Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

Tairgim leasú a 1:

I gCuid 1, leathanach 7, línte 5 go 7 a scriosadh agus an méid seo a leanas a chur ina n-ionad:

“1 Admhaíonn agus deimhníonn an Stát cearta nádúrtha dochloíte na leanaí uile agus ráthaíonn sé na cearta sin a chosaint is a shuíomh lena dhlíthe sa mhéid gur féidir é.”,

agus

I gCuid 2, leathanach 9, línte 4 go 6 a scriosadh agus an méid seo a leanas a chur ina n-ionad:

“1 The State recognises and affirms the natural and imprescriptible rights of all children and guarantees, as far as practicable, by its laws to defend and vindicate those rights.”.

I move amendment No. 1:

In Part 1, page 6, to delete lines 5 to 7 and substitute the following:

“1 Admhaíonn agus deimhníonn an Stát cearta nádúrtha dochloíte na leanaí uile agus ráthaíonn sé na cearta sin a chosaint is a shuíomh lena dhlíthe sa mhéid gur féidir é.”,

and

In Part 2, page 8, to delete lines 4 to 6 and substitute the following:

“1 The State recognises and affirms the natural and imprescriptible rights of all children and guarantees, as far as practicable, by its laws to defend and vindicate those rights.”.

I ask that the Minister and Government would consider accepting the amendment. Sub-article 1 is very strongly worded and is very similar to the wording that was prepared by the former Minister of State, Mr. Barry Andrews, who referred to recognising all children having natural and imprescriptible rights, and the Minister, Deputy Fitzgerald, has clearly outlined in her wrap-up speech just exactly what those rights mean. This, if passed, will allow the courts to identify these rights on a case-by-case basis. We propose the amendment because we believe it strengthens the Bill and provides greater protection to the child.

The amendment proposes that draft Article 42A be amended so that it is consistent with the constitutional protection given to citizens under Article 40.3.1°, which provides that: "The State guarantees in its laws to respect and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen." Fianna Fáil believes a similar level of protection should be afforded in the article concerning children and that it should, therefore, read: "The State recognises and affirms the natural and imprescriptible rights of all children and guarantees, as far as practicable, by its laws to defend and vindicate those rights." This amendment will ensure the same protection for children as is provided to the citizen referred to in Article 40.3.1°. We feel this is necessary and appropriate since it is likely that the courts will interpret children's personal rights as being protected by the new Article 42A.1, not Article 40.3.1°.

See this speech in context