Ms Éimear Fisher:

With regard to section 25 and the appointment of the child as a party, that decision is made by the court. The GAL could ask the judge to make the child a party. Deputy Ó Loaghaire referred to due consideration. That is to provide some latitude. It is written in that way for the purpose of saying that, with regard to certain circumstances, it might be quite clear to the court that it is difficult for the child to provide his or her views. Due consideration is something that would have to be weighed by any appeal court or any other mechanism. Due consideration is almost intangible; it is almost subjective. I accept that there might be difficulties in that regard but, at the same time, the purpose of this is to provide a situation where the court shall take account of the views of the child and to provide for that with as much prescription as possible, bearing in mind that there will be difficulties for the child to give those views in particular cases.