Dáil debates

Thursday, 27 September 2012

An Bille um an Aonú Leasú is Tríocha ar an mBunreacht (Leanaí) 2012: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee and Remaining Stages

 

5:30 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Throughout the provisions we refer to "all children" and "any children". I previously indicated why we had moved from the phrase "cherish all of the children" and chosen a particular formulation. The phrase "cherish" does not have as strong a legal meaning as the wording I have chosen, on which I was advised, which is "recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable ...". I stress that the reference is to "all children". "As far as practicable" is a phrase that is used throughout the Constitution. There has been some concern about it but it is a standard part of constitutional drafting. The wording does deal with the point made by Deputy Ó Caoláin, as well as the provisions in which we make it clear the provisions apply to all children whether of marital or non-marital parents. That does deal with the issue, in addition to Article 40. I am satisfied that when one reads the Constitution as a whole, that is apparent in the new Article 42A but also in Article 40, which must be read in conjunction with the new article.

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