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)

3:15 pm

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

I move amendment No. 20:


In page 13, subsection (3), line 36, to delete "as part of any consultation processes undertaken".
This amendment proposes to delete "as part of any consultation processes undertaken" in section 9(3). Section 9 appropriately requires the best interests principle and the views of the child to be applied in all of the agency's external functions. The effect of the amendment is to broaden the effect of section 9(3). It will mean that when the agency is planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), to which both Deputies referred, the agency is obliged to ensure that consideration is given to the views of children more broadly and will not limit the consideration to the context of any consultation processes undertaken.

In response to Deputy Ó Caoláin, that was the point I was making earlier. My point was that I was not trying to narrow the space where the views of children would be heard. Rather, I was trying to broaden it. I made that change because quite a number of the NGOs that have taken an interest in this Bill have made the point to me that the way it was worded - "as part of any consultation processes undertaken" - could limit where one would use the best interests principle and the views of the child. This aims to broaden rather than narrow it. It will extend it from where there is consultation to all services.

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