty to co-operate will be introduced. This is important and it will mean there will be a compelling duty on all relevant bodies dealing with children, including Tusla and Departments, to co-operate proactively in performing their existing functions relevant to the development, welfare and protection of children. With the new duty to co-operate, there will be a clear basis for the sharing of information between agencies and organisations when working together on child protection and child welfare matters. I am referring to the sharing of information around the table in the best interest of children so as to protect them. I will also be introducing amendments to the Child Care Act to place the NRP on a statutory footing.”
“I am clear that the implementation of the recommendations should be completed as soon as possible. I have recently introduced a Bill updating and modernising the Child Care Act, which provides the foundation for child protection and welfare services in the State. This will strengthen the child protection legal framework and the powers available to Tusla. Key child protection features include the introduction of a duty to co-operate among bodies.”
“They cover several areas, for example, tracking pupil movement between primary schools, including cross-border movement; a review of GDPR and network checking; guidance to social workers; the development of procedures for waiting list management; the development of a framework for quality assurance monitoring and review; outcome measurement for family support provider agencies; and a review of the Tusla–An Garda Síochána protocol. The Attorney General recommended that the full NRP report be shared with the Minister for Education and Youth, Deputy Naughton. It has been shared with her. The Department is engaging with the relevant Departments and agencies, including Tusla, on the implementation of the recommendations relevant to them. Tusla has already commenced the process of implementing the recommendations under its remit.”
“The Attorney General has determined that it would not be possible to publish the report at this time given the potential to prejudice any potential prosecutions. It may be possible to publish the report in the future, depending on the advice of the Attorney General and the Director of Public Prosecutions. What was agreed on foot of the advice of the Attorney General was that the recommendations in the report would be published in full, and that was done on 3 December. Implementation of these recommendations falls to a number of Departments and agencies.”
“I appreciate the Deputy raising this matter. Any case of a missing child is of enormous concern to the Government, everybody in this House and others across wider society. I know he agrees with me on that. We are always conscious that at the heart of this case is a young child. All of us, including the general public, are devastated that a young child could go missing for such a long time. The NRP delivered its report on the review of the Kyran Durnin case to the Department on 29 October last. I have been clear in my wish to publish the report in full on its completion. However, I was also clear at the outset that I would seek the advice and expert legal opinion of the Attorney General. I have done that.”
“Again, I appreciate the Deputy raising of the question. I accept the word of the special rapporteur that she will present the report for February 2023 to December 2024 imminently and that she will furnish the report for the period July 2022 to January 2023 before the end of her term of office. The annual report for 2025 will be delivered in March 2026. I expect that will be done with priority.”
“I thank the Deputy. I want to be clear. I acknowledge the work of the special rapporteur. I have engaged with her and she has made herself available. I acknowledge that there has been considerable engagement between the Department and the special rapporteur on making the reports available in a timely manner. The special rapporteur has indicated that she expects to submit her report for the period February 2023 to December 2024 imminently. She has indicated that the report will include observations on a period in which she was not in office, namely the period from July 2022 to January 2023. She has also indicated that an annual report in respect of 2025 will be delivered by the end of March 2026.”
“Once submitted, a copy of the report will be provided to all relevant Departments for appropriate review. On completion of this review process, I will submit the report to Cabinet for approval to publish. Once approved, the report will be laid before the Houses of the Oireachtas and published on the Department's website. With the end of the current term of the special rapporteur approaching, I recently secured Cabinet approval to fill the position of the next special rapporteur on child protection for a two-year term. It is my intention to progress the selection of the nominee for the position by way of an open competition run in conjunction with publicjobs.ie as soon as possible.”
“Department officials are engaging on an ongoing basis with the special rapporteur on the matter of the submission of the annual reports prior to the completion of the rapporteur's term of office on 31 January 2026. The special rapporteur has indicated that she expects to submit a report in respect of the period 1 February 2023 to 31 December 2024 imminently. She has indicated that this report will also include her observations and important developments from July 2022 to January 2023, before her term of office commenced. The special rapporteur has also indicated that an annual report in respect of 2025 will be delivered by the end of March 2026. The annual reports of previous special rapporteurs have tended to cover a wide range of policy areas and certain commentary and recommendations relating to several Departments and agencies.”
“The special rapporteur on child protection plays an important role in examining and reporting to Government on legal, legislative and litigation-related matters in respect of child protection. The annual reports of the special rapporteur provide important input to the development and review of child protection policy and legislation as well as an objective and independent expert view of the child protection system in Ireland. The reports have been influential in informing policy responses across government to improve the lives of children and young people. The Department has not yet received any annual report or part of any report in respect of the current term of the special rapporteur on child protection.”
