Michael Kennedy (Dublin North, Fianna Fail)

I welcome the opportunity to speak on this important issue and I congratulate the Labour Party for bringing it before the House. I also congratulate Deputy O'Rourke and the other members of the Joint Committee on the Constitutional Amendment on Children, including Deputies Howlin, Shatter and Ó Caoláin, in addition to the Minister of State, Deputy Barry Andrews, and his predecessor, the Minister, Deputy Brendan Smith. The committee held 62 meetings and received more than 175 deputations. I am not a member of that committee but I understand the Minister of State attended many of those meetings, which shows his commitment and that of the Government. We are all at one on this matter. It is great that there has been cross-party agreement on how to move forward. I hope we will continue to have such agreement and, even though we will have a division here tonight, we all recognise that we want that referendum to be held. We all respect the concept of improving and underpinning children's rights. Whether one is young or old, one can appreciate that.

A number of separate Bills will be needed to deal with the referendum, including the Adoption Bill. Those have to be passed, but by their very nature that will cause some delay. The old maxim has it that rushed legislation is often bad legislation. I do not want people in future to criticise a decision taken in 2010 when I was a Member. I want to ensure that we will get it right, so it will stand the test of time.

We should acknowledge that three or four Departments are involved in this process, including the Department of Health and Children, the Department of Education and Skills, and the Department of Justice, Equality and Law Reform. It is not necessarily a simple thing to achieve co-ordination. Lest the public say that this is a problem for the Minister of State, Deputy Barry Andrews, it is a bigger issue which involves other Departments. In that context, it should be acknowledged that there may be delays.

I spoke to the Minister of State about this and have also mentioned it to the Taoiseach in passing. I know there is a commitment to have this referendum and get the legislation passed. The report was only given to the Government in March, and the Attorney General is now considering it. He will offer his advice to the Minister of State and other Ministers. Given that the committee took two years and three months to reach a final conclusion, it is unreasonable to suggest that we should be able to hold a referendum overnight, just two months after the report was sent to the Government. Nonetheless, there is a total commitment by the Government to hold a referendum.

Organ donation is an issue close to my heart. The Minister for Health and Children, Deputy Harney, is dealing with various options in that regard. My preferred option is the opt-in organ donation and I understand that would also involve a referendum. Perhaps we could hold both referenda on the same day. The organ donation issue is not as advanced at the issue before us, but we should use the opportunity to get as much passed as possible on one day.

I extend my sympathy to the family of Daniel McAnaspie. It is a horrendous situation and everybody in this House shares that family's grief. We wish it had never happened but, as other speakers have said, we are dealing with human nature. I hope such a situation will not recur.

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