Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages

 

5:05 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Yes. The question of the views of the child being taken into account was noted a number of times. The proposed obligation to give due weight to the views of the child is a new obligation at constitutional level and "due weight" is an important part of that, meaning not only hearing the child's views but giving them due weight. A number of Senators, including Senators van Turnhout and Hayden, spoke about the potential of legislation in this area. It is a practice issue and we are leading the way in terms of ensuring the views of children are taken into account. I refer to Comhairle na nÓg, student councils and a series of ways in which this is the practice in this country. Considered internationally, we are doing very well in this regard and although we have a way to go there is much good practice. We need to build on that. From now on it should be feasible to build this in as a principle in the legislation that comes before us in a variety of areas, particularly when constitutional weight is included. There is a lot of scope there, there is much participation by young people and we are currently funding youth work throughout the country to the tune of approximately ¤65 million. Given the projects young people are involved in - I am sure Senators are familiar with them - there is enormous participation in dealing with homophobic attitudes, mental health issues and general citizenship. There has been an explosion of interest by young people in all those issues and they are very actively involved in every county, as far as I can see. Although we are limiting the rights of the child's voice to be heard in judicial areas, at a practical, administrative and day to day level that is something that can be developed easily without the need for the constitutional provision. Nevertheless it is there and can be developed further in legislation.

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