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Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I understand from the Minister's Second Stage speech that the Bill contains a presumption in favour of the appointment of a guardian ad litem. If so, I do not see how from a resource point of view of putting a charge on the Exchequer our amendments run contrary to that. What we are seeking to do through our amendments is buttress the existing system.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I beg the Chairman's indulgence before the Minister replies. The other issue I have is the constitutionality of the legislation under Article 42A.4.1o, which reads: (i) brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or (ii) concerning the adoption, guardianship or custody of, or...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: It is important.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: This issue has been highlighted by the Child Care Law Reporting Project. In some areas of the country, guardians are only appointed in a small number of cases. The justification for our amendments has to do with the prediction that the current iteration of the Bill will have no significant impact on that phenomenon. That is our worry. I wish to declare at this stage that, if we do not...

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I am seeking for the Minister to speak to the issue, but I am also-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Actually, the Ceann Comhairle has not ruled on this. As I understand the matter, it is the Bills Office-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: -----and the Chairman who have ruled on it-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: -----based on advice. I wish to see the advice or have regard to it.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: May I ask a question?

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: The Chairman is in possession of the advice.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: He will make it available.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Could we have a copy of it so that we might read it?

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I thank the Chairman.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: The Minister is sympathetic to the position in which the three Deputies here find themselves.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Three, because they are our amendments that have been ruled out of order. We are seeking to legislate with one hand tied behind our backs. It was only at the 11th hour last night that we were told that the-----

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: Please, Chairman.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: May I be allowed to make a point?

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: We are on Committee Stage.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: It is actually pertinent.

Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)

Seán Sherlock: I am responding to what the Minister just said.

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