Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

At the outset I apologise to you, the members and the Minister and her colleagues because of the time taken for Topical Issues. The amendment seeks to substitute what appears in the legislation at section 9(4) with a new formulation of wording. The critical focus of this is removing the reference to "expressing". The wording as presented in the draft legislation states "(4) The Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010, ensure that the views of that individual child, where that child is capable of forming and expressing his or her own views, be ascertained and given due weight having regard to the age and maturity of the child." It is also particular to the two Acts as mentioned in the text of section 9(4) as presented.

My amendment seeks to remove the referencing or the caging of the requirement with regard to the two specific Acts, and the provision would apply in all aspects of the work of the agency under section. Very importantly, it deals with cases where the child is capable of forming his or her own views. It does not limit the provision's application to where the child is capable of forming and expressing his or her own views. It may be argued that expression can apply or imply a variety of means of communication but I fear its most simple understanding is the one that could apply, namely, that the child should orally give voice. Children will employ a range of means of communication and it is critical that those entrusted to establish their views, where they are capable of forming view, would look at the full ambit of how the child can communicate. It is therefore important we delete the reference to "expressing" and accept that where the child is capable of forming his or her own views, those views be ascertained by whatever means or expertise and function that can be employed. That should be given due weight with regard to the age and maturity of the child.

The subsection within section 9 is too limiting in that it refers to two named Acts and I am also fearful that the requirement of the wording with regard to "expressing" a view could work against what I would expect to be the Minister's own disposition and intent. That is where the child is capable of forming views, they should be ascertained and given due weight, irrespective of whether the child is orally competent.