Brendan Smith (Cavan-Monaghan, Fianna Fail)

I am glad to have the opportunity to inform the House of the intention to establish a joint committee of the Oireachtas, to be called the Joint Committee on the Constitutional Amendment on Children, to further the proposal to amend the Constitution in respect of children's rights.

The establishment of this important committee will be the latest in a series of key developments in improving the lives of children, which started with the publication of the national children's strategy in 2000. This was a ten-year action plan for children that set out a vision of an Ireland where children are respected as young citizens with a valued contribution to make and a voice of their own; where all children are cherished and supported by family and the wider society; and where they enjoy a fulfilling childhood and realise their potential. More specifically, the strategy committed to improving children's and young people's participation in decisions that affect them, research on children's lives, and supports and services for children.

The fundamental law of our land, the Constitution, or Bunreacht na hÉireann, should reflect our commitment to value and protect childhood. Provision must be made in our Constitution for children to be protected from maltreatment, neglect or abuse. The Constitution must require that, in appropriate circumstances, the welfare of the child be the paramount consideration. Over recent years, there have been calls from many quarters to strengthen children's rights in Ireland, including seeking an amendment to the Constitution to reflect the rights of children.

The Constitutional Review Group recommended in its report of 1996 that the Constitution be amended to include the welfare principle and to provide an express guarantee of certain other children's rights deriving from the United Nations Convention on the Rights of the Child. In January 2006, the All-Party Oireachtas Committee on the Constitution recommended in its review of the articles dealing with the family that a new section be inserted in Article 41 dealing with the rights of children.

In September 2006, my predecessor as Minister of State with responsibility for children, Deputy Brian Lenihan, led the Irish delegation at the UN committee hearing on Ireland's second report on the implementation of the United Nations Convention of the Rights of the Child which took place in Geneva. The committee expressed concern that some of the recommendations it had previously made had not yet been fully addressed, in particular those related to the status of the child as a rights holder.

Against this backdrop, the Taoiseach announced in November last year that a referendum on children's rights should take place. The then Minister of State with responsibility for children, Deputy Brian Lenihan, was asked to initiate a process of consultation and discussion with the other Dáil parties and with all relevant interest groups with the aim of achieving consensus on the wording of an appropriate constitutional amendment.

Following an extensive round of consultations, the Twenty-eighth Amendment of the Constitution Bill 2007 was published in February 2007 and it proposes wording to amend the Constitution in respect of children's rights. The Bill seeks to repeal Article 42.5 of the Constitution and insert a new Article 42A. The proposed text incorporates a number of separate proposals, covering areas such as the imprescriptible rights of the child, adoption, collection and exchange of information in relation to persons who are a risk to children, and absolute and strict liability in relation to offences against children.

The programme for Government agreed in June 2007 includes a commitment to "establish an all-party committee to examine the proposed constitutional amendment with a view to deepening consensus on this matter". I will be bringing proposals to Government shortly regarding the establishment of such an all-party committee. The priority is to agree on wording for our Constitution that will reflect the desire of the Irish people to establish robust safeguards for the rights and liberties of all the children of our nation. It is envisaged that the Twenty-eighth Amendment of the Constitution Bill 2007 will form the basis of the deliberations.

The power to change our Constitution rests with the people alone. Time and again, the people have demonstrated their strong attachment to the Constitution. As has been stated by my predecessor, the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, we should not underestimate the huge onus that rests on all of us who seek to strengthen the position of the child in our Constitution. The burden of persuasion in any referendum is a heavy one. It is all the greater when the proposal relates to the delicate and intimate relationships that exist between child, parent, family and the State.

I look forward to working with the committee and Members of this House to advance this important issue and, following discussions at Cabinet level, I will revert to the Houses with further proposals on this issue in the near future. I look forward to playing my part in a continuous drive towards an improved quality of life for all our children and I know I can count on the support of the Members of this House in moving towards that shared goal.

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