Oireachtas Joint and Select Committees

Tuesday, 25 January 2022

Joint Committee On Health

General Scheme of the Mental Health (Amendment) Bill 2021 (Resumed): Office of the Ombudsman for Children

Dr. Karen McAuley:

I will take that question and I thank the Deputy for it. On where we are coming from, as the Deputy will be aware, the child's right to be heard is a fundamental principle in terms of children's rights. The key point is that every child has a right to be heard and to have due weight given to his or her views in accordance with his or her age and maturity. The point is that it should not say "where practicable". The point is to make it feasible. We are not clear what "where practicable" refers to. The problem is that what potentially could happen is that barriers that are either already in place or will be put in place where it will be possible to say we could not consult with this child because it was not practicable when that child has a fundamental human right to be heard. It is a qualifier that we do not think is appropriate to have there. A right to be heard is a right to be heard, not "where practicable".