Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I move amendment No. 2:

In page 11, between lines 3 and 4, to insert the following:

“(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including—

(a) the child’s age and maturity,

(b) the physical, psychological and emotional needs of the child,

(c) the likely effect of adoption on the child,

(d) the child’s views on his or her proposed adoption,

(e) the child’s social, intellectual and educational needs,

(f) the child’s upbringing and care,

(g) the child’s relationship with his or her parent, guardian or relative, as the case may be, and

(h) any other particular circumstances pertaining to the child concerned.”.

I indicated on Committee Stage that I would bring forward an amendment to this section. The Adoption (Amendment) Bill amends section 19 of the Adoption Act 2010 to reflect the 31st amendment to the Constitution in regard to the best interests of the child. In any matter, application or proceedings under the Act which is before the Adoption Authority or any court, the authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.

A number of Deputies requested a strengthening of the provisions to be made in regard to the best interests of the child in adoption proceedings. I agree that the provision of a framework for the application of the best interest's principle in adoption proceedings would be beneficial for the Adoption Authority or the court, as the case may be.

I propose to include an amendment in the Adoption (Amendment) Bill 2016, Amendment No. 2, to provide that, in determining what is in the best interest of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including the child's age and maturity; the physical, psychological and emotional needs of the child; the likely effect of adoption on the child; the child's views on his or her proposed adoption; the child's social, intellectual and educational needs; the child's upbringing and care; the child's relationship with his or her parent, guardian or relative, as the case may be; and any other particular circumstances pertaining to the child concerned.

I propose amendment No. 6 to provide that regulations may be made prescribing the procedures by which the Authority or the court, as the case may be, shall, in so far as practicable, determine how best, having regard to the age and maturity of the child, to ascertain and give due weight to the views of the child in any matter, application or proceedings and, without prejudice to the generality of the foregoing, such regulations may make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing to the Authority or the court, as the case may be; make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child's views orally or in writing to the Authority or the court, as the case may be; prescribe as appropriate persons a class or classes of persons who are suitable to be appropriate persons for the purposes of such functions; make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person; make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be; prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section; and prescribe the allowable expenses and-or fees that may be charged by an appropriate person.

I intend to enter into a consultation process with children before the regulations are drafted.

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