Brian Lenihan Jnr (Dublin West, Fianna Fail)

We must reflect on this issue and be careful in our debate on the referendum. I agree with Deputy Durkan that the rights and authority of parents under the Constitution must be safeguarded and respected. This is not a matter of a block transfer of rights.

Several Deputies referred to difficulties that have arisen with social workers in other jurisdictions. We must proceed with great care in this area because a balance must be struck. The leaders of the other parties will discuss that balance with me.

I have addressed the question of the Supreme Court decision raised by Deputy Lynch. She turned to the question of access rights and the importance of grandparents in that context. Recent legislation has recognised the potential role of grandparents and I assure Deputy Lynch that section 37 of the Child Care Act 1991 respects that position and provides that, when a child is in the care of a health board, the board shall "facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of the board, has a bona fide interest in the child".

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