Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

If I may respond briefly. I will conclude with this point. I will preface my remarks by saying that I acknowledge that this proposal is an important affirmation of the rights of the child to have his or her views taken into account and for the child's voice to be heard, depending on age, maturity and capacity. However, it will only be so in a specific number of circumstances.

A wider position was taken in February 2010 when, after long debate, the joint committee arrived at a formula.

This is Article 42.2.3⁰, prefaced by Article 42.2:

Article 42.2 of the Committee's proposed wording enjoins the State to guarantee in its laws to recognise the rights of all children as individuals....The provision also gives constitutional weight to the right of the child‘s voice to be heard, in any judicial and administrative proceedings affecting the child having regard to his or her age and maturity.

I have tried in my amendment to amend Article 42A. 4.1⁰.i and Article 42A. 4.1⁰.ii because I believe that both were required in order to give effect to what I had hoped would be a mirror reflection of our position in February 2010 in Article 42A.4.2⁰. I will have to start in reverse. The Minister's proposed wording states in Article 42A.4.2⁰: 

Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

This is where the limitations apply. This is why I and other voices have sought to not limit it solely to proceedings brought by the State. I refer to Article 42A.4.1⁰ concerning the adoption, guardianship or custody of, or access to, any child, but also to include, "or any other judicial matter concerning the child".

The Minister's wording of Article 42A.4.2⁰ states:

Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

There is no question that this is very important in its own right but it is a reverse from the position we had arrived at after long and mature debate. I believe it is absolutely defensible for us to argue that the child's voice or views should be heard - as is now the preferred wording - in any judicial and administrative proceedings affecting the child. I think it is a very worthy position to affirm. This is a very important opportunity for us to see that included. If it is not to happen, this is but a beginning and it is not an end in itself, but I earnestly appeal to the Minister in my closing remarks to reconsider the restrictions now involved in this particular subsection of the Minister's Article 42A. I believe a better position existed in February 2010 and I would commend its re-introduction.

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