Dáil debates

Thursday, 21 November 2013

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

 

2:35 pm

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

A few months ago, we would have said that matters concerning children that have happened since that time were inconceivable. We could hardly have expected that a child would be taken from its family because of the colour of its hair or the colour of its eyes. It was inconceivable. I only instance those sad occurrences and I could go on and on about other matters. It is because the inconceivable presents itself in this strange world we live in that inconceivable is not a word we, as political voices, should employ. We should at all times be prepared for the unexpected. I do not accept the argument presented by the Minister is sufficient to jettison the importance of making it clear that there is a legal imperative on service providers engaged by the new child and family agency on matters pertaining to the interests of children, nor do I accept that we should not make it abundantly clear in legislation that the same requirements that apply to the agency apply to the service providers. This refers to the best interest of the child.

Deputy Troy and I crafted these amendments not to make it so closed that it is unworkable. We recognise that this measure shall operate in compliance with section 9 where applicable and there will be situations where it will not be the case because the best interests of children may not be remotely involved in the consideration of some aspects. However, it is where children are at the heart of any such arrangement that I want to see a legal imperative that the outside providers adhere to the exact same strict criteria of the best interests of the child, which is what this Bill is about.

It concerns a new start in cherishing, protecting and providing for the interests of children in this State. That is something this country has historically failed abysmally in achieving. Why would we not go for the best possible protection or fall back on the idea that it would be "inconceivable" that something like this could happen? It is not inconceivable and it is only tragic when something happens that we have not anticipated.

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