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

The Minister refers to local variation and need. High standards of consistency, which would be required if the subsection were amended, do not disallow flexibility in response to given circumstances which can and will present. The Minister's comments suggest, for the first time, that inconsistency is what she wishes to provide for. The only logical conclusion one can draw from her statement is that she regards inconsistency as meritorious in respect of the legislation and the agency it establishes. I cannot wear that view, which is absolutely wrong. Having the highest standards of performance, transparency and consistency would not preclude those entrusted with performance of responsibility on the part of the State from responding to circumstances as they require in light of all the facts that apply.

The Minister's argument is a convenient way of refusing to accept further straightforward and logical amendments that seek to improve and strengthen the legislation in the interests of children and as a means of building confidence across society in the State's role in respect of children. Such confidence has been significantly weakened in the recent past as a result of certain actions and decisions which have clearly shown a lack of consistency or equality of response in relation to all children.

Having made the case for accepting the amendment again, I do not propose to add anything further, as it would be wearisome to do so. The amendment stands on its merit and it is a great disappointment that on Committee Stage and now on Report Stage, the Minister has not been able, for whatever reason, to accept the most straightforward, meritorious amendments which are designed solely to improve the legislation in terms of preparing for the role of the agency.

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