Fergal Browne (Fine Gael)

I move amendment No. 8:

In page 6, line 2, to delete "section," and substitute "section or otherwise,".

The purpose of the amendment is to recognise that in circumstances where a child is fostered by a grandparent or other member of his or her family, as opposed to being formally placed in care, it may not be possible to determine an exact commencement date for the fostering arrangement. For example, if the parents of a child divorce and one or other parent remarries, the child may not like the parent's new partner and may decide to live with his or her grandparents. In such circumstances, there may not be a formal date at which the child began staying with his or her grandparents. The insertion of the words "or otherwise" would give the authorities latitude when applying the five-year rule currently envisaged by the Minister of State. The grandparents in the case I outlined would have some degree of flexibility in demonstrating that a child has been in their care for a five-year period because the provision makes an allowance for scenarios in which children stay with family members and the commencement date of the arrangement may be difficult to prove.