Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I move amendment No. 10:

In page 45, between lines 42 and 43, to insert the following:

"(2) The Health Service Executive shall have regard to the views of the child, taking into consideration the child's age and understanding. Prior to taking steps under this section, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the child does not consent.".

The need for this amendment is self evident and I urge the Minister to support it. The amendment addresses a significant gap in the Bill which has been identified by those working on the front line in this area. The Government needs to listen carefully to those informed concerns and needs to fill the legislative gaps and the gaps in service provision accordingly. It is not only those working at the front line who must be heard. As sought by this amendment, the child must be heard. The child must not only be heard, but must be listened to. This is an important principle which should be at the core of the legislation.

A position of unanimity on the part of the Opposition voices on children was taken on this back in January and the then Minister of State, former Deputy Barry Andrews, was strongly urged to accept this amendment. It is regrettable this amendment is necessary again. I would have hoped that some of the amendments for which both coalition parties currently in Government fought so strongly such a short time ago would now be part of the Bill, rather than a cause for argument on amendments presented at this stage. I would prefer to have turned the pages and found at least that this amendment was in the name of the Minister. That would have been something important.

It is important that the voice of the child is listened to. For too long, we have seen many situations where children were ignored. Critical decisions with regard to their circumstances and futures were taken without any regard whatsoever for the children's views, hopes and expectations, which were formed and based on their own experiences. We need to see a Child Care (Amendment) Bill that truly puts children at the centre of consideration but we will not do that if we perpetuate and continue a system that will not allow the child's voice to be heard and heeded.

I will conclude with these opening remarks on amendment No. 10. I strongly urge the Minister to accept the importance of this proposal.

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