Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

Yes, there is also guardianship ad litem. I accept there is legislation governing guardianship ad litem but I understand the relevant section of the legislation has never been formally commenced. I tabled a parliamentary question to the Minister for Justice and Equality, Deputy Shatter, on the matter last year. I seek that the Minister’s officials would check out the matter. I was asked about the issue by a father. Courts were instructing fathers to contribute to the cost of a guardian ad litem report. The parliamentary question I tabled in the past year related to when the section relating to guardianship ad litem was commenced but I was informed that it was not commenced. I urge the Minister to check out the matter because it is possible that judges could be breaking the law on the Bench every day by referring to such matters if the relevant measures have not been commenced. We support the referendum and the greater emphasis on children. This step is part of a continuum as society grows up, moves on and becomes more open. It is a reflection of where we are as a society.

The big issue that will arise in the coming weeks is media coverage because the national broadcasters are required to provide a 50:50 balance. I do not know how that will work. Perhaps they will have to curtail their coverage and there will be a greater emphasis on us as political leaders and non-governmental organisations to campaign vigorously if the media is not in a position to do so. We do not want the situation to arise where it is necessary to deliberately manufacture a row on “The Frontline” for example to ensure an equal balance in coverage, if a valid editorial decision is taken that it is not the correct thing to do. In the event of media coverage being reduced then the rest of us must step into the breach and do as much as we can. In the previous referendum the Government spent a lot of money before the Referendum Commission was formally established and legislation was passed to allow the Government to put its case. It did not come into the reckoning under the terms of the McKenna judgment. There might be an opportunity to spend money before the formal writ for the referendum date is moved. Unfortunately, we might have to get around the strict ruling of the Supreme Court on the issue. I suspect that if a referendum such as this were in question the Supreme Court might have come to a different conclusion.

We look forward to a good turnout on Saturday, 10 November. We want people to come out and vote “Yes” and give their support for the referendum. We want that to be followed up by an announcement in the first week of December of a handsome increase in budget resources for children to back up the referendum result.

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