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

All I am saying is that this is the process of law making we follow. Obviously, I made every effort on the basis on the legal advice I had and worked with my officials to come back with something different. As the Senator is aware, we went through a number of iterations. Ultimately, we had to move forward to something that is effectively broader and affects all cases, not just cases which will lead to a section 54 application. It emphasises a partnership between the parents of the child and Tusla. I also note that the amendment that was passed on Committee Stage also concerns Tusla having to do something.

Some of the arguments that have been put forward relate to the lack of capacity of Tusla. I am issuing a ministerial direction to Tusla to do things it has to do. Tusla has to come back and demonstrate to me that it does these things. I note that some of the arguments the Senator has put forward are made on the basis of what an agency has to do so that there is also a question about whether, in general, it has the capacity to do so. I completely understand the Senator's objectives and the arguments put forward. I am rejecting some of those in terms of the way they are made. I am simply saying that what I am putting forward will achieve the same objective but for a wider number of cases and that it is a better way of making law.