Seanad debates

Tuesday, 13 June 2017

Adoption (Amendment) Bill 2016: Report and Final Stages

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I will be very brief. I speak in support of my colleague. It is regrettable that we are looking at the direct removal of an amendment passed and agreed by this House. It would have been different if the Minister had come with an alternative amendment. I believe that an alternative amendment was drafted at one point and it is regrettable that that was not put forward. That would have been more useful as an approach, perhaps it might be useful in the Dáil. I do not find it appropriate that we would remove an amendment that had been put forward by this House. There have been great efforts to try to come up with something substantial.

We need to be very clear, it is not the proposal brought in by my colleague that is unusual. The Minister suggests that the adoption process would somehow be hugely changed and compromised by this new measure. The change that is happening here, in this legislation, is a radical change, allowing for the waiver of parental consent. It may be very positive in many situations. It is, however, a radical change and the forces introducing this radical change are the Minister, her Department and this legislation. That is why there is an onus to ensure that we get this right, that we strike the right balance and that we do not have unforeseen consequences.

Let me be clear, this is not saying that adoption is going to constrained. The best interests of the child are very clearly made paramount and are paramount throughout the legislation. That is in no way affected or compromised by the amendment inserted by this House. What is required, however, in putting forward this radical proposal to withdraw the requirement for consent, is that basic checks and balances be put in place. These would be to ensure that the decision to withdraw parental consent is not taken lightly or without evidence put to the satisfaction of the organisation. The amendment is mildly worded. What is important is that those concerned would be able to give an account that they have considered these issues appropriately.The amendment is beyond reasonable. Again, I am sure the detail can be nuanced in the future but we should not be in a position to withdraw this amendment at this point.

Comments

No comments

Log in or join to post a public comment.