Dáil debates

Wednesday, 18 May 2016

Adoption (Amendment) Bill 2016: Second Stage (Resumed)

 

4:30 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

I congratulate Deputy Katherine Zappone on her appointment as Minister for Children and Youth Affairs. I listened with great interest to her opening remarks and welcome the opportunity to speak to the Adoption (Amendment) Bill 2016. The Bill is extremely complex and sensitive but for many adoptive parents and children who are adopted, it provides clarity on their legal rights.

Every one of us has heard stories about children being taken from their birth mothers without consent. This sad practice has been highlighted in many documentaries and films during the years. I am thankful that this practice has ceased, but, sadly, there are still many adults, some of whom I know from my community, who have never been able to reunite with their birth mothers. In the long run we should do as much as we can to help them.

The reaction to the Adoption (Amendment) Bill 2016 has been positive. Following its publication, two major children’s charities - Barnardos and the Children’s Rights Alliance - issued press releases welcoming it. Barnardos described it as "another crucial piece of legislation prioritising children". We all agree with this. The Bill was long awaited, yet it is now before us and I hope it will be passed soon. Both charities particularly welcomed the amendment on married parents and adoption. Under current law, married parents are prohibited from placing a child for adoption. This has created obstacles for many children whose parents are married but who are living in long-term foster or institutional care. The Bill removes this ban. It will ensure a child’s best wishes are central to each and every adoption case. That is important because we sometimes forget children do have a voice. The Bill is very clear in establishing that they will have a voice.

With the introduction of the Bill, a parent will continue to be the parent and the step-parent will be an adoptive parent. This will remove the requirement for parents to adopt their own child. This is a most welcome amendment addressing a bizarre set of circumstances that has been allowed to continue.

The Bill will allow civil partners and cohabitees the opportunity to adopt if they so wish. This is one aspect of the Bill that I most welcome. I really believe it is a step in the right direction. In my humble opinion, when one can give a child love, care and protection, one should be able to do so if one is a cohabitee or civil partner.

Another principal provision in the Bill includes allowing for a change of criteria under which the High Court can make an adoption order without parental consent in the case of parental failure. Many have spoken about parents who are just not able to rear their children. It is most essential that the provision in this regard be included in the Bill. It will allow us to act where parents are not able to really look after their children and where there is parental failure.

A family support model underpins the child protection and welfare system favoured in Ireland. A family, by definition, should meet a child’s emotional, intellectual, social, cultural and material needs. Where families, for whatever reason, cannot meet these needs, they are encouraged to seek help from the many support services available. Many such services are doing a wonderful job in communities and with families throughout the country. I commend them for the work they do.

Early interventions and long-term preventive action are recommended as the best ways to promote children’s welfare and protection. However, the interests and well-being of the child are of most importance. I spent a lot of time working with young children in voluntary organisations, youth clubs and community groups and was always aware when a child was in difficulty, or from a background in which the parents just might not have been able to manage. I was always inspired by the people who came to their assistance, be they from a voluntary or State agency. They still continue to do a great job in this regard.

Better Outcomes, Brighter Futures: the National Policy Framework for Children & Young People is the principal policy document for shaping the formation and delivery of State services for children across Departments. There are a number of goals identified in the framework, some of which are relevant to the Adoption (Amendment) Bill. First, the framework aims to assist and support parents in raising their families, fulfilling their role as primary carers, helping to achieve the best possible outcomes for their children and overcoming challenges or difficulties they may encounter. It makes specific reference to the role of the State in supporting children and young people in care.

Another goal is to listen to and involve children. The document recognises the importance of children. It gives due weight to their opinions and concerns. In the past, this was not the case. Many a time when children did speak out, whether in school or an institution, we did not listen. This is an opportunity to do so.

What we now need to do is to enact the Bill as soon as possible to give birth parents, adoptive parents and especially children a real opportunity to get on with their lives, such that children can continue to live in a family environment where there is love and care and emotional help when needed. I thank the Minister for introducing the Bill which I hope we will be able to enact as soon as possible.

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