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

With regard to the Minister's response on amendment No. 9, let us be very clear about what the Bill states: "having regard to the best interests of the child in all matters". It makes no real statement on how the child's interests are to be regarded. It does not make this clear. That is why I believe the introduction of the words "primary consideration" is necessary to give absolute clarity to what it is we expect. What is before us, "having regard to the best interests of the child in all matters", falls far short of the UN Convention on the Rights of the Child where it particularly states this must be at all times a primary consideration. It is hugely important that we indicate exactly how the best interests of the child are to be not only evaluated but, most importantly, also adhered to and the words "having regard to" simply fall far short. It is no good repeating that it is understood, implicit or suggested. These are the functions of the agency. No other brief or term of reference for the new agency should be clearer than the best interests of the child. It is absolutely essential that we accept the amendment.

Amendment No. 11 seeks to insert in section 9(2) after the reference to the Child Care Act 1991 and the Adoption Act 2010 "whether in proceedings before a court or otherwise". This is very important because it is open to interpretation from the construction of section 9(2) that this is only with regard to a court scenario. We need to be very clear that it would be applicable in every scenario with regard to the new agency's functions under the Child Care Act 1991 or the Adoption Act 2010, whether in proceedings before a court or otherwise. There are other settings where issues pertinent to each of these and the child's interests will be evaluated. The amendment proposed to section 9(1) is essential. The best interests of the child must be a primary consideration. The clarification on section 9(2), with the addition proposed in amendment No. 11, should also be accepted.

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