Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Again, it comes back to the principle of equality. The fact that we in the committee had placed such weight on it, as I clearly recall, and then that there was no reference in the new Article 42A is what alerted me to this particular omission. This was the appropriate place to reflect the value of equality and provide that the State, in recognising and affirming the natural and imprescriptible rights of all children, would do so equally. I do not think it is the case that we are going to see positive discrimination in favour of those in greater need as an outworking of what is involved in terms of the constitutional change, but I have always believed that affirming the equality principle should be a core objective and central tenet of any republic.

I again ask the Minister to reconsider, but certainly it will not divert me or my party from our attempt. We understand what the Minister has said but we believe that what we propose not only strengthens the position but clarifies it, given that this will all be interpreted in time in court settings. It best informs those who will have that task and responsibility in the future. Therefore, once again, I commend the inclusion of the word "equally", knowing all too sadly that whatever natural and imprescriptible rights the State has affirmed on behalf of children in the past, it has not done so equally. Sadly, we live in a very unequal society, and I believe this is not only an important marker but an important statement of intent and a signal with regard to interpretation. I will leave it with the Minister.

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