Brendan Smith (Cavan-Monaghan, Fianna Fail)

This is my first opportunity to compliment Deputy Fitzgerald on her appointment as Minister for Children and Youth Affairs and I wish her well and to congratulate Deputy Shatter on his appointment as Minister for Justice and Equality, and I also wish him well with those onerous responsibilities.

I disagree, however, with his contribution. I compliment my colleague, Deputy McConalogue, who was first elected a number of months ago, on bringing forward this Bill relating to an issue of importance to many people throughout the country. A number of years ago, Deputy Shatter was one of the first Members to have legislation accepted by the then Government. Deputy McConalogue is setting a high standard for himself in introducing legislation at this stage.

I reject the contention of the Minister for Children and Youth Affairs last night that the Fianna Fáil approach is flawed and piecemeal. Our approach is constructive and it will add incrementally to the necessary progress in ensuring we protect and improve children's rights. I served as Minister of State with responsibility for children in late 2007 and early 2008 and I brought the proposal to the Government to establish the all-party constitutional committee on children. Together with the late Brian Lenihan, who was then Minister for Justice, Equality and Law Reform, we discussed the parameters of the committee with Deputy Ó Caoláin on behalf of Sinn Féin, Deputy Howlin on behalf of the Labour Party and Deputy Shatter on behalf of Fine Gael. At the time, the Government made a decision to put an exacting timeframe on the work of the committee, which was ably chaired by the former Deputy, Mary O'Rourke, as has been mentioned by many contributors to the debate.

The complexity of the issues before the committee was evident from the significant number of written and oral presentations it took from many eminent professionals, people with great knowledge representing non-governmental organisations and the legal profession and other specialists in the area. For the short time I served on the committee, I was taken by the commitment of all the members. It was a complex issue that necessitated detailed study of many conflicting documents and data in preparation for each meeting. The former Deputy, Mary O'Rourke, chaired that committee in an exemplary manner. We agreed at the time that there would be a tight timescale on the basis that the Government wanted all-party agreement on wording in order that it could be put to a referendum. The establishment of that committee in November 2007 arose from a commitment in the then programme for Government to deepen consensus on the Twenty-eight Amendment to the Constitution Bill that had been published in March 2007 by the previous Government.

The Government's amendment states, "endorses the action taken by the current Government..." but no actions have been taken other than to defer a commitment to hold this referendum on the same day as the presidential referendum. We are used to pre-election promises becoming null and void but, at the end of March, the Taoiseach stated the children's referendum campaign would run in tandem with the presidential election. Last year and in the early part of this year, members of the Labour Party and Fine Gael spoke eloquently about the need for this referendum and stated it could be held in conjunction with the general election.

Subsequently, the Minister for Children and Youth Affairs thought it would be too political to have this particular referendum issue discussed during the course of a presidential election. We all know that presidential elections are less political than general elections, and over the years, the former Minister of State, Barry Andrews, worked on the basis that the referendum proposal would be put alongside a general election. It was thought this time last year that such an election would be held later in 2011, so it is important to put those facts before the House tonight.

Deputy McConalogue made a very thoughtful and constructive speech. Deputies Browne, Ó Cuív, Ó Fearghaíl, Collins and Calleary clearly outlined our particular commitment to this very important issue. I heard the Minister for Children and Youth Affairs say last night that children, up to age 18, comprise 1.1 million of our population. That is a great asset and a high proportion of our population, and she rightly stated that we must ensure that we address properly the cares and needs of that particular age cohort, as we do for all age cohorts in the country.

Adoption is a major and sensitive issue. As representatives we all had widespread discussions throughout 2010 with prospective parents who were wishing to adopt from Vietnam. We all know the sensitivity of those issues and the difficulties as well. I know there have been visits since then. I have the utmost confidence in the chairperson of the Adoption Authority, Mr. Geoffrey Shannon, who I had the pleasure of recommending to the Government for appointment to that office. He brings a great status, knowledge, expertise and absolute commitment to the work at hand. The chief executive, Ms Liz Canavan, worked with me as an official in the Office of the Minister for Children, and I was delighted to see her being appointed chief executive as well. With the encouragement of the Minister, they will ensure that the work of the Adoption Authority is done in an exemplary manner with commitment and a clear understanding of the needs of prospective parents as well.

In the short time I was in that office, I had the opportunity to attend meetings of the different representative organisations and support groups. I met many families and individuals who were involved in those particular support groups, and I was always struck by the absolute commitment, tenacity and dedication of those people. They were all working in a voluntary capacity to help other prospective parents and to ensure that the needs of children are catered for properly.

The wording put forward by Deputy McConalogue has been around for a number of years. It was first proposed in 2007 by Brian Lenihan, our late lamented colleague. It has been endorsed by the all-party committee. This is not a wording that has just been put before the Oireachtas this week. It has been through very thorough scrutiny inside and outside the Oireachtas. It has been scrutinised by non-governmental organisations and so many representative groups who are absolutely committed to its ideals.

