Rónán Mullen (Independent) | Oireachtas source

I thank the Minister for her response but I do not understand the logic of her position. On the one hand she deplores a hierarchy of families, while on the other hand she says the status quodoes not involve such a hierarchy. She attempts to reconcile the two positions by saying that she is widening the pool of eligibility to include cohabiting couples, but she is doing much more than that. She is widening the pool of eligibility to include civil partners as well. At the moment, single people may adopt "in the particular circumstances". It is particular circumstances that apply where a single person may adopt. Why does the Minister not maintain that "in the particular circumstances" a cohabiting couple may apply or that "in the particular circumstances" two civil partners may apply?

The Minister is not just trying to widen the pool of eligibility. She is going further than that. She is going down an ideological route, because she is saying that no matter who is applying, it is not a question of particular circumstances; anyone may apply. She then subjects this position to the general expectation that each case will be adjudged according to the child's best interests. This includes some really important considerations, including the fundamental question of whether the child's best interests automatically or almost always would require the child to have the experience of a father and a mother in his or her life. This is a rather big issue to leave to unknown officials to determine.

If a couple apply to adopt and they have no previous children, it is entirely appropriate that the issues the Minister described about parenting and their suitability would be considered. In this legislation, the Government is unable to propose the requirement that an essential issue to be determined in securing the child's best interest would, save in exceptional circumstances, be that the couple be in a position to provide complementary parenting, namely a father-and-mother experience for the child. The Minister seems to suggest, or seems to want to suggest, that in determining the best interests of a child or in assessing a particular couple for their suitability to adopt, the personnel dealing with the matter might decide in some cases that the fact that it is a same-sex couple makes them less suitable, but in other cases they would be more suitable. The Minister has the picking of the Adoption Board, if I am not mistaken. Is she suggesting that such a decision would be legitimate? Is this something that comes down to the personal convictions or views on family life of the personnel dealing with the matter? It is entirely irresponsible not to determine this question where it ought to be determined, which is in the legislation. Whether the experience of having a father and a mother is something so fundamental that it should be sought out wherever possible and only disregarded in exceptional circumstances is a core question. Is the Minister saying that there will be cases where it would be legitimate for officials determining a child's best interests to say, all other things being equal, that they will give preference to a father-mother couple and that that is something they should look out for - something for which they should give extra marks, to use a crude expression? Is it the Minister's view that this would be acceptable?