Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I refer to a number of points made and to the report of the Oireachtas joint committee. Deputy Ó Caoláin made a point about the rights of the child. We have been discussing the current formulation of the wording which states the rights differently to the way the series of rights were named in the report of the joint committee. We are not dealing with education and that right remains under the education provisions. However, the other rights are captured in the varying provisions we are putting forward, for example, the right of the child to the protection and care as is necessary for his or her safety and welfare. The best interests provision was always in those areas which were outlined in the report of the joint committee, such as, guardianship, custody, access. It also included a provision for care or upbringing. I have captured the care proceedings thus: "(ii) concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.” . The principle of the best interests of the child was always with regard to judicial proceedings in those areas concerning children and it has been replicated in our amendment. On the right of the child to have his or her voice heard, I take the point made by Deputy Ó Caoláin that he is looking for a broader application of this right. I spoke about this earlier on Second Stage and I have spoken about it elsewhere. It is my view that the administrative proceedings piece can be captured in legislation. We can certainly develop that, either by way of regulation or legislation. The provision for the child's voice in the Constitution makes that even more feasible, I believe. At a practical level, it is happening more frequently that the views of the child are being heard administratively, so to speak. It is a practice which needs to be used and developed more, whether in schools or by local authorities or with regard to decisions on housing. I refer to the work of Comhairle na nÓg and the increasing involvement of young people at county level where they are linking in with the children's services committees or with local authorities in a more formal way. I accept there is a long way to go. However, the proposed amendment of the Constitution, by placing young people in a more central position, supports that kind of development which has been sadly lacking in a number of areas.

In reply to Deputy Boyd Barrett, I outlined earlier some of my concerns about accepting his amendment on decisions to be taken across the spectrum of State activity. I have spoken about the complications when the State has to decide an issue on the basis of the common good rather than on the interests of the child. There would be problems as a result of accepting the Deputy's amendment and I have outlined those.

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