Barry Andrews (Dún Laoghaire, Fianna Fail)

There are circumstances in which older children, such as 16 and 17 year olds, are adopted, and whenever a child is over seven his or her own opinion is taken into account. If a child, particularly an older child, were to say he or she wanted to be adopted by the partner of his or her mother or father, that could not happen under the current legislation and our constitutional position. However, the rights of children must be central to all of this. The discussion has had a tendency to stray away from these important issues.

I understand both amendments are being withdrawn but I want to address some of the questions that were put to me directly. Would I consider adoption or guardianship rights in the context of the civil partnership Bill? I cannot anticipate the discussion on that Bill, but the Senator is right in saying that is the correct forum for that major discussion rather than in the context of adoption rights. The rights of children in the context of adoption is quite a specific area on which most of the commentary has focused. There will be ample opportunity to discuss these issues at that later time, but I cannot anticipate or commit to what will be contained in that Bill. I have my own opinions, but I am standing here as a representative of the Government and our position is that we intend to stick with the current eligibility and suitability arrangements. I understand the amendments are being withdrawn and we are satisfied with that position.