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

I move amendment No. 107:

In page 23, to delete lines 1 to 4 and substitute the following:“(2) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, in determining who is to be the appropriate person to accompany a child to an interview or court proceedings pursuant to subsection (1), have regard to any views expressed by the child taking into account his or her age and level of maturity.

(3) Where an appropriate person is appointed to accompany a victim, he or she shall be entitled to remain in court during the whole of any hearing.

(4) In this section, “appropriate person” means—

(a) a relative of the child, or

(b) any other person,

who is 18 years or over.”.

Amendment No. 107 amends section 17 to ensure that when the Garda or Ombudsman Commission appoint a person to accompany a child at interview or during criminal proceedings, they must take into account the child’s view with regard to who the accompanying person should be. That is very positive.

It has always been envisaged that the child’s views would be considered in appointing such a person. This person is intended to be a support to the child. However, as concerns have been raised that this is not explicitly provided for, I am tabling this amendment which will ensure the child's views in respect of who he or she wants to accompany him or her will be taken into account. That means that consultation with the child and the taking into account of the child's view would have a statutory basis.