Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am prepared to revisit this issue. There are sections in the 1991 legislation which use the same formula as this legislation, where a person having custody or acting in loco parentis for the child is the person who is put on notice. That, however, is in the context of interim and emergency applications. I am not prepared to stand over this section and I see merit in the points that have been raised. If it is the case that the primary care application is made to other parties then this application should be also on notice to other parties. I will examine this and respond to the legitimate concerns raised by Senators. The position of the natural father in the context of care proceedings is not clear from the 1991 Act. Clearly this legislation is derived from the 1991 Act and anything we do must conform with its spirit. I will check this issue.