Seán Sherlock (Cork East, Labour) | Oireachtas source

I beg the Chairman's indulgence before the Minister replies. The other issue I have is the constitutionality of the legislation under Article 42A.4.1^o, which reads:

(i) brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or

(ii) concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.

I know that the Minister is acting in good faith in respect of this provision, but our fear is that the postcode lottery will be an issue. For instance, it is not always the case that a guardian ad litemmay be appointed. It depends on the judge and where he or she sits. It is at the judge's discretion. This is an issue that has been-----