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Dáil Éireann díospóireacht -
Thursday, 1 Dec 1983

Vol. 346 No. 5

Ceisteanna—Questions. Oral Answers. - Working Party on Adoption.

4.

asked the Minister for Health when the working party on adoption is expected to report; when its report will be published; if its recommendations will be included in the proposed Children Bill; and when the Children Bill will be published.

I expect the Review Committee on Adoption to report early in the New Year and I intend, with the permission of the Government, to publish it as soon as I receive it.

The decision as to whether any necessary changes in the law relating to adoption will be provided in the Children Bill or in separate legislation will be dependent on the extent of the legislation changes proposed by the committee and on the progress which will have been made in the meantime on the preparation of the Children Bill.

The present position in relation to the Children Bill is that my Department has almost completed an extensive redrafting of the general scheme of the Bill to take account of my own views and preliminary comments of other relevant Departments. The revised scheme will be recirculated to the Departments concerned immediately after Christmas and, assuming that no major difficulties arise, I would expect to submit the Bill to the Government by the end of February.

The Deputy will appreciate that, once Government approval has been obtained, the drafting of the Bill by the parliamentary draftsman is likely to take some considerable time because of the extent of its provisions. In the light of this, I am not in a position to say when the Bill will be introduced in the House but, I would like to assure the House that I will do my utmost to expedite the introduction of this important measure.

I appreciate that the Minister acknowledges and understands the urgency of this matter. Might I draw to the Minister's attention the fact that a new Children Bill has been promised not merely by himself but by his many predecessors for over a decade now? Is the Minister in a position to indicate when such Bill will be published and circulated — hopefully at the very least before the Easter recess — or will publication of this Bill take place some time before the end of 1984?

I can assure the Deputy that I am bringing every pressure to bear, both within my Department and in my relations with other Government Departments, to have the Bill presented as rapidly as possible. In the past week I have taken further measures of a consultative legal nature to expedite some of the problems which have arisen in relation to the Bill. It is a very extensive Bill and one which, if I may repeat, I had to start from scratch when I took over.

Is the Minister in a position to indicate whether this Bill will deal with the change in the law to abolish the concept of illegitimacy, or will that be done in a separate Bill emanating from a different Department? Will it be within the ambit of the new Children Bill or not?

As of now, it would be the Government's intention that it would be dealt with on a separate basis.

Can the Minister say whether or not the new Children Bill will increase the age of criminal responsibility, which is now at the appallingly low level of seven years? The fact that children in Ireland have no rights, that the rights of their parents take precedence, is a disgrace. I hope it will become a top priority of Government and that, as Deputy Shatter said, we shall have the Bill in the House before the Easter recess.

I can assure the Deputy that the Bill will encompass the raising of the age of criminal responsibility. I have proposals to put before the Government in that regard.

Did I understand the Minister to say that he was starting from scratch on a new Bill? Is he not accepting all the work done by his various predecessors in the Department of Health?

Having examined the memorandum which had gone to Government, on reflection I decided that I should withdraw it from Government when I took over. I withdrew the memorandum because I did not consider that it was adequate in terms of a memorandum and I had to recommence the drafting of the Bill.

I should like to say that I feel, as Ceann Comhairle, that a question like this does not afford a platform for a Committee Stage debate on a Bill that has not been introduced, and that is really what has been done.

I think it was an appropriate question to ask the Minister seeing that he himself raised the question.

My remarks were not directed to any particular Member of the House — it was a general statement. If a statement about a Bill, when or if it will be introduced — if that is to form the basis for practically a Committee Stage debate, it is ridiculous.

When the Bill would be introduced was included in Deputy Shatter's question.

Yes, it would, but then one does not go on to ask what would be in a certain section, how many sections it will have and so on.

The Minister brought that up.

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