Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I accept the decision to rule out of order amendment No. 4, which I understand involves a charge on the Exchequer. However, I do not agree with the decision to rule amendment No. 4 out of order. I am not sure if I should pursue the matter with the committee secretariat or the Bills Office. In any event, I will refer to one phrase used in the section about which I have a concern. The use of the phrase "In so far as practicable" in subsection (2) is not necessary in the sense that the paragraph reads perfectly well without its inclusion. As such, the inclusion of these five words amounts to an unnecessary qualification of the right of a child who is capable of formulating views to have those views given due weight. There is no basis for making this right dependent on whether it is practicable. Usually, this phrase is used in respect of budgetary constraints or administrative difficulties. In this instance, it is being inserted to qualify what should be considered a fundamental right, namely, the right of a child, where he or she is capable of forming a view and a court is capable of ascertaining what the child's views are, to have his or her view given weight. The issue of practicality should not arise as this is a fundamental and central right. The qualification is unnecessary.