Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I also commend the Minister on bringing this extremely important and progressive legislation to the Chamber. I also commend her predecessor, Deputy Shatter, whom I listened to previously and who I know was and still is extremely invested in this. It is important to state at this stage that this Government has placed more emphasis on and done more to protect the rights of the child than any other Government. Following the general election in 2011, a specific Department of Children and Youth Affairs was set up by Fine Gael and Labour and I acknowledge the work that the Minister did when she started the Department and during her period as Minister for Children and Youth Affairs, work that has been taken up by the current Minister, Deputy Reilly. Although the turnout in the children's rights referendum, which was held on 10 November 2012, was disappointingly low, the majority of people voted in favour of the proposal and it was a proposal that undoubtedly put children first.

The purpose of this Bill is to reform and update family law and safeguard the welfare, safety and best interests of our children so, again, it is about putting our children first. The last legislation regarding guardianship of children living in diverse families was the Guardianship of Infants Act 1964, so we are talking about legislation that was created 50 years ago. As we all know, a lot has changed in 50 years, particularly when we are talking about the make-up of a family. We need to modernise the law relating to children living in diverse family forms and I am happy this Bill will address and provide not just for guardianship but also for parentage, custody and access across a range of family situations which are currently not being addressed by older regulations or legislation.

I am also pleased that the Bill caters for children being parented by same-sex couples or those who have been born through donor-assisted reproduction. At the same time, I do not think this Bill is trying to change the fact that, where possible, a child should be brought up by their birth mother and father. However, life is not so black and white and the sooner we realise that and can cater for different families, the better. There are children who are being brought up by a mother and father who are husband and wife but there are also children who are being brought up by single parents, grandparents or other family members, and we need to make sure that regardless of the make-up of the family, the child is in a caring and safe environment and all their needs are met.

The Bill clearly sets out who can apply for guardianship in respect of a child. It obviously enables a relative to apply for custody and, when relationships break down, it enables grandparents and other relatives to have easier access to children. This is extremely important because I have seen how when a relationship breaks down, there are often side effects that the parents often do not see. I am glad the Bill addresses that.

The issue of maintenance is addressed in respect of the child and a civil partner or a parent's cohabiting partner where that person is a guardian. While the legislation cannot compel a person to pay - when it gets to that stage, it goes to court - it forces us to take on this issue of liability in a much stronger manner.

The Bill also enables a wider range of unmarried fathers to become guardians, but I must say that I agree with Deputy Eoghan Murphy in respect of requiring the father to live with a partner for 12 months, three of which must be after the child's birth. If a person does not show any interest in their child and does not care for them or support them, they should definitely not be given guardianship, but I would question requiring fathers to live with a partner. Perhaps this could be looked at.

The face of adoption has changed in recent years. Last year, fewer than 100 children were adopted in Ireland. Twenty or 30 years ago, that number would have been drastically higher. The reason for that is because society has changed its attitudes to young mothers and unmarried couples. There are far more supports in place and religion does not have the same hold on people as it would have had then. Even with that change, however, I know many people seem to have reservations about one aspect of the Bill, namely, the amendment to the Adoption Act 2010. This would allow for the extension of its provisions to civil partners and cohabiting couples. There has been a lot of debate recently about whether gay couples should be allowed to adopt. Nobody has an automatic right to adopt. There are many families which on the outside look like typical conventional families where the parents are married, have children and live in a nice house, but that does not automatically mean they live in a happy household. It does not automatically mean that the children are being looked after in the manner they should be looked after but because of how the world works and because a man and a woman can create a baby, the situation is sometimes challenged. I think we need to challenge that more. People who want to adopt, regardless of whether they are gay or straight, in a couple or single, must sometimes go through years of interviews and background checks.

They have to jump through all sorts of hoops to show that they are good parents and will provide for the child. When speaking about adoption we are speaking about the best environment for a child and so sexuality should not be an issue.

There are many aspects of this Bill that could be touched on. It is extremely complex legislation. The interests of the child are paramount and the welfare of the child is a necessity. It is important we are all in agreement when this Bill passes through the Dáil.

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