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

Article 42A.4.1 is effectively an enabling provision for the State. The use of the word "shall" means the State must legislate in these areas. It is a very strong provision. The areas that are covered are the critical ones for the children who will be affected by the amendment, concerning the critical aspects of their day-to-day life. We have selected, in common with the all-party committee, issues relating to child care proceedings, adoption, custody and access decisions - in other words, the key judicial areas that affect children. The strength of the provision, by virtue of the inclusion of the word "shall", means the State is obliged to introduce legislation in these areas. That sends a very important signal.

There is nothing, moreover, to preclude legislation on some of the areas to which the Deputy referred. To reiterate, the proceedings covered in the amendment relate to the critical aspects of children's day-to-day lives. In common with the all-party committee, we chose to focus on those areas in terms of introducing a requirement on the State and the Oireachtas that was never previously there. The provision captures the key areas wherein key decisions are made about children. As I said, to move beyond that would have some very broad consequences for our legal system. At this point, I am focusing entirely on the key areas that affect children, where decisions are made that are of huge import for their lives. The same areas were chosen by the all-party committee. For these reasons, I cannot accept the amendments.

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