Frances Fitzgerald (Fine Gael)

On Committee Stage, the Minister of State expressed some interest in this amendment and said he would seek legal advice on it. Did he and what is he considering to do with the clause on this Stage? If he will not include it in this Bill, will it be included in the civil partnership legislation?

This thoughtful amendment suggests a system to provide guardianship rights to the non-biological parent of a child of a same-sex partnership. It would be supportive and protective of children. For example, it proposes: "While a special guardianship order is in force with respect to a child, no person may cause the child to be known by a new surname or remove him from the jurisdiction, without either the written consent of every person who has parental responsibility for the child or the leave of the court." It is important to have these sorts of protections in such cases.

The provision is similar to the guardian ad litem provision which we have been very slow to develop in this jurisdiction. It has been in place in England for a long time. I have experience of how it works in adoption assessments and consider it helpful as a system and way of working.

While it would seem the Minister of State will not be accepting this amendment, I would like to hear his views on its proposals. Does he believe there is a gap in the existing legislation? If he is not considering accepting the amendment in this legislation, will he consider it for the civil partnership legislation?