Results 11,221-11,240 of 11,719 for speaker:Ivana Bacik

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.

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

Ivana Bacik: I move amendment No. 3: In page 17, between lines 25 and 26, to insert the following subsection: "(4) In this Act, "married couple" means an opposite-sex or same-sex married couple or a couple who have entered a registered civil partnership with each other.". I welcome the opportunity to discuss this important amendment but I should at the outset declare my interest as counsel in the case...

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

Ivana Bacik: I am always reserved.

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

Ivana Bacik: On a point of order, before the House suspends I ask the Minister of State to take the opportunity during the sos to consider whether some move towards the recognition of same-sex couples, and children within same-sex couples, might be done in the civil partnership legislation. The Minister of State said at an earlier stage that his view was that the matter should be dealt with in the civil...

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

Ivana Bacik: I support this amendment. Like other Senators, I received information from the International Adoption Association that highlighted its concerns in respect of children who have been adopted or who may be adopted in future by Irish parents from countries without bilateral agreements but where they are being prepared but are not yet concluded, particularly Vietnam, Ethiopia and Russia. In...

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

Ivana Bacik: I am grateful for the Minister's response. It is useful to remind ourselves that the rights of the child, not the parents, must always be paramount. The Minister is to be commended on the progress that has been made with Vietnam. However, I share the concerns of other Senators. It is a concern that some other countries in the EU have broken the link with Vietnam. The valid questions that...