Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 14, line 3, to delete “a primary” and substitute “the paramount”.

This amendment relates to section 8 of the Bill, which sets out the guiding principles for Part 2. In section 8(2), it refers to the principle in subsection(1) and section 8(2)(a) refers to "proceedings of which the welfare of a child is involved or likely to be affected by the outcome ensuring that the best interests of the child are of primary consideration in the conduct of proceedings.". That is all very well but, to my mind, it conflicts with the constitutional framework set down in Article 42A4 of the Constitution which refers to it not being a primary consideration but the paramount consideration. I wonder if the Minister would consider whether this section does not conform with its constitutional overlord, if I can put it that way, or the primacy of the Constitution in that regard. Article 42A states that the considerations in cases just like this, the interest of the child should be paramount. It should not be a primary consideration, but paramount and that is why I am seeking to amend "primary" to "paramount".