Barry Andrews (Dún Laoghaire, Fianna Fail)

This section and the entirety of the legislation are governed by the principle of the best interests of the child. The welfare of the child should be the first and paramount consideration.

Unlike Deputy Ó Caoláin, I do not need to remember back. He is right, about children having strong views at a young age, but I submit that sections 23 and 24 are read together. Section 24 provides an exception to the rule that a child must be not more than seven years of age to allow for adoption. In those circumstances, it is obligatory that consideration be given to the wishes of the child. Arguably, the amendment would allow for circumstances in which an eight, nine or ten year old might not be consulted because there would be greater vagueness in terms of the discretion of the authorities to consult. Section 24 makes the obligation mandatory in respect of all children over seven years of age.

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