Seanad debates

Wednesday, 24 February 2010

Report of Joint Committee on the Constitutional Amendment on Children: Statements

 

5:00 pm

Photo of Fiona O'MalleyFiona O'Malley (Independent)

I thank Senator Feeney for sharing time. Like other speakers I welcome the Minister of State and pay tribute to the work and dedication of the committee. As the report has taken two years to produce I am sure its recommendations were not arrived at simply or quickly. Therefore, we need a long discussion about the legislation to be drafted and the referendum.

Every time a constitutional referendum is proposed I realise how out-of-date is the Constitution. Rather than have amendment after amendment we should have a total revamp of the Constitution. Today we are discussing a referendum on children. We could equally discuss the whole issue of the family, as Senator Norris and other Members have recommended. What is meant by the family? What was meant by the family in 1937 is no longer relevant today. We need to recognise this and update the Constitution. Members of the Oireachtas are not required to take an oath to uphold the Constitution but Ministers are. Therefore, I hope what I am proposing is not sacrilege. Our Constitution is out of date and no longer serves the required purpose or the people. It certainly does not serve the children of this country. That is why I welcome the recognition of the rights of children.

Senator Alex White surprised me when he said children do not have rights in court. I thought they did.

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