Latest update March 21st, 2025 5:44 AM
Jan 10, 2009 News
Media houses publishing the names of children involved in proceedings that are engaging the attention of the court may be subjected to harsh penalties, including a maximum fine of $250,000.
This was made law on Thursday when, with only two minor amendments, the Childcare and Protection Agency Bill 2008 was passed in the National Assembly.
The passage of this Bill will now allow for the establishment of a Children and Protection Agency, the duties of which will include monitoring childcare facilities.
This Bill also provides for the minister to appoint the director and other officers and employees, who will be responsible for the management of the Agency in accordance with directions issued by the minister.
It provides for the welfare of the child to be paramount, and matters relating to a child, whether before a court or any other authority, shall be determined without undue delay.
This is taking into consideration certain criteria set out, including the wishes of the child, and his/her age and capacity to understand the matter to be determined.
Disclosure of information relating to the identity of a child is prohibited in proceedings.
However, there are circumstances in which disclosure may be necessary, such as for ensuring the safety of the child.
While the opposition parties viewed the Bill as necessary and did not put up much disagreement, PNCR member Deborah Backer requested that the legislation be sent to a select committee to consider each clause.
She argued that while the Bill leads in a positive direction, there is some overlapping with other existing legislations.
“In the absence of a holistic picture, it is unfair for the Government to say that there is indeed some overlap but there are other Bills coming to deal with that.”
Backer added that these proposed Bills can be dealt with in a select committee, so that informed decisions can be made.
She added that it is becoming the hallmark to ‘sidestep’ and seek to ‘go around’ the Rights of the Child Commission, since there is an overlap of the intended functions of that commission and the establishment of the Childcare and Protection Agency.
The suggestion to take the Bill to a select committee was, nevertheless, viewed by Human Services Minister Priya Manickchand as a means of ‘grandstanding’ on the Bill.
“This Bill is a simple administrative piece…and taking it to a select committee will be ‘grandstanding.” She conceded to the amendments that the opposition suggested.
The Bill also allows the minister to give directions to the Agency on matters affecting Government policy.
It gives the minister the power to make regulations regarding the agency.
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