Phil Prendergast (Labour)

I move amendment No. 4:

In page 20, between lines 8 and 9, to insert the following:

"(a) the birth of the child has been registered, and either the particulars of the father have been registered or the mother has sworn and furnished to the accredited body a statutory declaration that the father is unknown or missing, and cannot be traced using reasonable inquiries, unless the court permits placement notwithstanding a failure or refusal to swear such a statutory declaration,".

I welcome the Minister of State. On amendment No. 4, the Bill does not specifically require a child's birth to be registered before placement for adoption, which is an omission. More fundamentally, we would argue that the father's details should be registered where adoption is contemplated unless the mother completes the statutory declaration to the effect that the father is unknown, missing or cannot be traced without using reasonable inquiries.

On amendment No. 6, section 16 merely gives the father the right to apply to be consulted in regard to adoption. It is extraordinarily insulting and offensive to state in legislation that a father has only the right to be consulted in regard to permanent removal of his child from him. It is unbelievable that in 2009 this minimal level of protection is being proposed in law. We wish to protect fathers in this situation by providing that fathers who are named on a birth certificate can veto adoption unless the court gives the go ahead.

On amendment No. 7, the power to dispense, without any attempt to even notify the father, is much too wide. The High Court can dispense without notice to the father if it believes such action inappropriate. We suggest this provision be tightened up considerably and that where conception of the child was the result of an offence, namely, rape or incest, there should be no need to notify the father and that otherwise notification should be given. Amendments Nos. 15 and 16 are similar and do not require further comment.

May I speak at this point to amendment No. 12?