Aideen Hayden (Labour) | Oireachtas source

I would like to hear the Minister?s response to the amendment. It seems that Article 42A.4.1°(i) and (ii) are limiting in terms of the extent of the obligation that the best interests of the child should be of paramount consideration. Senator van Turnhout has mentioned a couple of instances, as did Senator Ó Clochartaigh, with regard to proceedings that are not so much brought by the State but to which the State is a party. I wonder why it would not be a good idea to include that. I am sure there is a good answer to this.

It also seems, with regard to Article 42A.4.1°(ii), that the inclusion of any other judicial matter concerning the child would be a wide extension of what is in the current article. Effectively, this provision limits the issues to adoption, guardianship, custody or access to a child. By accepting the amendment we would be extending it to any judicial matter concerning a child. Again, my first instinct is to say ?Why not?? Surely in any judicial matter relating to a child the paramount interests of the child should be the primary consideration. I am certain the Minister will have a very good response to the question but I can see what Senator Ó Clochartaigh is trying to achieve, which is to significantly broaden the remit of the amendment. I am sure Senator Mullen would take issue with such an approach, but coming at it from a different perspective, I can see where the amendment is going and I would very much like to hear the Minister?s views on it.