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

The Child Care Act 1991 and the Adoption Act 2010 already require the best interest principle to be upheld by the agency. Section 3 of the Child Care Act 1991 is explicit in this regard with respect to the application of best interest and covers any action of the agency in the context of fulfilling its functions under the Act. This includes arrangements in respect of the adoption of a child in section 6. The consideration of best interest in court-related proceedings is a matter for the relevant court or relevant decision-making body. Section 24 of the Child Care Act states:

In any proceedings before a court under this Act with regard to the care and protection of a child, the court, having regard to the rights and duties of parents, whether under the Constitution or otherwise, shall--(a) regard the welfare of the child as the first and paramount consideration

while section 19 of the Adoption Act 2010 states:

In any matter, application or proceedings before(a) the Authority, or
(b) any court,relating to the question of the arrangements for the adoption of a child, for the making of an adoption order or for the recognition of an inter-country adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration.

I am satisfied the provision I have made has intended effect in section 9 of creating a child-centred approach to decision making, while restating the specific requirements for paramountcy in certain specified processes. I do not see a reason to restate the provision relating to proceedings before a court or the adoption authority in the current Bill. Therefore, I am not accepting the amendment.