Jillian van Turnhout (Independent) | Oireachtas source

Having looked at the amendment, and being very conscious that the Cathaoirleach is keeping us to the amendments, if we consider the Dáil debates last week and the debate yesterday, speakers cited the Kilkenny, Roscommon and child death review group reports.

The provision in the current wording and, equally, in the Sinn Féin amendment will not remedy the failure of the State to act on the concerns of family members or extended family members. That is an area on which we need to work. We are told that ?provision shall be made in law?; I hope this will be in the legislation that is introduced. The provision tells us we need to introduce legislation, but it does not limit us in what we do in the legislation. It says it must be done.

The other areas on which I have concern and on which we need to legislate that will not be covered are the Child Abduction and Enforcement of Custody Orders Act 1991 and the ability of the courts to take the voice of the child into account. The majority of children who come into care are outside of the court orders of the Child Care Act 1991. As they are in care under a voluntary arrangement, they will not necessarily be covered by the wording of the Constitution. Is it the case that they will be covered?