Catherine Noone (Fine Gael) | Oireachtas source

I welcome the Minister and the Bill before the House. I also commend Senator Boyhan and thank him for sharing his personal experience. I found his speech very touching and I feel like a bit of a bore speaking after him because what he had to say will be much more meaningful than the result of my examination of the Bill and some of its interesting provisions.

The Bill is the result of the referendum on children's rights, which many of us will remember because in some ways it was sidelined by the referendum on Oireachtas inquiries held at the same time. Certain referendums often receive greater emphasis on the day. However, we cannot emphasise enough the importance of the provisions of this Bill. This is open and forward-thinking legislation which provides a robust legislative basis for adoption. I have some additional suggestions and comments which I will make before I conclude.

As the Minister stated, the primary purpose of the Bill is to give legislative effect to the Thirty-first Amendment of the Constitution, which inserted Article 42A in the Constitution. I welcome that the Bill treats all children equally regardless of the marital status of their parents, allows for married parents to consent to and voluntarily place their child for adoption and standardises the threshold to be met before an adoption order can be granted. Other features of the Bill which I welcome relate to step-adoption and the extension of eligibility to adopt to civil partners and same-sex couples. It is crucial that all aspects of family law keep up to date with different family formations, as Senator Clifford-Lee stated. The legislative changes arising from Article 42A of the Constitution and provided for in the Adoption (Amendment) Bill include providing that married couples may place a child for adoption on a voluntary basis in circumstances where both parents place the child for adoption and where both parents consent to the making of the adoption order. It also provides for revised criteria so that where an application to adopt is made in respect of a child in the custody of and who has had a home with the applicants for a period of at least 18 months and where the child's parents have failed in their parental duty, as the Minister has discussed, the High Court may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child. The Bill also provides that the best interests of the child is the paramount consideration in respect of any matter. In respect of applications or proceedings under the 2010 Act, the views of the child shall be ascertained by the Adoption Authority or by the court as the case may be and shall be given due weight having regard to the age and maturity of the child.

In addition to the legislative changes arising from the children's rights referendum, the Bill also makes a number of other significant changes. The Minister has already spoken about each section but I will discuss a few of the more significant changes this legislation will bring about. Provisions providing for the adoption of a child by civil partners and cohabiting couples are being made in the Bill by way of bringing forward the relevant section from Part 2 of the Children and Family Relationships Act 2015 into the Adoption (Amendment) Bill 2016. I welcome the fact that Part 2 of the 2015 Act requires amendment in order to ensure that the 2010 Act adequately protects the rights of those persons who consent to an adoption and generally ensures a robust legislative basis for an adoption. This drafting approach will assist in achieving clarity and coherence in adoption legislation with the added benefit of providing for adoption law in adoption Acts.

I welcome the fact that the Bill also provides for the adoption of a child by their step-parent without requiring the child's other parent to adopt their own child. Previously, if a step-parent wanted to adopt, both the child's parent and the step-parent had to apply to adopt and the parent became an adoptive parent. Under this Bill, the parent will continue to be a parent and the step-parent will become an adoptive parent.

Section 45 of the Adoption Act 2010 provides that where a child's adoptive parents have died, a further adoption order may be made in respect of the child and that for the purposes of the order, the child should be taken to be the lawful of the deceased adoptive parents. I welcome the fact that this Bill amends section 45 of the Adoption Act 2010 to provide for that.

Most importantly, in respect of the best interests and voice of the child, the Adoption (Amendment) Bill amends section 19 of the Adoption Act 2010 to reflect the Thirty-First Amendment of the Constitution regarding the best interests of the child. In determining what is in the best interests of the child, the authority or the court shall have regard to all of the factors or circumstances it considers relevant to the child who is the subject matter of an application or proceedings concerned. These include the child's age and maturity; the physical, psychological and emotional needs of the child; the likely effect of adoption on the child; the child's views on their proposed adoption; the child's social, intellectual and educational needs; the child's upbringing and care and relationship with their parents; and any other circumstances pertaining to the child. Regarding the voice of the child, the court or authority will guarantee that informed views are expressed. We must ensure that children are provided with clear explanations and information about adoption covering each individual stage of the adoption process.

The Adoption (Information and Tracing) Bill 2016 is intended to facilitate access to adoption information and provide a statutory basis for the provision of information related to past and future adoptions. It will provide clarity around the information that can be provided and the circumstances in which it can be provided. This provision is long overdue. We must learn from the pitfalls of a closed adoption process that has long operated in Ireland and has posed countless problems for adopted people when gathering information about their origins.

Is the Minister considering implementing a resourcing plan for this legislation given that the number of adoptions that go through the Adoption Authority could dramatically increase? The Bill has further resource implications for Tusla. As such, additional staff will be required to ensure all parties receive the best support possible. Are those extra resources available? This Bill provides that adoption now becomes a real option for some children in long-term care. As such, it is imperative that judges are trained. I feel passionate about this because I have spent time in family law courts. As is always the way in a legal case, one is in the hands of the judge before which one appears. If we are going to have more cases like that before the courts, it is important that training be provided because the decision is lifelong.

From a practice perspective, there is an additional requirement of adoption and post-adoption services for both sets of parents such as advice and counselling as well as for the children and young people involved. I commend the Minister and her Department for their work on the Bill. The Minister's passion for the area is clear. I support the Bill and commend it to the House.