Rónán Mullen (Independent)

Is it necessary to make these sections more harmonious? Is there a danger that one will operate against the other in certain circumstances? We need to consider these issues, with deference to Senator Bacik's legitimate concerns and to the fact the Minister of State will have taken careful advice on where stands the Constitution.

While it is extremely undesirable that somebody guilty of rape, albeit the matter was never tested in court, would be consulted, surely we should operate in general terms on the principle that a person is innocent until proven guilty. Are we or is Senator Bacik straying from that to a degree? I do not offer that point in a dogmatic way. These issues must be kept in tension with each other but I am concerned that we are still leaning too far away from the right of a father in normal circumstances to be consulted. If a father has applied for and is the child's guardian then in all circumstances the onus should be on the authority to consult.