Bertie Ahern (Dublin Central, Fianna Fail)

Deputy Kenny asked three questions. The Twenty-Eighth Amendment to the Constitution Bill 2007, which deals with the constitutional amendment on children, was published last February. It was backed by a substantial amount of work done by the then Minister of State, Deputy Brian Lenihan, with the officials and various sections of the Departments across a whole range of areas. The issue involves children's rights in the Constitution under Article 40, personal rights under Article 41, family rights under Article 42, education under Article 43, private property under Article 44 and religion under Article 45, in addition to an enormous bank of legislation, including the Children Act, the Child Care Act, the Criminal Law Act, the Offences Against the Person Act and the Education Act. The Minister undertook the work and completed it. We had a referendum Bill and long consultations with the NGOs and we would have been able to complete the work fairly quickly. I thought it was a reasonable position to be in.

For a long time we have followed the practice of trying to have consensus around constitutional amendments. It was thought desirable that we should have an all-party committee to examine the proposed constitutional amendment with a view to deepening consensus on the issue. The committee said it would need four months approximately to do that — I would like to think that it could be done quicker if the committee met twice per week instead of once per week. I urge all of its members to do so. I have said to the Minister of State, Deputy Smith, that the committee could do it in a shorter time because a huge amount of the work, including the drafting of the entire Bill, has been done. Some changes to that might be necessary but if the committee shortens the time, it would be possible for us to try to move things forward.

If people need the time, it is because it is an important job in its own right and it should not be answerable to the fact that there is an EU referendum. It is a big task. I am not directly involved in it and people must make their own considerations. However, there is no doubt that, if they go to the end of April, draft a referendum Bill, amend the current one if they change their views on some of the considerations and set it all up, a date in the summer would be very tight. I can make up my mind in two minutes, but I would rather consult the other party leaders, including Deputies Kenny, Gilmore, Ó Caoláin and others, to see what people think. I would be glad to do so. We must set out a programme for 2008 and get on with it, but I do not want to make up my view and try to push it on anyone. I listen to the points of view of others.

On the Deputy's second point, most parliaments have their own systems. We are the only country that has both processes. As I continually remind my European colleagues, while they all have parliamentary ratification, we have their system of parliamentary ratification but we must consult the people as well. Our parliamentary ratification will be done earlier than most of theirs. Some of them might move quickly. I do not see why we should not have done our parliamentary ratification by the end of the spring session of the Dáil. The date to which most of them are working is 1 January 2009. Those who have told me that they have a definite plan tend to operate more towards their parliamentary summer sessions because they will probably have it in front of their committees for some time.

As the Deputy knows, since we discussed this question on Leaders' Questions or on the Order of Business last week, the Danish Parliament has decided, having examined it thoroughly and comprehensively, that there is nothing in it that requires a referendum. It seems, therefore, that we will definitely be the only country to have a referendum. On previous examinations, the Danish Parliament was quite near to us, but this time it says there is nothing that would require a constitutional referendum. It has ruled it out 100% in 100% of cases. It will decide sometime during the summer or autumn. That is the position.

On the Deputy's last question, I do not know what it entails but anything that would protect the best interests of children, either in the Constitution or legislation, should be taken into account and I would be prepared to examine such a proposal. In the Children Court and the myriad legislative measures there is a requirement for us to tidy up these issues. Subject to what the Deputy has in mind and having it examined, I would be in favour of anything that would help to safeguard our children.

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