Dáil debates

Wednesday, 13 February 2013

Ceisteanna - Questions - Priority Questions

Adoption Legislation

2:15 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

It is over three months since the electorate passed the children's referendum, on 10 November last. I would have hoped that by now we would have seen the publication of the necessary amending legislation to give effect to the wishes of the people in the new Article 42A.2.2°, which requires the State to put laws in place allowing for the adoption of any child, regardless of whether the parents are married to each other, where the conditions are clear and specified that the parents have failed in their duty towards the child for a period of time and where the best interests of the child require that adoption take place. That period of time is as yet unspecified. It is to be specified in law, so will the Minister clarify what is being considered in that respect? Article 42A.3 requires that laws must be passed to allow for any child to be adopted by being voluntarily placed for adoption by the parent or parents. These are important changes which the electorate supported and passed by a substantial majority last November. It is critical that this legislation is equally prioritised and fast-tracked, like the legislation I discussed earlier relating to the child and family support agency. Will the Minister give a more precise indication of how long she expects the continued preparatory work to take? That might be helpful.

The Minister indicated that consideration is being given to other areas which have not been clear heretofore. In fact, I highlighted to the Minister prior to the referendum some aspects of concern in adoption law that were not being provided for in the proposals put to the electorate in the constitutional amendment. Could she elaborate on what she is referring to and whether there is any linkage with the adoption (tracing and information) Bill which Deputy Joan Collins highlighted? Is there a link between what was proposed or planned in that regard and the current consideration of the proposed adoption (amendment) Bill?

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