Ms Caoilfhionn Gallagher:

I refer the Deputy to the fact that in May 2023 I put in a detailed submission on a number of matters. I can provide it to committee members subsequently, if that is helpful, and talk it through in some more detail. I put in quite a detailed submission and, of course, I have subsequently seen the report. The proof of the pudding will be in the eating and where we finally land. I raised some general and some specific observations in my submission, but one of the main concerns that I raised was that when we look at the requirements of the UN Committee on the Rights of the Child and, in particular, the best interests obligation under Article 3 of the UN CRC, it emphasises that the best interests of the child is a threefold concept. The right of a child to have his or her best interests assessed and taken as a primary consideration is a substantive right. It is also an important legal principle and, critically, it is a fundamental rule of procedure. Whenever a decision is to be made that will affect either one individual child, an identified group of children or children in general, the decision-making process must include an evaluation of the possible impact, positive or negative, of that decision on children.

That is why I raised particular concerns about the absence of a requirement in regard to record-keeping by a person exercising a function under the Act. Of course, an obligation is proposed to have regard to the guiding principles but, in my view, there should be an express requirement to record the reasoning of the decision-maker. That is an express requirement of Article 3.1 and is important in terms of understanding at a later stage. Where decision-making has gone wrong or where there has been a gap, it can be very important in terms of accountability for an individual child who has been failed. That is one of the key issues that I would highlight.

Members will see from my submission that there were a number of other matters. I am quite happy to discuss that in more detail when we are under less time pressure, if that would be helpful.