Katherine Zappone (Dublin South West, Independent)
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The Deputy’s amendment proposes to insert "a birth grandparent, siblings, or other blood relative, who has played a formative, active and beneficial role in the life of that child, as may be determined by the Authority" into the Bill’s definition of the term "relevant non-guardian". I would like to clarify for the Deputy that where such a person has guardianship rights in accordance with subsections (c) and (d) of the definition of "relevant non-guardian", they are already encompassed within the definition, and the Bill provides that they must be consulted on the proposed adoption of a child. Alternatively, these persons may have been appointed as a guardian under the Guardianship of Infants Act and in those circumstances their consent to the adoption must be obtained.

Where such a person does not have guardianship rights and responsibilities in respect of the child, he or she may, nevertheless, be entitled to be heard by the authority in the context of an application for an adoption order in respect of the child. Section 43 of the Adoption Act 2010 Act provides for the hearing of applications for an adoption order and sets out the persons who are entitled to be heard at such a hearing. The persons entitled to be heard include a relative and any another person whom the authority, in its discretion, decides to hear. This would clearly include a person in the category referred to by the Deputy. For these reasons, I do not propose to accept this amendment.