Dáil debates

Tuesday, 21 November 2006

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

I propose to take Questions Nos. 7 to 16, inclusive, together.

The Oireachtas All-Party Committee on the Constitution published its report relating to the family on 24 January 2006. The relevant Departments are considering its recommendations. The Government has acted on most of the key recommendations which have emanated from earlier reports of the All-Party Committee on the Constitution. In all this and the previous Government have held ten referenda. The Government will avail of appropriate opportunities to take forward further recommendations of the all-party committee. The complexities involved in holding a referendum require that careful consideration be given to the frequency with which referenda can realistically be held and the significance of the issues in question.

I announced on Friday, 3 November 2006 that a referendum on children's rights would take place. Our Constitution strikes balances between personal rights, the status of the family, the rights and duties of parents and the powers of the State as guardian of the common good. Constitutional change is now proposed to include children in this equation.

The Minister of State with responsibility for children has written to party leaders in the Oireachtas, the Ombudsman for Children and the Chief Executive of the Children's Rights Alliance and invited them to meet him with an aim to achieving consensus on the wording of an appropriate constitutional amendment. Until this process is completed, it is not possible to indicate when the referendum will be held.

The St. Andrews Agreement envisaged some form of electoral endorsement next March. The form that would take was not decided at that time as the legislation needs to go through the House. In the legislation published last week and following further contacts with the Northern parties and the Government, the British Government has provided that this will be by way of elections to the Assembly in Northern Ireland on 7 March 2007.

The Attorney General will advise the Government on any implications that may arise in this jurisdiction in the light of the final content of British legislation to give effect to the St. Andrews Agreement, when it is passed.

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