Eamon Gilmore (Dún Laoghaire, Labour)

The Tánaiste, in reply to Deputy Kenny, stated that the issue of the holding of a referendum on the rights of children is the subject of Private Members' business tonight. I am looking at the Government's proposed amendment to the motion that will be proposed by Deputies Howlin and Ó Caoláin. That amendment asks the House to commend "the Government for prioritising the promotion and protection of the welfare and rights of children". This is an unfortunate clause, given that the amendment opposes the holding of the referendum in 2010. The motion before the House calls for the referendum to be held in 2010 and for the Government to introduce the necessary legislation. It is doubly unfortunate and insensitive to have an amendment of this kind put on the Order Paper immediately after the discovery of the body of the late Daniel McAnaspie, who died in tragic and unfortunate circumstances. It is particularly insensitive, given that we have been told the inquiry into his death will apparently be conducted by a panel of experts that has not yet been established.

The issue of a referendum on children's rights was agreed by the all-party committee. Deputy O'Rourke made her report to the House and it was agreed across parties that this issue should not become the subject of partisan debate. If the Government will agree to hold the referendum in 2010, we will agree on the motion. All we want is a commitment from the Government to hold the referendum in 2010. There is no reason for the Government not to agree other than its political reasons, namely, if there is to be a referendum on children in 2010, the Government is afraid that it will not be able to avoid holding the outstanding by-elections in 2010.

All we need, rather than this self-congratulatory and insensitive proposal from Government commending itself on prioritising the promotion and protection of the welfare and rights of children, is an agreement and commitment from the Government that the referendum will be held in 2010. We can then agree the motion before the House tonight.

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