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Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Ivana Bacik: I support Senator Fitzgerald in this amendment. I cannot remember but I think I spoke already on this to support her and in that case I will not say any more. It is an important amendment and like Senator Fitzgerald, I would like to hear the Minister of State's response.

Seanad: Garda Síochána Ombudsman Commission: Motion (10 Mar 2009)

Ivana Bacik: With the permission of the House, I wish to share my time equally with Senator Hannigan.

Seanad: Garda Síochána Ombudsman Commission: Motion (10 Mar 2009)

Ivana Bacik: Perhaps the Leas-Chathaoirleach will tell me when I have reached seven and a half minutes. I welcome the Minister of State to the House and the opportunity for this debate. I support wholeheartedly the appointment of Dermot Gallagher as chair of the Garda Síochána Ombudsman Commission. Members today are focusing on policing and on police practices as they reflect on the brutal murder of...

Seanad: Order of Business (10 Mar 2009)

Ivana Bacik: Like other colleagues, I join in expressing my outright condemnation of the brutal murders in Northern Ireland over the weekend and yesterday, and I express my sympathies to the families of those killed and injured in such a horrible way. We all thought we had gone back in time when we first heard the news. I heard it late on Saturday night and thought I was listening to an archive...

Seanad: (4 Mar 2009)

Ivana Bacik: I know time is against us, so I will make a few brief points. I fully support this amendment, which adds greatly to the tenor of this section of the Bill. I hope the Minister of State can accept it.

Seanad: (4 Mar 2009)

Ivana Bacik: I thank the Minister of State for his considered comments on this matter. Like Senator Norris, I do not propose to divide the House in respect of my amendment. Rather, I wish to reserve my right to do so on Report Stage on the basis that the Senator and I have agreed to draft a composite amendment that will seek to address the clear discrimination that exists against same sex couples and to...

Seanad: (4 Mar 2009)

Ivana Bacik: A saucer of milk is more like it for some people.

Seanad: (4 Mar 2009)

Ivana Bacik: I did not mention statistics.

Seanad: (4 Mar 2009)

Ivana Bacik: On a point of order, is this relevant to the amendments we are debating?

Seanad: (4 Mar 2009)

Ivana Bacik: I propose, as I have done throughout this debate, to be concise and to keep my comments directly relevant to the amendments we are discussing, which were tabled by me and Senator Norris. Like Senator Healy Eames, I welcome the Minister of State's point that same sex-couples are currently fostering children. We allow single people to adopt, as indeed we should. I am glad we do not confine...

Seanad: (4 Mar 2009)

Ivana Bacik: For which we are truly grateful.

Seanad: (4 Mar 2009)

Ivana Bacik: One had to apply to the District Court.

Seanad: (4 Mar 2009)

Ivana Bacik: I understand that but I have carried out the procedure on behalf of two children. The Minister of State is correct that the right is particular to natural fathers. A separate issue arises where the mother does not consent to the natural father being named as a guardian, regardless of whether he is on the birth certificate. An application to the courts is required in the latter instance but...

Seanad: (4 Mar 2009)

Ivana Bacik: I will have to check that.

Seanad: (4 Mar 2009)

Ivana Bacik: The Minister of State may be correct. In any event, we are not discussing a birth parent in the context of the Bill before us. I am pointing out that a clear procedure exists in law whereby the natural mother consents to somebody else being a joint guardian with her. I do not expect the Minister of State to commit one way or another now but I ask him to consider a procedure for swearing a...

Seanad: (4 Mar 2009)

Ivana Bacik: I do not wish to prolong the debate on this but I did check Jeffrey Shannon's excellent book which contains no reference to the natural father needing to be named on the birth certificate. Clearly, however, he must be the natural father for the statutory declaration to be made. If an issue arose, proof would be required that he is the natural father because the right attaches only to the...

Seanad: (4 Mar 2009)

Ivana Bacik: The general theme behind these amendments tabled by the Labour Party requires greater consideration. It is incumbent upon us to ensure the natural father has particular rights prior to a child being placed for adoption. The problem with the amendments, and in particular amendment No. 6, is that they are far too rigid in terms of the role they provide for the natural father. Also, they are...

Seanad: (4 Mar 2009)

Ivana Bacik: On a point of order, there is a later provision that does exactly what Senator Mullen says. Section 17(2)——

Seanad: (4 Mar 2009)

Ivana Bacik: It clarifies the point.

Seanad: (4 Mar 2009)

Ivana Bacik: Section 17(2) continues the current regime where in fact "the accredited body before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father". There is provision to consult the father. There is a separate provision about which I spoke——

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