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

Section 9 sets out the responsibilities for the agency when it is making decisions about children in respect of its functions and planning and reviewing the provision of services. Section 9(1) states "The Agency shall, when making decisions in relation to the performance of its functions under section 8(1)(a), (b) or (c), have regard to the best interests of the child in all matters." That is important. Section 9(3) 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." Section 9 takes into account the special interests of the child, gives consideration to the views of the child and spells out the responsibilities of the agency. It would not be consistent with the agency's functions to enter into a contract with a service provider where the service provider is not obliged to co-operate in compliance with the agency's responsibilities. That is common sense and is as the situation should be.

The matter of the service providers' compliance with section 9 can be dealt with appropriately and with the necessary flexibility in each contract the agency has with service providers. Inserting such conditions into a contract creates an obligation on the service provider, which is actionable if there is non-compliance as it amounts to a breach of contract. The need for absolute compliance with section 9 by service providers providing services on behalf of the agency is most effectively and appropriately dealt with in the contract the agency makes with the service providers. I will not accept the amendments. It is inconceivable and not consistent for the agency to enter into a contract with service provider that is not working in accordance with the various sections I outlined.

See this speech in context