Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 36:

In page 25, to delete lines 29 and 30.

These amendments propose in section 23(1) to delete the specific reference stating: "The Authority shall not make an adoption order unless the child— (b) at the date of the application, is not more than 7 years of age,". The proposal is to delete that provision and substitute on page 25, line 45, which is section 24(2), an additional provision. Section 24(2) currently states: "Before making an adoption order under subsection (1), the Authority shall give due consideration to the wishes of the child, having regard to his or her age and understanding." The amendment proposed would state: "Where the child is over seven years of age, having regard to his or her age, maturity and understanding, the Authority would give due consideration to the wishes of the child."

The effect of this is to make express provision to ensure the wishes of children over seven have had regard to while removing what is an antiquated and unnecessary provision which simply reiterates a section in the Adoption Act 1952, which essentially prohibits the adoption authority from making an adoption order unless the child at the date of the application is not more than seven years old. It then allows, where the child is over seven, in particular circumstances that one can adopt a child over seven. I do not understand why we are just repeating what is an unnecessary provision inserted in the 1952 Act in legislation to be enacted in 2010. The proposal I have brought forward is a more sensible way of approaching the issue.

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