Results 3,841-3,860 of 20,459 for speaker:Frances Fitzgerald

Written Answers — Department of Children and Youth Affairs: Inter-Country Adoptions (2 Oct 2012)

Frances Fitzgerald: Adoptions from Russia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013. As regards adoptions thereafter, Russia has not ratified the Hague...

Written Answers — Department of Children and Youth Affairs: Departmental Staff Rehiring (2 Oct 2012)

Frances Fitzgerald: I can confirm to the Deputy that no retired civil or public servant has been rehired or retained by my Department.

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Second Stage (2 Oct 2012)

Frances Fitzgerald: We are here to discuss the Thirty-First Amendment of the Constitution (Children) Bill 2012, a Bill that will move the position of children onto a new plane as regards recognition of the unique qualities and vulnerabilities of childhood and adolescence and reflect this in constitutional change. Few changes matter as much as this one. Much of what we do in these Houses is about legislation...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Second Stage (2 Oct 2012)

Frances Fitzgerald: I thank all the Senators for their contributions. We have heard a wide range of contributions and a huge amount of personal experience shared across the House. The contributions have been thoughtful and insightful. I will deal with some of the particular issues on the legislation on Committee Stage tomorrow and I will confine myself to fairly general remarks at this point. I was struck by...

Written Answers — Department of Children and Youth Affairs: Foreign Adoptions (3 Oct 2012)

Frances Fitzgerald: A delegation from the Adoption Authority of Ireland (AAI) made an official visit to the US State Department in Washington on 30th March 2012. The AAI reported that meeting was very positive and productive for both sides. Subsequently a Memorandum of Understanding relating to intercountry adoption between Florida and Ireland, drafted by the AAI, was transmitted to the US State Department in...

Written Answers — Department of Children and Youth Affairs: HSE Expenditure (3 Oct 2012)

Frances Fitzgerald: My Department has sought the information requested by the Deputy from the HSE and I will provide the Deputy with the information as soon as it is received.

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I thank Senator David Cullinane for moving the amendment. I welcome Sinn Féin's stance on the constitutional amendment and acknowledge the work Deputy Caoimhghín Ó Caoláin has done for many years. He has played a sterling role in the development of the committee's work, ensuring children remain central to our considerations and building all-party support for the amendment. A couple of...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I accept Senator Cullinane's point that those of us who support the referendum should be comfortable debating it and dealing with any concerns. As I said yesterday a number of times - probably too many times - we have a duty to go out and inform people. They need to be informed. The referendum is only on one page and is small when compared with the 20 pages of the stability treaty. We are...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I beg the Senator's pardon. I did mean to respond to his points. I agree with the point that he made on identity. The Government will introduce legislation and there will be a change in the registration Act to ensure that fathers are named on birth certificates. I have never understood why they are not because they should be. Only in exceptional cases will a father not be named on a...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: A stable childhood is the very best thing one can offer any child. However, it is realistic to point out that families do run into difficulties. The State is doing a lot to support those families. In recent years in particular, significant funding has been put into counselling services. While there are waiting lists for these services in some places, there has been a significant increase...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I thank Senators for their contributions on the amendment. I am happy to give as much information as possible on this matter. I hope this information will be of assistance in the context of people understanding the approach we have taken to this article. My first point relates to children being taken into care. It is important to lay down a marker to the effect that the State is not...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: -----that it was long past time we highlighted the rights of children . He also referred to the type of balancing we are seeking to bring about. Senator Mullen referred to physical and moral considerations. As Senators are aware, the term "physical and moral reasons" is contained in the existing version of the Constitution. If we included reference to physical and moral considerations in...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I thank the Senators for their contributions. I have stated that the policy intent is not to change the threshold but to create a focus on the child. It must be clear as well, of course, that the framework of the Constitution must be further defined by law, and it is. I want to comment on this notion of intervention by the State as being something that, if one likes, happens in a way where...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: Article 42A.2.2° provides for making lawful the adoption of any child where the parents have failed for a period, as may be prescribed by law, in their duty towards the child or where the best interests of the child so require. Members will be aware that I have published the outline of the adoption legislation that will accompany the referendum. I did that because people would want to know...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (3 Oct 2012)

Frances Fitzgerald: I thank Senators for their comments on this amendment. I am satisfied that it is not required and I do not agree with Senator Mullen's analysis. The net point is that failure is established and this is agreed. If we consider the two subsections, we can see that Article 42A.2.1°, concerns parents who fail in their duty whereas Article 42A.2.2° concerns making provision "by law for the...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages (3 Oct 2012)

Frances Fitzgerald: We have had a fairly long discussion on this, but I will summarise again the points I have already made today in this regard. The provision as worded and the position outlined make a clear link between failure and any provision in law for the involuntary adoption of children. We are all agreed on the point that failure must be established. I am satisfied that the failure is as set out in...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages (3 Oct 2012)

Frances Fitzgerald: They will, under care proceedings.

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages (3 Oct 2012)

Frances Fitzgerald: This amendment proposes that the best interests of the child should be the paramount consideration. This intention of "best interests" was also contained in the proposal from the Oireachtas Joint Committee. In Article 42A.4.1° we have outlined in a very specific way where proceedings can be brought by the State as the guardian of the common good. I have outlined this in such detail in...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages (3 Oct 2012)

Frances Fitzgerald: Yes. The question of the views of the child being taken into account was noted a number of times. The proposed obligation to give due weight to the views of the child is a new obligation at constitutional level and "due weight" is an important part of that, meaning not only hearing the child's views but giving them due weight. A number of Senators, including Senators van Turnhout and...

Seanad: Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages (3 Oct 2012)

Frances Fitzgerald: Another point I would make in respect of these two provisions, which relate to the best interests and the views of the child, is that in framing them we used the term "shall". This may not seem that significant but when one considers the Constitution in general - I accept that we could be criticised in this regard - using that word creates a strong imperative in the context of the best...