Joe Carey (Clare, Fine Gael)

I congratulate those in the Government who took the decision to place children's affairs on a par with other portfolios through the establishment of the Department of Children and Youth Affairs. It was wonderful to welcome Deputy Fitzgerald to County Clare two weeks ago on her first official engagement as Minister for Children and Youth Affairs. Throughout her visit to County Clare, the Minister demonstrated her deep understanding of her brief. I thank her for that. I also wish to acknowledge the Minister's work with regard to Vietnamese adoptions. She met a group in Clare with regard to such adoptions and I am aware there is some movement in that regard. I welcome her work in that area.

One of the Minister's initial tasks is to place children's rights in Bunreacht na hÉireann, while recognising that this process is by no means without implications for other articles of the Constitution. I would like to take this opportunity to acknowledge the significant body of work carried out by the late Brian Lenihan when he was Minister of State with responsibility for children. During the last Dáil, I worked as Fine Gael spokesperson on juvenile justice. The former Minister's fingerprints were found everywhere, from the Children's Act 2001 to the Irish Youth Justice Service which he established and, not least, the All Party Oireachtas Committee on the Constitution. I acknowledge the Trojan work he did in this area.

Yesterday evening, the Minister outlined clearly and unambiguously the high value she places on consensus on this issue. Consensus is the only way we can bring this work to a conclusion. While there is merit in the Bill brought forward by Deputy McConalogue and while I understand what he is trying to achieve, it is a fragmented approach to the issue. We must have a consensus, but in trying to bring forward just two issues, the Deputy is breaking that consensus. More importantly, hasty constitutional changes, whatever the reason they are introduced, tend to create the unintended or unforeseen consequencesreferred to last night by Deputy Ó Cuív. Historically such changes have always been damaging and negative and tend to make worse the very issue one is trying to make better. The Minister confirmed last night that the principles put forward by Deputy McConalogue will be contained in the Government's wording. It is for this reason that I cannot see the merit in proceeding with this Private Members' Bill.

There is no doubt that an unforgivable amount of time has elapsed since Mrs. Justice Catherine McGuiness made her comments on the child's status in our Constitution. However, as we now come to a constitutional conclusion, if that is possible, there has been progress and there have been initiatives that will allow us distinctively place children's rights in our Constitution.

The establishment of the Department, the establishment of the Office of the Children's Ombudsman, the Children's Act itself and the strengthening of children's advocacy groups have all been mentioned. All the experience and knowledge of these offices and facilities will no doubt be used to the utmost advantage by the Minister as she proceeds in her work. I support the Minister's amendment to the motion and note that she has left the door open somewhat with her commitment to revisiting the issue in six months time. The Government is committed to holding a referendum to strengthen children's rights and this position is clearly outlined in the programme for Government. The Government will produce a wording which reflects the work of the joint committee on the constitutional amendment on children, which was unanimously agreed by all parties on that committee.

The last thing we need is a piecemeal approach to this referendum. I believe the best approach is to have consensus on this issue and that an agreed wording can be put to the people in the referendum which will take place early next year.

See this speech in context