Ivana Bacik (Independent)

I am grateful to the Minister of State for indicating willingness to consider the matter and I will certainly not press it at this stage. I look forward to some constructive proposals on Report Stage. I would be very grateful if the term "refuses to" was removed as it is perhaps the most loaded term. I am grateful to my colleagues, Senators Quinn and Healy Eames for their support. I note that section 30(5) already includes the term "refuses or is unable to". That is not included in section 18(5), which is an interesting omission because it implies the only reason the mother does not disclose the name is that she refuses, which clearly cannot be right. There would be many circumstances as envisaged in section 30 where the mother is simply unable to reveal the identity of the father. The term "refuses to" must be changed. I am glad that principle is acknowledged.

Co-operation is a less judgmental and loaded word. However, we need to consider the context in which it is used. I take the Minister of State's point that generally to co-operate is positive. However, section 18(5)(a) uses the phrase "in order to attempt to obtain her co-operation," which implies that she is not co-operating. I have a sense that is not the most sensitive or helpful phrase. I take the Minister of State's point. Clearly one must guard against the unintended consequence that a mother is less likely to disclose the name of a father. My feeling, which I hope is right, is that there would always be a good reason for the mother not to disclose the name of the father. I do not believe that changing "refuses" would alter that. I do not believe it would encourage more women not to reveal the father's identity. Clearly there are still many steps to be taken where the father's identity is not revealed. It is not as easy a process and is more cumbersome. Therefore there are many built-in reasons for a person to reveal the father's name if possible.

I note that both sections 18 and 30 contain procedures for statutory declaration where the mother is unable to identify the father. There are steps the mother must take and it is not as easy as simply not disclosing. Clearly the procedures that must be followed where there is no disclosure are more cumbersome than those where the mother names the father.

I am grateful to the Minister of State. I would like to see "refuses" removed. Some phrase that is not quite as loaded as "attempt to obtain her co-operation" would be useful because in its current context it implies that there is no co-operation. That is not helpful when we are trying to ensure the process is smoother and easier for everybody given that the process can only be a difficult process, especially for the natural mother. I am grateful for the Minister of State's words and I will not press it at this stage.