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Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: Would it be possible for us to return to this amendment when I find my notes?

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: Okay. I am proposing an amendment to the definition of "relevant non-guardian" in section 3 of this Bill, which replaces section 3 of the Adoption Act 2010. The intention behind this amendment is to ensure grandparents, siblings and others who have played a significant role in the life of a child will be in a position to be considered if that child is being adopted. It is not difficult to...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: While I am reasonably satisfied with the Minister's response, I will examine the relevant section of the 2010 Act and return to the issue on Report Stage, if necessary.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: On section 4, two of my amendments have been ruled out of order. I understand and accept the reasons for doing so in the case of one of my amendments because it involves a charge on the Exchequer but-----

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I am speaking to the section.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I apologise; I am referring to amendments to section 9.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I move amendment No. 2:In page 8, between lines 7 and 8, to insert the following: "(3) Where Túsla does not consult with any of the relevant non guardians, it shall provide a written reason why it did not.". As the amendment is related to amendment No. 1, I will withdraw it pending further consideration.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: Yes.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I accept the decision to rule out of order amendment No. 4, which I understand involves a charge on the Exchequer. However, I do not agree with the decision to rule amendment No. 4 out of order. I am not sure if I should pursue the matter with the committee secretariat or the Bills Office. In any event, I will refer to one phrase used in the section about which I have a concern. The use...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I am sorry but I wish to make another brief comment. If the Minister is coming back with an additional amendment I will wait to see what it contains but I wish to tease out my point. To follow that to its logical conclusion then it is possible that there would be circumstances in which the court might decide it was not practicable to hear the voice of the child, despite the fact that the...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I move amendment No. 6:In page 11, lines 27 to 31, to delete all words from and including “the” in line 27 down to and including line 31 and substitute the following:“the child resides in the State, and”. Unfortunately I have left my notes behind. The amendments are related. There is somewhat of a difficulty in having such a sharp cut-off at the age of 18 in...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I have a few comments to make. The amendment does not relate to children. I accept all the points made about the best interests of the child and his or her protection and that is the primary purpose of adoption. To offer an analogy, this is similar to the importance of considering the welfare of the child after he or she ceases to be a child such as, for example, the importance of an...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: Yes, that is the primary reason, namely, if an adoption process had been set in train but was not completed.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I ask the Minister to give it further consideration.

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I do not believe that in legislation, we should just assume that because the authority is going to prioritise, it necessarily resolves it. That is a matter of administration, resources and capacity. Perhaps it has been successful thus far. This relates to legal rights and entitlements and the capacity and ability of the authority to show some flexibility. I will return to it on Report...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I move amendment No. 14:In page 17, between lines 9 and 10, to insert the following:"(7) The Minister shall provide by way of regulation for the circumstances under which this will apply.".". I wish to get a response from the Minister. It seems quite open-ended in respect of the provision, which states:The Authority, having regard to the particular circumstances of the case may accept an...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I move amendment No. 17:In page 20, between lines 18 and 19, to insert the following: "Insertion of new section 58A into Principal Act 26.The Principal Act is amended by the insertion of the following new section:"58A.A Child who has been adopted under the provisions of the Adoption Acts shall continue to be entitled to have access to his previous parents or guardians, or relevant...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I wish to tease this out a little further. I recognise that the birth parents no longer have any parental rights or duties but I am focusing on the rights of the child. The child has a past that cannot just be set aside. The fact that there appears to be no statutory right for the child is an issue. I am not necessarily thinking of the birth parents but other relatives with whom the child...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I accept what was said. I look forward to seeing the adoption (information and tracing) Bill. Generally, what we have been discussing arises where both people involved in any arrangement are adults. This is substantially about circumstances involving a child. In circumstances in which an adoptive parent, or, legally speaking, a parent, prevents a child who wants to visit a grandparent or...

Select Committee on Children and Youth Affairs: Adoption (Amendment) Bill 2016: Committee Stage (16 Nov 2016)

Donnchadh Ó Laoghaire: I am satisfied to withdraw the amendment in those circumstances. The primary point is on the recourse the child has in the aforementioned circumstances.

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