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

I move amendment No. 6:

In page 11, between lines 8 and 9, to insert the following:“(4) Without prejudice to the generality of subsection (3), the Minister may make regulations 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—

(a) 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,

(b) 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,

(c) prescribe as appropriate persons—

(i) a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or

(ii) a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,

(d) 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,

(e) 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,

(f) prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,

(g) prescribe the allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(i) and the fees and allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(ii),

(h) make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.

(5) Regulations under this section may—

(a) make different provision in relation to—

(i) children of different ages and maturity, or

(ii) different classes of appropriate persons,

and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(6) In determining for the purposes of subsection (3) how the child's views shall be ascertained and heard, and how such views shall be given due weight having regard to the age and maturity of the child, the Authority or the court, as the case may be, shall have regard to regulations made by the Minister under subsection (4).”.”.

See this speech in context