Ivana Bacik (Independent)

I support these two amendments which are related in their purpose. We have already put to the Minister the need to ensure the rights of children are protected in this legislation. I know he has said he will not accept the amendments at this stage. I am glad to hear him say, however, that he will adopt a composite response to the needs of children, as part of a more comprehensive review of guardianship law. I do not think he has indicated when that is likely to happen. Even if he does not accept these two amendments now, they should inform any future development of legislation. Amendment No. 5 provides that "where one of the partners in a civil partnership has, or had prior to the entry into a civil partnership, adopted a child or children to whom they may or may not be biologically related, and in the event of the death of that adopting parent, the surviving partner shall be regarded in law as a guardian". It would overcome the difficulties that would arise if the partners had not made a will appointing the non-adoptive parent as the testamentary guardian. It would ensure the rights of the child in that situation and such a child would not be left without a guardian in law. I know a good deal of work has gone into the well crafted amendment No. 37 to section 90. I commend the officials in the Gay and Lesbian Equality Network and elsewhere who assisted Senator Norris with the amendment.