Results 10,941-10,960 of 11,444 for speaker:Ivana Bacik

Seanad: (4 Mar 2009)

Ivana Bacik: I thank the Minister of State for his considered comments on this matter. Like Senator Norris, I do not propose to divide the House in respect of my amendment. Rather, I wish to reserve my right to do so on Report Stage on the basis that the Senator and I have agreed to draft a composite amendment that will seek to address the clear discrimination that exists against same sex couples and to...

Seanad: (4 Mar 2009)

Ivana Bacik: A saucer of milk is more like it for some people.

Seanad: (4 Mar 2009)

Ivana Bacik: I did not mention statistics.

Seanad: (4 Mar 2009)

Ivana Bacik: On a point of order, is this relevant to the amendments we are debating?

Seanad: (4 Mar 2009)

Ivana Bacik: I propose, as I have done throughout this debate, to be concise and to keep my comments directly relevant to the amendments we are discussing, which were tabled by me and Senator Norris. Like Senator Healy Eames, I welcome the Minister of State's point that same sex-couples are currently fostering children. We allow single people to adopt, as indeed we should. I am glad we do not confine...

Seanad: (4 Mar 2009)

Ivana Bacik: For which we are truly grateful.

Seanad: (4 Mar 2009)

Ivana Bacik: One had to apply to the District Court.

Seanad: (4 Mar 2009)

Ivana Bacik: I understand that but I have carried out the procedure on behalf of two children. The Minister of State is correct that the right is particular to natural fathers. A separate issue arises where the mother does not consent to the natural father being named as a guardian, regardless of whether he is on the birth certificate. An application to the courts is required in the latter instance but...

Seanad: (4 Mar 2009)

Ivana Bacik: I will have to check that.

Seanad: (4 Mar 2009)

Ivana Bacik: The Minister of State may be correct. In any event, we are not discussing a birth parent in the context of the Bill before us. I am pointing out that a clear procedure exists in law whereby the natural mother consents to somebody else being a joint guardian with her. I do not expect the Minister of State to commit one way or another now but I ask him to consider a procedure for swearing a...

Seanad: (4 Mar 2009)

Ivana Bacik: I do not wish to prolong the debate on this but I did check Jeffrey Shannon's excellent book which contains no reference to the natural father needing to be named on the birth certificate. Clearly, however, he must be the natural father for the statutory declaration to be made. If an issue arose, proof would be required that he is the natural father because the right attaches only to the...

Seanad: (4 Mar 2009)

Ivana Bacik: The general theme behind these amendments tabled by the Labour Party requires greater consideration. It is incumbent upon us to ensure the natural father has particular rights prior to a child being placed for adoption. The problem with the amendments, and in particular amendment No. 6, is that they are far too rigid in terms of the role they provide for the natural father. Also, they are...

Seanad: (4 Mar 2009)

Ivana Bacik: On a point of order, there is a later provision that does exactly what Senator Mullen says. Section 17(2)——

Seanad: (4 Mar 2009)

Ivana Bacik: It clarifies the point.

Seanad: (4 Mar 2009)

Ivana Bacik: Section 17(2) continues the current regime where in fact "the accredited body before placing the child for adoption, shall take such steps as are reasonably practicable to consult the father". There is provision to consult the father. There is a separate provision about which I spoke——

Seanad: (4 Mar 2009)

Ivana Bacik: I know but in fact there is already sufficient remedy under the Adoption Act 1998, and under the provisions that replicate most of the same procedures in this Bill, the natural father is to be consulted and has the right under section 16 to give notice of his wish to be consulted. I accept that one should be innocent until proven guilty in the criminal law but we are talking here about the...

Seanad: (4 Mar 2009)

Ivana Bacik: Provisions relating to birth certificates are contained in the Civil Registration Act.

Seanad: (4 Mar 2009)

Ivana Bacik: Guardianship is separate from adoption.

Seanad: (4 Mar 2009)

Ivana Bacik: That answers the earlier point because in order to sign a statutory declaration to be a joint guardian one does not have to produce the birth certificate or show that the father was named. That is what I thought and I am grateful that it has been clarified and that in order to sign the statutory declaration giving the birth father rights of guardianship jointly with the mother there is no...

Seanad: Adoption Bill 2009: Committee Stage (4 Mar 2009)

Ivana Bacik: On a point of order, the normal procedure is that we discuss amendments when they are grouped together but they are not put or voted on until they are reached sequentially.