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

Amendment No. 23 to section 9(4) broadens the operation of this section to provide that when performing its functions in respect of an individual child under other specified Acts - not just the Child Care Act 1991 and the Adoption Act 2010 - the agency will get the views of the child and give them due weight, having regard to the age and maturity of the child. At individual level, it is considered good practice to obtain the views of children on service provision. This is no more than any service user should expect.

This amendment will give statutory expression to good practice. This is particularly important in respect of children. The amendment recognises the importance of hearing their views and giving effect to their voice in matters that relate specifically to them as service users in the agency. The amendment will ensure that when the agency is exercising functions, for example functions under the Education (Welfare) Act 2000 and functions related to supporting and encouraging the effective functioning of families under the Act, family support services aimed at promoting the welfare of children, the care and protection of victims of domestic, sexual or gender based violence and services related to the psychological welfare of children, it will be obliged, where the child is capable of forming and expressing his or her views, to ascertain the views of the child and give them due weight, having regard to the age and maturity of the child.

This is an extension and strengthening of the legislation and means the provision will now apply to a broad range of services the agency is responsible for providing to children. This includes the Education (Welfare) Act also. People had concerns we were excluding that Act, but it is now included. Therefore, I am taking on board the points made by the Deputies with regard to broadening the scope of the legislation, perhaps not to the degree suggested by Deputy Ó Caoláin, but I feel his issues are covered well here.