The approval of this Bill will enable the holding of a referendum on adoption alongside the forthcoming presidential election. I reject the negative comments by the Minister for Justice and Equality in respect of Deputy McConalogue's Bill. Fianna Fáil will continue to work in a positive way on all of the issues relating to children's rights. We firmly believe in progressing these issues on the basis of consensus. As the Minister said last night, we all want to balance the rights of families and children. She referred to the need to do a body of work in preparing proposals which would be published in conjunction with the Bill. Deputy Shatter referred to this as well. Of course people would need to know the parameters of the proposal on which they would be voting. We are well aware of that. In his wide ranging and considerate speech, Deputy McConalogue referred to this issue before the Minister for Children and Youth Affairs did so, as she spoke at a later time. He stated clearly that the amendment to the Constitution would empower the Oireachtas to introduce legislation to allow for the adoption of children in long-term care, if it is in their best interests.

We know that a White Paper will be required. The Department will have to outline clearly the exact position arising from the passing of the referendum. Deputy McConalogue also referred to the need to identify a threshold before it would be possible for a child in foster care to be adopted. If the Minister for Justice and Equality had the opportunity to listen to the Deputy last night, he would have heard him refer to the fact that the Fianna Fáil proposal would be for a threshold of five years before a child could go forward for adoption, after being placed into care. The Minister for Children and Youth Affairs referred to the need to decide between whether the threshold should be three, five or seven years. She was not being prescriptive and all of us agree that the one year period in Britain would not be satisfactory, which is why we in Fianna Fáil put forward the proposal of five years.

I understand very clearly that the former Minister of State, Barry Andrews, did much preparatory work on the necessary supporting documentation, to which the Minister for Children and Youth Affairs referred last night. He did this last year, following the recommendations of the all-party Oireachtas committee. We understand that three proposals for referendum will be put to the people along with the presidential elections in October or November. They refer to the Abbeylara judgment, the whistleblower's legislation and the rate of pay of the Judiciary. No preparatory documentation or draft Bill has been seen by any Member in respect of those referendum proposals, so it is absolutely wrong to say that there is not time to prepare the necessary supporting documentation for this Bill which we are putting before the House tonight.

This issue has been discussed in great detail over many years. We all know that it initially arose from the good work of Mrs. Justice Catherine McGuinness in the area of children's rights. The late Brian Lenihan then chaired the All-Party Committee on the Constitution, which also did excellent work. Subsequently, the proposed 28th amendment was put by the then Government in the early part of 2007. Following the election in May 2007, the new programme for Government stated that an all-party Oireachtas committee would be established to deepen consensus on the wording. I was Minister of State with responsibility for children at this time. I put that proposal to the Government and the then Taoiseach appointed former Deputy Mary O'Rourke as chairperson of the committee. The Minister for Children and Youth Affairs, Deputy Fitzgerald, Deputy Ó Caoláin, myself, Deputy Ó Fearghaíl and many others were on that committee. All members of the committee were absolutely committed to working in the best interests of the children of this country. I am very disappointed that the Government is not taking the opportunity to progress this particular element of that all-party work for October or November. I am not being divisive. I am being positive and progressive.

We are bringing forward this Private Members' Bill to run a referendum on adoption alongside the presidential election. The Bill will allow for the adoption of hundreds of children who are currently in long-term care and who cannot be adopted because of rules arising from the current position of the family in the Constitution. Fianna Fáil has taken the step of introducing this Bill in response to the U-turn by this Government on its commitment to run the proposed children's rights referendum alongside the presidential election. Last year, Fine Gael put forward the idea that the referendum could be held alongside the general election. During the election campaign and following the election, the Fine Gael Party indicated that this would be held on the same day as the presidential election this year. Late last year, Fine Gael and Labour also suggested that the referendum could be held the same day as the general election. As leader of the Labour Party in Opposition, the Tánaiste said the following late last year.

In the past, various referenda were held on the same day as general elections. A general election is to take place some time in the new year. Is it intended that the referendum on children's rights will take place on the same day as the general election?

Shortly after Deputy Kenny was appointed Taoiseach, he said the following:

It should be possible to get agreement on a formula of words that could be put to the people on the same date as the presidential election. That was a post-election committment. The Taoiseach made that commitment after his election as Taoiseach. However earlier this month, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald stated:

"...the referendum will not take place on the same day as the presidential election. There is concern that to do so would unnecessarily and unhelpfully politicise children's rights..."

. We have seen a major change in the Fine Gael and Labour Party commitments on this issue. I am disappointed because I am quite sure as Deputy Éamon Ó Cuív pointed out last night, that the overall children's rights proposal and referendum is a complex issue and no one will take away from that. I note that the previous Attorney General and the then Government gave detailed consideration to the proposal that was put forward by the Oireachtas all-party committee. This is one component that could easily gain the support of the electorate in a referendum. I know of the Minister, Deputy Fitzgerald's work and her commitment to this area.

Even if our proposal is voted down, we could not accept the Government amendment. The Government amendment commends the Government on its actions to date. The Government's actions to date have been to renege on the commitment it made pre and post election. That is the reason we are putting forward a proposal tonight and I can reassure the Minister and Deputy Ó Caoláin who raised this issue last night that we will continue to work constructively with all parties in this House on furthering and improving the interests of children.

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