Dáil debates

Thursday, 26 April 2007

Child Care (Amendment) Bill 2006: Report and Final Stages

 

1:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

This is a difficult area and clearly not every case will be the same. What we are trying to provide for is the right to apply. We are not determining the outcome. I take on board the point made by the Minister of State, but we should open the door to the opportunity. During the process of an application for a court order, the considered and well-based views of professionals will be taken into account and each case will be judged on its merit and on what is appropriate. We should open up the opportunity for a foster parent or relative guardian to make an application after three years. The five-year period as designated in the legislation is too restrictive. For all the reasons I already outlined, not least of which is the substantial period in the lifetime of a child, we are erring too much on the side of caution. We must have faith in the process to make the correct decision and we should reduce the number of years from five to three.

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