Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I thank Deputies Ó Laoghaire, Jan O'Sullivan and Rabbitte for their comments. They have all referred to the discussion of this issue on Committee Stage which was very thought-provoking. I promised to think about it again and I have thought done so. I will outline some of my reflection subsequent to that. The rationale Deputy Ó Laoghaire provided in his amendment, largely on Committee Stage, related to a concern about there being a delay in the process. On this Stage the Deputy has amplified some other aspects, not only related to a delay in the process, and I will also deal with those aspects, but I will first address the delay issue.

The proposed amendment would allow for the adoption of person over the age of 18, as the Deputy is aware. The primary purpose of the Adoption (Amendment) Bill 2016 is to give effect to Article 42A (Children) of the Constitution in so far as it relates to adoption. en applications for an adoption order were received by the Adoption Authority in 2015 where the child was due to turn 18 years of age in 2015. All of those applications were finalised and adoption orders were granted in 2015. In 2016 to date, ten applications have been received for children turning 18 years of age in 2016. All of those applications have also been finalised and adoption orders have been granted. Currently, the Adoption Authority has no outstanding applications received in 2016 where the child will turn 18 yers of age in the 2016 calendar year.

As I explained on Committee Stage, priority is given by the Adoption Authority, the Child and Family Agency and the courts to cases where a child is older to ensure the adoption process is completed before the child reaches the age of 18. I am not satisfied that a provision in this regard in the Bill is required. On this basis I do not propose to accept this amendment.

I would like to add a few points as what I have said is largely is based on the rationale of whether there could be a potential delay in the process. As I indicated, and this is new information, that has not happened in 2015 and it is not happening in 2016. As I also indicated, it would be a major policy change for us to accept this amendment in the context of a Bill when there is no evidence that it has ever happened and that is still the case.

Having acknowledged a concern about there being a delay in the process, to pick up on Deputy Ó Laoghaire's point it is a process that should be thought through and enough time should be given for that. Even if there is a shortened period involved, the adoption process can move forward and has moved forward. I would like to believe that we make law that encourages, as the Deputy said, people to think through the serious issue of adoption. In terms of some of his other arguments that significant things can change in terms of entitlements and so on for the person - a child or a young person who is just past the age of being a child - who could potentially be adopted, these are serious matters.

Given that, we need to support and make law to encourage those people who are thinking about becoming legally part of a family to make those choices for all of the reasons that this would entail and they would require sufficient time to do that, as distinct from that process being narrowed to issues of entitlement or tax relief, which I know the Deputy was not implying. I am answering his points in a fulsome way while on the one hand, acknowledging that this is not something that should be quickly done and, on the other hand, pointing out that even when there may be less time in some cases when children begin the process of adoption, we still do not have any cases where they are not prioritised and enabled effectively to become part of a family.

Given the concern expressed by Deputies Jan O'Sullivan, Rabbitte and Ó Laoghaire in terms of the age process, and even though this has never happened previously and I do not believe it would happen given the law we are crafting with this Bill, I would be willing to offer - I believe this would be a good measure and this demonstrates the additional thinking and research we have done - that in accordance with section 110 of the Adoption Act 2010, I can and I will request the Adoption Authority in preparing its annual business plan to consult with Tusla and to prepare plans to ensure that all adoption applications are assessed and completed before the adoptee's 18th birthday. The best interests of the child is always paramount in that regard.

See this speech in context