“Resources for Tusla have increased significantly to €1.37 billion, a significant uplift which Tusla itself has acknowledged. In terms of attracting staff, there are new schemes such as earn and learn for social workers and recruitment from abroad. More will be done in this area going forward.”
“To go back to the case highlighted, in the intervening time, it has to be an absolute priority. I welcome the HIQA report because where things are not right, it must be highlighted and rectified. Tusla submitted the action plan which was accepted by HIQA. Since the time of inspection, Tusla has made significant improvements and rectified almost all of the issues, for example, 94% of all cases are now screened within two days. That is really important. I do not take from the challenges and I appreciate that Deputy Kerrane has acknowledged the very strong work ethic of really good people on the ground dealing with very changed, different and challenging circumstances. I acknowledge that work as well. New oversight has been put in place. Resources were referenced by Deputy McGuinness.”
“Concerning Tusla more generally, budget 2026 saw Tusla receive increased funding of €165 million to continue providing vital child welfare and family support services, bringing its funding up by 14% to €1.37 billion.”
“I accept that there is and was incredible urgency to ensure matters were rectified as a matter of priority. I acknowledge the work of Tusla in that respect. It has increased the number of social workers and 94% of all cases are now seen within two days. There is very strong oversight of the operation. The Dublin north city area team, with support from Tusla’s regional and national teams, has worked diligently in an incredibly challenging environment to make significant improvements and rectify almost all areas highlighted by HIQA. Plans are in place to address any outstanding items and Tusla has been in close communication with HIQA during the implementation of the compliance plan. It is really important that HIQA is kept in the loop.”
“Since the inspection, Tusla has also undertaken a review of the governance structure and oversight processes in the service area relating to the receipt and management of referrals and case allocation in accordance with relevant policy, procedures and guidance.”
“This was to ensure that screening, assessment and notifications were completed as required. Tusla has increased the number of social workers at the front door of the service from three to eight and 94% of child protection and welfare referrals in Dublin north city are now screened within two working days. In relation to staffing shortages noted in the inspection report, Tusla is currently reviewing administrative capacity in the service area to ensure staff are being utilised effectively and to identify areas for improvement. The agency continues to move to a more multidisciplinary way of working to address challenges in recruiting a sufficient number of social workers from a very competitive and limited market.”
“The HIQA findings from its inspection of Tusla’s Dublin north city service area have been escalated within the Department. Tusla has submitted an action plan to address all areas outlined for improvement as a matter of urgency. This plan was accepted by HIQA. Since the inspection, Tusla has made significant improvements and rectified almost all areas highlighted by HIQA, with any remaining actions being addressed as a matter of priority. To oversee the implementation of this compliance plan, Tusla has established a child protection and welfare governance implementation group, which meets weekly. Following the inspection in June 2025, Tusla’s practice assurance and service monitoring team completed a 12-month, full audit of child-in-care referrals categorised as abuse.”
“The HIQA inspection was carried out between 24 June and 30 June 2025. The inspection was a monitoring inspection of the Dublin north child protection and welfare service to assess the progress made on the actions identified to address non-compliance during the previous inspection in May 2024. The inspection identified that significant system risks previously escalated to the Tusla regional chief officer following the April 2024 inspection had not been addressed, and required escalation to the Tusla national office following this inspection. In this inspection, HIQA found that of the five standards assessed for compliance with the national standards for protection and welfare of children, all five standards were deemed to be non-compliant.”
“It is a feature of life that there is always a rush towards the end and I absolutely accept that it would be better if there were a consistent registration so we will continue to work on that. I appreciate the Deputy's input.”
“I appreciate that the Deputy has come with many positive suggestions for how we can collaboratively support childminders going forward. Already the Department provides funding to each of the county and city childcare committees so that there is a specific individual who is a childminding development officer in place in each of the committees to work directly with childminders. That is an important access point for childminders and it will be drawn upon more and more. I have already outlined a stronger communication campaign which we are in the process of undertaking. We will do all we can - and I appreciate the many examples the Deputy gave - to ensure the maximum number of people are engaging on a consistent basis before 2027.”
“Yesterday, I published Shaping the Future: Early Years Action Plan. The action plan commits to restructuring the core funding pilot for registered childminders in 2026 - in other words, a number of childminders in the pilot are part of the core funding process. That will also be restructured going forward to bring more and more into it. That is my ambition anyway. I am committed to continuing to work with childminders to make it as easy and accessible as possible for them to come within the regulations.”