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

I hear very clearly what Senator Ruane is saying and deeply respect the experience and context out of which she speaks, which adds power to her words. I cannot accept the amendment in its current form but there may be ways to see if we can ensure her concerns are met. I do not know yet.

"Supports" is a very broad term and could cover a wide range of services the majority of which are outside the remit of Tusla. Supports could include mental health services, addiction services, financial supports, housing, transport, disability services, education and employment, which identifies the difficulty. It is also not clear in the language what is meant by "reasonable effort" and how the Child and Family Agency would ascertain if that threshold has been met. At another, less practical, level but taking into account the policy intention of the Bill, the best interests of the child are the paramount consideration in adoption proceedings. This Bill strengthens the provisions around the best interests and hearing the voice of the child. The Senators' proposed amendment could be perceived to move from the current child-centred focus to a parent adult-centred one which is inconsistent with the policy intention of the Bill.There is also a risk that the amendment could be providing a statutory right to services for a limited cohort of parents which would be inequitable. In addition, the amendment, in this regard, and in light of some of the other points I have made, raises some legal and constitutional concerns, so consultation and formal legal advice from the Attorney General would then be required.