Ivana Bacik (Independent)

I move amendment No. 8:

In page 23, subsection (5), line 7, to delete "refuses to" and substitute "does not".

I am glad to have this opportunity to address the House on this group of amendments because, effectively, they all seek to achieve the same objective. As the Minister of State said, section 18 provides for circumstances where the father cannot be located or the authority does not know his identity. It covers those issues. Effectively, it is where the accredited body is to be exempted from a duty to consult the father. It mirrors, as I am sure the Minister of State will state, the existing provisions.

The amendments I seek to insert will not in any way change the substance of the section. I should state that initially. I do not have any objection to the substance of the section. It is eminently sensible as it provides for the necessary procedures to be gone through where the father cannot be located.

I propose in these amendments to change the language in the section. While the language mirrors the existing language in section 6 of the 1998 Adoption Act, which inserts a new section 19A into the Adoption Act 1952, none the less it could be improved upon. Section 18(5) states that, "If the identity of the father of a child is unknown to an accredited body and the mother refuses to reveal the father's identity" and it goes on to outline what will happen. In amendment No. 8 I propose to delete the words "refuses to" and substitute the words "does not". My reason for doing so is that I believe the words "refuses to" are loaded. There is a judgment implied of the mother's failure to reveal the father's identity that signifies that there is something wilful, deliberate or negative about her failure to disclose his identity. In the interests of procedures running more smoothly, it would be better if the section was more neutral in the way it portrays the lack of revealing of the father's identity.

The proposed amendment does not in any way change the substance or purpose of the section because it still requires that where the mother does not reveal the father's identity, the accredited body must then counsel the mother on the various matters and if the mother continues not to reveal the identity, the accredited body must furnish the authority with a written report and so forth. The proposed amendment does not in any way change the steps that must be taken by the accredited body where the father's identity is not revealed. It would simply insert more neutral language that is not condemnatory of the mother's failure to disclose the name.

Clearly, there may be many reasons a mother might not wish or might not be able to disclose the identity of the father. It may be a lack of knowledge as to who he is. It may be a desire not to reveal his identity for many reasons, which are implied in other provisions of the Bill, where, for example, there has been violence in a relationship, where the conception is as a result of non-consensual intercourse and so on. There might be painful and difficult circumstances around the father's identity, especially where mothers seek to give a child up for adoption, and there may be a very good reason for the mother not wishing to disclose the name of the father. The use of the language "refuses to" implies a judgment of that decision by the mother.

I will not labour the point in terms of the other amendments because it is fairly clear. Amendment No. 9 seeks to delete the words "in order to attempt to obtain her co-operation". Again, that implies the mother is willfully not co-operating. That wording does not add anything in the sense that the purpose of the counselling is clear from the remainder of subsection (5)(a).

In amendment No. 10, I suggest that rather than the language "continues to refuse to" the use of language "does not" in terms of does not reveal the identify of the father. That language would be neutral as to why the mother is not revealing the identity of the father. In amendment No. 11, I propose the substitution of the word "assistance" for the word "co-operation" in subsection (6)(a). "Assistance of the mother" is a more positive term.

This exercise is all about trying to improve the process by which children are given up for adoption and to make it easier. It is a difficult process, particularly perhaps for the natural mother, and we must be mindful of and sensitive to that. That is why I suggest a more sensitive use of language in these provisions.

Amendments Nos. 17 and 18 relate to section 30, which provides for necessary procedures to be put in place. As stated in the Bill, having gone through the necessary procedures with the accredited body, the authority will then dispense with consultation with the father where the identity is unknown. The same language of refuses to or is unable to reveal the father's identity is used in subsections (5) and (6). I suggest the use of the wording "does not" or "unable to" is a better and more sensitive use of language than the wording "refuses to".

I would be grateful if the Minister of State would indicate his willingness even to examine this issue of sensitivity in language. When we are dealing with a topic as difficult as adoption, it is useful to attempt to be as sensitive as we can be while maintaining the necessary substance of the relevant provisions. I would be grateful for the Minister of State's views in this respect.