David Cullinane (Sinn Fein) | Oireachtas source

I second the amendment, which is somewhat related to the previous two amendments that we have discussed and the broader issue of the best interests principle. It can be taken as a given that we all welcome the explicit inclusion of the best interests principle in the Bill. Barnardos and those who tabled this amendment agree that the Bill could be strengthened to ensure that Ireland was compliant with the UN Convention on the Rights of the Child. The Minister responded to Senator van Turnhout's point, but it relates to sections 9(1) and 9(2). The language in the former, "have regard to the best interests of the child", is considered to be too weak by Barnardos when situations have competing or conflicting interests, for example, family members or external agencies. Professionals in the agency must be instructed to give a high priority to a child's best interests in these situations.

We have seen from a number of recent reports that there can be competing and conflicting interests. The amendment would strengthen the Bill. Section 9(2) should be more explicit and the Bill must recognise that the agency will be working with children and families in a wide range of settings under the legal framework of the 1991 Act. This issue has been highlighted to us by Barnardos. I ask the Minister to respond to these concerns. Does she believe that the amendment would strengthen the Bill?