Shane McEntee (Meath East, Fine Gael)

I note the co-operation of all parties on this matter. I am taking this Adjournment on behalf of my colleague, the Minister for Children, Deputy Frances Fitzgerald. I am pleased to provide the Seanad with an update on the work of the Joint Committee on the Constitutional Amendment on Children and the Government position on the referendum on children's rights.

I emphasise the Government's commitment to the amendment of the Constitution to strengthen its protection of the rights of children. This Government will ensure that our young people are given the full protection of the Constitution. The programme for Government reaffirms the Government's intention to hold a referendum to amend the Constitution to ensure that children's rights are strengthened along the lines recommended by the all-party Oireachtas committee.

In general, the Constitution strikes a balance between personal rights, the status of the family, the rights and duties of parents and the power of the State as guardian of the common good. The aim of the Government is to expressly include children in this equation. The road to constitutional reform is protracted and cautious by nature. This is appropriate, given the need to ensure the Constitution, the cornerstone and basic law of the State, reflects the needs, culture and ethos of the people. The call for constitutional change to protect children has been championed by Ms Catherine McGuinness in her report on the Kilkenny incest investigation and by the Constitution Review Group in its 1996 report.

Our society is governed by the Constitution. It is Government's position that the rights of children have to be balanced with other important principles already contained in the Constitution and which are important in protecting and safeguarding children from harm. This Government is committed to ensuring that there is no dilution of the equally important concepts of the duties of parents and the core position in society of the family unit. Any amendment developed will respect the constitutional position of the family based on marriage as the fundamental unit of our society.

The Joint Committee on the Constitutional Amendment on Children considered wording for an amendment to the Constitution and produced two interim reports which recommended legislative responses to the issues referred to in the proposed amendment. The final report of the joint committee, published in February, 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. The committee's draft proposed wording and the full version of the report may be downloaded from the Oireachtas website, ww.oireachtas.ie.

The then Minister of State with responsibility for children and youth affairs, Mr. Barry Andrews, presented a copy of the third and final report of the Joint Committee on the Constitutional Amendment on Children to the Cabinet in early March. This was considered by the different Departments and the Attorney General, to determine the implications for the Government and for their individual responsibilities. A draft wording was developed at that time but it did not adequately reflect the good work done by the all-party Oireachtas committee.

The programme for Government 2011 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 all-party Oireachtas committee. Since taking office, the Minister for Children has commenced discussions with 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. Following these deliberations, the Minister for Children intends to bring the matter to Government for approval to draft a Bill and to hold a referendum.

Last week, the Taoiseach stated the referendum would not take place on the same day as the Presidential election. There is concern that to hold it then may unnecessarily and unhelpfully politicise children's rights. It is considered that a separate referendum is more appropriate for this important and sensitive issue.