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Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: To return to the inclusion of a no-contact veto provision, rather than having both sides looking for information on contact details, I honestly believe we should change our mindset in the adoption information and tracing Bill and in this Bill to put in a no-contact veto provision.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: Absolutely, full information.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: No. They would be available on the register because that is the issue. I know we are straying into a different area here-----

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: -----but it is well documented that children who are adopted want to know their identity. They want to know information about themselves. If, say, the birth parent or, in this case, the donor gave the information about themselves but did not want to be contacted, they could still give information about their medical background. That is far more optimistic and healthy in terms of the future...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I will let Deputy Shatter go ahead.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I want to query one point under this section. In subsection (3)(a) it is stated "if satisfied that sufficient reasons exist to withhold the information concerned from the donor-conceived child" and so on. Does that close the door completely on information being given? People get on in years, they change their minds and circumstances can change. Does that provision close the door...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: It is not easily read within the section that it can be reopened. Perhaps it can be reworded to make clear another application can be made at a future time.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: To pick up on a point raised by Deputy Shatter regarding subsection (3)(a), will the Minister provide the reasons she is refusing to give the information to the applicant? If she believes that she does not have to give the reasons, could they be sought from the Department under freedom of information legislation?

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: So it is not intended to give the reason for the refusal.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: As Deputy Shatter said, if a person goes to court to appeal a decision he or she will do so absolutely blind. The Minister will defend the case with junior or senior counsel, while a 25-year-old will have to go in on their own with no information as to how to argue their case. It seems unfair and ludicrous.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: Will the court provide information to the person appealing it?

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: Nevertheless, the person in question will be going into the Circuit Court to appeal the Minister's refusal of his or her request. The Minister said the information would be made available to the court, but when does the person making the appeal get the information? Do they have to wait until they are in court? That would mean they are at a disadvantage straight away. God forbid, but if...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I will probably table amendments to this section on Report Stage.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I have certain sympathies with Deputy Mac Lochlainn's amendment. In a lot of cases, it may not be possible for the mother and father to be living together. There are teenage pregnancies where both parents could be living at home with their own parents, or the father of the child could be married to somebody else. There are difficulties. The woman could already be in receipt of the...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: There is a legal requirement now that the father's name goes on the birth certificate. If the parents have not been cohabiting, for whatever reason as we outlined earlier, can the mother of the child object to the father's application for statutory guardianship? Is there any way to stop him? If he wants to sign a statutory guardianship declaration to say he wants to be a guardian of his...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: What happens if the mother does not agree for whatever reason? There are many reasons.

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I find it difficult to accept this. If a couple has cohabited for 12 months of which three months can be after the birth of the child, which means nine months beforehand, the father of the child gets automatic guardianship. I have serious doubts about that provision although I do not oppose it. I have serious doubts as to why 12 months' residency or cohabiting qualifies somebody to be the...

Select Committee on Justice, Defence and Equality: Children and Family Relationships Bill 2015: Committee Stage (5 Mar 2015)

Anne Ferris: I agree that it is difficult.

Written Answers — Department of Environment, Community and Local Government: Departmental Bodies (11 Mar 2015)

Anne Ferris: 139. To ask the Minister for Environment, Community and Local Government if he will provide the names, technical qualifications and method of appointment of the individual members of the marine licence vetting committee that assessed the environmental impact assessment for the Codling #1 offshore wind park project for which a foreshore lease was granted in 2005; and if he will make a...

Written Answers — Department of Environment, Community and Local Government: Environmental Impact Statements (11 Mar 2015)

Anne Ferris: 140. To ask the Minister for Environment, Community and Local Government his views on the extent to which the proposed grid connection to the Codling #1 offshore wind park was subjected to an environmental impact assessment as part of the granting of a foreshore lease in 2005; and if he will make a statement on the matter. [10663/15]

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