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

I move amendment No. 12:

In page 13, to delete lines 35 to 40, and in page 14, to delete lines 1 and 2 and substitute the following:“(3) The Agency shall consult when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c) where relevant, and ensure that due consideration is given to the views of children as part of any consultation processes undertaken.

(4) The Agency shall, in performing its functions in respect of an individual child under section 8 ensure that the views of that individual child, where that child is capable of forming his or her own views, be ascertained and given due weight with regard to the age and maturity of the child.”.

There are critical differences between what is contained in the Bill, as amended on Committee Stage, and what I seek in the amendment. Section 9(3) of the Bill states: "The Agency shall, when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), ensure that consideration is given to the views of children." I believe the words "due consideration" should be included. With regard to "consideration", I make the same argument as I made in respect of "best interests". The words "due consideration" are more clear as to what is intended - that is, that due consideration be given to the views of children as part of any consultation processes undertaken. That is not confirmed in section 9(3). It is very important to confirm that any consultation processes undertaken regarding children's interests must give due consideration to the views of children.

In the second part of the amendment I seek to supplement section 9(4) with the following: "The Agency shall, in performing its functions in respect of an individual child under section 8 ensure that the views of that individual child, where that child is capable of forming his or her own views, be ascertained and given due weight with regard to the age and maturity of the child.” The critical difference here is where the language in the Bill states, "where that child is capable of forming and expressing his or her own views". The use of the word "expressing" suggests a capacity to give one's view orally. There are many ways in which a child, indeed any of us, can communicate. I have a brother who cannot orally communicate. I have known it all my life but in most instances I know exactly how he feels about given matters.

It is important that we do not confine ourselves in the legislation to the ability of the child to form and to express his or her view, as the current wording suggests. On the contrary, every effort must be made to ascertain the views of the child where the latter has the capacity to form a view. That is not expressly provided for in the Bill, and it is deficient in that regard. I am not just speaking from my own personal experience; the information provided by a range of voices from the non-governmental sector clearly shows there is a wealth of experience in this area throughout the country. My objective in this amendment is to ensure that where a child is capable of forming his or her own views, every effort is employed to ascertain those views and give them due consideration. That is where my proposed subsections (3) and (4) come together.

I hope the Minister, having heard my case in regard to this amendment on Committee Stage, has given it further consideration and will offer me the welcome news that she is accepting it.

See this speech in context