Seán Haughey (Dublin North Central, Fianna Fail)

I thank Members for their contributions to this constructive and well informed debate. It is a timely discussion given the many issues that have arisen in the past two weeks in respect of children and their care. I thank the Chairman of the Joint Committee on the Constitutional Amendment on Children, Deputy Mary O'Rourke, and the other committee members for the hard work and expertise they have brought to bear in the past two years in the preparation of this report and the previous two reports. As other speakers said, Deputy O'Rourke has brought great skill and compassion to this task, as is evident in the final report.

I am pleased to have this opportunity to address the initial response of the House to the third and final report. The two interim reports, on soft information and absolute and strict liability, respectively, made recommendations in regard to legislative solutions to those issues. Both the Office of the Minister for Children and the Department of Justice, Equality and Law Reform are in the process of bringing forward legislation in respect of the first two reports. In regard to the third and final report of the committee, this House and the Seanad have indicated that time will be required for a full consideration of the family law issues raised in the proposed amendment, namely, the rights of children; intervention of the State on a proportionate basis where the parents have failed in their responsibility towards children; involuntary and voluntary adoption of children; and children's interests to be paramount not just in judicial proceedings but in "the resolution of all disputes", including determination of the broad issues of "care" and "upbringing".

The committee considered that the current constitutional framework creates, in certain cases, a difference in treatment between children of marital and non-marital families. The committee was also concerned that where parents were found to be experiencing difficulties in regard to the care and upbringing of their children that there should be proportionate intervention by way of assistance and support. The committee is of the view that it is only in cases where there is a genuine threat to a child's safety or welfare that the courts or the State should be entitled to intervene and that such intervention should be proportionate.

The committee considers that there should be specific rights attributed to children in the Constitution, including the right to such protection and care as is necessary for their safety and welfare, the right to an education and the right to have their voice heard in any judicial and administrative proceedings affecting them, having regard to their maturity. With regard to adoption, the committee took the view that the proposals set out in the Bill currently before the Oireachtas are helpful. However, it voiced its concern that children who are currently in long-term foster care may be precluded from adoption by their foster family where it would be in their best interest to be adopted.

The Minister for Health and Children presented a copy of the committee's third report to the Cabinet last week. Ministers were asked to consider the content of the report and to revert with opinions and comments on the various recommendations. The Taoiseach has outlined to the Dáil that the Attorney General will be asked to examine the constitutional ramifications arising from the proposals contained in the report. There have been calls to commit immediately to a timeframe for a referendum. We must bear in mind that the committee took more than two years to get to its current position, after much discussion, debate and consideration of submissions from interested parties. It has taken time to get to where we are and we should not now rush into a referendum without considering the various issues that have been drawn to our attention. As such, the Government intends to proceed cautiously in considering the full import of the proposal before committing to any timeframe.

Further work is required before this referendum is ready to be presented to the electorate. Elements of the proposal, for example, those related to adoption, require legislation to be drafted prior to the holding of a plebiscite. Other aspects of the proposed wording may or may not require draft legislation, depending on the advice of the Attorney General. It is the Government's intention to ensure that clear and intelligible information is provided to the public in any referendum campaign. All of us in this House have learned from past mistakes in terms of the conduct of certain referendum campaigns. These are complex issues and it is important that the public has as much information as possible. The House might give some time and reflection to considering how the referendum campaign can be promoted and support won for the proposal. We are all aware from experience that certain issues need to be teased out comprehensively if we are to be confident that the electorate will accept a proposal put forward by the Government and the Oireachtas. All of these elements of the staging of a referendum will require time and planning. The Oireachtas carries a significant responsibility in seeking to ensure that children are properly valued and protected in our society.

Deputy Coveney referred to the number of young Chinese girls who have gone missing in the State. The Minister is aware of the situation and has received a report in this regard from the Health Service Executive. The Garda National Immigration Bureau is investigating the case of Ms Li Chen as part of a broader review of the issue. An Adjournment debate on this matter took place last night during which reference was made to the specific issue of Chinese people entering the State. The age of these girls is not certain but will be investigated in the context of the investigation by the Garda National Immigration Bureau. I assure Deputy Coveney that this matter is being actively pursued.

As I said, we have had a constructive and timely debate on this issue. I thank the committee once again for its tremendous work in preparing its third report. There is a requirement for debate in the broader public domain in order to explain the complex issues and to advance this agenda. I am pleased to conclude the debate on behalf of my colleague, the Minister of State, Deputy Barry Andrews.

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