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

I move amendment No. 50:

In page 37, between lines 18 and 19, to insert the following:"References in enactments to guardians appointed under section 6C or 6E

41. The Act of 1964 is amended by the insertion of the following section after section 2:

References in enactments to guardians appointed under section 6C or 6E

2A.(1) Subject to subsection (2), a reference in a provision of an enactment specified in section 6C(12) to a person who is a guardian of a child pursuant to this Act shall include a reference to a person who is appointed as guardian of the child under that section if the court so appointing the person orders that he or she is to enjoy the rights and responsibilities of a guardian under the provision concerned.

(2) Subsection (1) shall apply subject to such limitations (if any) as may be specified under section 6C(9) in the order of the court under that section appointing the person concerned as guardian of the child concerned.

(3) A reference in a provision of an enactment to a person who is a guardian of a child pursuant to this Act shall, in the case of a temporary guardian appointed under section 6E, be construed subject to such limitations (if any) as are imposed under subsection (6) or (11) of that section on the exercise by him or her of the rights and responsibilities of a guardian under the provision.".".

I indicated on Committee Stage that certain additional references to "guardian" in other legislation would need to be restricted in relation to a guardian appointed under sections 6C or 6E of the 1964 Act, as proposed to be inserted by section 45. These amendments impose those additional restrictions unless the court expressly orders otherwise. For example, a step-parent guardian is not intended to have the right to authorise the taking of samples from a child in the context of possible criminal proceedings against the child, unless the court has conferred full rights of parental guardians on that step-parent. These are measures for better protection of the child in difficult circumstances. The rights of a temporary guardian are restricted in this way only if the court expressly provides, because in circumstances in which a temporary guardian is in place, the child has no parental guardian capable of exercising guardianship responsibilities in the interests of the child.

See this speech in context