Enda Kenny (Mayo, Fine Gael) | Oireachtas source

First, I am happy that the people made a clear decision in endorsing the referendum proposal to give children recognition and protection in the people's Constitution, Bunreacht na hÉireann. It also falls to me to thank all the parties in the House for their contributions to the campaign. I thank the advocacy groups who spoke out and who campaigned for this. Most importantly, I thank the people who went out and voted, and clearly and specifically, those who gave a clear majority verdict in respect of this.

The McKenna judgment has been around for more than 17 years, with a second appraisal in 1995. No court has ever set out specifically what are the parameters, confines and meaning of the McKenna judgment.

The Government, in so far as putting this question to the people was concerned, followed a call more than 20 years ago by Mrs Justice Catherine McGuinness that the Constitution be amended. There have been all the different attempts over the years. Inside 18 months, we have put four questions to the people, including this one which has been endorsed.

The Government set out to uphold the principles that apply in this and the Minister, Deputy Fitzgerald, followed a clear line in dealing with the requirement to have information given to people and to deal with misinformation. After all, there were groups stating that there would be compulsory vaccination of children and the State might step in and prevent parents from bringing their children to Mass if that was their wish. There was a great deal of misinformation going around on this matter.

Deputy Martin will be aware that the High Court gave a clear 11-page judgment on the information in respect of the website, advertising and booklet, and what the Government was doing. Clearly, on 8 November, when the Supreme Court made its decision, the Government responded immediately, in fully accepting its decision and in acting accordingly.

It is important that we do not prejudice or comment unduly on the reasons the Supreme Court gave its judgment in the way it did. The Supreme Court has produced a preliminary judgment. It is important for Deputy Martin and everybody else to await the detail which will be outlined in the Supreme Court judgment in December and that the House reflect on that taking into account the background to this, the McKenna judgment, the question for future referenda and what, in respect of the people's Constitution, we as the Oireachtas should do for the future.

The bottom line here is that the people have changed the Constitution. They have gone out and voted by a clear majority to give children protection and recognition in the Constitution and the Government will now move on to introduce the necessary supplementary legislation to give effect to that and to change forever the nature of the way children were treated in this country. This amendment is for the benefit of society, in particular, children, those in vulnerable situations and those in the limbo land of foster care where a minority have no prospect of adoption. In that sense, I want to wait until I see the detail of the Supreme Court's analysis. The court is entitled to that, without deference or speculation, idle or otherwise, about the reasons it gave its judgment of the nature and in the way it did.

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