Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

The fact that what the Minister is proposing in this legislation - which in the main, people agree with - has not been done in any other country means that we have to proceed with caution. The cautionary principle is that in any circumstances that involve a child, the best interests of that child have to be paramount. This does not meant that any of the other safeguards can be disregarded but it does mean that the best interests of the child have to be considered first and foremost. I think that is a good principle. It is proposed in the context of this legislation - not at this stage - by the Office of the Ombudsman and by the UN special rapporteur. For that reason, I am proceeding with this amendment. I think it is a very important one. It is regrettable that it has not been taken on board. The Minister makes the point that in a review in a few years' time, if there are any issues about that or if there is any abuse, as the Minister is suggesting might happen, that can be dealt with at that stage. The starting point has to be about the primacy of the best interests of the child. For that reason, I am pressing the amendment.

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