Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage (Resumed) and Remaining Stages

 

5:05 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I thank the Minister for her comprehensive answer and appreciate what she said. However, this issue will be a very important part of the debate around the referendum in that this provision could be read as stating the State is being precluded in a sense from taking into account the best interests of the child and therefore if cases are taken against the State in the future the State's best interests will be put first as opposed to those of the child being paramount. The logic of our amendment is to close off that loophole, or make it very clear that in such a scenario the child will be paramount in all those cases, even if the State is also a party. If the State has been remiss it is important that the rights of the child, or the best interests of the child, should be paramount.

I would welcome also clarification from the Minister on a very important point. We are teasing out these issues today but they also need to be teased out in all fora and in the media in the run-up to the referendum.

Our colleagues in Fianna Fáil have stated that they are opposed to the idea of a 50:50 debate. Is the Government in favour of equal time being given to those on both sides of the argument? These are the types of issues that are going to arise and it is important that logical arguments be put forward by those on both sides of the debate. If people have concerns with regard to what is proposed, then these should be the subject of full, frank and open discussion and the Minister should be in a position to give as categorical an explanation as possible of the Government's stance. This is an area in respect of which people might suspect that something is afoot or that an attempt is being made to protect the State against the rights of children being asserted. Questions might also arise as to whether there is a fear with regard to the State being sued in the future. These are the types of issues which could be brought up during the debate and that is why we would like the loophole to be closed off by insertion of a reference to proceedings that "the State is party to". This could relate to numerous kinds of cases which could be brought in the future on foot of the State's intrinsic role in the context of intervening in child care.

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