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

The all-party committee did, of course, discuss guardianship, adoption, custody care and so on. However, we envisaged a much broader Article 42A.2 which was not preconditioned on anything in Article 42A.1. It was a stand alone provision which affirmed the right of the child to protection and care, to an education - we know why that was no longer necessary - and to have his or her voice heard in any judicial and administrative proceedings.

In any other situation, given the import of what we are discussing, I would consider myself to have no option other than to press the amendment. I will not do so, however, in view of the fact that we - Members on all sides of both Houses - have spent so many years working towards this new beginning in regard to children's rights and child protection in Irish society. It is very important that we depart at the conclusion of this debate united in our intent and without having divided on the floor of the House. Thus, while I do propose to press the amendments to a voice vote, I will not force a division. However, I feel just as strongly about this issue as I do about the equality argument I put forward in regard to Article 42A.1. I am obliged to balance my absolute belief that however imperfect the Government provision, however less than what I would wish it to be, against my acceptance that it is this wording that will prevail. The strength of the Government benches means that in any event, irrespective of the Opposition's case, its position will be carried at the end of the day.

As I said, this proposal offers a new beginning. While it is unfortunate that the Minister will not accept any of our amendments, there will be another day to revisit all of these issues. I hope there will be a willingness on the part of the Minister, as she has indicated - I may be grasping at straws here - to being forward further legislation to reflect our concerns. I hope the case we have put is of sufficient strength to impress on her and her colleagues in government the significance of the ways in which what was agreed by the all-party committee in February 2010 is not matched by this wording in respect of the right of the child to be heard. While that absolute principle will clearly not be reflected in all circumstances under the Government formula, I do acknowledge that it will be reflected in regard to the particular cohort of situations set out in the amendment. As such, it is a start. I hereby affirm my support for that start but also my intent to continue to work and campaign, in co-operation with other voices, towards the realisation of the appropriate and best position for us to adopt in the interest of all children.

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