Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 20: To ask the Minister for Children and Youth Affairs if she will advise on the progress made towards the publication of the Government's proposed wording of the Children's Rights Referendum; and if she will commit to publication before this years end and a referendum in the first quarter of 2012. [20072/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The programme for Government 2011 states the referendum on children's rights is a priority and that the wording will be along the lines of that proposed by the Joint Committee on the Constitution, of which Deputy Ó Caoláin was a member. On taking office I instructed the Department of Children and Youth Affairs to work with the Office of the Attorney General with a view to preparing a draft wording which will more closely reflect the work of the committee than that which the previous Government approved in draft form.

Accordingly, the preparation of a draft wording is being undertaken by the Parliamentary Counsel in association with the advisory counsel in the Office of the Attorney General and officials in my Department. I hope to be in a position to submit the outcome of this work to the Government for approval in the autumn. It is envisaged the Government will be asked to approve the drafting of a Bill based on the wording submitted and to request the approval of the Oireachtas for the holding of a constitutional referendum. I look forward, in particular, to the debate among political and civic leaders and the wider public about the place of children in our society, further raising awareness of the interests of children.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I welcome this first Question Time on children and children's rights. I commend the Minister on taking this first major step.

At last week's Joint Committee on Health and Children, the Minister committed to introducing wording along the lines of that contained in the final report of the Joint Committee on the Constitution from February 2010. The period between February 2010 and February 2011 provided the former Government and the permanent government of various Departments an opportunity to evaluate properly the wording presented by the committee.

In the short time the Minister has had to engage with her new Department and other Departments, has she had the opportunity to establish how much of the all-party committee's wording was acceptable? What were the concerns about it? Does she believe she can introduce a wording that will mirror that of the all-party committee? Are there concerns in the Office of the Attorney General and other Departments about the all-party committee's wording? There may have been changes at the helm of Departments but those entrusted with the evaluation of the wording are still in their jobs and working on it. I would expect that 17 months after the publication of the wording there must be some greater clarity coming back from Departments.

Michael Kitt (Galway East, Fianna Fail)
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I must call the Minister, Deputy Ó Caoláin.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The previous Government did not come up with legislation based on the all-party committee's wording but with a different formula. Apparently, this was based on the concerns of the former Attorney General. That wording was not circulated formally but discussed informally with several non-governmental organisations, NGOs.

The Government's priority and intention is to ensure the wording will be along the lines of that proposed by the Joint Committee on the Constitution. The former Attorney General was concerned this wording could have unintended consequences for the State's financial obligations in this area and that they could be considered excessive. I have asked the Attorney General to re-examine the wording and these concerns, as well as those of various Departments.

The Government is determined to bring forward legislation for a referendum which will reflect the all-party consensus at the committee on the Constitution. The wording to be presented will be along the lines of that proposed by the committee.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister indicated an autumn deadline. Will this be the deadline for agreement on the Government's wording? Will we see publication of the facilitating legislation in the autumn? Will the Minister dare speculate if we will see the referendum in the first quarter of 2012?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As already stated, I hope and expect to be in a position to submit the outcome of that work to the Government for its approval in the autumn. The Deputy will be aware that there will be some further work to be done at that point. Draft legislation will be required in respect of adoption proposals - this will have to be brought through the Dáil - and a referendum commission will have to be established.

It is not possible for me to outline precisely how long the work relating to these various matters will take. However, I hope to have the wording in the autumn and it will then be the responsibility of the Oireachtas to pass the relevant legislation. I will deal with this matter as speedily as possible. If the wording is available in the autumn, we will then move forward with the legislation on the adoption proposals.