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

Careful thought has been given to the phrasing of the legislation here. We want to ensure that the views of the individual child, where that child is capable of forming and expressing his or her views, are ascertained and given due weight, having regard to the age and maturity of the child. I am satisfied that the principle of hearing the views of the child is clear in this provision. We are not saying anything about the form of expression here and it need not be limited in any way. We are talking about ascertaining the child's views where the child is capable of forming and expressing his or her views. There is plenty of scope in the provision to cover the points made by Deputy Ó Caoláin with regard to how the views will be ascertained by the individual worker or whoever has regard to the child or is making decision. The legislation does not limit in any way how those views can be expressed or understood, but includes the provision as a strong principle. It is not clear how the Deputy's amendment might be interpreted across the full range of the functions of the agency and it is not sufficiently clear in intent. I accept the broad principle in the amendment, which is already in the legislation, regarding ensuring we listen to the views of the child.

I accept the point made by Deputy Troy that it would be preferable to broaden this provision, rather than limiting it to the Child Care Act and the Adoption Act, as drafted originally. That is what my amendment will do. It will broaden the provision to cover other functions of the agency and other legislation. I will explain that when I discuss my amendment.