Oireachtas Joint and Select Committees

Tuesday, 22 October 2013

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs

Child and Family Agency Bill 2013: Committee Stage

7:05 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 16:


In page 13, subsection (2), line 31, after "2010," to insert the following:"whether in proceedings before a court or otherwise".
What this would mean is that section 9(2) would read:
Notwithstanding the generality of subsection (1), the Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010, whether in proceedings before a court or otherwise regard the best interests of the child as the paramount consideration.
This is to ensure the widest application and understanding of the "paramount consideration" of the child's interest. I believe that is important. We are making it clear there are a number of scenarios that would and could present in which the legislation would be a central focus of consideration of the child's interest, whether that be in a court setting or otherwise, and we would expect nothing less than paramount consideration of the best interests of the child. I think it is self-evident. Deputy Troy might like to add to my contribution.

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