Mary White (Carlow-Kilkenny, Green Party)

I am pleased to be given the opportunity to speak on the extremely important issue of the constitutional referendum on children. The Government is committed to continuing to improve child welfare and protection in Ireland and sees a constitutional amendment as a key part of that improvement.

I emphasise that the provision of appropriate robust and responsive child welfare and protection services remains a key priority for the Government. Child welfare and protection services have come a long way, although there is still considerable progress to be made. There is a strong legislative and policy framework, which needs to be implemented in a co-ordinated way for the benefit of all vulnerable children. The Office of the Minister for Children and Youth Affairs has provided a cross-cutting structure that helps to promote a shared emphasis on improving children's lives in this country. I have no doubt that the Minister of State, Deputy Barry Andrews, will continue to ensure that the various agencies and Departments work together in a co-ordinated way to improve outcomes for children in Ireland.

Moving on to the referendum proposals, I congratulate the committee for its work. The fact that the committee recommended legislative solutions to two of the issues under consideration, namely, soft information and absolute and strict liability, was a very significant achievement, allowing us to deal with these difficult issues effectively. The Office of the Minister for Children and Youth Affairs and the Department of Justice, Equality and Law Reform are in the process of bringing forward legislation in respect of the first two reports of the committee, which dealt with these two issues. This legislation is being given priority by the Government.

With regard to the third and final report of the committee, the fact that the committee took eight months to produce its report, met on more than 62 occasions and received and dealt with 175 submissions gives some sense of the complexity of the issues being considered. I again express my admiration for the work done in this regard. Of particular importance, as the Minister of State, Deputy Barry Andrews, has already said, is the fact that the committee achieved cross-party consensus on such a complex range of issues. Many of the difficulties being addressed are contentious, which makes reaching consensus an even more impressive achievement of the committee.

The Minister of State, Deputy Barry Andrews, has dealt in some detail with the committee's proposals. I will refer to just some of the key points. The committee considered that the present constitutional framework in certain cases creates a difference in treatment between children of marital and non-marital families.

The committee was also concerned that where a family was found to be experiencing difficulties in the care and upbringing of their children there should be proportionate intervention by way of assistance and support; that only in cases where there is a genuine threat to a child's safety or welfare should the courts or the State be entitled to intervene; and that such intervention should be proportionate.

The committee considered that there should be specific rights attributed to children in the Constitution including the right to such protection and care as is necessary for his or her safety and welfare; the right to an education; and the right to have his or her voice heard in any judicial and administrative proceedings affecting the child having regard to his or her maturity.

With regard to adoption, the committee took the view that the proposals set out in the Twenty-eighth Amendment of the Constitution Bill were helpful. 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 the best interest of the child to be adopted.

The Minister for Health and Children, Deputy Mary Harney, presented a copy of the committee's third report to the Cabinet in March. Ministers were asked to consider the content of the report and revert with opinions and comments on the various recommendations. The Attorney General has been 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. I remind all interested parties that the committee took over two years to get to its current position. The Government will need some time to consider the full import of the proposal before committing to any timeframe.

The Minister of State, Deputy Barry Andrews, referred to the issue of potential unintended consequences arising from the wording of the referendum proposal. The Government, in putting forward a referendum to the people, needs to be absolutely clear on what are the implications of the proposal. The committee examined the issues forensically and over time, and the Government will give the proposals equally thorough consideration.

Much work is still required before this referendum will be ready to present to the people. Elements of the referendum, for example, those related to adoption, require legislation to be drafted prior to the holding of a referendum and to be available well in advance in order that people can clearly understand the implications of the proposals. Other aspects of the proposed wording may also require draft legislation and the Attorney General will be advising in this regard. The issues are complex and it is the Government's intention to ensure that clear and intelligible information is provided to the public in a timely manner.

All of these elements of the staging of a referendum will require time and planning. Any amendment to the Constitution is a major endeavour. In this case, where the issues are so complex, it is essential that the Government take the time to get it right. Until it is clear what, if any, issues need to be addressed, it would be foolhardy and premature to announce a date for a referendum. The Government is taking this seriously and will not pick a date for the sake of it. When this referendum is brought to the people, it will have been properly considered and all the issues dealt with.

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