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

Barry Andrews: I stand to be corrected on that and I will have to clarify it for the Senator.

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

Barry Andrews: I am not sure how I will approach this but I undertake to examine the section. The issues raised by the Senator are legitimate but I must give them more consideration before I make commitments on what I will do in this regard. I thank her for bringing these issues to my attention.

Seanad: Pre-school Services (14 May 2009)

Barry Andrews: I thank Senator Fitzgerald for raising this important issue. As the Senator is aware, I have responsibility for the implementation of the new scheme to provide a free pre-school year of early childhood care and education, ECCE, which will be introduced from January next. The introduction of the scheme is, I believe, one of the most significant developments in early childhood care and...

Seanad: Pre-school Services (14 May 2009)

Barry Andrews: This is a national, universal, free pre-school year. It is designed to benefit all children. While there are examples where difficulties can be found, we will try to accommodate all the providers in the scheme when it is finalised. We are in consultation with the representative associations of child care facilities. They have underlined some of the issues the Senator raised, including...

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

Barry Andrews: I was asked a question about Russia.

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

Barry Andrews: I am learning my lesson. I will not extemporise.

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

Barry Andrews: I refer to declarations of eligibility and suitability, about which I commented in the media. Section 37(3) states: (3) As soon as practicable after the Health Service Executive receives an application under subsection (1), the Health Service Executive shall take the following steps concerning the adoption proposed under the separate application referred to in subsection (2)(b) or arrange...

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

Barry Andrews: That again underlines the fact that we recognise this is an area of major priority. Having made the point about section 37 it might clarify the reason this part of the Bill, page 19, Part 3, concerns the placement for adoption. The section the Senator is attempting to amend, section 12, concerns the statutory authorities rather than any accredited body and allowing them permission to enter...

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

Barry Andrews: In the context of what?

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

Barry Andrews: I did not mention anything about legal advice, to the best of my recollection.

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

Barry Andrews: I did not say there was no legal objection, I am just saying I did not say anything about legal advice.

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...

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