Rónán Mullen (Independent) | Oireachtas source

Tairgim leasú a 3:

I gCuid 1, leathanach 7, líne 16, ?Déanfar? a scriosadh agus ?Go sonrach, déanfar? a chur ina ionad,
agus
I gCuid 2, leathanach 9, líne 15, ?Provision? a scriosadh agus ?In particular, provision? a chur ina ionad.

I move amendment No. 3:

In Part 1, page 6, line 16, to delete ?Déanfar? and substitute ?Go sonrach, déanfar?
and
In Part 2, page 8, line 15, to delete ?Provision? and substitute ?In particular, provision?

This is my second and last proposed amendment and it addresses a simpler issue than the previous one. I seek to shore up the intended meaning of the provision on adoption. It is possible to interpret the test outlined in 42A.2.2° as differing in substance from that outlined in Article 42A.2.1°, which provides for the State to supply the place of parents in cases of parental failure. Article 42A.2.1° provides that in exceptional cases the State shall "by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child".

Those conditions are set out clearly in Article 42A.2.1°. On the other hand, Article 42A.2.2° provides that where parents fail,simpliciter, for a prescribed period, the child shall be placed for adoption without the consent of the parents "where the best interests of the child so require". One reading is possible that sees the best interest test in Article 42A.2.2° as unconnected to or with all that is provided for in the prior Article 42A.2.1° and, therefore, not circumscribed by the requirements of, in exceptional cases, and proportionate means and a designated level of failure. I propose we remedy the situation where there might be a doubt by simply adding "in particular" to the beginning of Article 42A.2.2°, in order to indicate that it is a further specification of the contents of Article 42A.2.1°, which I think is the Minister's intent. This would clarify that the tests and the standards articulated in Article 42A.2.1° also apply to Article 42A.2.2°. I do not think the proposal is controversial. It seeks to address a possible misunderstanding or ambiguity that is not intended. It should be noted that the words "in particular" already introduce the substance of Articles 40.3.2°, 41.2.1° and 45.2. This proposal is a small simple measure that would dispel any doubts about the meaning of the relevant provision.