Joanna Tuffy (Dublin Mid West, Labour) | Oireachtas source

A declaration cannot be signed by the father only. Although I do not agree with the way in which progress is being made in this Bill, progress is, none the less, being made. As a result of the new provision in relation to cohabitation, more fathers than would otherwise be the case will have guardianship rights. That is progress. As a result, more people and, particularly, more children will benefit. However, more needs to be done.

I am not opposed to the type of review proposed by Deputy Coppinger if the purpose of such a review would be to build upon the legislation. Any problems arising following enactment of the legislation will need to be looked at, but it will also be necessary to examine how we can build further on those rights. Many Deputies spoke about automatic guardianship rights. As I understand it, under the legislation, entry of the father's name on the birth certificate is conditional. It is important that protections be put in place in respect of particular situations. I understand the Law Reform Commission has made proposals in this area and that measures in this regard are in place in other countries. For example, in the case of a rape, the father's name would not necessarily be entered on the birth certificate and, therefore, there would be no automatic guardianship rights. Those are the types of issue that will need to be looked at.

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