The Government has approved the drafting of legislation designed to revise and update the current legislation on the welfare of children, which was enacted in 1991.

The Department of Children, Equality, Disability, Integration and Youth says that the new proposals will "capture positive policy and practice developments" in child welfare, and address legislative gaps identified during a review process .

The Child Care (Amendment) Bill 2023 will also revise and update the regulation of early-learning and childcare services.

Child's best interests

Some of the most important changes proposed include:

• The introduction of a ‘guiding principles’ section to the act, with the best interests of the child as the overriding principle,
• The introduction of a duty to co-operate – including the sharing of information – between relevant bodies, such as Tusla, Government Departments, the Health Service Executive (HSE) and an Garda Síochána (AGS),
• The voice of the child is to be strengthened, in court proceedings and in decisions taken outside the court, by introducing a principle that children should be able to participate in the decision-making process,
• Amendments to section 3 of the Child Care and to Children First Act 2015 related to assessments of reports of harm,
• Amendments to existing rules for supervision orders, interim care orders, care orders, emergency care orders, and voluntary care agreements,
• Giving Tusla Early Years Inspectorate more supervisory powers – including the power to immediately close unregistered early-learning and childcare services, and to temporarily suspend registered services where there are concerns.

Societal changes

Minister Roderic O’Gorman (pictured) described the Child Care Act 1991 as “a transformative piece of legislation”, but added that the Government wanted to build on that by making the legislation more child-centred.

The proposals, he said, would also take account of the many societal and legislative changes since 1991 – including the establishment of the Child and Family Agency, Children First legislation and the children’s referendum.

The general scheme of the new bill will now be referred to the Office of the Attorney General for priority drafting. The department says that the text will be finalised “as a matter of priority”, with the legislation going through the Houses of the Oireachtas “in the coming months”.