Pat Rabbitte (Dublin South West, Labour)

I wish to raise the 28th Amendment of the Constitution Bill, which I received this morning. Other Deputies would have received it somewhat earlier. What clarity can the Taoiseach provide on its processing from here?

I understand there are seven propositions encompassed by the Bill. There are actually eight but one is the simple transfer of a section from the existing article of the Constitution to the new proposed article. Of the seven propositions, two are related to criminal law, with the other five related to issues of the upbringing or custody of children, welfare, care, guardianship, adoption etc.

Does the Taoiseach accept that these are two easily distinguishable and separate issues? One issue relates to criminal law and the protection of children from sexual predators and the other relates to the welfare of children. One has been the subject of detailed examination by the All-Party Committee on the Constitution. There is a consensus on the question of the zone of protection for children among all parties in the House.

The other five proposals have not been the subject of any such discussion, although there is a necessity to tease out their implications. They are complex and there has been no national debate, which would appear to be required.

I remind the Taoiseach of the Whitaker review of the Constitution in 1996 when the question of a prohibition on two different questions of substantive different effect was discussed. Consideration was given as to whether it was permissible or if there should be a prohibition on two such different questions being taken in a single vote. The review of the Constitution concluded it could rely on the good sense of the Oireachtas to separate two such distinct issues.

When my colleague, Deputy Howlin, was being briefed by the Minister of State with responsibility for children, it was also Deputy Brian Lenihan's view. It was certainly his view in 2001 when he was chairman of the All-Party Committee on the Constitution. As I understand, he has been stating he has an open mind on that issue.

We have not had the opportunity to discuss this in the House. The Labour Party agrees to proceeding as soon as possible with the absolute zone of protection for children and allowing adequate time for a national debate on the other five matters, which would make sense. This could be done in conjunction with the general election, for example, or sooner if the Government so wishes. We should take the issue and dispose of it as all parties in this House are agreed on the necessity to protect children in those circumstances and allow an opportunity to debate the other bundle of issues.

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