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

I appreciate the Deputy raising this matter again. We had a good exchange on it on Committee Stage. It has prompted me to reflect further on the Deputy's amendments so I will respond to his proposal. "In so far as practicable" is consistent with the language used in Article 42A of the Constitution. It states: "The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights." It allows the Adoption Authority or the court, as the case may be, to take into account the individual needs of each child in ascertaining his or her views, having regard to the child’s age and maturity. I consider this provision would be unworkable without "In so far as practicable", as a child cannot be compelled to give his or her own view if he or she does not wish to do so.

As I indicated on Committee Stage, I have developed this provision further and am proposing to provide that regulations may be made prescribing the procedures by which the authority or the court, as the case may be, in so far as practicable, can 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. As I said, I have reflected on the Deputy's amendments but, on the basis of what I have said, I do not propose to accept them. What we are trying to provide for here is a standard that relates to a threshold of feasibility. It is not intended to be an escape route.

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