Family Support Agency Act 2001

1 Interpretation.

1.—(1) In this Act—

“Agency” means Family Support Agency;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956;

“establishment day” means the day appointed under section 2 to be the establishment day for the purposes of this Act;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“Minister” means Minister for Social, Community and Family Affairs;

“public authority” means—

(a) a Minister of the Government,

(b) a health board,

(c) the Eastern Regional Health Authority, the Northern Area Health Board, the East Coast Area Health Board or the South-Western Area Health Board,

(d) a local authority for the purposes of the Local Government Act, 1941,

(e) a vocational education committee established under the Vocational Education Act, 1930,

(f) a body (but not a company) established by or under statute;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“voluntary body” means a person who is involved in—

(a) the provision of social or family support services,

(b) the promotion of community development, or

(c) activities which are connected with or ancillary to the activities mentioned in paragraph (a) or (b),

otherwise than for profit, and which, in the opinion of the Agency, are similar or ancillary to any of the activities carried out by the Agency and consistent with the objectives of its functions.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

2 Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Family Support Agency.

3.—(1) There shall stand established, on the establishment day, a body to be known as the Family Support Agency or in the Irish language as An Ghníomhaireacht um Thacaíocht Teaghlaigh, in this Act referred to as the “Agency”, to perform the functions conferred on it by or under this Act.

(2) The Agency shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name,

(b) with the consent of the Minister to acquire, hold and dispose of land or an interest in land, and

(c) to acquire, hold and dispose of any other property.

4 Functions of Agency.

4.—(1) The functions of the Agency shall be—

(a) to provide a family mediation service,

(b) to provide, where the Agency considers it necessary or expedient—

(i) family mediation through such other persons as it considers appropriate,

(ii) training in family mediation, either by itself or such other persons as it considers appropriate,

(c) to support, promote and develop the provision of marriage and relationship counselling and family support services,

(d) to promote and disseminate information about issues in relation to marriage and relationships education, family mediation, parenting and family responsibilities and related matters and in this regard to co-operate with other public authorities in providing information to assist persons in balancing their work and family responsibilities,

(e) to support, promote and develop the Family and Community Services Resource Centre Programme of the Minister,

(f) to undertake or commission research into matters related to its functions or such other matters as the Minister may request,

(g) to provide at the request of the Minister or on its own initiative advice, information and assistance to the Minister in relation to the development of any aspect of its functions,

(h) to provide, subject to the consent of the Minister, and in accordance with criteria established under section 7, financial assistance to voluntary bodies in respect of any matter related to the Agency's functions and for this purpose to administer—

(i) the scheme of the Minister known as the Scheme of Grants to Voluntary Organisations providing Marriage, Child and Bereavement Counselling Services,

(ii) the programme of the Minister known as the Family and Community Services Resource Centre Programme, and

(iii) such other schemes, grants and other facilities for financial assistance as may, from time to time, be authorised by the Minister after consultation with the Minister for Finance,

(i) to prepare strategic plans in accordance with section 9,

(j) to perform any additional functions assigned to the Agency under section 5.

(2) The Agency in performing the functions conferred on it by or under this Act shall have regard to—

(a) the need to assist in particular, persons involved in the process of separation or divorce to reach agreement where possible, especially in disputes involving children,

(b) the need for co-operation with other relevant public authorities and voluntary bodies,

(c) Government policy in particular social inclusion policy.

(3) The Agency shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

5 Conferral of additional functions.

5.—(1) The Minister may, with the consent of the Minister for Finance, by order—

(a) confer on the Agency such additional functions as the Minister considers appropriate in relation to family support, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of functions so conferred.

(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6 Policy directives.

6.—The Agency shall comply with any general policy directives which may, from time to time, be given to it by the Minister.

7 Criteria, etc. and directives regarding assistance to voluntary bodies.

7.—(1) The Agency, subject to the approval of the Minister—

(a) shall establish such criteria, terms and conditions for the provision of financial assistance under section 4(1)(h) as, having regard to its functions, it considers appropriate, and

(b) may establish different criteria, terms and conditions in relation to different classes of applicants and recipients.

(2) The Agency may—

(a) request any voluntary body applying for or receiving financial assistance under section 4(1)(h) to supply it with information in such form and at such time as it may require, and

(b) refuse or withold assistance if satisfied that any information so requested is not supplied.

(3) The Agency shall comply with any directives concerning the administration of such schemes, grants and other facilities for financial assistance under section 4(1)(h) which may from time to time be given to it by the Minister with the concurrence of the Minister for Finance.

8 Charges by Agency.

8.—(1) The Agency, with the consent of the Minister, may make such charges, as it considers necessary and appropriate in consideration of—

(a) the provision by it of services (other than a service consisting of the provision of advice to the Minister), and

(b) the carrying on by it of any activities.

(2) The Agency may recover as a simple contract debt in any court of competent jurisdiction from any other person by whom it is payable any amount due and owing under subsection (1).

9 Strategic plans.

9.—(1) As soon as may be, but not later than 6 months after the establishment day, and thereafter not later than 6 months after each period of 3 years that falls after the establishment day, the Agency shall prepare and submit to the Minister, for approval with or without amendment by the Minister, a strategic plan as referred to in subsection (2).

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies, including the use of resources, of the Agency,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Agency.

(3) The Minister shall, as soon as practicable, after a strategic plan under this section has been approved, cause a copy of the plan to be laid before each House of the Oireachtas.

10 Membership of Agency and terms of office of members.

10.—(1) The Agency shall, subject to subsection (2), consist of 12 members, who shall be appointed by the Minister and who shall, subject to this section, hold and vacate office as the Minister may determine.

