Colm Burke (Fine Gael) | Oireachtas source

I agree with Senator van Turnhout. I also checked about the inclusion of the words ?and significantly?. It would raise the bar extremely high. It would cause more problems than it would solve in the sense that the bar would be set so high that the courts would find themselves again in a stranglehold such as that to which I referred yesterday in the context of Mr. Justice Lynch in the JH case. He was trying to look at the situation through the eyes of the child as opposed to the eyes of the natural parents and the eyes of the adopting parents, and when he came to his conclusion based on examining the situation through the eyes of the child, the Supreme Court allowed the appeal of his decision. Likewise, if one adds the words ?and significantly? it would cause problems for the courts because the effect on the child would have to be of major consequence and would cause problems in the sense of the courts stepping in. Senator van Turnhout made a submission on the word ?proportionate?. The section overall does deal with all of the circumstances, taking into account the parents but also the child. It makes sure that if there is to be a level of involvement by the State, it is in a measured way and that it is not overly intrusive in dealing with the matter. The section as drafted is the appropriate way of dealing with the issue. I support the Bill as is. I am not in a position to support the amendment tabled by Senator Mullen.