Jim Daly (Cork South West, Fine Gael) | Oireachtas source

Section 4 of the Bill is linked to the previous section and also deals with the principal consideration of "best interests". In this case it relates to children not adults. There is one significant change. While the intention is to add guiding principles, as is proposed for adults, with regard to children we would seek to retain the reference to "best interests". There is agreement that this is the way to proceed where children are concerned. The expert group review on the Mental Health Act 2001 also recognised that in the context of children there is a need to refer to "best interests" and it is noted that paragraph 1 of Article 3 of the United Nations Convention on the Rights of the Child provides that in all actions concerning children that are undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be of primary consideration.

The guiding principles as laid out in this section of the Bill differ slightly from those recommended by the expert group review and I would appreciate the opportunity to examine more closely the wording recommended before we agree the final text.

I must stress once again that I have no difficulty with the principle behind the change, but the individual principles themselves may need to be tweaked to make sure we get them absolutely right.

While I accept the thrust of the provision it is my intention to once again revisit this on Report Stage.