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

That is okay. I move amendment No. 17:

In page 13, lines 33 to 36, to delete subsection (3) and substitute the following:“(3) The Agency shall consult when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c) where relevant, and ensure that due consideration is given to the views of children as part of any consultation processes undertaken.”.

My amendment seeks to substitute section 9(3), and the important language employed, which reads:

The Agency shall, when planning and reviewing the provision of services in connection with the performance of functions under 35 section 8(1)(a), (b) or (c), ensure that consideration is given to the views of children as part of any consultation processes undertaken.

My view is that the word "consult" is critically important and also "due consideration", not just "consideration". The original subsection needs to be strengthened. The real intent of members here, across the board, is properly reflected in the language that the Bill employs. Therefore, if my amendment was accepted, the substitute subsection would read as follows:

(3) The Agency shall consult when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c) where relevant, and ensure that due consideration is given to the views of children as part of any consultation processes undertaken.

The key point is the addition of the word "consult" after "The Agency shall", because that is what it needs to do. Consultation is not an absolute requirement under the existing wording. Part of the existing provision, as things stand, is the phrase "as part of any consultation processes undertaken." However, "shall consult" is a direction for what the agency should do.

At present subsection (3) states: "The Agency shall ... ensure that consideration is given." That is what is being asked of it. My amendment seeks that the first thing that the agency will do is to "consult when planning and reviewing the provision of services", and in addition, not only consideration but "due consideration" must be given. The addition of the word "due" emphasises the extent and depth of what we expect. I commend my amendment to the Minister and to the members of the committee.