Jim Walsh (Fianna Fail) | Oireachtas source

---which concerns the best interests of the children. I echo what the Minister said in that regard.

Having listened to the debate on this amendment, I see it related to the first part of the proposed Article 42A.2.1°, but not in the manner suggested by the Minister, which probably reflects the views of her officials, that in some way adoption is a natural follow-on to what is there. I see it linked, as Senator Mullen has said, to the qualification of Article 42A.2.2°, which provides that children can be adopted - we are talking about involuntary adoption - "where the parents have failed for such a period of time as may be prescribed by law". There is no inclusion in this of the various qualifications we debated with regard to the first part of the section. The qualifications "in exceptional circumstances", "proportionate" and so on seem to be missing with regard to adoption. This is a lacuna and I share the concerns of Senator Mullen and find myself supporting the points he made with regard to the amendment.

With regard to "as may be prescribed by law", the Minister has, rightly, published a Bill relating to adoption. This sets out clearly that a child would have to be in care for three years before this would be triggered. This is an appropriate period of time in the case of children of a reasonably mature age. If a child is ten, 11, 12 or 13, three years is adequate because the views of that child can be clearly ascertained and that input would be of assistance in the decision being made. However, three years is far too short in the case of very young children. Children aged three, four or five are not sufficiently mature to exercise the decision themselves. Given our earlier debate on the connection between the natural family, the biological parents and their child, this consideration must be factored in. For that reason, the Minister should give careful consideration to the amendment.

The Minister should also consider taking another look at the draft adoption Bill she has published, although she may not be prepared to say this.