Ivana Bacik (Independent)

I wish to clarify a number of points on these four amendments, in particular amendments Nos. 63 and 64. I will stick to points on those amendments and not stray into other territory by mounting attacks on anyone at all. In essence these amendments are child-centred. They are about trying to ensure the rights of existing children - some of whom are now adults - who were brought up by gay couples in loving families where they deserve the same recognition as children brought up in any other type of family.

I believe Senator Mullen was critical of amendment No. 64. That amendment is not poorly or shoddily drafted. It is very carefully drafted to ensure that it refers to the child or children of the civil partners. A child or children of a civil partnership may not be the biological or adopted child or children of either civil partner in fact. We can all think of examples. There is one very high-profile couple who have children who are not their biological or adopted children. We need to be careful to be inclusive in our definitions and that we cover all children.

We also need to ensure our laws are extensive enough. Senator Mullen referred to the testamentary guardian provision. While I am very much aware of that provision, it only applies where one of the existing guardians or parents dies. One needs to have made provision in one's will for testamentary guardian. That is the nature of testamentary guardian. Clearly it is not adequate to cover guardianship rights of a child to his or her guardian where the partner is alive. That is why I was careful to give the example of a civil partnership that breaks up and a non-birth or non-adoptive parent is the one of the civil partners. In that case the child will have no right of access to that parent - someone he or she has always regarded as a parent - because of the absence in our law on guardianship.

I very much welcome Senator McDonald's comments. She is right that we need to address all these issues. Perhaps it will be in some other legislation. Senator Regan has already specifically asked the Minister, if he is to introduce this legislation on the rights of children of same-sex couples and in other situations, when he will do so. I acknowledge that special guardianship orders have relevance considerably beyond civil partnership. That is why, with the support of Senator Norris, I tabled an amendment to the Adoption Bill about special guardianship orders. I am well aware of them and am familiar with them from Britain. I used the model of the British legislation. The provision is commonly used there where children are in long-term foster care. I have practised in this area and I know about it. When a child is in long-term foster care and wishes to have a more permanent relationship with the parent, the special guardianship order is a means of doing so that is short of adoption, which means the child does not break the tie with the birth parent. It fulfils a very specific role, but in a range of different areas, for example, long-term foster care. It could also fulfil that role for civil partners.

As we know very well and as the Minister of State, Deputy Barry Andrews, acknowledged during the debates on the Adoption Bill, many gay couples are engaged in foster parenting for the HSE and doing an excellent job. There is no reason not to extend adoption rights to gay couples. I know that is addressed in another amendment. I have strayed somewhat, for which I apologise. Critically, these four amendments are simple and straightforward. They seek to make provision for the dependent child or children of civil partners. Amendment No. 64, which we drafted, simply makes that provision in section 110, which already provides that where a court is making a grant of decree of dissolution of civil partnership, the court must have regard to whether proper provision has been made for the civil partners. We have simply added in "for any dependent child or children". Senator Norris's amendment No. 63 is to the same effect. These are very simple and provide a safety net for a child of a civil partnership in the event of dissolution.