Barry Andrews (Dún Laoghaire, Fianna Fail)

There are situations where it might not be in the best interests of the child to consult one of those categories which the Senator seeks to delete. I cannot argue with any of the points that he is making, but if Senator Cannon will look at subsection (8) on the following page, page 25, it says: "Where the Health Service Executive applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation." Therefore, it is a saver which ensures the High Court is aware this obligation has been bypassed, and that the High Court is satisfied it was done in the overall best interest of the child, which is the overarching principle of the legislation.

I hope that reassures the Senator that the concerns he has expressed are protected against by that subsection.