Alan Shatter (Dublin South, Fine Gael)

Amendment No. 97 refers to the determination of the courts as to whether a person "provided assistance to any prospective adopter habitually resident in the State in relation to any legal matter that arose in the state of origin of the child concerned and relates to the effecting of the adoption in that state". Does this not again suggest that if a person is effecting an adoption outside the State and he or she seeks legal assistance in regard to any matter relating to it, then the person who provides that legal assistance will be criminalised? I am sorry if I do not understand it but this provision seems merely to be inserting the existing provision in a different place. It does not specify that giving legal advice will not be an offence. Rather, it seems to suggest that in determining whether one is guilty of an offence or not, the courts will have regard to whether one was giving legal assistance. By implication, giving legal assistance is an offence or is not an offence; I do not know what the intent is but I can certainly see this provision producing substantial litigation if anybody is ever prosecuted under it.

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