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Dáil Éireann debate -
Tuesday, 21 Nov 1978

Vol. 309 No. 8

Ceisteanna—Questions. Oral Answers. - Adoption Laws.

10.

asked the Minister for Justice if he has concluded his consideration of the problem of the amendment of the existing defects in our adoption laws, with a view to introducing amending legislation for their improvement.

If the Deputy is referring to the possibility of an amendment to the Constitution in relation to adoption, the position is that I made a statement in the matter in this House on Tuesday 24 October 1978. I said that I hoped to be in a position to put forward proposals for legislation at an early date to safeguard adoption orders from the danger of being declared to be invalid because they were made by a board and not by a court. I have nothing to add to that at this stage.

That apart, I am not aware that it has been demonstrated that there are defects in the Adoption Acts that ought to be remedied.

Could the Minister say if the new law is likely to be introduced this session?

I am fairly confident that the legislation will be circulated this session and will be introduced.

Would the Minister say if he had clear legislative proposals with the Government before he came into the House on 24 October 1978 and made that statement, or afterwards?

When I am ready to introduce legislation for which I am responsible I shall bring it to the House.

Can the Minister, at this stage, give an indication as to whether the proposed legislation will involve a referendum?

I say with all sincerity that I hope to be in the House in a very short time, definitely before Christmas, with the legislation. The Deputy will appreciate that it is and has been the practice that the contents of legislation are not made known until the Bill is circulated.

I appreciate that. I am not seeking to know the contents but the major issue of a referendum is not a matter of content, surely. Could I ask the Minister to give an indication since very many people are interested in this?

I fully accept that and what is involved in the whole question but the Deputy knows that if I answer these questions I would be clearly indicating the primary purpose of the Bill.

Does the Minister accept that the nature of the concern that exists will be very difficult to alleviate by any legislation which could be tested in the courts and that anything short of a referendum could hardly allay the concern that exists?

I can assure the Deputy, as I have assured the House, that I am quite conscious of the seriousness of the problem and that I shall take every step necessary to ensure the validity of the adoption orders that now have question marks over them.

May I again draw attention to the fact that it is practically impossible to hear what is going on up here. The sound reinforcement system amplifiers do not seem to be operating?

Following the Deputy's previous reference to this matter we asked the technicians to look at them.

For the last four years they are being repaired but, with all due respect to the Chair, very little seems to have been done about it.

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