Child and Family Agency Act 2013

47

Power of Minister to give direction to Agency

47. (1) Notwithstanding sections 41 and 44 and directions issued under those sections, the Minister F41[or, in respect of the education welfare functions of the Agency, the Minister for Education] may give an additional direction in writing to the Agency for any purpose relating to this Act and concerning—

(a) any matter or thing referred to in this Act or any other enactment, and

(b) the implementation of any policy or objective of the Minister F41[, the Minister for Education] or the Government.

(2) The Agency shall comply with a direction given by the Minister F41[or the Minister for Education] under this section.

(3) As soon as practicable after giving a direction to the Agency pursuant to subsection (1), the Minister F41[or the Minister for Education, in respect of a direction given by the Minister concerned,] shall—

(a) cause the direction to be published in Iris Oifigiúil, and

(b) lay a copy of the direction before each House of the Oireachtas.

(4) The chairperson shall, within the time specified by the Minister F41[or the Minister for Education in the direction, inform the Minister concerned] of the measures taken by the Agency to comply with that direction.

(5) A direction given by the Minister F41[or the Minister for Education] under subsection (1) shall not interfere with the exercise of professional judgment in a particular case in the performance by the Agency of its functions.

(6) F42[Neither the Minister nor the Minister for Education shall] give a direction as respects any function of the Agency relating to a decision concerning the making or recovery of a charge for the provision of a service by or on behalf of the Agency to a particular person or concerning the amount of the charge.

Annotations:

Amendments:

F41

Inserted (15.12.2021) by Child and Family Agency (Amendment) Act 2021 (34/2021), s. 21(a)-(e), S.I. No. 697 of 2021.

F42

Substituted (15.12.2021) by Child and Family Agency (Amendment) Act 2021 (34/2021), s. 21(f), S.I. No. 697 of 2021.