(2) Until the first appointment to the Agency of a person consequent to an election having been held to which subsection (5)(c) relates, the Agency shall consist of 11 members.

(3) The Minister shall designate one member of the Agency as chairperson.

(4) The Minister, when appointing a member (other than the chairperson) of the Agency, shall fix such member's period of membership which shall not exceed 3 years.

(5) The ordinary members of the Agency shall include—

(a) one officer of the Minister,

(b) persons, who, in the opinion of the Minister, have a special interest or expertise in matters relating to the functions of the Agency or matters related thereto,

(c) one member of the staff of the Agency who shall be elected by secret ballot of the staff of the Agency in such manner as the Agency, with the agreement of the Minister, may determine,

and may also include not more than 3 persons, each being an officer of any other Minister of the Government who, in the opinion of the Minister, has at that time direct concern with or responsibility for activities relevant to the functions of the Agency.

(6) There may be paid to members of the Agency, out of monies at the disposal of the Agency, such remuneration (if any) and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(7) A member of the Agency may resign from the Agency by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(8) A member of the Agency may at any time be removed from membership of the Agency by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Agency of its functions.

(9) A member of the Agency shall cease to be and shall be disqualified from being a member of the Agency where such member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) on conviction on indictment by a court of competent jurisdiction is sentenced to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts, 1963 to 2001).

(10) If a member of the Agency dies, resigns, retires, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Agency to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Agency who occasioned the casual vacancy.

(11) A person appointed to be a member of the Agency under subsection (10) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment as a member of the Agency.

(12) A member of the Agency whose period of membership expires by the effluxion of time shall be eligible for re-appointment as a member of the Agency.

(13) The Minister shall, in so far as is practicable and having regard to relevant experience, ensure an equitable balance between men and women in the composition of the Agency.

11 Chairperson of Agency.

11.—(1) The term of office of the chairperson of the Agency shall be 3 years.

(2) Where the chairperson of the Agency ceases to hold such office, he or she shall also cease to be a member of the Agency.

(3) Where the chairperson of the Agency ceases to be a member of the Agency he or she shall also thereupon cease to be chairperson of the Agency.

(4) The chairperson of the Agency may resign his or her office as chairperson by letter addressed to the Minister and the resignation shall take effect from the date specified therein or on receipt of the letter by the Minister, whichever is the later.

(5) The chairperson of the Agency shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold office until the expiration of his or her period of membership of the Agency and if he or she is re-appointed as a member of the Agency, he or she shall be eligible to be designated as chairperson of the Agency.

12 Meetings of Agency.

12.—(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions, but shall hold at least one meeting in each quarter of a year.

(2) The Minister, in consultation with the chairperson of the Agency, shall fix the time of the first meeting of the Agency.

(3) The quorum for a meeting of the Agency shall be 5.

(4) The chairperson of the Agency shall chair any meetings of the Agency, except in the case that the chairperson is not present or such office is vacant in which case the members who are present shall choose one of their number to chair the meeting.

(5) At a meeting of the Agency, each member of the Agency present, including the chairperson, shall have a vote and any question on which a vote is required in order to establish the Agency's view on the matter shall be determined by a majority of votes of the members of the Agency present when the vote is called and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote.

(6) Subject to subsection (3), the Agency may act notwithstanding one or more vacancies in its membership.

(7) Subject to this Act, the Agency shall regulate, by standing orders or otherwise, the procedure and business of the Agency, or of any committee established under section 13(1).

13 Committees of Agency.

13.—(1) The Agency may establish committees to assist and advise it in relation to the performance of any of its functions and may determine the terms of reference and regulate the procedure of any such committee.

(2) A committee established under this section may include persons who are not members of the Agency.

(3) A member of a committee established under this section may be removed at any time by the Agency.

(4) The Agency may at any time dissolve a committee established under this section.

(5) The Agency may appoint a person to be chairperson of a committee established under this section.

(6) There may be paid out of the income of the Agency to members of a committee established under this section such allowances for expenses incurred by them as the Agency may, with the consent of the Minister and the Minister for Finance, determine.

14 Chief executive of Agency.

14.—(1) There shall be a chief executive officer of the Agency who shall be known and is referred to in this Act as the “chief executive”.

(2) The chief executive shall carry on and manage, and control generally, the administration and business of the Agency and perform such other functions (if any) as may be determined by the Agency.

(3) The chief executive shall be appointed by the Agency and may be removed from office, where he or she fails to perform his or her functions satisfactorily, by the Agency, with the consent of the Minister.

(4) The chief executive may make proposals to the Agency on any matter relating to the activities of the Agency.

(5) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Agency with the consent of the Minister given with the approval of the Minister for Finance.

(6) The chief executive shall not hold any other office or position without the consent of the Agency.

(7) The chief executive shall not be a member of the Agency, but he or she may, in accordance with procedures established by the Agency, attend meetings of the Agency and shall be entitled to speak to and advise such meetings.

15 Staff of Agency.

15.—(1) The Agency may appoint such, and such number of, persons to be members of the staff of the Agency, as it may determine with the consent of the Minister and the Minister for Finance.

(2) Members of staff of the Agency shall hold their employment on such terms and conditions, including those relating to remuneration, grading and allowances for expenses as the Agency, with the approval of the Minister given with the consent of the Minister for Finance, may determine from time to time.

(3) The chief executive may from time to time assign such duties as he or she considers appropriate to each member of staff and each member of staff shall carry out the duties so assigned.

(4) In making a determination under subsection (2), the Agency shall act in accordance with the directions of the Minister and shall have regard to any arrangements in operation for conciliation and arbitration for persons affected by the determination.

16 Transfer of staff of Minister to Agency.