Barry Andrews (Dún Laoghaire, Fianna Fail)

On Committee Stage, I said this proposal was an intriguing solution to this issue. I also referred to the Adoption Act 1988, whereby an adoption order can be sought in respect of someone in long-term foster care provided tight criteria are met. That is transposed into this Bill. There is a constitutional requirement due to an Article 26 reference in the Bill.

The position of foster children has improved dramatically over recent years. In cases where a foster child is with parents for five years or more, the parents can apply for passports in their name and consent to medical treatment for them while they are entitled to the same benefits under gift tax as natural children.

The amendment does not refer to what type of child would be eligible for special guardianship. Senator Bacik spoke of the type of children for whom one may seek a special care order. Is this the type she had in mind or is it more than one category?

The amendment proposes the effect of a special guardianship order is that while the order remains in force, a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made and, subject to any other order in force with respect to the child under this or any other Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child, apart from another special guardian.

The clause, "exclusion of any other person", may give rise to constitutional problems.

I have sought legal advice on the best vehicle for this matter and whether it can be provided for without constitutional amendment. The options include the Civil Partnership Bill or amendments to the Guardianship of Infants Act 1964 or the Child Care Act 1991. I will consult the Minister for Justice, Equality and Law Reform on these options in due course.