Jan O'Sullivan (Limerick East, Labour)

Barnardos was certainly of the view that the position in this regard was not laid out in sufficiently clear terms in the legislation. I share that view. I am not a legal expert but the position would be much clearer if the amendments, as proposed, were accepted. One hears of many situations where, for one reason or another, children travel outside the State. The courts have the responsibility for protecting the rights of children and there should, as a result, be absolute clarity in respect of the authority of the courts in this regard.

I do not understand why the Minister of State cannot accept an amendment which would make this matter clear beyond all reasonable doubt. I accept his statement to the effect that the legislation implies the position. However, I am of the view that legislation - particularly that of the type before us - should make matters crystal clear. There cannot be any doubt whatever with regard to the meaning of the legislation. If such doubt exists, then the interpretation of the legislation will be argued about in individual court cases. That is not what we are seeking in the context of the rights of children. We must ensure that such rights are clearly laid out in legislation passed by this House.

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