Jillian van Turnhout (Independent) | Oireachtas source

I have tabled amendment No. 8 which is quite similar. The points I raise refer to both amendments. On Committee Stage last Tuesday, I outlined to the Minister why I consider this amendment important and I explained general comment No. 14. from the CRC. I will not repeat what I said then. The general comment was by the Committee on the Rights of the Child on the right of the child to have his or her best interests taken as a primary consideration. The UN has sought to ascertain how state parties who have signed and ratified the convention can uphold exactly what is meant by the best interests of the child as a primary consideration. In that context, the main objective of the general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or in some cases the paramount consideration. I believe we have dealt appropriately with the paramount consideration within the Bill, but today we are dealing with "a primary consideration". The general comment goes on to state that each state party must respect and implement the right of the child to have his or her best interests assessed and taken as a primary consideration, and is under the obligation to take all necessary, deliberate and concrete measures for the full implementation of this right.

I hope the Minister accepts one of the two amendments. In 1998, when the UN Committee on the Rights of the Child had its concluding observations on Ireland's hearing in respect of its upholding of the UN Convention on the Rights of the Child, recommendation No. 25 stated:

In view of the fact that the Convention can only be referred to before the courts as a means of interpretation of national legislation, the Committee recommends that the State party take further steps to ensure that the Convention is fully incorporated as part of the domestic law, taking due account of its general principles as defined in article 2 (non-discrimination), article 3 (best interests of the child), article 6 (right to life, survival and development) and article 12 (respect for the views of the child).

In the committee's second hearing in 2006, and I was there for it, it made further recommendations with regard to the best interests of the child. I remind Members that these are the concluding observations after reviewing the Irish State and its upholding of the UN Convention on the Rights of the Child. In point No. 22 of its concluding observations the committee said: "The Committee notes that steps have been taken in some areas to ensure respect for the best interests of the child, yet remains concerned that the principle is still insufficiently addressed". In point No. 23 it said:

The Committee recommends that the State party: (a) Ensure that the general principle of the best interests of the child is a primary consideration without any distinction and is fully integrated into all legislation relevant to children; and (b) Ensure that this principle is also applied in all political, judicial and administrative decisions, as well as projects, programmes and services that have an impact on children.

I believe the Minister's and my intentions are the same. What we are seeking to do here is provide the opportunity to adopt the convention's language. I believe establishing the child and family agency is ground-breaking. We can be world leaders. Why not use the language of the UN Convention on the Rights of the Child to bring us absolutely into line? It is not only appropriate but also our obligation. Ireland has ratified the UN Convention on the Rights of the Child and we ask that the convention's language be used, that is, the best interests of the child as a primary consideration. When Ireland is next before the committee it will be highlighted by the committee if we do not take this opportunity to incorporate this language. As I said, it does not change the intention of the Bill, but the UN committee has twice advised us on this issue and earlier this year it issued a general comment which deals extensively with the best interests of the child as a primary consideration. I hope the amendment is accepted by the Minister.