Results 10,921-10,940 of 20,459 for speaker:Frances Fitzgerald

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

Frances Fitzgerald: I move amendment No. 44:In page 39, line 11, to delete “view” and substitute “views”.

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

Frances Fitzgerald: I move amendment No. 45:In page 39, line 17, to delete “subsection (4)” and substitute “subsection (7)”.

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

Frances Fitzgerald: I move amendment No. 46:In page 40, line 5, to delete “interest” and substitute “interests”.

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

Frances Fitzgerald: I move amendment No. 47:In page 42, line 2, to delete “duties” and substitute “responsibilities”.

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

Frances Fitzgerald: I intend to amend section 45 on Report Stage. Relating to the restrictions on guardians appointed by the court under section 6C or temporary guardians under 6E, certain functions are reserved from those guardians unless the court expressly confers them. Some additional restrictions are required in relation to consents a guardian may provide including: the taking of samples; repealing...

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

Frances Fitzgerald: I move amendment No. 48:In page 44, line 20, to delete “the surviving parent” and substitute “a parent of the child”.

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

Frances Fitzgerald: I wish to signal that I plan to table a Report Stage amendment on this section. It will provide for a further amendment of section 8 of the Guardianship of Infants Act 1964. The amendment will allow a person to apply to the court for a declaration that he or she is a guardian by operation of the law.

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

Frances Fitzgerald: I move amendment No. 49:In page 47, lines 2 to 4, to delete all words from and including “by—” in line 2 down to and including “(b) the” in line 4 and substitute “by the”.

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

Frances Fitzgerald: Yes. The provisions in 18A and 18D of section 56 are very carefully balanced to address the issue, which is that we want to enable children to have meaningful relationships with both parents. The mechanisms we have here seek to change a parent’s behaviour, obviously not to penalise the child. It would be very traumatic for a child if a member of the Garda were to enter the house and...

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

Frances Fitzgerald: It might be helpful to address that particular issue. We had a discussion as regards that issue, as indeed we had on Second Stage. I have indicated some amendments that I am bringing in which would make it more likely that non-marital fathers would sign the statutory declaration and that they could do that at the same time as the birth registration. That is without moving towards the...

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

Frances Fitzgerald: It is in response to the point that Deputy Coppinger has made in relation to those kind of decisions and what might guide them.

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

Frances Fitzgerald: Is Deputy Shatter suggesting that an offence should be created in this section?

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

Frances Fitzgerald: On Report Stage I intend to amend this section, which inserts new sections 31 and 32 into the Guardianship of Infants Act 1964. This will link the reference in section 31(2)(b) to the views of the child in the best interest provision to the provisions of section 32, which allow the court to seek a child's views directly or to appoint an expert to find out the child's views. It also amends...

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

Frances Fitzgerald: I move amendment No. 51:In page 63, line 22, after "subsection (4)," to insert "and".

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

Frances Fitzgerald: Section 85 amends section 41 of the Family Law Act 1995 to clarify that, where the court orders a maintenance payment under another Act to be paid by a cohabitant of the child's parent, that maintenance payment may be secured to the maintenance applicant under section 41. Section 86 amends section 42 of the 1995 act, which allows the court, either instead of or as well as securing a...

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

Frances Fitzgerald: Yes, it does envisage that. I am conscious of cases in this area.

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

Frances Fitzgerald: Another section relevant to this Part is that we have separately amended section 11(2) of the 1964 Act to ensure a parent is liable for maintenance, whether or not the parent is the guardian of the child. We did examine this in detail and considered setting up trusts but there could be potential conflicts of interest. We felt the approach we took in the Bill left the courts with a wide...

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

Frances Fitzgerald: I move amendment No. 53:In page 69, line 4, to delete “sub-paragraphs (i) to (iii) of section 19(1)(b)” and substitute “paragraphs (i) to (iii) of section 19(1)”.

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

Frances Fitzgerald: I move amendment No. 55:In page 70, line 10, to delete “section 20” and substitute “section 19”.

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

Frances Fitzgerald: I move amendment No. 56:In page 70, line 11, to delete “section 21” and substitute “section 20”.