Alan Shatter (Dublin South, Fine Gael)

I suspect that we should bring this procedure to an end by accepting the Government's amendments. We could then all go home and not waste the public's time or our time for that matter.

The Minister of State's explanation is that because it never occurred to anyone to define, in the 1952 Act, the concept of welfare, we will not define it in 2010. That is the totality of his explanation. Somebody thought of doing it in 1964, some 12 years after the original legislation was enacted. Whomever was responsible for drafting what became the Guardianship of Infants Act 1964 could have stated that the concept of welfare was not defined in 1952 and asked if there was really a need to bother framing such a definition at that point. It was important that someone bothered to arrive at a definition because the Circuit Court, the High Court and the Supreme Court handed down a series of judgments on how the concept of welfare should be applied under the 1964 Act.

Section 19 states:

In any matter, application or proceedings before—

(a) the Authority, or

(b) any court,

relating to the question of the arrangements for the adoption of a child, for the making of an adoption order or for the recognition of an intercountry adoption outside the State, the Authority or the court, in deciding that question, shall regard the welfare of the child as the first and paramount consideration.

The Minister of State indicated that welfare has not been defined because it is a broad concept and that the matter will be left to the courts to decide according to case law. I challenge him to supply the definition the courts have attached in case law to the concept of welfare under adoption legislation. Is it any different to that provided under the Guardianship of Infants Act 1964? Has some unique, broader concept been invented by a judge? That would be an interesting explanation to receive.

The concept of welfare that I propose to be included in the Bill is consistent with our existing statutory provisions. In addition, it gives a recognition to the emotional welfare of a child. That is important in the context of determining issues-----

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