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

In response to my arguments, the Minister used the phrase "listen to the child". The dictionary definition in regard to "expressing" a view relates to communication. Expressing an opinion is a physical performance, whether using a keyboard or any other means by which a child can offer a view. There are different ways of expressing a view, but expressing is a physical act that requires certain attributes. These will not always be evident to all concerned. Different situations will apply, not only with regard to a child that has not been able to formulate a voice communication. There will be other ways through which even children who have the capacity to speak may communicate their particular views, perhaps because of the difficulties that may present in a situation of great trauma. There is a range of ways children's views can be noted, taken on board and shared.

The purpose of going through the legislation is to ensure we do not limit its application nor draw boundaries to the practice of taking on board the views of the child. I believe the use of the word "expressing" provides for this. Committee Stage of a Bill is about teasing out the possible interpretations. I believe the interpretation the proposed wording offers is the one the Minister, unthinkingly perhaps, used in reply to me. The word she used was "listen" and that is as it is understood. I believe that is too limiting and that if the child is capable of forming his or her views, those views must be ascertained, whatever the means or circumstances, and given due weight and taken into account. That is my case and it stands on its merit. I have no doubt there would be no shortage of experts who could confirm my concerns. This should be taken into account and I ask the Minister to accede to the deletion of the particular reference in section 9(4).

With regard to the extension in the Minister's amendment of the provision to other areas of legislation, it should not be limited to any of these, but should include all of them and more besides. Therefore, there are two prongs to my address of this subsection.