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

David Stanton: One is automatic and the other is not. Is that right?

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

David Stanton: I can see what the Deputy is trying to say. There is a provision at the moment that the father can be granted guardianship rights by the mother. What the Minister is suggesting, I think, is that guardianship will be made known more clearly and explicitly at the time of the birth of the child. If that happens, then the cohabitation provision will not apply because the father will be a...

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

David Stanton: I am conscious of the time and we stated earlier that we would suspend proceedings at 1.30 p.m. Perhaps we will dispose of this amendment and the section before taking a break. The next section relates to the courts. We have teased out the matters to which the amendment relates to quite a degree at this stage. Do members want to discuss the issues involved further?

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

David Stanton: Does Deputy Mac Lochlainn intend to press the amendment?

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

David Stanton: How stands the amendment?

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

David Stanton: If that is the case, we will suspend proceedings for lunch.

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

David Stanton: I do. We will reach section 41 shortly.

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

David Stanton: We will get to that in a minute.

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

David Stanton: If the Deputy speaks then, that will be fine. Does the Minister wish to respond to any of the issues raised about the definitions of "custody" and "access"?

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

David Stanton: When we are reporting back to the Dáil, all of these issues can be taken into account. Colleagues can also put forward amendments on Report Stage.

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

David Stanton: We will move on to that in a minute.

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

David Stanton: Before we stray into section 41, I would like to dispose of section 40, and then we can talk about section 41 in its entirety.

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

David Stanton: We have made that point very well. Perhaps we can put forward definitions to be considered on Report Stage.

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

David Stanton: Deputy Shatter has indicated that he would like to make some points on section 41, to which no amendments have been proposed. This section provides for the best interests of child to be paramount.

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

David Stanton: Perhaps the Deputy might table some amendments on Report Stage. I call the Minister for some final remarks. We have given this a good run at this stage.

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

David Stanton: Amendment No. 37 is in the name of Deputy Pádraig Mac Lochlainn. I advise that if amendment No. 37 is agreed then amendment No. 38 cannot be moved. Amendment No. 37 has already been discussed with amendment No. 36.

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

David Stanton: Does the Minister wish to respond to that interesting point?

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

David Stanton: The Deputy must confine herself to this section.

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

David Stanton: We had this discussion this morning on guardianship and automatic guardianship. The Minister might address that briefly.

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

David Stanton: We are moving ahead now to section 58.

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