Child Care (Amendment) Act 2022

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Amendment of section 29 of Principal Act

6. Section 29 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “Part III, IV, IVA or VI” for “Part III, IV or VI”,

(b) in subsection (2), by the substitution of “Part III, IV, IVA or VI” for “Part III, IV or VI”,

(c) in subsection (5)—

(i) by the substitution of “Part III, IV, IVA or VI” for “Part III, IV or VI”, and

(ii) by the substitution of “relevant documents” for “relevant court documents”,

(d) by the insertion of the following subsection after subsection (5A):

“(5B) (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in—

(i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or

(ii) the review of the operation of this Act, in particular in relation to the care and protection of children,

the Minister may grant an approval to the officer (in this subsection referred to as an ‘approved officer’) for the purposes of such attendance.

(b) An approval under paragraph (a) shall specify—

(i) the name of the approved officer to whom it is granted,

(ii) the purpose for which it is granted,

(iii) the period for which it is valid,

(iv) the proceedings that the approved officer is permitted to attend,

(v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),

(vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018 , a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and

(vii) such other matters as the Minister considers appropriate.

(c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval—

(i) the attendance of an approved officer at proceedings referred to in subsection (1),

(ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and

(iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.

(d) In this subsection—

‘personal data’ has the same meaning as it has in the Data Protection Regulation;

‘proceedings’ include proceedings commenced but not completed before the commencement of this subsection;

‘special categories of personal data’ has the same meaning as it has in the Data Protection Act 2018. ”,

and

(e) by the addition of the following subsection after subsection (9):

“(10) In subsections (5) and (5B), ‘relevant documents’, in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

(a) the originating document in the proceedings;

(b) pleadings and other documents (including the terms of settlement, if any) produced to, or lodged with, the court or included in the book of pleadings;

(c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including—

(i) a report prepared by the Child and Family Agency, and

(ii) a report furnished by a guardian ad litem under section 35E(2);

and

(d) any order, decision or judgment of the court in the proceedings.”.