David Norris (Independent)

I largely support the arguments made by Senator Bacik and Senator Fitzgerald. They have done us a service by tabling these amendments. One would want to avoid any element of coercion of the mother, and that is the one thing that concerns me. By using words like "persuading" and so on, it feels as if moral pressure is being put on mothers.

It is sometimes possible that there could be a wilful refusal. There can also be other kinds of refusals that concern issues beyond not providing the identity of the father. An act can be deliberate without being wilful and an act in these circumstances could be deliberate without being malicious and could also be in the interests of the child. I can envisage circumstances in support of the use of the term "does not" or the inclusion of some additional phrase. The mother may not be in a position to reveal the identity of the father for a variety of reasons. For example, she could be unconscious or in a vegetative state. If I applied my mind to it, I could think of a number of circumstances in which it would be impossible or ill advised for the mother to reveal the identity of the father.

I am happy to support these amendments but the matter needs to be examined in greater depth. Perhaps the Minister of State can give a commitment to do that before the Bill goes to the Dáil.