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

This is in reference to the functions in section 8(1)(a), (b) and (c). Section 8(1)(a) concerns the performance of the functions, powers and responsibilities transferred to the new agency under section 72 from the National Educational Welfare Board which are relevant to children and section 82 which deals with the HSE. Again, the focus is on children in the main. Section 8(1)(b) concerns the development, welfare and protection of children, while section 8(1)(c) concerns supporting and encouraging the effective functioning of families. Families have children at their heart. This is not about a husband and a wife with no children; it is about families and children. Children are at the core of each of the component parts. We all understand and accept the Minister's argument that there are other responsibilities, but the amendment clearly states the child will be at the heart of the agency in performing its functions under section 8(1)(a), (b) and (c) in respect of an individual child or family.

Regarding the best interests of the child as a primary consideration is exactly what we require and we should not be afraid to affirm it. We should not be afraid to embrace the highest standards accepted, endorsed and promoted by the United Nations Convention on the Rights of the Child. It is imperative that we reach the highest standards attainable, which is why I am seeking to ensure this particular section properly affirms this principle in the best interests of children. There is no other interest in my consideration in putting forward this argument. Again, I refer to amendment No.11; adding the words "whether in proceedings before a court or otherwise" would clarify that we were not only looking at proceedings in courtroom settings.

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