Dáil debates

Thursday, 21 November 2013

Child and Family Agency Bill 2013: Report Stage (Resumed)

 

1:45 pm

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

I acknowledge that the Bill contains huge steps forward in terms of the best interests and views of the child. My efforts to improve the Bill, as I see it, do not take away from that fact. Indeed, I have already indicated my intention to support the final passage of the Bill. That remains my position. My objective is to arrive at the best possible legislation to cater for the needs of children into the future. I am strongly of the view that the inclusion of the reference to due consideration being given to the views of the child in the context of any consultation processes undertaken is the appropriate way to construct subsection 9(3). It broadens out the application of subsection 9(4) by deleting the specific references to the legislation as contained in the existing subsection (4). The point is that the views of the child should be taken into account across the board in all matters pertaining to his or her interest. That should apply in all circumstances.

I reiterate the point about the ability of the child to form and express a view. In most situations children are capable of forming a view and can, through a variety of means, give expression to that view. Expressing is understood in terms of verbal communication, but there are a whole variety of ways and means by which the child's views can be ascertained and that should be given due weight, with regard to their age and maturity. My objective in presenting this amendment is to improve what the Minister has presented. I do so for the obvious reasons, as I have explained, and for the very best reasons, as I have approached each of the amendments I have presented.

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