I move amendment No. 80 :—
In subsection (1), paragraph (b), line 46, to insert "or the Minister" before "for".
SECTION 76.
If the Deputy wishes me to accept the amendment, I will do so.
Amendment agreed to.
I move amendment No. 81 :—
In sub-section (2), page 43, line 52, before "be" to insert "in addition to the ordinary meaning".
The amendment proposes that the definition shall read:
" In this section the word ‘ parent ' . . . . . . shall be, in addition to the ordinary meaning, construed in accordance with the following conditions:— . . . . ."
If it will help the Deputy, I will say that I can sympathise with him in thinking that the ordinary meaning of the word "parent" is excluded in this very exhaustive definition. However, I am assured by the legal advisers, who have again been specially consulted since the amendment was received, that the definition does include the ordinary meaning, that it is necessary and that is is adapted from the School Attendance Act, 1926. In the light of that advice, I do not think the Deputy will press the amendment.
There is only one thing in favour of what the Deputy says. If you are relying on a statutory provision of that nature, then if somebody amends another Act you might find yourself in the air with this Act. Is there any danger of that happening ?
I do not think so. Any person who is the legal guardian would be recognised as the parent for the purposes of the section.
I got the impression, reading this section, that while people who are declared to be considered parents for the purpose of the section would have certain rights, the actual parent would not have the right. It was for the purpose of trying to ensure there would not be that hiatus or gap in regard to the actual parent that I put down the amendment.
Following the putting down of the amendment, we had it carefully examined.
If the Minister is satisfied on legal advice that it does include the actual parent, I accept that.
Amendment No. 81, by leave, withdrawn.
Section 76, as amended, agreed to.