Results 1,141-1,160 of 2,723 for speaker:Barry Andrews

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

Barry Andrews: To clarify, I said that Part 3 of the Bill concerns placement for adoption. The statutory authorities, the Adoption Authority and the HSE have the right, under section 12, to visit the home of the child or the guardian for the purpose of placement. It is solely that issue. It would not be appropriate for any other body to have a right to enter or visit the home created on a statutory...

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

Barry Andrews: I thank the Senators for their comments. There is a range of amendments to consider. The amendments are related to each other in that they deal with consents to the making of an adoption order and the placing of a child for adoption. When considering whether to accept the amendments we must have cognisance of sections 16 to 18 because they go into much greater detail on the rights of the...

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

Barry Andrews: The legislation is child centred. The Child Care Act understands the concept of children's rights in the context of the rights of parents which, as we are aware, are established in the Constitution. However, the adoption process is a final break between a natural parent and a child and, as such, that process must be concluded with all due consideration. Reference was made to section 17,...

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

Barry Andrews: Just before the phrase "not less than 21 days" on the top of page 22, the Bill refers to "the placement specified in the notice". Therefore, there is a specification of a period, and this should be not less than 21 days. We are dealing with a situation where a father is objecting to his child being placed with an adopted parent. It is quite a significant thing, so some flexibility is...

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

Barry Andrews: The suggestion is made in amendment No. 17 that we replace the term "refuses to" with "does not". There are further consequent and related amendments. In my view, it is almost impossible to change the language of a Bill without, as Senator Bacik suggested, changing its meaning. If we use the term "refuses to" in one section and "does not" in another, inevitably that contrast will be...

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

Barry Andrews: The relevant section deals with adoption orders. Earlier, we discussed placements. Obviously at this stage of an adoption the parents have agreed to have the child placed for adoption. I suggest, therefore, that the amendment is unnecessary. It is understood at this stage of the process that the child's best interests have been considered in the context of the natural parents. We dealt...

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

Barry Andrews: Section 30 provides that the authority shall take such steps as are reasonably practicable to ensure the father of the child is consulted on the adoption order. The section provides that the authority must obtain the approval of the High Court before dispensing with the requirement to consult the father before the adoption order is made. The requirement to obtain High Court approval before...

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

Barry Andrews: The area being discussed is quite interesting. As Senator Fitzgerald has said, there is a body of opinion that open adoption will become more common in the future. However as the Senator is aware, the current position is that an adoption order effects the termination of the relationship between the natural parent and the child. Therefore, the child is treated in law in the same way as any...

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

Barry Andrews: For the purpose of providing clarification for Members, this section refers to adoption orders made by the authority and includes domestic adoption and the adoption of children from abroad in circumstances in which the adoption order is made in Ireland. Section 32 does not relate to the recognition of inter-country adoptions. As for the proposed deletion of this section of the Bill, there...

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

Barry Andrews: This issue was discussed yesterday and obviously my sentiments have not changed since then. I hope the comments I made yesterday also will stand in respect of this amendment.

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

Barry Andrews: I am not sure of the motivation behind this. It is a dilution of the principle that the same standards of eligibility and suitability should apply to all applicants in adoptions in order to protect the interests of the children proposed to be adopted. I cannot see how a married couple can be separated as envisaged by the first amendment so that one could be assessed positively while setting...

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

Barry Andrews: I addressed this earlier-----

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

Barry Andrews: Amendment No. 40 suggests waiving provisions that are unnecessary for the protection of the child's welfare. It is important to recognise that adoption is a service for children. Where the State presumes to provide the place of parents or endorse the role of parents, it must be satisfied about the best interests of any child being placed in the care of persons not the child's parents....

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

Barry Andrews: With regard to these amendments, the HSE has the primary and statutory role in child protection in this country. What is envisaged is that the HSE would be the first point of contact. If an accredited agency would be able to carry out some of the procedures relating to assessment, they would do it through the HSE. The statutory procedure is there to allow this to happen but the HSE has the...

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

Barry Andrews: One of the amendments in the group uses the conjunctive and the rest use the disjunctive.

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

Barry Andrews: The Senator's amendment uses "and", which implies that one must apply to both the HSE and the accredited body. If we are speaking about bureaucracy, that would add unnecessary layers. I presume that what was envisaged was that one or the other would be done and one could be left with an alternative. As I stated in a previous reply, I do not believe that possible with regard to the Child...

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

Barry Andrews: The provision in section 37(2) is intended to streamline the process rather than anything else and to link the various stages from the outset to foreshorten the process.

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

Barry Andrews: That is not the position.

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

Barry Andrews: The Senator is correct that the points relating to this amendment flow from those raised during our discussion on the previous amendment to which he referred. I will consider the amendment and raise it with the Adoption Board - in the interest of discovering how it might envisage something of this nature being achieved - between now and the debate in the Dáil. I do not argue with the...

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

Barry Andrews: My brief indicates that the Interpretation Act provides that an oath includes an affirmation or declaration. I will, however, reconsider the matter. The information I have at my disposal contradicts that available to the Senator. One of us is obviously correct. I believe we are trying to achieve the same result and that these amendments are not necessary.