Sandra McLellan (Cork East, Sinn Fein)
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Question 53: To ask the Minister for Children and Youth Affairs the current state of preparations for the promised referendum on children's rights; and if she will make a statement on the matter. [26079/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The third and final report of the Joint Committee on Children and the Constitution, JCCAC, deals with the rights of children under the Constitution, and the statute and case law concerning adoption, guardianship, care proceedings, custody and access to children. It sets out a proposed wording for a constitutional amendment to strengthen the rights of children. As Deputies will be aware, the programme for Government states that 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. Work is under way in the Office of the Attorney General to develop a draft wording for consideration by me and my Government colleagues. The previous Attorney General identified certain unintended consequences attaching to the joint committee's wording. The development of a revised wording will seek to resolve these issues while staying as close as possible to the joint committee wording. On receipt of a draft wording it is my intention to consult with other Departments and seek approval from Government for the proposed wording, with a view to holding the referendum next year.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I reaffirm my support and that of my party for the introduction of this legislation and proceeding to referendum before the people. Has the Minister any idea at this point when in 2012 we will see this legislation published? It is committed in the legislative programme for 2012. It is a vague period of time; a full 12 months. Can the Minister be more specific? Will the draft wording be published in advance of the actual legislation in order to not only refer to other Departments and Cabinet colleagues but require the full support of the Houses of the Oireachtas? That is a position I want to arrive at and I would be very interested to know if we will get the draft wording in advance and have the opportunity to feed back to the Minister on it.

Regarding the work towards wording that somewhat measures up to that recommended by the all-party committee, has the Minister confidence that we will realise wording that is an advance on that first mooted by the former Government? Can she give us some sense of the ongoing work within the office of the Attorney General? Is progress being made on this issue? Is there real proactivity, and when does the Minister expect that she will be able to move to the next stage of this process?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy knows first hand how complex this area is but I assure him that active work is being done to resolve some of the difficulties. It is a complex task. Real concerns were expressed by the previous Attorney General. There was concern about some unintended consequences in terms of the demands on the State. It is a question of seeing how we can resolve those. In advance of that I have not made decisions on some of the issues the Deputy raises but I welcome what he said regarding all-party support. The ideal position would be to have all-party Oireachtas support for this referendum. That would be my intention and I intend consulting across the Houses on the development of the approach to the referendum. At this stage I am focusing on ensuring that we get a wording and then preparing the necessary legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I welcome again the Minister's restated commitment to the early publication of this legislation but seek clarification of one point, namely, the draft wording. Will we have sight of the draft wording in advance of the legislation to facilitate the referendum? Can the Minister confirm that that is the case?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have not made a decision on that but I would want to consult as widely as possible.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Minister for her response on this question and assure her, as I have done previously, of my party's support for work on progressing the children's rights referendum and in taking an all-party approach to this issue because it is a sensitive and complicated one and it is important we all work together on it. Along with Deputy Ó Caoláin I would welcome if the wording can be published in advance. My only disappointment about this issue which I have expressed previously is the approach the Opposition parties took on it last February to have the referendum on the same day as the presidential election but I assure the Minister that those of us in my party understand the complexities involved and will work with her on the matter. I urge her to try to progress the work to ensure we have this issue before the people next year.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In reply to the comments by both Deputies, while the wording and the constitutional challenges are complex the intention is simple. It is to have greater protection for children and emphasise that in the Constitution.