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Seanad: Adoption Bill 2009: Report Stage (13 May 2009)

Frances Fitzgerald: I support Senator Norris's call for the civil partnership Bill. Issues arise in respect of a number of areas, whether it be in the context of the amendment under discussion or in respect of social welfare, which cannot be dealt with in isolation from that Bill. I urge the Minister of State to ensure that legislation is introduced in the House before the end of this session. If the Minister...

Seanad: Adoption Bill 2009: Report Stage (13 May 2009)

Frances Fitzgerald: On Committee Stage, the Minister of State expressed some interest in this amendment and said he would seek legal advice on it. Did he and what is he considering to do with the clause on this Stage? If he will not include it in this Bill, will it be included in the civil partnership legislation? This thoughtful amendment suggests a system to provide guardianship rights to the non-biological...

Seanad: Adoption Bill 2009: Report Stage (13 May 2009)

Frances Fitzgerald: I move amendment No. 6: In page 17, between lines 39 and 40, to insert the following: "(e) providing information, advice and counselling to a birth parent wishing to consider placing a child for adoption;". Section 4 of the Bill makes arrangements for the adoption of a child, whether on a domestic or inter-country basis, and sets out the various issues which need to be taken into account when...

Seanad: Order of Business (14 May 2009)

Frances Fitzgerald: We have discussed a number of times in this House services for children. Yesterday we had the publication of the Monageer report, which was only published in part. Will the Leader take a message back from this House to Government that we want to see this report published in full? We had a similar situation previously when the Kelly Fitzgerald report was published. Initially, it was not...

Seanad: Order of Business (14 May 2009)

Frances Fitzgerald: It is correct.

Seanad: Order of Business (14 May 2009)

Frances Fitzgerald: On a point of order, will the House meet on Tuesday? The waters are muddied on this given yesterday's developments. At this point, Senators do not know if the House is meeting on Tuesday, despite a meeting of leaders earlier this week.

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I thank the Minister of State and I welcome his indication that the amendment will be considered for inclusion on Committee Stage in the Dáil. However, I regret that he did not introduce an alternative amendment in this House. Some 84 amendments to this Bill have been tabled by Senators from different parties and the Minister of State has not indicated a willingness to accept any of them....

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I move amendment No. 7: In page 18, between lines 5 and 6, to insert the following: "(j) providing post placement support, advice and counselling to birth and adoptive parents;". This amendment is similar to amendment No. 6. However, it deals with the issues that arise post-placement. It suggests that the Bill should also contain, at its core, the concept of providing post-placement...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I am not sure why the Minister of State is resisting it. If one takes the Russian situation, there are 34 missing post-placement reports. The Russian authorities have decided to put their foot down and, probably rightly so, request the reports. This links with a later amendment as to whether the Health Service Executive has the resources to do the necessary work in this area. Given that...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I second the amendment. This is the first time in our debate on the Bill that we have raised the issue of accredited agencies. I have tabled a number of amendments which allow accredited agencies as well as the HSE to take action under the Bill. When I raised this issue during our last debate on the Bill, I understood from the Minister of State's response that he was against the idea of an...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: Hear, hear.

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I think it was a comment about the legality of it.

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I second the amendment. Are the amendments being taken separately in terms of proposing and seconding them?

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I do not agree with all the amendments in the group. Amendment No. 9 relates to the conditions for adoption, many of which are included in the Bill at a later stage. We support the suggestion but the right of the father to be consulted is dealt with later in the Bill. Perhaps Senator Prendergast or Senator Norris will clarify amendment No. 15 as it appears to limit the rights of fathers to...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: No, I have a separate amendment.

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: We suggest in this amendment that the timeframe of 35 days would be more realistic. A period of 21 days is too short. For example, a person might change address or a letter could be lost owing to postal difficulties. A change to 35 days would give the father sufficient time for reflection. That is a slightly different point from that made by Senator Norris whose amendment refers to three...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I move amendment No. 17: In page 23, line 9, to delete "refuses to" and substitute "does not". This amendment arose at an earlier stage. We had some discussion about it when Senator Bacik tabled it. I certainly felt that it was worth discussing with the Minister of State on Report Stage. Amendment No. 17 is a technical amendment about the mother co-operating with the father's identity in...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: We have had a good discussion on this issue on Committee Stage and in this House. I agree with the Minister of State on the right of the child to know and have access to his or her father. That is absolutely critical. Some countries have mandatory obligations in this regard. It is an issue which should be examined in context. The reason behind these technical amendments is the punitive...

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: I second the amendment.

Seanad: Adoption Bill 2009: Report Stage (Resumed) (14 May 2009)

Frances Fitzgerald: Why has the amendment been ruled out of order?

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