Brian Cowen (Laois-Offaly, Fianna Fail)

I want to put on record again the Government's appreciation of the work done by the joint committee. The committee assisted greatly in ensuring political consensus on the policy objectives of the referendum. The Government has a duty to consider the implications of the proposed wording put forward by the committee and to fully understand exactly what is involved. The Government has to be satisfied that the acknowledgement of children's rights as enunciated in the proposed constitutional amendment meets the policy objectives. We must also ensure that the constitutional language used provides the necessary clarity. In particular, the Government must ensure there are no unintended consequences arising from the proposed wording. The important matter here is that we get this right. None of us wants to find himself or herself back here in a year's time trying to undo unintended consequences which could arise if the full implications of the proposed wording are not properly teased out in advance of the referendum.

Every statement on the proposed wording must be constitutionally right, bearing in mind that it may be subject to judicial interpretation. I think everyone would accept that. It does not take in any way from the work that people have done, the policy objectives they set themselves or the proposed wording it put forward for consideration by the Government. The Government is now discharging its obligations in that respect. Obviously it would be the intention of the Minister of State with responsibility for children to liaise with those who have been involved in this work thus far when the issue is crystallised, and we can come forward with a discussion at that point. It is part of the process; the Parliament has done its work in bringing forward its proposals and the Government has to do its work. It is a substantive and complex area as everyone knows and the intention is to avoid any unintended policy or other consequences; that is the purpose of the work being undertaken at present.

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