Barry Andrews (Dún Laoghaire, Fianna Fail)

As I stated previously, I am in agreement as regards the views of the child being regarded prior to the HSE taking steps under this section. However, section 3 of the Child Care Act 1991, as amended, provides that in the performance by the HSE of its functions to promote the welfare of children, it shall, in so far as is practicable, give due consideration, having regard to the child's age and understanding to his or her wishes. Therefore, it is unnecessary to put this into section 23, as section 3 is an overarching provision.

In relation to involving the courts when the child is not consenting to the steps being taken by the HSE, the executive is charged with promoting the welfare of the child. Under section 23ND(b) of this Bill, the HSE "shall do what is reasonable subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child".

With regard to the question of involving the courts when a child does not consent to the steps being taken by the HSE, the HSE is charged with promoting the welfare of the child. Under section 23ND of the principal Act inserted by this Bill, the HSE "shall do what is reasonable, subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child". While I agree the child should be consulted, to include a statutory provision to involve the courts every time there was a disagreement could very well defeat the purpose of providing for special care. It must be remembered that children who are the subject of special care orders require care which addresses their behaviour and the risk of harm it poses to their lives, health, safety, development or welfare. For these reasons, I do not accept the amendments.