Brian Cowen (Laois-Offaly, Fianna Fail)

The assertion made by the Deputy is incorrect. It is not correct to say that one could have expected a referendum last summer. The proposal was submitted to the Government in March or April and was the result of many years work. We have to examine the implications of the proposed wording. Ministers and Departments were asked to consider the report, which dealt with the complex nature of the issues involved, and to examine the implications of the proposed wording for their individual areas of responsibility. Arising from that examination, a range of unintended policy and resource implications were identified. Consequently, the Minister for Health and Children was asked to develop further work on the referendum, in co-operation with the Attorney General, and that has to be brought back to Government in due course.

The implications of the proposed wording are potentially far-reaching and could give rise to very substantial costs. The examination of the committee's wording identified a range of unintended policy and resource implications. These included concerns that the concept of continuity of care might lead to children being left in inappropriate care situations. There are also concerns about the implications for immigration policy and the manner in which the voice of the child provisions could lead to unwieldy and inappropriate arrangements, for example, if a child is suspended from school it could result in legal representation being required on both sides.

A new wording to try to take account of the proposals put forward by the joint committee, with the policy support being provided by the office of the Minister of State with responsibility for children and youth affairs, is currently being considered. This will try to bring forward a recommendation for Ministers and the Government to see in what way we can deal with this issue without the unintended resource and policy implications.

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