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

Where any individual proceeding is being taken under the Child Care Act or the Adoption Act, the agency is already required to uphold the best interests principle. Section 23 of the Child Care Act is explicit in this regard and covers any action of the agency in the context of fulfilling its function under the Act, for example, arrangements in respect of the adoption of a child under section 6. As the Senators appreciate, the consideration of best interests in court-related proceedings is a matter for the relevant court or decision making body.

Under section 24 of the Child Care Act, where a proceeding is before a court in respect of the care and protection of a child, the court, having regard to the rights and duties of parents, whether under the Constitution or otherwise, shall have regard to the welfare of the child as the first and paramount consideration. Where there is a conflict of interest such as those to which Deputy Cullinane referred, the best interests principle is in place and is repeated in this legislation.

Section 19 of the Adoption Act states:

In any matter, application or proceedings before--(a) the Authority, or
(b) any court,relating to the question of the arrangements for the adoption of a child ... or for the recognition of an intercountry adoption ... shall regard the welfare of the child as the first and paramount consideration.

This legislative provision also covers the agency's provisions. Where difficult decisions are being made on balancing rights, the first and paramount consideration is captured in legislation. The agency must abide by this.

I am satisfied that section 9 of the Bill has the intended effect of creating a child-centred approach to decision making while restating the specific requirements for paramountcy in certain specified processes, those being, cases in which decisions are made under child care legislation about interim or emergency care orders, adoptions, etc. The principles in last year's referendum have also been captured. I see no reason to restate provisions relating to proceedings before a court or the Adoption Authority of Ireland in the Bill. As such, I cannot accept the amendment.