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

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 respect of any matter, application or proceedings under the Adoption Act 2010 before the Adoption Authority of Ireland or any court, as the case may be, the best interests of the child shall be regarded as the paramount consideration and that in respect of any child who is capable of forming his or her own views, the child's views should be ascertained that and such views shall be given due weight, having regard to his or her age and maturity.

Priority is given by the Adoption Authority of Ireland, the Child and Family Agency and the courts to cases in which a child is older to ensure the adoption process is completed before he or she reaches the age of 18 years. There is no evidence to suggest a provision in that regard is required. However, a number of Members, including some of the Senator's colleagues in the Dáil, have raised concerns that while this may not have happened to date, it could possibly happen in the future. The Senator has, therefore, called for a strengthening of the procedures involved. Having given careful consideration to the concerns raised, I agree that the procedures involved in such cases should be strengthened. I committed in the Dáil to requesting that the Adoption Authority of Ireland to prepare a proposal, in consultation with 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 chairperson of the board of the Adoption Authority of Ireland on the matter. The chairperson has advised me that the authority has been liaising with Tusla on the issue and that a new protocol has been established to strengthen the management of all cases in which an adoption application concerns a child aged 16 years or over. There is no evidence that what is envisaged has happened in the past. What we are doing is asking the Adoption Authority of Ireland and Tusla to identify and put in place a protocol to ensure the management of cases in order that those children who are older will be prioritised and adopted prior to reaching 18 years of age.