Seanad debates

Tuesday, 3 December 2013

Child and Family Agency Bill 2013: Committee Stage

 

6:25 pm

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

No. The UN makes a clear distinction. In Ireland, we use the term "paramount consideration" in our legislation on adoption, custody, access and guardianship. Nobody has any dispute about that. As I have said, Article 3 of the UN Convention on the Rights of the Child articulates that "the best interests of the child shall be a primary consideration" in other types of areas and issues that are encountered when one is dealing with a child. It is right that the issues listed in section 9(2) of this Bill are said to be "the paramount consideration". I am trying to bring the language used in section 9(1) into line with the language used in section 9(2). I suggest that the phrase "as a primary consideration", rather than "as the primary consideration", should be used in order to ensure the child does not get lost in this equation.

While I am not going to press this amendment today, I would like the Minister to examine general comment No. 14, which was issued by the United Nations Committee on the Rights of the Child earlier this year. It is really interesting. The UN committee is trying to ensure there is consistency of application in each of the state parties and, specifically, that there is a clear distinction between "the paramount consideration" and "a primary consideration". I am trying to ensure the language used in this Bill, which will be absolutely fantastic for Ireland, is consistent with the UN Convention on the Rights of the Child. As I have said, I do not intend to press the amendment I have tabled along with my group colleagues today. I ask the Minister to look at general comment No. 14.

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