Dáil debates

Wednesday, 26 September 2012

An Bille um an Aonú Leasú is Tríocha ar an mBunreacht (Leanaí) 2012: An Dara Céim (Atógáil) - Thirty-First Amendment of the Constitution (Children) Bill 2012: Second Stage (Resumed)

 

6:25 pm

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent) | Oireachtas source

I welcome the opportunity to contribute to the debate on the children's rights referendum. As was said, the amendment has been welcomed across the board and among the wider public, rightly so. This is a tribute to the work the Minister has done to put together wording that is acceptable to everybody, which is as it should be. There is no doubt the Irish people will on 10 November give the go-ahead to the amendment of the Constitution. I would imagine there will be virtually unanimous support across the country in regard to protecting the rights of children and enshrining this in our Constitution.

As the Minister said in her contribution yesterday, it has been a very long time coming, perhaps too long. On 11 November, the work will really begin for those in the Oireachtas because there is no doubt the amendment will be passed and, when it is, we will have a job to do. We need to make sure legislation reflects fully and builds on the amendment, and strengthens the protections for children and the rights of children into the future.

The wording of the amendment is the legal minimum standard. The Adoption (Amendment) Bill just published will go some way to enshrining those rights in regard to adoption and the rights of children but when we introduce other legislation, we need to go further. There are proposals to put child protection on a legislative basis and we need to make sure that progresses as quickly as possible. We also need a children Bill to be published that will fully enshrine and build further on the rights of children. Comprehensive legislation on that basis will be vital for us.

The wording of the amendment states that rights "shall" be enshrined, which is very important. I pay tribute to the Minister for ensuring the word "shall" is included because it means we cannot duck our responsibility in this House and we will have to ensure we bring forward the legislation to protect the rights of children. The fact the wording reflects the UN Convention on the Rights of the Child is also important and builds this into the Constitution. This can only strengthen the Constitution and make it better for all citizens, children in particular.

The legislation we introduce after the referendum must ensure the best interests of children are reflected in all proceedings in regard to children, whether administrative or judicial, so children are foremost in people's minds when they make these decisions. The views of children should be considered in any judicial proceedings. I know that in some jurisdictions children are given legal representation with regard to adoption and other matters concerning them. That is something we should put in place here.

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