Brian Lenihan Jnr (Dublin West, Fianna Fail)

The one point in dispute is that I do not accept the motivation of the 1991 Act was to discriminate against anyone. The Act clearly states the court must have regard to a person who is a parent whether under the Constitution or otherwise. The phrase "or otherwise" recognises every parent of a child irrespective of his or her status. It goes further than the generality of our legislation which tends to restrict the right-founded guardianship of a male parent who is not married. This legislation goes further in respect of parents.

Senator Tuffy invites me to put all of this expressly in the legislation. That would impose an obligation on a social worker to look beyond a person who has custody of a child or a person who appears to be a parent of a child and make inquiries on what other persons stand in a legal——