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

 

6:00 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I apologise for my late arrival. I was delayed in traffic.

I did not hear all of the debate on the amendments, but Deputy Joan Collins has informed me what has been said. If I understand it correctly, the Minister's point is that what we have been presented with in the Bill is a step forward in that the State will be able to take proceedings to vindicate the rights of the child and because provision is made for the voice of the child to be heard in such proceedings.

That is a positive step forward but the point of our amendment - it was proposed to us by the Children's Rights Alliance and by the Irish Council for Civil Liberties - was that others should be in a position to take proceedings if they are of the view that the rights of the child are not being fully vindicated and the right of the child to be heard is not being fully vindicated. Why would we assume that the State will in all circumstances be the guardian of the common good? Others could be the guardian of the common good - representatives of the child, parents of the child - other people who are concerned for the rights of the child. Our amendment proposes that by removing that deletion it leaves it open - the State and others would be in a position to take proceedings to vindicate the rights of the child and ensure that the voice of the child is heard as far as practicable in any proceedings. I do not see why the Government or the Minister would have any difficulty with that. She may have said more in her earlier responses but to my mind it seems like this is very sensible amendment that strengthens the objectives of the amendment of the Constitution overall. I ask the Minister to consider accepting this amendment.

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