Fintan Warfield (Sinn Fein) | Oireachtas source

I am very pleased to support this progressive Bill. As has been outlined by Sinn Féin in the Dáil, it legislates for what is in the best interest of the child and modernises a system that previously held archaic and restrictive barriers. It is the view of Sinn Féin that any adoption system must embrace a more modern and progressive view of the family. Throughout the State's history with regard to adoption, the moral diktat of the church-State relationship endeavoured to protect the nuclear family model. Non-traditional families were not appreciated or considered and were met by stigmatisation. This was, as we know, was institutionalised in the Magdalen laundries and mother and baby homes and was State policy even in the Adoption Act 1952, which legally branded children born outside wedlock as "illegitimate". "Illegitimate" people were banned from joining the Garda Síochána by the State and banned by the church from becoming priests without special papal dispensation. This clause was only removed in 1987.

The disparity in application of equal family rights has been to the fore in recent years, not only with the children's rights referendum campaign but also with the civil marriage equality referendum, which highlighted a legal discrimination in terms of guardianship, kinship, succession and shared parental rights. Not so long ago, same-sex couples were restricted from marrying but also from adopting children as a couple and having full and equal legal protection as a family. I welcome the amendments to the Children and Family Relationships Act 2015 which seek to remedy this. I also welcome the provision that removes the barriers which require a birth parent to adopt alongside a step-parent who wants to adopt their spouse's child. Furthermore, the extension of the adoption age from the age of seven to 18 and the removal of criteria that only allowed for adoption in exceptional circumstances have our full support.

The extension in powers of the High Court to further grant parental consent in situations where it is required and in the interests of the child strengthens children's rights and family rights. The broadening of the criteria in respect of adoption opens up many avenues to loving families, in whatever shape or form they may take, to have the opportunity to display their ability to look after a child and raise them to become an adult with the love and care they deserve and with their best interests at heart. This Bill goes a long way to dispelling the notion that a family in Ireland is a nuclear family. The family in all its function and dysfunction is diverse and takes many forms. There is no single proposition for the family. Where the rights and care of the child are paramount, the State should endeavour to support that family, the children and the parents. The outdated and regressive view of the nuclear family has been destructive to Irish society and the biggest losers in that equation were children.

Should the Bill pass, many unnecessary obstacles will still exist for prospective parents, including legal costs. Those who can adopt are stifled in their care for that child as hefty legal fees must be repaid. Sinn Féin proposed an amendment to aid foster parents with this cost when it went through the Dáil only for it to be ruled out of order. I ask the Minister to propose this amendment as it is logical and fair and would greatly improve parental prospects for so many loving people.I also ask the Minister to make the tabling of the Adoption (Information and Tracing) Bill 2016 a top priority of her Department. I understand the Bill is ready for introduction to the Dáil. I do not need to emphasise the importance of reuniting relatives but I ask the Minister to consider the great impact it will have on many mothers and children who were separated that would benefit from such a Bill. For the most part they are elderly and wish to be able to be reunited as soon as possible.

The Bill before us is a follow-up to the children's rights referendum in 2012 on the thirty-first amendment of the Constitution, in which the rights of the child became part of the fabric of society and the Constitution. The referendum and this legislation require that the best interests of the child be considered paramount. The Bill must be commended for the vast improvements it makes and I have no doubt numerous children will benefit from the Minister's work along with that of her predecessors. However, Sinn Féin has some concerns and I feel there is a bit more to be done. We will be happy to contribute in that regard. Overall, Sinn Féin is happy to support the Bill and we encourage the Minister in her efforts. We reserve the right to propose amendments at later Stages. I hope the Minister will take our suggestions on board. I commend the contribution from Senator Boyhan.