Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I refer the Deputy and the House to page 10 of the Bill as amended on Committee Stage. The definition of "family" included in the Bill is "spouse, parent, grandparent, step-parent, child (including a step-child), grandchild, brother, sister, half-brother, half-sister, and any other person who, in the opinion of the Agency, has a bona fide interest in the child". The Deputy will agree this is a very encompassing definition of family, and it is one I am very pleased to have in the Bill. This definition is what must be borne in mind when one examines section 8(1)(c).

Section 8(1)(c) is sufficiently broad to capture the intent of the amendment proposed. It is important to note the definition of "family" already in the Bill is broader than just parents and guardians. We must take full account of the definition of "family" in section 2. The insertion of "the role of parents or guardians therein as integral to the achievement of paragraph (b) above" does not add anything to create or recognise a specific role for parents or guardians in supporting and promoting the development, welfare and protection of children. This is also provided for under the Constitution. We already have a very broad definition that is intended to apply throughout the Bill. The legislative framework and other legislation relating to the function of the agency are all framed and found in the constitutional commitment to the family.

The Deputy's amendment would narrow the broad definition already in the Bill. Such a provision is not required to underpin the role of parents, as any statutory provision is to be interpreted within the constitutional framework. The definition in the legislation is clearly spelled out. When we discussed this on Committee Stage some Deputies recognised that the definition in the legislation is already very broad and encompasses the points made by Deputy Ó Caoláin.

See this speech in context