Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am sure the Deputy will agree that the section as drafted makes the child's voice a central factor in decision making and the proofing of decisions. It breaks new ground to have it expressly articulated in legislation that consideration will be given to the views of children in planning and reviewing the provision of services under the new structure. It is there in black and white in the Bill. Moreover, having accepted on Committee Stage that the original wording was a little too limiting, I have broadened it out. I also made sure that the provisions that are relevant to the Education (Welfare) Act 2000 are now included in this section. That is particularly important given the many issues that arise in schools in respect of which the views of the child should be paramount. It is a strong provision which breaks new ground in making absolutely clear that the views of the child must be sought and considered.

When decisions are being made in regard to children a great deal of evidence will be gathered by a range of methods, including from client feedback in sessions with the parents and with the child, from the various audits that are done, via the complaints mechanisms and through the guardian ad litem service when children are before the courts. In addition, the reviews conducted by the Health Information and Quality Authority involve interviews with individual children. As part of its review of the child protection services, the authority is issuing a series of reports at regular intervals. Those reports show that there is a greater improvement in the delivery of services in some areas while there is work still to be done in others. We are also having a great deal more consultation with children and groups of young people, as referenced by the work of EPIC with children in care. A whole new approach is being adopted throughout the services which puts children's voices at the centre. This Bill provides a legislative base, which was not previously in place, for that type of consultation. In many respects, the practice had gone ahead of the legislation in this regard.

My concern in regard to the Deputy's amendment is that it might serve to paralyse some aspects of decision making. I am confident that what is in the Bill is strong enough. His amendment does include the phrase "where relevant", which might help to avoid an overly expansive interpretation of the section. However, without guidance being built into the legislation as to what is defined as relevant in this context, the effect of the provision would be unclear. The section as drafted makes the child's voice central to the proofing of decision making and, as such, it breaks new ground. Were I to accept the new subsection 9(4) as proposed in the Deputy's amendment, it would broaden the provision enormously. The way in which the section has been drafted will ensure children's voices are recognised as being central to decision making under the new agency. As I said, the practice has already gone in that direction.

I am satisfied that the importance of facilitating the expression of the views of the child is catered for in the legislation and that children will, in practice, be heard. I am very aware that the expression of views, as the Deputy outlined from personal experience, is not always a verbal process. There are many methods of enlisting the views of children, including through play, art and observation. That will be part and parcel of the way the agency seeks to arrive at the views of the child in a way that is respectful of how they communicate. Therefore, I do not propose to accept the amendment.

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