Alex White (Labour)

I move amendment No.12:

In page 44, between lines 39 and 40, to insert the following subsections:

"(2) Regard shall be had to the views of the child, having regard to the child's age and understanding, prior to taking steps under this section.

(3) Regard shall be had to the views of any parent of the child prior to taking steps under this section, and save where such steps are urgent, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the parents do not consent.".

We discussed earlier the issue of consultation where the HSE had to make a determination that a child required special care. In this section, we are dealing with instances where the child is already in special care. The extent to which there should be consultation with the child and the parent is the subject matter of these amendments.

There is a list of things the HSE is required to do under the Bill in these instances. The list seems to be reasonable and is the sort of thing we would expect from a set of procedures. The list codifies the regime that should exist. Our amendment requires that the views of the child who is the subject of the special care order should be taken into account when taking any steps under this section. This is entirely consistent with the debate we have had on amending the Constitution to provide for enhanced children's rights. All parties were keen to include a provision in our report that, where practical, the views of the child should be taken into account. If there are any circumstances in which the views of the child should be taken into account, then it is where the child is subject of a special care order. The suggestion that the views of the child should be taken into account almost seems to speak for itself. In case there is concern about the child's age or maturity, we have included a provision that regard shall be had to the child's age and understanding. If this amendment were accepted, the HSE would be entitled to have regard to the child's maturity and understanding in the circumstances.

The second pillar is that regard should be had to the views of any parent of the child prior to taking steps under the section. I emphasise the word "regard". There is no suggestion of a veto or that the views expressed by the parent would have to prevail but that they should be taken into account prior to taking any steps. Again, to provide comfort to those who feel it might be necessary to take urgent action, there is an exception by the inclusion in the amendment of the wording "save where such steps are urgent, the court shall give such directions as are appropriate where the Health Service Executive proposes to take steps to which the parents do not consent".

Representatives of Barnardos made the point to me that where a child is taken into care, we do not want, unwittingly or unnecessarily, to rupture any connection that may still exist between the child and its parent or parents. There is often a dislocation problem in these situations whereby the child has become removed from its parents and there is a dysfunctional relationship or none at all. In so far as there is a relationship or the possibility of a future relationship, it is important it is maintained and that no steps be taken that would have the effect of rupturing any fledgling relationship. In these circumstances, I commend the amendments to the House.