Oireachtas Joint and Select Committees

Thursday, 24 October 2013

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

Child and Family Agency Bill 2013: Committee Stage (Resumed)

3:00 pm

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

Amendments Nos. 19 and 20 should be in this group.

I am concerned that the Minister is not disposed to accepting amendment No. 17 which would introduce the word "consult" to the requirement on the agency when planning and reviewing. It is critically important to do so. I note that in amendment No. 20 the Minister proposes to delete the reference to consultation from this subsection. We are dealing with section 9(3). That amendment proposes to delete the last seven words, "as part of any consultation processes undertaken". I had not envisaged that being removed and instead I argued that the agency should consult. In this instance, it appears that all the agency is required to do is ensure consideration is given to the views of children as part of any consultation process undertaken, but, with the Minister's amendment, the provision will be that the agency ensure consideration is given to the views of children, which is very weak. The measurement "shall ensure that consideration is given" leaves much to be desired. There will be situations where less than what should have been employed will be accepted as an easy course and a quick means to a decision or an answer. It is very important that the agency understand from the outset that it is required to consult and that not only consideration but due consideration be given to the views of children. I feel strongly about this matter. I hope that in the couple of days since we last addressed this amendment on Tuesday the Minister has given further favourable consideration to it. I commend the amendment to her for the reasons I have explained.

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