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Legislation Programme 2015

 

The Department is in the process of preparing a number of pieces of legislation. These are:

Children (Amendment) Act 2015

The Children (Amendment) Act 2015 was signed into law by the President on 27 July 2015 and has yet to be commenced. This Act provides the legal framework to facilitate the amalgamation of the children detention schools to create a single campus and, accordingly, delivers on the Programme for Government to end the detention of children in adult facilities.


In addition, the Act provides for a system of remission in the children detention schools and clarifies the legal status of children who have been convicted of a summary offence and reach the age of 18 in a children detention school.  It also makes other necessary changes to the Children Act 2001.

 

Children (Amendment) Act 2015

Children (Amendment) Bill 2015

Draft General Scheme Children (Amendment) Bill 2014

Draft General Scheme Children (Amendment) Bill 2013

 

Children First Bill


The main purpose of this legislation is to put the Children First National Guidelines on a statutory basis to implement the Programme for Government commitment in that regard.


The development of this legislation is part of a suite of legislation to strengthen child protection which includes the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012.


The Ministers and officials from the Department of Children and Youth Affairs and the Department of Justice and Equality are working closely to ensure that the legislative elements are well-integrated and complementary.


The Bill was presented in the Dáil in April 2014 and is currently going through the Houses of the Oireachtas. 


Children First Bill 2014

 

Adoption (Tracing and Information) Bill


The main purpose of the proposed legislation is to provide for the Adoption Authority to have responsibility for safeguarding and maintenance of all adoption records in the State and for ensuring that access to those records is provided to an adopted person or birth parent in accordance with the Bill.  The legislation will provide for an Information and Tracing Service to applicants seeking information about adoption.

On 22 of July, Cabinet agreed to the publication of the Heads and General Scheme of the Adoption (Information and Tracing) Bill 2015 (Print Friendly Version)and for their referral to the Joint Oireachtas Committee on Health and Children for pre-legislative scrutiny. This can involve formal or informal, public or private, consultation with stakeholders and experts.

It is important to note that the Heads of Bill and General Scheme is a draft publication which represents the policy objectives and the framework for how it is intended to legislate to achieve those objectives. The next step in the process is pre-legislative scrutiny followed by the drafting of the Bill.

 

Legislation Relevant to the Department

Legislation enacted since the establishment of the Department of Children and Youth Affairs

 

Other legislation for which the Minister for Children and Youth Affairs has responsibility

 

Bills published by the Department and presented to Oireachtas by the Minister for Children and Youth Affairs

Restatements and Revision of Acts


A restated or revised Act is an administrative consolidation of that Act. It brings together in a single text all amendments and changes to an Act, making the law more accessible for all users.


The Statute Law (Restatement) Act 2002 provides that the Attorney General may certify the text of a restatement, which allows it to be used as prima facie evidence of the law in question.  The Law Reform Commission has prepared a body of restatements under its two programmes of restatement and it intends to ensure that this work is maintained up-to-date on an ongoing basis. Because it may not be practicable to have each update certified, the Commission is making available uncertified restatements and will refer to these as Revised Acts. The term Revised Acts is often used in other states, such as Australia and New Zealand to describe such administrative consolidations of Acts. (Source Law Reform Commission)

For more information on the programme of restatements see the Law Reform Commission.

Acts which are relevant to the Department of Children and Youth Affairs which have been restated or revised by the Law Reform Commission are listed below:

Please note that these documents are restated or revised up to a particular date which is indicated. The documents do not include any amendments which have been made to the Acts after that date.

 

Restatements

 

Revised Acts

 

The Irish Statute Book (eISB)

The electronic Irish Statute Book (eISB) is produced by the Office of the Attorney General and includes Acts of the Oireachtas, Statutory Instruments and the Legislation Directory, which can be accessed on their website.

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