Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I have dealt with the issue of cost several times. That has been my position for quite some time. I am not a constitutional lawyer, and nor is Deputy Shortall. We are both getting legal advice from lawyers. I take my advice from the Attorney General, and I must do that. I fully respect Deputy Shortall's position and no doubt she is getting expert legal advice on this. I have to take my advice from the Attorney General.

The Office of the Attorney General has been unambiguously clear about this. We can have no risk or challenge. Imagine we went with this amendment and the Attorney General was right. Some disaffected surrogate or partner could challenge the law and win. Where would we be? If that happened, it would put at risk every parental order that has been granted by the District Court. That is ultimately where we are at.

I would much prefer if the Attorney General said these cases could be dealt with in the Circuit Court, but the office has not said that. It has said we are severing a constitutional link, notwithstanding the points made by Deputy Shortall with which the Attorney General does not agree. We cannot have a situation whereby we go to the District Court and there is a successful challenge to the High Court and all of the parental orders fall. We have to go to the High Court. That is the advice from the Attorney General and that is what we are going to do. I and this Government will make sure that there is no question of any child or parent not being able to access the High Court on financial grounds.

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