Oireachtas Joint and Select Committees
Thursday, 5 March 2015
Select Committee on Justice, Defence and Equality
Children and Family Relationships Bill 2015: Committee Stage
9:30 am
Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source
As I said at the outset, there was a good deal of discussion on this during the course of the Second Stage debate in the Dáil. Subject to some particular comments I want to make, I can accept the spirit of the amendment. These comments are, first, that the information on guardianship proposed in the draft subsection (5)(c) is specific in regard to a court application under the Guardianship of Infants Act 1964. It may put registrars in a difficult position if they are required to give information to new parents on possible adversarial processes.
I am keen that parents have information, but the information which should be provided is confined to the fact that the father is not a guardian unless he takes further steps. I also intend to provide for registrars to have the power to witness statutory declarations. They are not in a meaningful position to carry out any form of welfare or best interest test. Further work will be necessary before establishing a register or repository on the basis of guardianship declarations being made in a variety of places. On the basis of the commitment I am making to bring forward a Report Stage amendment, I ask the Deputy not to press the amendment.
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