Seanad debates

Friday, 27 March 2015

Children and Family Relationships Bill 2015: Committee Stage (Resumed)

 

10:30 am

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

I will take up the last point made by Senator van Turnhout first. These amendments would make it mandatory for the Minister to make regulations concerning experts to be appointed to convey a child's views to a report on a question affecting the welfare of that child. I will reply to amendment No. 63 presently but I wish to make this point. I assure Senator van Turnhout that, in consultation with the Minister for Children and Youth Affairs, I will be making these regulations. However, there are clear parliamentary drafting norms and provisions about make making regulations and they are invariably or almost always couched in permissive rather than directive terms. I hope Senator van Turnhout will accept my point to the effect that we will be making those regulations.

I have not made mandatory the appointment in respect of the views of the child. This is because in certain circumstances a child of a certain age of maturity may express his or her views directly rather than have those views mediated through an expert. In the relevant subsection (3) I have set out the issues that the court must consider in deciding whether to appoint an expert. The proposed section 32(3)(e) refers to whether the making of the order will assist the expression by the child of his or her own views in proceedings. I take the point Senator van Turnhout has made in respect of the children's referendum and the associated implications, whenever that will be dealt with. However, I believe the provision as it stands is fit for purpose and will enable the court to make the proper and necessary assessment of whether the appointment of an expert is required.

I thank Senator van Turnhout for the point she made about the best interests. This is the first time that we have a clear definition in legislation as a guide.It is not intended to be exhaustive. The courts will take other points into account but it does provide a set of criteria as to how the court will determine the bests interests of the child.

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