Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I thank Senator Warfield for noting my reference to it in my Second Stage speech. I am always very happy to look at these issues again particularly in debate in this House. Since working through and responding to this amendment in the Dáil, actions have taken place which I can refer to in light of the concerns raised about this and the other amendment. It is right and proper that the issue be raised. As the Senator is aware, there are ways of resolving or acting on issues raised other than in the context of changing the law, that is, by accepting the amendment in a way that would be equally as effective and acceptable in the context of the law, as I will explain.

The primary purpose of the Adoption (Amendment) Bill 2016 is to give effect to Article 42A of the Constitution, in so far as it relates to adoption. In particular, the Bill provides for the adoption of any child, regardless of the marital status of his or her parents and that in any matter, application or proceedings under the Adoption Act 2010 before the Adoption Authority of Ireland or any court it shall regard the best interest of the child. It is really important that we remind ourselves of that particularly in the context of these amendments. It is about regarding the best interests of the child as the paramount consideration in the resolution of such a matter and, in respect of any child who is capable of forming his or her own views, ascertaining the child’s views. Such views shall be given due weight having regard to the age and maturity of the child. That is the opening and the context. I will now go to the substance of these amendments.

Priority is given by the Adoption Authority, the Child and Family Agency and the courts to cases where a child is older to ensure the adoption process is completed before the child reaches the age of 18. There is no evidence to suggest that a provision in this regard is required. However, a number of Deputies raised concerns that while this may not have happened to date, it could possibly happen in the future and they called for a strengthening of the procedures involved. I heard Senator Colm Burke's comments on Second Stage. I invited Senators to come forward with any information but none has come forward so far.

After giving careful consideration to the concerns raised, I agreed that the procedures involved in such cases should be strengthened. I committed in the Dáil to request that the Adoption Authority prepare a proposal, in consultation with Tusla, the Child and Family Agency, for inclusion in its business plan to address this issue. I am pleased to inform the House that I have written to the chair of the board of the Adoption Authority on the matter and have been advised that the authority has been liaising with the Child and Family Agency on this issue and a new protocol has been established to strengthen the management of all cases where an adoption application concerns a child aged 16 or over. For these reasons, I do not intend to accept this or the other amendment.