Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The main problem with accepting the Deputy's amendment to change the wording to "regard the best interests of the child as a primary consideration" is the interaction with the wide range of functions the agency has, and the issue of the balance of other rights. That is why the text is currently phrased as it is.

I would like to consider this amendment further and I will examine the question of how it interacts with the function of the agency. Given the broad range of functions the agency has and the broad range of services it provides, I have very strong legal advice that the consideration of other rights may come into play and that the wording "have regard to the best interests of the child..." is the appropriate formulation. It is a key issue with regard to children. The wording of section 9(2), which states that the agency shall "regard the best interests of the child as the paramount consideration" is very strong. I would be prepared to have further discussion on this on Report Stage if the Deputy withdraws his amendment. I believe it is a critical issue. As I have stated, I have very clear legal advice that the formulation I have arrived at is the appropriate one for the range of functions and services to be provided by the agency and the competing rights of the family, parents and other service users that may come into play.

I feel that we have the strongest legal formulation for the rights of the child at the core of the agency. I am prepared to examine this again and come back on Report Stage for a further discussion.