Results 1,801-1,820 of 2,723 for speaker:Barry Andrews

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I am informed that under the Interpretation Act 2005 an oath includes an affirmation or declaration.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I am informed that section 48, as drafted, provides that "The Authority may take evidence orally or on affidavit." If the authority takes evidence orally, it does not preclude it from taking it on affidavit also and vice versa. Therefore, the amendment is not necessary.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I do not have any particular insight to add. The Part is relevant in that it concerns adoption orders in exceptional cases and the role of the High Court. The section states: (1) In this Part, "parents"— (a) includes a surviving parent, and (b) in relation to a child in respect of whom an adoption order is in force or who is the subject of an intercountry adoption effected outside the...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: This is a very complex area. The measure has been on our Statute Book since 1988 and this is simply a transposition of those provisions into the current Bill. It has been through the Supreme Court and the circumstances as set out in section 54(2)(b) reflect that, being the Supreme Court judgment on the section. I read all the arguments in respect of section 54(2)(b)( i)(I). The requirement...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I will definitely look at that section.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I am informed that the numbers are very low. This was discussed at the Joint Committee on the Constitutional Amendment on Children. It is usually applied for when a child is in long term foster care and reaches the age of 16 or 17. The application is made and is usually successful but the numbers are quite small. I will undertake to provide the Senator with the information in due course.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I ask the Senator to explain further.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I will come back to the Senator on that point as I do not want to give a definitive answer now. We can discuss it on Report Stage.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: We would not have moved forward if this provision had tried to protect one religion over another. It does not. It is simply a reflection that for many people, religion is very important. As a State, we accept that. I do not believe ethnicity is as important and it would be wrong for the State to support that. I do not believe one's race is as important and that the State should serve to...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: To distinguish the right of a person to practise his or her religion from the other points made on race, nationality and ethnicity, perhaps I misinterpreted what was said in that regard and if so, that was not my intention. Regarding what Senator Bacik said, the existing section states "the religion (if any) of the applicant or each of the applicants, if they are a married couple". It has...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I would have to see an amendment before I could comment on whether it would be accepted.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I am not inclined to accept the amendment proposed by Senator Bacik.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I did not address that issue. Senator Healy Eames pointed out that some inter-country adoptions arise from the abandonment of a child and obviously there is no opportunity in those circumstances for the natural mother of the child to give an opinion. In inter-country adoptions, a mother will be counselled on all these issues, such as where the child will be placed for adoption. What was...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: It is a right for the natural mother rather than anything else. I do not see how it could fetter the natural mother in placing a child for adoption.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: If the consent is not informed, one will not have an adoption. If a mother or father who is placing a child for adoption has a list of requirements, there will be no adoption until the list is complied with. There must be fully informed consent.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: One must ensure that is done. It is something which has tried to be captured in the amendment so the mother is fully aware and is entitled to assert her right to ensure this issue is respected. I would stand over the proposed section.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: It is not new.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: It is less and less of a significant section due to the Senators' points. The section will not block adoptions in practice. Rather, it will ensure that adoptions will not run foul of subsequent withdrawals of consent because of placements with religions that do not suit or had not been brought to the attention of the natural mother or father. The section seeks to avoid that situation. It...

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: It applies to intercountry adoptions.

Seanad: Adoption Bill 2009: Committee Stage (Resumed) (11 Mar 2009)

Barry Andrews: I must clarify the point, given the different opinions on it. I must give the Senators a more complete answer on Report Stage.