Ulick Burke (Fine Gael)

I move amendment No. 9:

In page 33, between lines 17 and 18, to insert the following:

"39.—For the avoidance of doubt, nothing in this Act or any other enactment shall prevent a person from having full access to the Courts at any time to enforce, assert or enhance their rights which accrue under or arise from this Act.".

We touched inadvertently on this amendment earlier. There was a clear indication in the statements of the Minister in the Dáil and on Committee Stage that his idea was to avoid at all costs a situation where anybody would have to have recourse to the courts. We know from the past that is not the case. There are situations where people must have recourse to the courts, and the Minister mentioned a case herself when she mentioned resources. If a person does not feel they are getting adequate resources from the Minister he or she can go the courts.

Based on people's past experience, they will not want to go to court despite the fact that there are no alternatives. The Minister has included a definite deterrent in the hope that parents will not go down that road at any costs. The wall is getting higher and higher in order to avoid that situation. As she said, the reality is that someone will query the resources and the only place to resolve it is through the courts. It is unfortunate that there seems to be a determination to deter — prevent might be too strong a word — people from taking that option, which is their absolute right and entitlement.