Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

That is exactly it. We are setting up a system whereby people have a pre-agreement from the authority that sets out the criteria in law that people must meet. Having met those criteria and coming back, this amendment does not come into play because the court will say that a person has met all the criteria. Remember, the best interests of the child are already in the Bill. The only time that I can see that this amendment comes into play is if people think they are simply not going to meet the criteria. They see they will not get a pre-parental order because they cannot get one as they do not meet the criteria but then they decide to go ahead anyway. What this would do is allow the judge to say the person did not have pre-agreement and, by definition, has not met the criteria but is proceeding anyway. It is the question of whether it supersedes all of the other criteria. The only time this comes into play is for somebody who does not get pre-approval. I really need to send out a message that we are not in the business of bypassing the pre-approval. People have to have pre-approval. If they do not get it, they should not proceed. If they do so regardless - and we cannot stop people - they will not be able to go to court and request a parental order. It is for exactly that reason. I understand the good intent of the amendment but it is only a question of whether it can supersede everything else.

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