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Web: www.niscc.info
Social workers need to be well informed of the legislative context in which they practise, a context which naturally varies from one jurisdiction to another. Thus there are important and significant differences between the Republic of Ireland and the North of Ireland e.g. in relation to emphasis, underlying philosophy, methods of implementation and the impact of legislation on particular agencies. This in turn can be seen as a reflection of differences in political and administrative culture, linked to different histories, case law and philosophies on the role of the State and its level of responsibility.
Similarities in legislation also exist, for instance in legislation derived from Europe and the promotion of child welfare, which is a common theme in both jurisdictions.
Gilligan, R and K. O'Halloran. 1996. Child Care Law - a comparative review of new legislation in Northern Ireland and the Republic of Ireland: the Children (NI) Order 1995 and the Child Care Act 1991. Armagh: Southern Health and Social Services Board.
This section gives an overview of legislation relevant to social work practice in the North of Ireland. For a more detailed interpretation of the relevant legislation, the signposting could usefully be followed. When in employment, social workers will also need to familiarise themselves with the specifics of their agencies and the particular statutory functions and legislation to which they relate. In the case of voluntary and independent organisations contracts may also have a legislative component.
We have divided this section into thematic areas, which may be overlapping (e.g. child and family legislation may be relevant to criminal justice).
For a full list of all legislation of the Republic and the North of Ireland, the British and Irish Legal Information Institute can be consulted at: www.bailii.org
Legislation relevant to the North of Ireland can be accessed from a special UK Government website: www.northernireland-legislation.hmso.gov.uk
All Acts and Statutory Instruments passed in the Republic of Ireland between 1922 and 1998 are covered in the Irish Statute Book available from the Attorney General , Government Buildings , Dublin 2 or Tel: (01) 6616944. They are also available on-line at www.irlgov.ie/ag/
Copies of legislative documents referred to in insert 5 can be purchased at official publications offices, i.e. the Government Publications Sales Office in Republic of Ireland and the Stationery Office in the North of Ireland.
- Government Publications, Molesworth Street, Dublin 2. Tel: (01) 6613111
- Stationery Office, 16 Arthur Street, Belfast BT1 4GD. Tel: (028) 90238451 Fax: (028) 90235401
As a result of the Belfast (Good Friday) Agreement 1998, power to make laws was placed with the Northern Ireland Assembly (there is an ongoing political process to enable the Assembly to exercise this role). Before 1998 and while the Assembly is suspended, i.e. during periods of direct rule, the Privy Council of the United Kingdom is technically the body that makes most of the laws for the North of Ireland. Laws made in the Assembly are called Acts; those made under Direct Rule are called Orders.
Court structure
The Northern Ireland Social Care Council (NISCC) was established by the Health and Personal Social Services Act (Northern Ireland) 2001, at the same time as social care regulatory bodies were established in each of the other countries of the United Kingdom. The Council's duty is to promote high standards of conduct and practice among social care workers and high standards in their training. To fulfil this duty, the Council will register all staff providing social care as competent workers and has the power to suspend or remove workers from the register if they are unfit to practice.
The Council approves and regulates courses in social work, is empowered to make rules about the provision and content of social work courses and provides information about those courses. A Regional Body was established by the Council according to the Rules for the Approval of the Degree in Social Work (2003) to plan social work training arrangements across the North of Ireland. The Regional Body is an unincorporated association of educational institutions and social work employers involved in the Degree in Social Work and is accountable to the Council. This Regional Body promotes consistency in standards of course provision, secures practice learning resources and plans and advises the Council on strategic issues e.g. numbers of social workers required to be trained to meet the needs of employers and the public.
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