Barry Andrews (Dún Laoghaire, Fianna Fail)

In respect of amendment No. 10 in the name of Deputy Shatter, section 3 was brought forward from the 1952 Act, in which welfare was not defined. Thus, in the Bill before the House welfare will be interpreted in accordance with precedent and the rules of statutory interpretation. By not defining it, we are giving the term its ordinary and broadest meaning, which encompasses all aspects of the welfare of a child. Welfare is not defined in the Child Care Act 1991 or the Children Act 2001. It is, however, defined in the Guardianship of Infants Act.

I reiterate the point I made on Committee Stage in respect of Deputy O'Sullivan's amendment, namely, that section 19 relates to making arrangements for the adoption of a child or for the recognition of an inter-country adoption outside the State after the decision has been taken by the child's birth parent or guardian that he or she is to be adopted so the placement has occurred and the adoption is now being sought. In these circumstances, a child's parent or guardian will have already made the decision that his or her best interests are served by his or her being placed for adoption. For that reason, the amendment cannot be accepted.

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