Jerry Buttimer (Cork South Central, Fine Gael)

In welcoming the opportunity presented by the Private Members' motion to debate the issue of adoption and children's rights, it is important to remember that although this is the first, it will not be the last time that we will debate these issues in this Dáil. These complex issues touch upon the social fabric of society and highlight the delicate interplay of the Constitution, legislation and the day-to-day realities for many people. It is important we take our time and that we get things right and do not have to return to the issue. I welcome the Independent Members here tonight in support of this Bill and hope that the amendment will have cross-party and Independent support.

The approach taken by Members on the opposite side appears to deal solely with the constitutional position of adoption, without reference to the rights of children, parents, families, foster parents or the other rights touched upon by the proposals. The deliberate slow and tedious cross-party approach taken by the Oireachtas over the past four years in dealing with the issues of children's rights is a recognition of the complexities which must be overcome. I agree with the Minister's proposals that the most prudent way of dealing with the issues of children's rights is in a comprehensive manner in a stand alone referendum that is not tied up with a presidential election. Addressing these issues in a piecemeal fashion does no service to the children, parents or families affected. Their interests are best served by a Government committed to the rights of children, the Government we have now that has established a dedicated Department of Children and Youth Affairs and which is committed to holding a referendum on children's rights. We are not talking about words or slogans here, but about action.

Our constitution is interpreted by the courts as a dynamic living document the articles of which can be interpreted in the social context at the time of a judgment. For these reasons, we must be careful in amending it and must try to ensure that in years to come, long after we are gone, our decisions do not have unintended consequences. We have seen what has happened over the years when governments have courted populism and we must avoid such consequences. Our Constitution places the marital family in a position of elevated protection, a status that reflects our historic development and the importance which society places on the raising of children. This importance was recognised by the All-Party Committee on the Constitution when it recommended an amended Article 42. The proposed amendment recognised the paramount importance of the welfare and best interests of children and the rights and responsibilities of parents. Balancing these competing rights is the reason bringing forward a constitutional amendment takes time. It is also the reason the Minister will take her time. She is not a Johnny come lately and to this. In her work in the Seanad as Fine Gael leader and spokesperson on health and in her work on the committee over the past three years she has played a dynamic pioneering role.

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